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HomeMy WebLinkAbout20141149 Ver 1_3rd Draft comments SAW-2014-00657_20170224Strickland, Bev From: Sent: To: Cc: Subject: Attachments: Adam, Worth, and Grant, Bailey, David E CIV USARMY CESAW (US) < David.E.Bailey2@usace.army.mil > Friday, February 24, 2017 9:48 AM Grant Lewis; Adam Riggsbee; Worth Creech Tugwell, Todd J CIV USARMY CESAW (US); Hughes, Andrea W CIV USARMY CESAW (US); Kathryn Matthews; Todd Bowers; Higgins, Karen; Homewood, Sue; Baker, Virginia; Haupt, Mac; Munzer, Olivia; Huggett, Doug; Ken Riley - NOAA Federal Cape Fear 02 Umbrella Bank (Octabank) 3rd Draft comments; SAW -2014-00657 2014-00657 Octobank Draft UMBI and Plans - Compiled Comments 3.pdf; 20170224 Email IRT Comments to Sponser 3.pdf Please see the attached compiled USACE comments on the 3rd Draft UMBI and 4 mitigation plans, for the above referenced project for your review and response. Note that your previous submissions addressed all concerns raised by other IRT members. As before, if you prefer a formal letter I would be happy to provide it at your request. Upon receipt of your response to these comments, the IRT will work with you to address any unresolved issues concerning the 3rd Draft UMBI and Plans. Although we anticipate that the majority of the comments can be addressed via phone calls or email, the Corps will arrange a meeting to be attended by IRT members and the sponsor - if necessary or preferred by the Sponsor - in the interest of meeting the decision-making timeframes specified in 33 CFR 332.8(d). If there are no sponsor concerns related to making all of the requested changes, you may proceed in preparing the final UMBI and Mitigation Plans for IRT signature. Rather than sending the final documents to our office for distribution to the IRT, we suggest that you mail final copies to the IRT members directly for signature. Please let me know if you have any questions. Sincerely, -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE -SAW -RG -R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David. E.Bailey2@usace.army.miI The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. DRAFT UMBI REDLINE VERSION: FEBRUARY 2017 AGREEMENT TO ESTABLISH THE CAPE FEAR 02 UMBRELLA MITIGATION BANK WITHIN THE STATE OF NORTH CAROLINA U.S. Army Corps of Engineers (Corps) approval of this Instrument constitutes the regulatory approval required for the CAPE FEAR 02 UMBRELLA MITIGATION BANK to be used to provide compensatory mitigation for Department of the Army permits pursuant to 33 CFR 332.8(a)(1). This Instrument is not a contract between the Sponsor or Property Owner and Corps or any other agency of the federal government. Any dispute arising under this Instrument will not give rise to any claim by the Sponsor or Property Owner for monetary damages. This provision is controlling notwithstanding any other provision or statement in the Instrument to the contrary. This Umbrella Mitigation Banking Instrument (LIMBI) is made and entered into on the day of , 2016, by Restoration Systems, LLC (Sponsor) and the Corps, and each of the following agencies, upon its execution of this UMBI, the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the National Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources Commission (NCWRC), the State Historic Preservation Office (SHPO) and the North Carolina Division of Water Resources (NCDWR). The Corps, together with the State and Federal agencies that execute this UMBI, are hereinafter collectively referred to as the Interagency Review Team (IRT). WHEREAS the purpose of this agreement is to establish an umbrella mitigation bank (Bank) providing compensatory mitigation for unavoidable wetland and/or stream impacts separately authorized by Section 404 Clean Water Act permits and /or Section 10 of the Rivers and Harbors Act permits in appropriate circumstances; WHEREAS the agencies comprising the IRT agree that the Bank Sites are suitable mitigation sites, and that implementation of the Mitigation Plans are likely to result in net gains in wetland and/or stream functions at the Bank Sites, and have therefore approved the Mitigation Plans; THEREFORE, it is mutually agreed among the parties to this agreement that the following provisions are adopted and will be implemented upon signature of this UMBI. Section I: General Provisions A. The Sponsor is responsible for assuring the success of the restoration, enhancement and preservation activities at the Bank Sites, and for the overall operation and management of the Bank. The Sponsor assumes the legal responsibility for providing the compensatory mitigation once a permittee secures credits from the Sponsor and the District Engineer (DE) receives documentation that confirms the Sponsor has accepted responsibility for providing the required compensatory mitigation. B. The goal of the Umbrella Bank is to restore, enhance and preserve perennial and intermittent stream systems, and associated riparian wetland systems, and their functions to compensate in appropriate circumstances for unavoidable wetland and/or stream impacts authorized by Section 404 of the Clean Water Act permits and/or Section 10 of the Rivers and Harbors Act permits in circumstances deemed appropriate by the Corps after consultation, through the permit review process, with members of the IRT. C. Use of credits from the Bank to offset wetland and/or stream impacts authorized by Clean Water Act permits must be in compliance with the Clean Water Act and implementing regulations, including but not limited to the 404(b)(1) Guidelines, the National Environmental Policy Act, and all other applicable Federal and State legislation, rules and regulations. This agreement has been drafted in accordance with the regulations for Compensatory Mitigation for Losses of Aquatic Resources effective June 9, 2008 (33 CFR Parts 325 and 332) (Mitigation Rule). D. The IRT shall be chaired by the DE of the Corps, Wilmington District (District). The IRT shall review documentation for the establishment of Bank Sites. The IRT will also advise the DE in assessing monitoring reports, recommending remedial measures, approving credit releases, and approving modifications to this instrument. The IRT's role and responsibilities are more fully set forth in Sections 332.8 of the Mitigation Rule. The IRT will work to reach consensus on its actions. E. The DE, after consultation with the appropriate Federal and State review agencies through the permit review process, shall make final decisions concerning the amount and type of compensatory mitigation to be required for unavoidable, permitted wetland and/or stream impacts, and whether or not the use of credits from the Bank is appropriate to offset those impacts. In the case of permit applications and compensatory mitigation required solely under the Section 401 Water Quality Certification rules of North Carolina, the NCDWR will determine the amount of credits that can be withdrawn from the Bank. Any credits used to offset impacts solely authorized by Section 401 cannot be used for other impacts authorized under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. F. The parties to this agreement understand that a watershed approach to establish compensatory mitigation must be used to the extent appropriate and practicable. Where practicable, in-kind compensatory mitigation is preferred. Section II: Geographic Service Area The Geographic Service Area (GSA) is the designated area within which the Bank is authorized to provide compensatory mitigation required by DA permits. The GSA for this Bank shall be comprised of all areas contained within the Haw River basin, or Hydrologic Unit Code (HUC) 03030002 in North Carolina (Appendix A). Credits must be used in the same 8 -digit HUC in which they were generated, and credits should be tracked on separate ledgers for each Bank Site. Use of a Bank Site to compensate for impacts beyond the GSA may be considered by the Corps or the permitting agency on a case-by-case basis. Section III: Mitigation Plans Any Mitigation Plan submitted pursuant to this UMBI must contain the information listed in 332.4(c)(2) through (14) of the Compensatory Mitigation Rule. A. The Sponsor will perform work described in all approved Mitigation Plans. B. The Sponsor shall monitor Bank Sites as described in the approved Mitigation Plan(s), until such time as the IRT determines that the performance standards described in the Mitigation Plan(s) have been met. C. Mitigation Plans submitted for inclusion in this bank (Appendix B) must meet the requirements of any District guidance that is current at the time the proposed Bank Site is submitted to the District and determined complete, including any updates made to monitoring requirements, credit releases, long term management, or any other provisions that are required and/or specifically addressed in the Mitigation Plan. The addition of any site to this instrument shall be considered as a modification to this instrument, and processed in accordance with the procedures set forth in the Mitigation Rule. D. Authorized representatives of the IRT agencies will be allowed reasonable access to Bank Site properties for the purposes of inspection and monitoring compliance for all Mitigation Plans associated with this instrument. Section IV: Reporting A. The Sponsor shall submit to the DE, for distribution to each member of the IRT, an annual report describing the current condition of the Bank Sites and the condition of the Bank Sites in relation to the performance standards in the Mitigation Plan(s). The Sponsor shall provide to the DE any monitoring reports described in the Mitigation Plan(s). B. As part of each annual monitoring report, the Sponsor shall also provide ledger reports documenting credit transactions as described in Section VIII of this LIMBI. C. Each time an approved credit transaction occurs, the Sponsor shall provide notification to the DE within 30 days of the transaction. This notification shall consist of a summary of the transaction and a full ledger report reflecting the changes from the transaction. Additionally, signed copies of the Compensatory Mitigation Transfer of Responsibility Form shall be submitted to the Corps Project Manager for the permit and the Corps Bank Manager for the Bank Site. Section V: Remedial Action A. The DE shall review the monitoring reports, as required in the Mitigation Plan(s), and may, at any time, after consultation with the Sponsor and the IRT, direct the Sponsor to take remedial action at the Bank Site(s). Remedial action(s) required by the DE shall be designed to achieve the performance standards as specified in the Mitigation Plan(s). All remedial actions required under this section shall include a work schedule and monitoring criteria that will take into account physical and climactic conditions. The Sponsor shall implement any remedial measures required pursuant to the above. C. In the event the Sponsor determines that remedial action may be necessary to achieve the required performance standards, it shall provide notice of such proposed remedial action to all members of the IRT. No remedial actions shall be taken without the concurrence of the DE, in consultation with the IRT. Section VI: Use of Mitigation Credits A. Description of credit classifications and provisions pertaining to the use of those credits shall be provided in the Mitigation Plan(s) to be included in this Bank. Credit classifications (e.g., cold water stream, cool water stream, warm water stream, coastal wetlands, non -riparian wetlands, riparian non-riverine wetlands, and riparian riverine wetlands) will be in accordance with current District guidance at the time the Mitigation Plan is submitted to the District. In general, these classifications will be used to determine if a particular credit qualifies as "In - Kind" mitigation. Exceptions to the use of "In -Kind" mitigation may be allowed at the discretion of the permitting agencies on a case-by-case basis. B. Wetland and stream compensation ratios are determined by the DE on a case-by-case basis based on considerations of functions of the wetlands and/or streams impacted, the severity of the wetland and/or stream impacts, the relative age of the Bank Site, whether the compensatory mitigation is in-kind, and the physical proximity of the wetland and/or stream impacts to the Bank Site. C. Notwithstanding the above, all decisions concerning the appropriateness of using credits from the Bank Sites to offset impacts to waters and wetlands, as well as all decisions concerning the amount and type of such credits to be used to offset wetland and stream impacts authorized by Department of the Army permits, shall be made by the DE, pursuant to Section 404 of the Clean Water Act and implementing regulations and guidance. These decisions may include notice to and consultation with the members of the IRT through the permit review process if the DE determines this to be appropriate given the scope and nature of the impact. Section VII: Credit Release Schedule A. All credit releases must be approved in writing by the DE, following consultation with the IRT, based on a determination that required performance standards have been achieved. B. A credit release schedule shall be provided in the site-specific Mitigation Plan(s) that are included in the Bank. The credit release schedule will list all of the proposed credit releases and any performance standards associated with those releases. C. In general, the initial allocation of credits from any site included as part of this bank shall be available for sale only after the completion of all of the following: 1. Execution of this LIMBI by the Sponsor, the DE, and other agencies eligible for membership in the IRT who choose to execute this LIMBI, to include the approval of any modifications to this agreement when new sites are added to it; 2. Approval of a final Mitigation Plan(s); 3. Confirmation that the Bank Site(s) have been secured; 4. Delivery of executed financial assurances as specified in the site-specific Mitigation Plan(s); 5. Delivery of a copy of the recorded long-term protection mechanism as described in the site-specific Mitigation Plan(s), 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(s). The Sponsor must initiate construction of the physical and biological improvements proposed in the approved Mitigation Plans no later than the end of the first full growing season following the initial sale of credits from each Bank Site. This provision does not apply to preservation -only sites that do not include any physical or biological improvements. Subject to the Sponsor's continued satisfactory completion of all required performance standards and monitoring, additional restoration mitigation credits will be available for sale by the Sponsor as specified in the final Bank Site Mitigation Plan(s). Section VIIL• Accounting Procedures A. The Sponsor shall develop accounting procedures acceptable to the DE for maintaining accurate records of debits made from the Bank Sites. Such procedures shall include the generation of a ledger for each Bank Site, by the Sponsor, detailing credits used at the time they are debited from the Bank. All ledger reports shall identify credits debited and remaining by type of credit and shall include for each reported debit the Corps ORM ID number for the DA permit for which the credits were utilized and the permitted impacts for each resource type. B. Each time an approved credit transaction occurs, the Sponsor shall notify the DE within 30 days of the transaction with a summary of the transaction and a full ledger report showing the changes made. Signed copies of the Transfer of Mitigation Responsibility form shall also be submitted to the Corps permit Project Manager and the Corps Bank Manager for the Bank Site. C. The Sponsor shall prepare an annual ledger report, on each anniversary of the date of execution of this agreement, showing all credits used, any changes in credit availability (e.g., additional credits released, credit sales, suspended credits, etc.), and the beginning and ending balance of remaining credits. The Sponsor shall submit the annual report to the DE, for distribution to each member of the IRT, until such time as all of the credits have been utilized, or this agreement is otherwise terminated. Section IX: Financial Assurances A. Financial assurances for the Bank Sites will be detailed in the site-specific Mitigation Plan(s). The Sponsor shall provide financial assurances in a form acceptable to the DE, sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required pursuant to this LIMBI. The financial assurance value should be based on the cost of doing the mitigation work, including costs for land acquisition (if applicable), planning and engineering, legal fees, mobilization, construction, and monitoring. For preservation only Bank Sites, no financial assurances will generally be required unless there are specific activities necessary to ensure the successful preservation of resources on the site, in which case appropriate financial assurances may still be required. B. All financial assurances shall be made payable to a standby trust or to a third -party designee, acceptable to the Corps, who agrees to complete the project or provide alternative mitigation. Financial assurances structured to provide funds to the Corps in the event of default by the Bank Sponsor are not acceptable. C. The form and amount of financial assurances must be stated in the Mitigation Plan for each Bank Site in order for the Mitigation Plan to be approved. This must include the name of the specific provider of those assurances and the method by which the financial assurances will be provided in the event that they must be utilized. Original copies of the financial assurance documents must be provided to the DE prior to the initial release of credits. D. A financial assurance must be in the form that ensures that the DE receives notification at least 120 days in advance of any termination or revocation. Section X: Site Protection A. The Sponsor shall grant a Conservation Easement (CE) in a form acceptable to the DE, sufficient to protect the Bank Site(s) in perpetuity. The CE shall be perpetual, preserve all natural areas, and prohibit all uses of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of wetlands or streams within the Bank Site(s), consistent with the Mitigation Plan(s). The purpose of the CE will be to assure that future use of the Bank Site(s) will result in the restoration, protection, maintenance and enhancement of wetland and/or stream functions described in the Mitigation Plan(s). The name and contact information for the Corps approved easement holder and a copy of the CE template will be provided in the Bank Site Mitigation Plans(s). B. The Sponsor shall deliver a title opinion acceptable to the DE covering the Bank Site property. The property shall be free and clear of any encumbrances that would conflict with its use as mitigation, including, but not limited to, any liens that have priority over the recorded CE. C. Subsequent to the recording of the CE, the Sponsor may convey the Bank Site property either in fee or by granting an easement to a qualified land trust, state agency, or other appropriate nonprofit organization approved by the Corps. The Sponsor is responsible for ensuring that the CE is re-recorded so that it remains within the chain of title. The terms and conditions of this conveyance shall not conflict with the intent and provisions of the CE nor shall such conveyance enlarge or modify the uses specified in the easement. The CE must contain a provision requiring 60 day advance notification to the DE before any action is taken to void or modify the CE, including transfer of title to, or establishment of any other legal claims over, the Bank Site. Section XI: Long-term Management A. The Sponsor shall implement the long-term management plan as described in each site- specific Mitigation Plan. The name and contact information for the party responsible for long- term management will be included in all Bank Site Mitigation Plans. B. The long-term management plan will include a list of annual maintenance, monitoring, and/or repair activities for the Bank Site(s), the associated annual cost for each activity, and the required total amount necessary to provide all future site management. The long-term management plan should explain how the funds will be managed and provided to the designated long-term manager (e.g., an endowment managed through a separate account holder). The long- term management plan should include a contingency section that addresses how the responsibility and funding for the long-term site management will be passed on to a new manager in the event that the selected long-term management entity is no longer able to provide for management of the site. Section XII: Default and Closure A. The Sponsor shall establish and/or maintain Bank Sites until (i) credits have been exhausted or banking activity is voluntarily terminated with written notice by the Sponsor provided to the DE and other members of the IRT; and (ii) it has been determined and agreed upon by the DE and IRT that the debited Bank Site has satisfied all the conditions herein and in the associated Bank Site Mitigation Plan. If the DE determines that the Bank Site is not meeting performance standards or complying with the terms of this LIMBI, appropriate action will be taken. Such actions may include, but are not limited to, suspending credit sales, adaptive management, decreasing available credits, utilizing financial assurances, and terminating the instrument. B. Any delay or failure of Sponsor shall not constitute a default hereunder if and to the extent that such delay or failure is primarily caused by any act, event or conditions beyond the Sponsor's reasonable control and significantly adversely affects its ability to perform its obligations hereunder including: (i) acts of God, lightning, earthquake, fire, landslide, or interference by third parties; (ii) condemnation or other taking by any governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof; (iv) any order, judgment, action or determination of any federal, state or local court, administrative agency or government body; or (v) the suspension or interruption of any permit, license, consent, authorization or approval. If the performance of the Sponsor is affected by any such event, Sponsor shall give written notice thereof to the IRT as soon as is reasonably practicable. If such event occurs before the final availability of all credits for sale, the Sponsor shall take remedial action to restore the property to its condition prior to such event, in a manner sufficient to provide adequate mitigation to cover credits that were sold prior to such delay or failure to compensate for impacts to waters, including wetlands, authorized by Department of the Army permits. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by the IRT. C. At the end of the Bank Site monitoring period, upon satisfaction of the performance standards, the Sponsor may submit a request to the DE for Bank Site close out. The DE, in consultation with the IRT, shall use best efforts to review and comment on the request within 60 days of such submittal. If the DE determines the Sponsor has achieved the performance standards in accordance with the Bank Site Mitigation Plan and all obligations under this UMBI, the DE shall issue a close out letter to the Sponsor. Section XIII: Miscellaneous A. Any agency participant may terminate its participation in this agreement with notice in writing to all other parties to this agreement. Termination shall be effective seven (7) days from placing written notices in the United States mail. Member withdrawal shall not affect any prior sale of credits and all remaining parties shall continue to implement and enforce the terms of this UMBI. B. Modification of this UMBI shall be in accordance with the procedures set forth in 332.8 of the mitigation rule. C. No third party shall be deemed a beneficiary hereof and no one except the signatories hereof, their successors and assigns, shall be entitled to seek enforcement hereof. D. This UMBI constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements or undertakings. E. In the event any one or more of the provisions contained in this UMBI are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceablility will not affect any other provisions hereof, and this UMBI shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. F. This UMBI shall be governed by and construed in accordance with the laws of North Carolina and the United States as appropriate. G. This UMBI may be executed by the parties in any combination, in one or more counterparts, all of which together shall constitute but one and the same instrument. H. The terms and conditions of this UMBI shall be binding upon, and inure to the benefit of the parties hereto and their respective successors. I. All notices and required reports shall be sent by regular mail to each of the parties at their respective addresses, provided below. Sponsor: Mr. John Preyer Restoration Systems, LLC President 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Corps: Mr. David Bailey U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 USEPA: Mr. Todd Bowers Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 USFWS: Ms. Kathryn Matthews U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 NCWRC: Ms. Plivia Munzer--------------------------------------------------------------------------------------------------------------------------------- - Deleted: Shari Bryant -------------- North Carolina Wildlife Resources Commission ,Sykes Depot, 2430 Turner Road------------------------------------------------------------------------------------------------------------- . Deleted: P.O. Box 129 ebane, North Carolina 2739 - Deleted: sedaha NCDWR: TBD Division of Water Resources North Carolina Department of Environment and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 NCSHPO State Historic Preservation Office Renee Gledhill -Earley 4617 Mail Service Center 109 E. Jones Street Raleigh, North Carolina 27699-4617 NMFS: Mr. Ken Riley National Marine Fisheries, NOAA Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Deleted: 42-0129 Deleted: /Ms. NCDCM: Mr. Doug Hu et Deleted:.M1s. North Carolina Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Deleted: *Address Morehead City, North Carolina 28557 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The Cape Fear 02 Umbrella Mitigation Bank within the State of North Carolina": Sponsor: M U.S. Army Corps of Engineers: Date: By: Date: IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The Cape Fear 02 Umbrella Mitigation Bank, within the State of North Carolina": U.S. Environmental Protection Agency: By: Date: U.S. Fish and Wildlife Service: By: Date: N.C. Division of Water Resources: By: Date: N.C. Wildlife Resources Commission: By: Date: NC State Historic Preservation Office: By: Date: National Marine Fisheries Service: By: Date N.C. Division of Coastal Management By: Date: 1? List of Appendices Appendix A: Geographic Service Area Map Appendix B: Bank Site Mitigation Plans SAW -2014-00657 UMBI and Mitiiiation Plan Yd Draft Comments Draft LIMBI: 1) Geographic Service Area Map (Appendix A, not included in 3rd Draft): need to ensure that the name of map says "Cape Fear 02 Umbrella Mitigation Bank" rather than "Upper Cape Fear Umbrella Mitigation Bank", to be consistent with UMBI text All Mitigation Plans: 1) Figures 1-5 (not included in 3rd Draft) titles should all be changed to "Cape Fear 02 Umbrella Mitigation Bank" to be consistent with UMBI text; 2) Section 13.0: For consistency in all mitigation plans (already included in Benton Branch Plan), please add the following as a final paragraph in this Section: "In support of NCWHF as the Site's easement holder and long-term manager, the Sponsor will provide a lump sum payment of twenty-five thousand ($25,000) dollars to NCWHF at the time of conservation easement closing, prior to the Site's initial credit release. This payment includes funds to support NCWHF's role as the easement holder ($20,000) and additional funds to support long-term management ($5,000)." 3) Sections 13 (Long Term Management Plan), 14 (Adaptive Management Plan) and 15 (Financial Assurance): Note that your various legal documents have been sent to Corps Office of Counsel for legal review (the LIMBI, CE documents for all 4 sites, Performance Bonds for all 4 sites, Letter confirming the obligee [NC Wildlife Habitat Association, NCWHF]). Benton Branch MB: 1) Figure 6B (not included in 3rd Draft): minor formatting issue - the potential wetland restoration area around the lower pond on UT 2 should have an outline around the hatching. 2) Section 10.3 Pond Removal section: for clarification, and based on our 1/13/2017 discussion, the final two sentences of the 2nd paragraph should be changed to the following: "The final acreage of wetland restoration is expected to be based on the performance standards and monitoring requirements applied to wetlands on the site as described in Section 11. If boundary and wetland acreage modifications are necessary in these areas, changes must be confirmed by IRT members during post mitigation meetings, preferably a year or two after construction to allow for groundwater tables to equilibrate." 3) Section 11.1.1: change "(Specifically UT 1)" to "(Specifically UT 1 and UT 2)"; 07 February 2017 Mr. David Bailey Regulatory Project Manager U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Bailey edits 2/13/20170 Tugwell Edits 2/23/20170 RE: SUBMITAL OF CAPE FEAR 02 UMBRELLA MITIGATION BANK (2014 -SAW - 00657) THIRD DRAFT MITIGATION BANKING INSTRUMENT AND PHASE I BANK SITE MITIGATION PLANS Dear Mr. Bailey: Restoration Systems (Sponsor) is pleased to submit the accompanying third draft of the Umbrella Mitigation Banking Instrument (LIMBI) and its associated Phase I Bank Site Mitigation Plans (Mitigation Plans) for our proposed Cape Fear 02 Umbrella Mitigation Bank (Bank; 2014 -SAW - 00657). As you will notice, the UMBI and the Mitigation Plans were edited according to IRT comments generated from the review of the second drafts provided by the Sponsor in October 2016. Please note that for purposes of review expediency, we have provided electronic redline versions of the UMBI and Mitigation Plans. Please also note that no appendices or figures are provided with this submission. We have revised the figures per the most recent IRT comments; however, as the edits were minor in nature, we have not provided with this submission. Figures and appendices will be submitted as part of the final draft following receipt of your notification to proceed with its preparation. 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492 Summary of Comments on Microsoft Outlook - Memo Style Page: 1 Number: 1 Author: K7RGLDEB Subject: Typewritten Text Date: 2/24/2017 8:59:05 AM Bailey edits 2/13/2017 Number: 2 Author: K7RGLDEB Subject: Typewritten Text Date: 2/24/2017 8:59:09 AM Tugwell Edits 2/23/2017 If you have any questions or require any additional information, please do not hesitate to contact Adam Riggsbee (512-970-3062), Worth Creech (919-389-3888) or me. We look forward to hearing back from you soon regarding our submission. Sincerely, John Preyer President cc: Todd Tugwell, USACE Andrea Hughes, USACE Todd Bowers, EPA Kathy Matthews, USFWS Karen Higgins, NCDWR Sue Homewood, NCDWR Virginia Baker, NCDWR Mac Haupt, NCDWR Travis Wilson, NCWRC Ken Riley, NMFS Doug Huggett, NCDCM Worth Creech, Restoration Systems, LLC Grant Lewis, Axiom Environmental, Inc Adam Riggsbee, RiverBank Conservation, LLC Enclosures (4) 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492 DRAFT UMBI REDLINE VERSION: FEBRUARY 2017 AGREEMENT TO ESTABLISH THE CAPE FEAR 02 UMBRELLA MITIGATION BANK WITHIN THE STATE OF NORTH CAROLINA U.S. Army Corps of Engineers (Corps) approval of this Instrument constitutes the regulatory approval required for the CAPE FEAR 02 UMBRELLA MITIGATION BANK to be used to provide compensatory mitigation for Department of the Army permits pursuant to 33 CFR 332.8(a)(1). This Instrument is not a contract between the Sponsor or Property Owner and Corps or any other agency of the federal government. Any dispute arising under this Instrument will not give rise to any claim by the Sponsor or Property Owner for monetary damages. This provision is controlling notwithstanding any other provision or statement in the Instrument to the contrary. This Umbrella Mitigation Banking Instrument (UMBI) is made and entered into on the day of , 2016, by Restoration Systems, LLC (Sponsor) and the Corps, and each of the following agencies, upon its execution of this UMBI, the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the National Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources Commission (NCWRC), the State Historic Preservation Office (SHPO) and the North Carolina Division of Water Resources (NCDWR). The Corps, together with the State and Federal agencies that execute this UMBI, are hereinafter collectively referred to as the Interagency Review Team (IRT). WHEREAS the purpose of this agreement is to establish an umbrella mitigation bank (Bank) providing compensatory mitigation for unavoidable wetland and/or stream impacts separately authorized by Section 404 Clean Water Act permits and /or Section 10 of the Rivers and Harbors Act permits in appropriate circumstances; WHEREAS the agencies comprising the IRT agree that the Bank Sites are suitable mitigation sites, and that implementation of the Mitigation Plans are likely to result in net gains in wetland and/or stream functions at the Bank Sites, and have therefore approved the Mitigation Plans; THEREFORE, it is mutually agreed among the parties to this agreement that the following provisions are adopted and will be implemented upon signature of this UMBI. Section I: General Provisions A. The Sponsor is responsible for assuring the success of the restoration, enhancement and preservation activities at the Bank Sites, and for the overall operation and management of the Bank. The Sponsor assumes the legal responsibility for providing the compensatory mitigation once a permittee secures credits from the Sponsor and the District Engineer (DE) receives documentation that confirms the Sponsor has accepted responsibility for providing the required compensatory mitigation. B. The goal of the Umbrella Bank is to restore, enhance and preserve perennial and intermittent stream systems, and associated riparian wetland systems, and their functions to compensate in appropriate circumstances for unavoidable wetland and/or stream impacts authorized by Section 404 of the Clean Water Act permits and/or Section 10 of the Rivers and Harbors Act permits in circumstances deemed appropriate by the Corps after consultation, through the permit review process, with members of the IRT. C. Use of credits from the Bank to offset wetland and/or stream impacts authorized by Clean Water Act permits must be in compliance with the Clean Water Act and implementing regulations, including but not limited to the 404(b)(1) Guidelines, the National Environmental Policy Act, and all other applicable Federal and State legislation, rules and regulations. This agreement has been drafted in accordance with the regulations for Compensatory Mitigation for Losses of Aquatic Resources effective June 9, 2008 (33 CFR Parts 325 and 332) (Mitigation Rule). D. The IRT shall be chaired by the DE of the Corps, Wilmington District (District). The IRT shall review documentation for the establishment of Bank Sites. The IRT will also advise the DE in assessing monitoring reports, recommending remedial measures, approving credit releases, and approving modifications to this instrument. The IRT's role and responsibilities are more fully set forth in Sections 332.8 of the Mitigation Rule. The IRT will work to reach consensus on its actions. E. The DE, after consultation with the appropriate Federal and State review agencies through the permit review process, shall make final decisions concerning the amount and type of compensatory mitigation to be required for unavoidable, permitted wetland and/or stream impacts, and whether or not the use of credits from the Bank is appropriate to offset those impacts. In the case of permit applications and compensatory mitigation required solely under the Section 401 Water Quality Certification rules of North Carolina, the NCDWR will determine the amount of credits that can be withdrawn from the Bank. Any credits used to offset impacts solely authorized by Section 401 cannot be used for other impacts authorized under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. F. The parties to this agreement understand that a watershed approach to establish compensatory mitigation must be used to the extent appropriate and practicable. Where practicable, in-kind compensatory mitigation is preferred. Section II: Geographic Service Area The Geographic Service Area (GSA) is the designated area within which the Bank is authorized to provide compensatory mitigation required by DA permits. The GSA for this Bank shall be comprised of all areas contained within the Haw River basin, or Hydrologic Unit Code (HUC) 03030002 in North Carolina (Appendix A). Credits must be used in the same 8 -digit HUC in which they were generated, and credits should be tracked on separate ledgers for each Bank Site. Use of a Bank Site to compensate for impacts beyond the GSA may be considered by the Corps or the permitting agency on a case-by-case basis. Section III: Mitigation Plans Any Mitigation Plan submitted pursuant to this UMBI must contain the information listed in 332.4(c)(2) through (14) of the Compensatory Mitigation Rule. A. The Sponsor will perform work described in all approved Mitigation Plans. B. The Sponsor shall monitor Bank Sites as described in the approved Mitigation Plan(s), until such time as the IRT determines that the performance standards described in the Mitigation Plan(s) have been met. C. Mitigation Plans submitted for inclusion in this bank (Appendix B) must meet the requirements of any District guidance that is current at the time the proposed Bank Site is submitted to the District and determined complete, including any updates made to monitoring requirements, credit releases, long term management, or any other provisions that are required and/or specifically addressed in the Mitigation Plan. The addition of any site to this instrument shall be considered as a modification to this instrument, and processed in accordance with the procedures set forth in the Mitigation Rule. D. Authorized representatives of the IRT agencies will be allowed reasonable access to Bank Site properties for the purposes of inspection and monitoring compliance for all Mitigation Plans associated with this instrument. Section IV: Reporting A. The Sponsor shall submit to the DE, for distribution to each member of the IRT, an annual report describing the current condition of the Bank Sites and the condition of the Bank Sites in relation to the performance standards in the Mitigation Plan(s). The Sponsor shall provide to the DE any monitoring reports described in the Mitigation Plan(s). B. As part of each annual monitoring report, the Sponsor shall also provide ledger reports documenting credit transactions as described in Section VIII of this UMBI. C. Each time an approved credit transaction occurs, the Sponsor shall provide notification to the DE within 30 days of the transaction. This notification shall consist of a summary of the transaction and a full ledger report reflecting the changes from the transaction. Additionally, signed copies of the Compensatory Mitigation Transfer of Responsibility Form shall be submitted to the Corps Project Manager for the permit and the Corps Bank Manager for the Bank Site. Section V: Remedial Action A. The DE shall review the monitoring reports, as required in the Mitigation Plan(s), and may, at any time, after consultation with the Sponsor and the IRT, direct the Sponsor to take remedial action at the Bank Site(s). Remedial action(s) required by the DE shall be designed to achieve the performance standards as specified in the Mitigation Plan(s). All remedial actions required under this section shall include a work schedule and monitoring criteria that will take into account physical and climactic conditions. The Sponsor shall implement any remedial measures required pursuant to the above. C. In the event the Sponsor determines that remedial action may be necessary to achieve the required performance standards, it shall provide notice of such proposed remedial action to all members of the IRT. No remedial actions shall be taken without the concurrence of the DE, in consultation with the IRT. Section VI: Use of Mitigation Credits A. Description of credit classifications and provisions pertaining to the use of those credits shall be provided in the Mitigation Plan(s) to be included in this Bank. Credit classifications (e.g., cold water stream, cool water stream, warm water stream, coastal wetlands, non -riparian wetlands, riparian non-riverine wetlands, and riparian riverine wetlands) will be in accordance with current District guidance at the time the Mitigation Plan is submitted to the District. In general, these classifications will be used to determine if a particular credit qualifies as "In - Kind" mitigation. Exceptions to the use of "In -Kind" mitigation may be allowed at the discretion of the permitting agencies on a case-by-case basis. B. Wetland and stream compensation ratios are determined by the DE on a case-by-case basis based on considerations of functions of the wetlands and/or streams impacted, the severity of the wetland and/or stream impacts, the relative age of the Bank Site, whether the compensatory mitigation is in-kind, and the physical proximity of the wetland and/or stream impacts to the Bank Site. C. Notwithstanding the above, all decisions concerning the appropriateness of using credits from the Bank Sites to offset impacts to waters and wetlands, as well as all decisions concerning the amount and type of such credits to be used to offset wetland and stream impacts authorized by Department of the Army permits, shall be made by the DE, pursuant to Section 404 of the Clean Water Act and implementing regulations and guidance. These decisions may include notice to and consultation with the members of the IRT through the permit review process if the DE determines this to be appropriate given the scope and nature of the impact. Section VII: Credit Release Schedule A. All credit releases must be approved in writing by the DE, following consultation with the IRT, based on a determination that required performance standards have been achieved. B. A credit release schedule shall be provided in the site-specific Mitigation Plan(s) that are included in the Bank. The credit release schedule will list all of the proposed credit releases and any performance standards associated with those releases. C. In general, the initial allocation of credits from any site included as part of this bank shall be available for sale only after the completion of all of the following: 1. Execution of this LIMBI by the Sponsor, the DE, and other agencies eligible for membership in the IRT who choose to execute this LIMBI, to include the approval of any modifications to this agreement when new sites are added to it; 2. Approval of a final Mitigation Plan(s); 3. Confirmation that the Bank Site(s) have been secured; 4. Delivery of executed financial assurances as specified in the site-specific Mitigation Plan(s); 5. Delivery of a copy of the recorded long-term protection mechanism as described in the site-specific Mitigation Plan(s), 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(s). The Sponsor must initiate construction of the physical and biological improvements proposed in the approved Mitigation Plans no later than the end of the first full growing season following the initial sale of credits from each Bank Site. This provision does not apply to preservation -only sites that do not include any physical or biological improvements. Subject to the Sponsor's continued satisfactory completion of all required performance standards and monitoring, additional restoration mitigation credits will be available for sale by the Sponsor as specified in the final Bank Site Mitigation Plan(s). Section VIIL• Accounting Procedures A. The Sponsor shall develop accounting procedures acceptable to the DE for maintaining accurate records of debits made from the Bank Sites. Such procedures shall include the generation of a ledger for each Bank Site, by the Sponsor, detailing credits used at the time they are debited from the Bank. All ledger reports shall identify credits debited and remaining by type of credit and shall include for each reported debit the Corps ORM ID number for the DA permit for which the credits were utilized and the permitted impacts for each resource type. B. Each time an approved credit transaction occurs, the Sponsor shall notify the DE within 30 days of the transaction with a summary of the transaction and a full ledger report showing the changes made. Signed copies of the Transfer of Mitigation Responsibility form shall also be submitted to the Corps permit Project Manager and the Corps Bank Manager for the Bank Site. C. The Sponsor shall prepare an annual ledger report, on each anniversary of the date of execution of this agreement, showing all credits used, any changes in credit availability (e.g., additional credits released, credit sales, suspended credits, etc.), and the beginning and ending balance of remaining credits. The Sponsor shall submit the annual report to the DE, for distribution to each member of the IRT, until such time as all of the credits have been utilized, or this agreement is otherwise terminated. Section IX: Financial Assurances A. Financial assurances for the Bank Sites will be detailed in the site-specific Mitigation Plan(s). The Sponsor shall provide financial assurances in a form acceptable to the DE, sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required pursuant to this LIMBI. The financial assurance value should be based on the cost of doing the mitigation work, including costs for land acquisition (if applicable), planning and engineering, legal fees, mobilization, construction, and monitoring. For preservation only Bank Sites, no financial assurances will generally be required unless there are specific activities necessary to ensure the successful preservation of resources on the site, in which case appropriate financial assurances may still be required. B. All financial assurances shall be made payable to a standby trust or to a third -party designee, acceptable to the Corps, who agrees to complete the project or provide alternative mitigation. Financial assurances structured to provide funds to the Corps in the event of default by the Bank Sponsor are not acceptable. C. The form and amount of financial assurances must be stated in the Mitigation Plan for each Bank Site in order for the Mitigation Plan to be approved. This must include the name of the specific provider of those assurances and the method by which the financial assurances will be provided in the event that they must be utilized. Original copies of the financial assurance documents must be provided to the DE prior to the initial release of credits. D. A financial assurance must be in the form that ensures that the DE receives notification at least 120 days in advance of any termination or revocation. Section X: Site Protection A. The Sponsor shall grant a Conservation Easement (CE) in a form acceptable to the DE, sufficient to protect the Bank Site(s) in perpetuity. The CE shall be perpetual, preserve all natural areas, and prohibit all uses of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of wetlands or streams within the Bank Site(s), consistent with the Mitigation Plan(s). The purpose of the CE will be to assure that future use of the Bank Site(s) will result in the restoration, protection, maintenance and enhancement of wetland and/or stream functions described in the Mitigation Plan(s). The name and contact information for the Corps approved easement holder and a copy of the CE template will be provided in the Bank Site Mitigation Plans(s). B. The Sponsor shall deliver a title opinion acceptable to the DE covering the Bank Site property. The property shall be free and clear of any encumbrances that would conflict with its use as mitigation, including, but not limited to, any liens that have priority over the recorded CE. C. Subsequent to the recording of the CE, the Sponsor may convey the Bank Site property either in fee or by granting an easement to a qualified land trust, state agency, or other appropriate nonprofit organization approved by the Corps. The Sponsor is responsible for ensuring that the CE is re-recorded so that it remains within the chain of title. The terms and conditions of this conveyance shall not conflict with the intent and provisions of the CE nor shall such conveyance enlarge or modify the uses specified in the easement. The CE must contain a provision requiring 60 day advance notification to the DE before any action is taken to void or modify the CE, including transfer of title to, or establishment of any other legal claims over, the Bank Site. Section XI: Long-term Management A. The Sponsor shall implement the long-term management plan as described in each site- specific Mitigation Plan. The name and contact information for the party responsible for long- term management will be included in all Bank Site Mitigation Plans. B. The long -tern management plan will include a list of annual maintenance, monitoring, and/or repair activities for the Bank Site(s), the associated annual cost for each activity, and the required total amount necessary to provide all future site management. The long-term management plan should explain how the funds will be managed and provided to the designated long-term manager (e.g., an endowment managed through a separate account holder). The long- term management plan should include a contingency section that addresses how the responsibility and funding for the long-term site management will be passed on to a new manager in the event that the selected long-term management entity is no longer able to provide for management of the site. Section XII: Default and Closure A. The Sponsor shall establish and/or maintain Bank Sites until (i) credits have been exhausted or banking activity is voluntarily terminated with written notice by the Sponsor provided to the DE and other members of the IRT; and (ii) it has been determined and agreed upon by the DE and IRT that the debited Bank Site has satisfied all the conditions herein and in the associated Bank Site Mitigation Plan. If the DE determines that the Bank Site is not meeting performance standards or complying with the terms of this LIMBI, appropriate action will be taken. Such actions may include, but are not limited to, suspending credit sales, adaptive management, decreasing available credits, utilizing financial assurances, and terminating the instrument. B. Any delay or failure of Sponsor shall not constitute a default hereunder if and to the extent that such delay or failure is primarily caused by any act, event or conditions beyond the Sponsor's reasonable control and significantly adversely affects its ability to perform its obligations hereunder including: (i) acts of God, lightning, earthquake, fire, landslide, or interference by third parties; (ii) condemnation or other taking by any governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof, (iv) any order, judgment, action or determination of any federal, state or local court, administrative agency or government body; or (v) the suspension or interruption of any permit, license, consent, authorization or approval. If the performance of the Sponsor is affected by any such event, Sponsor shall give written notice thereof to the IRT as soon as is reasonably practicable. If such event occurs before the final availability of all credits for sale, the Sponsor shall take remedial action to restore the property to its condition prior to such event, in a manner sufficient to provide adequate mitigation to cover credits that were sold prior to such delay or failure to compensate for impacts to waters, including wetlands, authorized by Department of the Army permits. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by the IRT. C. At the end of the Bank Site monitoring period, upon satisfaction of the performance standards, the Sponsor may submit a request to the DE for Bank Site close out. The DE, in consultation with the IRT, shall use best efforts to review and comment on the request within 60 days of such submittal. If the DE determines the Sponsor has achieved the performance standards in accordance with the Bank Site Mitigation Plan and all obligations under this UMBI, the DE shall issue a close out letter to the Sponsor. Section XIII: Miscellaneous A. Any agency participant may terminate its participation in this agreement with notice in writing to all other parties to this agreement. Termination shall be effective seven (7) days from placing written notices in the United States mail. Member withdrawal shall not affect any prior sale of credits and all remaining parties shall continue to implement and enforce the terms of this UMBI. B. Modification of this UMBI shall be in accordance with the procedures set forth in 332.8 of the mitigation rule. C. No third party shall be deemed a beneficiary hereof and no one except the signatories hereof, their successors and assigns, shall be entitled to seek enforcement hereof. D. This UMBI constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements or undertakings. E. In the event any one or more of the provisions contained in this UMBI are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceablility will not affect any other provisions hereof, and this UMBI shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. F. This UMBI shall be governed by and construed in accordance with the laws of North Carolina and the United States as appropriate. G. This UMBI may be executed by the parties in any combination, in one or more counterparts, all of which together shall constitute but one and the same instrument. H. The terms and conditions of this UMBI shall be binding upon, and inure to the benefit of the parties hereto and their respective successors. I. All notices and required reports shall be sent by regular mail to each of the parties at their respective addresses, provided below. Sponsor: Mr. John Preyer Restoration Systems, LLC President 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Corps: Mr. David Bailey U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 USEPA: Mr. Todd Bowers Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 USFWS: Ms. Kathryn Matthews U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 NCWRC: Ms. ,Qlivia Munzer ------------------------------ - - - ---------- - - - --- North Carolina Wildlife Resources Commission 4ykes Depot, 2430 Turner Road ------------------------------------------- ,Mebane, North Carolina73 2 NCDWR: TBD Division of Water Resources North Carolina Department of Environment and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 NCSHPO State Historic Preservation Office Renee Gledhill -Earley 4617 Mail Service Center 109 E. Jones Street Raleigh, North Carolina 27699-4617 NMFS: Mr. Ken Riley National Marine Fisheries, NOAA Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Deleted: Shari Bryant Deleted: P.O. Box 129 ------------------------------------------- " Deleted: Sedalia ---------------------------------------------- I ------------------------------------------Deleted: 42-0129 Deleted: /Ms. NCDCM: Mr. Doug Huggett Deleted: .[Ms. North Carolina Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Deleted: *Address Morehead City, North Carolina 28557 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The Cape Fear 02 Umbrella Mitigation Bank within the State of North Carolina": Sponsor: M U.S. Army Corps of Engineers: Date: By: Date: IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The Cape Fear 02 Umbrella Mitigation Bank, within the State of North Carolina": U.S. Environmental Protection Agency: By: Date: U.S. Fish and Wildlife Service: By: Date: N.C. Division of Water Resources: By: Date: N.C. Wildlife Resources Commission: By: Date: NC State Historic Preservation Office: By: Date: National Marine Fisheries Service: By: Date: N.C. Division of Coastal Management By: Date: 12 List of Appendices Appendix A: Ileographic Service Area Map Appendix B: Bank Site Mitigation Plans Page: 15 i Number: 1 Author: K7RGLDEB Subject: Comment on Text Date: 2/13/2017 2:53:46 PM In final submission, need to see updated map ensuring that the name says "Cape Fear 02 Umbrella Mitigation Bank" DRAFT BANK SITE MITIGATION PLAN CAPE FEAR 02 UMBRELLA MITIGATION BANK DEVELOPED THROUGH RESTORATION AND ENHANCEMENT OF THE ROCKY TOP BANK SITE Alamance County, North Carolina Axiom Environmental, Inc PREPARED BY: RESTORATION SYSTEMS, LLC 1101 HAYNES STREET, SUITE 211 RALEIGH, NORTH CAROLINA 27604 AND AXIOM ENVIRONMENTAL, INC. 218 SNOW AVENUE RALEIGH, NORTH CAROLINA 27603 YEBRUARY 2017--- Deleted: OCTOBER 2016 ____- _Section Break (Continuous) EXECUTIVE SUMMARY Restoration Systems, LLC proposes the Rocky Top Bank Site Mitigation Plan for inclusion into the Cape Fear 02 Umbrella Mitigation Bank. Phase I of the Cape Fear 02 Umbrella Mitigation Bank includes the proposed restoration and enhancement of four stream and wetland mitigation sites in the Haw River basin, which is also referred to as the Cape Fear 02 watershed. The Phase I Bank Sites (Bank Sites) are comprised of the following: 1) Motes Creek in Alamance County, 2) Benton Branch in Caswell County, 3) Orphan Creek in Alamance County, and 4) Rocky Top in Alamance County (Figures 1 and 2). This detailed Bank Site Mitigation Plan describes the Rocky Top Bank Site (hereafter referred to as the "Site"), located approximately 6 miles southwest of Saxapahaw and 2 miles east of Snow Camp, NC. The Site encompasses 5 acres of land located 2,600 feet northeast of the intersection of Major Hill Road and Holman Mill Road (Figure 3). Directions to the Site from Snow Camp are as follows. From Snow Camp Take E. Greensboro Chapel Hill Rd. east — 1.5 miles Turn right on Holman Mill Rd. — 1.4 miles Site is on the left. Access Site at gate located 0.5 mile down Major Hill Rd. Landowner permission required to access Site. Site Coordinates: 35.886642, -79.388262 The Site is characterized by disturbed forest, hay fields, and livestock pasture. Riparian zones are primarily composed of disturbed forest. Forest areas are accessible to livestock and have a thin understory with compacted soils. Multiple, active springs are located along the margins of the stream. These areas have primarily been cleared of forest vegetation and are characterized by herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land management activities. Currently, the Site includes approximately 1,214 linear feet of perennial and intermittent streams characterized by ditched channels, channel incision, and bank failure due to livestock trampling and agriculture practices. In addition, Site floodplains are characterized by 0.5 acre of hydric soil (0.3 acre of disturbed wetland and 0.2 acre of drained hydric soil). The main hydrologic features include two unnamed tributaries (UT) to Reedy Branch and adjacent floodplains. Existing Site reaches are classified as entrenched and/or incised G -type or F -type channels with little to no riffle -pool morphology, oversized channel cross-sectional areas, and no access to floodplains during high discharge events (BHR range > 2). Stream and wetland mitigation activities at the Site involve Stream Restoration, Stream Enhancement (Level II), Wetland Restoration, and Wetland Enhancement. Stream and wetland mitigation are expected to result in approximately 1,273 linear feet of stream channels and 0.5 acres of jurisdictional wetlands, which will generate 1007 Stream Mitigation Units and 0.35 Riparian Wetland Mitigation Units. Rocky Top Bank Site Mitigation Plan Executive Summary page i Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC TABLE OF CONTENTS EXECUTIVE SUMMARY.............................................................................................................I 1.0 INTRODUCTION.....................................................................................................................1 2.0 0 JECTIVES............................................................................................................................2 2.1 SITE SPECIFIC MITIGATION GOALS............................................................................................3 3.0 WATERSHED APPROACH.......................................................................................................7 3.1 ANK SITE SELECTION............................................................................................................7 4.0 ANK SITE PROTECTION........................................................................................................9 5.0 REFERENCE STUDIES..............................................................................................................9 5.1 CHANNEL CLASSIFICATION....................................................................................................10 5.2 REFERENCE FOREST ECOSYSTEM............................................................................................11 6.0 ASELINE INFORMATION....................................................................................................12 6.1 EXISTING CONDITIONS.........................................................................................................13 7.0 CHANNELSTA ILITYASSESSMENT......................................................................................16 7.1 STREAM POWER.................................................................................................................16 7.2 SHEAR STRESS....................................................................................................................1_7 -_._ " Deleted: 16 7.3 STREAM POWER AND SHEAR STRESS METHODS AND RESULTS.....................................................18 7.4 ANKFULL VERIFICATION ......................................................................................................19 8.0 POTENTIAL CONSTRAINTS...................................................................................................20 8.1 SITE ACCESS...................................................................................................................... 21 8.2 UTILITIES..........................................................................................................................21 8.3 FEMA/HYDROLOGIcTRESPASS.............................................................................................21 8.4 FEDERALLY PROTECTED SPECIES.............................................................................................21 8.5 STATE LISTED SPECIES..........................................................................................................21 9.0 CREDIT DETERMINATION AND RELEASE..............................................................................22 9.1 CREDIT DETERMINATION......................................................................................................22 9.2 STREAM CREDIT RELEASE SCHEDULE.......................................................................................23 9.3 WETLAND CREDIT RELEASE SCHEDULE....................................................................................25 10.0 MITIGATION WORK PLAN..................................................................................................26 10.1 RESTORATION PROJECT GOALS AND 0 JECTIVES.......................................................................26 10.2 STREAM AND WETLAND DESIGN............................................................................................ 2�6 ...- Deleted: 27 10.3 STREAM RESTORATION........................................................................................................27 10.4 STREAM ENHANCEMENT LEVEL I ................................................. ERROR! OOKMARK NOT DEFINED --_" Deleted: 29 10.5 STREAM ENHANCEMENT LEVEL II........................................................................................... _ - Deleted: 29 10.6 WETLAND RESTORATION AND ENHANCEMENT..........................................................................29 10.7 PLANT COMMUNITY RESTORATION........................................................................................30 10.8 PLANTING PLAN.................................................................................................................330 .-__----- Deleted: 31 10.9 NUISANCE SPECIES MANAGEMENT.........................................................................................33 10.10 SOIL MANAGEMENT AND EROSION CONTROL MEASURES...........................................................33 11.0 PERFORMANCE STANDARDS AND MONITORING REQUIRMENTS.....................................33 11.1 STREAMS..........................................................................................................................35 11.2 WETLANDS........................................................................................................................36 11.3 VEGETATION......................................................................................................................37 ,..--" Deleted: 36 11.4 MACROINVERTE RATES.......................................................................................................37 12.0 MAINTENANCE AND CONTINGENCY PLAN........................................................................37 12.1 VEGETATION...................................................................................................................... Deleted: 37 Rocky Top Bank Site Mitigation Plan Table of Contents page i Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 12.2 STREAMS.......................................................................................................................... ,. - "" Deleted: 37 12.3 WETLAND HYDROLOGY........................................................................................................ ... Deleted: 38 12.4 SITE OUNDARIES............................................................................................................... 3�9 ,-. Deleted: 3E 12.5 TERRACELL DROP STRUCTURES..............................................................................................39 13.0 LONG-TERM MANAGEMENT PLAN...................................................................................39 14.0 ADAPTIVE MANAGEMENT PLAN.......................................................................................� ...--=" Deleted: 39 15.0 FINANCIAL ASSURANCES...................................................................................................40 15.1 IMPLEMENTATION ASSURANCE..............................................................................................40 15.2 MAINTENANCE AND MONITORING ASSURANCE........................................................................ _: -=' Deleted: 40 15.3 OTHER FINANCIAL ASSURANCE REQUIREMENTS........................................................................ _. = Deleted: 40 16.0 CONCLUSIONS....................................................................................................................,._ Deleted: as 17.0 REFERENCES......................................................................................................................4 __-j Deleted: 41 APPENDICES Appendix A. Jurisdictional Determination Appendix B: Bank Site Conservation Easement Template Appendix C. Morphology Tables and Existing Conditions Stream Data Appendix D. Flood Frequency Analysis Appendix E. Preconstruction Benthic Macroinvertebrate Data Appendix F. Draft Financial Assurance LIST OF FIGURES L[gure 1. Bank Site Locations Map Figure 2. Bank Hydrologic Unit Map Figure 3. Rocky Top Site Location Figure 4. Topography and Drainage Area Figure 5. Existing Conditions and Soils Figure 6. Restoration Plan Figure 7. Proposed Dimension Pattern and Profile Figure 8A -8B. Typical Structure Details Figure 9. Planting Plan Figure 10. Monitoring Plan Figure C1. Rocky Top Cross-section Locations Figure E1. Rocky Top Benthic Sample Locations Rocky Top Bank Site Mitigation Plan Table of Contents page ii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page: 19 i Number: 1 Author: K7RGLDEB Subject: Comment on Text Date: 2/13/2017 3:27:33 PM In final submission, need to see updated figures ensuring that the titles say "Cape Fear 02 Umbrella Mitigation Bank" LIST OF TABLES Table 1. Rocky Top Bank Site Credit Summary.....................................................................................2 Table 2A. Hydrological Functional Objectives and Proposed Actions..................................................2 Table 2B. Water Quality Functional Objectives and Proposed Actions................................................3 Table 2C. Habitat Functional Objectives and Proposed Actions...........................................................3 Table 3A. Rocky Top Bank Site NC SAM Summary..............................................................................4 Table 3B. Rocky Top Bank Site NC WAM Summary............................................................................5 Table 3C. Functional Goals/Objectives and Corresponding Mitigation Work Plan Components ..... 6 Table 3D. Mitigation Activities and Credit Potential Summary............................................................7 Table 4. Population Growth in Cape Fear 02..........................................................................................9 Table5. Watershed Stressors.....................................................................................................................9 Table 6. Reference Bankfull Cross -Sectional Area................................................................................10 Table7. Reference Forest Ecosystem......................................................................................................11 Table8. Soils..............................................................................................................................................14 Table 9. Existing Stream Characteristics...............................................................................................14 Table 10. Stream Power (Q) and Shear Stress (i) Values.....................................................................18 Table 11. Reference Reach Bankfull Discharge Analysis......................................................................20 Table12. Federal Species of Concern.....................................................................................................22 Table 13. Reach -by -Reach Credit Determination Summary................................................................22 Table 14. Mitigation Activity and Credit Determination Summary....................................................22 Table 15. Stream Credit Release Schedule.............................................................................................24 Table 16. Wetland Credit Release Schedule...........................................................................................25 Table 17. Anticipated Construction Timing and Sequencing...............................................................26 Table 18. Mitigation Activity Totals........................................................................................................27 Table19. Planting Plan............................................................................................................................32 Table 20. Functional Goal/Objectives and Performance Standards....................................................34 Table 21. Monitoring Schedule................................................................................................................35 Table C -Reference. Reference Reach Morphological Stream Characteristics ........................... Appendix C Table Cl. Rocky Top Morphological Stream Characteristics.................................................... Appendix C Rocky Top Bank Site Mitigation Plan Table of Contents page iii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC DRAFT BANK SITE MITIGATION PLAN CAPE FEAR 02 UMBRELLA MITIGATION BANK RESTORATION AND ENHANCEMENT OF THE ROCKY TOP BANK SITE Alamance County, North Carolina 1.0 INTRODUCTION Restoration Systems, LLC (the Sponsor) is pleased to propose the Rocky Top Mitigation Bank Site (hereafter referred to as the "Site") for inclusion into the Cape Fear 02 Umbrella Mitigation Bank (the Bank). The Site is located approximately 6 miles southwest of Saxapahaw and 2 miles east of Snow Camp. The Site encompasses 5 acres of land located 2,600 feet northeast of the intersection of Major Hill Road and Holman Mill Road (Figure 3). Directions to the Site from Snow Camp are as follows. From Snow Camp Take E. Greensboro Chapel Hill Rd. east — 1.5 miles Turn right on Holman Mill Rd. — 1.4 miles Site is on the left. Access Site at gate located 0.5 mile down Major Hill Rd. Landowner permission required to access Site. Site Coordinates: 35.886642, -79.388262 The Site is characterized by disturbed forest, hay fields, and livestock pasture. Riparian zones are primarily composed of disturbed forest. Forest areas are accessible to livestock and have a thin understory with compacted soils. Multiple, active springs are located along the margins of the stream. These areas have primarily been cleared of forest vegetation and are characterized by herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land management activities. Currently, the Site includes approximately 1,214 linear feet of perennial and intermittent streams characterized by ditched channels, channel incision, and bank failure due to livestock trampling and agriculture practices. In addition, Site floodplains are characterized by 0.5 acre of hydric soil (0.3 acre of disturbed wetland and 0.2 acre of drained hydric soil). The main hydrologic features include two unnamed tributaries (UT) to Reedy Branch and adjacent floodplains. Existing Site reaches are classified as entrenched and/or incised G -type or F -type channels with little to no riffle -pool morphology, oversized channel cross-sectional areas, and no access to floodplains during high discharge events (BHR range > 2). Unnamed Tributary (UT) 2 originates from a springhead and has been ditched along the margins of the floodplain, resulting in a sinuosity of 1.02. UT 1 retains a reasonable sinuosity (approximately 1.2); however, the loss of forest vegetation and hoof shear has destabilized some outer bends, resulting in a loss of pattern including tight meander radii, shoot cutoffs, extended pools, and a loss of suitable channel substrate. Rocky Top Bank Site Mitigation Plan page 1 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Stream and wetland mitigation activities at the Site involve Stream Restoration, Stream Enhancement (Level II), Wetland Restoration, and Wetland Enhancement. Stream and wetland mitigation are expected to result in approximately 1,273 linear feet of stream channels and 0.5 acres of jurisdictional wetlands which will generate 1,007 Stream Mitigation Units and 0.35 Riparian Wetland Mitigation Units. Table 1. Rockv Too Bank Site Credit Site Hydro Mitigation Activity Wetland Credit Potential Stream Credit Status* (WMUs) Potential (SMUs) Rocky Top Perennial* Restoration, 0.35 1,007 Enhancement *Note: Perennial and Intermittent stream calls have not been approved by the NC Division of Water Resources and Hydrologic status is for descriptive purposes only. The Site is located in the Haw River basin, or Cape Fear 02 Hydrological Unit Code (HUC) 03030002. 2.0 OBJECTIVES Proposed mitigation activities include Stream Restoration, Enhancement Level II, Wetland Restoration, and Wetland Enhancement. Tables 2A -2C summarize the overall project goals/objectives and proposed actions to accomplish such goals and objectives, which address the needs of the Site's watershed and general geographic area (see Sections 3.1 and 10.1 for further discussion). Table 2A. Hydrological Functional Objectives and Proposed Actions Hydrological Improvement Objectives Proposed Actions Floodplain Connectivity Reconnect channels with historic floodplains Floodplain Resistance Plant woody riparian buffers; increase microtopography Stream Stability & Reconstruct stream channels, sized to convey bankfull Sediment Transport discharges and watershed sediment supplies Channels constructed or raised to historic floodplain Surface and Subsurface Storage and elevations; increased floodplain hydraulic resistance Retention by planting woody vegetation and increasing microtopography Deleted: _ (Remainder of'page intentionally left blank) Rocky Top Bank Site Mitigation Plan page 2 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 2B. Water Quality Functional Objectives and Proposed Actions Water Quality Improvement Objectives Proposed Actions Cattle exclusion and/or cessation of agricultural Remove Pollutant Sources practices Plant woody riparian buffers; construct marsh Upland Pollutant Filtration treatment features intercepting overland flows Increase floodplain connectivity; plant woody Floodplain Biogeochemical Processing riparian buffers; increase microtopography; construct marsh treatment areas Thermal Regulation Plant woody riparian buffers to provide shade Table 2C. Habitat Functional Objectives and Proposed Actions Habitat Functional Improvement Objectives Proposed Actions Construct stable channels, geomorphology designed In -channel Habitat to increase hydraulic and bedform habitat heterogeneity Plant native, woody riparian buffers providing Riparian Habitat and Structure foraging, nesting, and cover for terrestrial species as well as refugia for aquatic species 2.1 SITE SPECIFIC MITIGATION GOALS Site specific mitigation goals and objectives have been developed through the use of functional assessment analyses of existing stream and wetland systems at the Site. Functional assessment methods include NC Stream Assessment Method (NC SAM) and NC Wetland Assessment Method (NC WAM). These methodologies rate functional metrics for streams and wetlands as high, medium, or low based on field data collected on forms and transferred into a rating calculator. Using Boolean logic, the rating calculator assigns a high, medium, or low value for each metric and overall function of the stream or wetland area. 2.1.1 Mitigation Goals Mitigation goals and objectives proposed for the Site are based on functional metrics identified by the NC SAM and NC WAM rating calculator. Functional metrics have been developed by regulatory agencies and are summarized in Tables 3A and 3B. Site functional assessment data forms are included in Appendix A (JD Package). Rocky Top Bank Site Mitigation Plan page 3 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Mitigation activities include Stream Restoration, Stream Enhancement (Level II), and Wetland Enhancement. Tables 3A and 313 summarize the NC SAM and NC WAM metrics targeted and the corresponding mitigation activities proposed to provide functional uplift. Metrics targeted to meet the Site's goals and objectives are depicted in bold in. Table 3A. Rockv Too Bank Site NC SAM Summa NC SAM Function Class Rating Summary UT 1 (EII) UT 1 (REST) (1) HYDROLOGY MED LOW (2) Baseflow MED MED (2) Flood Flow MED MED (3) Streamside Area Attenuation MED MED (4) Floodplain Access MED MED (4) Wooded Riparian Buffer MED MED (4) Microtopography NA LOW (3) Stream Stability MED LOW (4) Channel Stability HIGH LOW (4) Sediment Transport LOW LOW (4) Stream Geomorophology MED MED (1) WATER QUALITY LOW LOW (2) Baseflow MED MED (2) Stream -side Area Vegetation LOW LOW (3) Upland Pollutant Filtration LOW LOW (3) Thermoregulation MED MED (2) Indicators of Stressors YES YES (2) Aquatic Life Tolerence LOW LOW (1) HABIT MED LOW (2) In -stream Habitat LOW LOW (3) Baseflow MED MED (3) Substrate LOW LOW (3) Stream Stability MED LOW (3) In -Stream Habitat LOW LOW (2) Stream -side Habitat HIGH LOW (3) Stream -side Habitat HIGH LOW (3) Thermoregulation MED MED OVERALL MED LOW (Remainder of page intentionally left blank) Rocky Top Bank Site Mitigation Plan page 4 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 3B. Rocky Top Bank Site NC WAM Summary NC WAM Sub -function Rating Summary UT 1,2 Wetland Type HF (1) HYDROLOGY to (2) Surface Storage & Retention LOW (2) Sub -surface Storage and LOW Retention (1) WATER QUALITY LO (2) Pathogen change LOW (2) Particulate Change LOW (2) Soluble change LOW (2) Physical Change LOW (1) HABITAT LOW (2) Physical Structure LOW (2) Landscape Patch Structure LOW (2) Vegetative Composition LOW OVERALL LOW Wetland Type - HF (Hardwood Forest) Wetland ID - See JD mapping for locations of Wetlands (Remainder ofpage intentionally left blank) Rocky Top Bank Site Mitigation Plan page 5 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 3C. Functional Goals/Objectives and Corresponding Mitigation Work Plan Components Functional Goals/Objectives Mitigation Work Plan Component tl1 Hvdrnlnov (1) Water Oualitv (2) Stream -side Area Vegetation Deep rip floodplain soils to reduce compaction and increase (4)Microtopography soil surface roughness (3) Stream Stability Providing proper channel width, depth, pattern, and profile to (4) Channel Stability adequately move appropriate sediment loads; stabilizing (2) Aquatic Life Tolerance channel banks; providing gravel/cobble substrate; and (4) Sediment Transport planting a woody riparian buffer (2) Particulate Change Building a new channel at the historic floodplain elevation (2) Surface Storage and Retention restoring overbank flows, removing cattle, scarifying (2) Physical Change compacted soils, and planting woody vegetation (2) Subsurface Storage and Retention Removing cattle, ripping compacted soils, and planting a (2) Vegetative Composition woody riparian buffer (1) Water Oualitv (2) Stream -side Area Vegetation Building a stable channel with a cobble/gravel bed and (3) Upland Pollutant Filtration Planting a native, woody riparian buffer (2) Indicators of Stressors Removing cattle and other agricultural inputs (3) Stream Stability Building a stable channel with a cobble/gravel bed and (2) Aquatic Life Tolerance planting a woody riparian buffer (2) Pathogen Change Raising the stream bed elevation, restoring overbank flows, (2) Particulate Change ripping soils, planting with woody vegetation, removing (2) Soluble Change cattle, increasing surface storage and retention, and restoring (2) Physical Change appropriate inundation/duration (1) Habitat (2) In -stream Habitat Building a stable channel with a cobble/gravel bed and planting a woody riparian buffer (3) Substrate Providing proper channel width, depth, pattern, and profile to F (3) Stream Stability adequately move appropriate sediment loads; stabilizing (3) In -stream Habitat channel banks; and providing gravel/cobble substrate (2) Stream -side Habitat Planting a woody riparian buffer (2) Physical Structure Building a stable channel with a cobble/gravel bed and planting a woody riparian buffer (2) Landscape Patch Structure Provide wooded, riparian corridors through agricultural areas for wildlife passage (2) Vegetative Composition Planting a woody riparian buffer Site mitigation activities, anticipated final stream lengths, wetland areas, and applicable mitigation ratios are depicted in Table 3D. (Remainder ofpage intentionally left blank) Rocky Top Bank Site Mitigation Plan page 6 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC ------ Formatted Table Table 31). Mitigation Activities and Credit Potential Summary Mitigation Activity Proposed Mitigation Streams Wetlands (linear feet) (acres) Mitigation Ratio Credit Potential SMUs WMUs Stream Restoration 830 1:1 830 Stream Enhancement I Stream Enhancement lI 443 2.5:1 177 Wetland Restoration 0.2 1:1 0.2 Wetland Enhancement 0.3 2:1 0.15 Totals 1,273 0.5 1,007 0.35 3.0 WATERSHED APPROACH 3.1 BANK SITE SELECTION The Cape Fear River basin is one of four rivers in North Carolina completely contained within the state's boundaries. Comprised of five major drainages—Haw River, Deep River, Northeast Cape Fear River, Black River, and the Cape Fear River—the basin drains portions of 26 counties and 115 municipalities with a total of 6,386 stream miles. The most populated portions of the basin are located in the Triad, the Triangle, Fayetteville, and Wilmington (NCDWQ 2005). Primary considerations for Site selection included the potential for improvement of water quality within a region of North Carolina under heavy development and livestock/agricultural pressure. More specifically, considerations included desired aquatic resource functions; hydrologic conditions; soil characteristics; aquatic habitat diversity; habitat connectivity; compatibility with adjacent land uses; reasonably foreseeable effects the mitigation project will have on ecologically important aquatic and terrestrial resources; and potential development trends and land use changes. Site specific characteristics are summarized below, in addition to development trends and land use changes within the Cape Fear 02 watershed. Currently, the proposed Site is characterized by disturbed forest and agricultural land used for livestock grazing and hay production. A summary of existing Site characteristics in favor of proposed stream and wetland activities include the following. • Streams and wetlands are accessible to livestock, and have been trampled by livestock • Streams and wetlands have been cleared of forest vegetation or are composed of disturbed forest • Stream channels have been ditched, are incised, and exhibit bank failure • Stream channels are oversized and have no access to floodplains during high discharge events Rocky Top Bank Site Mitigation Plan page 7 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC • Outer bends are unstable due to livestock trampling and loss of forest vegetation resulting in a loss of pattern, tight meander radii, shoot cutoffs, extended pools, and loss of appropriate channel substrate • Wetland soils have been compacted by livestock • Wetland hydrology has been removed by lateral drawdown of the water table adjacent to incised streams, and floodplain ditching and excavation • Site receives nonpoint source inputs from livestock • Streams are classified as nutrient sensitive waters and are located in a water supply watershed (WS -V) In addition to the opportunity for ecological improvements at the Site, the use of the particular mitigation activities and methods proposed in the Mitigation Work Plan (Section 10.0) are expected to produce naturalized stream and wetland resources that will be ecologically self- sustaining, requiring minimal long-term management (see the Long-term Management Plan in Section 13.0). Development Trends and Land Use Changes in Cape Fear 02 Between the 2000 and 2010 censuses, the Cape Fear 02 population increased approximately 17 percent (Table 4). The general trend of population growth appears to be continuing according to recent population estimates, which indicates Guilford, Orange, Chatham, and Durham counties are all growing at faster annual rates than North Carolina's 1.02 percent (USCB 2013). These data suggest land development activities will increase in frequency, as will aquatic ecosystem impacts related to such development. Therefore, there is an immediate and prolonged need for compensatory stream mitigation in the watershed. Of further benefit, aquatic ecosystem restoration projects are capable of reducing nutrient loading in sensitive downstream receiving waters such as Jordan Lake. The Site is located within the Cape Fear 02 HUC 03030002 (subbasin 03-06-04). According to the Cape Fear River Basinwide Water Quality Plan (NCDWQ 2005), all land uses and discharges of wastewater and stormwater in subbasin 03-06-04 potentially contribute nutrients to B. Everett Jordan Lake. B. Everett Jordan Lake provides low -flow augmentation, flood control, recreation, fish and wildlife habitat, and water supply. The lake is impaired for aquatic life due to excessive levels of chlorophyll a in violation of current standards in all segments of the reservoir. In addition, the Site has a supplemental water quality classification of Nutrient Sensitive Waters, which include areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The proposed Mitigation Activities will reduce sediment and nutrient levels, and improve water quality within the Site and their downstream watersheds. Table 5 summarizes the water quality stressors and usage ratings for the Site's receiving waters. (Remainder ofpage intentionally left blank) Rocky Top Bank Site Mitigation Plan page 8 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 4. Population Growth in Cape Fear 02 Municipality 2000 Population 2010 Population Percent Increase Greensboro 223,891 269,666 20 Burlington 44,917 49,963 11 Chapel Hill 48,715 57,233 17 Durham* 187,035 228,330 22 Rest of Guilford County 421,048 488,406 11 Rest of Alamance County 130,800 151,131 18 Rest of Orange County 118,227 133,801 10 Chatham County 49,329 63,505 29 Rest of Durham County* 223,314 267,587 8 Totals 942,718 1,104,430 17 *Some portions of Durham (city) and Durham County are located in the Cape Fear 02; the majority located in the Neuse River basin. Table 5. Watershed Stressors of these areas are Bank Site Subbasin Index # Receiving Water NCDWR Rating 303(d) status* Rocky Top 03-06-04 16-28-3 Reedy Br WS -V, NSW NL -Final 2012 303(d) status; NL = Not Listed 4.0 BANK SITE PROTECTION The Bank Site is currently owned by Mr. Jim Lamm of Alamance County. The Sponsor possesses an option agreement with Mr. Lamm to record conservation easements over portions of his property. Following approval of the Site by the USACE and the IRT, the Sponsor will record conservation easements over approximately 5 -acres of Mr. Lamm's property substantially in the form and location provided in Appendix B, protecting the Site in perpetuity. The North Carolina Wildlife Habitat Foundation will hold the permanent conservation easements and requisite access easements. The conservation easements will contain a provision requiring a 60 -day advanced notification to the USACE before any action is taken to void or modify the conservation easements, including transfer of title or establishment of any other legal claims over the Site. 5.0 REFERENCE STUDIES Six reference reaches were identified for the Site: 1) Cedarock Park, 2) Causey Farm, 3) Lamm Property, 4) Cripple Creek, 5) Flint Rock Farm, and 6) Caswell Game Lands. Causey Farm and Cripple Creek reference sites were measured during detailed restoration planning for mitigation banks developed in 2004 and 2009, respectively. Both mitigation banks were successful projects through five years of monitoring with no issues. The Lamm Property Reference Site did not have detailed measurements taken for pattern variables; however, cross-sectional data for bankfull Rocky Top Bank Site Mitigation Plan page 9 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC calculations were utilized to determine suitable design cross-section area. The streams were measured and classified by stream type (Rosgen 1996). The location of each reference site is depicted on Figure 1. 5.1 CHANNEL CLASSIFICATION Reference reach data is presented in Table C -Reference (Appendix Q. The reference reaches are characterized as E- and C-type stream channels. Sinuosity ranges from 1.14 at the Caswell Game Land to 1.46 at the Causey Farm Site; Causey Farm had slightly higher sinuosity, due to a lower valley slope, with a sand -dominated substrate. E- and C-type streams are characterized as slightly entrenched, riffle -pool channels exhibiting high sinuosity (1.3 to greater than 1.5); however, reference streams in the region typically are characterized by sinuosity values slightly lower than 1.3. These streams typically exhibit a sequence of riffles and pools associated with a sinuous flow pattern. In North Carolina, these streams often occur in narrow to wide valleys with well- developed alluvial floodplains (Valley Type VIII). These channels are typically considered stable; however, these streams are sensitive to upstream drainage basin changes and/or channel disturbance, and may rapidly convert to other stream types. Dimension: Bankfull cross-sectional data at each reference site has been determined using infield features of bankfull such as benches, lateral roots, and other morphological features. Once bankfull cross-sectional area was determined, the value was compared to cross-sectional areas predicted by Piedmont regional curves (Hannan et al. 1999) to determine if the channel matches the curves for use in Site design. Bankfull cross-sectional area of each reference site as compared to regional curve predictions of bankfull cross-sectional area are detailed in Table 6. Table 6. Reference Bankfull Cross -Sectional Area Site Measured Area Predicted Area Percent of Regional Curves Cedarock Park 8.1 7.46 109% Causey Farm 14.7 15.7 94% Cripple Creek 5.9 6.47 91% Lamm Site 9.4 9.5 99% Flintrock Farm 6.1 12.0 50% Caswell Gameland 17.6 16.0 110% Data indicate that reference sites generally match regional curves. With the exception of Flintrock Farm, the sites appear to be within 10% of the bankfull cross-sectional area predicted by the curves. Flintrock Farm may not be a suitable reference site for determination of cross-sectional area; however, the channel is very stable and was useful in determination of pattern and slope ratios for design calculation. Of the six reference sites measured, four are smaller in cross-sectional area than the regional curves. Rocky Top Bank Site Mitigation Plan page 10 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Pattern and Profile: Profile measurements of reference reaches range in sinuosity from 1.14 to 1.46, with the majority of the reference sites exhibiting a sinuosity around 1.2 (thalweg distance/straight-line distance). Reference sinuosity values appear typical for the Piedmont of North Carolina and result in pool -to -pool spacing and meander lengths that are suitable for design of Site streams. Reference valley slopes range from 0.006 to 0.0310, providing a good range of slopes to compare existing and proposed Site conditions. Site valley slopes range from 0.0295 to 0.0435, which matches well with measured reference streams. Profile variables such as riffle slope, pool slope, run slope, and glide slope, which have been destroyed in Site streams due to land use activities, have been measured in the reference sites and will be used for design channel construction. Substrate: Reference channels are characterized by substrate dominated by cobble, gravel, and sand sized particles. 5.2 REFERENCE FOREST ECOSYSTEM A Reference Forest Ecosystem (RFE) is a forested area on which to model restoration efforts at the Site in relation to soils and vegetation. RFEs should be ecologically stable climax communities and should be a representative model of the Site forested ecosystem as it likely existed prior to human disturbances. Data describing plant community composition and structure were collected at the RFEs and subsequently applied as reference data in an attempt to emulate a natural climax community. Reference vegetative communities for the Site are located on an unnamed tributary to Boyds Creek in central Alamance County. Tree and shrub species identified in this area are listed in Table 7 and were utilized, in addition to other relevant species, to supplement community descriptions for Piedmont Low Mountain Alluvial Forest and Dry-Mesic Oak -Hickory Forest (Schafale & Weakley 1990). Table 7. Reference Forest Piedmont Alluvial Forest Dry-Mesic Oak -Hickory Forest (Floodplains and Slopes) (Upland Side Slopes) Canopy Species Understory Species Canopy Species Understory Species Acer rubrum Acer rubrum Acer rubrum Acer rubrum Liquidambar styracii lua Betula nigra Carya alba/tomentosa Carpinus caroliniana Liriodendrum tulipifera Carpinus caroliniana Liriodendron tulipifera Diospyros virginiana Pinus taeda Liriodendron tulipifera Pinus taeda Ilex opaca Platanus occidentalis Pinus virginiana Jumperus virginiana Quercus phellos Quercus alba Pinus taeda Quercus shumardii Quercus falcata Reference vegetation was dominated by red maple (Acer rubrum), tuliptree (Liriodendrum tulipifera), sycamore (Platanus occidentalis), and various oak species including willow oak (Quercus phellos), southern red oak (Quercus falcata), and white oak (Quercus alba). Other species identified were large loblolly pine (Pinus taeda) and Virginia pine (Pinus virginiana), as well as river birch (Betula nigra) and iron wood (Carpinus caroliniana). Rocky Top Bank Site Mitigation Plan page 11 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 6.0 BASELINE INFORMATION Baseline information for the Site presented here includes information on physiography, topography, and land use; water quality; vegetation; soils; jurisdictional streams and wetlands; stream characteristics; channel classification and morphology; and discharge. Valley Classification The Site is located within valleys characterized as Valley Type VIII. This type of valley is identified by the presence of multiple river terraces positioned laterally along broad valleys with gentle, down -valley elevation relief Alluvial terraces and floodplains are the predominant depositional landforms, which produce a high sediment supply. Typical streams include C- and E -types with slightly entrenched, meandering channels with a riffle -pool sequence. Channel Fvnhitinn Nearly all of the Site's streams are characterized by G -type (gully) channels, F -type (widened gully), or incised E- or C-type (riffle pool) channels. In North Carolina a typical evolutionary trend in streams includes bed and bank erosion that leads to channel downcutting and morphology changing from a stable E- or C-type channel into a G -type (gully) channel. Continued erosion eventually results in lateral extension of the G -type channel into an F -type (widened gully) channel. The F -type channel will continue to widen laterally until the channel is wide enough to support a stable C-type or E -type channel at a lower elevation so that the original floodplain is no longer subject to regular flooding. Water Quality The Site is located within the Cape River Basin in 14 -digit United States Geological Service (USGS) Cataloging Unit 03030002050050 of the South Atlantic/Gulf Region in NCDWQ Subbasin Number 03-06-04. Site streams received a NCDWQ Best Usage Classification (NCDWQ 2005) and (NCDWR 2015) of WS -V, NSW. NCDWR Rating WS -V streams are protected as water supplies that are generally upstream and draining to Class WS -IV waters or waters used by industry to supply their employees with drinking water or as waters formerly used as water supply. These waters are also protected for Class C uses such as aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation includes wading, boating, and other uses not involving human body contact with waters on an organized or frequent basis. The NSW designation denotes nutrient sensitive waters, which include areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The North Carolina Division of Water Resources (NCDWR), formerly known as the North Carolina Division of Water Quality (NCDWQ), has assembled a list of impaired waterbodies according to the Clean Water Act Section 303(d) and 40 CFR 130.7, which is a comprehensive public accounting of all impaired waterbodies. An impaired waterbody is one that does not meet water quality standards including designated uses, numeric and narrative criteria, and anti - Rocky Top Bank Site Mitigation Plan page 12 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC degradation requirements defined in 40 CFR 131. Site streams are not listed on the final 2012 or fina12014 303(d) lists (NCDWQ 2012, NCDWR 2014). 6.1 EXISTING CONDITIONS 6.1.1 Physiography, Topography, and Land Use The Site is located in the Carolina Slate Belt portion of the Piedmont ecoregion of North Carolina. Regional physiography is characterized by dissected, irregular plains with moderate to steep slopes and low to moderate gradient streams over boulder and cobble -dominated substrate (Griffith et al. 2002). Onsite elevations range from a high of 660 -feet NGVD at the upper reach of UT 1 to a low of approximately 610 -feet NGVD at the outfall (USGS Snow Camp, North Carolina 7.5 -minute topographic quadrangle) (Figure 4). The Site provides water quality functions to an approximately 0.07 -square mile watershed at the outfall (Figure 4). The watershed is dominated by pasture, pine plantation, and hardwood forest used by the National Guard for maneuvers. Impervious surfaces account for less than 5 percent of the upstream watershed land surface. Site land use is characterized by disturbed forest, hay fields, and livestock pasture. Riparian zones and wetland areas are primarily composed of disturbed forest. Forest areas are accessible to livestock and have a thin understory with compacted soils. Multiple, active springs are located along the margins of the stream. These areas have primarily been cleared of forest vegetation and are characterized by herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land management activities. 6.1.2 Vegetation The Site is comprised primarily of agricultural land including pasture, hay fields, and disturbed forest. Fields are dominated by fescue (Festuca sp.) with sparse natural recruits including knotweed (Polygonum spp.), dog fennel (Eupatorium capillifolium), curly dock (Rumex crispus), cranesbill (Geranium carolinianum), clover (Trifolium repens), and nightshade (Solanum sp.), as well as other opportunistic herbaceous species. Scattered trees located adjacent to tributaries include Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), red maple (Acer rubrum), eastern red cedar (Juniperus virginiana), green ash (Fraxinus pennsylvanica), sweetgum (Liquidambar styracii lua), and poison ivy (Toxicodendron radicans). 6.1.3 Soils and Land Form Based on web soil survey mapping (NRCS 2014), the Site contains one soil series: Goldston channery silt loam (Typic Dystrudepts). Site soils are depicted on Figure 5 and described in Table 8. (Remainder ofpage intentionally left blank) Rocky Top Bank Site Mitigation Plan page 13 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 8. Soils MapUnit Map Unit Hydric Description Symbol Name Status Goldston This series consists of well -drained soils on 10-15 percent hill GcD channery silt Non -hydric slopes on ridges. This series formed from residuum weathered loam from metavolcanics and/or argillite. Detailed soil mapping conducted by a North Carolina Licensed Soil Scientist (NCLSS) in October 2013 indicate that 0.5 acre of the Site is currently underlain by hydric soils of the Worsham Series. Onsite hydric soils are grey to gley in color and are compacted and pockmarked by livestock trampling. Livestock trampling, grazing, and annual mowing for harvest of hay has resulted in an herbaceous vegetative community. Groundwater springs and surface runoff contribute hydrology to these areas, although the dominant hydrological influence is the lateral drawdown of the water table adjacent to incised stream channels. 6.1.4 Jurisdictional Streams and Wetlands The main hydrologic features at the Site include unnamed tributaries to Reedy Branch and associated riparian wetlands and floodplains. The Site drains an approximately 0.07 -square mile watershed at the outfall (Figure 4). Site streams are first and second -order bank -to -bank stream systems. Streams may be generally characterized as riverine, upper perennial with unconsolidated bottoms consisting of sand (R3UB2). Site streams are fully exposed to partially shaded by a mixture of mature riparian vegetation, and exhibit entrenchment and bank failure due to livestock and agriculture practices located within the watershed. The Site encompasses approximately 1,214 linear feet of existing stream channel proposed for mitigation (Table 9 and Figure 5). Table 9. Existing Stream Characteristics Stream Reach Approx. Length USGS USGS Stream In -Field Stream (linear feet) Stream Order Classification Classification UT 1 944 19' Unmapped Perennial UT 2 270 151/2"d Unmapped Perennial Total 1,214 Note: Perennial vs intermittent stream calls have not been verified by NCDWR and all stream calls are for descriptive purposes only. Jurisdictional wetlands/hydric soils within the Site were delineated in the field following guidelines set forth in the Corps of Engineers Wetlands Delineation Manual and subsequent regional supplements, and located using GPS technology with reported submeter accuracy (Environmental Laboratory 1987). Jurisdictional delineations were approved by David Bailey of the USACE during a field visit on May 29, 2014. Existing jurisdictional wetlands are depicted in Pink on Figure 5. Rocky Top Bank Site Mitigation Plan page 14 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Portions of the Site supporting jurisdictional wetlands may originally have been characterized by palustrine, persistent emergent, wetlands that are saturated, semipermanent, or seasonally flooded (PEM1Y) (Cowardin et al. 1979). However, livestock trampling, deforestation, groundwater drawdown from stream channel incision, floodplain ditching, and excavation of the floodplain have impacted on-site wetlands. Approximately 0.5 acre of the Site is currently underlain by hydric soils, which have been impacted by stream channel entrenchment, ditching, casting of spoil, compaction due to hoof shear and agricultural equipment, and removal of native, woody vegetation (Figure 5). Extensive floodplain manipulations associated with stream ditching and straightening, deforestation, and floodplain ditching, have effectively removed groundwater hydrology and/or riparian vegetation from these areas. 6.1.5 Stream Characteristics Site stream dimension, pattern, and profile were measured to characterize existing channel conditions. Locations of existing stream reaches are depicted in Figure 5 and cross-section locations are depicted in Figure C4 (Appendix Q. Stream geometry measurements under existing conditions are summarized in Table C4 Morphological Stream Characteristics (Appendix C). Preliminary estimates of stable stream attributes are based primarily upon measurements of four reference reaches and regional curves discussed further in Section 5.0. 6.1.6 Channel Classification and Morphology Stream geometry and substrate data have been evaluated to classify existing stream conditions based on a classification utilizing fluvial geomorphic principles (Rosgen 1996). This classification stratifies streams into comparable groups based on pattern, dimension, profile, and substrate characteristics. Primary components of the classification include degree of entrenchment, width - depth ratio, sinuosity, channel slope, and stream substrate composition. Currently, channels targeted for restoration are characterized as entrenched and/or incised G -type or F -type channels with little to no riffle -pool morphology, oversized channel cross-sectional areas, and no access to floodplains during high discharge events (BHR range > 2). UT 2 originates from a springhead and has been ditched along the margins of the floodplain, resulting in a sinuosity of 1.02. UT 1 retains a reasonable sinuosity (approximately 1.2); however, the loss of forest vegetation and hoof shear has destabilized some outer bends, resulting in a loss of pattern including: tight meander radii, shoot cutoffs, extended pools, and a loss of suitable channel substrate. In general, sediment and nutrient inputs, channel incision and manipulation, livestock trampling, removal of cobble substrate, aggradation of silt and sand, as well as removal of woody vegetation have impacted the Site streams. 6.1.7 Discharge Rocky Top Bank Site Mitigation Plan page 15 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC This hydrophysiographic region is characterized by moderate rainfall with precipitation averaging approximately 40 to 50 inches per year (USDA 1960). Drainage basin size is 0.07 square mile at the Site outfall. The Site's discharge is dominated by a combination of upstream basin catchment, groundwater flow, and precipitation. Based on regional curves (Harman et al. 1999), the bankfull discharge for a 0.07 -square mile watershed is expected to average 13.4 cfs. Bankfull discharge is expected to occur on average every 1.3 to 1.5 years. 7.0 CHANNEL STABILITY ASSESSMENT 7.1 STREAM POWER Stability of a stream refers to its ability to adjust itself to inflowing water and sediment load. One form of instability occurs when a stream is unable to transport its sediment load, leading to aggradation, or deposition of sediment onto the streambed. Conversely, when the ability of the stream to transport sediment exceeds the availability of sediments entering a reach, and/or stability thresholds for materials forming the channel boundary are exceeded, erosion or degradation occurs. Stream power is the measure of a stream's capacity to move sediment over time. Stream power can be used to evaluate the longitudinal profile, channel pattern, bed form, and sediment transport of streams. Stream power may be measured over a stream reach (total stream power) or per unit of channel bed area. The total stream power equation is defined as: Q = PgQs where Q = total stream power (ft-lb/s-ft), p = density of water (Ib/ft3), g = gravitational acceleration (ft/s2), Q = discharge (ft3/sec), and s = energy slope (ft/ft). The specific weight of water (y = 62.4 lb/ft3) is equal to the product of water density and gravitational acceleration, pg. A general evaluation of power for a particular reach can be calculated using bankfull discharge and water surface slope for the reach. As slopes become steeper and/or velocities increase, stream power increases and more energy is available for reworking channel materials. Straightening and clearing channels increases slope and velocity and thus stream power. Alterations to the stream channel may conversely decrease stream power. In particular, over -widening of a channel will dissipate energy of flow over a larger area. This process will decrease stream power, allowing sediment to fall out of the water column, possibly leading to aggradation of the streambed. The relationship between a channel and its floodplain is also important in determining stream power. Streams that remain within their banks at high flows tend to have higher stream power and relatively coarser bed materials. In comparison, streams that flood over their banks onto adjacent floodplains have lower stream power, transport finer sediments, and are more stable. Stream power assessments can be useful in evaluating sediment discharge within a stream and the deposition or erosion of sediments from the streambed. Rocky Top Bank Site Mitigation Plan page 16 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 7.2 SHEAR STRESS Shear stress, expressed as force per unit area, is a measure of the frictional force that flowing water exerts on a streambed. Shear stress and sediment entrainment are affected by sediment supply (size and amount), energy distribution within the channel, and frictional resistance of the streambed and bank on water within the channel. These variables ultimately determine the ability of a stream to efficiently transport bedload and suspended sediment. For flow that is steady and uniform, the average boundary shear stress exerted by water on the bed is defined as follows: T=y Rs where T = shear stress (lb/ft2), y = specific weight of water, R = hydraulic radius (ft), and s = the energy slope (ft/ft). Shear stress calculated in this way is a spatial average and does not necessarily provide a good estimate of bed shear at any particular point. Adjustments to account for local variability and instantaneous values higher than the mean value can be applied based on channel form and irregularity. For a straight channel, the maximum shear stress can be assumed from the following equation: Tmax = 1.5T for sinuous channels, the maximum shear stress can be determined as a function of plan form characteristics: Tmax = 2.65T(Rc /Wbkf)-0.5 where Rc = radius of curvature (ft) and Wbkf = bankfull width (ft). Shear stress represents a difficult variable to predict due to variability of channel slope, dimension, and pattern. Typically, as valley slope decreases channel depth and sinuosity increase to maintain adequate shear stress values for bedload transport. Channels that have higher shear stress values than required for bedload transport will scour bed and bank materials, resulting in channel degradation. Channels with lower shear stress values than needed for bedload transport will deposit sediment, resulting in channel aggradation. The actual amount of work accomplished by a stream per unit of bed area depends on the available power divided by the resistance offered by the channel sediments, planform, and vegetation. The stream power equation can thus be written as follows: w = p gQs = Tv where w = stream power per unit of bed area (N/ft-sec, Joules/sec/ft2), T = shear stress, and v average velocity (ft/sec). Similarly, w = S2/Wbkf Rocky Top Bank Site Mitigation Plan page 17 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC where Wbkf = width of stream at bankfull (ft) 7.3 STREAM POWER AND SHEAR STRESS METHODS AND RESULTS Channel degradation or aggradation occurs when hydraulic forces exceed or do not approach the resisting forces in the channel. The amount of degradation or aggradation is a function of relative magnitude of these forces over time. The interaction of flow within the boundary of open channels is only imperfectly understood. Adequate analytical expressions describing this interaction have yet to be developed for conditions in natural channels. Thus, means of characterizing these processes rely heavily upon empirical formulas. Traditional approaches for characterizing stability can be placed in one of two categories: 1) maximum permissible velocity and 2) tractive force, or stream power and shear stress. The former is advantageous in that velocity can be measured directly. Shear stress and stream power cannot be measured directly and must be computed from various flow parameters. However, stream power and shear stress are generally better measures of fluid force on the channel boundary than velocity. Using these equations, stream power and shear stress were estimated for 1) existing dredged and straightened reaches, 2) the reference reaches, and 3) proposed Site conditions. Important input values and output results (including stream power, shear stress, and per unit shear power and shear stress) are presented in Table 10. Average stream velocity and discharge values were calculated for the existing stream reaches, reference reaches, and proposed conditions. In order to maintain sediment transport functions of a stable stream system, the proposed channel should exhibit stream power and shear stress values so the channel is neither aggrading nor degrading. Table 10. Stream Power (i2) and Shear Stress (c) Values Water Total Shear Discharge surface Stream Hydraulic Hydraulic Velocity Bank/Reference Site 3 .01W i v imaz (ft /s) Slope Power Radius (V) () (ft/ft) 42) Existing Conditions UT 1 12.9 0.0431 34.69 3.58 1.69 4.55 0.71 3.24 N/A Reference Conditions Cedarock 28.8 0.0258 46.37 5.72 0.82 1.33 3.60 4.78 6.67 Causey Farm 60.6 0.0053 20.04 1.82 1.07 0.35 4.12 1.45 2.10 Proposed Conditions UT 1 12.9 0.0256 20.61 2.94 0.44 0.70 3.69 2.58 5.06 Results of the analysis indicate the proposed channel reaches will maintain stream power as a function of width values (KYW) of approximately 2.94 and shear stress (i) values of approximately Rocky Top Bank Site Mitigation Plan page 18 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 0.7 (ranging between Cedarock and Causey Farms reference reaches). Shear stress values of the existing reach measures 4.55, which is significantly higher than reference and proposed values. Stream power and shear stress of the proposed channels are considered stable, while transporting sediment and are significantly lower than the existing, degraded stream channels at the Site. 7.4 BANKFULL VERIFICATION Discharge estimates for the Site utilized an assumed definition of "bankfull" and return intervals associated with those bankfull discharges. For this design, the bankfull channel is defined as the channel dimensions conveying "channel forming" or "dominant" discharge (Gordon et al. 1992). Discharge estimates were calculated using three methods for comparison: Piedmont regional curves (Harman et al. 1999), the USGS regional regression equation for the Piedmont region (USGS 2006; see analysis in Appendix D), and field indicators of bankfull. Based on the analysis of methods to determine bankfull discharge, proposed conditions at the Site are based on bankfull indicators found on the reference reaches and most importantly on-site indicators of bankf ill. Using this methodology, the designed channels will equal approximately 93 percent of the channel size indicated by Piedmont regional curves. Table 11 summarizes all methods analyzed for estimating bankfull discharge. (Remainder of page intentionally left blank) Rocky Top Bank Site Mitigation Plan page 19 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 11. Reference Reach Bankfull Discharge Analysis Watershed Area Return Interval Discharge Method (square miles) (years) (cfs) Cedarock Reference Reach Piedmont Regional Curves 0.2 1.3-1.5 28.8 (Harman et at. 1999) Peidmont Regional Regression Model 0.2 (USGS 2006) 1.3-1.5 27-36 Field Indicators of Bankfull 0.2 1.3-1.5 31.3 Causey Farm Reference Reach Piedmont Regional Curves 0.6 (Harman et al. 1999) 1.3-1.5 63.8 Peidmont Regional Regression Model 0.6 (USGS 2006) 1.3-1.5 63-85 Field Indicators of Bankfull 0.6 1.3-1.5 59.8 Cripple Creek Reference Reach Piedmont Regional Curves 0.17 (Harman et al. 1999) 1.3-1.5 24.8 Peidmont Regional Regression Model 0.17 1.3-1.5 24-34 (USGS 2006) Field Indicators of Bankfull 0.17 1.3-1.5 22.6 Flint Rock Farm Reference Reach Piedmont Regional Curves 0.43 1.3-1.5 48.0 (Harman et al. 1999) Peidmont Regional Regression Model 0.43 (USGS 2006) 1.3-1.5 38-68 Field Indicators of Bankfull 0.43 1.3-1.5 24.4 Caswell Game Land Reference Reach Piedmont Regional Curves 0.65 1.3-1.5 65.0 (Harman et al. 1999) Peidmont Regional Regression Model 0.65 1.3-1.5 66-89 (USGS 2006) Field Indicators of Bankfull 0.65 1.3-1.5 71.7 8.0 POTENTIAL CONSTRAINTS The presence of conditions or characteristics that have the potential to hinder restoration activities within the Site was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, and the potential for hydrologic trespass. Existing information regarding constraints was acquired and reviewed. In addition, any Site condition with the potential to restrict the proposed restoration design and implementation was documented during field investigations. No constraints that may hinder restoration activities were identified at the Site Rocky Top Bank Site Mitigation Plan page 20 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 8.1 SITE ACCESS The Site is to be accessed from Major Hill Road (SR 2348). Project access is to be obtained by a 30 foot permanent access easement obtained and recorded along with the CE in Alamance County. 8.2 UTILITIES Utility crossings do not occur at the Site. 8.3 FEMA/HYDROLOGIC TRESPASS FEMA mapping was reviewed to determine if the Site is located in a FEMA study area (DFIRM panel number 8787). Based on existing floodplain mapping, the Site is not located in a Special Flood Hazard Area and the project should not alter FEMA flood zones. Therefore, a "Conditional Letter of Map Revision" (CLOMR) is not expected for this project. Surface drainage on the Site and surrounding areas were analyzed to predict the feasibility of manipulating existing surface drainage patterns without adverse effects to the Site or adjacent properties. The following presents a summary of hydrologic and hydraulic analyses. The purpose of the analysis is to predict flood extents for storms under existing and proposed conditions after stream and wetland restoration activities have been implemented. Watersheds and land use estimations were measured from existing DEM (Digital Elevation Model) data and aerial photography. Field surveyed cross-sections and water surfaces were obtained along Site features. Valley cross-sections were obtained from both onsite cross-sections and detailed topographic mapping of 1 -foot contour intervals using the available DEM. Observations of existing hydraulic characteristics were compared to proposed hydraulic conditions and used to determine proposed channel grades and upper reaches and downstream outfalls. Using these data, channel slopes were calculated to avoid backwater conditions on adjacent landowners. 8.4 FEDERALLY PROTECTED SPECIES Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531 et seq.). 8.4.1 Alamance County No species are federally listed for Alamance County by the United States Fish and Wildlife Service (USFWS) (USFWS 2015). 8.5 STATE LISTED SPECIES In addition to E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may, or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no federal protection under the ESA for the species listed. The FSC species listed on the current USFWS list are presented in Table 12. Rocky Top Bank Site Mitigation Plan page 21 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 12. Federal Species of Concern Common Name Scientific Name County Potential Habitat* American eel Anguilla rostrata Alamance No Carolina darter Etheostoma collis lepidinion Alamance No Carolina creekshell Villosa vaughaniana Alamance Yes Yellow lampmussel Lampsilis cariosa Alamance Yes Buttercup phacelia Phacelia covillei Alamance No Sweet pinesap Monotropsis odorata Alamance No * Potential Habitat: Portions of the Site under review for potential habitat are limited to areas which are proposed for earth -moving activities including restoration reaches/areas. Habitat for these species is expected to be significantly improved by proposed mitigation activities. 9.0 CREDIT DETERMINATION AND RELEASE 9.1 CREDIT DETERMINATION Mitigation activities outlined in this report result in stream and wetland mitigation units as presented in Tables 13 and 14. Table 13. Reach -by -Reach Credit Determination Summary Stream Mitigation Final Mitigation Mitigation Reach Activity Length/Area Ratio Credits UT 1 Station 00+00 to EII 443 2.5:1 177.2 04+43 UT 1 Station 04+43 to Restoration 585 1:1 585 10+28 UT 2 Station 00+00 to Restoration 245 1:1 245 02+45 Table 14. Mitigation Activity and Credit Determination Summary Proposed Mitigation Proposed Credits Proposed Mitigation Streams Wetlands Mitigation WM Activity (linear feet) (acres) Ratio SMUS Us Stream Restoration 830 1:1 830 Stream Enhancement 1 1.5:1 Stream Enhancement Il 443 2.5:1 177.2 Wetland Restoration 0.2 1:1 0.2 Wetland Enhancement 0.3 2:1 0.15 Totals 1,273 0.5 1,007.2 0.35 Rocky Top Bank Site Mitigation Plan page 22 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Mitigation Activities outlined in this report result in stream and wetland mitigation units as presented in Tables 13 and 14. 9.2 STREAM CREDIT RELEASE SCHEDULE The Site's stream credit release schedule is presented below in Table 15. The credit release schedule is based upon satisfactory completion of Site milestones. (Remainder ofpage intentionally left blank) Rocky Top Bank Site Mitigation Plan page 23 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 15. Stream Credit Release Schedule Milestones Tasks Release (%) Credits 1) Approval of this Bank Site Mitigation Plan; 2) Delivery of financial assurances; Rocky Top 3) Issuance of §404 permit for Site work plan; 4) Recordation of conservation easements protecting Site 15 151 Establishment _ vment to N, ---- hold, mige ; 5) Title opinion approved by the Corps. 1) Completion of earthwork, if required; Mitigation Plan 2) Completion of riparian plantings; 3) Construction of easement fencing suitable for livestock 15 151 Implementation exclusion, if required; 4) Approval of As -Built Survey by the Corps. Year 1 1) Channels are stable; 2) Interim Performance Standards met; 10 101 Monitoring 3) Approval of Monitoring Report by the Corps. Year 2 1) Channels are stable; 2) Interim Performance Standards met; 10 101 Monitoring 3) Approval of Monitoring Report by the Corps. 1) Two bankfull events occurring in separate years; Bankfull Events 2) Channels are stable; 5 50 3) Interim Performance Standards met. Year 3 1) Channels are stable; 2) Interim Performance Standards met; 10 50 Monitoring 3) Approval of Monitoring Report by the Corps. Year 4 1) Visual Assessment; 2) Interim Performance Standards met; 5 101 Monitoring 3) Approval of Monitoring Report by the Corps. 1) Four bankfull events occurring in separate years; Bankfull Events 2) Channels are stable; 5 50 4) Interim Performance Standards met. Year 5 1) Channels are stable; 2) Interim Performance Standards met; 10 101 Monitoring* 3) Approval of Monitoring Report by the Corps. Year 1) Visual Assessment; 2) Interim Performance Standards met; 5 50 Monitoring 3) Approval of Monitoring Report by the Corps. Year 7 1) Stream Performance Standards met; 2) Vegetation Performance Standards met; 10 101 Monitoring 3) Approval of Final Monitoring Report by the Corps- -- Deleted: _ ,,, l Totals 100 1,007 *If, following the conclusion of Year 5 of the monitoring period, the Site's performance standards have been met and there are no concerns regarding channel stability, or vegetation survivability and vigor, the Sponsor may propose the early termination of the monitoring period. Rocky Top Bank Site Mitigation Plan page 24 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 9.3 WETLAND CREDIT RELEASE SCHEDULE Given the low wetland credit potential of the Site, the Sponsor intends to withhold credit release requests until the end of the Wetland Monitoring Period, which is expected to be seven (7) years following the completion of Site construction. If the Sponsor at some point decides to request credit releases during the Site Wetland Monitoring Period, such credit release requests will be in accordance with the wetland credit release schedule presented below (Table 16). Table 16. Wetland Credit Release Schedule Milestones Tasks Release (%) 1) Execution of this Agreement; 2) Delivery of financial assurances; 3) Issuance of §404 permit for Site work plan; Site Establishment 4) Recordation of conservation easements protecting 15 Site, x10 payment to NCWHF as r and long-term manager; 5) Title opinion approved by the Corps. 1) Completion of earthwork, if required; Mitigation Plan 2) Completion of riparian plantings; 3) Construction of easement fencing suitable for 15 Implementation livestock exclusion, if required; 4) Approval of As -Built Survey by the Corps. Year I Monitoring 1) Interim Performance Standards met; 10 2) Approval of Monitoring Report by the Corps. Year 2 Monitoring 1) Interim Performance Standards met; 10 2) Approval of Monitoring Report by the Corps. I ) Interim Performance Standards met; Year 3 Monitoring 2) Approval of Monitoring Report by the Corps. 10 1) Visual Assessment; Year 4 Monitoring 2) Interim Performance Standards met; 10 3) Approval of Monitoring Report by the Corps. Year 5 Monitoring* 1) Interim Performance Standards met; 10 2) Approval of Monitoring Report by the Corps. 1) Visual Assessment; Year 6 Monitoring 2) Interim Performance Standards met; 10 3) Approval of Monitoring Report by the Corps. Year 7 Monitoring** 1) Final Performance Standards met; 10 2) Approval of Monitoring Report by the Corps Totals 100 *Hydrologic monitoring maybe discontinued after Year 5 if Hydrologic Performance Standards for years 1 —5 have been met (Section 11.0) **Vegetation monitoring not required in Years 4 and 6. Rocky Top Bank Site Mitigation Plan page 25 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.0 MITIGATION WORK PLAN 10.1 RESTORATION PROJECT GOALS AND OBJECTIVES Based on the Cape Fear River Basin Restoration Priorities Report 2009 (NCEEP 2009), Targeted Local Watershed (TLW) 03030002050050 is characterized by Nutrient Sensitive Waters. This project will meet overall goals of TLW's, as well as Local Watershed Plans (LWP's) including 1) reduce sediment loading, 2) reduce nutrient loading, 3) manage stormwater runoff, 4) reduce toxic inputs, 5) provide and improve in -stream habitat, 6) provide and improve terrestrial habitat, 7) improve stream stability, and 8) improve hydrologic function. Stream mitigation activities include Restorationand Enhancement (Level II). Wetland mitigation activities include Restoration and Enhancement of riparian wetlands. Tables 2A -2C summarize the functional objectives and proposed actions. Collectively, mitigation activities and the protection of the Site's streams and wetlands with conservation easements will result in net gains in hydrology, water quality, and habitat functions in the Cape Fear 02 watershed. A summary of the mitigation activities and credit potential of those actions for the Site is provided below. • Providing 1,007 SNWs by the following. o Restoring approximately 830 linear feet of perennial stream channel through construction of stable stream channels in the historic floodplain location and elevation; o Enhancing (level I1) approximately 443 linear feet of stream channel by fencing livestock from the 50 -foot vegetated buffer, supplemental planting of riparian buffers with native woody vegetation, and controlling invasive species. • Providing 0.35 )VWs by the following. o Restoring approximately 0.2 acres of riparian wetlands by reconstructing stream channels within the historic floodplain, removing livestock and row crop production, rehydrating floodplain soils, and planting with native woody vegetation; and o Enhancing approximately 0.3 acres of riparian wetlands by supplemental planting areas of disturbed forest, or removing livestock and planting with native forest vegetation. • Planting a native woody riparian buffer adjacent to all streams within the Site. • Protecting the Site in perpetuity with conservation easements. The proposed schedule for the implementation of the Site is provided below (Table 17). Table 17. Anticipated Construction Timing and Sequencing Task Days Required Start Date Permitting 45-60 2/l/7 -------------------------------------------------------------------------------------- -- Mobilization 10 0/1/2017 Earthwork 90 jl /tel 2018 Planting 10/11/ As -built 15 6/2018. 10.2 STREAM AND WETLAND DESIGN Site streams and wetlands targeted for restoration have endured significant disturbance from land use activities such as land clearing, livestock grazing, straightening and rerouting of channels, and Rocky Top Bank Site Mitigation Plan page 26 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Deleted: 11 Deleted: 2016 Deleted: 1 Deleted: 4/ Deleted: 2017 Deleted: 4 Deleted: 2017 Deleted: 5/ Deleted: 2017 other anthropogenic maintenance. Site streams will be restored to emulate historic conditions utilizing parameters from nearby, relatively undisturbed reference streams. Stream and wetland designs for the Site are presented in the attached Figure 6 and Morphology Tables are presented in Appendix C. Table 18 depicts the linear feet of proposed Stream Restoration and Enhancement, as well as, acreage of Wetland Restoration and Enhancement. Streams I Wetlands Site Name Restoration Enhance (I) Enhance (II) Total Restoration Enhance Total (ft) (ft) (ft) (ft) (ac) (ac) (ac) Rocky Top 830 443 1,273 I 0.2 0.3 0.5 iC7:61[1917_111101:1 Stream Restoration efforts are designed to restore stable, meandering streams at the Site that approximate hydrodynamics, stream geometry, and local microtopography relative to reference and onsite conditions. Geometric attributes for the existing, degraded channels and the proposed, stable channels are listed in Table of Morphological Stream Characteristics (Table C4, Appendix C). Generalized grading plans, including elevations, are provided in Figure 6. Typical proposed geometries for Site dimension, pattern, and profile are shown in Figure 7. Primary activities designed to restore Site channels include 1) belt -width preparation and grading, 2) channel excavation, 3) installation of channel plugs, 4) backfilling of the abandoned channel, and 5) vegetative planting. Belt -width Preparation and Grading Belt -width corridor preparation will entail channel staking, floodplain clearing and grubbing, and any necessary grading prior to channel excavation. After the floodplain has been prepped, the proposed design channels will be staked and/or clearly marked to the design parameters. Spoil material excavated during floodplain grading will be stockpiled adjacent to the existing channels. After construction of the new channels is complete, existing channels will be abandoned and backfilled with stockpiled soils. Grading of topsoil at the Site is expected to be minimal; however, where grading is necessary, topsoils will be stockpiled, managed, and reapplied after grading is complete. In the event that stockpiled topsoil is not of sufficient quantity to provide a suitable planting environment for graded areas, soil amendments will be added including, but not limited to, organic matter (mulch), lime, Nitrogen, Phosphorus, and/or Potassium. Soil amendments will be added and mixed into topsoils to improve bulk density, water retention, and management of soil nutrients. Once belt -width corridor preparation is complete, the proposed channels will be excavated to the average width, depth, and cross-sectional area derived from reference reach studies and detailed measurements of the onsite reach. Stream banks and the belt -width area of constructed channels Rocky Top Bank Site Mitigation Plan page 27 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC will be immediately planted with shrub and herbaceous vegetation. Root mats may also be selectively removed from adjacent areas and placed as erosion control features on channel banks. Once the proposed design channels have been excavated and stabilized, abandoned channels will be backfilled utilizing spoil material stockpiled from channel excavation and/or from suitable material excavated from the Site, or adjacent to the Site. Abandoned channels will be backfilled to the maximum extent feasible. In -stream Structures The use of in -stream structures for grade control and habitat is essential for successful Stream Restoration (Figure 8A). In -stream structures may be placed in the channels to elevate local water surface profiles, potentially flattening the water energy slope or gradient. The structures would likely consist of log/rock cross -vanes or log/rock j -hook vanes designed primarily to direct stream energy into the center of the channel and away from banks. In addition, the structures would be placed in relatively straight reaches to provide secondary (perpendicular) flow cells during bankfull events. Outfall Structures Drop structures are proposed at the outfall of smaller tributaries entering larger, deeper channels. To avoid hydrologic trespass, the drop structure may be installed approximately 50 feet from the stream outfalls. The structure should be constructed to resist erosive forces associated with hydraulic drops proposed at the Site. The drop structures will be constructed of TerraCell, or other similar structure (Figure 813). The structures should be constructed to resist erosive forces associated with hydraulic drops proposed at the Site. TerraCell is a light weight, flexible mat made of high density polyethylene strips. The strips are bonded together to form a honeycomb configuration. The honeycomb mat is fixed in place and filled with gravel or sand. Material in the TerraCell structure may be planted with grasses and shrubs for additional erosion protection. The TerraCell structure will form a nickpoint that approximates geologic controls in stream beds. Marsh Treatment Areas Shallow wetland marsh treatment areas will be excavated in the floodplain to intercept surface waters draining through agricultural areas prior to discharging into the Site. Marsh treatment areas are intended to improve the mitigation project and are not generating mitigation credit. Proposed marsh treatment areas will consist of shallow depressions that will provide treatment and attenuation of initial stormwater pulses (Figure 813). The outfall of each treatment area will be constructed of hydraulically stable rip -rap or other suitable material that will protect against headcut migration into the constructed depression. It is expected that the treatment areas will fill with sediment and organic matter over time. 10.4 STREAM ENHANCEMENT LEVEL II Stream Enhancement Level II will entail the cessation of current land management practices, fencing livestock from the stream and riparian buffer, and planting riparian buffers with native forest vegetation. Riparian buffers will extend a minimum of 50 feet from the top of stream banks to facilitate stream recovery and prevent further degradation of the stream. Rocky Top Bank Site Mitigation Plan page 28 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.5 WETLAND RESTORATION AND ENHANCEMENT Alternatives for Wetland Restoration are designed to restore a fully functioning wetland system, which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by channel incision, vegetative clearing, hoof shear, and earth movement associated with agricultural practices. Wetland Restoration options should focus on the removal of fill materials, restoration of vegetative communities, the reestablishment of soil structure and microtopographic variations, and redirecting normal surface hydrology from incised streams to the adjacent floodplains. These activities will result in the restoration of 0.2 acre of jurisdictional riparian floodplain wetlands. An additional 0.3 acres of jurisdictional riparian wetlands will be enhanced within the Site by planting cleared wetlands with native forest vegetation and removing livestock or other agricultural activities. 10.5.1 Target Wetland Communities/Buffer Communities Onsite wetland and buffer areas targeted for Restoration and Enhancement have endured significant disturbance from land use activities such as land clearing, livestock grazing, and other anthropogenic maintenance. These areas will be planted with native forest species typical of wetland and buffer communities in the region such as those found within the reference forest (see Section 5.2 Reference Forest Ecosystem). Emphasis will focus on developing a diverse plant assemblage. Reestablishment of Historic Groundwater Elevations Hydric soils adjacent to the incised channels have been drained due to lowering of the groundwater tables and a lateral drainage effect from existing stream reaches. Reestablishment of channel inverts is expected to rehydrate soils adjacent to streams. In addition, drainage ditches effectively removing wetland hydrology within the restoration areas will be backfilled. Filling of these ditches and restoring Site tributaries are expected to rehydrate hydric soils, resulting in the restoration of jurisdictional hydrology to riparian wetlands. Excavation and Grading of Elevated Spoil and Sediment Embankments Some areas adjacent to the existing channels and wetlands have experienced both natural and unnatural sediment deposition. Spoil piles were likely cast adjacent to the channel during dredging, straightening, and rerouting of streams, and ditching of the adjacent floodplain. Hydrophytic Vegetation Site wetland areas have endured significant disturbance from land use activities such as land clearing, agriculture, livestock grazing, and other anthropogenic maintenance. Wetland areas will be revegetated with native forest vegetation typical of wetland communities in the region. Emphasis will focus on developing a diverse plant assemblage. Reconstructing Stream Corridors The Stream Restoration plan involves the reconstruction of Site streams through the floodplain. Existing channels will be backfilled so that the water table may be restored to historic conditions. Rocky Top Bank Site Mitigation Plan page 29 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC However, some portions of the existing channels may remain open for the creation of wetland ,'vernal pool" features. These features will be plugged on each side of the open channel and will function as open water systems expected to provide habitat for a variety of wildlife as well as create small pockets of open water/freshwater marsh within the Site. These features will account for a small portion of the Site and will be required to occupy less than 10 percent of the overall wetland area. 10.6 PLANT COMMUNITY RESTORATION Restoration of floodplain forest and stream -side habitat allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Reference Forest Ecosystem (RFE) data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990) will be used to develop the primary plant community associations that will be promoted during community restoration activities. Planting vegetation on cleared stream banks is proposed to reestablish native/historic community patterns within the stream corridor, associated side slopes, and transition areas. Revegetating the Site's floodplains and stream banks will provide stream bank stability, give shade, reduce surface water temperatures, filter pollutants from adjacent runoff, and provide habitat for area wildlife. Variations in vegetative planting will occur based on topographic locations and hydraulic conditions of the soil. Vegetative species composition will mimic reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include 1) Piedmont Alluvial Forest, 2) Dry-Mesic Oak -Hickory Forest, and 3) stream -side assemblage. 10.7 PLANTING PLAN Stream -side trees and shrubs include species with high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfall flow and overbank flood events. During construction activities, care will be taken to avoid removal of high value trees within the easement. Stream -side trees and shrubs will be planted within 50 feet of the channel throughout the meander belt -width. Shrub elements will be planted along the reconstructed stream banks, concentrated along outer bends. Piedmont Alluvial Forest is the target community for Site floodplains and Dry-Mesic Oak -Hickory Forest is the target community for upland side -slopes. Bare -root seedlings within the Piedmont Alluvial and Dry-Mesic Oak -Hickory Forests will be planted at a density of approximately 680 stems per acre on 8 -foot centers. Shrub species in the stream -side assemblage and Marsh Wetland Treatment Areas will be planted at a density of 2720 stems per acre on 4 -foot centers. Rocky Top Bank Site Mitigation Plan page 30 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC In addition to planting seedlings, a seed mix will be spread within Marsh Treatment Wetland Areas as follows. 1. Virginia wildrye (Elymus virginicus) 2. Switch grass (Panicum virgatum) 3. Big blue stem (Andropogon gerardii) 4. Indian grass (Sorghastrum nutans) 5. Deer tongue (Dichanthelium clandestinum) Table 19 depicts the total number of stems and species distribution within the Site (see Planting Plans for the Site in Figure 9). Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Rocky Top Bank Site Mitigation Plan page 31 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 19. Planting Plan Vegetation Association Piedmont/Low Mountain Alluvial Forest* Dry-Mesic Oak -Hickory Forest* Marsh Treatment Wetland** Stream -side Assemblage** TOTAL Area (acres) 0.4 3.7 0.1 0.9 5.1 Species #planted* % of total #planted* % of total # lanted** % of total # lanted** % of total # planted Tag alder (Alnus serrulata) 27 10 122 5 149 River birch (Betula nigra) 27 10 122 5 149 Ironwood (Carpinus caroliniana) 502 20 502 Buttonbush (Cephalanthus occidentalis) -- -- -- -- 55 20 -- -- 55 Red bud (Cercis canadensis) 378 15 378 Sweet p e erbush (Clethm alnifolia) -- -- -- -- 41 15 -- -- 41 Silky dogwood (Cornus amomum) 27 10 41 15 490 20 558 Persimmon (Diospyros vir imana) -- -- 252 10 -- -- -- -- 252 White ash (Fraxinus americana) 126 5 126 Green ash(Fraxinuspennsylvanica) 54 20 490 20 544 Blueberry (Vaccinum corymbosum) -- -- -- -- 27 10 -- -- 27 Tulip poplar (Liriodendron tult ifera) 27 10 -- -- -- -- -- -- 27 Sycamore (Platanus occidentalis) 54 20 490 20 544 Black gum (Nyssa sylvatica) -- -- 378 15 -- -- -- -- 378 Water oak (Quercus nigra) 41 15 502 20 245 10 788 Willow oak (Quercus phellos) 41 15 378 15 245 10 664 Black willow (Salix nigra) -- -- -- -- -- -- 245 10 1 245 Elderberry (Sambucus canadensis) 55 20 55 Possumhaw (Viburnum nudum) 27 10 27 TOTAL 271 100 2516 100 273 100 2449 100 5,509 * Planted at a density of 680 stems/acre. ** Planted at a density of 2720 stems/acre. Rocky Top Bank Site Mitigation Plan page 32 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.8 NUISANCE SPECIES MANAGEMENT Chinese privet (Ligustrum sinense), thorny olive (Eleagnus pungens), and multiflora rose (Rosa multiflora) are scattered within the Site. These species will be controlled mechanically and/or chemically, as part of this project. No other nuisance species controls are proposed at this time. Inspections for beaver and other potential nuisance species will occur throughout the course of the monitoring period. Appropriate actions may be taken to ameliorate any negative impacts regarding vegetation development and/or water management on an as -needed basis. 10.9 SOIL MANAGEMENT AND EROSION CONTROL MEASURES The Sponsor will coordinate with the NC Division of Land Quality (Winston Salem office) to obtain the necessary erosion control permits for the proposed work. In general, soil management and erosion control measures are expected to include the following: silt fence installation along haul roads, spoil piles, or other areas where turbid drainage may exit the Site or enter streams; establish temporary or permanent ground cover within 7 calendar days of land disturbing activity; seed, mat and mulch stream banks upon completion of channel excavation; excavate proposed channels in the dry through the use of impervious dikes and pumps; installation of temporary stone construction entrance/exit; use of log mats for temporary stream crossings; and any other erosion control measures requested by the NC Division of Land Quality. 11.0 PERFORMANCE STANDARDS AND MONITORING REQUIRMENTS Monitoring requirements and success criteria outlined in the latest guidance by USACE in April 2003 (Stream Mitigation Guidelines) will be followed and are briefly outlined below. Monitoring data collected at the Site should include reference photos, plant survival analysis, channel stability analysis, and biological data. Wetland hydrology is proposed to be monitored for a period of seven years (years 1-7). Riparian vegetation and stream morphology is proposed to be monitored for a period of seven years with measurements completed in years 1-3, year 5, and year 7. Macroinvertebrate sampling will be conducted in year 3, 5, and 7, although there are no performance standards tied to the results. Monitoring reports for years 4 and 6 will include photo documentation of stream stability and wetland hydrology monitoring data. If monitoring demonstrates the Site is successful by year 5 and no concerns have been identified, the Sponsor may propose to terminate monitoring at the Site and forego monitoring requirements for years 6 and 7. Early closure will only be provided through written approval from the USACE in consultation with the Interagency Review Team (IRT). Monitoring will be conducted by Axiom Environmental, Inc. Annual monitoring reports of the data collected will be submitted to the IRT by the Sponsor no later than December 31 of each monitoring year data is collected. Monitoring and success criteria for the Site should relate to project goals and objectives determined by NC SAM and NC WAM functional assessment methods. From a mitigation perspective, several of the goals and objectives are assumed to be functionally elevated by restoration activities without direct measurement. Other goals and objectives will be considered successful upon achieving stream, wetland, and/or vegetation success criteria. The following Table 20 summarizes Rocky Top Bank Site Mitigation Plan page 33 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC stream success criteria related to goals and objectives. Table 21 provides a monitoring schedule for the Site. Table 20. Functional Goal/Objectives and Performance Standards Functional Goals/Objectives I Performance Standards and Monitoring (4)Microtopography Removal of cattle, and attaining Vegetation Success Criteria (Section 11.3.1). (3) Stream Stability Attaining Wetland and Vegetation Success Criteria (Sections Cross-sections, monitored annually, will be compared to as - (4) Channel Stability (2) Indicators of Stressors built measurements to document channel stability and (4) Sediment Transport avoided. maintenance of channel geomorphology (Section 11.1.1). (2) Surface Storage and Retention (2) Aquatic Life Tolerance Four overbank events in separate monitoring years, and (2) Physical Structure maintenance of channel geomorphology and attaining attaining Wetland and Vegetation Success Criteria (Sections (2) Subsurface Storage and Retention (2) Pathogen Change 11.2.1 and 11.3.1). (1) Water Quality (2) Stream -side Area Vegetation Attaining Wetland and Vegetation Success Criteria (Sections (3) Upland Pollutant Filtration 11.2.1 and 11.3.1) (2) Indicators of Stressors Removal of cattle, fencing intact, and easement encroachment (3) In -stream Habitat avoided. (2) Stream -side Habitat Cross-sections, monitored annually, will be compared to as - (2) Aquatic Life Tolerance built measurements to document channel stability and (2) Physical Structure maintenance of channel geomorphology and attaining Vegetation Success Criteria (Sections 11.1.1 and 113.1). (2) Pathogen Change Success Criteria (Section 11.3. 1) (2) Particulate Change Removal of cattle, documentation of four overbank events in separate monitoring years, and attaining Wetland and (2) Soluble Change Vegetation Success Criteria (Sections 11.2.1 and 11.3.1) (2) Physical Change (1) Habitat (2) In -stream Habitat Cross-sections, monitored annually, will be compared to as - (3) Substrate built measurements to document channel stability and (3) Stream Stability maintenance of channel geomorphology and attaining (3) In -stream Habitat Vegetation Success Criteria (Sections 11.1.1 and 11.3.1). (2) Stream -side Habitat Attaining Vegetation Success Criteria (Section 11.3. 1) Pebble counts documenting coarsening of bed material from (2) Physical Structure pre-existing conditions of sand and silt to post restoration conditions of gravel and cobble, and attaining Vegetation Success Criteria (Section 11.3. 1) (2) Landscape Patch Structure Attaining Vegetation Success Criteria (Section 11.3. 1) (2) Vegetative Composition (Remainder of page intentionally left blank) Rocky Top Bank Site Mitigation Plan page 34 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Formatted Table -- Formatted Table Table 21. Monitoring Schedule Resource Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 11.1 STREAMS Monitoring plans for the Site are depicted in Figure 10. Permanent, monumented cross-sections shall be installed at an approximate frequency of one per 50 bankfull-widths, measured along the thalweg, along every reach where Stream Restoration mitigation activities are utilized. In general, cross-section locations should be selected to equally represent pool and riffle areas and should include areas more likelyto exhibit instabili Cross-section locations shall be detailed in the Site ""- Deleted: The sponsor, through its assigns, may exercise discretion instability. - as -built survey. in determining the placement and frequency of cross-sections, which shall be determined by best professional judgment. Wolman Pebble Counts shall be conducted annually at a representative subset of cross-sections for the Site, spaced approximately 1000 linear feet apart, as measured along the thalweg, for longer Stream Aestoration reaches. For shorter Stream Aestoration reaches, at a minimum, at least one Deleted: Restorationreaches. Wolman Pebble Count shall be conducted on each channel of at least 500 linear feet in length. Deleted: Restoratiomeaches Longitudinal profiles of thalweg, water surface, bankfull, and top -of -bank of each Stream Restoration reach shall be provided in the Site as -built survey. Additional profile surveys during the Stream Monitoring Period shall not be required, unless evidence of bed and/or bank instability is observed. In such cases, the USAGE, in consultation with the IRT, shall determine if remedial measures are necessary. If remedial measures are necessary, remedial measure monitoring and reporting may include additional longitudinal profiles. Determinations regarding the occurrence of bankfull events shall be based on the observation of overbank events utilizing a combination of staff gauges, automated trail cameras, as well as physical evidence of overbank flooding. Physical indicators, which are easily observable, includes == Deleted: floodplain scour, vegetation flattening, sediment deposition on floodplains and wrack lines consisting of deposited debris associated with stream discharges. The presence of physical indicators supporting bankfull event determinations shall be photodocumented. Staff gauges may also be installed along Site floodplains at predetermined elevations and locations sufficient to indicate if bankfull events have taken place. If such gauges are installed, they will be monitored routinely. Each bankfull monitoring event may be reported separately to the USACE from annual monitoring reports. J1 1.1.1 Stream Success Criteria ---------------------------------------- ----------------------------------------------------------- - Deleted: _ eQtream success will be documented with measurements of stream stability includingbank-height- Deleted: Stream success will be based on evaluations of functional �' ---------------------------------------------------------------------------------------------------------------- �-_--------- --- -- —----------:--- g---- uplift Identified on NC SAM calculations. ratio and entrenchment ratio. Specifically, bank -height -ratios shall not exceed 1.2 in regions of Rocky Top Bank Site Mitigation Plan page 35 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC channel altered through design. In addition, the entrenchment ratio shall be no less than 2.2 within E -type or C-type channels and no less than 1.4 for B -type channels. Project channels shall remain stable and all other performance standards shall be met through four separate bankfull events, occurring in separate years, during the monitoring years 1 through 7. IRT review of the Site didn't identify specific reaches for further study of flow regime (30 consecutive days of flow) and no surface flow gauges/cameras were requested to be installed. However, an ordinary high watermark is expected to be identifiable in all streams for success criteria to be met in each monitoring year. 11.2 WETLANDS Groundwater monitoring gauges will be installed at the Site in locations depicted on Figure 10 in an effort to take measurements after hydrological modifications are performed. Hydrological sampling will continue throughout the growing season at intervals necessary to satisfy jurisdictional hydrology success criteria (USEPA 1990). In addition, an on-site rain gauge will document rainfall data for comparison of groundwater conditions with extended drought conditions and floodplain crest gauges may be installed to confirm overbank flooding events. 11.2.1 Wetland Success Criteria Monitoring and success criteria for wetland re-establishment should relate to project goals and objectives. From a mitigation perspective, several of the goals and objectives are assumed to be functionally elevated by restoration activities without direct measurement. Other goals and objectives will be considered successful upon achieving vegetation success criteria. The following summarizes wetland success criteria related to goals and objectives. According to the Soil Survey of Alamance County, the growing season occurs from April 17 — October 22. However, the start date for the growing season is not typical for the Piedmont region; therefore, for purposes of this project gauge hydrologic success will be determined using data from March 1 - October 22 to more accurately represent the period of biological activity. For wetland success criteria, March 1 shall be the earliest a growing season may start. Confirmation of the growing season must be accompanied by evidence of biological activity (bud burst and soil temperature). The growing season will not be considered to have started on March 1 if bud burst and soil temperature data do not meet the criteria outlined below. Based on growing season information outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (USACE 2012), this will be confirmed annually by soil temperatures exceeding 41 degrees Fahrenheit at 12 inches depth and/or bud burst. Bud burst is expected to follow the definition of "above ground growth" as outlined in the regional supplement (USACE 2012) including the emergence of herbaceous plants from the ground, appearance of new growth from vegetative crowns, sprouting seeds, green foliage visible between spreading bud scales, emergence or elongation of leaves of woody plants, and/or emergence of flowers. Bud burst, or "above ground growth" is expected to Rocky Top Bank Site Mitigation Plan page 36 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC be observed on two, or more species of plant to satisfy this criteria. Photographic evidence of bud burst and field logs of date and temperature will be included in the annual monitoring reports. Target hydrological characteristics include saturation or inundation for 10 percent of the monitored period (March 1 -October 22), during average climatic conditions. During years with atypical climatic conditions, groundwater gauges in reference wetlands may be used to ascertain if hydrology data may be modified by the IRT for that particular year. Reference gauge data is not proposed to alter growing season lengths, or hydrology success criteria without consent for the IRT.. 11.3 VEGETATION After planting has been completed in winter or early spring, an initial evaluation will be performed to verify planting methods and to determine initial species composition and density. Supplemental planting and additional Site modifications will be implemented, if necessary. During quantitative vegetation sampling, sample plots (10 -meter by 10 -meter) will be installed within the Site as per guidelines established in CYS-EEP Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). In each sample plot, vegetation parameters to be monitored include species composition and species density. Visual observations of the percent cover of shrub and herbaceous species will also be documented by photograph. 11.3.1 Vegetation Success Criteria An average density of 320 planted stems per acre must be surviving in the first three monitoring years. Subsequently, 290 planted stems per acre must be surviving in year 4, 260 planted stems per acre in year 5, and 210 planted stems per acre in year 7. In addition, planted vegetation must average 10 feet in height in each plot at year 7 since this Site is located in the Piedmont. Volunteer stems may be considered on a case-by-case basis in determining overall vegetation success; however, volunteer stems should be counted separately from planted stems. 11.4 MACROINVERTEBRATES Macroinvertebrate sampling will be conducted in accordance with the "Qual 4" method described in Standard Operating Procedures for Collection and Analysis of Benthic Macroinvertebrates (NCDWQ 2012). In addition, sampling will occur during the "index period" regerenced in Small Streams Biocriteria Development (NCDWQ 2009). Results will be presented on a site -by -site basis and will include a list of taxa collecter, an enumeration of Ephemeroptera, Plecoptera, and Tricopetera taxa as well as Biotic Index values. Baseline data can be found in Appendix E and sampling locations are depicted in Figure E1 (also Appendix E). 12.0 MAINTENANCE AND CONTINGENCY PLAN The Sponsor shall monitor the Site on a regular basis and shall conduct a physical inspection a minimum of once per year throughout the post -construction monitoring period until performance standards are met. These inspections may identify components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following construction and are summarized as follows. Rocky Top Bank Site Mitigation Plan page 37 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 12.1 VEGETATION Vegetation will be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical (i.e. chainsaw) and/or chemical (i.e. basal bark herbicide application) methods. Any vegetation control requiring herbicide application & soil fertilization will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations & 15A NCAC 02B .0233. If vegetation Performance Standards are not achieved based on average density calculations from combined plots over the entire restoration area, supplemental planting may be performed with tree species approved by regulatory agencies. Supplemental planting will be performed as needed until achievement of vegetation success criteria. 12.2 STREAMS In the event that stream Performance Standards are not fulfilled, a mechanism for contingency will be implemented. Stream contingency may include, but are not limited to 1) structure repair and/or installation; 2) repair of dimension, pattern, and/or profile variables; and 3) bank stabilization. The method of contingency is expected to be dependent upon stream variables that are not in compliance with Performance Standards. Primary concerns, which may jeopardize stream success include: 1) structure failure, 2) headcut migration through a Site, and/or 3) bank erosion. Structure Failure In the event that structures are compromised the affected structure will be repaired, maintained, or replaced. Once the structure is repaired or replaced, it must function to stabilize adjacent stream banks and/or maintain grade control within the channel. Structures which remain intact, but exhibit flow around, beneath, or through the header/footer will be repaired by excavating a trench on the upstream side of the structure and reinstalling filter fabric in front of the pilings. Structures which have been compromised, resulting in shifting or collapse of header/footer, will be removed and replaced with a structure suitable anticipated stormwater flows. Headcut Migration In the event that a headcut occurs (identified visually or through measurements [i.e. bank -height ratios exceeding 1.4]), provisions for impeding headcut migration and repairing damage caused by the headcut will be implemented. Headcut migration may be impeded through the installation of in -stream grade control structures (rip -rap sill and/or log cross -vane weir) and/or restoring stream geometry variables until channel stability is achieved. Channel repairs to stream geometry may include channel backfill with coarse material and stabilizing the material with erosion control matting, vegetative transplants, and/or willow stakes. Bank Erosion In the event that severe bank erosion occurs, resulting in elevated width -to -depth ratios, contingency measures to reduce bank erosion and width -to -depth ratio will be implemented. Bank erosion contingency measures may include the installation of log -vane weirs and/or other bank stabilization measures. If the resultant bank erosion induces shoot cutoffs or channel abandonment, a channel may be excavated which will reduce shear stress to stable values. Rocky Top Bank Site Mitigation Plan page 38 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 12.3 WETLAND HYDROLOGY Hydrological contingency will require consultation with hydrologists and regulatory agencies if wetland hydrology enhancement is not achieved. Hydrologic contingency actions may include: floodplain surface modifications such as construction of ephemeral pools, deep ripping of the soil profile, supplemental planting, and/or maintenance to areas of the wetland where stormwater or floodplain flows are intercepted to prevent scour. Recommendations for contingency to establish wetland hydrology may be implemented and monitored until hydrology success criteria are achieved. In the event that beaver become a nuisance within the Site, beaver management will be initiated and continued on an as -needed basis in accordance with North Carolina Wildlife Resource Commission (NCWRC) rules and regulations. 12.4 SITE BOUNDARIES Boundaries shall be identified in the field to ensure clear distinction between the Site and adjacent properties. Boundaries may be identified by marker, bollard, ox_post as_allowed by Site conditions Deleted- fence, and/or conservation easement. Disturbed, damaged, or destroyed boundary markers will be Deleted: , tree -blazing, or other means repaired and/or replaced on an as needed basis. 12.5 TERRACELL DROP STRUCTURES Terracell drop structures will be monitored annually at a minimum. In the event of erosion or scour within the structure, maintenance may include structure repair, chinking of the structure to prevent piping, securing of loose coir -fiber matting, and/or supplemental planting of live stakes and erosion control grasses. In the event that debris clogs or inhibits flow over the structure, manual or mechanical removal of debris will occur; maintenance is only expected until the structure naturalizes. 13.0 LONG-TERM MANAGEMENT PLAN The Site will be protected under the terms outlined in the Site's perpetual conservation easement. The conservation easement will prohibit incompatible uses that might jeopardize the objectives of the Site. The North Carolina Wildlife Habitat Foundation ("NCWHF") will be the conservation easement holder. NCWHF has requested, and the Sponsor has agreed to provide, twenty thousand Deleted: NCWHF maintains an endowment for the purpose of ._--- ($20,000) dollars at the conservation easement's closing to hold the Site's easement. monitoring dna enforcement conservation easements it bolas ("General Stewardship Fund"). NCWHF will require done -time ). contribution from the Sponsor to NCWHF's General Stewardship In addition to servingas the conservation easement older, NCWHF will also be responsible for ___p--------------____-, Fund sufficient to support NCWHF's responsibilities under the Site's conservation easements, payable at time of easement closing long-term management of the Site per the requirements of the Bank UMBI and this Bank Site -- Deleted: stewardship Mitigation Plan. As the Site has been designed to be self-sustaining, the Site's long-term management activities will be limited to routine boundary inspections and, when necessary, marking Site boundaries to ensure clear identification of conservation areas.l _Per their .,.- Deleted: - z responsibilities as the Site's easement holder, NCWHF will inspect boundaries annually to monitor for encroachment. During these inspections, as the Site's long-term manager, the condition of t While the Sponsor will construct fencing along easement boundaries as well as creek crossings between easements as part of this Bank Site Mitigation Plan, all fencing and crossing maintenance following Bank Site closeout shall be the responsibility of the associated landowne; which will be clearly set out in the Site's final conservation easement. - Deleted: . Therefore, fencing/crossing maintenance and/or replacement is not part of the Site's Long-term Management Plan. Rocky Top Bank Site Mitigation Plan page 39 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC boundary markings (i.e., signs) will be noted and replaced as needed. The Sponsor has agreed to provide to NCWHF an additional five thousand ($5,000) dollars at the conservation easement closing to fund the Site's long-term management. For the purposes of calculating the 4mount required to fund long-term management (see Appendix = - Deleted: Long-term Management Fund ( Fj the following assumptions and inputs were used: 1) during the implementation of this Bank ---- Deleted:) Site Mitigation Plan, fifty (50) signs will be installed and an additional fifty (50) replacement signs will be purchased by the Sponsors 2) these signs have a 50-year__life; _ however, complete --- Deleted: at no cost to the Long-term Management Fund replacement will occur every 20 years; 3) in today's US dollars, it costs $300 to purchase 50 signs and requires four hours of labor ($200) to install 50 signs at the Site; and 4) although NCWHF will use revenues generated from the $20,000 required for easement holding (discussed above) tpp�� Deleted: their General stewardship Fund inspect boundaries, additional funds were included to ensure completion of boundary inspection 9II 14.0 ADAPTIVE MANAGEMENT PLAN Any changes that may occur in the mitigation plan due to unanticipated construction constraints will be adapted accordingly to meet Performance Standards outlined above (Section 11.0). The Sponsor or its assigns will visit the Site at least annually to check the status of aquatic resources. Likely challenges are limited, but may include a loss of vegetation structure due to natural or man- made causes including mortality of existing mature trees as the result of changes in hydrology, a growing presence of invasive species, or some type of contaminated spill upstream of the Site. In the event that unforeseen changes occur that affect the management or Performance Standards of the Site during its operational period, the Sponsor will utilize the maintenance plan outlined above (Section 12.0 Maintenance and Contingency Plan) and work with the IRT to determine appropriate measures to rectify deficiencies at the Site in order to provide targeted aquatic functions. If such unforeseen changes occur the Sponsor will obtain additional permits as necessary and will provide the USAGE a Record Drawing of corrective actions that depict the extent and nature of the work performed. 15.0 FINANCIAL ASSURANCES Prior to the first credit release, and over the operational life of the Site, the Sponsor shall provide financial assurances sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required pursuant to the Bank UMBI. Such assurances shall be separated into two types, identified as follows: 1) mitigation plan implementation (herein after referred to as "Implementation Assurance"), which shall assure the Site's construction, monitoring and maintenance phases; and 2) maintenance and monitoring (herein after referred to as "Maintenance and Monitoring Assurance") following the full implementation of the Mitigation Work Plan detailed in Section 10.0 of this Bank Site Mitigation Plan, which effectively replaces or reduces the value of the Implementation Assurance. 15.1 IMPLEMENTATION ASSURANCE The Implementation Assurance shall consist of aperformance bond in a form substantially similar -- Deleted: either to the draft provided in Appendix G underwritten byasurety company licensed to do business in -- — Deleted: F North Carolina with a Best's current rating of not less than "A. The total value of such bond shall be one hundred twenty nine thousand eight hundred dollars ($129,800.00). Rocky Top Bank Site Mitigation Plan page 40 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Number: 1 Author: K7RG9TT9 Subject: Highlight Date: 2/24/2017 9:09:01 AM For consistency with other plans, should have a paragraph following this sentence that states: "In support of NCWHF as the Site's easement holder and long-term manager, the Sponsor will provide a lump sum payment of twenty-five thousand ($25,000) dollars to NCWHF at the time of conservation easement closing, prior to the Site's initial credit release. This payment includes funds to support NCWHF's role as the easement holder ($20,000) and additional funds to support long-term management ($5,000)." 15.2 MAINTENANCE AND MONITORING ASSURANCE Following the Site's construction, the Implementation Assurance shall be replaced with another performance bond. The replacement bond shall be in a form substantially similar to the draft provided in Appendix _q._ The total value of such bond shall be twenty seven thousand five -.--- Deleted: F hundred dollars ($27,500). - -- -- ---- --------------------------------- ............... 15.3 OTHER FINANCIAL ASSURANCE REQUIREMENTS Financial,4ssurances shall be payable to the Site's easement holder and financial assurance obligee, ...- Deleted: assurance - - - -- NCWHF. In addition, financial assurances shall contain a provision ensuring the District Engineer receives notification at least 120 days in advance of any termination or revocation. 16.0 CONCLUSIONS The development of the Rocky Top Bank Site Mitigation Plan under the terms and conditions of the Cape Fear 02 Umbrella Mitigation Bank will result in the ecological improvement of 1,273 linear feet of stream and 0.5 acre of wetland. The Site has the potential to provide 1,007.2 SMUs and 0.35 WMUs through the restoration, enhancement, and permanent protection of 5 -acres surrounding several currently impacted streams and wetlands in Alamance County, North Carolina. Rocky Top Bank Site Mitigation Plan page 41 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 17.0 REFERENCES Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classifications of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Gordon, N.D., T.A. McMahon, and B.L. Finlayson. 1992. Stream Hydrology: an Introduction for Ecologists. John Wiley & Sons, Ltd. West Sussex, England. Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelboume. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Harman, W.A., G.D. Jennings, J.M. Patterson, D.R. Clinton, L.A. O'Hara, A. Jessup, R. Everhart. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. N.C. State University, Raleigh, North Carolina. Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2006. CVS-EEP Protocol for Recording Vegetation, Level 1-2 Plot Sampling Only. Ecosystem Enhancement Program, North Carolina Department of Environment and Natural Resources. 11 pp. Natural Resources Conservation Service (MRCS). 2014. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/app/ [January 9, 2014]. United States Department of Agriculture. North Carolina Division of Water Quality (NCDWQ). 2001. Benthic Macroinvertebrate Monitoring Protocols for Compensatory Mitigation. 401/Wetlands Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2005. Cape Fear River Basinwide Water Quality Plan. Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=2eddbd59-b382-4b5 8-97ed- c4049bf4e8e4&groupId=38364. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2006. Standard Operating Procedures for Benthic Macroinvertebrates. Biological Assessment Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. Rocky Top Bank Site Mitigation Plan page 42 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC North Carolina Division of Water Quality (NCDWQ). 2012. Final North Carolina Water Quality Assessment and Impaired Waters List (2012 Integrated 305(b) and 303(d) Report) (online). Available: http://portal.ncdenr.org/web/wq/ps/mtu/assessment [January 9, 2014]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2014. 2014 NC 303(d) List — Category 5 Final December 19, 2014 (online). Available: http://por-tal.ncdenr.org/c/document_library/get_file?uuid=28b97405-5 5 da-4b21-aac3- f580ee810593&groupId=38364 [October 28, 2015]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2015. North Carolina Water Bodies Report (online). Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=l Oc60296-dcc8-439f-a41 c- d475ea7adlfa&groupld=38364 [April 2015]. North Carolina Department of Environment and Natural Resources, Raleigh. North Carolina Ecosystem Enhancement Program (NCEEP 2009). Cape Fear River Basin Restoration Priorities 2009 (online), Available http://portal.ncdenr.org/c/document_library/get_file?uuid=864e82e8-725 c-415 e-8ed9- c72dfcb55012&groupId=60329 North Carolina Ecosystem Enhancement Program (NCEEP 2011). Monitoring Requirements and Performance Standards for Stream and/or Wetland Mitigation. North Carolina Stream Functional Assessment Team. (NC SFAT 2015). N.C. Stream Assessment Method (NC SAM) User Manual. Version 2.1. Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology (Publisher). Pagosa Springs, Colorado Schafale, M and Weakley, A. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation. Raleigh, North Carolina United States Army Corps of Engineers, United States Environmental Protection Agency, North Carolina Wildlife Resources Commission, North Carolina Division of Water Quality (USAGE et al.). 2003. Stream Mitigation Guidelines. Unites States Army Corps of Engineers (USAGE). 2010. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region. United States Census Bureau (USCB). 2013. Population estimates V.2013. http://quickfacts.census.gov/gfd/states/37000.html Rocky Top Bank Site Mitigation Plan page 43 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC United States Department of Agriculture (USDA). 1960. Soil Survey of Alamance County, North Carolina. Soils Conservation Service, United States Department of Agriculture. United States Department of Agriculture (USDA). 1908. Soil Survey of Caswell County, North Carolina. Soils Conservation Service, United States Department of Agriculture. United States Environmental Protection Agency (USEPA). 1990. Mitigation Site Type Classification (MiST). USEPA Workshop, August 13-15, 1989. EPA Region IV and Hardwood Research Cooperative, NCSU, Raleigh, North Carolina. United States Fish and Wildlife Service (USFWS). 2015. Threatened and Endangered Species in North Carolina (online). Available: http://www.fws.gov/nc-es/es/countyfr.html. (April 17, 2015]. United States Fish and Wildlife Service, Raleigh, North Carolina. United States Geological Survey (USGS). 2006. Estimating the Magnitude and Frequency of Floods in Rural Basins of North Carolina — Recompiled. USGS Water -Resources Investigations Report 01-4207. Raleigh, North Carolina. Rocky Top Bank Site Mitigation Plan page 44 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX A JURISDICTIONAL DETERMINATION PACKAGE Rocky Top Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX B BANK SITE CONSERVATION EASEMENT Rocky Top Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX C. MORPHOLOGY TABLES AND EXISTING STREAM CHARACTERISTIC DATA Rocky Top Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX D. FLOOD FREQUENCY ANALYSIS DATA Rocky Top Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX E. PRECONSTRUCTION BENTHIC MACROINVERTEBRATE DATA Rocky Top Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX F. DRAFT FINANCIAL ASSURANCE Rocky Top Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page 24: [1] Deleted Adam Riggsbee 2/7/17 10:36:00 AM Proof of establishment and full funding of Long-term Management Fund. Page 39: [2] Deleted Adam Riggsbee 2/7/171 AM A separate endowment fund ("Long-term Management Fund"), to be held by NCWHF, will be established by the Sponsor to support long-term management activities after Bank Site closeout. Based on the calculations presented in Appendix F, the Long-term Management Fund shall consist of an initial principal investment of $5,000 (see Appendix F for principal calculations), which will be funded as a required milestone for the Site's Year 7 credit release (see Table 15). DRAFT BANK SITE MITIGATION PLAN CAPE FEAR 02 UMBRELLA MITIGATION BANK DEVELOPED THROUGH RESTORATION AND ENHANCEMENT OF THE ORPHAN CREEK BANK SITE Alamance County, North Carolina Axiom Environmental, Inc PREPARED BY: RESTORATION SYSTEMS, LLC 1101 HAYNES STREET, SUITE 211 RALEIGH, NORTH CAROLINA 27604 AND AXIOM ENVIRONMENTAL, INC. 218 SNOW AVENUE RALEIGH, NORTH CAROLINA 27603 YEBRUARY 2017--- Deleted: OCTOBER 2016 ____- —Section Break (Continuous) EXECUTIVE SUMMARY Restoration Systems, LLC proposes the Orphan Creek Bank Site Mitigation Plan for inclusion into the Cape Fear 02 Umbrella Mitigation Bank. Phase I of the Cape Fear 02 Umbrella Mitigation Bank includes the proposed restoration and enhancement of four stream and wetland mitigation sites in the Haw River Basin, which is also referred to as the Cape Fear 02 watershed. The Phase I Bank Sites (Bank Sites) are comprised of the following: 1) Motes Creek in Alamance County, 2) Benton Branch in Caswell County, 3) Orphan Creek in Alamance County, and 4) Rocky Top in Alamance County (Figures 1 and 2). This detailed Bank Site Mitigation Plan describes the Orphan Creek Bank Site (hereafter referred to as the "Site"), located approximately 2 miles north of Saxapahaw, NC and 7 miles southeast of Graham, NC. The Orphan Creek Site encompasses 7 acres of land located 2,000 feet north of the intersection of Payne Road and Salem Church Road (Figure 3). Directions to the Site from Saxapahaw are as follows. From Saxapahaw From Church Rd. and Jordan Dr. intersection, go north on Jordan Dr. — 0.1 mile Jordan Dr. becomes Saxapahaw Bethlehem Church Rd. — 1.8 miles Turn right on Payne Rd. — 0.7 mile Site is on left; access site using driveway to barn and agriculture fields. Site Coordinates: 35.978992, -79.315216 The Site is characterized by hay fields and livestock pasture. Livestock have unrestricted access to the Site's streams. A narrow riparian fringe has developed on the stream margins composed of opportunistic species and a few mature trees. Currently, the Site includes approximately 2,554 linear feet of perennial and intermittent stream channels, which are accessible by livestock, cleared of forest vegetation, deeply incised, and receive nonpoint source inputs including livestock waste. In addition, Site floodplains are characterized by 0.1 acre of hydric soil/jurisdictional wetland. Jurisdictional wetlands are contained within the stream banks that have been widened by hoof shear and are characterized by near permanent saturation from stream hydrology. The main hydrologic features include four unnamed tributaries (UT) to Meadow Creek, and adjacent floodplains. Existing Site reaches are classified as unstable G -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal. Stream and wetland mitigation activities at the Site involve Stream Restoration, Stream Enhancement (Level I), and Wetland Enhancement. Stream Mitigation is expected to result in approximately 2,615 linear feet of stream channel and will generate 2,420 Stream Mitigation Units. Overall, & implementation of this Bank Site Mitigation Plan will result in the temporaryloss ofDeleted: wetland 0.02 acre of jurisdictional wetland. However, this loss will be more than offset by - the - re -wetting Deleted: The net loss results from a stream crossing to be ------------------------------------------------set-------------------- - of floodplain hydric soils following channel restoration. The overall uplift in the existing onsite installed at the upper reaches of UT 2. wetlands will result in 0.1 acre of Wetland Enhancement and 0.05 Riparian Wetland Mitigation Units. Deleted: Orphan Creek Bank Site Mitigation Plan Table of Contents page i Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC TABLE OF CONTENTS EXECUTIVE SUMMARY.............................................................................................................I 1.0 INTRODUCTION.....................................................................................................................1 2.0 0 JECTIVES............................................................................................................................2 2.1 SITE SPECIFIC MITIGATION GOALS..............................................................................................3 3.0 WATERSHED APPROACH.......................................................................................................7 3.1 ANK SITE SELECTION..............................................................................................................7 4.0 ANK SITE PROTECTION........................................................................................................9 5.0 REFERENCE STUDIES..............................................................................................................9 5.1 CHANNEL CLASSIFICATION........................................................................................................9 5.2 REFERENCE FOREST ECOSYSTEM..............................................................................................11 6.0 ASELINE INFORMATION....................................................................................................11 6.1 EXISTING CONDITIONS...........................................................................................................12 7.0 CHANNELSTA ILITYASSESSMENT......................................................................................16 7.1 STREAM POWER...................................................................................................................16 7.2 SHEAR STRESS......................................................................................................................17 7.3 STREAM POWER AND SHEAR STRESS METHODS AND RESULTS........................................................18 7.4 ANKFULL VERIFICATION........................................................................................................19 8.0 POTENTIAL CONSTRAINTS...................................................................................................20 8.1 SITE ACCESS........................................................................................................................21 8.2 UTILITIES.............................................................................................................................21 8.3 FEMA/HYDROLOGIcTRESPASS...............................................................................................21 8.4 FEDERALLY PROTECTED SPECIES...............................................................................................21 8.5 STATE LISTED SPECIES............................................................................................................21 9.0 CREDIT DETERMINATION AND RELEASE..............................................................................22 9.1 CREDIT DETERMINATION........................................................................................................22 9.2 STREAM CREDIT RELEASE SCHEDULE..........................................................................................23 9.3 WETLAND CREDIT RELEASE SCHEDULE......................................................................................25 10.0 MITIGATION WORK PLAN..................................................................................................26 10.1 RESTORATION PROJECT GOALS AND 0 JECTIVES.......................................................................26 10.2 STREAM AND WETLAND DESIGN............................................................................................26 10.3 STREAM RESTORATION........................................................................................................27 10.4 STREAM ENHANCEMENT LEVEL I............................................................................................2_9 _ Deleted: 28 10.5 WETLAND RESTORATION AND ENHANCEMENT..........................................................................29 10.6 PLANT COMMUNITY RESTORATION.........................................................................................330 Deleted: 29 10.7 PLANTING PLAN.................................................................................................................30 10.8 NUISANCE SPECIES MANAGEMENT......................................................................................... -_"- Deleted: 32 10.9 SOIL MANAGEMET AND EROSION CONTROL MEASURES..............................................................333 _ Deleted: 32 11.0 PERFORMANCE STANDARDS AND MONITORING REQUIRMENTS..................................... A --------- Deleted: 32 11.1 STREAMS.......................................................................................................................... 335�__ ---- Deleted: 34 11.2 WETLANDS........................................................................................................................ - - Deleted: 35 11.3 VEGETATION...................................................................................................................... --------" f Deleted: 35 11.4 12.0 12.1 12.2 MACROINVERTE RATES........................................................................................................336 -- MAINTENANCE AND CONTINGENCY PLAN........................................................................3-"_ VEGETATION...................................................................................................................... �37- STREAMS.......................................................................................................................... 37 Orphan Creek Bank Site Mitigation Plan Table of Contents page ii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 12.3 12.4 13.0 14.0 15.0 15.1 15.2 15.3 16.0 17.0 SITEOUNDARIES...............................................................................................................3 Site Locations Map TERRACELL DROP STRUCTURES.............................................................................................. 38 .,-..- LONG-TERM MANAGEMENT PLAN...................................................................................3�__ ---- ADAPTIVE MANAGEMENT PLAN.......................................................................................3�__- Topography and Drainage Area FINANCIAL ASSURANCES ...................................................................................................39 _--' IMPLEMENTATION ASSURANCE..............................................................................................A "- MAINTENANCE AND MONITORING ASSURANCE ........................................................................4�0 OTHER FINANCIAL ASSURANCE REQUIREMENTS ........................................................................4A CONCLUSIONS...................................................................................................................49 REFERENCES......................................................................................................................4L APPENDICES Appendix A. Jurisdictional Determination Appendix B. Bank Site Conservation Easement Appendix C. Morphology Tables and Existing Conditions Stream Data Appendix D. Flood Frequency Analysis Appendix E. Preconstruction Benthic Macroinvertebrate Data Appendix F. Draft Financial Assurance LIST OF FIGURES L[gure 1. Site Locations Map Figure 2. Bank Hydrologic Unit Map Figure 3. Orphan Creek Site Location Figure 4. Topography and Drainage Area Figure 5. Existing Conditions and Soils Figures 6A -6B. Restoration Plan Figure 7. Proposed Dimension Pattern and Profile Figures 8A -8B. Typical Structure Details Figure 9. Planting Plan Figure 10. Monitoring Plan Figure Cl. Orphan Creek Cross-section Locations Figure E1. Orphan Creek Benthic Sampling Locations Orphan Creek Bank Site Mitigation Plan Table of Contents page iii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page: 75 i Number: 1 Author: K7RGLDEB Subject: Comment on Text Date: 2/13/2017 3:20:06 PM In final submission, need to see updated figures ensuring that the titles say "Cape Fear 02 Umbrella Mitigation Bank" LIST OF TABLES Table1. Credit Summary ................................................................................_................._...........................2 Table 2A. Hydrological Functional Objectives and Proposed Actions........................................................2 Table 2B. Water Quality Functional Objectives and Proposed Actions.......................................................3 Table 2C. Habitat Functional Objectives and Proposed Actions..................................................................3 Table3A. NC SAM......................................................................................................................................4 Table3B. NC WAM.....................................................................................................................................5 Table 3C. Project Goals and Objectives.......................................................................................................6 Table 3D. Mitigation Activities and Credit Potential Summary ...................................................................7 Table 4. Population Growth in Cape Fear 02...............................................................................................8 Table5. Watershed Stressors........................................................................................................................9 Table 6. Reference Bankfull Cross -Sectional Area....................................................................................10 Table 7. Reference Forest Ecosystem......................................................................................................... l l Table8. Soils..............................................................................................................................................14 Table 9. Existing Stream Characteristics....................................................................................................15 Table 10. Stream Power (S2) and Shear Stress (i) Values...........................................................................19 Table 11. Reference Reach Bankfull Discharge Analysis..........................................................................20 Table 12. Federal Species of Concern ........................................................................................................22 Table 13. Mitigation Reach -by -Reach Credit Determination Summary ....................................................22 Table 14. Mitigation Activity and Credit Determination Summary ...........................................................23 Table 15. Stream Credit Release Schedule.................................................................................................24 Table 16. Wetland Credit Release Schedule...............................................................................................25 Table 17. Construction Time Frame...........................................................................................................26 Table18. Mitigation Totals.........................................................................................................................27 Table 19. Orphan Creek Planting Plan ......................................................................................................._ Deleted: 31 Table 20. Metric Monitoring and Success Criteria..................................................................................... ._ Deleted: 33 Table C -Reference. Reference Reach Morphological Stream Characteristics ........................... Appendix C Table Cl. Orphan Creek Morphological Stream Characteristics............................................... Appendix C Orphan Creek Bank Site Mitigation Plan Table of Contents page iv Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC DRAFT BANK SITE MITIGATION PLAN CAPE FEAR 02 UMBRELLA MITIGATION BANK RESTORATION AND ENHANCEMENT OF THE ORPHAN CREEK BANK SITE Alamance County, North Carolina 1.0 INTRODUCTION Restoration Systems, LLC (the Sponsor) is pleased to propose the Orphan Creek Mitigation Bank Site (hereafter referred to as the "Site") for inclusion into the Cape Fear 02 Umbrella Mitigation Bank (the Bank). The Site is located approximately 2 miles north of Saxapahaw and 7 miles southeast of Graham. The Orphan Creek Site encompasses 7 acres of land located 2,000 feet north of the intersection of Payne Road and Salem Church Road (Figure 3). Directions to the Site from Saxapahaw are as follows. From Saxapahaw From Church Rd. and Jordan Dr. intersection, go north on Jordan Dr. — 0.1 mile Jordan Dr. becomes Saxapahaw Bethlehem Church Rd. — 1.8 miles Turn right on Payne Rd. — 0.7 mile Site is on left; access site using driveway to barn and agriculture fields. Site Coordinates: 35.978992, -79.315216 The Site is characterized by hay fields and livestock pasture. Livestock have unrestricted access to the Site's streams. A narrow riparian fringe has developed on the stream margins composed of opportunistic species and a few mature trees. Currently, the Site includes approximately 2,554 linear feet of perennial and intermittent stream channels, which are accessible by livestock, cleared of forest vegetation, deeply incised, and receive nonpoint source inputs including livestock waste. In addition, Site floodplains are characterized by 0.1 acre of hydric soil/jurisdictional wetland. Jurisdictional wetlands are contained within the stream banks that have been widened by hoof shear and are characterized by near permanent saturation from stream hydrology. The main hydrologic features include four unnamed tributaries (UT) to Meadow Creek, and adjacent floodplains. Existing Site reaches are classified as unstable G -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal. Stream and wetland mitigation activities at the Site involve Stream Restoration, Stream Enhancement (Level I), and Wetland Enhancement. Stream Mitigation is expected to result in approximately 2,615 linear feet of stream channel and will generate 2,420 Stream Mitigation Units. Overall, the implementation of this Bank Site Mitigation Plan will result in the temporary loss of = Deleted: wend 0.02 acre of jurisdictional wetland. Powever, this loss will be more than offset by the re -wetting = Deleted: The net loss results from a stream crossing no be of hydric floodplain soil following channel restoration. The overall uplift in the existing onsite installed at the upper reaches of UT 2. Orphan Creek Bank Site Mitigation Plan page I Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC wetlands will result in 0.1 acre of Wetland Enhancement and 0.05 Riparian Wetland Mitigation Units. Temporary wetland losses will be addressed during the Site's permitting process. Table 1. Orphan Creek Bank Site Credit Summary Hydro Mitigation Activities Wetland Credit Potential Stream Credit Potential Status* (WMUs) (SMUs) Perennial/ Restoration, 0.05 2,420 Intermittent* Enhancement *Note: Perennial and intermittent stream calls have not been approved by the NC Division of Water Resources and hydrologic status is for descriptive purposes only. The Site is located in the Haw River basin, or Cape Fear 02 Hydrological Unit Code (HUC) 03030002. 2.0 OBJECTIVES Proposed mitigation activities include Stream Restoration, Enhancement Level I, and Wetland Enhancement. Tables 2A -2C summarize the overall project goals/objectives and proposed actions to accomplish such goals and objectives, which address the needs of the Site's watershed and general geographic area (see sections 3.1 and 10.1 for further discussion). Table 2A. Hvdrological Functional Obiectives and Proposed Actions Hydrological Improvement Objectives Proposed Actions Floodplain Connectivity Reconnect channels with historic floodplains Floodplain Resistance Plant woody riparian buffers; increase microtopography Stream Stability & Reconstruct stream channels, sized to convey bankfidl discharges and watershed sediment supplies Sediment Transport Channels constructed or raised to historic floodplain Surface and Subsurface Storage and elevations; increased floodplain hydraulic resistance Retention by planting woody vegetation and increasing microtopography (Remainder ofpage intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 2 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 2B. Water Quality Functional Objectives and Proposed Actions Water Quality Improvement Objectives Proposed Actions Cattle exclusion and/or cessation of agricultural Remove Pollutant Sources practices Plant woody riparian buffers; construct marsh Upland Pollutant Filtration treatment features intercepting overland flows Increase floodplain connectivity; plant woody Floodplain Biogeochemical Processing riparian buffers; increase microtopography; construct marsh treatment areas Thermal Regulation Plant woody riparian buffers to provide shade Table 2C. Habitat Functional Objectives and Proposed Actions Habitat Functional Improvement Objectives Proposed Actions Construct stable channels, geomorphology designed In -channel Habitat to increase hydraulic and bedform habitat heterogeneity Plant native, woody riparian buffers providing Riparian Habitat and Structure foraging, nesting, and cover for terrestrial species as well as refugia for aquatic species 2.1 SITE SPECIFIC MITIGATION GOALS Site specific mitigation goals and objectives have been developed through the use of functional assessment analyses of existing stream and wetland systems at the Site. Functional assessment methods include NC Stream Assessment Method (NC SAM) and NC Wetland Assessment Method (NC WAM). These methodologies rate functional metrics for streams and wetlands as high, medium, or low based on field data collected on forms and transferred into a rating calculator. Using Boolean logic, the rating calculator assigns a high, medium, or low value for each metric and overall function of the stream or wetland area. 2.1.1 Mitigation Goals Mitigation goals and objectives proposed for the Site are based on functional metrics identified by the NC SAM and NC WAM rating calculator. Functional metrics have been developed by regulatory agencies and are summarized in the Tables 3A and 3B. Site functional assessment data forms are included in Appendix A (JD Package). Orphan Creek Bank Site Mitigation Plan page 3 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Mitigation activities include Stream Restoration, Stream Enhancement (Level I and II), Wetland Restoration, and Wetland Enhancement. Tables 3A and 313 summarize the NC SAM and NC WAM metrics targeted and the corresponding mitigation activities proposed to provide functional uplift. Metrics targeted to meet the Site's goals and objectives are depicted in bold in. Table 3A. Orphan Creek Bank Site NC SAM Summary NC SAM Function Class Rating Summary UT 1 UT 3 (1) HYDROLOGY LOW LOW (2) Baseflow HIGH HIGH (2) Flood Flow LOW LOW (3) Streamside Area Attenuation LOW LOW (4) Floodplain Access LOW MEDIUM (4) Wooded Riparian Buffer LOW LOW (4) Microtopography NA NA (3) Stream Stability LOW MEDIUM (4) Channel Stability LOW HIGH (4) Sediment Transport LOW LOW (4) Stream Geomorophology LOW MEDIUM (1) WATER QUALITY MEDIUM LOW (2) Baseflow HIGH HIGH (2) Stream -side Area Vegetation LOW LOW (3) Upland Pollutant Filtration LOW LOW (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors YES YES (2) Aquatic Life Tolerence HIGH MEDIUM (1) HABITAT LOW LOW (2) In -stream Habitat LOW LOW (3) Baseflow HIGH HIGH (3) Substrate LOW LOW (3) Stream Stability LOW HIGH (3) In -Stream Habitat LOW LOW (2) Stream -side Habitat LOW LOW (3) Stream -side Habitat LOW LOW (3) Thermoregulation LOW LOW OVERALL LOW LOW (Remainder ofpage intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 4 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 3B. Orphan Creek NC WAM Summary NC WAM Sub -function Rating Summary UT1,3 Wetland Type HF Wetland ID GA,GB (1)HYDROLOGY LOW (2) Surface Storage & Retention LOW (2) Sub -surface Storage and Retention LOW (1) WATER QUALITY LOW (2) Pathogen change LOW (2) Particulate Change LOW (2) Soluble change HIGH (2) Physical Change LOW (1) HABITAT LOW (2) Physical Structure LOW (2) Landscape Patch Structure LOW (2) Vegetative Composition LOW OVERALL LOW Wetland Type - HF (Hardwood Forest) Wetland ID - See JD mapping for locations of Wetlands (Remainder ofpage intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 5 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 3C. Functional Goals/Objectives and Corres ondin Mitigation Work Plan Components Functional Goals/Objectives Mitigation Work Plan Components (1) Hvdroloev (2) Flood Flow Building a stable channel with a cobble/gravel bed and planting a woody (3) Streamside Area Attenuation Building a new channel at the historic floodplain elevation to restore (3) Substrate overbank flows (4) Floodplain Access move appropriate sediment loads; stabilizing channel banks; and (4) Wooded Riparian Buffer Planting a native, woody riparian buffer (3) Stream Stability Planting a woody riparian buffer (4) Channel Stability Providing proper channel width, depth, pattern, and profile to adequately (4) Sediment Transport move appropriate sediment loads; stabilizing channel banks; providing (2) Landscape Patch Structure gravel/cobble substrate; and planting a woody riparian buffer (4) Stream Geomorphology passage (2) Vegetative Composition Building a new channel at the historic floodplain elevation restoring (2) Surface Storage and Retention overbank flows, removing cattle, scarifying compacted soils, and planting woody vegetation (2) Subsurface Storage and Retention Removing cattle, ripping compacted soils, and planting a woody riparian buffer (2) Stream -side Area Vegetation Pollutant Filtration Water Removing cattle, planting a native woody riparian buffer (2) Indicators of Stressors I Removing cattle and other agricultural inputs (2) Pathogen Change Raising the stream bed elevation, restoring overbank flows, planting with (2) Particulate Change woody vegetation, removing cattle, increasing surface storage and retention, and restoring appropriate inundation/duration (1) Habitat (2) In-gtream Habitat Building a stable channel with a cobble/gravel bed and planting a woody riparian buffer (3) Substrate Providing proper channel width, depth, pattern, and profile to adequately (3) Stream Stability move appropriate sediment loads; stabilizing channel banks; and (3) In -stream Habitat providing gravel/cobble substrate (2) Stream -side Habitat Planting a woody riparian buffer (2) Physical Structure Building a stable channel with a cobble/gravel bed and planting a woody riparian buffer (2) Landscape Patch Structure Provide wooded, riparian corridors through agricultural areas for wildlife passage (2) Vegetative Composition Planting a woody riparian buffer (Remainder of page intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 6 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Site mitigation activities, anticipated final stream lengths, wetland areas, and applicable mitigation ratios are depicted in Table 3D. Table 31). Mitigation Activities and Credit Potential Summary Proposed Mitigation Credit Potential Streams Streams Non -Credit Wetlands Mitigation Mitigation Activity (linear feet) Generating (acres) Ratio SMUs WI Formatted Table Stream Restoration 2,180 50 1:1 2,130 Stream Enhancement I 435 1.5:1 290 Stream Enhancement II 2.5:1 Wetland Restoration 1:1 Wetland Enhancement 0.10 2:1 0.05 Totals 2,615 0.10 2,420 0.05 3.0 WATERSHED APPROACH 3.1 BANK SITE SELECTION The Cape Fear River basin is one of four rivers in North Carolina completely contained within the state's boundaries. Comprised of five major drainages—Haw River, Deep River, Northeast Cape Fear River, Black River, and the Cape Fear River—the basin drains portions of 26 counties and 115 municipalities with a total of 6,386 stream miles. The most populated portions of the basin are located in the Triad, the Triangle, Fayetteville, and Wilmington (NCDWQ 2005). Primary considerations for Site selection included the potential for improvement of water quality within a region of North Carolina under heavy development and livestock/agricultural pressure. More specifically, considerations included desired aquatic resource functions; hydrologic conditions; soil characteristics; aquatic habitat diversity; habitat connectivity; compatibility with adjacent land uses; reasonably foreseeable effects the mitigation project will have on ecologically important aquatic and terrestrial resources; and potential development trends and land use changes. Site specific characteristics are summarized below, in addition to development trends and land use changes within the Cape Fear 02 watershed. Currently, the proposed Site is characterized by disturbed forest and agricultural land used for livestock grazing and hay production. A summary of existing site characteristics in favor of proposed stream and wetland activities include the following. • Streams and wetlands are accessible to livestock, and have been trampled by livestock • Streams and wetlands have been cleared of forest vegetation • Streams are deeply incised and widened by hoof shear, and exhibit bank failure Orphan Creek Bank Site Mitigation Plan page 7 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC • Stream channels have been straightened • Site receives nonpoint source inputs from livestock • Streams are classified as nutrient sensitive waters and are located in a water supply watershed (WS -V) In addition to the opportunity for ecological improvements at the Site, the use of the particular mitigation activities and methods proposed in the Mitigation Work Plan (Section 10.0) are expected to produce naturalized stream and wetland resources that will be ecologically self- sustaining, requiring minimal long-term management (see the Long-term Management Plan in Section 13.0). Development Trends and Land Use Changes in Cape Fear 02 Between the 2000 and 2010 censuses, the Cape Fear 02 population increased approximately 17 percent (Table 4). The general trend of population growth appears to be continuing according to recent population estimates, which indicate Guilford, Orange, Chatham, and Durham counties are all growing at faster annual rates than North Carolina's 1.02 percent (USCB 2013). These data suggest land development activities will increase in frequency, as will aquatic ecosystem impacts related to such development. Therefore, there is an immediate and prolonged need for compensatory stream mitigation in the watershed. Of further benefit, aquatic ecosystem restoration projects are capable of reducing nutrient loading in sensitive downstream receiving waters such as Jordan Lake. Table 4. Pouulation Growth in Cane Fear 02 Municipality 2000 Population 2010 Population Percent Increase Greensboro 223,891 269,666 20 Burlington 44,917 49,963 11 Chapel Hill 48,715 57,233 17 Durham* 187,035 228,330 22 Rest of Guilford County 421,048 488,406 11 Rest of Alamance County 130,800 151,131 18 Rest of Orange County 118,227 133,801 10 Chatham County 49,329 63,505 29 Rest of Durham County* 223,314 267,587 Totals 942,718 1,104,430 17 *Some portions of Durham (city) and Durham County are located in the Neuse River basin. located in the Cape Fear 02; the majority of these areas are The Site is located within the Cape Fear 02 14UC 03030002 (subbasin 03-06-04). According to the Cape Fear River Basinwide Water Quality Plan (NCDWQ 2005), all land uses and discharges of wastewater and stormwater in subbasin 03-06-04 potentially contribute nutrients to B. Everett Orphan Creek Bank Site Mitigation Plan page 8 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Jordan Lake. B. Everett Jordan Lake provides low -flow augmentation, flood control, recreation, fish and wildlife habitat, and water supply. The lake is impaired for aquatic life due to excessive levels of chlorophyll a in violation of current standards in all segments of the reservoir. In addition, the Site has a supplemental water quality classification of Nutrient Sensitive Waters, which include areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The proposed Mitigation Activities will reduce sediment and nutrient levels, and improve water quality within the Site and their downstream watersheds. Table 5 summarizes the water quality stressors and usage ratings for the Site's receiving waters. Table 5. Watershed Stressors and Usage Ratings Bank Site Subbasin Index # Receiving Water NCDWR Rating 303(d) status* Orphan Creek 03-06-02 16-23 Meadow Cr WS -V, NSW NL -Final 2012 303(d) status; NL = Not Listed 4.0 BANK SITE PROTECTION The Site is currently owned by Mr. Jerry Williamson of Alamance County. The Sponsor possesses an option agreement with Mr. Williamson to record conservation easements over portions of his property. Following approval of the Site by the USACE and the IRT, the Sponsor will record conservation easements over approximately 7 -acres of Mr. Williamson's property substantially in the form and location provided in Appendix B, protecting the Site in perpetuity. The North Carolina Wildlife Habitat Foundation will hold permanent conservation easements and requisite access easements. The conservation easements will contain a provision requiring a 60 -day advanced notification to the USACE before any action is taken to void or modify the conservation easements, including transfer of title or establishment of any other legal claims over the Site. 5.0 REFERENCE STUDIES Six reference reaches were identified for the Site: 1) Cedarock Park, 2) Causey Farm, 3) Lamm Property, 4) Cripple Creek, 5) Flint Rock Farm, and 6) Caswell Game Lands. Causey Farm and Cripple Creek reference sites were measured during detailed restoration planning for mitigation banks developed in 2004 and 2009, respectively. Both mitigation banks were successful projects through five years of monitoring with no issues. The Lamm Property Reference Site did not have detailed measurements taken for pattern variables; however, cross-sectional data for bankfull calculations were utilized to determine suitable design cross-section area. The streams were measured and classified by stream type (Rosgen 1996). The location of each reference site is depicted on Figure 1. 5.1 CHANNEL CLASSIFICATION Reference reach data is presented in Table C -Reference (Appendix Q. The reference reaches are characterized as E- and C-type stream channels. Sinuosity ranges from 1.14 at the Caswell Game Land to 1.46 at the Causey Farm Site; Causey Farm had slightly higher sinuosity, due to a lower valley slope, with a sand -dominated substrate. E- and C-type streams are characterized as slightly entrenched, riffle -pool channels exhibiting high sinuosity (1.3 to greater than 1.5); however, reference streams in the region typically are characterized by sinuosity values slightly lower than 1.3. These streams typically exhibit a sequence of riffles and pools associated with a sinuous flow Orphan Creek Bank Site Mitigation Plan page 9 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC pattern. In North Carolina, these streams often occur in narrow to wide valleys with well- developed alluvial floodplains (Valley Type VIII). These channels are typically considered stable; however, these streams are sensitive to upstream drainage basin changes and/or channel disturbance, and may rapidly convert to other stream types. Dimension: Bankfull cross-sectional data at each reference site has been determined using infield features of bankfull such as benches, lateral roots, and other morphological features. Once bankfull cross-sectional area was determined, the value was compared to cross-sectional areas predicted by Piedmont regional curves (Harman et al. 1999) to determine if the channel matches the curves for use in Site design. Bankfull cross-sectional area of each reference site as compared to regional curve predictions of bankfull cross-sectional area are detailed in Table 6. Table 6. Reference Bankfull Cross -Sectional Area Site Measured Area Predicted Area Percent of Regional Curves Cedarock Park 8.1 7.46 109% Causey Farm 14.7 15.7 94% Cripple Creek 5.9 6.47 91% Lamm Site 9.4 9.5 99% Flintrock Ffarm 6.1 12.0 50% Caswell Gameland 17.6 16.0 110% Data indicate that reference sites generally match regional curves. With the exception of Flintrock Farm, the sites appear to be within 10% of the bankfull cross-sectional area predicted by the curves. Flintrock Farm may not be a suitable reference site for determination of cross-sectional area; however, the channel is very stable and was useful in determination of pattern and slope ratios for design calculation. Of the six reference sites measured, four are smaller in cross-sectional area than the regional curves. Pattern and Profile: Profile measurements of reference reaches range in sinuosity from 1.14 to 1.46, with the majority of the reference sites exhibiting a sinuosity around 1.2 (thalweg distance/straight-line distance). Reference sinuosity values appear typical for the Piedmont of North Carolina and result in pool -to -pool spacing and meander lengths that are suitable for design of Site streams. Reference valley slopes range from 0.006 to 0.0310, providing a good range of slopes to compare existing and proposed Site conditions. Site valley slopes range from 0.0132 to 0.0286, which matches well with measured reference streams. Profile variables such as riffle slope, pool slope, run slope, and glide slope, which have been destroyed in the Sites streams due to land use activities, have been measured in the reference sites and will be used for design channel construction. Substrate: Reference channels are characterized by substrate dominated by cobble, gravel, and sand sized particles. Orphan Creek Bank Site Mitigation Plan page 10 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 5.2 REFERENCE FOREST ECOSYSTEM A Reference Forest Ecosystem (RFE) is a forested area on which to model restoration efforts at the Sites in relation to soils and vegetation. RFEs should be ecologically stable climax communities and should be a representative model of the Site forested ecosystem as it likely existed prior to human disturbances. Data describing plant community composition and structure were collected at the RFEs and subsequently applied as reference data in an attempt to emulate a natural climax community. Reference vegetative communities for the Site are located on an unnamed tributary to Boyds Creek in central Alamance County. Tree and shrub species identified in this area are listed in Table 7 and were utilized, in addition to other relevant species, to supplement community descriptions for Piedmont Low Mountain Alluvial Forest and Dry-Mesic Oak -Hickory Forest (Schafale & Weakley 1990). Table 7. Reference Forest Ecosystem Piedmont Alluvial Forest Dry-Mesic Oak -Hickory Forest (Floodplains and Slopes) (Upland Side Slopes) Canopy Species Understory Species Canopy Species Understory Species Acer rubrum Acer rubrum Acer rubrum Acer rubrum Liquidambar styracii lua Betula nigra Carya alba/tomentosa Carpinus caroliniana Liriodendrum tulipifera Carpinus caroliniana Liriodendron tulipifera Diospyros virginiana Pinus taeda Liriodendron tulipifera Panus taeda Ilex opaca Platanus occidentalis Pinus virginiana Juniperus virginiana Quercus phellos Quercus alba Pinus taeda Quercus shumardii Quercus falcata Reference vegetation was dominated by red maple (Acer rubrum), tuliptree (Liriodendrum tulipifera), sycamore (Platanus occidentalis), and various oak species including willow oak (Quercus phellos), southern red oak (Quercus falcata), and white oak (Quercus alba). Other species identified were large loblolly pine (Pinus taeda) and Virginia pine (Pinus virginiana), as well as river birch (Betula nigra) and iron wood (Carpinus caroliniana). 6.0 BASELINE INFORMATION Baseline information for the Site presented here includes information on physiography, topography, and land use; water quality; vegetation; soils; jurisdictional streams and wetlands; stream characteristics; channel classification and morphology; and discharge. Valley Classification The Site is located within valleys characterized as Valley Type VIII. This type of valley is identified by the presence of multiple river terraces positioned laterally along broad valleys with gentle, down -valley elevation relief. Alluvial terraces and floodplains are the predominant depositional landforms, which produce a high sediment supply. Typical streams include C- and E -types with slightly entrenched, meandering channels with a riffle -pool sequence. Orphan Creek Bank Site Mitigation Plan page 11 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Channel Fvnlntinn Nearly all of the Sites' streams are characterized by G -type (gully) channels. In North Carolina a typical evolutionary trend in streams includes bed and bank erosion that leads to channel downcutting and morphology changing from a stable E- or C-type channel into a G -type (gully) channel. Continued erosion eventually results in lateral extension of the G -type channel into an F -type (widened gully) channel. The F -type channel will continue to widen laterally until the channel is wide enough to support a stable C-type or E -type channel at a lower elevation so that the original floodplain is no longer subject to regular flooding. Water Quality The Site is located within the Cape River Basin in 14 -digit United States Geological Service (USGS) Cataloging Unit 03030002050010 of the South Atlantic/Gulf Region in NCDWQ Subbasin Number 03-06-04. Site streams receive a NCDWQ Best Usage Classification (NCDWQ 2005) and (NCDWR 2015) of WS -V, NSW. NCDWR Rating WS -V streams are protected as water supplies that are generally upstream and draining to Class WS -IV waters or waters used by industry to supply their employees with drinking water or as waters formerly used as water supply. These waters are also protected for Class C uses. Class C uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation includes wading, boating, and other uses not involving human body contact with waters on an organized or frequent basis. The NSW designation denotes nutrient sensitive waters, which include areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The North Carolina Division of Water Resources (NCDWR), formerly known as the North Carolina Division of Water Quality (NCDWQ), has assembled a list of impaired waterbodies according to the Clean Water Act Section 303(d) and 40 CFR 130.7, which is a comprehensive public accounting of all impaired waterbodies. An impaired waterbody is one that does not meet water quality standards including designated uses, numeric and narrative criteria, and anti - degradation requirements defined in 40 CFR 131. Site streams are not listed on the final 2012 or final 2014 303(d) lists (NCDWQ 2012, NCDWR 2014). 6.1 EXISTING CONDITIONS 6.1.1 Physiography, Topography, and Land Use The Site is located in the Carolina Slate Belt portion of the Piedmont ecoregion of North Carolina. Regional physiography is characterized by dissected, irregular plains with moderate to steep slopes and low to moderate gradient streams over boulder and cobble -dominated substrate (Griffith et al. 2002). Onsite elevations range from a high of 570 -feet NGVD at the upper reaches of UT IA to a low of approximately 540 -feet NGVD at the Site outfall (USGS Saxapahaw, North Carolina 7.5 - minute topographic quadrangle) (Figure 4). Orphan Creek Bank Site Mitigation Plan page 12 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC The Site provides water quality functions to an approximately 0.2 -square mile (127 -acre) watershed at the outfall (Figure 4). The watershed is dominated by pasture, agricultural land, forest, and sparse residential property. Impervious surfaces account for less than 5 percent of the upstream watershed land surface. Land use at the Site is characterized by hay fields and livestock pasture. Livestock have unrestricted access to Site streams. A narrow riparian fringe has developed on the stream margins composed of opportunistic species and a few mature trees (Figure 5). 6.1.2 Vegetation The Site is comprised primarily of agricultural land, including pasture, hay fields, and some areas of disturbed forest. Fields are dominated by fescue (Festuca sp.) with sparse natural recruits including dog fennel (Eupatorium capillifolium), nightshade (Solanum sp.), blackberry (Rubus argutus), dandelion (Taraxacum sp.), as well as other opportunistic herbaceous species. Narrow forest fringe adjacent to tributaries include Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), loblolly pine (Pinus taeda), persimmon (Diospyros virginiana), red maple (Acer rubrum), Russian olive (Elaeganus angustifolia), eastern red cedar (Juniperus virginiana), black walnut (Juglans nigra), shagbark hickory (Carya ovata), sweetgum (Liquidambar styracii lua), and poison ivy (Toxicodendron radicans). 6.1.3 Soils and Land Form Based on web soil survey mapping (MRCS 2015), the Site contains four soil series (Figure 5 and Table 8): Efland silt loam (Typic Hapludults), Local Alluvial Land, Orange silt loam (Albaquic Hapludalfs), and Tirzah silt loam and silty clay loam (Typic Kanhapludults). (Remainder ofpage intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 13 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 8. Orphan Creek Soils MapUnit Map Unit Hydric Description Symbol Name Status* Efland silt This series consists of well -drained soils found along 2-6 percent Ea132 loam Non -hydric slopes. This series is thin, can be associated with large rock outcrops, and is derived from parent material of the Carolina slate belt. Local alluvial This series consists of nearly level, poorly drained soils adjacent to Lc land, Hydric streams and sloughs. This series developed from alluvial sediments poorly washed from adjacent uplands and is not consistent in sequence, drained development, or arrangement of layers. This series consists of moderately well -drained soils on smooth ObB2 Orange Non -hydric uplands near or on the top of 2-6 percent slopes. This series silt loam developed from igneous and metamorphic parent materials and has poor runoff and slow internal drainage. Ta132, Tirzah silt The series consists of well -drained soils found on ridges and side TaC2, loam and slopes. Slopes range from 2-6 percent for TaB2 (eroded), 6-10 TbC3, silty clay Non -hydric percent for TaC2 (eroded) and TaC3 (severely eroded), and 10-15 TbD3 loam percent for TbD3 (severely eroded). This series is derived from parent material of the Carolina slate belt. 6.1.4 Jurisdictional Streams and Wetlands The main hydrologic feature (UT I and UT 1) at the Site is mapped by USGS as intermittent; UT 1 _BUT 2, and UT 3, are not mapped (Figure 4). On-site investigations, however, suggest all Deleted: and UT 4 channels are either perennial or intermittent, (note that perennial vs intermittent stream calls have Deleted:. not been verified by NCDWR and all stream calls are for descriptive purposes only). Benthic macroinvertebrate samples were collected in the upper reaches of the UT 1 and UT using the Deleted: 3 Qual-4 technique. The results indicate UT IA, UT k and UT 2 are perennial; and UTJB and UT _ Deleted: and UT 3 are perennial; p �_' 3 are intermittent (Table 9). Deleted: 4 Perennial streams within the Site may be generally characterized as riverine, upper perennial with unconsolidated bottoms consisting of sand (R3UB2). Intermittent streams may generally be characterized as riverine, intermittent with streambeds consisting of sand and mud (R404). Streams located at the Site are fully exposed to partially shaded by a mixture of mature riparian vegetation, and exhibit entrenchment and bank failure due to livestock and agriculture practices located within the watershed. The Site encompasses approximately 2,554 linear feet of existing stream channels proposed for mitigation (Table 9 and Figure 5). (Remainder of page intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 14 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 9. Existing Stream Characteristics Approx. Length USGS USGS Stream In-Field Stream Stream Reach (linear feet) Stream Order Classification Classification UT 1c - 1,228 2°d Intermittent Perennial Deleted: (Downstream) UT A 264 lit Unmapped Perermral _- Deleted:I .-_- - Deleted: (Upstream) UT IAB 123 ls` Unmapped Intermittent - Deleted:2 UT 382 Is` Unmapped Perennial--_.-"--- Deleted:3 UTJ 557 Vt - - - - Unmapped Intermittent __ " Deleted: 4 Total 2,554 Livestock trampling within stream channels has resulted in jurisdictional wetland development at the head of UT 1 A and UT �. Jurisdictional we are contained within the stream banks that _ Deleted: t have been widened by hoof shear of banerials. The in-el wetlands are characterized by k matchannw Deleted: 3 near permanent saturation from stream hydrology and are a loblolly. Site jurisdictional wetlands are located in areas mapped by the NRCS as non-hydric soils and wetlands would not have developed without mechanical interference from livestock intrusion into the stream channels. Approximately 0. 10 acres of the Site is currently characterized by disturbed wetland, which have been impacted by livestock trampling of the stream channel (Figure 5). In order to accurately calculate pre-project wetland areas, a jurisdictional wetland delineation was completed in April 2015 and verbally approved by USACE representative David Bailey during a field meeting on July 24, 2015. 6.1.5 Stream Characteristics Site stream dimension, pattern, and profile were measured to characterize existing channel conditions. Locations of existing stream reaches are depicted in Figure 5 and cross-section locations are depicted in Figure C I (Appendix Q. Stream geometry measurements under existing conditions are summarized in Table Cl Morphological Stream Characteristics (Appendix C). Preliminary estimates of stable stream attributes are based primarily upon measurements of four reference reaches and regional curves discussed further in Section 5.0. 6.1.6 Channel Classification and Morphology Stream geometry and substrate data have been evaluated to classify existing stream conditions based on a classification utilizing fluvial geomorphic principles (Rosgen 1996). This classification stratifies streams into comparable groups based on pattern, dimension, profile, and substrate characteristics. Primary components of the classification include degree of entrenchment, width - depth ratio, sinuosity, channel slope, and stream substrate composition. Existing Bank Site reaches are classified as unstable G -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal. Orphan Creek Bank Site Mitigation Plan page 15 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 6.1.7 Discharge This hydrophysiographic region is characterized by moderate rainfall with precipitation averaging approximately 40 to 50 inches per year (USDA 1960). Drainage basin size at the Site outfall is 0.2 square mile. The Site's discharge is dominated by a combination of upstream basin catchment, groundwater flow, and precipitation. Based on regional curves (Harman et al. 1999), the bankfull discharge for a 0.2 -square mile watershed is expected to average 27.7 cfs. Bankfull discharge is expected to occur on average every 1.3 to 1.5 years. 7.0 CHANNEL STABILITY ASSESSMENT 7.1 STREAM POWER Stability of a stream refers to its ability to adjust itself to inflowing water and sediment load. One form of instability occurs when a stream is unable to transport its sediment load, leading to aggradation, or deposition of sediment onto the streambed. Conversely, when the ability of the stream to transport sediment exceeds the availability of sediments entering a reach, and/or stability thresholds for materials forming the channel boundary are exceeded, erosion or degradation occurs. Stream power is the measure of a stream's capacity to move sediment over time. Stream power can be used to evaluate the longitudinal profile, channel pattern, bed form, and sediment transport of streams. Stream power may be measured over a stream reach (total stream power) or per unit of channel bed area. The total stream power equation is defined as: 52 = pgQs where Q = total stream power (ft-lb/s-ft), p = density of water (lb/ft3), g = gravitational acceleration (ft/s2), Q = discharge (ft3/sec), and s = energy slope (ft/ft). The specific weight of water (7 = 62.4 lb/ft3) is equal to the product of water density and gravitational acceleration, pg. A general evaluation of power for a particular reach can be calculated using bankfull discharge and water surface slope for the reach. As slopes become steeper and/or velocities increase, stream power increases and more energy is available for reworking channel materials. Straightening and clearing channels increases slope and velocity and thus stream power. Alterations to the stream channel may conversely decrease stream power. In particular, over -widening of a channel will dissipate energy of flow over a larger area. This process will decrease stream power, allowing sediment to fall out of the water column, possibly leading to aggradation of the streambed. The relationship between a channel and its floodplain is also important in determining stream power. Streams that remain within their banks at high flows tend to have higher stream power and relatively coarser bed materials. In comparison, streams that flood over their banks onto adjacent floodplains have lower stream power, transport finer sediments, and are more stable. Stream power assessments can be useful in evaluating sediment discharge within a stream and the deposition or erosion of sediments from the streambed. Orphan Creek Bank Site Mitigation Plan page 16 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 7.2 SHEAR STRESS Shear stress, expressed as force per unit area, is a measure of the frictional force that flowing water exerts on a streambed. Shear stress and sediment entrainment are affected by sediment supply (size and amount), energy distribution within the channel, and frictional resistance of the streambed and bank on water within the channel. These variables ultimately determine the ability of a stream to efficiently transport bedload and suspended sediment. For flow that is steady and uniform, the average boundary shear stress exerted by water on the bed is defined as follows: T=y Rs where T = shear stress (lb/ft2), y = specific weight of water, R = hydraulic radius (ft), and s = the energy slope (ft/ft). Shear stress calculated in this way is a spatial average and does not necessarily provide a good estimate of bed shear at any particular point. Adjustments to account for local variability and instantaneous values higher than the mean value can be applied based on channel form and irregularity. For a straight channel, the maximum shear stress can be assumed from the following equation: Tmax = 1.5T for sinuous channels, the maximum shear stress can be determined as a function of plan form characteristics: Tmax = 2.65T(Rc /Wbkf)-0.5 where Rc = radius of curvature (ft) and Wbkf = bankfull width (ft). Shear stress represents a difficult variable to predict due to variability of channel slope, dimension, and pattern. Typically, as valley slope decreases channel depth and sinuosity increase to maintain adequate shear stress values for bedload transport. Channels that have higher shear stress values than required for bedload transport will scour bed and bank materials, resulting in channel degradation. Channels with lower shear stress values than needed for bedload transport will deposit sediment, resulting in channel aggradation. The actual amount of work accomplished by a stream per unit of bed area depends on the available power divided by the resistance offered by the channel sediments, planform, and vegetation. The stream power equation can thus be written as follows: w = p gQs = Tv where w = stream power per unit of bed area (N/ft-sec, Joules/sec/ft2), T = shear stress, and v average velocity (ft/sec). Similarly, w = S2/Wbkf Orphan Creek Bank Site Mitigation Plan page 17 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC where Wbkf = width of stream at bankfull (ft). 7.3 STREAM POWER AND SHEAR STRESS METHODS AND RESULTS Channel degradation or aggradation occurs when hydraulic forces exceed or do not approach the resisting forces in the channel. The amount of degradation or aggradation is a function of relative magnitude of these forces over time. The interaction of flow within the boundary of open channels is only imperfectly understood. Adequate analytical expressions describing this interaction have yet to be developed for conditions in natural channels. Thus, means of characterizing these processes rely heavily upon empirical formulas. Traditional approaches for characterizing stability can be placed in one of two categories: 1) maximum permissible velocity and 2) tractive force, or stream power and shear stress. The former is advantageous in that velocity can be measured directly. Shear stress and stream power cannot be measured directly and must be computed from various flow parameters. However, stream power and shear stress are generally better measures of fluid force on the channel boundary than velocity. Using these equations, stream power and shear stress were estimated for 1) existing dredged and straightened reaches, 2) the reference reaches, and 3) proposed Site conditions. Important input values and output results (including stream power, shear stress, and per unit shear power and shear stress) are presented in Table 10. Average stream velocity and discharge values were calculated for the existing stream reaches, reference reaches, and proposed conditions. In order to maintain sediment transport functions of a stable stream system, the proposed channel should exhibit stream power and shear stress values so the channel is neither aggrading nor degrading. (Remainder ofpage intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 18 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 10. Stream Power (Q) and Shear Stress (t) Values Water Total Shear Discharge surface Stream Hydraulic Hydraulic Velocity Site a (ft /s) Slope Power 01W Radius (v) i v i�ax (T) (ft/ft) Q) Existing Conditions UT 1 Downstream 25.7 0.0125 20.05 2.33 2.38 1.86 1.04 1.93 N/A UT 1 Upstream 16.2 0.0172 17.39 2.23 4.64 4.98 0.39 1.93 N/A UT 2 11 0.0198 13.59 1.53 2.70 3.34 0.40 1.35 N/A UT 3 7.7 0.0283 13.60 2.43 0.91 1.61 1.24 2.00 N/A Reference Conditions Cedarock 28.8 0.0258 46.37 5.72 0.82 1.33 3.60 4.78 6.67 Causey Farm 60.6 0.0053 20.04 1.82 1.07 0.35 4.12 1.45 2.10 Proposed Conditions UT 1 downstream 25.7 0.0128 20.53 2.12 0.60 0.48 3.84 1.85 3.33 UT 1 Upstream 16.2 0.0173 17.49 2.24 0.48 0.52 3.77 1.94 3.58 UT 2/3 7.7 0.015 7.21 1.14 0.39 0.37 2.75 1.02 3.38 Results of the analysis indicate the proposed channel reaches are expected to maintain stream power as a function of width values (Q/W) of approximately 1. 14 to 2.24 and shear stress (i) values of approximately 0.37 to 0.52 (ranging between Cedarock and Causey Farms reference reaches). These ranges of stream power and sheer stress are expected to be stable, while transporting sediment through the Site. Stream power and shear stress values are higher for the existing, dredged and straightened UT 1 (particularly upstream, steeper reaches) and UT 2 than for proposed channels. Existing reaches are degrading as evidenced by bank erosion, channel incision, large head -cuts, and bank -height ratios ranging from 1.6 to 6.6. Degradation has resulted from a combination of water surface slopes that have been steepened, channel straightening, and dredging. Stream power and shear stress values for the proposed channels are lower than for existing channels to effectively transport sediment through the Site without eroding and downcutting, resulting in stable channel characteristics. 7.4 BANKFULL VERIFICATION Discharge estimates for the Site utilize an assumed definition of "bankfull" and return intervals associated with those bankfull discharges. For this design, the bankfull channel is defined as the channel dimensions conveying "channel forming" or "dominant" discharge (Gordon et al. 1992). Discharge estimates were calculated using three methods for comparison: Piedmont regional curves (Harman et al. 1999), the USGS regional regression equation for the Piedmont region (USGS 2006; see analysis in Appendix D), and field indicators of bankfull. Based on the analysis of methods to determine bankfull discharge, proposed conditions at the Site are based on bankfull indicators found on the reference reaches and most importantly on-site indicators of bankfull. Using this methodology, the designed channels will equal approximately 93 percent of the channel Orphan Creek Bank Site Mitigation Plan page 19 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC size indicated by Piedmont regional curves. Table 11 summarizes all methods analyzed for estimating bankfull discharge. Table 11. Reference Reach Bankfull Discharge Analvsis Watershed Area Return Interval Discharge Method (square miles) (years) (cfs) Cedarock Reference Reach Piedmont Regional Curves 0.2 (Harman et al. 1999) 1.3-1.5 28.8 Peidmont Regional Regression Model 0.2 (USGS 2006) 1.3-I.5 27-36 Field Indicators of Bankfull 0.2 1.3-1.5 31.3 Causey Farm Reference Reach Piedmont Regional Curves 0.6 (Harman et al. 1999) 1.3-1.5 63.8 Peidmont Regional Regression Model 0.6 1.3-1.5 63-85 (USGS 2006) Field Indicators of Bankfull 0.6 1.3-1.5 59.8 Cripple Creek Reference Reach Piedmont Regional Curves 0.17 (Harman et al. 1999) 1.3-1.5 24.8 Peidmont Regional Regression Model 0.17 1.3-1.5 24-34 (USGS 2006) Field Indicators of Bankfull 0.17 1.3-1.5 22.6 Flint Rock Farm Reference Reach Piedmont Regional Curves 0.43 (Harman et al. 1999) 1.3-1.5 48.0 Peidmom Regional Regression Model 0.43 (USGS 2006) 1.3-1.5 38-68 Field Indicators of Bankfull 0.43 1.3-1.5 24.4 Caswell Game Land Reference Reach Piedmont Regional Curves 0.65 (Harman et al. 1999) 1.3-1.5 65.0 Peidmont Regional Regression Model 0.65 1.3-1.5 66-89 (USGS 2006) Field Indicators of Bankfull 0.65 1.3-1.5 71.7 8.0 POTENTIAL CONSTRAINTS The presence of conditions or characteristics that have the potential to hinder restoration activities within the Site was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, and the potential for hydrologic trespass. Existing information regarding constraints was acquired and reviewed. In addition, any Site condition with the potential to restrict the proposed restoration design and implementation was documented during field investigations. Orphan Creek Bank Site Mitigation Plan page 20 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC No constraints that may hinder restoration activities have been identified at the Site. 8.1 SITE ACCESS The Site is to be accessed from Salem Church Road (SR 2142). Project access is to be obtained by a 30 foot permanent access easement obtained and recorded along with the CE in Alamance County. 8.2 UTILITIES Utility crossings do not occur at the Site. 8.3 FEMA/HYDROLOGIC TRESPASS FEMA mapping was reviewed to determine if the Site is located in a FEMA study area (DFIRM panel number 9801). Based on existing floodplain mapping, the Site is not located in a Special Flood Hazard Area and the project should not alter FEMA flood zones. Therefore, a "Conditional Letter of Map Revision" (CLOMR) is not expected for this project. Surface drainages on the Site and surrounding areas were analyzed to predict the feasibility of manipulating existing surface drainage patterns without adverse effects to the Site or adjacent properties. The following presents a summary of hydrologic and hydraulic analyses. The purpose of the analysis is to predict flood extents for storms under existing and proposed conditions after stream and wetland restoration activities have been implemented. Watersheds and land use estimations were measured from existing DEM (Digital Elevation Model) data and aerial photography. Field surveyed cross-sections and water surfaces were obtained along Site features. Valley cross-sections were obtained from both onsite cross-sections and detailed topographic mapping of 1 -foot contour intervals using the available DEM. Observations of existing hydraulic characteristics were compared to proposed hydraulic conditions and used to determine proposed channel grades and upper reaches and downstream outfalls. Using these data, channel slopes were calculated to avoid backwater conditions on adjacent landowners. 8.4 FEDERALLY PROTECTED SPECIES Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531 et seg.). 8.4.1 Alamance Cou No species are federally listed for Alamance County by the United States Fish and Wildlife Service (USFWS) (USFWS 2015). 8.5 STATE LISTED SPECIES In addition to E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may, or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no Orphan Creek Bank Site Mitigation Plan page 21 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC federal protection under the ESA for the species listed. The FSC species listed on the current USFWS list are presented in Table 12. Table 12. Federal Soecies of Concern Common Name Scientific Name County Potential Habitat* American eel Anguilla rostrata Alamance No Carolina darter Etheostoma collis lepidinion Alamance No Carolina creekshell Villosa vaughaniana Alamance Yes Yellow lampmussel Lampsilis cariosa Alamance Yes Buttercup phacelia Phacelia covillei Alamance No Sweet pinesap Monotropsis odorata Alamance No Potential Habitat: Portions of the Site under review for potential habitat are limited to areas which are proposed for earth -moving activities including restoration reaches/areas. Habitat for these species is expected to be significantly improved by proposed mitigation activities. 9.0 CREDIT DETERMINATION AND RELEASE 9.1 CREDIT DETERMINATION Mitigation activities outlined in this report result in stream and wetland mitigation units as presented in Tables 13 and 14. Table 13. Reach -by -Reach Credit Determination Summary Stream Reach Mitigation Non-credit Final Mitigation Mitigation by Stationing Activity Generating* Length/Area Ratio Credits UT I Sta 00+00 to 03+02 Restoration 302 1:1 302 UT 113 Sta 00+00 to 01+94 Restoration 194 1:1 194 UTI Sta 03+02 to 15+33 Restoration 23 1208 1:1 1,208 UT 2 Sta 00+00 to 03+13 Restoration 313 1:1 313 UT 3 Sta 00+00 to 04+35 EI 435 1.5:1 290 UT 3 Sta 04+35 to 05+75 Restoration 27 113 1:1 113 *Non-credit generating reaches are located outside the easement at easement breaks/road crossings. (Remainder of page intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 22 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 14. Mitigation Activity and Credit Determination Summary Proposed Mitigation Proposed Credits Proposed Mitigation Streams Non-credit Wetlands Mitigation •- _.- Formatted Table Activity (linear feet) Generating (acres) Ratio (SMUs) WMUs Stream Restoration 2,180 50 1:1 2,130 Stream Enhancement I 435 1.5:1 290 Stream Enhancement 11 2.5:1 1 Wetland Restoration 1:1 Wetland Enhancement mi 0.10 2:1 0.05 Totals 2,615 0.10 2,420 0.05 Mitigation activities outlined in this report result in stream and wetland mitigation units as presented in Tables 13 and 14. 9.2 STREAM CREDIT RELEASE SCHEDULE The Site's stream credit release schedule is presented below in Table 15. The credit release schedule is based upon satisfactory completion of Site milestones. (Remainder of page intentionally left blank) Orphan Creek Bank Site Mitigation Plan page 23 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 15. Stream Credit Release Schedule Milestones Tasks Release (%) Credits 1) Approval of this Bank Site Mitigation Plan; 2) Delivery of financial assurances; Orphan Creek 3) Issuance of §404 permit for Bank Site work plan; 4) Recordation of conservation easements protecting 15 363 Establishment Bank Site, including $25,000 payment to NCWHF as easement holder and long-term manager; 5) Title opinion approved by the Corps. 1) Completion of earthwork, if required; Mitigation Plan 2) Completion of riparian plantings; 3) Construction of easement fencing suitable for 15 363 Implementation livestock exclusion, if required; 4) Approval of As-Built Survey by the Corps. 1) Channels are stable; Year 1 Monitoring 2) Interim Performance Standards met; 10 242 3) Approval of Monitoring Report by the Corps. 1) Channels are stable; Year 2 Monitoring 2) Interim Performance Standards met; 10 242 3) Approval of Monitoring Report by the Corps. 1) Two bankfull events occurring in separate years; Bankfull Events 2) Channels are stable; 5 121 3) Interim Performance Standards met. 1) Channels are stable; Year 3 Monitoring 2) Interim Performance Standards met; 10 242 3) Approval of Monitoring Report by the Corps. 1) Visual Assessment; Year 4 Monitoring 2) Interim Performance Standards met; 5 121 3) Approval of Monitoring Report by the Corps. 1) Four bankfull events occurring in separate years; Bankfull Events 2) Channels are stable; 5 121 3) Interim Performance Standards met. 1) Channels are stable; Year 5 Monitoring* 2) Interim Performance Standards met; 10 242 3) Approval of Monitoring Report by the Corps. I I Vinaai .t:.����nrent Year 6 Monitoring 2) Interim Performance Standards met; 5 121 3) Approval of Monitoring Report by the Corps. 1) Stream Performance Standards met; Year 7 Monitoring 2) Vegetation Performance Standards met; 10 242 3) Approval of Final Monitoring Report by the Corps; -- Deleted: -.5rill Totals 100 2,420 *If, following the conclusion of Year 5 ofthe monitoring period, the Site's performance standards have been met and there are no concerns regarding channel stability, or vegetation survivability and vigor, the Sponsor may propose the early termination of the monitoring period. Orphan Creek Bank Site Mitigation Plan page 24 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 9.3 WETLAND CREDIT RELEASE SCHEDULE Given the low wetland credit potential of the Site, the Sponsor intends to withhold credit release requests until the end of the Wetland Monitoring Period, which is expected to be seven (7) years following completion of Site construction. If the Sponsor at some point decides to request credit releases during the Site Wetland Monitoring Period, such credit release requests will be in accordance with the wetland credit release schedule presented below (Table 16). Table 16. Wetland Credit Release Schedule Milestones Tasks Release (%) 1) Approval of this Bank Site Mitigation Plan; 2) Delivery of financial assurances; Bank Site 3) Issuance of §404 permit for Bank Site work plan; 4) Recordation of conservation easements protecting 15 Establishment Bank Site 11 r and loin -term maua�; 5) Title opinion approved by the Corps. 1) Completion of earthwork, if required; Mitigation Plan 2) Completion of riparian plantings; 3) Construction of easement fencing suitable for 15 Implementation livestock exclusion, if required; 4) Approval of As -Built Survey by the Corps. Year I Monitoring 1) Interim Performance Standards met; 10 2) Approval of Monitoring Report by the Corps. 1) Interim Performance Standards met; Year 2 Monitoring 2) Approval of Monitoring Report by the Corps. 10 1) Interim Performance Standards met; Year 3 Monitoring 2) Approval of Monitoring Report by the Corps. ] 0 1) Visual Assessment; Year 4 Monitoring 2) Interim Performance Standards met; 10 3) Approval of Monitoring Report by the Corps. 1) Interim Performance Standards met; Year 5 Monitoring* 2) Approval of Monitoring Report by the Corps. 10 1) Visual Assessment; Year 6 Monitoring 2) Interim Performance Standards met; 10 3) Approval of Monitoring Report by the Corps. Year 7 Monitoring** 1) Final Performance Standards met; 10 2) Approval of Monitoring Report by the Corps Totals 100 *Hydrologic monitoring maybediscontinued after Year 5 if Hydrologic Performance Standards for years 1 —5 have been met (Section 11.0) -Vegetation monitoring not required in Years 4 and 6. Orphan Creek Bank Site Mitigation Plan page 25 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.0 MITIGATION WORK PLAN 10.1 RESTORATION PROJECT GOALS AND OBJECTIVES Based on the Cape Fear River Basin Restoration Priorities Report 2009 (NCEEP 2009), Watershed 03030002050040 is characterized by Nutrient Sensitive Waters. This project will meet overall goals of TLW's, as well as Local Watershed Plans (LWP's) including 1) reduce sediment loading, 2) reduce nutrient loading, 3) manage stormwater runoff, 4) reduce toxic inputs, 5) provide and improve in -stream habitat, 6) provide and improve terrestrial habitat, 7) improve stream stability, and 8) improve hydrologic function. Stream mitigation activities include Restoration and Enhancement (Level 1). Wetland mitigation activities include Enhancement of riparian wetlands. Tables 2A -2C summarize the functional objectives and proposed actions. Collectively, mitigation activities and the protection of the Site's streams and wetlands with conservation easements will result in net gains in hydrology, water quality, and habitat functions in the Cape Fear 02 watershed. A summary of the mitigation activities and credit potential of those actions for the Site is provided below. Providing 2,420 SMUs by the following. o Restoring approximately 2,180 linear feet of perennial stream channel through construction of stable stream channels in the historic floodplain location and elevation (50 feet is outside the easement at easement breaks/road crossings and are non-credit generating); and o Enhancing (level I) approximately 435 linear feet of stream channel by installing grade control structures, adjusting channel dimension, and planting of riparian buffers with native woody vegetation. Providing 0.05 WMUs by the following. o Enhancing approximately 0.1 acre of riparian wetlands by supplemental planting areas of disturbed forest, or removing livestock and planting with native forest vegetation. Planting a native woody riparian buffer adjacent to all streams within the Site. Protecting the Site in perpetuity with a conservation easement. The proposed schedule for the implementation of the Site is provided below (Table 17). Table 17. Anticipated Construction Timing and Sequencing Task Days Required Start Date Permitting 45-60 11/1/2016 Mobilization 10 6/1/2017 Earthwork 90 9/1/2017 Planting 10 1/15/2018 As -built 15 1/25/2018 10.2 STREAM AND WETLAND DESIGN Site streams and wetlands targeted for restoration have endured significant disturbance from land use activities such as land clearing, livestock grazing, straightening and rerouting of channels, and other anthropogenic maintenance. Site streams will be restored to emulate historic conditions utilizing parameters from nearby, relatively undisturbed reference streams. Stream and wetland Orphan Creek Bank Site Mitigation Plan page 26 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC designs for the Site are presented in the attached Figures 6A and 613 and Morphology Tables are presented in Appendix C. Table 18 depicts the linear feet of proposed Stream Restoration and Enhancement, as well as, acreage of Wetland Enhancement. Table 18. Mitigation Activity Totals Streams I Wetlands Restoration Enhance (1) Enhance (II) Total I Restoration Enhance Total (ft) (ft) (ft) (ft) I (ac) (ac) (ac) 2,180 435 2,615 1 -- 0.10 0.10 10.3 STREAM RESTORATION Stream Restoration efforts are designed to restore stable, meandering streams at the Site that approximate hydrodynamics, stream geometry, and local microtopography relative to reference and onsite conditions. Geometric attributes for the existing, degraded channels and the proposed, stable channels are listed in Table of Morphological Stream Characteristics (Table Cl, Appendix Q. Generalized grading plans, including elevations, are provided in Figures 6A and 6B. Typical proposed geometries for Site dimension, pattern, and profile are shown in Figure 7. Primary activities designed to restore Site channels include 1) belt -width preparation and grading, 2) channel excavation, 3) installation of channel plugs, 4) backfilling of the abandoned channel, and 5) vegetative planting. Belt -width Preparation and Grading Belt -width corridor preparation will entail channel staking, floodplain clearing and grabbing, and any necessary grading prior to channel excavation. After the floodplain has been prepped, the proposed design channels will be staked and/or clearly marked to the design parameters. Spoil material excavated during floodplain grading will be stockpiled adjacent to the existing channels. After construction of the new channels is complete, existing channels will be abandoned and backfilled with stockpiled soils. Grading of topsoil at the Site is expected to be minimal; however, where grading is necessary, topsoils will be stockpiled, managed, and reapplied after grading is complete. In the event that stockpiled topsoil is not of sufficient quantity to provide a suitable planting environment for graded areas, soil amendments will be added including, but not limited to, organic matter (mulch), lime, Nitrogen, Phosphorus, and/or Potassium. Soil amendments will be added and mixed into topsoils to improve bulk density, water retention, and management of soil nutrients. Once belt -width corridor preparation is complete, the proposed channels will be excavated to the average width, depth, and cross-sectional area derived from reference reach studies and detailed measurements of the onsite reach. Stream banks and the belt -width area of constructed channels will be immediately planted with shrub and herbaceous vegetation. Root mats may also be selectively removed from adjacent areas and placed as erosion control features on channel banks. Orphan Creek Bank Site Mitigation Plan page 27 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Once the proposed design channels have been excavated and stabilized, abandoned channels will be backfilled utilizing spoil material stockpiled from channel excavation and/or from suitable material excavated from the Site, or adjacent to the Site. Abandoned channels will be backfilled to the maximum extent feasible. In -stream Structures The use of in -stream structures for grade control and habitat is essential for successful Stream Restoration (Figure 8A). In -stream structures may be placed in the channels to elevate local water surface profiles, potentially flattening the water energy slope or gradient. The structures would likely consist of log/rock cross -vanes or log/rock j -hook vanes designed primarily to direct stream energy into the center of the channel and away from banks. In addition, the structures would be placed in relatively straight reaches to provide secondary (perpendicular) flow cells during bankfull events. Piped Channel Crossings Landowner constraints will necessitate the installation of piped channel crossings within breaks in the easement to allow access to portions of the property isolated by stream restoration activities. The crossings will be constructed of properly sized pipes and hydraulically stable rip -rap or suitable rock. Crossings will be large enough to handle the weight of anticipated vehicular traffic. Approach grades to the crossing will be at an approximate 10:1 slope and constructed of hard, scour -resistant crushed rock or other permeable material, which is free of fines. Crossings must be designed and installed to allow aquatic life passage, including placing pipes below the channel invert elevation and ensuring the proper pipe size to allow for aquatic life passage. Outfall Structures Drop structures are proposed at the outfall of smaller tributaries entering larger, deeper channels. To avoid hydrologic trespass, the drop structure may be installed approximately 50 feet from the stream outfalls. The structure should be constructed to resist erosive forces associated with hydraulic drops proposed at the Site. The drop structures will be constructed of TerraCell, or other similar structure (Figure 813). The structures should be constructed to resist erosive forces associated with hydraulic drops proposed at Site. TerraCell is a light weight, flexible mat made of high density polyethylene strips. The strips are bonded together to form a honeycomb configuration. The honeycomb mat is fixed in place and filled with gravel or sand. Material in the TerraCell structure may be planted with grasses and shrubs for additional erosion protection. The TerraCell structure will form a nickpoint that approximates geologic controls in stream beds. Marsh Treatment Areas Shallow wetland marsh treatment areas will be excavated in the floodplain to intercept surface waters draining through agricultural areas prior to discharging into the Site. Marsh treatment areas are intended to improve the mitigation project and are not generating mitigation credit. Proposed marsh treatment areas will consist of shallow depressions that will provide treatment and attenuation of initial stormwater pulses (Figure 813). The outfall of each treatment area will be constructed of hydraulically stable rip -rap or other suitable material that will protect against Orphan Creek Bank Site Mitigation Plan page 28 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC headcut migration into the constructed depression. It is expected that the treatment areas will fill with sediment and organic matter over time. 10.4 STREAM ENHANCEMENT LEVEL I Stream Enhancement Level I will entail reducing channel depth to appropriate values as outlined in morphology tables, installing habitat/grade control structures, contouring stream banks, removing invasive plant species, and supplemental planting, as necessary. All channel work will be completed in a manner to cause as little disturbance to the existing vegetation as feasible and desirable hardwood trees greater than 4 inches in diameter at breast height will be avoided to the maximum extent possible. Enhancement Level I should promote overbank flooding, reduce shear stress/sedimentation, improve water quality functions, and improve aquatic and wildlife habitat associated with a stable riparian corridor/stream. 10.5 WETLAND RESTORATION AND ENHANCEMENT Alternatives for Wetland Enhancement are designed to enhance a fully functioning wetland system which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by channel incision, vegetative clearing, hoof shear, and earth movement associated with agricultural practices. Wetland Enhancement options should focus on the restoration of vegetative communities, the reestablishment of soil structure and microtopographic variations, and redirecting normal surface hydrology from incised streams to the adjacent floodplains. These activities will result in the enhancement of 0.10 acre of jurisdictional riparian floodplain wetlands. 10.5.1 Target Wetland Communities/Buffer Communities Onsite wetland and buffer areas targeted for Restoration and Enhancement have endured significant disturbance from land use activities such as land clearing, livestock grazing, and other anthropogenic maintenance. These areas will be planted with native forest species typical of wetland and buffer communities in the region such as those found within the reference forest (see Section 5.2 Reference Forest Ecosystem). Emphasis will focus on developing a diverse plant assemblage. Hydrophytic Vegetation Site wetland areas have endured significant disturbance from land use activities such as land clearing, agriculture, livestock grazing, and other anthropogenic maintenance. Wetland areas will be revegetated with native forest vegetation typical of wetland communities in the region. Emphasis will focus on developing a diverse plant assemblage. Reconstructing Stream Corridors The Stream Restoration plan involves the reconstruction of Site streams through the floodplain. Existing channels will be backfilled so that the water table may be restored to historic conditions. However, some portions of the existing channels may remain open for the creation of wetland "vernal pool' features. These features will be plugged on each side of the open channel and will function as open water systems expected to provide habitat for a variety of wildlife as well as Orphan Creek Bank Site Mitigation Plan page 29 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC create small pockets of open water/freshwater marsh within the Site. These features will account for a small portion of the Site and will be required to occupy less than 10 percent of the overall wetland areas. 10.6 PLANT COMMUNITY RESTORATION Restoration of floodplain forest and stream -side habitat allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Reference Forest Ecosystem (RFE) data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990) will be used to develop the primary plant community associations that will be promoted during community restoration activities. Planting vegetation on cleared stream banks is proposed to reestablish native/historic community patterns within the stream corridor, associated side slopes, and transition areas. Revegetating the Site's floodplains and stream banks will provide stream bank stability, give shade, reduce surface water temperatures, filter pollutants from adjacent runoff, and provide habitat for area wildlife. Variations in vegetative planting will occur based on topographic locations and hydraulic conditions of the soil. Vegetative species composition will mimic reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include 1) Piedmont Alluvial Forest, 2) Dry-Mesic Oak -Hickory Forest, and 3) stream -side assemblage. 10.7 PLANTING PLAN Stream -side trees and shrubs include species with high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. During construction activities, care will be taken to avoid removal of high value trees within the easement. Stream -side trees and shrubs will be planted within 50 feet of the channel throughout the meander belt -width. Shrub elements will be planted along the reconstructed stream banks, concentrated along outer bends. Piedmont Alluvial Forest is the target community for Site floodplains and Dry-Mesic Oak -Hickory Forest is the target community for upland side -slopes. Bare -root seedlings within the Piedmont Alluvial and Dry-Mesic Oak -Hickory Forests will be planted at a density of approximately 680 stems per acre on 8 -foot centers. Shrub species in the stream -side assemblage and Marsh Wetland Treatment Areas will be planted at a density of 2720 stems per acre on 4 -foot centers. In addition to planting seedlings, a seed mix will be spread within Marsh Treatment Wetland Areas as follows. 1. Virginia wildrye (Elymus virginicus) 2. Switch grass (Panicum virgatum) Orphan Creek Bank Site Mitigation Plan page 30 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 3. Big blue stem (Andropogon gerardii) 4. Indian grass (Sorghastrum nutans) 5. Deer tongue (Dichanthelium clandestinum) Table 19 depicts the total number of stems and species distribution within the Site (see Planting Plan for the Site in Figure 9). Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Orphan Creek Bank Site Mitigation Plan page 31 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 19. Orphan Creek Planting Plan Vegetation Association Piedmont/Low Mountain Alluvial Forest* Dry-Mesic Oak -Hickory Forest* Marsh Treatment Wetland** Stream -side Assemblage** TOTAL Area (acres) 3.7 1.0 0.05 1.7 6.45 Species #planted* % of total # lamed* % of total #planted** % of total #planted** % of total # planted Tag alder (Alnus serrulata) 14 10 231 5 245 River birch (Betula nigra) 252 10 231 5 483 Ironwood (Carpinus caroliniana) -- -- 136 20 -- -- -- -- 136 Buttonbush (Cephalanthus occidentalis) -- -- -- -- 27 20 -- -- 27 Red bud (Cercis canadensis) -- -- 102 15 -- -- -- -- 102 Sweet p e erbush (Clethra alnifolia) -- -- -- -- 20 15 -- -- 20 Silky dogwood (Cornus amomum) 252 10 20 15 925 20 1197 Persimmon (Diospyros vir iniana) 68 10 68 White ash (Fraxinus americana) -- -- 34 5 -- -- -- -- 34 Green ash (Fraxinuspennsylvanica) 503 20 925 20 1428 Blueberry (Vaccinium corymbosum) -- -- -- -- 14 10 -- -- 14 Tulip poplar (Liriodendron tuli ifera) 252 10 -- -- -- -- -- -- 252 Sycamore (Platanus occidentalis) 503 20 925 20 1428 Black gum (Nyssa sylvatica) -- -- 102 15 -- -- -- -- 102 Water oak (Quercus nigra) 377 15 136 20 462 10 976 Willow oak (Quercus phellos) 377 15 102 15 462 10 942 Black willow (Salix nigra) -- -- -- -- -- -- 462 10 1 462 Elderberry (Sambucus canadensis) 27 20 27 Possumhaw (Viburnum nudum) -- -- -- -- 14 10 -- -- 14 TOTAL 2516 100 680 100 136 100 4624 100 7956 * Planted at a density of 680 stems/acre. ** Planted at a density of 2720 stems/acre. Orphan Creek Bank Site Mitigation Plan page 32 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.8 NUISANCE SPECIES MANAGEMENT Chinese privet (Ligustrum sinense), thorny olive (Eleagnus pungens), and multiflora rose (Rosa multiflora) are scattered within the Site. These species will be controlled mechanically and/or chemically, as part of this project. No other nuisance species controls are proposed at this time. Inspections for beaver and other potential nuisance species will occur throughout the course of the monitoring period. Appropriate actions may be taken to ameliorate any negative impacts regarding vegetation development and/or water management on an as -needed basis. 10.9 SOIL MANAGEMET AND EROSION CONTROL MEASURES The Sponsor will coordinate with the NC Division of Land Quality (Winston Salem office) to obtain the necessary erosion control permits for the proposed work. In general, soil management and erosion control measures are expected to include the following: silt fence installation along haul roads, spoil piles, or other areas where turbid drainage may exit the Site or enter streams; establish temporary or permanent ground cover within 7 calendar days of land disturbing activity; seed, mat and mulch stream banks upon completion of channel excavation; excavate proposed channels in the dry through the use of impervious dikes and pumps; installation of temporary stone construction entrance/exit; use of log mats for temporary stream crossings; and any other erosion control measures requested by the NC Division of Land Quality. 11.0 PERFORMANCE STANDARDS AND MONITORING REQUIRMENTS Monitoring requirements and success criteria outlined in the latest guidance by USACE in April 2003 (Stream Mitigation Guidelines) will be followed and are briefly outlined below. Monitoring data collected at the Site should include reference photos, plant survival analysis, channel stability analysis, and biological data. Wetland hydrology is proposed to be monitored for a period of seven years (years 1-7). Riparian vegetation and stream morphology is proposed to be monitored for a period of seven years with measurements completed in years 1-3, year 5, and year 7. Macroinvertebrate sampling will be conducted in years 3, 5, and 7, although there are no performance standards tied to the results. Monitoring reports for years 4 and 6 will include photo documentation of stream stability and wetland hydrology monitoring data. If monitoring demonstrates the Site is successful by year 5 and no concerns have been identified, the Sponsor may propose to terminate monitoring at the Site and forego monitoring requirements for years 6 and 7. Early closure will only be provided through written approval from the USACE in consultation with the Interagency Review Team (IRT). Monitoring will be conducted by Axiom Environmental, Inc. Annual monitoring reports of the data collected will be submitted to the IRT by the Sponsor no later than December 31 of each monitoring year data is collected. Monitoring and success criteria for the Site should relate to project goals and objectives determined by NC SAM and NC WAM functional assessment methods. From a mitigation perspective, several of the goals and objectives are assumed to be functionally elevated by restoration activities without direct measurement. Other goals and objectives will be considered successful upon achieving stream, wetland, and/or vegetation success criteria. The following Table 20 summarizes Orphan Creek Bank Site Mitigation Plan page 33 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC stream success criteria related to goals and objectives. Table 21 provides a monitoring schedule for the Site. Table 20. Functional Goal/Objectives and Performance Standards Functional Goals/Objectives Performance Standards and Monitoring (1) Hydrology (2) Flood Flow Pebble counts documenting coarsening of bed material from (3) Streamside Area Attenuation Four overbank events in separate monitoring years will be documented during the monitoring period. (4) Floodplain Access Success Criteria (Section 11.3. 1) (4) Wooded Riparian Buffer Attaining Vegetation Success Criteria (Section 11.3. 1) (3) Stream Stability built measurements to document channel stability and (4) Channel Stability Cross-sections, monitored annually, will be compared to as - (3) In -stream Habitat built measurements to document channel stability and (4) Sediment Transport maintenance of channel geomorphology (Section 11. 1.1). (4) Stream Geomorphology Pebble counts documenting coarsening of bed material from (2) Surface Storage and Retention Four overbank events in separate monitoring years, and (2) Subsurface Storage and Retention attaining Vegetation Success Criteria (Section 11.3.1). Water (2) Stream -side Area Vegetation Attaining Vegetation Success Criteria (Sections 11.3. 1) (3) Upland Pollutant Filtration (2) Indicators of Stressors Removal of cattle, fencing intact, and easement encroachment avoided. (2) Pathogen Change Removal of cattle, documentation of four overbank events in (2) Particulate Change separate monitoring years, and attaining Vegetation Success (2) Physical Chance Criteria (Section 11.3. 1) (1) Habitat Orphan Creek Bank Site Mitigation Plan page 34 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Pebble counts documenting coarsening of bed material from (2) In -stream Habitat pre-existing conditions of sand and silt to post restoration conditions of gravel and cobble, and attaining Vegetation Success Criteria (Section 11.3. 1) (3) Substrate Cross-sections, monitored annually, will be compared to as - (3) Stream Stability built measurements to document channel stability and maintenance of channel geomorphology and attaining (3) In -stream Habitat Vegetation Success Criteria (Sections 11.1.1 and 11.3.1). (2) Stream -side Habitat Attaining Vegetation Success Criteria (Section 11.3. 1) Pebble counts documenting coarsening of bed material from (2) Physical Structure pre-existing conditions of sand and silt to post restoration conditions of gravel and cobble, and attaining Vegetation Success Criteria (Section 11.3.1) (2) Landscape Patch Structure Attaining Vegetation Success Criteria (Section 11.3. 1) (2) Vegetative Composition Orphan Creek Bank Site Mitigation Plan page 34 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 21. Monitoring Schedule Resource Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 11.1 STREAMS Monitoring plans for the Site are depicted in Figure 10. Permanent, monumented cross-sections shall be installed at an approximate frequency of one per 50 bankfull-widths, measured along the thalweg, along every reach where Stream Restoration and/or Enhancement Level I mitigation activities are utilized. In general, cross-section locations should be selected to equally represent Dol and riffle areas and should include areas more likely to exhibit instability. Cross-section .-.. Deleted: The sponsor, through its assigns, may exercise discretion p y ty - locations Shall be detailed in the Site as -built survey. in determining the placement and frequency of cross-sections, which shall be determined by best professional judgment. Wolman Pebble Counts shall be conducted annually at a representative subset of cross-sections, spaced approximately 1000 linear feet apart, as measured along the thalweg, for longer Stream Restoration and Enhancement Level I reaches. For shorter Stream Restoration and Enhancement Level I reaches, at a minimum, at least one Wolman Pebble Count shall be conducted on each channel of at least 500 linear feet in length. Longitudinal profiles of thalweg, water surface, bankfull, and top -of -bank of each Stream Restoration and Enhancement Level I reach shall be provided in the Site as -built survey. Additional profile surveys during the Stream Monitoring Period shall not be required, unless evidence of bed and/or bank instability is observed. In such cases, the USACE, in consultation with the IRT, shall determine if remedial measures are necessary. If remedial measures are necessary, remedial measure monitoring and reporting may include additional longitudinal profiles. A stream flow gauge will be installed in the ,upper reaches of UT 1B. The approximate_ locations .--- Deleted: lower of stream flow gauges are depicted on monitoring plan (Figures 10). Determinations regarding the occurrence of bankfull events shall be based on the observation of overbank events utilizing a combination of staff gauges, automated trail cameras, with physical -. -- Deleted: as well as evidence of overbank flooding. Physical indicators, which__ are easily observable, include, Deleted: floodplain scour, vegetation flattening, sediment deposition on floodplains and wrwk lines Deleted: e consisting of deposited debris associated with stream discharges. The presence of physical indicators }nay be used to support flow gauge and photodocumented evidence of bankfull events. Deleted: supporting bankfull event determinations shall Staff gauges may also be installed along Site floodplains at predetermined elevations and locations sufficient to indicate if bankfull events have taken place. If such gauges are installed, they will be monitored routinely. Each bankfull monitoring event may be reported separately to the USACE from annual monitoring reports. Orphan Creek Bank Site Mitigation Plan page 35 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 11.1.1 Stream Success Criteria ,Stream success will be documented with measurements of stream stability mcludm bank -height- Deleted: stream success will be based on a aluaions of functional --------------g------ -- g--- - ratio and entrenchment ratio. Specifically, bank -height -ratios shall not exceed 1.2 in regions of uplift identified on NC SAM calculations. channel altered through design. In addition, the entrenchment ratio shall be no less than 2.2 within E -type or C-type channels and no less than 1.4 for 13 -type channels. Channels with intermittent, or questionable stream discharge (specifically UT 113) will have a stream flow gauge installed to document flow in the channel. An automated trail camera will be mounted in conjunction with the stream flow gauge to document flow duration as well. Success of intermittent streams is expected to include 30 consecutive days of flow, along with more than one indicator of an ordinary high water mark as outlined in Regulatory Guidance Letter 05-05. Project channels shall remain stable and all other performance standards shall be met through four separate bankfull events, occurring in separate years, during the monitoring years 1 through 7. 11.2 WETLANDS Site wetlands are only proposed for Enhancement activities and will not be subject to rigorous hydrologic modification. Therefore, wetland monitoring will be subject to vegetation monitoring for success criteria including the installation of vegetation plots and photographic documentation of vegetation success. Vegetation monitoring is discussed further in Section 11.3 Vegetation. 11.3 VEGETATION After planting has been completed in winter or early spring, an initial evaluation will be performed to verify planting methods and to determine initial species composition and density. Supplemental planting and additional Site modifications will be implemented, if necessary. During quantitative vegetation sampling, sample plots (10 -meter by 10 -meter) will be installed within the Site as per guidelines established in CVS-EEP Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). In each sample plot, vegetation parameters to be monitored include species composition and species density. Visual observations of the percent cover of shrub and herbaceous species will also be documented by photograph. 11.3.1 Vegetation Success Criteria An average density of 320 planted stems per acre must be surviving in the first three monitoring years. Subsequently, 290 planted stems per acre must be surviving in year 4, 260 planted stems per acre in year 5, and 210 planted stems per acre in year 7. In addition, planted vegetation must average 10 feet in height in each plot at year 7 since this Site is located in the Piedmont. Volunteer stems may be considered on a case-by-case basis in determining overall vegetation success; however, volunteer stems should be counted separately from planted stems. 11.4 MACROINVERTEBRATES Macroinvertebrate sampling will be conducted in accordance with the "Qual 4" method described in Standard Operating Procedures for Collection and Analysis of Benthic Macroinvertebrates (NCDWQ 2012). In addition, sampling will occur during the "index period" referenced in Small Streams Biocriteria Development (NCDWQ 2009). Results will be presented on a site -by -site basis Orphan Creek Bank Site Mitigation Plan page 36 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC and will include a list of taxa collecter, an enumeration of Ephemeroptera, Plecoptera, and Tricopetera taxa as well as Biotic Index values. Baseline data can be found in Appendix E and sampling locations are depicted in Figure E1 (also Appendix E). 12.0 MAINTENANCE AND CONTINGENCY PLAN The Sponsor shall monitor the Site on a regular basis and shall conduct a physical inspection a minimum of once per year throughout the post -construction monitoring period until performance standards are met. These inspections may identify components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following construction and are summarized as follows. 12.1 VEGETATION Vegetation will be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical (i.e. chainsaw) and/or chemical (i.e. basal bark herbicide application) methods. Any vegetation control requiring herbicide application & soil fertilization will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations & 15A NCAC 02B .0233. If vegetation Performance Standards are not achieved based on average density calculations from combined plots over the entire restoration area, supplemental planting may be performed with tree species approved by regulatory agencies. Supplemental planting will be performed as needed until achievement of vegetation success criteria. 12.2 STREAMS In the event that stream Performance Standards are not fulfilled, a mechanism for contingency will be implemented. Stream contingency may include, but may not be limited to 1) structure repair and/or installation; 2) repair of dimension, pattern, and/or profile variables; and 3) bank stabilization. The method of contingency is expected to be dependent upon stream variables that are not in compliance with Performance Standards. Primary concerns, which may jeopardize stream success include: 1) structure failure, 2) headcut migration through a Site, and/or 3) bank erosion. Structure Failure In the event that structures are compromised the affected structure will be repaired, maintained, or replaced. Once the structure is repaired or replaced, it must function to stabilize adjacent stream banks and/or maintain grade control within the channel. Structures which remain intact, but exhibit flow around, beneath, or through the header/footer will be repaired by excavating a trench on the upstream side of the structure and reinstalling filter fabric in front of the pilings. Structures which have been compromised, resulting in shifting or collapse of header/footer, will be removed and replaced with a structure suitable anticipated stormwater flows. Headcut Migration In the event that a headcut occurs (identified visually or through measurements [i.e. bank -height ratios exceeding 1.4]), provisions for impeding headcut migration and repairing damage caused by Orphan Creek Bank Site Mitigation Plan page 37 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC the headcut will be implemented. Headcut migration may be impeded through the installation of in -stream grade control structures (rip -rap sill and/or log cross -vane weir) and/or restoring stream geometry variables until channel stability is achieved. Channel repairs to stream geometry may include channel backfill with coarse material and stabilizing the material with erosion control matting, vegetative transplants, and/or willow stakes. Bank Erosion In the event that severe bank erosion occurs, resulting in elevated width -to -depth ratios, contingency measures to reduce bank erosion and width -to -depth ratio will be implemented. Bank erosion contingency measures may include the installation of log -vane weirs and/or other bank stabilization measures. If the resultant bank erosion induces shoot cutoffs or channel abandonment, a channel may be excavated which will reduce shear stress to stable values. 12.3 SITE BOUNDARIES Site boundaries shall be identified in the field to ensure clear distinction between the Site and adjacent properties. Boundaries maybe identified byparker, bollard, oas allowed by Site .._.- Deleted: fence, conditions and/or conservation easement. Disturbed, damaged, or destroyed boundary markers Deleted: , tree -blazing, or other means will be repaired and/or replaced on an as needed basis. 12.4 TERRACELL DROP STRUCTURES Terracell drop structures will be monitored annually at a minimum. In the event of erosion or scour within the structure, maintenance may include structure repair, chinking of the structure to prevent piping, securing of loose coir -fiber matting, and/or supplemental planting of live stakes and erosion control grasses. In the event that debris clogs or inhibits flow over the structure, manual or mechanical removal of debris will occur; maintenance is only expected until the structure naturalizes. 13.0 LONG-TERM MANAGEMENT PLAN The Site will be protected under the terms outlined in the Site's perpetual conservation easement. The conservation easement will prohibit incompatible uses that might jeopardize the objectives of the Site. The North Carolina Wildlife Habitat Foundation ("NCWHF") will be the conservation easement holder. CWHF has requested, and the Sponsor has agreed to provide, twenty thousand Deleted: NCWHF maintains an endowment for the purpose of ($20,000) dollars at the conservation easement closing to hold the Site's easements. monitoring and enforcement conservationeasements it holds ("General Stewardship Fund")).. NCWHFwwilill require aone-time contribution from the Sponsor to NCWHF's General Stewardship In addition to servingas the conservation easement},older NCWHF will also be res onsible for Fund sufscienttosupport NCWHF'sresponsibilities under the f_`-------------------------------------------------h-------__----- long-term management of the Site per the requirements of the Bank UMBI and this Bank Site Site's conservation easements, payable at time of easement closing Deleted: stewardship Mitigation Plan. As the Site has been designed to be self-sustaining, the Site's long-term management activities will be limited to routine boundary inspections and, when necessary, marking Site boundaries to ensure clear identification of conservation areas.' _Per their .. -- Deleted: r2l t While the Sponsor will construct fencing along easement boundaries as well as creek crossings between easements as part of this Bank Site Mitigation Plan, all fencing and crossing maintenance following Bank Site closeout shall be the responsibility of the associated landowner, which will be clearly set out in the Site's final conservation easements. .-. Deleted: . Therefore, fencing/crossing maintenance and/or replacement is not part of the Site's Long-term Management Plan. Orphan Creek Bank Site Mitigation Plan page 38 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC responsibilities as the Site's easement holder, NCWHF will inspect boundaries annually to monitor for encroachment. During these inspections, as the Site's long-term manager, the condition of boundary markings (i.e., signs) will be noted and replaced as needed. The Sponsor has agreed to provide to NCWHF an additional five thousand ($5,000) dollars at the conservation easement closing to fund the Site's long-term management. For the purposes of calculating thegmount required to fund long-term management (see Appendix__,: --- Deleted: Long-term Management Fund Fj the fiollowing assumptions and inputs were used: 1) during the implementation_ of this Bank_ --.--- Deleted: Site Mitigation Plan, fifty (50) signs will be installed and an additional fifty (50) replacement signs will be purchased by the Sponsorp 2) these _signs_ have a 50-year__ life; however, complete_---- Deleted: at no oast to the Long-tem, Management Fund replacement will occur every 20 years; 3) in today's US dollars, it costs $300 to purchase 50 signs and requires four hours of labor ($200) to install 50 signs at the Site; and 4) although NCWHF will use Zevenues generated from the $20,000 required for easement holding (discussed above) t_-- Deleted: their General stewardship Fund inspect boundaries, additional funds were included to ensure completion of boundary inspectionEr 14.0 ADAPTIVE MANAGEMENT PLAN Any changes that may occur in the mitigation plan due to unanticipated construction constraints will be adapted accordingly to meet Performance Standards outlined above (Section 11.0). The Sponsor or its assigns will visit the Site at least annually to check the status of aquatic resources. Likely challenges are limited, but may include a loss of vegetation structure due to natural or man- made causes including mortality of existing mature trees as the result of changes in hydrology, a growing presence of invasive species, or some type of contaminated spill upstream of the Site. In the event that unforeseen changes occur that affect the management or Performance Standards of the Site during its operation period, the Sponsor will utilize the maintenance plan outlined above (Section 12.0 Maintenance and Contingency) and work with the IRT to determine appropriate measures to rectify deficiencies at the Site in order to provide targeted aquatic functions. If such unforeseen changes occur the Sponsor will obtain additional permits as necessary and will provide the USACE a Record Drawing of corrective actions that depict the extent and nature of the work performed. 15.0 FINANCIAL ASSURANCES Prior to the first credit release, and over the operational life of the Site, the Sponsor shall provide financial assurances sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required pursuant to the Bank UMBI. Such assurances shall be separated into two types, identified as follows: 1) mitigation plan implementation (herein after referred to as "Implementation Assurance"), which shall assure the Site's construction, monitoring and maintenance phases; and 2) maintenance and monitoring (herein after referred to as "Maintenance and Monitoring Assurance") following the full implementation of the Mitigation Work Plan detailed in Section 10.0 of this Bank Site Mitigation Plan, which effectively replaces or reduces the value of the Implementation Assurance. 15.1 IMPLEMENTATION ASSURANCE The Implementation Assurance shall consist of aperformance bond in a form substantially similar_-,-.--- Deleted: either to the draft provided in Appendix G underwritten by a surety company licensed to do business in --_-- Deleted: F _.. _. North Carolina with a Best's current rating of not less than "t The total value of such bond or -.--- - - - Deleted: % or a casualty insurance policy in an appropriate form policy shall be three hundred forty one thousand dollars ($341,000.00). to be approved by the USAF in compliance with current USAF policy and guidance documents. Orphan Creek Bank Site Mitigation Plan page 39 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page: 115 Number: 1 Author: K7RG9TT9 Subject: Highlight Date: 2/23/2017 3:18:55 PM For consistency with other plans, should have a paragraph following this sentence that states: "In support of NCWHF as the Site's easement holder and long-term manager, the Sponsor will provide a lump sum payment of twenty-five thousand ($25,000) dollars to NCWHF at the time of conservation easement closing, prior to the Site's initial credit release. This payment includes funds to support NCWHF's role as the easement holder ($20,000) and additional funds to support long-term management ($5,000)." 15.2 MAINTENANCE AND MONITORING ASSURANCE ollowing s construction, P p the_Site's the Implementation Assurance shall be re laced with another - - Deleted: If perfoanance bond is utilized, following - performance bond. The replacement bond shall be in a form substantially similar to the draft provided in Appendix G, The total value of such bond shall be twenty seven thousand five -,-- Deleted: F hundred dollars ($27,500). - - - - - - --- ------------------- --- ------------ Deleted' No such replacement is necessary if a casualty insurance policy is utilized. 15.3 OTHER FINANCIAL ASSURANCE REQUIREMENTS Financial Assurances shall be payable _to_ the Site's easement holder and financial assurance ---- Deleted: assurance obligess, the NCWHF. In addition, financial assurances shall contain a provision ensuring the District Engineer receives notification at least 120 days in advance of any termination or revocation. 16.0 CONCLUSIONS The development of the Orphan Creek Bank Site Mitigation Plan under the terms and conditions of the Cape Fear 02 Umbrella Mitigation Bank will result in the ecological improvement of 2,615 linear feet of stream and 0.10 acres of wetland. The Site has the potential to provide 2,420 SMUs and 0.05 WMUs through the restoration, enhancement and permanent protection of 7 -acres surrounding several currently impacted streams and wetlands in Alamance County, North Carolina. Orphan Creek Bank Site Mitigation Plan page 40 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 17.0 REFERENCES Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classifications of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical ReportY-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Gordon, N.D., T.A. McMahon, and B.L. Finlayson. 1992. Stream Hydrology: an Introduction for Ecologists. John Wiley & Sons, Ltd. West Sussex, England. Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Harman, W.A., G.D. Jennings, J.M. Patterson, D.R. Clinton, L.A. O'Hara, A. Jessup, R. Everhart. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. N.C. State University, Raleigh, North Carolina. Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2006. CVS-EEP Protocol for Recording Vegetation, Level 1-2 Plot Sampling Only. Ecosystem Enhancement Program, North Carolina Department of Environment and Natural Resources. 11 pp. Natural Resources Conservation Service (MRCS). 2014. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/app/ [January 9, 2014]. United States Department of Agriculture. North Carolina Division of Water Quality (NCDWQ). 2001. Benthic Macroinvertebrate Monitoring Protocols for Compensatory Mitigation. 401/Wetlands Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2005. Cape Fear River Basinwide Water Quality Plan. Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=2eddbd59-b382-4b5 8-97ed- c4049bf4e8e4&groupId=38364. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2006. Standard Operating Procedures for Benthic Macroinvertebrates. Biological Assessment Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. Orphan Creek Bank Site Mitigation Plan page 41 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC North Carolina Division of Water Quality (NCDWQ). 2012. Final North Carolina Water Quality Assessment and Impaired Waters List (2012 Integrated 305(b) and 303(d) Report) (online). Available: http://portal.ncdenr.org/web/wq/ps/mtu/assessment [January 9, 2014]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2014. 2014 NC 303(d) List — Category 5 Final December 19, 2014 (online). Available: http://por-tal.ncdenr.org/c/document_library/get_file?uuid=28b97405-5 5 da-4b21-aac3- f580ee810593&groupId=38364 [October 28, 2015]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2015. North Carolina Water Bodies Report (online). Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=l Oc60296-dcc8-439f-a4l c- d475ea7adlfa&groupld=38364 [April 2015]. North Carolina Department of Environment and Natural Resources, Raleigh. North Carolina Ecosystem Enhancement Program (NCEEP 2009). Cape Fear River Basin Restoration Priorities 2009 (online). Available http://portal.ncdenr.org/c/document_library/get_file?uuid=864e82e8-725 c-415 e-8ed9- c72dfcb55012&groupId=60329 North Carolina Ecosystem Enhancement Program (NCEEP 2011). Monitoring Requirements and Performance Standards for Stream and/or Wetland Mitigation. North Carolina Stream Functional Assessment Team. (NC SFAT 2015). N.C. Stream Assessment Method (NC SAM) User Manual. Version 2.1. Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology (Publisher). Pagosa Springs, Colorado Schafale, M and Weakley, A. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation. Raleigh, North Carolina United States Army Corps of Engineers, United States Environmental Protection Agency, North Carolina Wildlife Resources Commission, North Carolina Division of Water Quality (USAGE et al.). 2003. Stream Mitigation Guidelines. Unites States Army Corps of Engineers (USACE). 2010. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region. United States Census Bureau (USCB). 2013. Population estimates V.2013. http://quickfacts.census.gov/gfd/states/37000.html Orphan Creek Bank Site Mitigation Plan page 42 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC United States Department of Agriculture (USDA). 1960. Soil Survey of Alamance County, North Carolina. Soils Conservation Service, United States Department of Agriculture. United States Department of Agriculture (USDA). 1908. Soil Survey of Caswell County, North Carolina. Soils Conservation Service, United States Department of Agriculture. United States Environmental Protection Agency (USEPA). 1990. Mitigation Site Type Classification (MiST). USEPA Workshop, August 13-15, 1989. EPA Region IV and Hardwood Research Cooperative, NCSU, Raleigh, North Carolina. United States Fish and Wildlife Service (USFWS). 2015. Threatened and Endangered Species in North Carolina (online). Available: http://www.fws.gov/nc-es/es/countyfr.html. [April 17, 20151. United States Fish and Wildlife Service, Raleigh, North Carolina. United States Geological Survey (USGS). 2006. Estimating the Magnitude and Frequency of Floods in Rural Basins of North Carolina — Recompiled. USGS Water -Resources Investigations Report 01-4207. Raleigh, North Carolina. Orphan Creek Bank Site Mitigation Plan page 43 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX A JURISDICTIONAL DETERMINATION PACKAGE Orphan Creek Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX B BANK SITE CONSERVATION EASEMENT Orphan Creek Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX C. MORPHOLOGY TABLES AND EXISTING STREAM CHARACTERISTIC DATA Orphan Creek Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX D. FLOOD FREQUENCY ANALYSIS DATA Orphan Creek Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX E. PRECONSTRUCTION BENTHIC MACROINVERTEBRATE DATA Orphan Creek Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX F. DRAFT FINANCIAL ASSURANCE Orphan Creek Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Mitigation Bank Restoration Systems, LLC Page 24: [1] Deleted Adam Riggsbee 2/7/17 10:33:00 AM Proof of establishment and full funding of Long-term Management Fund. Page 38: [2] Deleted Adam Riggsbee 2/7/171 AM A separate endowment fund ("Long-term Management Fund"), to be held by NCWHF, will be established by the Sponsor to support long-term management activities after Bank Site closeout. Based on the calculations presented in Appendix F, the Long-term Management Fund shall consist of an initial principal investment of $5,000 (see Appendix F for principal calculations), which will be funded as a required milestone for the Site's Year 7 credit release (see Table 15). DRAFT BANK SITE MITIGATION PLAN CAPE FEAR 02 UMBRELLA MITIGATION BANK DEVELOPED THROUGH RESTORATION AND ENHANCEMENT OF THE BENTON BRANCH BANK SITE Caswell County, North Carolina PREPARED BY: RESTORATION SYSTEMS, LLC 1101 HAYNES STREET, SUITE 211 RALEIGH, NORTH CAROLINA 27604 AND AXIOM ENVIRONMENTAL, INC. 218 SNOW AVENUE RALEIGH, NORTH CAROLINA 27603 Axiom Environmental, Inc Deleted: YEBRUARY 2017--- Deleted: OCTOBER 2016 ____- —Section Break (Continuous) EXECUTIVE SUMMARY Restoration Systems, LLC proposes the Benton Branch Bank Site Mitigation Plan for inclusion into the Cape Fear 02 Umbrella Mitigation Bank. Phase I of the Cape Fear 02 Umbrella Mitigation Bank includes the proposed restoration and enhancement of four stream and wetland mitigation sites in the Haw River Basin, which also referred to as the Cape Fear 02 watershed. The Phase I Bank Sites (Bank Sites) are comprised of the following: 1) Motes Creek in Alamance County, 2) Benton Branch in Caswell County, 3) Orphan Creek in Alamance County, and 4) Rocky Top in Alamance County (Figures 1 and 2). This detailed Bank Site Mitigation Plan describes the Benton Branch Bank Site (hereafter referred to as the "Site"), located approximately 12 miles north of Burlington. The Benton Branch Site encompasses 33 acres of land located on both sides of Milesville Road at the intersection of Massey Road (Figure 3). Directions to the Site from Burlington are as follows. From Burlington Take Holt St./NC-62 toward N. Fishe St. — 0.1 mile Continue on Rauhut St./NC-62 — 3.2 miles Turn left on Union Ridge Rd. — 6.0 miles Turn left on Stoney Mountain Rd. — 2.3 miles Stoney Mountain Rd becomes Stoney Creek Mountain Rd. — 0.9 mile Stoney Creek Mountain Rd. becomes Milesville Rd. — 1.4 miles Turn left on Massey Rd. Site Coordinates: 36.278744, -79.419371 Benton Branch is characterized primarily by agricultural land utilized for beef cattle production and municipal effluent disposal, with scattered disturbed forest. Currently, the Site includes approximately 9,217 linear feet of perennial and intermittent stream channels, which are fully exposed to partially shaded by a mixture of mature riparian vegetation, and exhibit entrenchment, bank failure, or channel erosion from livestock and agriculture practices located within the watershed. Site floodplains are characterized by 3.3 acres of hydric soil (2.3 acres of disturbed wetland and 1.0 acres of drained hydric soil). An additional 1.7 acres of potential wetland may occur in ponds that will be drained and removed during the project. The main hydrologic features include Benton Branch, six unnamed tributaries (UT) to Benton Branch, and adjacent floodplains. Existing reaches are classified as unstable F -type, Cf -type, Eg-type, and Cg -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal, in addition to manual removal of substrate by the landowner. Stream and wetland mitigation activities at Benton Branch involve Stream Restoration, Stream Enhancement (Level I and II), Wetland Restoration, and Wetland Enhancement. Stream and wetland mitigation are expected to result in approximately 9,835 linear feet of stream channel, 3.3 acres of jurisdictional wetland, and 1.7 acres of potential jurisdictional wetland (in ponds to be Benton Branch Bank Site Mitigation Plan Executive Summary page i Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC removed during the project which will generate 5,992 Stream Mitigation Units and 3.9 Riparian Wetland Mitigation Units. Benton Branch Bank Site Mitigation Plan Executive Summary page ii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC TABLE OF CONTENTS EXECUTIVESUMMARY.............................................................................................................I 1.0 INTRODUCTION.....................................................................................................................1 2.0 0 1ECTIVES............................................................................................................................2 2.1 SITE SPECIFIC MITIGATION GOALS..............................................................................................3 3.0 WATERSHED APPROACH.......................................................................................................7 3.1 ANK SITE SELECTION ..............................................................................................................7 4.0 SITE PROTECTION..................................................................................................................9 5.0 REFERENCE STUDIES..............................................................................................................9 5.1 CHANNEL CLASSIFICATION........................................................................................................9 5.2 REFERENCE FOREST ECOSYSTEM..............................................................................................11 6.0 ASELINE INFORMATION....................................................................................................11 6.1 EXISTING CONDITIONS...........................................................................................................12 7.0 CHANNELSTA ILITYASSESSMENT......................................................................................17 7.1 STREAM POWER...................................................................................................................17 7.2 SHEAR STRESS......................................................................................................................18 7.3 STREAM POWER AND SHEAR STRESS METHODS AND RESULTS........................................................19 7.4 ANKFULL VERIFICATION........................................................................................................21 8.0 POTENTIAL CONSTRAINTS...................................................................................................22 8.1 SITE ACCESS........................................................................................................................23 8.2 UTILITIES.............................................................................................................................23 8.3 FEMA/HYDROLOGIC TRESPASS...............................................................................................23 8.4 FEDERALLY PROTECTED SPECIES...............................................................................................23 8.5 STATE LISTED SPECIES............................................................................................................24 9.0 CREDIT DETERMINATION AND RELEASE..............................................................................24 9.1 CREDIT DETERMINATION........................................................................................................24 9.2 STREAM CREDIT RELEASE SCHEDULE......................................................................................... _-..." Deleted: 27 9.3 WETLAND CREDIT RELEASE SCHEDULE...................................................................................... _-' Deleted: 29 10.0 MITIGATION WORK PLAN..................................................................................................22 -------- Deleted: 30 10.1 RESTORATION PROJECT GOALS AND O JECTIVES.......................................................................2 _ --. -- Deleted: 30 10.2 STREAM AND WETLAND DESIGN............................................................................................3 --------- Deleted: 31 10.3 STREAM RESTORATION........................................................................................................3 0 --------- Deleted: 31 10.4 STREAM ENHANCEMENT LEVEL I............................................................................................ ------- Deleted: 33 10.5 STREAM ENHANCEMENT LEVEL II...........................................................................................33 10.6 WETLAND RESTORATION AND ENHANCEMENT..........................................................................33 10.7 PLANT COMMUNITY RESTORATION.........................................................................................34 10.8 PLANTING PLAN................................................................................................................. --- "" Deleted: 35 10.9 NUISANCE SPECIES MANAGEMENT.........................................................................................37 10.10 SOIL MANAGEMENT AND EROSION CONTROL MEASURES...........................................................37 11.0 PERFORMANCE STANDARDS AND MONITORING REQUIREMENTS...................................37 11.1 STREAMS..........................................................................................................................39 11.2 WETLANDS........................................................................................................................40 11.3 VEGETATION......................................................................................................................4 -""--" Deleted: 40 11.4 MACROINVERTE RATES.......................................................................................................41 12.0 MAINTENANCE AND CONTINGENCY PLAN........................................................................41 12.1 VEGETATION...................................................................................................................... - Deleted: 41 Benton Branch Bank Site Mitigation Plan Table of Contents page i Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 12.2 12.3 12.4 12.5 13.0 14.0 15.0 15.1 15.2 15.3 16.0 17.0 STREAMS..........................................................................................................................4 4- = --_" Deleted: 41 WETLAND HYDROLOGY........................................................................................................ _. 43._____--- Deleted: 42 SITEOUNDARIES............................................................................................................... Topography and Drainage Area --. Deleted: 42 TERRACELL DROP STRUCTURES..............................................................................................43 LONG-TERM MANAGEMENT PLAN...................................................................................43 ADAPTIVE MANAGEMENT PLAN.......................................................................................44 -_..- Deleted: 43 FINANCIAL ASSURANCE.....................................................................................................4A-_-_= Deleted: 43 IMPLEMENTATION ASSURANCE.............................................................................................. 45_.-- Deleted: 44 MAINTENANCE AND MONITORING ASSURANCE........................................................................445 --------- Deleted: 44 OTHER FINANCIAL ASSURANCE REQUIREMENTS........................................................................445 --------- Deleted; 44 CONCLUSIONS...................................................................................................................445 --------- Deleted: 44 REFERENCES......................................................................................................................46 ---------- Deleted: 45 APPENDICES Appendix A. Jurisdictional Determination Appendix B. Bank Site Conservation Easement Appendix C. Morphology Tables and Existing Stream Characteristic Data Appendix D. Flood Frequency Analysis Appendix E. Preconstruction Benthic Macroinvertebrate Data Appendix F. Draft Financial Assurance LIST OF FIGURES Lfgure 1. Bank Site Locations Map Figure 2. Bank Hydrologic Unit Map Figure 3. Benton Branch Site Location Figure 4. Topography and Drainage Area {gure 5. Existing Conditions and Soils L[gures 6A -6D. Restoration Plan Figure 7. Proposed Dimension Pattern and Profile Figures 8A -8B. Typical Structure Details Figures 9A -9B. Planting Plan Figures I OA -1 OB. Monitoring Plan Figure C1. Benton Branch Cross-section Locations Figure El. Benton Branch Benthic Sampling Locations Benton Branch Bank Site Mitigation Plan Table of Contents page ii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page: 131 Number: 1 Author: K7RGLDEB Subject: Comment on Text Date: 2/13/2017 3:27:35 PM In final submission, need to see updated figures ensuring that the titles say "Cape Fear 02 Umbrella Mitigation Bank' Number: 2 Author: K7RGLDEB Subject: Comment on Text Date: 2/13/2017 3:38:01 PM Minor formatting issue: ensure that the potential wetland restoration area around the lower pond on UT 2 should have an outline around the hatching. LIST OF TABLES Table1. Benton Branch Credit Summary................................................................................................2 Table 2A. Hydrological Functional Objectives and Proposed Actions..................................................2 Table 2B. Water Quality Functional Objectives and Proposed Actions................................................3 Table 2C. Habitat Functional Objectives and Proposed Actions...........................................................3 Table 3A. Benton Branch Bank Site NC SAM Summary.......................................................................4 Table 3B. Benton Branch Bank Site NC WAM Summary.....................................................................5 Table 3C. Mitigation Work Plan Components Meeting Functional Goals/Objectives ........................6 Table 3D. Mitigation Activities and Credit Potential..............................................................................7 Table 4. Population Growth in Cape Fear 02..........................................................................................8 Table 5. Watershed Stressors and Usage Ratings....................................................................................9 Table 6. Reference Bankfull Cross -Sectional Area................................................................................10 Table7. Reference Forest Ecosystem......................................................................................................11 Table8. Soils..............................................................................................................................................14 Table 9. Existing Stream Characteristics...............................................................................................15 Table 10. Stream Power (Q) and Shear Stress (i) Values.....................................................................20 Table 11. Reference Reach Bankfull Discharge Analysis......................................................................22 Table12. Federal Species of Concern.....................................................................................................24 Table 13. Mitigation Reach -by -Reach Credit Determination Summary.............................................25 Table 14. Mitigation Activity and Credit Determination Summar 2 = - Deleted: z� Table 15. Stream Credit Release Schedule.............................................................................................27 = Deleted: zs Table 16. Wetland Credit Release Schedule...........................................................................................2L . _ Deleted: z9 Table17. Construction Time Frame....................................................................................................... 33 Deleted: 31 Table18. Mitigation Totals...................................................................................................................... -------- Deleted: 31 Table19. Planting Plan............................................................................................................................36 Table 20. Functional Goals/Objectives and Performance Standards..................................................38 Table 21. Monitoring Schedule................................................................................................................39 Table C -Reference. Reference Reach Morphological Stream Characteristics ........................... Appendix C Table Cl. Benton Branch Morphological Stream Characteristics .............................................. Appendix C Benton Branch Bank Site Mitigation Plan Table of Contents page iii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC DRAFT BANK SITE MITIGATION PLAN CAPE FEAR 02 UMBRELLA MITIGATION BANK RESTORATION AND ENHANCEMENT OF THE BENTON BRANCH BANK SITE Caswell County, North Carolina 1.0 INTRODUCTION Restoration Systems, LLC (the Sponsor) is pleased to propose the Benton Branch Mitigation Bank Site (hereafter referred to as the "Site" for inclusion into the Cape Fear 02 Umbrella Mitigation Bank (the Bank). The Site encompasses 33 acres of land located on both sides of Milesville Road at the intersection of Massey Road (Figure 3). Directions to the Site from Burlington are as follows. From Burlington Take Holt St./NC-62 toward N. Fishe St. — 0.1 mile Continue on Rauhut St./NC-62 — 3.2 miles Turn left on Union Ridge Rd. — 6.0 miles Turn left on Stoney Mountain Rd. — 2.3 miles Stoney Mountain Rd becomes Stoney Creek Mountain Rd. — 0.9 mile Stoney Creek Mountain Rd. becomes Milesville Rd. — 1.4 miles Turn left on Massey Rd. Site Coordinates: 36.278744, -79.419371 The Site is characterized primarily by agricultural land utilized for beef cattle production and municipal effluent disposal, with scattered disturbed forest. Currently, the Site includes approximately 9,217 linear feet of perennial and intermittent stream channels, which are fully exposed to partially shaded by a mixture of mature riparian vegetation, and exhibit entrenchment, bank failure, or channel erosion from livestock and agriculture practices located within the watershed. Site floodplains are characterized by 3.3 acres of hydric soil (2.3 acres of disturbed wetland and 1.0 acres of drained hydric soil). An additional 1.7 acres of potential wetland restoration may occur in ponds that will be drained and removed during the project. The main hydrologic features include Benton Branch, six unnamed tributaries (UT) to Benton Branch, and adjacent floodplains. Existing reaches are classified as unstable F -type, Cf -type, Eg-type, and Cg -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal, in addition to manual removal of substrate by the landowner. Stream and wetland mitigation activities at the Site involve Stream Restoration, Stream Enhancement (Level I and II), Wetland Restoration, and Wetland Enhancement. Stream and wetland mitigation are expected to result in approximately 9,835 linear feet of stream channel, 3.3 acres of jurisdictional wetland, and 1.7 acres of potential wetland restoration in ponds to be Benton Branch Bank Site Mitigation Plan page 1 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC removed which will generate 5,992 Stream Mitigation Units and 3.9 Riparian Wetland Mitigation Units. Table 1. Benton Branch Credit Summary Wetland Credit Potential Stream Credit Potential Hydro Status* Mitigation Activity (WMUs) (SMUs) Perennial/ Restoration, 3.9 Intermittent* Enhancement 5,992 `Note: ferenmal and Intermittent stream calls have not been approved by the NC Division of Water Kesources and Hydrologic status is for descriptive purposes only. The Site is located in the Haw River basin, or Cape Fear 02, Hydrological Unit Code (HUC) 03030002. 2.0 OBJECTIVES Proposed mitigation activities include: Stream Restoration, Enhancement Level I, Enhancement Level II, Wetland Restoration, and Wetland Enhancement. Tables 2A -2C summarize the overall project goals/objectives and proposed actions to accomplish such goals and objectives, which address the needs of the Site's watershed and general geographic area (see sections 3.1 and 10.1 for further discussion). Table 2A. Hydrological Functional Objectives and Proposed Actions Hydrological Improvement Objectives Proposed Actions Floodplain Connectivity Reconnect channels with historic floodplains Floodplain Resistance Plant woody riparian buffers; increase microtopograpby Stream Stability & Reconstruct stream channels, sized to convey bankfull Sediment Transport discharges and watershed sediment supplies Channels constructed or raised to historic floodplain Surface and Subsurface Storage and elevations; increased floodplain hydraulic resistance Retention by planting woody vegetation and increasing microtopography (Remainder of page intentionally left blank) Benton Branch Bank Site Mitigation Plan page 2 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 2B. Water Quality Functional Objectives and Proposed Actions Water Quality Improvement Objectives Proposed Actions Cattle exclusion and/or cessation of agricultural Remove Pollutant Sources practices Plant woody riparian buffers; construct marsh Upland Pollutant Filtration treatment features intercepting overland flows Increase floodplain connectivity; plant woody Floodplain Biogeochemical Processing riparian buffers; increase microtopography; construct marsh treatment areas Thermal Regulation Plant woody riparian buffers to provide shade Table 2C. Habitat Functional Objectives and Proposed Actions Habitat Functional Improvement Objectives Proposed Actions Construct stable channels, geomorphology designed In -channel Habitat to increase hydraulic and bedform habitat heterogeneity Plant native, woody riparian buffers providing Riparian Habitat and Structure foraging, nesting and cover for terrestrial species as well as refugia for aquatic species 2.1 SITE SPECIFIC MITIGATION GOALS Site specific mitigation goals and objectives have been developed through the use of functional assessment analyses of existing stream and wetland systems at the Site. Functional assessment methods include NC Stream Assessment Method (NC SAM) and NC Wetland Assessment Method (NC WAM). These methodologies rate functional metrics for streams and wetlands as high, medium, or low based on field data collected on forms and transferred into a rating calculator. Using Boolean logic, the rating calculator assigns a high, medium, or low value for each metric and overall function of the stream or wetland area. 2.1.1 Mitigation Goals Mitigation goals and objectives proposed for the Site are based on functional metrics identified by the NC SAM and NC WAM rating calculator. Functional metrics have been developed by regulatory agencies and are summarized in the Tables 3A and 3B. Site functional assessment data forms are included in Appendix A (JD Package). Benton Branch Bank Site Mitigation Plan page 3 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Mitigation activities include Stream Restoration, Stream Enhancement (Level I and II), Wetland Restoration, and Wetland Enhancement. The following table summarizes the NC SAM and NC WAM metrics targeted and the corresponding mitigation activities proposed to provide functional uplift. Metrics targeted to meet the Site's goals and objectives are depicted in bold in Tables 3A and 3B. Table 3A. Benton Branch Bank Site NC SAM Summary NC SAM Function Class Rating Summary UTl (Up) UT1/2 UT3 (EII) UT4 (1) HYDROLOGY LOW LOW MED LOW (2) Baseflow MED MED MED HIGH (2) Flood Flow LOW LOW MED LOW (3) Streamside Area Attenuation MED LOW LOW MED (4) Floodplain Access MED LOW LOW MED (4) Wooded Riparian Buffer MED LOW MED MED (4) Microtopography LOW LOW MED MED (3) Stream Stability LOW LOW HIGH LOW (4) Channel Stability LOW LOW HIGH LOW (4) Sediment Transport LOW LOW MED MED (4) Stream Geomorophology LOW LOW HIGH MED (1) WATER QUALITY LOW LOW LOW MED (2) Baseflow MED MED MED HIGH (2) Stream -side Area Vegetation LOW LOW LOW LOW (3) Upland Pollutant Filtration LOW LOW LOW LOW (3) Thermoregulation MED LOW MED MED (2) Indicators of Stressors YES YES YES YES (2) Aquatic Life Tolerence LOW HIGH MED HIGH (1) HABITAT LOW LOW LOW LOW (2) In -stream Habitat LOW LOW LOW MED (3) Baseflow MED MED MED HIGH (3) Substrate LOW LOW MED MED (3) Stream Stability LOW LOW HIGH LOW (3) In -Stream Habitat LOW LOW LOW MED (2) Stream -side Habitat MED LOW MED LOW (3) Stream -side Habitat MED LOW MED MED (3) Thermoregulation MED LOW MED LOW OVERALL LOW LOW LOW LOW (Remainder ofpage intentionally left blank) Benton Branch Bank Site Mitigation Plan page 4 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 3B. Benton Branch Bank Site NC WAM Summary NC WAM Sub -function Rating Summary UTI UT 2 UT3 UT4 UT5/UT6 Wetland Type HF HF BHF HF BHF Wetland ID SF SG DA SB SC,SD,SE DB DC SA (1) HYDROLOGY MED LOW LOW MED MED LOW (2) Surface Storage & Retention LOW LOW LOW LOW LOW LOW (2) Sub -surface Storage and Retention HIGH HIGH MED MED HIGH MED (1) WATER QUALITY LOW LOW LOW LOW HIGH MED (2) Pathogen change LOW MED MED MED HIGH MED (2) Particulate Change LOW LOW LOW LOW LOW LOW (2) Soluble change LOW LOW MED MED MED MED (2) Physical Change LOW MED LOW LOW HIGH MED (1) HABITAT LOW LOW LOW LOW LOW LOW (2) Physical Structure LOW LOW LOW LOW LOW LOW (2) Landscape Patch Structure LOW LOW LOW LOW LOW LOW (2) Vegetative Composition LOW LOW LOW LOW LOW LOW OVERALL LOW LOW LOW LOW MED LOW Wetland Type - BHF (Bottomland Hardwood Forest), HF (Hardwood Forest) Wetland ID - See JD mapping for locations of Wetlands (Remainder ofpage intentionally left blank) Benton Branch Bank Site Mitigation Plan page 5 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 3C. Functional Goals/Objectives and Corresponding Mitigation Work Plan Components Functional Goals/Objectives I Mitigation Work Plan Component m u..Are! ..., (2) Flood Flow (Floodplain Access) aJ (3) Streamside Area Attenuation Building a new channel at the historic floodplain elevation to (4) Floodplain Access restore overbank flows (4)Microtopography Deep rip floodplain soils to reduce compaction and increase (2) Indicators of Stressors soil surface roughness (3) Stream Stability Providing proper channel width, depth, pattern, and profile to (4) Channel Stability adequately move appropriate sediment loads; stabilizing (4) Sediment Transport channel banks; providing gravel/cobble substrate; and (4) Stream Geomorphology planting a woody riparian buffer Building a new channel at the historic floodplain elevation (2) Surface Storage and Retention restoring overbank flows, removing cattle, scarifying inundation/duration compacted soils, and planting woody vegetation (2) Subsurface Storage and Retention Removing cattle, ripping compacted soils, and planting a woody riparian buffer (2) In -stream Habitat (1) Water Quality (2) Stream -side Area Vegetation planting a woody riparian buffer Planting a native, woody riparian buffer (3) Upland Pollutant Filtration (3) Stream Stability adequately move appropriate sediment loads; stabilizing (2) Indicators of Stressors channel banks; and providing gravel/cobble substrate Removing cattle and other agricultural inputs (2) Particulate Change (2) Physical Structure Raising the stream bed elevation, restoring overbank flows, planting a woody riparian buffer planting with woody vegetation, removing cattle, increasing (2) Physical Change surface storage and retention, and restoring appropriate (2) Vegetative Composition Planting a woody riparian buffer inundation/duration (1) Habitat (2) In -stream Habitat Building a stable channel with a cobble/gravel bed and planting a woody riparian buffer (3) Substrate Providing proper channel width, depth, pattern, and profile to (3) Stream Stability adequately move appropriate sediment loads; stabilizing (3) In -stream Habitat channel banks; and providing gravel/cobble substrate (2) Stream -side Habitat Planting a woody riparian buffer (2) Physical Structure Building a stable channel with a cobble/gravel bed and planting a woody riparian buffer (2) Landscape Patch Structure Provide wooded, riparian corridors through agricultural areas for wildlife passage (2) Vegetative Composition Planting a woody riparian buffer (Remainder ofpage intentionally left blank) Benton Branch Bank Site Mitigation Plan page 6 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Site mitigation activities, anticipated final stream lengths, wetland areas, and applicable mitigation ratios are depicted in Table 3D. Table 31). Miti¢atlon Activities and Credit Potential 3.0 WATERSHED APPROACH 3.1 BANK SITE SELECTION The Cape Fear River basin is one of four rivers in North Carolina completely contained within the state's boundaries. Comprised of five major drainages—Haw River, Deep River, Northeast Cape Fear River, Black River, and the Cape Fear River—the basin drains portions of 26 counties and 115 municipalities with a total of 6,386 stream miles. The most populated portions of the basin are located in the Triad, the Triangle, Fayetteville, and Wilmington (NCDWQ 2005). Primary considerations for Site selection included the potential for improvement of water quality within a region of North Carolina under heavy development and livestock/agricultural pressure. More specifically, considerations included: desired aquatic resource functions; hydrologic conditions; soil characteristics; aquatic habitat diversity; habitat connectivity; compatibility with adjacent land uses; reasonably foreseeable effects the mitigation project will have on ecologically important aquatic and terrestrial resources; and potential development trends and land use changes. Site specific characteristics are summarized below, in addition to development trends and land use changes within the Cape Fear 02 watershed. Currently, the proposed Site is agricultural land utilized for beef cattle production and Town of Elon Wastewater effluent disposal, with scattered disturbed forest. A summary of existing Site characteristics in favor of proposed stream and wetland activities include the following. • Streams and wetlands are accessible to livestock Benton Branch Bank Site Mitigation Plan page 7 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Proposed Mitigation Credit Potential Streams Streams (linear Non-credit Wetlands Mitigation Mitigation Activity feet) Generating (acres) Ratio SMUs WMUs .- Formatted Table Stream Restoration 4,619 84 1:1 4535 Stream Enhancement I 480 1.5:1 320 Stream Enhancement II 1106 22 2.5:1 434 Stream Enhancement II 3,630 113 5:1 704 Wetland Restoration 1.0 1:1 1.0 Wetland Enhancement 2.3 2:1 1.2 Potential Wetland Restoration 1.7 1:1 ing& 1.7 Totals 9,835 219 5.0 5992 3.9 3.0 WATERSHED APPROACH 3.1 BANK SITE SELECTION The Cape Fear River basin is one of four rivers in North Carolina completely contained within the state's boundaries. Comprised of five major drainages—Haw River, Deep River, Northeast Cape Fear River, Black River, and the Cape Fear River—the basin drains portions of 26 counties and 115 municipalities with a total of 6,386 stream miles. The most populated portions of the basin are located in the Triad, the Triangle, Fayetteville, and Wilmington (NCDWQ 2005). Primary considerations for Site selection included the potential for improvement of water quality within a region of North Carolina under heavy development and livestock/agricultural pressure. More specifically, considerations included: desired aquatic resource functions; hydrologic conditions; soil characteristics; aquatic habitat diversity; habitat connectivity; compatibility with adjacent land uses; reasonably foreseeable effects the mitigation project will have on ecologically important aquatic and terrestrial resources; and potential development trends and land use changes. Site specific characteristics are summarized below, in addition to development trends and land use changes within the Cape Fear 02 watershed. Currently, the proposed Site is agricultural land utilized for beef cattle production and Town of Elon Wastewater effluent disposal, with scattered disturbed forest. A summary of existing Site characteristics in favor of proposed stream and wetland activities include the following. • Streams and wetlands are accessible to livestock Benton Branch Bank Site Mitigation Plan page 7 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC • Stream banks are trampled by livestock • Streams and wetlands have been cleared of forest vegetation • Streams are entrenched and stream banks are eroding and failing • Stream channel morphology has been lost in downstream reaches • Site receives inputs from beef cattle as well as Town of Elon Wastewater effluent • Wetland soils have been compacted by livestock and agricultural activities • Wetland hydrology has been removed by stream channel entrenchment, floodplain ditching, and excavation of the floodplain • Streams are classified as nutrient sensitive waters, high quality waters, and are located in a water supply watershed (WS -II) In addition to the opportunity for ecological improvements at the Site, the use of particular mitigation activities and methods proposed in the Mitigation Work Plan (Section 10.0) are expected to produce naturalized stream and wetland resources that will be ecologically self- sustaining, requiring minimal long-term management (see Long-term Management Plan in Section 13.0). Development Trends and Land Use Changes in Cape Fear 02 Between the 2000 and 2010 censuses, the Cape Fear 02 population increased approximately 17 percent (Table 4). The general trend of population growth appears to be continuing according to recent population estimates, which indicates Guilford, Orange, Chatham, and Durham counties are all growing at faster annual rates than North Carolina's 1.02 percent (USCB 2013). These data suggest land development activities will increase in frequency, as will aquatic ecosystem impacts related to such development. Therefore, there is an immediate and prolonged need for compensatory stream mitigation in the watershed. Of further benefit, aquatic ecosystem restoration projects are capable of reducing nutrient loading in sensitive downstream receiving waters such as Jordan Lake. Table 4. Population Growth in Cape Fear 02 Municipality 2000 Population 2010 Population Percent Increase Greensboro 223,891 269,666 20 Burlington 44,917 49,963 11 Chapel Hill 48,715 57,233 17 Durham* 187,035 228,330 22 Rest of Guilford County 421,048 488,406 11 Rest of Alamance County 130,800 151,131 18 Rest of Orange County 118,227 133,801 10 Chatham County 49,329 63,505 29 Rest of Durham County* 223,314 267,587 8 Totals 942,718 1,104,430 17 Benton Branch Bank Site Mitigation Plan page 8 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC *Some portions of Durham (city) and Durham County are located in the Cape Fear 02; the majority of these areas are located in the Neuse River basin. The Site is located within the Cape Fear 02 HUC 03030002 (subbasin 03-06-02). According to the Cape Fear River Basinwide Water Quality Plan (NCDWQ 2005), all land uses and discharges of wastewater and stormwater in subbasin 03-06-02 potentially contribute nutrients to B. Everett Jordan Lake. B. Everett Jordan Lake provides low -flow augmentation, flood control, recreation, fish and wildlife habitat, and water supply. The lake is impaired for aquatic life due to excessive levels of chlorophyll a in violation of current standards in all segments of the reservoir. In addition, the Site has a supplemental water quality classification of Nutrient Sensitive Waters, which include areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The proposed Mitigation Activities will reduce sediment and nutrient levels, and improve water quality within the Site and their downstream watersheds. Table 5 summarizes the water quality stressors usage ratings for the Site's receiving waters. Table 5. Watershed Stressors and Usage Ratings Bank Site Subbasin Index # Receiving Water NCDWR Rating 303(d) status* Benton Branch 03-06-02 16-14-3 Benton Br WSNSW W, NL *Final 2012 303(d) status; NL =Not Listed 4.0 SITE PROTECTION The Site is currently owned by Mr. Dennis Simmons of Caswell County. The Sponsor possesses an option agreement with Mr. Simmons to record conservation easements over portions of his property. Following approval of the Site by the USACE and the IRT, the Sponsor will record conservation easements over approximately 33 -acres of Mr. Simmons property substantially in the form and location provided in Appendix B, protecting the Site in perpetuity. The North Carolina Wildlife Habitat Foundation will hold the permanent conservation easements and requisite access easements. The conservation easements will contain a provision requiring a 60 -day advanced notification to the USACE before any action is taken to void or modify the conservation easements, including transfer of title or establishment of any other legal claims over the Site. 5.0 REFERENCE STUDIES Six reference reaches were identified for the Site: 1) Cedarock Park, 2) Causey Farm, 3) Lamm Property, 4) Cripple Creek, 5) Flint Rock Farm, and 6) Caswell Game Lands. Causey Farm and Cripple Creek reference sites were measured during detailed restoration planning for mitigation banks developed in 2004 and 2009, respectively. Both mitigation banks were successful projects through five years of monitoring with no issues. The Lamm Property Reference Site did not have detailed measurements taken for pattern variables; however, cross-sectional data for bankfull calculations were utilized to determine suitable design cross-section area. The streams were measured and classified by stream type (Rosgen 1996). The location of each reference site is depicted on Figure 1. 5.1 CHANNEL CLASSIFICATION Reference reach data is presented in Table C -Reference (Appendix C). The reference reaches are characterized as E- and C-type stream channels. Sinuosity ranges from 1.14 at the Caswell Game Land to 1.46 at the Causey Farm Site; Causey Farm had slightly higher sinuosity, due to a lower Benton Branch Bank Site Mitigation Plan page 9 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC valley slope, with a sand -dominated substrate. E- and C-type streams are characterized as slightly entrenched, riffle -pool channels exhibiting high sinuosity (1.3 to greater than 1.5); however, reference streams in the region typically are characterized by sinuosity values slightly lower than 1.3. These streams typically exhibit a sequence of riffles and pools associated with a sinuous flow pattern. In North Carolina, these streams often occur in narrow to wide valleys with well- developed alluvial floodplains (Valley Type VIII). These channels are typically considered stable; however, these streams are sensitive to upstream drainage basin changes and/or channel disturbance, and may rapidly convert to other stream types. Dimension: Bankfull cross-sectional data at each reference site has been determined using infield features of bankfull such as benches, lateral roots, and other morphological features. Once bankfull cross-sectional area was determined, the value was compared to cross-sectional areas predicted by Piedmont regional curves (Harman et al. 1999) to determine if the channel matches the curves for use in Site design. Bankfull cross-sectional area of each reference site as compared to regional curve predictions of bankfull cross-sectional area are detailed in Table 6. Table 6. Reference Bankfull Cross -Sectional Area Site Measured Area Predicted Area Percent of Regional Curves Cedarock Park 8.1 7.46 109% Causey Farm 14.7 15.7 94% Cripple Creek 5.9 6.47 91% Lamm Site 9.4 9.5 99% Flintrock Farm 6.1 12.0 50% Caswell Gameland 17.6 16.0 110% Data indicate that reference sites generally match regional curves. With the exception of Flintrock Farm, the sites appear to be within 10% of the bankfull cross-sectional area predicted by the curves. Flintrock Farm may not be a suitable reference site for determination of cross-sectional area; however, the channel is very stable and was useful in determination of pattern and slope ratios for design calculation. Of the six reference sites measured, four are smaller in cross-sectional area than the regional curves. Pattern and Profile: Profile measurements of reference reaches range in sinuosity from 1.14 to 1.46, with the majority of the reference sites exhibiting a sinuosity around 1.2 (thalweg distance/straight-line distance). Reference sinuosity values appear typical for the Piedmont of North Carolina and result in pool -to -pool spacing and meander lengths that are suitable for design of Site streams. Reference valley slopes range from 0.006 to 0.0310, providing a good range of slopes to compare existing and proposed Site conditions. Site valley slopes range from 0.0142 to 0.0476, which matches well with measured reference streams. Profile variables such as riffle slope, pool slope, run slope, and glide slope, which have been destroyed in Site streams due to land use activities, have been measured in the reference sites and will be used for design channel construction. Benton Branch Bank Site Mitigation Plan page 10 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Substrate: Reference channels are characterized by substrate dominated by cobble, gravel, and sand sized particles. 5.2 REFERENCE FOREST ECOSYSTEM A Reference Forest Ecosystem (RFE) is a forested area on which to model restoration efforts at the Site in relation to soils and vegetation. RFEs should be ecologically stable climax communities and should be a representative model of the Site forested ecosystem as it likely existed prior to human disturbances. Data describing plant community composition and structure were collected at the RFEs and subsequently applied as reference data in an attempt to emulate a natural climax community. Reference vegetative communities for the Site are located on an unnamed tributary to Boyds Creek in central Alamance County. Tree and shrub species identified in this area are listed in Table 7 and were utilized, in addition to other relevant species, to supplement community descriptions for Piedmont Low Mountain Alluvial Forest and Dry-Mesic Oak -Hickory Forest (Schafale & Weakley 1990). Table 7. Reference Forest Piedmont Alluvial Forest Dry-Mesic Oak -Hickory Forest (Floodplains and Slopes) (Upland Side Slopes) Canopy Species Understory Species Canopy Species Understory Species Acer rubrum Acer rubrum Acer rubrum Acer rubrum Liquidambar styracii lua Betula nigra Carya alba/tomentosa Carpinus caroliniana Liriodendrum tulipifera Carpinus caroliniana Liriodendron tulipifera Diospyros virginiana Pinus taeda Liriodendron tulipifera Pinus taeda Ilex opaca Platanus occidentalis Pinus virginiana Juniperus virginiana Quercus phellos Quercus alba Pinus taeda Quercus shumardii Quercus falcata Reference vegetation was dominated by red maple (Acer rubrum), tuliptree (Liriodendrum tulipifera), sycamore (Platanus occidentalis), and various oak species including willow oak (Quercus phellos), southern red oak (Quercus falcata), and white oak (Quercus alba). Other species identified were large loblolly pine (Pinus taeda) and Virginia pine (Pinus virginiana), as well as river birch (Betula nigra) and iron wood (Carpinus caroliniana). 6.0 BASELINE INFORMATION Baseline information for the Site presented here includes information on physiography, topography, and land use; water quality; vegetation; soils; jurisdictional streams and wetlands; stream characteristics; channel classification and morphology; and discharge. Valley Classification The Site is located within valleys characterized as Valley Type VIII. This type of valley is identified by the presence of multiple river terraces positioned laterally along broad valleys with gentle, down -valley elevation relief. Alluvial terraces and floodplains are the predominant Benton Branch Bank Site Mitigation Plan page 11 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC depositional landforms, which produce a high sediment supply. Typical streams include C- and E -types with slightly entrenched, meandering channels with a riffle -pool sequence. Channel Evolution Nearly all of the Sites' streams are characterized by G -type (gully) channels, F -type (widened gully), or incised E- or C-type (riffle pool) channels. In North Carolina a typical evolutionary trend in streams includes bed and bank erosion that leads to channel downcutting and morphology changing from a stable E- or C-type channel into a G -type (gully) channel. Continued erosion eventually results in lateral extension of the G -type channel into an F -type (widened gully) channel. The F -type channel will continue to widen laterally until the channel is wide enough to support a stable C-type or E -type channel at a lower elevation so that the original floodplain is no longer subject to regular flooding. Water Quality The Site is located within the Cape River Basin in 14 -digit United States Geological Service (USGS) Cataloging Unit 03030002030030 of the South Atlantic/Gulf Region in NCDWQ Subbasin Number 03-06-02. Site streams received a NCDWQ Best Usage Classification (NCDWQ 2005) and (NCDWR 2015) of WSII, HQW, NSW. NCDWR Rating WS -H streams are protected as water supplies for drinking, culinary, or food-processing purposes. These waters are also protected for Class C uses. All WS -II waters are HQW (High Quality Waters) by supplemental classification. C uses include aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation includes wading, boating, and other uses not involving human body contact with waters on an organized or frequent basis. The NSW designation denotes nutrient sensitive waters, which include areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The North Carolina Division of Water Resources (NCDWR), formerly known as the North Carolina Division of Water Quality (NCDWQ), has assembled a list of impaired waterbodies according to the Clean Water Act Section 303(d) and 40 CFR 130.7, which is a comprehensive public accounting of all impaired waterbodies. An impaired waterbody is one that does not meet water quality standards including designated uses, numeric and narrative criteria, and anti - degradation requirements defined in 40 CFR 131. Site receiving waters are listed on the final 2012 303(d) list (NCDWQ 2012). Site streams are not listed on the final 2014 303(d) lists (NCDWR 2014). 6.1 EXISTING CONDITIONS 6.1.1 Physiography, Topography, and Land Use The Site is located in the Southern Outer Piedmont portion of the Piedmont Ecoregion of North Carolina. Regional physiography is characterized by dissected irregular plains; low rounded hills Benton Branch Bank Site Mitigation Plan page 12 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC and ridges; and low to moderate gradient streams with mostly cobble, gravel, and sandy substrates. On-site elevations range from a high of 645 -feet NGVD at the upper reaches of UT 3 to a low of approximately 620 -feet NGVD at the Site outfall (USGS Cherry Grove, North Carolina 7.5 -minute topographic quadrangle) (Figure 4). The Site provides water quality functions to drainage areas ranging from 0.03 square mile to 1.24 square miles at tributary outfalls (Figure 4). The watershed is dominated by pasture, agricultural land, forest, and sparse residential property. Impervious surfaces account for less than 5 percent of the upstream watershed land surface. Surrounding area land use is primarily agricultural, with some low-density residential housing. Onsite land use is characterized by disturbed forest, hay fields, and livestock pasture. Riparian zones and wetland areas are primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular maintenance activities. 6.1.2 Vegetation The Site is characterized primarily by agricultural land utilized for beef cattle production and municipal effluent disposal, with scattered disturbed forest. Agricultural land is maintained for livestock grazing and has been planted with fescue (Festuca sp.). Natural recruits of dog fennel (Eupatorium capillifolium), clover (Trifolium sp.), nightshade (Solanum carolinense), as well as other opportunistic herbaceous species have recolonized the site. Several pockets of wetland occur in the Site, which are characterized by rushes (Juncus spp.) and sedges (Carex spp.). Disturbed forest is largely cleared of understory species due to livestock pruning and is composed of sweetgum (Liquidambar styraciflua), Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), Virginia pine (Pinus virginiana), persimmon (Diospyros virginiana), dog fennel, and broomsedge (Andropogon sp.). 6.1.3 Soils and Land Form NRCS has not completed detailed soil mapping for Caswell County. The most recent published soil survey for Caswell County is dated 1908, with general soil mapping conducted countywide. The NRCS depicts the Site as being underlain by Cecil sandy loam in floodplains and low-lying areas, with Cecil sandy clay and Iredell sandy loam in the adjacent uplands. (Remainder of page intentionally left blank) Benton Branch Bank Site Mitigation Plan page 13 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 8. Soils Soil Series Hydric Status Description The Cecil series consists of very deep, well -drained, Cecil sandy loam moderately permeable soils on ridges and side slopes of the and Nonhydric Piedmont uplands. They formed in residuum weathered from Cecil sandy clay felsic, igneous, and high-grade metamorphic rocks of the Piedmont uplands. Slopes range from 0 to 25 percent. This series is brownish -gray or very dark brown, moderately Iredell sandy loam Nonhydric well -drained, medium acid soils of the Piedmont Plateau. These soils occur wherever the geologic formation contains basic dikes. These soils are important to agriculture. A portion of the Site was identified as hydric soil by a North Carolina Licensed Soil Scientist. The only hydric soils listed as occurring in Caswell County are soils of the Codorus and/or Hatboro soil series. Onsite hydric soils are grey to gley in color and are compacted and pockmarked by livestock trampling and agricultural activities. Livestock grazing, annual mowing for harvest of hay, and clearing of timber have resulted in an herbaceous vegetative community. Groundwater springs and surface runoff contribute hydrology to these areas. 6.1.4 Jurisdictional Streams and Wetlands The main hydrologic features of the Site include Benton Branch, unnamed tributaries to Benton Branch, and associated riparian wetlands and floodplains. Benton Branch drains an approximately 9.1 -square mile watershed at the outfall with smaller, onsite drainage areas encompassing 0.03 to 1.24 square miles (Figure 4). Perennial streams within the Site may be generally characterized as riverine, upper perennial with unconsolidated bottoms consisting of sand (R3UB2). Intermittent streams may generally be characterized as riverine, intermittent with streambeds consisting of sand and mud (R4SB4). Perennial vs intermittent stream calls have not been verified by NCDWR and all stream calls are for descriptive purposes only. Streams located at the Site are fully exposed to partially shaded by a mixture of mature riparian vegetation, and exhibit entrenchment, bank failure, or channel erosion from livestock and agriculture practices located within the watershed. The Site encompasses approximately 9,217 linear feet of existing stream channel proposed for mitigation (Table 9 and Figure 5). (Remainder of'page intentionally left blank) Benton Branch Bank Site Mitigation Plan page 14 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 9. Existing Stream Characteristics Stream Reach Approx. Length USGS USGS Stream In -Field Stream (linear feet) Stream Order Classification Classification Benton Branch 2,045 Ott Perennial Perennial UTI 613 1St Intermittent Intennittent/Perennial UT2 203 NA NA Intermittent/Perennial UT 1 and 2 below 845 1 s` Intermittent Intermittent/Perennial confluence UT2b 184 NA NA Intermittent/Perennial UT3 1,217 NA NA Perennial UT4a 338 1st Intermittent Perennial UT4b 297 NA NA Intermittent/Perennial UT4 818 Vt Intermittent Perennial UT5 1,532 2nd Intermittent Perennial UTSa 64 NA NA Intermittent/Perennial UT6 1,061 3 I Intermittent Perennial Total 9,217 Note: Perennial vs intermittent stream calls have not been verified by NCDWR and all stream calls are for descriptive purposes only. With the exception of Benton Branch, Site tributaries are depicted as intermittent on the USGS 7.5 -minute topographic quadrangle. However, UT 4, 5, and 6 exhibit field characteristics of perennial streams. These tributaries have drainage areas encompassing 0. 13, 0.68, and 1.24 square miles, respectively, and the channels are well-defined with cobble substrate. In addition, benthic macroinvertebrate samples were collected in the upper reaches of UT 4 using the Qual-4 technique which support a designation of a perennial flow regime (stonefly [Plecoptera sp.]). Tributaries 2 and 3 are not depicted on the USGS 7.5 -minute topographic quadrangle; however, field evidence including benthic macroinvertebrate samples, NCDWQ Stream Identification Form (v4.11) scores, and evidence of stream flow during field visits indicate the channels are intermittent to perennial. UT 1, 2, and 3 all exhibit characteristics of perennial stream channels in the upper reaches. However, ponds upstream from the stream origin point, low floodplain slope, livestock impacts to channels, and man -induced alterations to the floodplain and channels have resulted in loss of stream channel morphology in the downstream reaches. Jurisdictional wetlands are defined by the presence of three criteria: hydrophytic vegetation, hydric soils, and evidence of wetland hydrology during the growing season (Environmental Benton Branch Bank Site Mitigation Plan page 15 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Laboratory 1987). Portions of the Site supporting jurisdictional wetlands may originally have been characterized by palustrine, forested wetlands which were seasonally flooded. However, livestock trampling, deforestation, groundwater drawdown from stream channel incision, floodplain ditching, and excavation of the floodplain have impacted on-site wetlands. Approximately 3.3 acres of Site land area is currently underlain by hydric soils, which have been impacted by: stream channel entrenchment, ditching, casting of spoil, compaction due to hoof shear and agricultural equipment, and removal of native, woody vegetation (Figure 5). Extensive floodplain manipulations associated with stream ditching and straightening, deforestation, and floodplain ditching, have effectively removed groundwater hydrology and/or riparian vegetation from these areas. In order to accurately calculate baseline wetland areas, a jurisdictional wetland delineation was completed in April 2015 and verbally approved by USACE representative Dave Bailey during a field meeting on August 27, 2015. Portions of the Site supporting jurisdictional wetlands are characterized by semi -permanently flooded, palustrine wetlands underlain by hydric soils that are dark (low chroma) in color and are striated with lenses of coarse materials deposited in a fluvial environment. Vegetative communities within wetlands proposed for enhancement are composed of a single stratum of herbaceous vegetation due to livestock grazing and routine maintenance. Groundwater springs and surface runoff contribute hydrology to these areas, although historically the wetlands may have additionally had a hydrological influence of overbank flooding. According to the Cowardin classification (Cowardin et al. 1979), jurisdictional wetlands located within the Site may be generally classified as palustrine, persistent emergent, wetlands that are saturated, semipermanent, or seasonally flooded (PEM1Y). 6.1.5 Stream Characteristics Site stream dimension, pattern, and profile were measured to characterize existing channel conditions. Locations of existing stream reaches are depicted in Figure 5 and cross-section locations are depicted in Figure C1 (Appendix Q. Stream geometry measurements under existing conditions are summarized in Table C1 Morphological Stream Characteristics (Appendix Q. Preliminary estimates of stable stream attributes are based primarily upon measurements of two reference reaches and regional curves discussed further in Section 5.0. 6.1.6 Channel Classification and Morphology Stream geometry and substrate data have been evaluated to classify existing stream conditions based on a classification utilizing fluvial geomorphic principles (Rosgen 1996). This classification stratifies streams into comparable groups based on pattern, dimension, profile, and substrate characteristics. Primary components of the classification include degree of entrenchment, width - depth ratio, sinuosity, channel slope, and stream substrate composition. Existing Site reaches are classified as unstable Cg -type, Eg-type, Cf -type, and F -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal, in addition to manual removal of substrate by the landowner. Benton Branch Bank Site Mitigation Plan page 16 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 6.1.7 Discharge This hydrophysiographic region is characterized by moderate rainfall with precipitation averaging approximately 40 to 60 inches per year (USDA 1908). The Site drainage basin area encompasses approximately 9.1 -square miles at the outfall with smaller, onsite drainage areas consisting of 0.03 to 1.24 square miles. Site discharge is dominated by a combination of upstream basin catchment, groundwater flow, and precipitation. Based on regional curves (Harman et al. 1999), the bankfull discharge for a 0.03 - square mile watershed and a 1.24 -square mile watershed is expected to average 7.8-cfs and 104- cfs, respectively. Bankfull discharge is expected to occur on average every 1.3 to 1.5 -years. 7.0 CHANNEL STABILITY ASSESSMENT 7.1 STREAM POWER Stability of a stream refers to its ability to adjust itself to inflowing water and sediment load. One form of instability occurs when a stream is unable to transport its sediment load, leading to aggradation, or deposition of sediment onto the streambed. Conversely, when the ability of the stream to transport sediment exceeds the availability of sediments entering a reach, and/or stability thresholds for materials forming the channel boundary are exceeded, erosion or degradation occurs. Stream power is the measure of a stream's capacity to move sediment over time. Stream power can be used to evaluate the longitudinal profile, channel pattern, bed form, and sediment transport of streams. Stream power may be measured over a stream reach (total stream power) or per unit of channel bed area. The total stream power equation is defined as: 52 = PgQs where D = total stream power (ft-lb/s-ft), p = density of water (lb/ft3), g = gravitational acceleration (ft/s2), Q = discharge (ft3/sec), and s = energy slope (ft/ft). The specific weight of water (y = 62.4 lb/ft3) is equal to the product of water density and gravitational acceleration, pg. A general evaluation of power for a particular reach can be calculated using bankfull discharge and water surface slope for the reach. As slopes become steeper and/or velocities increase, stream power increases and more energy is available for reworking channel materials. Straightening and clearing channels increases slope and velocity and thus stream power. Alterations to the stream channel may conversely decrease stream power. In particular, over -widening of a channel will dissipate energy of flow over a larger area. This process will decrease stream power, allowing sediment to fall out of the water column, possibly leading to aggradation of the streambed. The relationship between a channel and its floodplain is also important in determining stream power. Streams that remain within their banks at high flows tend to have higher stream power and relatively coarser bed materials. In comparison, streams that flood over their banks onto adjacent floodplains have lower stream power, transport finer sediments, and are more stable. Stream Benton Branch Bank Site Mitigation Plan page 17 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC power assessments can be useful in evaluating sediment discharge within a stream and the deposition or erosion of sediments from the streambed. 7.2 SHEAR STRESS Shear stress, expressed as force per unit area, is a measure of the frictional force that flowing water exerts on a streambed. Shear stress and sediment entrainment are affected by sediment supply (size and amount), energy distribution within the channel, and frictional resistance of the streambed and bank on water within the channel. These variables ultimately determine the ability of a stream to efficiently transport bedload and suspended sediment. For flow that is steady and uniform, the average boundary shear stress exerted by water on the bed is defined as follows: i=yRs where i = shear stress (lb/ft2), y = specific weight of water, R = hydraulic radius (ft), and s = the energy slope (ft/ft). Shear stress calculated in this way is a spatial average and does not necessarily provide a good estimate of bed shear at any particular point. Adjustments to account for local variability and instantaneous values higher than the mean value can be applied based on channel form and irregularity. For a straight channel, the maximum shear stress can be assumed from the following equation: timax = 1.Si for sinuous channels, the maximum shear stress can be determined as a function of plan form characteristics: imax = 2.65ti(Rc /Wbkf)-0.5 where Re = radius of curvature (ft) and Wbkf = bankfull width (ft). Shear stress represents a difficult variable to predict due to variability of channel slope, dimension, and pattern. Typically, as valley slope decreases channel depth and sinuosity increase to maintain adequate shear stress values for bedload transport. Channels that have higher shear stress values than required for bedload transport will scour bed and bank materials, resulting in channel degradation. Channels with lower shear stress values than needed for bedload transport will deposit sediment, resulting in channel aggradation. The actual amount of work accomplished by a stream per unit of bed area depends on the available power divided by the resistance offered by the channel sediments, planform, and vegetation. The stream power equation can thus be written as follows: w = pgQs = tiv where ca = stream power per unit of bed area (N/ft-sec, Joules/sec/ft2), ti = shear stress, and v = average velocity (ft/sec). Similarly, Benton Branch Bank Site Mitigation Plan page 18 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC (o = Q/Wbkf where Wbkf = width of stream at bankfull (ft). 7.3 STREAM POWER AND SHEAR STRESS METHODS AND RESULTS Channel degradation or aggradation occurs when hydraulic forces exceed or do not approach the resisting forces in the channel. The amount of degradation or aggradation is a function of relative magnitude of these forces over time. The interaction of flow within the boundary of open channels is only imperfectly understood. Adequate analytical expressions describing this interaction have yet to be developed for conditions in natural channels. Thus, means of characterizing these processes rely heavily upon empirical formulas. Traditional approaches for characterizing stability can be placed in one of two categories: 1) maximum permissible velocity and 2) tractive force, or stream power and shear stress. The former is advantageous in that velocity can be measured directly. Shear stress and stream power cannot be measured directly and must be computed from various flow parameters. However, stream power and shear stress are generally better measures of fluid force on the channel boundary than velocity. Using these equations, stream power and shear stress were estimated for 1) existing dredged and straightened reaches, 2) the reference reaches, and 3) proposed Site conditions. Important input values and output results (including stream power, shear stress, and per unit shear power and shear stress) are presented in Table 10. Average stream velocity and discharge values were calculated for the existing stream reaches, reference reaches, and proposed conditions. In order to maintain sediment transport functions of a stable stream system, the proposed channel should exhibit stream power and shear stress values so the channel is neither aggrading nor degrading. (Remainder oj'page intentionally left blank) Benton Branch Bank Site Mitigation Plan page 19 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 10. Stream Power (S2) and Shear Stress (t) Values Proposed Conditions Water Total 0.0211 6.58 1.5 0.28 0.37 3.57 1.32 2.45 UT 2 upstream 4.4 0.0414 11.37 2.58 0.28 Shear 3.14 2.27 5.29 UT 2 downstream Discharge surface Stream Hydraulic 0.31 Velocity 1.11 1.93 Site/Reference s /s) Slope Power SZ/W Radius Stress 2.50 T v timax 18.9 (ft 13.92 1.66 0.52 0.38 3.78 (�) (v) UT 6 92 0.017 97.59 5.58 (ft/ft) (d2) 4.18 4.86 8.75 Existing Conditions UT 1 5 0.0231 7.21 1.02 2.13 3.08 0.31 0.96 4.61 UT 2 upstream 4.4 0.0453 12.44 1.75 2.13 6.03 0.28 1.66 9.05 UT 2 downstream 10.8 0.0139 9.37 0.71 0.72 0.62 1.09 0.68 0.93 UT 3 6.5 0.0391 15.86 3.05 10.5 25.62 0.10 2.64 38.43 UT 4 18.9 0.0101 11.91 1.53 1.57 0.99 1.31 1.29 1.48 UT 6 92 0.017 97.59 4.67 3.25 3.45 1.23 4.22 5.17 Reference Conditions Flintrock Farm 24.4 0.0049 7.46 0.99 0.67 0.20 4.00 0.82 0.31 Caswell Game 71.7 0.0100 44.74 2.43 0.86 0.54 4.07 2.19 1.91 Results of the analysis indicate the proposed channel reaches are expected to maintain stream power as a function of width (L2/W) values of approximately 1.28 to 5.58 and shear stress (i) values of approximately 0.31 to 1. 16. The upper limit of these values are derived in UT 6, which has a significantly larger watershed and therefore larger discharge. Stream power results from a function of slope and discharge, which will not be significantly altered by Enhancement (Level I) activities proposed in UT 6. However, shear stress, a slope and depth relationship, will be altered from the existing condition value of 3.45 (lb/ft2) to a proposed condition value of 1.16 (lb/ft2), which is considered suitable for the reach. The lower limit of stream power and shear stress values are derived in the lower reaches of UT 2. Under existing conditions UT 2 acts like a braided channel since stream flow is conveyed within an over -widened and low slope depression. Within this reach stream power to width values for the proposed conditions should be expected to be higher than existing conditions in order to ensure proper sediment transport through the reach. Existing stream power values are 0.71 and proposed values are elevated to 1.28. Other values of stream power and shear stress are comparable to reference reaches and are expected to be stable under proposed conditions. Benton Branch Bank Site Mitigation Plan page 20 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Proposed Conditions UT 1 5 0.0211 6.58 1.5 0.28 0.37 3.57 1.32 2.45 UT 2 upstream 4.4 0.0414 11.37 2.58 0.28 0.72 3.14 2.27 5.29 UT 2 downstream 10.8 0.0123 8.29 1.28 0.4 0.31 3.6 1.11 1.93 UT 3 6.5 0.0357 14.48 2.9 0.31 0.69 3.61 2.50 5.03 UT 4 18.9 0.0118 13.92 1.66 0.52 0.38 3.78 1.45 2.54 UT 6 92 0.017 97.59 5.58 1.09 1.16 4.18 4.86 8.75 Results of the analysis indicate the proposed channel reaches are expected to maintain stream power as a function of width (L2/W) values of approximately 1.28 to 5.58 and shear stress (i) values of approximately 0.31 to 1. 16. The upper limit of these values are derived in UT 6, which has a significantly larger watershed and therefore larger discharge. Stream power results from a function of slope and discharge, which will not be significantly altered by Enhancement (Level I) activities proposed in UT 6. However, shear stress, a slope and depth relationship, will be altered from the existing condition value of 3.45 (lb/ft2) to a proposed condition value of 1.16 (lb/ft2), which is considered suitable for the reach. The lower limit of stream power and shear stress values are derived in the lower reaches of UT 2. Under existing conditions UT 2 acts like a braided channel since stream flow is conveyed within an over -widened and low slope depression. Within this reach stream power to width values for the proposed conditions should be expected to be higher than existing conditions in order to ensure proper sediment transport through the reach. Existing stream power values are 0.71 and proposed values are elevated to 1.28. Other values of stream power and shear stress are comparable to reference reaches and are expected to be stable under proposed conditions. Benton Branch Bank Site Mitigation Plan page 20 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 7.4 BANKFULL VERIFICATION Discharge estimates for the Site utilized an assumed definition of "bankfull" and return intervals associated with those bankfull discharges. For this design, the bankfull channel is defined as the channel dimensions conveying "channel forming" or "dominant' discharge (Gordon et al. 1992). Discharge estimates were calculated using three methods for comparison: Piedmont regional curves (Harman et al. 1999), the USGS regional regression equation for the Piedmont region (USGS 2006; see analysis in Appendix D), and field indicators of bankfull. Based on the analysis of methods to determine bankfull discharge, proposed conditions at the Site are based on bankfull indicators found on the reference reaches and most importantly on-site indicators of bankfull. Using this methodology, the designed channels will equal approximately 93 percent of the channel size indicated by Piedmont regional curves. Table 11 summarizes all methods analyzed for estimating bankfull discharge. (Remainder ofpage intentionally left blank) Benton Branch Bank Site Mitigation Plan page 21 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 11. Reference Reach Bankfull Discharge Analysis Watershed Area Return Interval Discharge Method (square miles) (years) (cfs) Cedarock Reference Reach Piedmont Regional Curves 0.2 (Harman et al. 1999) 1.3-1.5 28.8 Peidmont Regional Regression Model 0.2 (USGS 2006) 1.3-1.5 27-36 Field Indicators of Bankfull 0.2 1.3-1.5 31.3 Causey Farm Reference Reach Piedmont Regional Curves 0.6 1.3-1.5 63.8 (Harman et al. 1999) Peidmont Regional Regression Model 0.6 1.3-1.5 63-85 (USES 2006) Field Indicators of Bankfull 0.6 1.3-1.5 59.8 Cripple Creek Reference Reach Piedmont Regional Curves 0.17 (Harman et al. 1999) 1.3-1.5 24.8 Peidmont Regional Regression Model 0.17 1.3-1.5 24-34 (USES 2006) Field Indicators of Bankfull 0.17 1.3-1.5 22.6 Flint Rock Farm Reference Reach Piedmont Regional Curves 0.43 1.3-1.5 48.0 (Harman et al. 1999) Peidmont Regional Regression Model 0.43 (USGS 2006) 1.3-1.5 38-68 Field Indicators of Bankfull 0.43 1.3-1.5 24.4 Caswell Game Land Reference Reach Piedmont Regional Curves 0.65 1.3-1.5 65.0 (Harman et al. 1999) Peidmont Regional Regression Model 0.65 1.3-1.5 66-89 (USGS 2006) Field Indicators of Bankfull 0.65 1.3-1.5 71.7 8.0 POTENTIAL CONSTRAINTS The presence of conditions or characteristics that have the potential to hinder restoration activities within the Site was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, and the potential for hydrologic trespass. Existing information regarding constraints was acquired and reviewed. In addition, any Site condition with the potential to restrict the proposed restoration design and implementation was documented during field investigations. No constraints that may hinder restoration activities were identified at the Site Benton Branch Bank Site Mitigation Plan page 22 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 8.1 SITE ACCESS The Site is to be accessed from Milesville Road (SR 1106). Project access is to be obtained by a 30 foot permanent access easement obtained and recorded along with the CE in Caswell County. 8.2 UTILITIES Utility crossings at the Site are limited in nature. Areas beneath utility crossings will not generate credit; however, work will be performed to extend the restoration activity across the utility easement. The Site crossing is perpendicular to the design channel and does not pose a hindrance to the project; therefore, it is not considered a constraint. 8.3 FEMA/HYDROLOGIC TRESPASS Inspection of the FEMA Flood Insurance Rate Map 371089600K, Panel 8960, effective September 28, 2007, indicates that Benton Branch, UT 3, and associated floodplains are located within a Zone AE flood area. Therefore, a HEC -RAS analysis will be completed on the existing and proposed conditions of Benton Branch and its tributaries that enter the Benton Branch floodplain to assess hydraulic performance. In accordance with N.C. Floodplain Mapping requirements, a Conditional Letter of Map Revision (CLOMR) will need to be prepared for the Site. The CLOMR will include written documentation of modeling, preparation of topographic work maps, annotated FIRM or Floodway Maps, FIRM Flood Profiles and Data Tables. The CLOMR will be sent to Caswell County for approval and signature, and then the CLOMR will be sent to FEMA for review and approval. The CLOMR approval process is expected to require 3 to 6 - months. The CLOMR will be prepared, submitted and approved prior to construction. A requirement of the CLOMR is to prepare and submit a Letter of Map Revision (LOMR) once construction is complete. 8.4 FEDERALLY PROTECTED SPECIES Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531 et seq.). 8.4.1 Caswell County Two federally protected species are listed as occurring in Caswell County (USFWS 2015): the James spinymussel (Pleurobema collina) and the Roanoke logperch (Percina rex). Both species are listed as Endangered. James Spinymussel This freshwater mussel is limited to the James River drainage and the Dan/Mayo River drainage within the Roanoke River basin in Virginia, North Carolina, and West Virginia. This species' range does not include the Site, which is located in the Upper Cape Fear River drainage. (Remainder ofpage intentionally left blank) Benton Branch Bank Site Mitigation Plan page 23 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Roanoke Logperch In North Carolina, this species is found in the Dan and Mayo rivers, as well as Big Beaver Island Creek. This species' range does not include the Site, which is located in the Upper Cape Fear River drainage. Preliminary Biological Conclusions Neither of these species' ranges extend into areas adjacent to, or within the Site. Therefore, this project will have no effect on these federally protected species. 8.5 STATE LISTED SPECIES In addition to E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may, or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no federal protection under the ESA for the species listed. The FSC species listed on the current USFWS list are presented in Table 12. Table 12. Federal Species of Concern Common Name Scientific Name County Potential Habitat* Atlantic pigtoe Fusconaia masoni Caswell Yes Prairie birdsfoot-trefoil Lotus unifoliolatus var. helleri Caswell Yes Virginia quillwort Isoetes virginica Caswell Yes Potential Habitat: Portions of Bank Sites under review for potential habitat are limited to areas which are proposed for earth -moving activities including restoration reaches/areas. Habitat for these species is expected to be significantly improved by proposed mitigation activities. NC Wildlife Resource Commission (NCWRC) notes records for the state special concern notched rainbow (Villosa constricta) and the state significantly rare Carolina ladle crayfish (Cambarus davidi) in Benton Branch. Therefore, stringent sediment and erosion control measures will be implemented throughout restoration/construction activities. 9.0 CREDIT DETERMINATION AND RELEASE 9.1 CREDIT DETERMINATION Mitigation activities outlined in this report result in stream and wetland mitigation units as presented in Tables 13 and 14. (Remainder of'page intentionally left blank)- - - - - - ------------------------------------- -- Deleted: _ Deleted: Benton Branch Bank Site Mitigation Plan page 24 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 13. Mitigation Reach -by -Reach Credit Determination Summary Stream Mitigation Final Mitigation Mitigation Comment Reach Activity Length/Area Ratio Credits UT 1 Station 00+00 to Restoration 695 1:1 695 06+95 UT 2 Station 00+00 to EI 130 1.5:1 87 01+30 Easement Break 20 ft in UT 2 Station 01+30 to 1537-20 = Restoration 1:1 1517 width is removed from 16+67 1517 credit UT 2b Station 00+00 to Restoration 258 1:1 258 02+58 UT 3 Station 00+00 to EII 312 2.5:1 125 03+12 UT 3 Station 03+12 to Restoration 949 1:1 949 12+61 UT 4a Station 00+00 to EII 76 2.5:1 30 00+76 UT 4a Station 00+76 to Restoration 265 1:1 265 03+41 UT 4b Station 00+00 to EII 69 2.5:1 28 00+69 UT 4b Station 00+69 to Restoration 220 1:1 220 02+89 Easement Break 64 ft in UT 4 Station 02+89 to Restoration 695-64 = 631 1:1 631 width is removed from 09+84 credit Easement Break 60 ft in UT 5 Station 00+00 to 1532-60 = Ell 5:1 294 width is removed from 15+32 1472 credit Easement Break 22 ft in UT 6 Station 00+00 to EII 270-22 = 248 2.5:1 99 width is removed from 02+70 credit UT 6 Station 02+70 to EI 350 1.5:1 233 06+20 UT 6 Station 06+20 to EII 379 2.5:1 152 09+99 Easement Break 20 ft in Benton Br Station 00+00 2098-21-32 = width and a power line Ell 5:1 409 to 20+98 2045 easement 30 ft in width is removed from credit Benton Branch Bank Site Mitigation Plan page 25 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 14. Mitigation Activity and Credit Determination Summary Proposed Mitigation Proposed Credits Streams Proposed Mitigation (linear Non-credit Wetlands Mitigation F ------ Formatted Table Stream Enhancement I 480 1.5:1 320 Stream Enhancement II 1,106 22 2.5:1 434 Stream Enhancement II 3630 113 5:1 704 Wetland Restoration 1.0 1:1 1.0 Wetland Enhancement 2.3 2:1 1.2 Potential Wetland Restoration 1.7 1:1 1.7 Totals 9,835 219 5.0 5,992 3.9 After completion, the Site will offer 5,992 SMUs and 3.9 WMUs as determined using the Bank's UMBI and the Stream Mitigation Guidelines (USACE et al 2003). 9.2 STREAM CREDIT RELEASE SCHEDULE The Site's stream credit release schedule is presented below in Table 15. The credit release schedule is based upon satisfactory completion of Site milestones. (Remainder of page intentionally left blank) Benton Branch Bank Site Mitigation Plan page 26 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 15. Stream Credit Release Schedule Milestones Tasks Release (%) Credits 1) Approval of this Bank Site Mitigation Plan; 2) Delivery of financial assurances; Benton Branch 3) Issuance of §404 permit for Bank Site work plan; 4) Recordation of conservation easements protecting 15 899 Establishment Bank Site, including $'25,000 payment to NCWHF as easement holder and long -tern manager; 5) Title opinion approved by the Corps. 1) Completion of earthwork, if required; Mitigation Plan 2) Completion of riparian plantings; 3) Construction of easement fencing suitable for 15 899 Implementation livestock exclusion, if required; 4) Approval of As -Built Survey by the Corps. 1) Channels are stable; Year I Monitoring 2) Interim Performance Standards met; 10 600 3) Approval of Monitoring Report by the Corps. 1) Channels are stable; Year 2 Monitoring 2) Interim Performance Standards met; 10 600 3) Approval of Monitoring Report by the Corps. 1) Two bankfull events occurring in separate years; Bankfull Events 2) Channels are stable; 5 300 3) Interim Performance Standards met. 1) Channels are stable; Year 3 Monitoring 2) Interim Performance Standards met; 10 600 3) Approval of Monitoring Report by the Corps. I) Visual Assessment; Year 4 Monitoring 2) Interim Performance Standards met; 5 297 3) Approval of Monitoring Report by the Corps. 1) Four bankfull events occurring in separate years; Bankfull Events 2) Channels are stable; 5 300 3) Interim Performance Standards met. 1) Channels are stable; Year 5 Monitoring* 2) Interim Performance Standards met; 10 600 3) Approval of Monitoring Report by the Corps. 1) Visual Assessment; Year 6 Monitoring 2) Interim Performance Standards met; 5 297 3) Approval of Monitoring Report by the Corps. 1) Stream Performance Standards met; Year 7 Monitoring 2) Vegetation Performance Standards met; 10 600 3) Approval of Final Monitoring Report by the Corps.-. { Deleted: Totals 100 5,992 *If, following the conclusion of Year 5 of the monitoring period, the Site's performance standards have been met and there are no concerns regarding channel stability, or vegetation survivability and vigor, the Sponsor may propose the early termination of the monitoring period. Benton Branch Bank Site Mitigation Plan page 27 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 9.3 WETLAND CREDIT RELEASE SCHEDULE Given the low wetland credit potential of the Site, the Sponsor intends to withhold credit release requests until the end of the Wetland Monitoring Period, which is expected to be seven (7) years following the completion of Site construction. If the Sponsor at some point decides to request credit releases during the Site Wetland Monitoring Period, such credit release requests will be in accordance with the wetland credit release schedule presented below (Table 16). Table 16. Wetland Credit Release Schedule Milestones Tasks Release (%) 1) Approval of this Bank Site Mitigation Plan; 2) Delivery of financial assurances; 3) Issuance of §404 permit for Bank Site work plan; Site Establishment 4) Recordation of conservation easements protecting Bank Site, 15 inc ludine 525.000 payment to NCWHF as easement holder and ager; 5) Title opinion approved by the Corps. 1) Completion of earthwork, if required; Mitigation Plan 2) Completion of riparian plantings; 3) Construction of easement fencing suitable for livestock 15 Implementation exclusion, ifrequired; 4) Approval of As -Built Survey by the Corps. 1) Interim Performance Standards met; Year I Monitoring 2) Approval of Monitoring Report by the Corps. 10 1) Interim Performance Standards met; Year 2 Monitoring 2) Approval of Monitoring Report by the Corps. 10 1) Interim Performance Standards met; Year 3 Monitoring 2) Approval of Monitoring Report by the Corps. 10 1) Visual Assessment Year 4 Monitoring 2) Interim Performance Standards met; 10 3) Approval of Monitoring Report by the Corps. Year 5 Monitoring* 1) Interim Performance Standards met; lb 2) Approval of Monitoring Report by the Corps. I) Visual Assessment; Year 6 Monitoring 2) Interim Performance Standards met; 10 3) Approval of Monitoring Report by the Corps. 1) Final Performance Standards met; Year 7 Monitoring** 2) Approval of Monitoring Report by the Corps 10 Totals 100 *Hydrologic monitoring may be discontinued after Year 5 if Hydrologic Performance Standards for years 1 — 5 have been met (Section 11.0). **Vegetation monitoring not required in Years 4 and 6. Benton Branch Bank Site Mitigation Plan page 28 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.0 MITIGATION WORK PLAN 10.1 RESTORATION PROJECT GOALS AND OBJECTIVES Based on the Cape Fear River Basin Restoration Priorities Report 2009 (NCEEP 2009), Watershed 03030002030030 is characterized by Nutrient Sensitive Waters. Although the Site is not located in a Targeted Local Watershed (TLW) or Local Watershed Planning (LWT) the project is expected to meet overall goals of TLW's and LWP's including: 1) reduce sediment loading, 2) reduce nutrient loading, 3) manage stormwater runoff, 4) reduce toxic inputs, 5) provide and improve in -stream habitat, 6) provide and improve terrestrial habitat, 7) improve stream stability, and 8) improve hydrologic function. Stream mitigation activities include: Restoration, Enhancement (Level I), and Enhancement (Level II). Wetland mitigation activities include Restoration and Enhancement of riparian wetlands. Tables 2A -2C summarize the functional objectives and proposed actions. Collectively, Mitigation Activities and the protection of the Site's streams and wetlands with conservation easements will result in net gains in hydrology, water quality, and habitat functions in the Cape Fear 02 watershed. A summary of the mitigation activities and credit potential of those actions for the Site is provided below. Providing 5,992 SMUs by the following: o Restoring approximately 4,619 linear feet of stream channel through construction of stable stream channels in the historic floodplain location and elevation; o Enhancing (level I) approximately 480 linear feet of stream channel by installing grade control structures, adjusting channel dimension, and planting of riparian buffers with native woody vegetation; and o Enhancing (level II) approximately 4,736 linear feet of stream channel by fencing livestock from the 50 -foot vegetated buffer, supplemental planting of riparian buffers with native woody vegetation, and controlling invasive species. Providing 3.9 WMUs by the following: o Restoring approximately 1.0 acres of riparian wetlands by reconstructing stream channels within the historic floodplain, removing livestock and row crop production, rehydrating floodplain soils, and planting with native woody vegetation; o Potentially restoring 1.7 acres of riparian wetlands in ponds to be removed during the project, and o Enhancing approximately 2.3 acres of riparian wetlands by supplemental planting areas of disturbed forest, or removing livestock and planting with native forest vegetation. Planting a native woody riparian buffer adjacent to all streams within the Site. Protecting the Site in perpetuity with conservation easements. The proposed schedule for the implementation of the Site is provided below (Table 17). (Remainder of'page intentionally left blank) Benton Branch Bank Site Mitigation Plan page 29 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 17. Anticipated Construction Timing and Sequencing Task Days Required Start Date Permitting 45-60 11/1/2016 Mobilization 10 8/1/2017 Earthwork 120 9/10/2017 Planting 10 2/1/2018 As -built 15 3/1/2018 10.2 STREAM AND WETLAND DESIGN Site streams and wetlands targeted for restoration have endured significant disturbance from land use activities such as land clearing, livestock grazing, straightening and rerouting of channels, and other anthropogenic maintenance. Site streams will be restored to emulate historic conditions utilizing parameters from nearby, relatively undisturbed reference streams. Stream and wetland designs for the Site are presented in the attached Figures 6A through 6D and Morphology Tables are presented in Appendix C. Table 18 depicts the linear feet of proposed Stream Restoration and Enhancement, as well as, acreage of Wetland Restoration and Enhancement. Table 18. Mitigation Activity Totals Streams I Wetlands Potential Restoration Enhance (I) Enhance (II) Total Restoration Enhance Restoration Tota l ftO Oft Oft (ac) (ac) (ac) (ac) 4,619 480 4,736 9,835 I 1.0 1.7 2.3 5.0 10.3 STREAM RESTORATION Stream Restoration efforts are designed to restore stable, meandering streams at the Site that approximate hydrodynamics, stream geometry, and local microtopography relative to reference and onsite conditions. Geometric attributes for the existing, degraded channels and the proposed, stable channels are listed in Table of Morphological Stream Characteristics (Table Cl, Appendix Q. Generalized grading plans, including elevations, are provided in Figures 6A-61). Typical proposed geometries for Site dimension, pattern, and profile are shown in Figure 7. Primary activities designed to restore Site channels include: 1) belt -width preparation and grading, 2) channel excavation, 3) installation of channel plugs, 4) backfilling of the abandoned channel, and 5) vegetative planting. Pelt -width Preparation and Grading -- Formatted: Font:ll pt Belt -width corridor preparation will entail channel staking, floodplain clearing and grubbing, and any necessary grading prior to channel excavation. After the floodplain has been prepped, the proposed design channels will be staked and/or clearly marked to the design parameters. Spoil material excavated during floodplain grading will be stockpiled adjacent to the existing channels. After construction of the new channels is complete, existing channels will be abandoned and backfilled with stockpiled soils. Benton Branch Bank Site Mitigation Plan page 30 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Grading of topsoil at the Site is expected to be minimal; however, where grading is necessary, topsoils will be stockpiled, managed, and reapplied after grading is complete. In the event that stockpiled topsoil is not of sufficient quantity to provide a suitable planting environment for graded areas, soil amendments will be added including, but not limited to, organic matter (mulch), lime, Nitrogen, Phosphorus, and/or Potassium. Soil amendments will be added and mixed into topsoils to improve bulk density, water retention, and management of soil nutrients. Once belt -width corridor preparation is complete, the proposed channels will be excavated to the average width, depth, and cross-sectional area derived from reference reach studies and detailed measurements of the onsite reach. Stream banks and the belt -width area of constructed channels will be immediately planted with shrub and herbaceous vegetation. Root mats may also be selectively removed from adjacent areas and placed as erosion control features on channel banks. Once the proposed design channels have been excavated and stabilized, abandoned channels will be backfilled utilizing spoil material stockpiled from channel excavation and/or from suitable material excavated from the Site, or adjacent to the Site. Abandoned channels will be backfilled to the maximum extent feasible. Pond Removal Four ponds are proposed to be removed in support of stream and/or wetland restoration. Pond dams are expected to be graded to the historic floodplain elevation. Accumulated sediment will be removed, if necessary, and stockpiled in adjacent upland areas or placed in abandoned stream channels. Pond dams constructed by excavating the pond bottom creating a depression in the floodplain may require pushing pond dam material into the depression, therebyrg ading the floodplain to historic elevations. Potential wetland restoration under the pond bed and dams are proposed. Groundwater gauges ill be nested within the drained ponds to measure groundwater tables upon removal of the dams. 1 e final acreage of wetland restoration is expected to be determined through a delineation of jurisdictional margins. The delineation will be confirmed by IRT members during post mitigation meetings. preferably a vear or two after construction to allow for eroundwater tables to eauilibrate. One pond, located upstream of the jurisdictional extent of UT 2, provides hydrology to UT 2 via overland flow through non -jurisdictional, ephemeral drainage features. Once the pond dam is removed, it is expected that stormwater will flow through the natural ephemeral drainage features to UT 2 as flashy stormwater pulses with increased scour potential. Therefore, the initiation point of UT 2 will be armored by log vanes and/or a floodplain interceptor to withstand stormwater pulses. In -stream Structures The use of in -stream structures for grade control and habitat is essential for successful Stream Restoration (Figure 8A). In -stream structures may be placed in the channels to elevate local water surface profiles, potentially flattening the water energy slope or gradient. The structures would likely consist of log/rock cross -vanes or log/rock j -hook vanes designed primarily to direct stream energy into the center of the channel and away from banks. In addition, the structures would be Benton Branch Bank Site Mitigation Plan page 31 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page: 163 .YJ Number: 1 Author: K7RGLDEB Subject: Comment on Text Date: 2/13/2017 3:32:34 PM Confirm acceptable with Todd/Andrea? ti Author: K7RG9TT9 Subject: Sticky Note Date: 2/24/2017 9:19:18 AM The final acreage of wetland restoration is expected to be based on the performance standards applied to wetlands on the site (e.g., 10% hydroperiod). If boundary modifications are necessary, changes must be confirmed by IRT... placed in relatively straight reaches to provide secondary (perpendicular) flow cells during bankfull events. Pied Channel Crossings Landowner constraints will necessitate the installation of piped channel crossings within breaks in the easement to allow access to portions of the property isolated by stream restoration activities. The crossings will be constructed of properly sized pipes and hydraulically stable rip -rap or suitable rock. Crossings will be large enough to handle the weight of anticipated vehicular traffic. Approach grades to the crossing will be at an approximate 10:1 slope and constructed of hard, scour -resistant crushed rock or other permeable material, which is free of fines. Crossings must be designed and installed to allow aquatic life passage, including placing pipes below the channel invert elevation and ensuring the proper pipe size to allow for aquatic life passage. Outfall Structures Drop structures are proposed at the outfall of smaller tributaries entering larger, deeper channels. To avoid hydrologic trespass, the drop structure may be installed approximately 50 feet from the stream outfalls. The structure should be constructed to resist erosive forces associated with hydraulic drops proposed at each Site. The drop structures will be constructed of TerraCell, or other similar structure (Figure 813). The structures should be constructed to resist erosive forces associated with hydraulic drops proposed at the Site. TerraCell is a light weight, flexible mat made of high density polyethylene strips. The strips are bonded together to form a honeycomb configuration. The honeycomb mat is fixed in place and filled with gravel or sand. Material in the TerraCell structure may be planted with grasses and shrubs for additional erosion protection. The TerraCell structure will form a nickpoint that approximates geologic controls in stream beds. Marsh Treatment Areas - Deleted: - Shallow wetland marsh treatment areas will be excavated in the floodplain to intercept surface waters draining through agricultural areas prior to discharging into the Site. Marsh treatment areas are intended to improve the mitigation project and are not generating mitigation credit. Proposed marsh treatment areas will consist of shallow depressions that will provide treatment and attenuation of initial stormwater pulses (Figure 813). The outfall of each treatment area will be constructed of hydraulically stable rip -rap or other suitable material that will protect against headcut migration into the constructed depression. It is expected that the treatment areas will fill with sediment and organic matter over time. 10.4 STREAM ENHANCEMENT LEVEL I Stream Enhancement Level I will entail reducing channel depth to appropriate values as outlined in morphology tables, installing habitat/grade control structures, contouring stream banks, removing invasive plant species, and supplemental planting, as necessary. All channel work will be completed in a manner to cause as little disturbance to the existing vegetation as feasible and desirable hardwood trees greater than 4 inches in diameter at breast height will be avoided to the maximum extent possible. Enhancement Level I should promote overbank flooding, reduce shear stress/sedimentation, improve water quality functions, and improve aquatic and wildlife habitat associated with a stable riparian corridor/stream. Benton Branch Bank Site Mitigation Plan page 32 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.5 STREAM ENHANCEMENT LEVEL II Stream Enhancement Level II will entail the cessation of current land management practices, fencing livestock from the stream and riparian buffer, and planting riparian buffers with native forest vegetation. Riparian buffers will extend a minimum of 50 feet from the top of stream banks to facilitate stream recovery and prevent further degradation of the stream. 10.6 WETLAND RESTORATION AND ENHANCEMENT Alternatives for Wetland Restoration are designed to restore a fully functioning wetland system which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by channel incision, vegetative clearing, hoof shear, and earth movement associated with agricultural practices. Wetland Restoration options should focus on the removal of fill materials, restoration of vegetative communities, the reestablishment of soil structure and microtopographic variations, and redirecting normal surface hydrology from incised streams to the adjacent floodplains. These activities will result in the restoration of 1.0 acres of jurisdictional riparian floodplain wetlands and the potential restoration of 1.7 acres of jurisdictional riparian wetlands in ponds to be drained. An additional 2.3 acres of jurisdictional riparian wetlands will be enhanced within the Site by planting cleared wetlands with native forest vegetation and removing livestock or other agricultural activities. 10.6.1 Target Wetland Communities/Buffer Communities Onsite wetland and buffer areas targeted for Restoration and Enhancement have endured significant disturbance from land use activities such as land clearing, livestock grazing, and other anthropogenic maintenance. These areas will be planted with native forest species typical of wetland and buffer communities in the region such as those found within the reference forest (see Section 5.2 Reference Forest Ecosystem). Emphasis will focus on developing a diverse plant assemblage. Reestablishment of Historic Groundwater Elevations Hydric soils adjacent to the incised channels appear to have been drained due to lowering of the groundwater tables and a lateral drainage effect from existing stream reaches. Reestablishment of channel inverts is expected to rehydrate soils adjacent to streams. In addition, drainage ditches effectively removing wetland hydrology within the restoration areas will be backfilled. Filling of these ditches and restoring Site tributaries are expected to rehydrate hydric soils, resulting in the restoration of jurisdictional hydrology to riparian wetlands. Excavation and Grading of Elevated Spoil and Sediment Embankments Some areas adjacent to the existing channels and wetlands have experienced both natural and unnatural sediment deposition. Spoil piles were likely cast adjacent to the channel during dredging, straightening, and rerouting of streams, and ditching of the adjacent floodplain. Hydrophytic Vegetation Benton Branch Bank Site Mitigation Plan page 33 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Site wetland areas have endured significant disturbance from land use activities such as land clearing, agriculture, livestock grazing, and other anthropogenic maintenance. Wetland areas will be revegetated with native forest vegetation typical of wetland communities in the region. Emphasis will focus on developing a diverse plant assemblage. Reconstructing Stream Corridors The Stream Restoration plan involves the reconstruction of Site streams through the floodplain. Existing channels will be backfilled so that the water table may be restored to historic conditions. However, some portions of the existing channels may remain open for the creation of wetland ,'vernal pool" features. These features will be plugged on each side of the open channel and will function as open water systems expected to provide habitat for a variety of wildlife as well as create small pockets of open water/freshwater marsh within the Site. These features will account for a small portion of the Site and will be required to occupy less than 10 percent of the overall wetland area. 10.7 PLANT COMMUNITY RESTORATION Restoration of floodplain forest and stream -side habitat allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Reference Forest Ecosystem (RFE) data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990) will be used to develop the primary plant community associations that will be promoted during community restoration activities. Planting vegetation on cleared stream banks is proposed to reestablish native/historic community patterns within the stream corridor, associated side slopes, and transition areas. Revegetating the Site's floodplains and stream banks will provide stream bank stability, give shade, reduce surface water temperatures, filter pollutants from adjacent runoff, and provide habitat for area wildlife. Variations in vegetative planting will occur based on topographic locations and hydraulic conditions of the soil. Vegetative species composition will mimic reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include 1) Piedmont Alluvial Forest, 2) Dry-Mesic Oak -Hickory Forest, and 3) stream -side assemblage. 10.8 PLANTING PLAN Stream -side trees and shrubs include species with high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. Stream -side trees and shrubs will be planted within 50 feet of the channel throughout the meander belt -width. Shrub elements will be planted along the reconstructed stream banks, concentrated along outer bends. Piedmont Alluvial Forest is the target community for Site floodplains and Dry-Mesic Oak -Hickory Forest is the target community for upland side -slopes. Benton Branch Bank Site Mitigation Plan page 34 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Bare -root seedlings within the Piedmont Alluvial and Dry-Mesic Oak -Hickory Forests will be planted at a density of approximately 680 stems per acre on 8 -foot centers. Shrub species in the stream -side assemblage and Marsh Wetland Treatment Areas will be planted at a density of 2720 stems per acre on 4 -foot centers. In addition to planting seedlings, a seed mix will be spread within Marsh Treatment Wetland Areas as follows. 1. Virginia wildrye (Elymus virginicus) 2. Switch grass (Panicum virgatum) 3. Big blue stem (Andropogon gerardii) 4. Indian grass (Sorghastrum nutans) 5. Deer tongue (Dichanthelium clandestinum) Table 19 depicts the total number of stems and species distribution within the Site (see Planting Plan for the Site in Figure 19). Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Benton Branch Bank Site Mitigation Plan page 35 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 19. Plantina Plan Vegetation Association Piedmont/Low Mountain Alluvial Forest* Dry-Mesic Oak -Hickory Forest* Marsh Treatment Wetland** Stream -side Assemblage** TOTAL Area (acres) 10.2 6.9 0.1 4.5 21.7 Species #planted* % of total #planted* % of total # lanted** % of total # lamed** % of total # planted Tag alder (Alnus serrulata) -- -- -- -- 27 10 612 5 639 River birch (Betula nigra) 694 10 612 5 1306 Ironwood (Carpinus caroliniana) -- -- 938 20 -- -- -- -- 938 Buttonbush (Cephalanthus occidentalis) -- -- -- -- 54 20 -- -- 54 Red bud (Cercis canadensis) -- -- 704 15 -- -- -- -- 704 Sweet p e erbush (Clethra alnifolia) -- -- -- -- 41 15 -- -- 41 Silky dogwood (Cornus amomum) 694 10 41 15 2448 20 3182 Persimmon (Diospyros virginiana) 469 10 469 White ash (Fraxinus americana) 235 5 235 Green ash (Fraxinuspennsylvanica) 1387 20 2448 20 1 3835 Blueberry (Vaccinium corymbosum) -- -- -- -- 27 10 -- -- 27 Tulip poplar (Liriodendron tuli ifera) 694 10 -- -- -- -- -- -- 694 Sycamore (Platanus occidentalis) 1387 20 2448 20 3835 Black gum (Nyssa sylvatica) -- -- 704 15 -- -- -- -- 704 Water oak (Quercus nigra) 1040 15 938 20 1224 10 3203 Willow oak (Quercus phellos) 1040 15 704 15 1224 10 2968 Black willow (Salix nigra) -- -- -- -- -- -- 1224 10 1 1224 Elderberry (Sambucus canadensis) 54 20 54 Possumhaw (Viburnum nudum) -- -- -- -- 27 10 -- -- 27 TOTAL 6,936 100 4,692 100 272 100 12,240 100 24,140 * Planted at a density of 680 stems/acre. ** Planted at a density of 2720 stems/acre. Benton Branch Bank Site Mitigation Plan page 36 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.9 NUISANCE SPECIES MANAGEMENT Chinese privet (Ligustrum sinense), thorny olive (Eleagnus pungens), and multiflora rose (Rosa multiflora) are scattered within the Site. These species will be controlled mechanically and/or chemically, as part of this project. No other nuisance species controls are proposed at this time. Inspections for beaver and other potential nuisance species will occur throughout the course of the monitoring period. Appropriate actions may be taken to ameliorate any negative impacts regarding vegetation development and/or water management on an as -needed basis. 10.10 SOIL MANAGEMENT AND EROSION CONTROL MEASURES The Sponsor will coordinate with the NC Division of Land Quality (Winston Salem office) to obtain the necessary erosion control permits for the proposed work. In general, soil management and erosion control measures are expected to include the following: silt fence installation along haul roads, spoil piles, or other areas where turbid drainage may exit the Site or enter streams; establish temporary or permanent ground cover within 7 calendar days of land disturbing activity; seed, mat and mulch stream banks upon completion of channel excavation; excavate proposed channels in the dry through the use of impervious dikes and pumps; installation of temporary stone construction entrance/exit; use of log mats for temporary stream crossings; and any other erosion control measures requested by the NC Division of Land Quality. 11.0 PERFORMANCE STANDARDS AND MONITORING REQUIREMENTS Monitoring requirements and success criteria outlined in the latest guidance by USACE in April 2003 (Stream Mitigation Guidelines) will be followed and are briefly outlined below. Monitoring data collected at the Site should include reference photos, plant survival analysis, channel stability analysis, and biological data. Wetland hydrology is proposed to be monitored for a period of seven years (years 1-7). Riparian vegetation and stream morphology is proposed to be monitored for a period of seven years with measurements completed in years 1-3, year 5, and year 7. Macroinvertebrate sampling will be conducted in years 3, 5 and 7, although there are no performance standards tied to the results. Monitoring reports for years 4 and 6 will include photo documentation of stream stability and wetland hydrology monitoring data. If monitoring demonstrates the Site is successful by year 5 and no concerns have been identified, the Sponsor may propose to terminate monitoring at the Site and forego monitoring requirements for years 6 and 7. Early closure will only be provided through written approval from the USAGE in consultation with the Interagency Review Team (IRT). Monitoring will be conducted by Axiom Environmental, Inc. Annual monitoring reports of the data collected will be submitted to the IRT by the Sponsor no later than December 31 of each monitoring year data is collected. Monitoring and success criteria for the Site should relate to project goals and objectives determined by NC SAM and NC WAM functional assessment methods. From a mitigation perspective, several of the goals and objectives are assumed to be functionally elevated by restoration activities without direct measurement. Other goals and objectives will be considered successful upon achieving stream, wetland, and/or vegetation success criteria. The following Table 20 summarizes Benton Branch Bank Site Mitigation Plan page 37 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC stream success criteria related to goals and objectives. Table 21 provides a monitoring schedule for the Bank Site. Table 20. Functional Goals/Objectives and Performance Standards Functional Goals/Objectives I Performance Standards and Monitoring (1) Hydrology (2) Flood Flow (Floodplain Access) Pebble counts documenting coarsening of bed material from (3) Streamside Area Attenuation Four overbank events in separate monitoring years will be documented during the monitoring period. (4) Floodplain Access Success Criteria (Section 11.3.1) (4)Microtopography Removal of cattle, and attaining Vegetation Success Criteria (3) Stream Stability (Section 11.3.1). (3) Stream Stability maintenance of channel geomorphology and attaining (4) Channel Stability Cross-sections, monitored annually, will be compared to as - (2) Stream -side Habitat built measurements to documented channel stability and (4) Sediment Transport maintenance of channel geomorphology (Section 11.1.1). (4) Stream Geomorphology pre-existing conditions of sand and silt to post restoration (2) Surface Storage and Retention Four overbank events in separate monitoring years, and attaining Wetland and Vegetation Success Criteria (Sections (2) Subsurface Storage and Retention 11.2.1 and 11.3.1). Water (2) Stream -side Area Vegetation Attaining Wetland and Vegetation Success Criteria (Sections (3) Upland Pollutant Filtration 11.2.1 and 11.3.1) (2) Indicators of Stressors Removal of cattle, fencing intact, and easement encroachment avoided. (2) Particulate Change Removal of cattle, documentation of four overbank events in (2) Physical Change separate monitoring years, and attaining Wetland and Vegetation Success Criteria (Sections 11.2.1 and 11.3.1) (1) Habitat Benton Branch Bank Site Mitigation Plan page 38 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC ------- Formatted Table -- -- f Formatted Table Pebble counts documenting coarsening of bed material from (Z) In -stream Habitat pre-existing conditions of sand and silt to post restoration conditions of gravel and cobble, and attaining Vegetation Success Criteria (Section 11.3.1) (3) Substrate Cross-sections, monitored annually, will be compared to as - (3) Stream Stability built measurements to document channel stability and maintenance of channel geomorphology and attaining (3) In -stream Habitat Vegetation Success Criteria (Sections 11.1.1 and 11.3.1). (2) Stream -side Habitat Attaining Vegetation Success Criteria (Section 11.3. 1) Pebble counts documenting coarsening of bed material from (2) Physical Structure pre-existing conditions of sand and silt to post restoration conditions of gravel and cobble, and attaining Vegetation Success Criteria (Section 11.3. 1) (2) Landscape Patch Structure Attaining Vegetation Success Criteria (Section 11.3. 1) (2) Vegetative Composition Benton Branch Bank Site Mitigation Plan page 38 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC ------- Formatted Table -- -- f Formatted Table Table 21. Monitoring Schedule Resource Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 11.1 STREAMS Monitoring plans for the Site are depicted in Figures 10A-1013. Permanent, monumented cross- sections shall be installed at an approximate frequency of one per 50 bankfull-widths, measured along the thalweg, along every reach where Stream Restoration and/or Enhancement Level I mitigation activities are utilized. In general, cross-section locations should be selected to equally represent pool and riffle areas and should include areas more likely to exhibit instability. Cross- --- Deleted: The sponsor, through its assigns, may exercise discretion SCCtlOn locations Shall be detailed In the Site as -built survey. in determining the placement and frequency of cross-sections, which shall be determined by best professional judgment. Wolman Pebble Counts shall be conducted annually at a representative subset of cross-sections, spaced approximately 1000 linear feet apart, as measured along the thalweg, for longer Stream Restoration and Enhancement Level I reaches. For shorter Stream Restoration and Enhancement Level I reaches, at a minimum, at least one Wolman Pebble Count shall be conducted on each channel of at least 500 linear feet in length. Longitudinal profiles of thalweg, water surface, bankfull, and top -of -bank of each Stream Restoration and Enhancement Level I reach shall be provided in the Site as -built survey. Additional profile surveys during the Stream Monitoring Period shall not be required, unless evidence of bed and/or bank instability is observed. In such cases, the USACE, in consultation with the IRT, shall determine if remedial measures are necessary. If remedial measures are necessary, remedial measure monitoring and reporting may include additional longitudinal profiles. Stream flow gauges will be installed in the lower reaches of UT 2 downstream of confluence with UT 1. The approximate location of stream flow gauges are depicted on monitoring plan (Figure l0A). Determinations regarding the occurrence of bankfull events shall be based on the observation of overbank events utilizing a combination of staff gauges, automated trail cameras, as well as physical evidence of overbank flooding. Physical indicators, which are easily observable, include floodplain scour, vegetation flattening, sediment deposition on floodplains and wrack lines consisting of deposited debris associated with stream discharges. The presence of physical indicators supporting bankfull event determinations shall be photodocumented. Staff gauges may also be installed along Site floodplains at predetermined elevations and locations sufficient to indicate if bankfull events have taken place. If such gauges are installed, they will be monitored Benton Branch Bank Site Mitigation Plan page 39 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC routinely. Each bankfull monitoring event may be reported separately to the USACE from annual monitoring reports. 11.1.1 Stream Success Criteria ,Stream success will be documented with measurements of stream stabili including bank -height- Deleted: stream success will be based on evaluations of functional ratio and entrenchment ratio. Specifically, bank -height -ratios shall not exceed 1.2 in regions of uplift identified on NC SAM calculations. channel altered through design. In addition, the entrenchment ratio shall be no less than 2.2 within E -type or C-type channels and no less than 1.4 for B -type channels. Channels with intermittent, or questionable stream dischargeecifically UT 1) will have stream flow gauges installed to document flow in the channel. Automated trail cameras will be mounted in conjunction with stream flow gauges to document flow duration as well. Success of intermittent streams is expected to include 30 consecutive days of flow, along with more than one indicator of an ordinary high water mark as outlined in Regulatory Guidance Letter 05-05. Project channels shall remain stable and all other performance standards shall be met through four separate bankfull events, occurring in separate years, during the monitoring years 1 through 7. 11.2 WETLANDS Groundwater monitoring gauges will be installed at the Site in locations depicted on Figure 10 in an effort to take measurements after hydrological modifications are performed. Hydrological sampling will continue throughout the growing season at intervals necessary to satisfy jurisdictional hydrology success criteria (USEPA 1990). In addition, an on-site rain gauge will document rainfall data for comparison of groundwater conditions with extended drought conditions and floodplain crest gauges may be installed to confirm overbank flooding events. 11.2.1 Wetland Success Criteria Monitoring and success criteria for wetland re-establishment should relate to project goals and objectives. From a mitigation perspective, several of the goals and objectives are assumed to be functionally elevated by restoration activities without direct measurement. Other goals and objectives will be considered successful upon achieving vegetation success criteria. The following summarizes wetland success criteria related to goals and objectives. According to the Soil Survey of Caswell County, the growing season occurs from April 10 — October 24. However, the start dates for the growing season are not typical for the Piedmont region; therefore, for purposes of this project gauge hydrologic success will be determined using data from March 1 - October 22 to more accurately represent the period of biological activity. For wetland success criteria, March I shall be the earliest a growing season may start. Confirmation of the growing season must be accompanied by evidence of biological activity (bud burst and soil temperature). The growing season will not be considered to have started on March 1 if bud burst and soil temperature data do not meet the criteria outlined below. Based on growing season information outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (USACE 2012), this will be confirmed annually by soil temperatures exceeding 41 degrees Fahrenheit at 12 Benton Branch Bank Site Mitigation Plan page 40 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page: 172 1,lNumber: 1 Author: K7RGLDEB Subject: Comment on Text Date: 2/13/2017 3:36:OS PM should say "Specifically UT 1 and UT 2) inches depth and/or bud burst. Bud burst is expected to follow the definition of "above ground growth" as outlined in the regional supplement (USACE 2012) including the emergence of herbaceous plants from the ground, appearance of new growth from vegetative crowns, sprouting seeds, green foliage visible between spreading bud scales, emergence or elongation of leaves of woody plants, and/or emergence of flowers. Bud burst, or "above ground growth" is expected to be observed on two, or more species of plant to satisfy this criteria. Photographic evidence of bud burst and field logs of date and temperature will be included in the annual monitoring reports. Target hydrological characteristics include saturation or inundation for 10 percent of the monitored period (March 1 -October 22), during average climatic conditions. During years with atypical climatic conditions, groundwater gauges in reference wetlands may be used to ascertain if hydrology data may be modified by the IRT for that particular year. Reference gauge data is not proposed to alter growing season lengths, or hydrology success criteria without consent for the IRT. 11.3 VEGETATION After planting has been completed in winter or early spring, an initial evaluation will be performed to verify planting methods and to determine initial species composition and density. Supplemental planting and additional Site modifications will be implemented, if necessary. During quantitative vegetation sampling, sample plots (10 -meter by 10 -meter) will be installed within the Site as per guidelines established in CVS-EEP Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). In each sample plot, vegetation parameters to be monitored include species composition and species density. Visual observations of the percent cover of shrub and herbaceous species will also be documented by photograph. 11.3.1 Vegetation Success Criteria An average density of 320 planted stems per acre must be surviving in the first three monitoring years. Subsequently, 290 planted stems per acre must be surviving in year 4, 260 planted stems per acre in year 5, and 210 planted stems per acre in year 7. In addition, planted vegetation must average 10 feet in height in each plot at year 7 since this Site is located in the Piedmont. Volunteer stems may be considered on a case-by-case basis in determining overall vegetation success; however, volunteer stems should be counted separately from planted stems. 11.4 MACROINVERTEBRATES Macroinvertebrate sampling will be conducted in accordance with the "Qual 4" method described in Standard Operating Procedures for Collection and Analysis of Benthic Macroinvertebrates (NCDWQ 2012). In addition, sampling will occur during the "index period" referenced in Small Streams Biocriteria Development (NCDWQ 2009). Results will be presented on a site -by -site basis and will include a list of taxa collecter, an enumeration of Ephemeroptera, Plecoptera, and Tricopetera taxa as well as Biotic index values. Baseline data can be found in Appendix E and sampling locations are depicted in Figure E1 (also Appendix E). 12.0 MAINTENANCE AND CONTINGENCY PLAN Benton Branch Bank Site Mitigation Plan Cape Fear 02 Umbrella Mitigation Bank page 41 Restoration Systems, LLC The Sponsor shall monitor the Site on a regular basis and shall conduct a physical inspection a minimum of once per year throughout the post -construction monitoring period until performance standards are met. These inspections may identify components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following construction and are summarized as follows. 12.1 VEGETATION Vegetation will be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical (i.e. chainsaw) and/or chemical (i.e. basal bark herbicide application) methods. Any vegetation control requiring herbicide application & soil fertilization will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations & 15A NCAC 02B .0233. If vegetation Performance Standards are not achieved based on average density calculations from combined plots over the entire restoration area, supplemental planting may be performed with tree species approved by regulatory agencies. Supplemental planting will be performed as needed until achievement of vegetation success criteria. 12.2 STREAMS In the event that stream Performance Standards are not fulfilled, a mechanism for contingency will be implemented. Stream contingency may include, but may not be limited to 1) structure repair and/or installation; 2) repair of dimension, pattern, and/or profile variables; and 3) bank stabilization. The method of contingency is expected to be dependent upon stream variables that are not in compliance with Performance Standards. Primary concerns, which may jeopardize stream success include: 1) structure failure, 2) headcut migration through a Bank Site, and/or 3) bank erosion. Structure Failure In the event that structures are compromised the affected structure will be repaired, maintained, or replaced. Once the structure is repaired or replaced, it must function to stabilize adjacent stream banks and/or maintain grade control within the channel. Structures which remain intact, but exhibit flow around, beneath, or through the header/footer will be repaired by excavating a trench on the upstream side of the structure and reinstalling filter fabric in front of the pilings. Structures which have been compromised, resulting in shifting or collapse of header/footer, will be removed and replaced with a structure suitable anticipated stormwater flows. Headcut Migration In the event that a headcut occurs (identified visually or through measurements [i.e. bank -height ratios exceeding 1.4]), provisions for impeding headcut migration and repairing damage caused by the headcut will be implemented. Headcut migration may be impeded through the installation of in -stream grade control structures (rip -rap sill and/or log cross -vane weir) and/or restoring stream geometry variables until channel stability is achieved. Channel repairs to stream geometry may include channel backfill with coarse material and stabilizing the material with erosion control matting, vegetative transplants, and/or willow stakes. Benton Branch Bank Site Mitigation Plan page 42 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Bank Erosion In the event that severe bank erosion occurs, resulting in elevated width -to -depth ratios, contingency measures to reduce bank erosion and width -to -depth ratio will be implemented. Bank erosion contingency measures may include the installation of log -vane weirs and/or other bank stabilization measures. If the resultant bank erosion induces shoot cutoffs or channel abandonment, a channel may be excavated which will reduce shear stress to stable values. 12.3 WETLAND HYDROLOGY Hydrological contingency will require consultation with hydrologists and regulatory agencies if wetland hydrology enhancement is not achieved. Hydrologic contingency actions may include: floodplain surface modifications such as construction of ephemeral pools, deep ripping of the soil profile, supplemental planting, and/or maintenance to areas of the wetland where stormwater or floodplain flows are intercepted to prevent scour. Recommendations for contingency to establish wetland hydrology may be implemented and monitored until hydrology success criteria are achieved. In the event that beaver become a nuisance within the Site, beaver management will be initiated and continued on an as -needed basis in accordance with North Carolina Wildlife Resource Commission (NCWRC) rules and regulations. 12.4 SITE BOUNDARIES Site boundaries shall be identified in the field to ensure clear distinction between the Site and adjacent properties. Boundaries may be identified byparker, bollard, o�ogas allowed by site Deleted: fence, ---------- conditions and/or conservation easement. Disturbed, damaged, or destroyed boundary markers ----------- Deleted: , vee -blazing; or other means will be repaired and/or replaced on an as needed basis. 12.5 TERRACELL DROP STRUCTURES Terracell drop structures will be monitored annually at a minimum. In the event of erosion or scour within the structure, maintenance may include structure repair, chinking of the structure to prevent piping, securing of loose coir -fiber matting, and/or supplemental planting of live stakes and erosion control grasses. In the event that debris clogs or inhibits flow over the structure, manual or mechanical removal of debris will occur; maintenance is only expected until the structure naturalizes. 13.0 LONG-TERM MANAGEMENT PLAN The Site will be protected under the terms outlined in the Site's perpetual conservationpasements. ..- Deleted: easement The conservation casements will prohibit incompatible uses that might Jeopardize the objectives - Deleted: easement ------- --------- of the Site. The North Carolina Wildlife Habitat Foundation ("NCWHF") will be the conservation easement holder. C WHF has requested, and the provide, S onsor has agreed to twentythousand Deleted: NCWHF maintains an endowment for the purpose of P ($20,000) dollars at the conservation easement closingto hold the Site's easements. monitoring dna enforcement conservation easements rt holds ("General Stewardship Fund")).. NCWIIF will require none -time contribution from the Sponsor to NCWHF's General Stewardsbip In addition to servingas the conservation easement older, NCWHF will also be res onsible for Fund sufficient orva to easemupportents, NCwHF's a at time of under the �________p_________-_-___„ Site's conservation easements, payable at time of easement closing long-term management of the Site per the requirements of the Bank UMBI and this Bank Site Deleted: stewardship Mitigation Plan. As the Site has been designed to be self-sustaining, the Site's long-term management activities will be limited to routine boundary inspections and, when necessary, Benton Branch Bank Site Mitigation Plan page 43 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC marking Site boundaries to ensure clear identification of conservation areas.' Per their Deleted:. Z responsibilities as the Site's easement holder, NCWHF will inspect boundaries annually to monitor for encroachment. During these inspections, as the Site's long-term manager, the condition of boundary markings (i.e., signs) will be noted and replaced as needed. The Sponsor has agreed to provide to NCWHF an additional five thousand ($5.000) dollars at the conservation easement closing to fund the Site's long-term management. For the purposes of calculating the gmount required to fund long-term management (see Appendix -.-.--- Deleted: Long -teen Managemeat Fund t --------- ------------------------------------------------- Fj the fiollowing_ assumptions and inputs_were used: 1)_during the implementation of this Bank — Deleted:) Site Mitigation Plan, fifty (50) signs will be installed and an additional fifty (50) replacement signs will be purchased by the Sponsor; 2) these signs have a 50 -year life; however, complete : ---- Deleted: at no cost to the Long-term Managementrand replacement will occur every 20 years; 3) in today's US dollars, it costs $300 to purchase 50 signs and requires four hours of labor ($200) to install 50 signs at the Site; and 4) although NCWHF will use ,revenues generated from the $20,000 required for easement holding (discussed above) to .- Deleted: their General Stewardship Fund inspect boundaries, additional funds were included to ensure completion of boundary inspections. In support of NCWHF as the Site's easement holder and long-term manager, the Sponsor will provide a lump sum payment of twenty-five thousand ($25,000) dollars to NCWHF at the time of conservation easement closing, prior to the Site's initial credit release. This payment includes funds to support NCWHF's role as the easement holder ($20,000) and additional funds to support long-term management ($5,000). 14.0 ADAPTIVE MANAGEMENT PLAN Any changes that may occur in the mitigation plan due to unanticipated construction constraints will be adapted accordingly to meet Performance Standards outlined above (Section 11.0). The Sponsor or its assigns will visit the Site at least annually to check the status of aquatic resources. Likely challenges are limited, but may include a loss of vegetation structure due to natural or man- made causes including mortality of existing mature trees as the result of changes in hydrology, a growing presence of invasive species, or some type of contaminated spill upstream of the Site. In the event that unforeseen changes occur that affect the management or Performance Standards of the Site during its operational period, the Sponsor will utilize the maintenance plan outlined above (Section 12.0 Maintenance and Contingency Plan) and work with the IRT to determine appropriate measures to rectify deficiencies at the Site in order to provide targeted aquatic functions. If such unforeseen changes occur the Sponsor will obtain additional permits as necessary and will provide the USAGE a Record Drawing of corrective actions that depict the extent and nature of the work performed. 15.0 FINANCIAL ASSURANCE Prior to the first credit release, and over the operational life of the Site, the Sponsor shall provide financial assurances sufficient to assure completion of all mitigation work, required reporting and t While the Sponsor will construct fencing along easement boundaries as well as creek crossings between easements as part of this Bank Site Mitigation Plan, all fencing and crossing maintenance following Bank Site closeout shall be the responsibility of the associated landowner, which will be clearly set out in the Site's final conservation easements. .-. - ' Deleted: . Therefore, fencing/crossing maintenance and/or replacement is not part of the Site's Long-term Management Plan. Benton Branch Bank Site Mitigation Plan page 44 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC monitoring, and any remedial work required pursuant to the Bank UMBI. Such assurances shall be separated into two types, identified as follows: 1) mitigation plan implementation (herein after referred to as "Implementation Assurance"), which shall assure the Site's construction, monitoring and maintenance phases; and 2) maintenance and monitoring (herein after referred to as "Maintenance and Monitoring Assurance") following the full implementation of the Mitigation Work Plan detailed in Section 10.0 of this Bank Site Mitigation Plan, which effectively replaces or reduces the value of the Implementation Assurance. 15.1 IMPLEMENTATION ASSURANCE The Implementation Assurance shall consist of a performance bond in a form substantially similar -.-.- Deleted: either to the draft provided in Appendix underwritten by a surety company licensed to do business in _._- Deleted: F North Carolina with a Best's current rating of not less than "A.. The total value of such bon shall ------Deleted: e 2', or a casualty insurance policy in an appropriate form be six hundred eight thousand one hundred forty six dollars ($608,146). to be approved by the USACE in compliance with current USAGE policy and guidance documents. 15.2 MAINTENANCE AND MONITORING ASSURANCE Deleted: or policy ollowin the Site's construction, the Implementation Assurance shall be re laced with another p----- - ----- - P ------------------ Deleted: If a performance bond is utilized,founwing performance bond. The replacement bond shall be in a form substantially similar to the draft provided in Appendix G. The total value of such bond shall be twenty seven_ thousand five_ -,_--- Deleted: F hundred dollars ($27,500).-_ Deleted: No such replacement is necessary if a. casualty insurance .-..---- policy is utilized. 15.3 OTHER FINANCIAL ASSURANCE REQUIREMENTS Financial, 5 shall bepayable to the Site's casement holder and financial assurance obligee, _-_ = Deleted: assurance the NCWHF. in addition, financial assurances shall contain a provision ensuring the District Engineer receives notification at least 120 days in advance of any termination or revocation. 16.0 CONCLUSIONS The development of the Benton Branch Bank Site Mitigation Plan under the terms and conditions of the Cape Fear 02 Umbrella Mitigation Bank, will result in the ecological improvement of 9,835 linear feet of stream, 3.3 acres of wetland, and 1.7 acres of potential wetland under existing ponds to be removed. The Site has the potential to provide 5,992 SMUs and 3.9 WMUs through the restoration, enhancement, and permanent protection of 33 -acres surrounding several currently impacted streams and wetlands in Caswell County, North Carolina. Benton Branch Bank Site Mitigation Plan page 45 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 17.0 REFERENCES Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classifications of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical ReportY-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Gordon, N.D., T.A. McMahon, and B.L. Finlayson. 1992. Stream Hydrology: an Introduction for Ecologists. John Wiley & Sons, Ltd. West Sussex, England. Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelboume. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Harman, W.A., G.D. Jennings, J.M. Patterson, D.R. Clinton, L.A. O'Hara, A. Jessup, R. Everhart. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. N.C. State University, Raleigh, North Carolina. Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2006. CVS-EEP Protocol for Recording Vegetation, Level 1-2 Plot Sampling Only. Ecosystem Enhancement Program, North Carolina Department of Environment and Natural Resources. 11 pp. Natural Resources Conservation Service (MRCS). 2014. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/app/ [January 9, 2014]. United States Department of Agriculture. North Carolina Division of Water Quality (NCDWQ). 2001. Benthic Macroinvertebrate Monitoring Protocols for Compensatory Mitigation. 401/Wetlands Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2005. Cape Fear River Basinwide Water Quality Plan. Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=2eddbd59-b382-4b5 8-97ed- c4049bf4e8e4&groupId=38364. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2006. Standard Operating Procedures for Benthic Macroinvertebrates. Biological Assessment Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. Benton Branch Bank Site Mitigation Plan page 46 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC North Carolina Division of Water Quality (NCDWQ). 2012. Final North Carolina Water Quality Assessment and Impaired Waters List (2012 Integrated 305(b) and 303(d) Report) (online). Available: http://portal.ncdenr.org/web/wq/ps/mtu/assessment [January 9, 2014]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2014. 2014 NC 303(d) List — Category 5 Final December 19, 2014 (online). Available: http://por-tal.ncdenr.org/c/document_library/get_file?uuid=28b97405-5 5 da-4b21-aac3- f580ee810593&groupId=38364 [October 28, 2015]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2015. North Carolina Water Bodies Report (online). Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=l Oc60296-dcc8-439f-a4l c- d475ea7adlfa&groupld=38364 [April 2015]. North Carolina Department of Environment and Natural Resources, Raleigh. North Carolina Ecosystem Enhancement Program (NCEEP 2009). Cape Fear River Basin Restoration Priorities 2009 (online). Available http://portal.ncdenr.org/c/document_library/get_file?uuid=864e82e8-725 c-415 e-8ed9- c72dfcb55012&groupId=60329 North Carolina Ecosystem Enhancement Program (NCEEP 2011). Monitoring Requirements and Performance Standards for Stream and/or Wetland Mitigation. North Carolina Stream Functional Assessment Team. (NC SFAT 2015). N.C. Stream Assessment Method (NC SAM) User Manual. Version 2.1. Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology (Publisher). Pagosa Springs, Colorado Schafale, M and Weakley, A. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation. Raleigh, North Carolina United States Army Corps of Engineers, United States Environmental Protection Agency, North Carolina Wildlife Resources Commission, North Carolina Division of Water Quality (USAGE et al.). 2003. Stream Mitigation Guidelines. Unites States Army Corps of Engineers (USACE). 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region. United States Census Bureau (USCB). 2013. Population estimates V.2013. http://quickfacts.census.gov/gfd/states/37000.html Benton Branch Bank Site Mitigation Plan page 47 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC United States Department of Agriculture (USDA). 1960. Soil Survey of Alamance County, North Carolina. Soils Conservation Service, United States Department of Agriculture. United States Department of Agriculture (USDA). 1908. Soil Survey of Caswell County, North Carolina. Soils Conservation Service, United States Department of Agriculture. United States Environmental Protection Agency (USEPA). 1990. Mitigation Site Type Classification (MiST). USEPA Workshop, August 13-15, 1989. EPA Region IV and Hardwood Research Cooperative, NCSU, Raleigh, North Carolina. United States Fish and Wildlife Service (USFWS). 2015. Threatened and Endangered Species in North Carolina (online). Available: http://www.fws.gov/nc-es/es/countyfr.html. (April 17, 2015]. United States Fish and Wildlife Service, Raleigh, North Carolina. United States Geological Survey (USGS). 2006. Estimating the Magnitude and Frequency of Floods in Rural Basins of North Carolina — Recompiled. USGS Water -Resources Investigations Report 01-4207. Raleigh, North Carolina. Benton Branch Bank Site Mitigation Plan page 48 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX A BANK SITE CONSERVATION EASEMENT Benton Branch Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Stream and Wetland Mitigation Bank Restoration Systems, LLC APPENDIX B MORPHOLOGY TABLES AND EXISTING STREAM CHARACTERISTIC DATA Benton Branch Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Stream and Wetland Mitigation Bank Restoration Systems, LLC APPENDIX C. FLOOD FREQUENCY ANALYSIS DATA Benton Branch Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Stream and Wetland Mitigation Bank Restoration Systems, LLC APPENDIX D. JURISDICTIONAL DETERMINATION PACKAGE Benton Branch Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Stream and Wetland Mitigation Bank Restoration Systems, LLC APPENDIX E. PRECONSTRUCTION BENTHIC MACROINVERTEBRATE DATA Benton Branch Bank Site Mitigation Plan Appendix Upper Cape Fear Umbrella Stream and Wetland Mitigation Bank Restoration Systems, LLC Page 27: [1] Deleted Adam Riggsbee 2/7/17 10:19:00 AM Proof of establishment and full funding of Long-term Management Fund. Page 44: [2] Deleted Adam Riggsbee 2/7/171 AM A separate endowment fund ("Long-term Management Fund"), to be held by NCWHF, will be established by the Sponsor to support long-term management activities after Bank Site closeout. Based on the calculations presented in Appendix F, the Long-term Management Fund shall consist of an initial principal investment of $5,000 (see Appendix F for principal calculations), which will be funded as a required milestone for the Site's Year 7 credit release (see Table 15). DRAFT BANK SITE MITIGATION PLAN CAPE FEAR 02 UMBRELLA MITIGATION BANK DEVELOPED THROUGH RESTORATION AND ENHANCEMENT OF THE MOTES CREEK BANK SITE Alamance County, North Carolina Axiom Environmental, Inc PREPARED BY: RESTORATION SYSTEMS, LLC 1101 HAYNES STREET, SUITE 211 RALEIGH, NORTH CAROLINA 27604 AND AXIOM ENVIRONMENTAL, INC. 218 SNOW AVENUE RALEIGH, NORTH CAROLINA 27603 YEBRUARY 2017--- Deleted: OCTOBER 2016 ____- —Section Break (Continuous) EXECUTIVE SUMMARY Restoration Systems, LLC proposes the Motes Creek Bank Site Mitigation Plan for inclusion into the Cape Fear 02 Umbrella Mitigation Bank. Phase I of the Cape Fear 02 Umbrella Mitigation Bank includes the proposed restoration and enhancement of four stream and wetland mitigation sites in the Haw River basin, which is also referred to as the Cape Fear 02 watershed. The Phase I Bank Sites (Bank Sites) are comprised of the following: 1) Motes Creek in Alamance County, 2) Benton Branch in Caswell County, 3) Orphan Creek in Alamance County, and 4) Rocky Top in Alamance County (Figures 1 and 2). This detailed Bank Site Mitigation Plan describes the Motes Creek Bank Site (hereafter referred to as the "Site"), located approximately 8 miles southeast of Burlington, NC. The Site encompasses 19 acres of land located south of Mount Willen Road, approximately 2,300 feet east of the intersection of Mount Willen Road and NC Highway 54 (Figure 3). Directions to the Site from Saxapahaw are as follows. From Saxapahaw Take Church Road northeast toward Jordan Dr. — 0.1 mile Church Rd becomes Bethlehem Church Rd. — 1.0 mile Turn left on Mineral Springs Rd. — 2.5 miles Turn left on NC Highway 54 — 0.47 mile Turn right onto Mount Willen Rd. — 0.4 mile Site Coordinates - 35.990932, -79.284956 The Site is characterized by disturbed forest and agricultural land used for livestock grazing and hay production. Currently, the Site includes approximately 4,864 linear feet of perennial and intermittent stream channels, which are accessible by livestock, cleared of forest vegetation, and receive nonpoint source inputs including agricultural chemicals and livestock waste. In addition, Site floodplains are characterized by 1.14 acres of hydric soil (0.44 acres of disturbed wetland and 0.7 acres of drained hydric soil). The main hydrologic features include Motes Creek, three unnamed tributaries (UT) to Motes Creek, and adjacent floodplains. Existing Site reaches are classified as unstable Cg -type, Eg-type, Cf -type, and F -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal, in addition to manual removal of substrate by the landowner. Stream and wetland mitigation activities at the Site involve Stream Restoration, Stream Enhancement (Level I and II), Wetland Restoration, and Wetland Enhancement. Stream and wetland mitigation are expected to result in approximately 5,965 linear feet of stream channel and 1.14 acres of jurisdictional wetland which will generate 5,345 Stream Mitigation Units and 0.92 Riparian Wetland Mitigation Units. Motes Creek Bank Site Mitigation Plan Executive Summary page i Upper Cape Fear Umbrella Mitigation Bank Restoration Systems, LLC TABLE OF CONTENTS EXECUTIVESUMMARY.............................................................................................................I 1.0 INTRODUCTION.....................................................................................................................1 2.0 0 1ECTIVES............................................................................................................................2 2.1 SITE SPECIFIC MITIGATION GOALS..............................................................................................3 3.0 WATERSHED APPROACH.......................................................................................................7 3.1 SITE SELECTION......................................................................................................................7 4.0 SITE PROTECTION..................................................................................................................9 5.0 REFERENCE STUDIES..............................................................................................................9 5.1 CHANNEL CLASSIFICATION........................................................................................................9 5.2 REFERENCE FOREST ECOSYSTEM..............................................................................................11 6.0 ASELINE INFORMATION....................................................................................................11 6.1 EXISTING CONDITIONS...........................................................................................................12 7.0 CHANNELSTA ILITYASSESSMENT......................................................................................16 7.1 STREAM POWER...................................................................................................................16 7.2 SHEAR STRESS......................................................................................................................17 7.3 STREAM POWER AND SHEAR STRESS METHODS AND RESULTS........................................................18 7.4 ANKFULL VERIFICATION........................................................................................................19 8.0 POTENTIAL CONSTRAINTS...................................................................................................21 8.1 SITE ACCESS........................................................................................................................21 8.2 UTILITIES.............................................................................................................................21 8.3 FEMA/HYDROLOGIcTRESPASS...............................................................................................21 8.4 FEDERALLY PROTECTED SPECIES...............................................................................................21 8.5 STATE LISTED SPECIES............................................................................................................22 9.0 CREDIT DETERMINATION AND RELEASE..............................................................................22 9.1 CREDIT DETERMINATION........................................................................................................22 9.2 STREAM CREDIT RELEASE SCHEDULE......................................................................................... _-.-- 9.3 WETLAND CREDIT RELEASE SCHEDULE......................................................................................22( - ----`- 10.0 MITIGATION WORK PLAN..................................................................................................27.__------ 7.__---_.10.1 10.1 RESTORATION PROJECT GOALS AND O JECTIVES.......................................................................2 ------- ---10.2 10.2 STREAM AND WETLAND DESIGN............................................................................................2� ----- 10.3 STREAM RESTORATION........................................................................................................2 10.4 STREAM ENHANCEMENT LEVEL I............................................................................................ -_ 10.5 STREAM ENHANCEMENT LEVEL II...........................................................................................330 ------ 10.6 WETLAND RESTORATION AND ENHANCEMENT..........................................................................3A _ 10.7 PLANT COMMUNITY RESTORATION.........................................................................................31 - 10.8 PLANTING PLAN.................................................................................................................32 10.9 NUISANCE SPECIES MANAGEMENT.........................................................................................3A- 10.10 SOIL MANAGEMENT AND EROSION CONTROL MEASURES........................................................... 11.0 PERFORMANCE STANDARDS AND MONITORING REQUIREMENTS ................................... 11.1 STREAMS..........................................................................................................................3 11.2 WETLANDS........................................................................................................................37 11.3 VEGETATION......................................................................................................................38 11.4 MACROINVERTE RATES....................................................................................................... 12.0 MAINTENANCE AND CONTINGENCY PLAN........................................................................3 12.1 VEGETATION......................................................................................................................39 Motes Creek Bank Site Mitigation Plan Table of Contents page i Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 12.2 12.3 12.4 12.5 13.0 14.0 15.0 15.1 15.2 15.3 16.0 17.0 STREAMS............................................................................................................... 39 WETLANDHYDROLOGY........................................................................................................40 Bank Hydrologic Unit Map SITEOUNDARIES...............................................................................................................� Motes Creek Site Location TERRACELL DROP STRUCTURES..............................................................................................� _ LONG-TERM MANAGEMENT PLAN...................................................................................49 - ADAPTIVE MANAGEMENT PLAN.......................................................................................44 Figure 7. FINANCIAL ASSURANCE.....................................................................................................n- Figures 8A -8B. Typical Structure Details IMPLEMENTATIONASSURANCE..............................................................................................4_2� -- MAINTENANCE AND MONITORING ASSURANCE........................................................................� ------ OTHER FINANCIAL ASSURANCE REQUIREMENTS........................................................................4_2� CONCLUSIONS...................................................................................................................42� REFERENCES......................................................................................................................4A APPENDICES Appendix A. Jurisdiction Determination Appendix B. Bank Site Conservation Easement Appendix C. Morphology Tables and Existing Conditions Stream Data Appendix D. Flood Frequency Analysis Appendix E. Preconstruction Benthic Macroinvertebrate Data Appendix F. Draft Financial Assurance LIST OF FIGURES L[gure 1. Site Locations Map Figure 2. Bank Hydrologic Unit Map Figure 3. Motes Creek Site Location Figure 4. Topography and Drainage Area Figure 5. Existing Conditions and Soils Figures 6A -6B. Restoration Plan Figure 7. Proposed Dimension Pattern and Profile Figures 8A -8B. Typical Structure Details Figure 9. Planting Plan Figure 10. Monitoring Plan Figure Cl. Motes Creek Cross-section Locations Figure El. Motes Creek Benthic Sampling Locations Motes Creek Bank Site Mitigation Plan Table of Contents page ii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page: 190 i Number: 1 Author: K7RGLDEB Subject: Comment on Text Date: 2/13/2017 3:12:14 PM In final submission, need to see updated figures ensuring that the titles say "Cape Fear 02 Umbrella Mitigation Bank" LIST OF TABLES Table 1. Motes Creek Bank Site Credit Summary..................................................................................2 Table 2A. Hydrological Functional Objectives and Proposed Actions..................................................2 Table 2B. Water Quality Functional Objectives and Proposed Actions................................................3 Table 2C. Habitat Functional Objectives and Proposed Actions...........................................................3 Table 3A. Motes Creek Bank Site NC SAM Summary...........................................................................4 Table 3B. Motes Creek Bank Site NC WAM Summary.........................................................................5 Table 3C. Mitigation Work Plan Components Meeting Functional Goals/Objectives ........................6 Table 3D. Mitigation Activities and Credit Potential Summary............................................................7 Table 4. Population Growth in Cape Fear 02..........................................................................................8 Table 5. Watershed Stressors and Usage Ratings....................................................................................9 Table 6. Reference Bankfull Cross -Sectional Area................................................................................10 Table7. Reference Forest Ecosystem......................................................................................................11 Table8. Motes Creek Soils.......................................................................................................................14 Table 10. Stream Power (Q) and Shear Stress (i) Values.....................................................................19 Table 11. Reference Reach Bankfull Discharge Analysis......................................................................20 Table12. Federal Species of Concern.....................................................................................................22 Table 13. Reach -by -Reach Credit Determination Summary.................................................................23 Table 14. Mitigation Activity and Credit Determination Summary....................................................23 Table 15. Stream Credit Release Schedule.............................................................................................2 .__...-- Deleted: 24 Table 16. Wetland Credit Release Schedule...........................................................................................2�( _.._ Deleted: 25 Table 17. Anticipated Construction Timing and Sequencing...............................................................2 _.. - Deleted: 27 Table 18. Mitigation Activity Totals........................................................................................................ ; _ Deleted: 27 Table19. Planting Plan............................................................................................................................_-------- Deleted: 32 Table 20. Functional Goal/Objectives and Performance Standards .................................................... __ -------- Deleted: 34 Table21. Monitoring Schedule................................................................................................................ -------- Deleted: 35 Table C -Reference. Reference Reach Morphological Stream Characteristics ........................... Appendix C Table C1. Motes Creek Morphological Stream Characteristics................................................. Appendix C Motes Creek Bank Site Mitigation Plan Table of Contents page iii Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC DRAFT BANK SITE MITIGATION PLAN CAPE FEAR 02 UMBRELLA MITIGATION BANK RESTORATION AND ENHANCEMENT OF THE MOTES CREEK BANK SITE Alamance County, North Carolina 1.0 INTRODUCTION Restoration Systems, LLC (the Sponsor) is pleased to propose the Motes Creek Mitigation Bank Site (hereafter referred to as the "Site") for inclusion into the Cape Fear 02 Umbrella Mitigation Bank (the Bank). The Site is located approximately 8 miles southeast of Burlington, which encompasses 19 acres of land located south of Mount Willen Road, approximately 2,300 feet east of the intersection of Mount Willen Road and NC Highway 54 (Figure 3). Directions to the Site from Saxapahaw are as follows. From Saxapahaw Take Church Road northeast toward Jordan Dr. — 0.1 mile Church Rd becomes Bethlehem Church Rd. — 1.0 mile Turn left on Mineral Springs Rd. — 2.5 miles Turn left on NC Highway 54 — 0.47 mile Turn right onto Mount Willen Rd. — 0.4 mile Site Coordinates - 35.990932, -79.284956 The Site is characterized by disturbed forest and agricultural land used for livestock grazing and hay production. Currently, the Site includes approximately 4,864 linear feet of perennial and intermittent stream channels, which are accessible by livestock, cleared of forest vegetation, and receive nonpoint source inputs including agricultural chemicals and livestock waste. In addition, Site floodplain are characterized by 1.14 acres of hydric soil (0.44 acres of disturbed wetland and 0.7 acres of drained hydric soil). The main hydrologic features include Motes Creek, three unnamed tributaries (UT) to Motes Creek, and adjacent floodplains. Existing Site reaches are classified as unstable Cg -type, Eg-type, Cf -type, and F -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal, in addition to manual removal of substrate by the landowner. Stream and wetland mitigation activities at the Site involve Stream Restoration, Stream Enhancement (Level I and II), Wetland Restoration, and Wetland Enhancement. Stream and wetland mitigation are expected to result in approximately 5,965 linear feet of stream channel and 1.14 acres of jurisdictional wetland which will generate 5,345 Stream Mitigation Units and 0.92 Riparian Wetland Mitigation Units. Motes Creek Bank Site Mitigation Plan page 1 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 1. Motes Creek Bank Site Credit Wetland Credit Potential Stream Credit Potential Hvdro Status* Mitigation Activities (WMUs) (SMUs) Perennial* Restoration, Enhancement 0.92 5,345 *Note: Perennial and Intermittent stream calls have not been approved by the NC Division of Water Resources and Hydrologic status is for descriptive purposes only. The Site is located in the Haw River basin, or Cape Fear 02, Hydrological Unit Code (HUC) 03030002. 2.0 OBJECTIVES Proposed mitigation activities include: Stream Restoration, Enhancement Level I, Enhancement Level 11, Wetland Restoration, and Wetland Enhancement. Tables 2A -2C summarize the overall project goals/objectives and proposed actions to accomplish such goals and objectives, which address the needs of the Site's watershed and general geographic area (see sections 3.1 and 10.1 for further discussion). Table 2A. Hydrological Functional Objectives and Proposed Actions Hydrological Improvement Objectives Proposed Actions Floodplain Connectivity Reconnect channels with historic floodplains Floodplain Resistance Plant woody riparian buffers; increase microtopography Stream Stability & Reconstruct stream channels, sized to convey bankfull Sediment Transport discharges and watershed sediment supplies Channels constructed or raised to historic floodplain Surface and Subsurface Storage and elevations; increased floodplain hydraulic resistance Retention by planting woody vegetation and increasing microtopography ,Remainder ofpage intentionally left blank) Deleted: _ Motes Creek Bank Site Mitigation Plan page 2 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 2B. Water Quality Functional Objectives and Proposed Actions Water Quality Improvement Objectives Proposed Actions Cattle exclusion and/or cessation of agricultural Remove Pollutant Sources practices Upland Pollutant Filtration Plant woody riparian buffers; construct marsh treatment features intercepting overland flows Increase floodplain connectivity; plant woody Floodplain Biogeochemical Processing riparian buffers; increase microtopography; construct marsh treatment areas Thermal Regulation Plant woody riparian buffers to provide shade Table 2C. Habitat Functional Objectives and Proposed Actions Habitat Functional Improvement Objectives Proposed Actions Construct stable channels, geomorphology designed In -channel Habitat to increase hydraulic and bedform habitat heterogeneity Plant native, woody riparian buffers providing Riparian Habitat and Structure foraging, nesting and cover for terrestrial species as well as refugia for aquatic species 2.1 SITE SPECIFIC MITIGATION GOALS Site specific mitigation goals and objectives have been developed through the use of functional assessment analyses of existing stream and wetland systems at the Site. Functional assessment methods include NC Stream Assessment Method (NC SAM) and NC Wetland Assessment Method (NC WAM). These methodologies rate functional metrics for streams and wetlands as high, medium, or low based on field data collected on forms and transferred into a rating calculator. Using Boolean logic, the rating calculator assigns a high, medium, or low value for each metric and overall function of the stream or wetland area. 2.1.1 Mitigation Goals Mitigation goals and objectives proposed for the Site are based on functional metrics identified by the NC SAM and NC SAM rating calculator. Functional metrics have been developed by regulatory agencies and are summarized in the following tables. Site functional assessment data forms are included in Appendix A (JD Package). Motes Creek Bank Site Mitigation Plan page 3 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Mitigation activities include Stream Restoration, Stream Enhancement (Level I and II), Wetland Restoration, and Wetland Enhancement. Tables 3A and 313 summarize the NC SAM and NC WAM metrics targeted and the corresponding mitigation activities proposed to provide functional uplift. Metrics targeted to meet the Site's goals and objectives are depicted in bold in. Table 3A. Motes Creek Bank Site NC SAM Summary NC SAM Function Class Rating Summary Motes Creek UT1 (EI) UT2 UT3 (EII) (1) HYDROLOGY LOW HIGH LOW MEDIUM (2) Baseflow HIGH MEDIUM HIGH MEDIUM (2) Flood Flow LOW HIGH LOW MEDIUM (3) Streamside Area Attenuation LOW MEDIUM LOW LOW (4) Floodplain Access MEDIUM MEDIUM LOW LOW (4) Wooded Riparian Buffer LOW MEDIUM LOW HIGH (4) Microtopography LOW LOW LOW LOW (3) Stream Stability LOW HIGH LOW HIGH (4) Channel Stability LOW HIGH LOW HIGH (4) Sediment Transport MEDIUM LOW MEDIUM MEDIUM (4) Stream Geomorophology MEDIUM HIGH LOW HIGH (1) WATER QUALITY LOW MEDIUM LOW LOW (2) Baseflow HIGH MEDIUM HIGH MEDIUM (2) Stream -side Area Vegetation LOW LOW LOW LOW (3) Upland Pollutant Filtration LOW LOW LOW LOW (3) Thermoregulation LOW MEDIUM MEDIUM MEDIUM (2) Indicators of Stressors YES NO YES YES (2) Aquatic Life tolerance MEDIUM MEDIUM MEDIUM MEDIUM (1) HABITAT LOW HIGH LOW HIGH (2) In -stream Habitat LOW MEDIUM MEDIUM HIGH (3) Baseflow HIGH MEDIUM HIGH MEDIUM (3) Substrate MEDIUM LOW MEDIUM MEDIUM (3) Stream Stability LOW HIGH LOW HIGH (3) In -Stream Habitat LOW HIGH MEDIUM HIGH (2) Stream -side Habitat LOW HIGH LOW HIGH (3) Stream -side Habitat LOW MEDIUM LOW MEDIUM (3) Thermoregulation LOW HIGH MEDIUM HIGH OVERALL LOW HIGH LOW MEDIUM (Remainder of page intentionally left blank) Motes Creek Bank Site Mitigation Plan page 4 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 3B. Motes Creek Bank Site NC WAM Summary NC WAM Sub -function Rating Summary Motes Creek UTl UT2 Wetland Type BHF HF HF Wetland ID PA SA SB, SG, SH (1) HYDROLOGY LOW MEDIUM LOW (2) Surface Storage & Retention LOW LOW LOW (2) Sub -surface Storage and Retention LOW HIGH LOW (1) WATER QUALITY MEDIUM LOW LOW (2) Pathogen change MEDIUM MEDIUM LOW (2) Particulate Change LOW MEDIUM LOW (2) Soluble change MEDIUM LOW LOW (2) Physical Change MEDIUM LOW LOW (1) HABITAT LOW LOVA' LOW (2) Physical Structure LOW LOW LOW (2) Landscape Patch Structure LOW LOW LOW (2) Vegetative Composition LOW LOW LOW OVERALL LOW LOW LOW Wetland Type - BHF (Bottomland Hardwood Forest), HF (Hardwood Forest) Wetland ID - See JD mapping for locations of Wetlands (Remainder ofpage intentionally left blank) Motes Creek Bank Site Mitigation Plan page S Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 3C. Functional Goals/Objectives and Corres ondin Miti ation Work Plan Components Functional Goals/Objectives Mitigation Work Plan Component (1) HYDROLOGY (2) Flood Flow (Floodplain Access) Construct stable channel with cobble/gravel substrate, (3) Streamside Area Attenuation Construct new channel at historic floodplain elevation (4) Floodplain Access to restore overbank flows (4) Wooded Riparian Buffer Planting woody riparian buffer (4) Microtopography Deep rip floodplain soils to reduce compaction and (2) Physical Structure increase soil surface roughness (3) Stream Stability Construct proper channel width and depth, stabilize (2) Landscape Patch Structure channel banks, provide gravel/cobble substrate, plant (4) Channel Stability woody riparian buffer, remove cattle (2) Vegetative Composition Construct new channel at historic floodplain elevation (2) Surface Storage and Retention restoring overbank flows, remove cattle, scarify compacted soils, plant woody riparian buffer (2) Subsurface Storage and Retention Remove cattle, rip compacted soils, plant woody riparian buffer (1) WATER QUALITY (2) Streamside Area Vegetation (3) Upland Pollutant Filtration Plant woody riparian buffer (2) Indicators of Stressors Remove cattle and other agricultural inputs (2) Particulate Change Raise stream bed elevation, restore overbank flows, plant woody riparian buffer, remove cattle, increase (2) Soluble Change surface storage and retention, restore frequency and (2) Physical Change duration of inundation (1) HABITAT (2) In -stream Habitat Construct stable channel with cobble/gravel substrate, plant woody riparian buffer (3) Stream Stability Plant woody riparian buffer (2) Stream -side Habitat (2) Physical Structure Construct stable channel with cobble/gravel substrate, plant woody riparian buffer (2) Landscape Patch Structure Plant woody riparian corridors for wildlife passage within agricultural areas (2) Vegetative Composition Plant wood riparian buffer (Remainder ofpage intentionally left blank) Motes Creek Bank Site Mitigation Plan page 6 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Site mitigation activities, anticipated final stream lengths, wetland areas, and applicable mitigation ratios are depicted in Table 3D. Table 31). Mitigation Activities and Credit Potential Anticipated Lengths and Areas Credit Potential Streams Non-credit Wetlands Mitigation Mitigation Activity (linear feet) Generating (acres) Ratio SMUs W Formatted Table Stream Restoration 4,879 1:1 4,727 Deleted: 150 --------------- Stream Enhancement I 689 1.5:1 459 Stream Enhancement II 397 2.5:1 159 Wetland Restoration 0.7 1:1 0.7 Wetland Enhancement 0.44 2:1 0.22 Totals 5,965 1.14 5,345 0.92 3.0 WATERSHED APPROACH 3.1 SITE SELECTION The Cape Fear River basin is one of four rivers in North Carolina completely contained within the state's boundaries. Comprised of five major drainages—Haw River, Deep River, Northeast Cape Fear River, Black River, and the Cape Fear River—the basin drains portions of 26 counties and 115 municipalities with a total of 6,386 stream miles. The most populated portions of the basin are located in the Triad, the Triangle, Fayetteville, and Wilmington (NCDWQ 2005). Primary considerations for Site selection included the potential for improvement of water quality within a region of North Carolina under heavy development and livestock/agricultural pressure. More specifically, considerations included: desired aquatic resource functions; hydrologic conditions; soil characteristics; aquatic habitat diversity; habitat connectivity; compatibility with adjacent land uses; reasonably foreseeable effects the mitigation project will have on ecologically important aquatic and terrestrial resources; and potential development trends and land use changes. Site specific characteristics are summarized below, in addition to development trends and land use changes within the Cape Fear 02 watershed. Currently, the proposed Site is characterized by disturbed forest and agricultural land used for livestock grazing and hay production. A summary of existing site characteristics in favor of proposed stream and wetland activities include the following. • Streams and wetlands are accessible to livestock • Stream banks are trampled by livestock • Streams and wetlands have been cleared of forest vegetation • Streams have been straightened Motes Creek Bank Site Mitigation Plan page 7 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC • Site receives nonpoint source inputs including agricultural chemicals and livestock waste • Stream substrate has been manually removed • Wetland soils have been compacted by livestock and agricultural equipment • Wetland hydrology has been removed by stream channel entrenchment, ditching, and fill with spoil castings • Streams are classified as nutrient sensitive waters In addition to the opportunity for ecological improvements at the Site, the use of the particular mitigation activities and methods proposed in the Mitigation Work Plan (Section 10.0) are expected to produce naturalized stream and wetland resources that will be ecologically self- sustaining, requiring minimal long-term management (see the Long-term Management Plan in Section 13.0). Development Trends and Land Use Changes in Cape Fear 02 Between the 2000 and 2010 censuses, the Cape Fear 02 population increased approximately 17 percent (Table 4). The general trend of population growth appears to be continuing according to recent population estimates, which indicate Guilford, Orange, Chatham, and Durham counties are all growing at faster annual rates than North Carolina's 1.02 percent (USCB 2013). These data suggest land development activities will increase in frequency, as will aquatic ecosystem impacts related to such development. Therefore, there is an immediate and prolonged need for compensatory stream mitigation in the watershed. Of further benefit, aquatic ecosystem restoration projects are capable of reducing nutrient loading in sensitive downstream receiving waters such as Jordan Lake. Table 4. Population Growth in Cape Fear 02 Municipality 2000 Population 2010 Population Percent Increase Greensboro 223,891 269,666 20 Burlington 44,917 49,963 11 Chapel Hill 48,715 57,233 17 Durham* 187,035 228,330 22 Rest of Guilford County 421,048 488,406 11 Rest of Alamance County 130,800 151,131 18 Rest of Orange County 118,227 133,801 10 Chatham County 49,329 63,505 29 Rest of Durham County* 223,314 267,587 8 Totals 942,718 1,104,430 17 *Some portions of Durham (city) and Durham County are located in the Neuse River basin. located in the Cape Fear 02; the majority of these areas are Motes Creek Bank Site Mitigation Plan page 8 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC The Site is located within the Cape Fear 02 RUC 03030002 (subbasin 03-06-04). According to the Cape Fear River Basinwide Water Quality Plan (NCDWQ 2005), all land uses and discharges of wastewater and stormwater in subbasin 03-06-04 potentially contribute nutrients to B. Everett Jordan Lake. B. Everett Jordan Lake provides low -flow augmentation, flood control, recreation, fish and wildlife habitat, and water supply. The lake is impaired for aquatic life due to excessive levels of chlorophyll a in violation of current standards in all segments of the reservoir. In addition, the Site has a supplemental water quality classification of Nutrient Sensitive Waters, which include areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The proposed mitigation activities will reduce sediment and nutrient levels, and improve water quality within the Site and downstream watersheds. Table 5 summarizes the water quality stressors and usage ratings for the Site's receiving waters.. Table 5. Watershed Stressors and Usage Ratings Site Subbasin Index # Receiving Water NCDWR Rating 303(d) status* Motes Creek 03-06-04 16-25 Newland Cr C, NSW NL -Final 2012 303(d) status; NL = Not Listed 4.0 SITE PROTECTION The Site is currently owned by Mr. Tommy Dodson of Alamance County. The Sponsor possesses an option agreement with Mr. Dodson to record conservation easements over portions of his property. Following approval of the Site by the USACE and the IRT, the Sponsor will record conservation easements over approximately 19 -acres of Mr. Dodson's property substantially in the form and location provided in Appendix B, protecting the Site in perpetuity.. The North Carolina Wildlife Habitat Foundation will hold permanent conservation easements and requisite access easements. The conservation easements will contain a provision requiring a 60 -day advanced notification to the USACE before any action is taken to void or modify the conservation easements, including transfer of title or establishment of any other legal claims over the Site. 5.0 REFERENCE STUDIES Six reference reaches were identified for the Site: 1) Cedarock Park, 2) Causey Farm, 3) Lamm Property, 4) Cripple Creek, 5) Flint Rock Farm, and 6) Caswell Game Lands. Causey Farm and Cripple Creek reference sites were measured during detailed restoration planning for mitigation banks developed in 2004 and 2009, respectively. Both mitigation banks were successful projects through five years of monitoring with no issues. The Lamm Property Reference Site did not have detailed measurements taken for pattern variables; however, cross-sectional data for bankfull calculations were utilized to determine suitable design cross-section area. The streams were measured and classified by stream type (Rosgen 1996). The location of each reference site is depicted on Figure 1. 5.1 CHANNEL CLASSIFICATION Reference reach data is presented in Table C -Reference (Appendix C). The reference reaches are characterized as E- and C-type stream channels. Sinuosity ranges from 1.14 at the Caswell Game Land to 1.46 at the Causey Farm Site; Causey Farm had slightly higher sinuosity, due to a lower valley slope, with a sand -dominated substrate. E- and C-type streams are characterized as slightly entrenched, riffle -pool channels exhibiting high sinuosity (1.3 to greater than 1.5); however, Motes Creek Bank Site Mitigation Plan page 9 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC reference streams in the region typically are characterized by sinuosity values slightly lower than 1.3. These streams typically exhibit a sequence of riffles and pools associated with a sinuous flow pattern. In North Carolina, these streams often occur in narrow to wide valleys with well- developed alluvial floodplains (Valley Type VIII). These channels are typically considered stable; however, these streams are sensitive to upstream drainage basin changes and/or channel disturbance, and may rapidly convert to other stream types. Dimension: Bankfull cross-sectional data at each reference site has been determined using infield features of bankfull such as benches, lateral roots, and other morphological features. Once bankfull cross-sectional area was determined, the value was compared to cross-sectional areas predicted by Piedmont regional curves (Harman et al. 1999) to determine if the channel matches the curves for use in Site design. Bankfull cross-sectional area of each reference site as compared to regional curve predictions of bankfull cross-sectional area are detailed in Table 6. Table 6. Reference Bankfull Cross -Sectional Area Site Measured Area Predicted Area Percent of Regional Curves Cedarock Park 8.1 7.46 109% Causey Farm 14.7 15.7 94% Cripple Creek 5.9 6.47 91% Lamm Site 9.4 9.5 99% Flintrock Ffarm 6.1 12.0 50% Caswell Gameland 17.6 16.0 110% Data indicate that reference sites generally match regional curves. With the exception of Flintrock Farm, the sites appear to be within 10% of the bankfull cross-sectional area predicted by the curves. Flintrock Farm may not be a suitable reference site for determination of cross-sectional area; however, the channel is very stable and was useful in determination of pattern and slope ratios for design calculation. Of the six reference sites measured, four are smaller in cross-sectional area than the regional curves. Pattern and Profile: Profile measurements of reference reaches range in sinuosity from 1.14 to 1.46, with the majority of the reference sites exhibiting a sinuosity around 1.2 (thalweg distance/straight-line distance). Reference sinuosity values appear typical for the Piedmont of North Carolina and result in pool -to -pool spacing and meander lengths that are suitable for design of Site streams. Reference valley slopes range from 0.006 to 0.0310, providing a good range of slopes to compare existing and proposed Site conditions. Site valley slopes range from 0.0085 to 0.0182, which matches well with measured reference streams. Profile variables such as riffle slope, pool slope, run slope, and glide slope, which have been destroyed in the Sites streams due to land use activities, have been measured in the reference sites and will be used for design channel construction. Motes Creek Bank Site Mitigation Plan page 10 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Substrate: Reference channels are characterized by substrate dominated by cobble, gravel, and sand sized particles. 5.2 REFERENCE FOREST ECOSYSTEM A Reference Forest Ecosystem (RFE) is a forested area on which to model restoration efforts at the Sites in relation to soils and vegetation. RFEs should be ecologically stable climax communities and should be a representative model of the Site forested ecosystem as it likely existed prior to human disturbances. Data describing plant community composition and structure were collected at the RFEs and subsequently applied as reference data in an attempt to emulate a natural climax community. Reference vegetative communities for the Site are located on an unnamed tributary to Boyds Creek in central Alamance County. Tree and shrub species identified in this area are listed in Table 7 and were utilized, in addition to other relevant species, to supplement community descriptions for Piedmont Low Mountain Alluvial Forest and Dry-Mesic Oak -Hickory Forest (Schafale & Weakley 1990). Table 7. Reference Forest Piedmont Alluvial Forest Dry-Mesic Oak -Hickory Forest (Floodplains and Slopes) (Upland Side Slopes) Canopy Species Understory Species Canopy Species Understory Species Acer rubrum Acer rubrum Acer rubrum Acer rubrum Liquidambar styracii lua Betula nigra Carya alba/tomentosa Carpinus caroliniana Liriodendrum tulipifera Carpinus caroliniana Liriodendron tulipifera Diospyros virginiana Pinus taeda Liriodendron tulipifera Pinus taeda Ilex opaca Platanus occidentalis Pinus virginiana Juniperus virginiana Quercus phellos Quercus alba Pinus taeda Quercus shumardii Quercus falcata Reference vegetation was dominated by red maple (Acer rubrum), tuliptree (Liriodendrum tulipifera), sycamore (Platanus occidentalis), and various oak species including willow oak (Quercus phellos), southern red oak (Quercus falcata), and white oak (Quercus alba). Other species identified were large loblolly pine (Pinus taeda) and Virginia pine (Pinus virginiana), as well as river birch (Betula nigra) and iron wood (Carpinus caroliniana). 6.0 BASELINE INFORMATION Baseline information for the Site presented here includes information on physiography, topography, and land use; water quality; vegetation; soils; jurisdictional streams and wetlands; stream characteristics; channel classification and morphology; and discharge. Valley Classification The Site is located within valleys characterized as Valley Type VIII. This type of valley is identified by the presence of multiple river terraces positioned laterally along broad valleys with gentle, down -valley elevation relief Alluvial terraces and floodplains are the predominant Motes Creek Bank Site Mitigation Plan page 11 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC depositional landforms, which produce a high sediment supply. Typical streams include C- and E -types with slightly entrenched, meandering channels with a riffle -pool sequence. Channel Evolution Nearly all of the Sites' streams are characterized by G -type (gully) channels, F -type (widened gully), or incised E- or C-type (riffle pool) channels. In North Carolina a typical evolutionary trend in streams includes bed and bank erosion that leads to channel downcutting and morphology changing from a stable E- or C-type channel into a G -type (gully) channel. Continued erosion eventually results in lateral extension of the G -type channel into an F -type (widened gully) channel. The F -type channel will continue to widen laterally until the channel is wide enough to support a stable C-type or E -type channel at a lower elevation so that the original floodplain is no longer subject to regular flooding. Water Quality The Site is located within the Cape River Basin in 14 -digit United States Geological Service (USGS) Cataloging Units 03030002050040 of the South Atlantic/Gulf Region in NCDWQ Subbasin Number 03-06-04. Site streams receive a NCDWQ Best Usage Classification (NCDWQ 2005) and (NCDWR 2015) of C, NSW. NCDWR Rating Streams with a C designation are protected for uses such as aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation includes wading, boating, and other uses not involving human body contact with waters on an organized or frequent basis. The NSW designation denotes nutrient sensitive waters, which include areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The North Carolina Division of Water Resources (NCDWR), formerly known as the North Carolina Division of Water Quality (NCDWQ), has assembled a list of impaired waterbodies according to the Clean Water Act Section 303(d) and 40 CFR 130.7, which is a comprehensive public accounting of all impaired waterbodies. An impaired waterbody is one that does not meet water quality standards including designated uses, numeric and narrative criteria, and anti - degradation requirements defined in 40 CFR 131. Site streams are not listed on the final 2012 or final 2014 303(d) lists (NCDWQ 2012, NCDWR 2014). 6.1 EXISTING CONDITIONS 6.1.1 Physiography, Topography, and Land Use The Site is located in the Carolina Slate Belt portion of the Piedmont ecoregion of North Carolina. Regional physiography is characterized by dissected, irregular plains with moderate to steep slopes and low to moderate gradient streams over boulder and cobble -dominated substrate (Griffith et at. 2002). Onsite elevations range from a high of 600 -feet National Geodetic Vertical Datum (NGVD) Motes Creek Bank Site Mitigation Plan page 12 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC at the upper reaches of UT 1 to a low of approximately 568 -feet NGVD at the Site outfall (USGS Saxapahaw, North Carolina 7.5 -minute topographic quadrangle) (Figure 4). The Site provides water quality functions to an approximately 0.71 -square mile (455 acre) watershed at the outfall (Figure 4). The watershed is dominated by pasture, agricultural land, forest, and sparse residential property. Impervious surfaces account for less than 5 percent of the upstream watershed land surface. Surrounding area land use is primarily agricultural, with some low-density residential housing. Onsite land use is characterized by disturbed forest, hay fields, and livestock pasture. Riparian zones and wetland areas are primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular maintenance activities. 6.1.2 Vegetation The Site is characterized primarily by agricultural land, including pasture and hay fields, and some areas of disturbed forest. Fields are dominated by fescue (Festuca sp.) with sparse natural recruits including dog fennel (Eupatorium capillifolium), clover (Trifolium sp.), cocklebur (Xanthium strumarium), in addition to other opportunistic herbaceous species. Wet pockets located within pasture land are dominated by rushes (Juncus spp.) and sedges (Carex spp.). Disturbed riparian areas are characterized primarily by eastern red cedar (Juniperus virginiana) and sweetgum (Liquidambar styraciflua), with scattered Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), Virginia pine (Pinus virginiana), persimmon (Diospyros virginiana), dog fennel, and broomsedge (Andropogon sp.). 6.1.3 Soils and Land Form Based on web soil survey mapping (MRCS 2014), the Site contains five soil series: Chewacla fine sandy loam (Fluvaquentic Dystrudepts), Efland silt loam (Typic Hapludults), Herndon silt loam (Typic Kanhapludulls), Local Alluvial Land, and Orange silt loam (Albaquic Hapludalfs). Site soils are depicted on Figure 5 and described in Table 8. (Remainder ofpage intentionally left blank) Motes Creek Bank Site Mitigation Plan page 13 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 8. Motes Creek Soils Map Unit Map Unit Hydric Description Symbol Name Status* Non -hydric, This series consists of nearly level, somewhat poorly Cd Chewacla fine may contain drained soils on floodplains that are frequently flooded. sandy loam hydric The seasonal high water table occurs at a depth of 0.5-2.0 inclusions feet. This series consists of well -drained soils found along slopes. Efland silt Slopes range from 2-6 percent for EaB2 soils and 6-10 EaB2, EaC2 loam Non -hydric percent for EaC2 soils. This soil is thin and can be associated with large rock outcrops. It is derived from parent material of the Carolina slate belt. This series consists of well -drained soils found on steep Herndon silt slopes and uplands. Slopes range from 10-15 percent. This HdD loam Non -hydric soil series is derived from parent material of the Carolina slate belt. This series consists of nearly level, poorly drained soils Local Alluvial adjacent to streams and sloughs. They are developed from Lc Land, Poorly Hydric alluvial sediments washed from adjacent uplands. The soil Drained is not consistent in sequence, development, or arrangement of layers. This series consists of moderately well drained soils on Orange silt smooth uplands near or on the top of slopes. Slopes range ObC2 loam Non -hydric from 2-6 percent slopes. They are developed from igneous and metamorphic parent materials. This series has poor runoff and slow internal drainage. *NRCS 2012 6.1.4 Jurisdictional Streams and Wetlands The main hydrologic features of the Site include Motes Creek, unnamed tributaries to Motes Creek, and associated riparian wetlands and floodplains. Motes Creek drains an approximately 0.47 -square mile watershed at the outfall (Figure 4). Motes Creek is a second -order bank -to -bank stream system. UT 1, UT 3, and the upstream reach of UT 2 are first order, bank -to -bank streams with drainage areas ranging between 0.09- to 0.14 -square miles of watershed. Once the upper reaches of UT 2 and UT 3 converge, the lower reaches of UT 2 become a second order stream draining an approximately 0.24 -square mile watershed. Perennial streams within the Site may be generally characterized as riverine, upper perennial with unconsolidated bottoms consisting of sand (R3UB2). Streams located at the Site are fully exposed to partially shaded by a mixture of mature riparian vegetation, and exhibit entrenchment and bank failure due to livestock and agriculture practices located within the watershed. The Site encompasses approximately 4,864 linear feet of existing stream channels proposed for mitigation (Table 9 and Figure 5). (Remainder ofpage intentionally left blank) Motes Creek Bank Site Mitigation Plan page 14 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 9. Existing Stream Characteristics Stream Reach Approx. Length (linear feet) USGS Stream Order USGS Stream Classification In -Field Stream Classification Motes Creek 1,905 2nd Intermittent Perennial UTI 402 1St Intermittent Perennial UT2 2,075 l8e/2"d Intermittent Perennial UT3 482 Unmapped Unmapped Perennial Total 4,864 *Note: Perennial and Intermittent stream calls have not been aooroved by the NC Division of Water Resources and Hydrologic status is for descriptive purposes onl Jurisdictional wetlands are defined by the presence of three criteria: hydrophytic vegetation, hydric soils, and evidence of wetland hydrology during the growing season (Environmental Laboratory 1987). Portions of the Site supporting jurisdictional wetlands may originally have been characterized by palustrine, forested wetlands which were seasonally flooded. However, livestock trampling, deforestation, groundwater drawdown (from stream channel incision), floodplain ditching, and excavation of the floodplain have impacted on-site wetland areas. Approximately 1. 14 acres of the Site area is currently underlain by hydric soils, which have been impacted by stream channel entrenchment, ditching, casting of spoil, compaction due to hoof shear and agricultural equipment, and removal of native, woody vegetation (Figure 5). Floodplain manipulations associated with stream channel straightening, deforestation, compaction from livestock, and placement of spoil castings in wetland areas, have effectively removed, or impacted groundwater hydrology and/or vegetation in these areas. In order to accurately calculate baseline wetland areas, a jurisdictional wetland delineation was completed in April 2015 and verbally approved by United States Army Corps of Engineers (USACE) representative Dave Bailey during a field meeting on July 24, 2015. Portions of the Site supporting jurisdictional wetlands are characterized by semi -permanently flooded, palustrine wetlands underlain by hydric soils that are dark (low chroma) in color and are striated with lenses of coarse materials deposited in a fluvial environment. Vegetative communities within wetlands proposed for enhancement are composed of a single stratum of herbaceous vegetation due to livestock grazing and routine maintenance. Groundwater springs and surface runoff contribute hydrology to these areas, although historically the wetlands may have additionally had a hydrological influence of overbank flooding. Hydric soils have been mapped by the Natural Resource Conservation Service (MRCS) as Chewacla (Cd), or Local Alluvial Land, Poorly Drained (Lc). According to the Cowardin classification (Cowardin et al. 1979), jurisdictional wetlands located within the Site may be generally classified as palustrine, persistent emergent, wetlands that are saturated, semipermanent, or seasonally flooded (PEM1Y). Motes Creek Bank Site Mitigation Plan page 15 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 6.1.5 Stream Characteristics Site stream dimension, pattern, and profile were measured to characterize existing channel conditions. Locations of existing stream reaches are depicted in Figure 5 and cross-section locations are depicted in Figure C 1 (Appendix Q. Stream geometry measurements under existing conditions are summarized in Table C1 Morphological Stream Characteristics (Appendix Q. Preliminary estimates of stable stream attributes are based primarily upon measurements of four reference reaches and regional curves discussed further in Section 5.0. 6.1.6 Channel Classification and Morphology Stream geometry and substrate data have been evaluated to classify existing stream conditions based on a classification utilizing fluvial geomorphic principles (Rosgen 1996). This classification stratifies streams into comparable groups based on pattern, dimension, profile, and substrate characteristics. Primary components of the classification include degree of entrenchment, width - depth ratio, sinuosity, channel slope, and stream substrate composition. Existing Site reaches are classified as unstable Cg -type, Eg-type, Cf -type, and F -type streams with little to no sinuosity. Existing reaches are characterized by sand substrate as the result of channel impacts including livestock trampling, channel straightening, and riparian vegetation removal, in addition to manual removal of substrate by the landowner. 6.1.7 Discharge This hydrophysiographic region is characterized by moderate rainfall with precipitation averaging approximately 40 to 50 inches per year (USDA 1960). Drainage basin sizes range from 0.09 - square mile for UT3 to 0.47 -square mile at the Site outfall. The Site's discharge is dominated by a combination of upstream basin catchment, groundwater flow, and precipitation. Based on regional curves (Harman et al. 1999), the bankfull discharge for a 0.09 -square mile watershed and a 0.47 -square mile watershed is expected to average 15.7 -cubic feet per second (cfs) and 51.5-cfs, respectively. Bankfull discharge is expected to occur on average every 1.3 to 1.5 -years. 7.0 CHANNEL STABILITY ASSESSMENT 7.1 STREAM POWER Stability of a stream refers to its ability to adjust itself to inflowing water and sediment load. One form of instability occurs when a stream is unable to transport its sediment load, leading to aggradation, or deposition of sediment onto the streambed. Conversely, when the ability of the stream to transport sediment exceeds the availability of sediments entering a reach, and/or stability thresholds for materials forming the channel boundary are exceeded, erosion or degradation occurs. Stream power is the measure of a stream's capacity to move sediment over time. Stream power can be used to evaluate the longitudinal profile, channel pattern, bed form, and sediment transport Motes Creek Bank Site Mitigation Plan page 16 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC of streams. Stream power may be measured over a stream reach (total stream power) or per unit of channel bed area. The total stream power equation is defined as: S2 = pgQs where S2 = total stream power (ft-lb/s-ft), p = density of water (lb/ft3), g = gravitational acceleration (ft/s2), Q = discharge (ft3/sec), and s = energy slope (ft/ft). The specific weight of water (7 = 62.4 lb/ft3) is equal to the product of water density and gravitational acceleration, pg. A general evaluation of power for a particular reach can be calculated using bankfull discharge and water surface slope for the reach. As slopes become steeper and/or velocities increase, stream power increases and more energy is available for reworking channel materials. Straightening and clearing channels increases slope and velocity and thus stream power. Alterations to the stream channel may conversely decrease stream power. In particular, over -widening of a channel will dissipate energy of flow over a larger area. This process will decrease stream power, allowing sediment to fall out of the water column, possibly leading to aggradation of the streambed. The relationship between a channel and its floodplain is also important in determining stream power. Streams that remain within their banks at high flows tend to have higher stream power and relatively coarser bed materials. In comparison, streams that flood over their banks onto adjacent floodplains have lower stream power, transport finer sediments, and are more stable. Stream power assessments can be useful in evaluating sediment discharge within a stream and the deposition or erosion of sediments from the streambed. 7.2 SHEAR STRESS Shear stress, expressed as force per unit area, is a measure of the frictional force that flowing water exerts on a streambed. Shear stress and sediment entrainment are affected by sediment supply (size and amount), energy distribution within the channel, and frictional resistance of the streambed and bank on water within the channel. These variables ultimately determine the ability of a stream to efficiently transport bedload and suspended sediment. For flow that is steady and uniform, the average boundary shear stress exerted by water on the bed is defined as follows: T=yRs where T = shear stress (lb/ft2), r = specific weight of water, R = hydraulic radius (ft), and s = the energy slope (ft/ft). Shear stress calculated in this way is a spatial average and does not necessarily provide a good estimate of bed shear at any particular point. Adjustments to account for local variability and instantaneous values higher than the mean value can be applied based on channel form and irregularity. For a straight channel, the maximum shear stress can be assumed from the following equation: Tmax = 1.5T for sinuous channels, the maximum shear stress can be determined as a function of plan form characteristics: Tmax = 2.65T(Rc /Wbkf)-0.5 Motes Creek Bank Site Mitigation Plan page 17 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC where Re = radius of curvature (ft) and Wbkf = bankfull width (ft). Shear stress represents a difficult variable to predict due to variability of channel slope, dimension, and pattern. Typically, as valley slope decreases channel depth and sinuosity increase to maintain adequate shear stress values for bedload transport. Channels that have higher shear stress values than required for bedload transport will scour bed and bank materials, resulting in channel degradation. Channels with lower shear stress values than needed for bedload transport will deposit sediment, resulting in channel aggradation. The actual amount of work accomplished by a stream per unit of bed area depends on the available power divided by the resistance offered by the channel sediments, planform, and vegetation. The stream power equation can thus be written as follows: w = pgQs = iv where w = stream power per unit of bed area (N/ft-sec, Joules/sec/ft2), i = shear stress, and v = average velocity (ft/sec). Similarly, w = Q/Wbkf where Wbkf = width of stream at bankfull (ft). 7.3 STREAM POWER AND SHEAR STRESS METHODS AND RESULTS Channel degradation or aggradation occurs when hydraulic forces exceed or do not approach the resisting forces in the channel. The amount of degradation or aggradation is a function of relative magnitude of these forces over time. The interaction of flow within the boundary of open channels is only imperfectly understood. Adequate analytical expressions describing this interaction have yet to be developed for conditions in natural channels. Thus, means of characterizing these processes rely heavily upon empirical formulas. Traditional approaches for characterizing stability can be placed in one of two categories: 1) maximum permissible velocity and 2) tractive force, or stream power and shear stress. The former is advantageous in that velocity can be measured directly. Shear stress and stream power cannot be measured directly and must be computed from various flow parameters. However, stream power and shear stress are generally better measures of fluid force on the channel boundary than velocity. Using these equations, stream power and shear stress were estimated for 1) existing dredged and straightened reaches, 2) the reference reaches, and 3) proposed Site conditions. Important input values and output results (including stream power, shear stress, and per unit shear power and shear stress) are presented in Table 10. Average stream velocity and discharge values were calculated for the existing stream reaches, reference reaches, and proposed conditions. In order to maintain sediment transport functions of a stable stream system, the proposed channel should exhibit stream power and shear stress values so the channel is neither aggrading nor degrading. Deleted: Motes Creek Bank Site Mitigation Plan page 18 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 10. Stream Power (S2) and Shear Stress (t) Values Water Total Shear Discharge surface Stream Hydraulic Velocity Reference Site a /s) Slope Power 52/W Radius Stress i v imax (ft (T) (v) (ft/ft) (0) Existing Conditions UT 1 19.9 0.0172 21.36 2.81 2.68 2.87 0.83 2.37 N/A UT 2 Upstream 18.1 0.0154 17.39 2.42 4.13 3.97 0.51 2.02 N/A UT 2 Downstream 29.7 0.0128 23.72 2.52 2.55 2.03 1.06 2.16 N/A UT 3 14.6 0.0149 13.57 2.83 1.52 1.41 1.60 2.26 N/A Motes Upstream 35.5 0.0146 32.34 2.07 4.77 4.34 0.43 1.88 N/A Motes Downstream 47.9 0.0065 19.43 1.55 2.37 0.96 1.40 1.34 N/A Reference Conditions Cedarock 28.8 0.0258 46.37 5.72 0.82 1.33 3.60 4.78 6.67 Causey Farm 60.6 0.0053 20.04 1.82 1.07 0.35 4.12 1.45 2.10 Proposed Conditions UT 1 19.9 0.0144 17.88 2.18 0.56 0.51 3.75 1.90 3.53 UT 2 Upstream 18.1 0.0144 16.26 1.98 0.51 0.46 3.77 1.73 3.15 UT 2 Downstream 29.7 0.0108 20.02 1.94 0.65 0.44 3.91 1.71 2.98 UT 3 14.6 0.0144 13.12 1.60 0.41 0.37 3.74 1.40 2.46 Motes Upstream 35.5 0.0119 26.36 2.35 0.70 0.52 3.94 2.06 3.66 Motes Downstream 47.9 0.0068 20.32 1.58 0.81 0.34 4.03 1.38 2.23 Results of the analysis indicate the proposed Site channel reaches are expected to maintain stream power as a function of width values (D/W) of approximately 1.58 to 2.35 and shear stress (i) values of approximately 0.34 to 0.52 (ranging between Cedarock and Causey Farms reference reaches). These ranges of stream power and sheer stress are expected to be stable, while transporting sediment through the Site. Stream power and shear stress values are higher for the existing stream reaches, than for proposed channels. Existing reaches are degrading as evidenced by bank erosion, channel incision, low width -depth ratios, and high bank -height ratios; degradation has resulted from a combination of water surface slopes that have been steepened, channel straightening, dredging, and channel incision. Stream power and shear stress values for the proposed channels should be lower than for existing channels to effectively transport sediment without eroding and downcutting, resulting in stable channel characteristics. Reference reach values for stream power and shear stress are comparable for the proposed channels. 7.4 BANKFULL VERIFICATION Discharge estimates for the Site utilized an assumed definition of "bankf ill" and return intervals associated with those bankfull discharges. For this design, the bankfull channel is defined as the channel dimensions conveying "channel forming" or "dominant" discharge (Gordon et al. 1992). Motes Creek Bank Site Mitigation Plan page 19 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Discharge estimates were calculated using three methods for comparison: Piedmont regional curves (Harman et al. 1999), the USGS regional regression equation for the Piedmont region (USGS 2006; see analysis in Appendix D), and field indicators of bankfull. Based on the analysis of methods to determine bankfull discharge, proposed conditions at the Site are based on bankfull indicators found on the reference reaches and most importantly on-site indicators of bankfull. Using this methodology, the designed channels will equal approximately 93 percent of the channel size indicated by Piedmont regional curves. Table 11 summarizes all methods analyzed for estimating bankfull discharge. Table 11. Reference Reach Bankfull Discharge Analvsis Watershed Area Return Interval Discharge Method (square miles) (years) (cfs) Cedarock Reference Reach Piedmont Regional Curves 0.2 1.3-1.5 28.8 (Harman et al. 1999) Peidmont Regional Regression Model 0.2 (USGS 2006) 1.3-1.5 27-36 Field Indicators of Bankfull 0.2 1.3-1.5 31.3 Causey Farm Reference Reach Piedmont Regional Curves 0.6 1.3-1.5 63.8 (Harman et al. 1999) Peidmont Regional Regression Model 0.6 1.3-1.5 63-85 (USGS 2006) Field Indicators of Bankfull 0.6 1.3-1.5 59.8 Cripple Creek Reference Reach Piedmont Regional Curves 0.17 1.3-I.5 24.8 (Harman et al. 1999) Peidmont Regional Regression Model 0.17 1.3-1.5 24-34 (USGS 2006) Field Indicators of Bankfull 0.17 1.3-1.5 22.6 Flint Rock Farm Reference Reach Piedmont Regional Curves 0.43 1.3-1.5 48.0 (Harman et al. 1999) Peidmont Regional Regression Model 0.43 (USGS 2006) 1.3-1.5 38-68 Field Indicators of Bankfull 0.43 1.3-1.5 24.4 Caswell Game Land Reference Reach Piedmont Regional Curves 0.65 1.3-1.5 65.0 (Harman et al. 1999) Peidmont Regional Regression Model 0.65 1.3-1.5 66-89 (USGS 2006) Field Indicators of Bankfull 0.65 1.3-1.5 71.7 Motes Creek Bank Site Mitigation Plan page 20 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 8.0 POTENTIAL CONSTRAINTS The presence of conditions or characteristics that have the potential to hinder restoration activities within the Site was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, and the potential for hydrologic trespass. Existing information regarding constraints was acquired and reviewed. In addition, any Site condition with the potential to restrict the proposed restoration design and implementation was documented during field investigations. No constraints that may hinder restoration activities have been identified at the Site. 8.1 SITE ACCESS The Site is to be accessed from Mt Willen Road (SR 2142). Project access is to be obtained by a 30 foot permanent access easement obtained and recorded along with the CE in Alamance County. 8.2 UTILITIES Utility crossings do not occur at the Site; therefore, it is not considered a constraint. 8.3 FEMA/HYDROLOGIC TRESPASS FEMA mapping was reviewed to determine if the Site is located in a FEMA study area (DFIRM panel number 9811). Based on existing floodplain mapping, the Site is not located in a Special Flood Hazard Area and the project should not alter FEMA flood zones. Therefore, a "Conditional Letter of Map Revision" (CLOMR) is not expected for this project. Surface drainage on the Site and surrounding areas were analyzed to predict the feasibility of manipulating existing surface drainage patterns without adverse effects to the Site or adjacent properties. The following presents a summary of hydrologic and hydraulic analyses. The purpose of the analysis is to predict flood extents for storms under existing and proposed conditions after stream and wetland restoration activities have been implemented. Watersheds and land use estimations were measured from existing DEM (Digital Elevation Model) data and aerial photography. Field surveyed cross-sections and water surfaces were obtained along Site features. Valley cross-sections were obtained from both onsite cross-sections and detailed topographic mapping of 1 -foot contour intervals using the available DEM. Observations of existing hydraulic characteristics were compared to proposed hydraulic conditions and used to determine proposed channel grades and upper reaches and downstream outfalls. Using these data, channel slopes were calculated to avoid backwater conditions on adjacent landowners. 8.4 FEDERALLY PROTECTED SPECIES Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531 et seq.). 8.4.1 Alamance County No species are federally listed for Alamance County by the United States Fish and Wildlife Service (USFWS) (USFWS 2015). Motes Creek Bank Site Mitigation Plan page 21 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 8.5 STATE LISTED SPECIES In addition to E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may, or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no federal protection under the ESA for the species listed. The FSC species listed on the current USFWS list are presented in Table 12. Table 12. Federal Species of Concern Common Name Scientific Name County Potential Habitat* American eel Anguilla rostrata Alamance No Carolina darter Etheostoma collis lepidinion Alamance No Carolina creekshell Villosa vaughaniana Alamance Yes Yellow lampmussel Lampsilis cariosa Alamance Yes Buttercup phacelia Phacelia covillei Alamance No Sweet pinesap Monotropsis odorata Alamance No * Potential Habitat: Portions of the Site under review for potential habitat are limited to areas which are proposed for earth -moving activities including restoration reaches/areas. Habitat for these species is expected to be significantly improved by proposed mitigation activities. 9.0 CREDIT DETERMINATION AND RELEASE 9.1 CREDIT DETERMINATION Mitigation activities outlined in this report result in stream and wetland mitigation units as presented in Tables 13 and 14. (Remainder ofpage intentionally left blank) Motes Creek Bank Site Mitigation Plan page 22 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 13. Reach -by -Reach Credit Determination Summary 1.5:1 459.3 Stream Enhancement II 397 2.5:1 159 Stream Mitigation Final Mitigation Mitigation 152 1.14 5,345 0.92 Comment Reach Activity Length/Area Ratio Credits UT 1 Station 00+00 EI 259 1.5:1 173 to 02+59 Easement Break 3111 in tion UT 1 Station 02+59 1142-31 = Restoration 1:1 1,111 width is removed from to 1111 credit Easement Break 54 ft in Motes Creek Station 1927-54 = Restoration 1:1 1873 width is removed from 00+00 to 19+27 1873 credit UT 2 Station 00+00 EII 123 2.5:1 49.2 to 01+23 UT 2 Station 01+23 EI 430 1.5:1 286 to 05+53 Easement Break 67 ft in UT 2 Station 05+53 1518-67 = Restoration 1:1 1451 width is removed from to 20+71 1451 credit UT 3 Station 00+00 EII 274. 2.5:1 109.6 to 02+74 UT 3 Station 02+74 to Restoration 292 1:1 292 05+66 Table 14. Mitigation Activity and Credit Determination Summary Proposed Mitigation Credit Determination Proposed Mitigation Streams Non-credit Wetlands Mitigation .-------- Formatted Table • _.-.-...-. n._,..._ r,._n (lannratina i____..� n.....,, er,rn.. v�w,rrr-. Stream Enhancement I 689 1.5:1 459.3 Stream Enhancement II 397 2.5:1 159 Wetland Restoration 0.7 1:1 0.7 Wetland Enhancement 0.44 2:1 0.22 Totals 5,965 152 1.14 5,345 0.92 After completion, the Site will offer 5,345 SMUs and 0.92 WMUs as determined using the Bank's UMBI and the Stream Mitigation Guidelines (USACE et al 2003). Motes Creek Bank Site Mitigation Plan page 23 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 9.2 STREAM CREDIT RELEASE SCHEDULE The Site's stream credit release schedule is presented below in Table 15. The credit release schedule is based upon satisfactory completion of Site milestones. (Remainder ofpaae intentionally left blank) Motes Creek Bank Site Mitigation Plan page 24 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 15. Stream Credit Release Schedule Milestones Tasks Release (%) Credits 1) Approval of this Bank Site Mitigation Plan; 2) Delivery of financial assurances; Motes Creek 3) Issuance of §404 permit for Site work plan; 4) Recordation of conservation easements protecting the 15 802 Establishment Site, i , _ easement h. 5) Title opinion approved by the Corps. 1) Completion of earthwork, if required; Mitigation Plan 2) Completion of riparian plantings; 3) Construction of easement fencing suitable for 15 802 Implementation livestock exclusion, if required; 4) Approval of As -Built Survey by the Corps. 1) Channels are stable; Year I Monitoring 2) Interim Performance Standards met; 10 535 3) Approval of Monitoring Report by the Corps. 1) Channels are stable; Year 2 Monitoring 2) Interim Performance Standards met; 10 535 3) Approval of Monitoring Report by the Corps. 1) Two bankfull events occurring in separate years; Bankfull Events 2) Channels are stable; 5 267 3) Interim Performance Standards met. I ) Channels are stable; Year 3 Monitoring 2) Interim Performance Standards met; 10 535 3) Approval of Monitoring Report by the Corps. 1) Visual Assessment; Year 4 Monitoring 2) Interim Performance Standards met; 5 267 3) Approval of Monitoring Report by the Corps. 1) Four bankfull events occurring in separate years; Bankfull Events 2) Channels are stable; 5 267 3) Interim Performance Standards met. 1) Channels are stable; Year 5 Monitoring* 2) Interim Performance Standards met; 10 534 3) Approval of Monitoring Report by the Corps. 1) Visual Assessment; Year 6 Monitoring 2) Interim Performance Standards met; 5 267 3) Approval of Monitoring Report by the Corps. 1) Stream Performance Standards met; F------ - Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, Year 7 Monitoring 2) Vegetation Performance Standards met; 10 534 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + 3) Approval of Final Monitoring Report by the Corpse ------------------------------------------------ Indent at: 0.25" Deleted:. Totals 100 5,345 *If, following the conclusion of Year 5 of the monitoring period, the Site's performance standards have been met and there are no concerns regarding channel stability, or vegetation survivability and vigor, the Sponsor may propose the early termination of the monitoring period. Motes Creek Bank Site Mitigation Plan page 25 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 9.3 WETLAND CREDIT RELEASE SCHEDULE Given the low wetland credit potential of the Site, the Sponsor intends to withhold credit release requests until the end of the Wetland Monitoring Period, which is expected to be seven (7) years following the completion of Site construction. If the Sponsor at some point decides to request credit releases during the Site Wetland Monitoring Period, such credit release requests will be in accordance with the wetland credit release schedule presented below (Table 16). Table 16. Wetland Credit Release Schedule Milestones Tasks Release (%) 1) Approval of this Bank Site Mitigation Plan; 2) Delivery of financial assurances; 3) Issuance of §404 permit for the Site work plan; Site Establishment 4) Recordation of conservation casements protecting the 15 Site, i x10 pa"..._ r and long -tem, 5) Title opinion approved by the Corps. 1) Completion of earthwork, if required; Mitigation Plan 2) Completion of riparian plantings; 3) Construction of easement fencing suitable for 15 Implementation livestock exclusion, if required; 4) Approval of As -Built Survey by the Corps. 1) Interim Performance Standards met; Year 1 Monitoring 2) Approval of Monitoring Report by the Corps. 10 I ) Interim Performance Standards met; Year 2 Monitoring 2) Approval of Monitoring Report by the Corps. 10 1) Interim Performance Standards met; Year 3 Monitoring 2) Approval of Monitoring Report by the Corps. 10 1) Visual Assessment; Year 4 Monitoring 2) Interim Performance Standards met; 10 3) Approval of Monitoring Report by the Corps. Year 5 Monitoring* 1) Interim Performance Standards met; 10 2) Approval of Monitoring Report by the Corps. 1) Visual Assessment; Year 6 Monitoring 2) Interim Performance Standards met; 10 3) Approval of Monitoring Report by the Corps. Year 7 Monitoring** 1) Final Performance Standards met; 1 2) Approval of Monitoring Report by the Corps Totals 100 *Hydrologic monitoring may be discontinued after Year 5 if Hydrologic Performance Standards for years 1 — 5. have been met (Section 11.0) **Vegetation monitoring not required in Years 4 and 6. Motes Creek Bank Site Mitigation Plan page 26 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.0 MITIGATION WORK PLAN 10.1 RESTORATION PROJECT GOALS AND OBJECTIVES Based on the Cape Fear River Basin Restoration Priorities Report 2009 (NCEEP 2009), Watershed 03030002050040 is characterized by Nutrient Sensitive Waters. This project will meet overall goals of TLW's, as well as Local Watershed Plans (LWP's) including: 1) reduce sediment loading, 2) reduce nutrient loading, 3) manage stormwater runoff, 4) reduce toxic inputs, 5) provide and improve in -stream habitat, 6) provide and improve terrestrial habitat, 7) improve stream stability, and 8) improve hydrologic function. Stream mitigation activities include: Restoration, Enhancement (Level I), and Enhancement (Level II). Wetland mitigation activities include Restoration and Enhancement of riparian wetlands. Tables 2A -2C summarize the functional objectives and proposed actions. Collectively, mitigation activities and the protection of the Site's streams and wetlands with conservation easements will result in net gains in hydrology, water quality, and habitat functions in the Cape Fear 02 watershed. A summary of the mitigation activities and credit potential of those actions for the Site is provided below. Providing 5,345 SMUs by the following: o Restoring approximately 4,879 linear feet of perennial stream channels through construction of stable stream channels in the historic floodplain location and elevation; o Enhancing (level I) approximately 689 linear feet of stream channel by installing grade control structures, adjusting channel dimension, and planting of riparian buffers with native woody vegetation; and o Enhancing (level II) approximately 397 linear feet of stream channel by fencing livestock from the 50 -foot vegetated buffer, supplemental planting of riparian buffers with native woody vegetation, and controlling invasive species. Providing 0.92 WMUs by the following: o Restoring approximately 0.7 acres of riparian wetlands by reconstructing stream channels within the historic floodplain, removing livestock and row crop production, rehydrating floodplain soils, and planting with native woody vegetation; and o Enhancing approximately 0.44 acres of riparian wetlands by supplemental planting areas of disturbed forest, or removing livestock and planting with native forest vegetation. Planting a native woody riparian buffer adjacent to all streams within the Site. Protecting the Site in perpetuity with conservation easements. The proposed schedule for the implementation of the Site is provided below (Table 17). (Remainder ofpage intentionally left blank) Motes Creek Bank Site Mitigation Plan page 27 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 17. Anticipated Construction Timing and Sequencing Task Days Required Start Date Permitting 45-60 11/1/2016 Mobilization 10 11/1/2017 Earthwork 120 11/10/2017 Planting 10 3/1/2018 As -built 15 3/15/2018 10.2 STREAM AND WETLAND DESIGN Site streams and wetlands targeted for restoration have endured significant disturbance from land use activities such as land clearing, livestock grazing, straightening and rerouting of channels, and other anthropogenic maintenance. Site streams will be restored to emulate historic conditions utilizing parameters from nearby, relatively undisturbed reference streams. Stream and wetland designs for the Site are presented in the attached Figures 6A and 6B and Morphology Tables are presented in Appendix C. Table 18 depicts the linear feet of proposed Stream Restoration and Enhancement, as well as, acreage of Wetland Restoration and Enhancement. Table 18. Mitigation Activity Totals Streams Wetlands Restoration Enhance (I) Enhance (II) Total Restoration Enhance Total (ft) (ft) (ft) (ft) (ac) (ac) (ac) 4879 689 397 5965 0.7 0.44 1.14 10.3 STREAM RESTORATION Stream Restoration efforts are designed to restore stable, meandering streams at the Site that approximate hydrodynamics, stream geometry, and local microtopography relative to reference and onsite conditions. Geometric attributes for the existing, degraded channels and the proposed, stable channels are listed in Table of Morphological Stream Characteristics (Table Cl, Appendix Q. Generalized grading plans, including elevations, are provided in Figures 6A and 6B. Typical proposed geometries for Site dimension, pattern, and profile are shown in Figure 7. Primary activities designed to restore Site channels include: 1) belt -width preparation and grading, 2) channel excavation, 3) installation of channel plugs, 4) backfilling of the abandoned channel, and 5) vegetative planting. Belt -width Preparation and Grading Belt -width corridor preparation will entail channel staking, floodplain clearing and grubbing, and any necessary grading prior to channel excavation. After the floodplain has been prepped, the proposed design channels will be staked and/or clearly marked to the design parameters. Spoil material excavated during floodplain grading will be stockpiled adjacent to the existing channels. After construction of the new channels is complete, existing channels will be abandoned and backfilled with stockpiled soils. Motes Creek Bank Site Mitigation Plan page 28 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Grading of topsoil at the Site is expected to be minimal; however, where grading is necessary, topsoils will be stockpiled, managed, and reapplied after grading is complete. In the event that stockpiled topsoil is not of sufficient quantity to provide a suitable planting environment for graded areas, soil amendments will be added including, but not limited to, organic matter (mulch), lime, Nitrogen, Phosphorus, and/or Potassium. Soil amendments will be added and mixed into topsoils to improve bulk density, water retention, and management of soil nutrients. Once belt -width corridor preparation is complete, the proposed channels will be excavated to the average width, depth, and cross-sectional area derived from reference reach studies and detailed measurements of the onsite reach. Stream banks and the belt -width area of constructed channels will be immediately planted with shrub and herbaceous vegetation. Root mats may also be selectively removed from adjacent areas and placed as erosion control features on channel banks. Once the proposed design channels have been excavated and stabilized, abandoned channels will be backfilled utilizing spoil material stockpiled from channel excavation and/or from suitable material excavated from the Site, or adjacent to the Site. Abandoned channels will be backfilled to the maximum extent feasible. In -stream Structures The use of in -stream structures for grade control and habitat is essential for successful Stream Restoration (Figure 8A). In -stream structures may be placed in the channels to elevate local water surface profiles, potentially flattening the water energy slope or gradient. The structures would likely consist of log/rock cross -vanes or log/rock j -hook vanes designed primarily to direct stream energy into the center of the channel and away from banks. In addition, the structures would be placed in relatively straight reaches to provide secondary (perpendicular) flow cells during bankfull events. Piped Channel Crossings Landowner constraints will necessitate the installation of piped channel crossings within breaks in the easement to allow access to portions of the property isolated by stream restoration activities. The crossings will be constructed of properly sized pipes and hydraulically stable rip -rap or suitable rock. Crossings will be large enough to handle the weight of anticipated vehicular traffic. Approach grades to the crossing will be at an approximate 10:1 slope and constructed of hard, scour -resistant crushed rock or other permeable material, which is free of fines. Crossings must be designed and installed to allow aquatic life passage, including placing pipes below the channel invert elevation and ensuring the proper pipe size to allow for aquatic life passage. Outfall Structures Drop structures are proposed at the outfall of smaller tributaries entering larger, deeper channels. To avoid hydrologic trespass, the drop structure may be installed approximately 50 feet from the stream outfalls. The structure should be constructed to resist erosive forces associated with hydraulic drops proposed at the Site. The drop structures will be constructed of TerraCell, or other similar structure (Figure 8B). The structures should be constructed to resist erosive forces associated with hydraulic drops proposed at Site. Motes Creek Bank Site Mitigation Plan page 29 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC TerraCell is a light weight, flexible mat made of high density polyethylene strips. The stops are bonded together to form a honeycomb configuration. The honeycomb mat is fixed in place and filled with gravel or sand. Material in the TerraCell structure may be planted with grasses and shrubs for additional erosion protection. The TerraCell structure will form a nickpoint that approximates geologic controls in stream beds. Marsh Treatment Areas Shallow wetland marsh treatment areas will be excavated in the floodplain to intercept surface waters draining through agricultural areas prior to discharging into the Site. Marsh treatment areas are intended to improve the mitigation project and are not generating mitigation credit. Proposed marsh treatment areas will consist of shallow depressions that will provide treatment and attenuation of initial stormwater pulses (Figure 813). The outfall of each treatment area will be constructed of hydraulically stable rip -rap or other suitable material that will protect against headcut migration into the constructed depression. It is expected that the treatment areas will fill with sediment and organic matter over time. 10.4 STREAM ENHANCEMENT LEVEL I Stream Enhancement Level I will entail reducing channel depth to appropriate values as outlined in morphology tables, installing habitat/grade control structures, contouring stream banks, removing invasive plant species, and supplemental planting, as necessary. All channel work will be completed in a manner to cause as little disturbance to the existing vegetation as feasible and desirable hardwood trees greater than 4 inches in diameter at breast height will be avoided to the maximum extent possible. Enhancement Level I should promote overbank flooding, reduce shear stress/sedimentation, improve water quality functions, and improve aquatic and wildlife habitat associated with a stable riparian corridor/stream. 10.5 STREAM ENHANCEMENT LEVEL II Stream Enhancement Level II will entail the cessation of current land management practices, fencing livestock from the stream and riparian buffer, and planting riparian buffers with native forest vegetation. Riparian buffers will extend a minimum of 50 feet from the top of stream banks to facilitate stream recovery and prevent further degradation of the stream. 10.6 WETLAND RESTORATION AND ENHANCEMENT Alternatives for Wetland Restoration are designed to restore a fully functioning wetland system which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by channel incision, vegetative clearing, hoof shear, and earth movement associated with agricultural practices. Wetland Restoration options should focus on the removal of fill materials, restoration of vegetative communities, the reestablishment of soil structure and microtopographic variations, and redirecting normal surface hydrology from incised streams to the adjacent floodplains. These activities will result in the restoration of 0.7 acre of jurisdictional riparian floodplain wetlands. An additional 0.44 acres of jurisdictional riparian wetlands will be enhanced within the Site by Motes Creek Bank Site Mitigation Plan page 30 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC planting cleared wetlands with native forest vegetation and removing livestock or other agricultural activities. 10.6.1 Target Wetland Communities/Buffer Communities Onsite wetland and buffer areas targeted for Restoration and Enhancement have endured significant disturbance from land use activities such as land clearing, livestock grazing, and other anthropogenic maintenance. These areas will be planted with native forest species typical of wetland and buffer communities in the region such as those found within the reference forest (see Section 5.2 Reference Forest Ecosystem). Emphasis will focus on developing a diverse plant assemblage. Reestablishment of Historic Groundwater Elevations Hydric soils adjacent to the incised channels appear to have been drained due to lowering of the groundwater tables and a lateral drainage effect from existing stream reaches. Reestablishment of channel inverts is expected to rehydrate soils adjacent to streams. In addition, drainage ditches effectively removing wetland hydrology within the restoration areas will be backfilled. Filling of these ditches and restoring Site tributaries are expected to rehydrate hydric soils, resulting in the restoration of jurisdictional hydrology to riparian wetlands. Excavation and Grading of Elevated Spoil and Sediment Embankments Some areas adjacent to the existing channels and area wetlands have experienced both natural and unnatural sediment deposition. Spoil piles were likely cast adjacent to the channel during dredging, straightening, and rerouting of streams, and ditching of the adjacent floodplain. Hydrophytic Vegetation Site wetland areas have endured significant disturbance from land use activities such as land clearing, agriculture, livestock grazing, and other anthropogenic maintenance. Wetland areas will be revegetated with native forest vegetation typical of wetland communities in the region. Emphasis will focus on developing a diverse plant assemblage. Reconstructing Stream Corridors The Stream Restoration plan involves the reconstruction of Site streams through the floodplain. Existing channels will be backfilled so that the water table may be restored to historic conditions. However, some portions of the existing channels may remain open for the creation of wetland "vernal pool" features. These features will be plugged on each side of the open channel and will function as open water systems expected to provide habitat for a variety of wildlife as well as create small pockets of open water/freshwater marsh within the Site. These features will account for a small portion of the Site and will be required to occupy less than 10 percent of the overall wetland areas. 10.7 PLANT COMMUNITY RESTORATION Restoration of floodplain forest and stream -side habitat allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Motes Creek Bank Site Mitigation Plan page 31 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Reference Forest Ecosystem (RFE) data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990) will be used to develop the primary plant community associations that will be promoted during community restoration activities. Planting vegetation on cleared stream banks is proposed to reestablish native/historic community patterns within the stream corridor, associated side slopes, and transition areas. Revegetating the Site floodplains and stream banks will provide stream bank stability, give shade, reduce surface water temperatures, filter pollutants from adjacent runoff, and provide habitat for area wildlife. Variations in vegetative planting will occur based on topographic locations and hydraulic conditions of the soil. Vegetative species composition will mimic reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include 1) Piedmont Alluvial Forest, 2) Dry-Mesic Oak -Hickory Forest, and 3) stream -side assemblage. 10.8 PLANTING PLAN Stream -side trees and shrubs include species with high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. During construction activities, care will be taken to avoid removal of high value trees within the easement. Stream -side trees and shrubs will be planted within 50 feet of the channel throughout the meander belt -width. Shrub elements will be planted along the reconstructed stream banks, concentrated along outer bends. Piedmont Alluvial Forest is the target community for Site floodplains and Dry-Mesic Oak -Hickory Forest is the target community for upland side -slopes. Bare -root seedlings within the Piedmont Alluvial and Dry-Mesic Oak -Hickory Forests will be planted at a density of approximately 680 stems per acre on 8 -foot centers. Shrub species in the stream -side assemblage and Marsh Wetland Treatment Areas will be planted at a density of 2720 stems per acre on 4 -foot centers. In addition to planting seedlings, a seed mix will be spread within Marsh Treatment Wetland Areas as follows. 1. Virginia wildrye (Elymus virginicus) 2. Switch grass (Panicum virgatum) 3. Big blue stem (Andropogon gerardii) 4. Indian grass (Sorghastrum nutans) 5. Deer tongue (Dichanthelium clandestinum) Table 19 depicts the total number of stems and species distribution within the Site (see Planting Plan for the Site in Figure 9). Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Motes Creek Bank Site Mitigation Plan page 32 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Table 19. Planting Plan Vegetation Association Piedmont/Low Mountain Alluvial Forest* Dry-Mesic Oak -Hickory Forest* Marsh Treatment Welland** Stream -side Assemblage** TOTAL Area (acres) 9.7 3.3 0.1 3.8 16.9 Species #planted* % of total #planted* % of total # lanted** % of total # lanted** % of total # planted Tag alder (Alnus serrulate) -- -- -- -- 27 10 517 5 544 River birch (Betula nigra) 660 10 517 5 1176 Ironwood (Carpinus caroliniana) -- -- 449 20 -- -- -- -- 449 Buttonbush (Cephalanthus occidentalis) -- -- -- -- 54 20 -- -- 54 Red bud (Cercis canadensis) -- -- 337 15 -- -- -- -- 337 Sweet p e erbush (Clethra ahtifolia) -- -- -- -- 41 15 -- -- 41 Silky dogwood (Cornus amomum) 660 10 41 15 2067 20 2768 Persimmon (Diospyros vir iniana) -- -- 224 10 -- -- -- -- 224 White ash (Fraxinus americana) 112 5 112 Green ash(Fraxinuspennsylvanica) 1319 20 2067 20 3386 Blueberry (Vaccinium corymbosum) -- -- -- -- 27 10 -- -- 27 Tulip poplar (Liriodendron tuli ifera) 660 10 -- -- -- -- -- -- 660 Sycamore (Platanus occidentalis) 1319 20 2067 20 3386 Black gum (Nyssa sylvatica) -- -- 337 15 -- -- -- -- 337 Water oak (Quercus nigra) 989 15 449 20 1034 10 2472 Willow oak (Quercus phellos) 989 15 337 15 1034 10 2360 Black willow (Salix nigra) -- -- -- -- -- -- 1034 10 1 1034 Elderberry (Sambucus canadensis) 54 20 54 Possumhaw (Viburnum nudum) -- -- -- -- 27 10 -- -- 27 TOTAL 6,596 100 2,244 100 272 100 10,336 100 19,448 * Planted at a density of 680 stems/acre. ** Planted at a density of 2720 stems/acre. Motes Creek Bank Site Mitigation Plan page 33 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 10.9 NUISANCE SPECIES MANAGEMENT Chinese privet (Ligustrum sinense), thorny olive (Eleagnus pungens), and multiflora rose (Rosa multiflora) are scattered within the Site. These species will be controlled mechanically and/or chemically, as part of this project. No other nuisance species controls are proposed at this time. Inspections for beaver and other potential nuisance species will occur throughout the course of the monitoring period. Appropriate actions may be taken to ameliorate any negative impacts regarding vegetation development and/or water management on an as -needed basis. 10.10 SOIL MANAGEMENT AND EROSION CONTROL MEASURES The Sponsor will coordinate with the NC Division of Land Quality (Winston Salem office) to obtain the necessary erosion control permits for the proposed work. In general, soil management and erosion control measures are expected to include the following: silt fence installation along haul roads, spoil piles, or other areas where turbid drainage may exit the Site or enter streams; establish temporary or permanent ground cover within 7 calendar days of land disturbing activity; seed, mat and mulch stream banks upon completion of channel excavation; excavate proposed channels in the dry through the use of impervious dikes and pumps; installation of temporary stone construction entrance/exit; use of log mats for temporary stream crossings; and any other erosion control measures requested by the NC Division of Land Quality. 11.0 PERFORMANCE STANDARDS AND MONITORING REQUIREMENTS Monitoring requirements and success criteria outlined in the latest guidance by USACE in April 2003 (Stream Mitigation Guidelines) will be followed and are briefly outlined below. Monitoring data collected at the Site should include reference photos, plant survival analysis, channel stability analysis, and biological data. Wetland hydrology is proposed to be monitored for a period of seven years (years 1-7). Riparian vegetation and stream morphology is proposed to be monitored for a period of seven years with measurements completed in years 1-3, year 5, and year 7. Macroinvertebrate sampling will be conducted in years 3, 5 and 7, although there are no performance standards tied to the results. Monitoring reports for years 4 and 6 will include photo documentation of stream stability and wetland hydrology monitoring data. If monitoring demonstrates the Site is successful by year 5 and no concerns have been identified, the Sponsor may propose to terminate monitoring at the Site and forego monitoring requirements for years 6 and 7. Early closure will only be provided through written approval from the USAGE in consultation with the Interagency Review Team (IRT). Monitoring will be conducted by Axiom Environmental, Inc. Annual monitoring reports of the data collected will be submitted to the IRT by the Sponsor no later than December 31 of each monitoring year data is collected. Monitoring and success criteria for the Site should relate to project goals and objectives determined by NC SAM and NC WAM functional assessment methods. From a mitigation perspective, several of the goals and objectives are assumed to be functionally elevated by restoration activities without direct measurement. Other goals and objectives will be considered successful upon achieving stream, wetland, and/or vegetation success criteria. The following Table 20 summarizes Motes Creek Bank Site Mitigation Plan page 34 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC stream success criteria related to goals and objectives. Table 21 provides a monitoring schedule for the Bank Site. Table 20. Functional Goal/Objectives and Performance Standards Functional Goals/Objectives Performance Standards and Monitoring (1) Hydrology (2) Flood Flow (Floodplain Access) Pebble counts documenting coarsening of bed material from (3) Streamside Area Attenuation Four overbank events in separate monitoring years will be documented during the monitoring period. (4) Floodplain Access Success Criteria (Section 11.3. 1) (4) Wooded Riparian Buffer Attaining Vegetation Success Criteria (Section 11.3.1). (2) Stream -side Habitat Removal of cattle, and attaining Vegetation Success Criteria (4) Microtopography (Section 11.3.1) (3) Stream Stability Cross-sections, monitored annually, will be compared to as - built measurements to document channel stability and (4) Channel Stability maintenance of channel geomorphology (Section 11.1.1). (2) Surface Storage and Retention Four overbank events in separate monitoring years, and attaining Wetland and Vegetation Success Criteria (Sections (2) Subsurface Storage and Retention 11.2.1 and 11.3.1). Water (2) Stream -side Area Vegetation Attaining Wetland and Vegetation Success Criteria (Sections (3) Upland Pollutant Filtration 11.2.1 and 11.3.1) (2) Indicators of Stressors Removal of cattle, fencing intact, and easement encroachment avoided. (2) Particulate Change Removal of cattle, documentation of four overbank events in (2) Soluble Change separate monitoring years, and attaining Wetland and (2) Physical Change Vegetation Success Criteria (Sections 11.2.1 and 11.3.1) (1) Habitat Motes Creek Bank Site Mitigation Plan page 35 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC -------- Formatted Table Pebble counts documenting coarsening of bed material from (2) In -stream Habitat pre-existing conditions of sand and silt to post restoration conditions of gravel and cobble, and attaining Vegetation Success Criteria (Section 11.3. 1) (3) Stream Stability Attaining Vegetation Success Criteria (Section 11.3. 1) (2) Stream -side Habitat Pebble counts documenting coarsening of bed material from (2) Physical Structure pre-existing conditions of sand and silt to post restoration conditions of gravel and cobble, and attaining Vegetation Success Criteria (Section 11.3. 1) (2) Landscape Patch Structure Attaining Vegetation Success Criteria (Section 11.3. 1) (2) Vegetative Composition Motes Creek Bank Site Mitigation Plan page 35 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC -------- Formatted Table Table 21. Monitoring Schedule Resource Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 11.1 STREAMS Monitoring plans for the Site are depicted in Figure 10. Permanent, monumented cross-sections shall be installed at an approximate frequency of one per 50 bankfull-widths, measured along the thalweg, along every reach where Stream Restoration and/or Enhancement Level I mitigation activities are utilized. In general, cross-section locations should be selected to equally represent pool and riffle areas and should include areas more likely to exhibit instability. gross -section .... Deleted: The sponsor, through its assigns, may exercise discretion p y ty - locations shall be detailed In the Site as -built survey. in determining the placement and frequency of cross-sections, which shall be determined by best professional judgment. Wolman Pebble Counts shall be conducted annually at a representative subset of cross-sections, spaced approximately 1000 linear feet apart, as measured along the thalweg, for longer Stream Restoration and Enhancement Level I reaches. For shorter Stream Restoration and Enhancement Level I reaches, at a minimum, at least one Wolman Pebble Count shall be conducted on each channel of at least 500 linear feet in length. Longitudinal profiles of thalweg, water surface, bankfull, and top -of -bank of each Stream Restoration and Enhancement Level I reach shall be provided in the Site as -built survey. Additional profile surveys during the Stream Monitoring Period shall not be required, unless evidence of bed and/or bank instability is observed. In such cases, the USACE, in consultation with the IRT, shall determine if remedial measures are necessary. If remedial measures are necessary, remedial measure monitoring and reporting may include additional longitudinal profiles. Stream flow gauges will be installed in the lower reaches of UT 1. The approximate locations of stream flow gauges are depicted on the monitoring plan (Figure 10). Determinations regarding the occurrence of bankfull events shall be based on the observation of overbank events utilizing a combination of staff gauges, automated trail cameras, as well as physical evidence of overbank flooding. Physical indicators, which are easily observable, include floodplain scour, vegetation flattening, sediment deposition on floodplains and wrack lines consisting of deposited debris associated with stream discharges. The presence of physical indicators supporting bankfull event determinations shall be photodocumented. Staff gauges may also be installed along Site floodplains at predetermined elevations and locations sufficient to indicate if bankfull events have taken place. If such gauges are installed, they will be monitored routinely. Each bankfull monitoring event may be reported separately to the USACE from annual monitoring reports. Motes Creek Bank Site Mitigation Plan page 36 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 11.1.1 Stream Success Criteria ,Stream success will be documented with measurements of stream stability mcludm g bank-hei ht- Deleted: steam success will be based on evaluations of functional --------------g ------ --- ------ ratio and entrenchment ratio. Specifically, bank -height -ratios shall not exceed 1.2 in regions of uplift identified on NC SAM calculations. channel altered through design. In addition, the entrenchment ratio shall be no less than 2.2 within E -type or C-type channels and no less than 1.4 for B -type channels. Channels with intermittent, or questionable stream discharge (specifically UT 1) will have stream flow gauges installed to document flow in the channel. Automated trail cameras will be mounted in conjunction with stream flow gauges to document flow duration as well. Success of intermittent streams is expected to include 30 consecutive days of flow, along with more than one indicator of an ordinary high water mark as outlined in Regulatory Guidance Letter 05-05. Project channels shall remain stable and all other performance standards shall be met through four separate bankfull events, occurring in separate years, during the monitoring years 1 through 7. 11.2 WETLANDS Groundwater monitoring gauges will be installed at the Site in locations depicted on Figure 10 in an effort to take measurements after hydrological modifications are performed. Hydrological sampling will continue throughout the growing season at intervals necessary to satisfy jurisdictional hydrology success criteria (USEPA 1990). In addition, an on-site rain gauge will document rainfall data for comparison of groundwater conditions with extended drought conditions and floodplain crest gauges may be installed to confirm overbank flooding events. 11.2.1 Wetland Success Criteria Monitoring and success criteria for wetland re-establishment should relate to project goals and objectives. From a mitigation perspective, several of the goals and objectives are assumed to be functionally elevated by restoration activities without direct measurement. Other goals and objectives will be considered successful upon achieving vegetation success criteria. The following summarizes wetland success criteria related to goals and objectives. According to the Soil Survey of Alamance County, the growing season occurs from April 17 — October 22. However, the start dates for the growing season are not typical for the Piedmont region; therefore, for purposes of this project gauge hydrologic success will be determined using data from March 1 - October 22 to more accurately represent the period of biological activity. For wetland success criteria, March 1 shall be the earliest a growing season may start. Confirmation of the growing season must be accompanied by evidence of biological activity (bud burst and soil temperature). The growing season will not be considered to have started on March 1 if bud burst and soil temperature data do not meet the criteria outlined below. Based on growing season information outlined in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (USACE 2010), this will be confirmed annually by soil temperatures exceeding 41 degrees Fahrenheit at 12 inches depth and/or bud burst. Bud burst is expected to follow the definition of "above ground growth" as outlined in the regional supplement (USAGE 2012) including the emergence of herbaceous plants from the ground, appearance of new growth from vegetative crowns, sprouting Motes Creek Bank Site Mitigation Plan page 37 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC seeds, green foliage visible between spreading bud scales, emergence or elongation of leaves of woody plants, and/or emergence of flowers. Bud burst, or "above ground growth" is expected to be observed on two, or more species of plant to satisfy this criteria. Photographic evidence of bud burst and field logs of date and temperature will be included in the annual monitoring reports. Target hydrological characteristics include saturation or inundation for 10 percent of the monitored period (March 1 -October 22), during average climatic conditions. During years with atypical climatic conditions, groundwater gauges in reference wetlands may be used to ascertain if hydrology data may be modified by the IRT for that particular year. Reference gauge data is not proposed to alter growing season lengths, or hydrology success criteria without consent for the IRT. 11.3 VEGETATION After planting has been completed in winter or early spring, an initial evaluation will be performed to verify planting methods and to determine initial species composition and density. Supplemental planting and additional Site modifications will be implemented, if necessary. During quantitative vegetation sampling, sample plots (10 -meter by 10 -meter) will be installed----___ within the Site as per guidelines established in RCVS-EEP Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). In each sample plot, vegetation parameters to be monitored include species composition and species density. Visual observations of the percent cover of shrub and herbaceous species will also be documented by photograph` JI 1.3.1 Vegetation Success Criteria ------------------------------------------------------------------------------------------------------------------------------------------------------ An average density of 320 planted stems per acre must be surviving in the first three monitoring years. Subsequently, 290 planted stems per acre must be surviving in year 4, 260 planted stems per acre in year 5, and 210 planted stems per acre in year 7. In addition, planted vegetation must average 10 feet in height in each plot at year 7 since this Site is located in the Piedmont. Volunteer stems may be considered on a case-by-case basis in determining overall vegetation success; however, volunteer stems should be counted separately from planted stems. 11.4 MACROINVERTEBRATES Macroinvertebrate sampling will be conducted in accordance with the "Qual 4" method described in Standard Operating Procedures for Collection and Analysis of Benthic Macroinvertebrates (NCDWQ 2012). In addition, sampling will occur during the "index period" regerenced in Small Streams Biocriteria Development (NCDWQ 2009). Results will be presented on a site -by -site basis and will include a list of taxa collecter, an enumeration of Ephemeroptera, Plecoptera, and Tricopetera taxa as well as Biotic Index values. Baseline data can be found in Appendix E and sampling locations are depicted in Figure E 1 (also Appendix E). 12.0 MAINTENANCE AND CONTINGENCY PLAN The Sponsor shall monitor the Site on a regular basis and shall conduct a physical inspection a minimum of once per year throughout the post -construction monitoring period until performance standards are met. These inspections may identify components and features that require routine Motes Creek Bank Site Mitigation Plan page 38 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Formatted: Body Text,Body Text Charl,Body Tent Char Char,Body Text Charl Char Charl,Body Text Char Char Char Charl,Body Text Charl Char Charl Char Char,Body Text Char Char Char Charl Char Char,Body Text Chart Char Chari Char Char Char Char,Body Text Char3 Formatted: Font:Not Italic Moved down [1]: 11.3.1 -Vegetation Success Criteria Formatted: Font:Times New Roman, 12 pt Moved (insertion) rll maintenance. Routine maintenance should be expected most often in the first two years following construction and are summarized as follows. 12.1 VEGETATION Vegetation will be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical (i.e. chainsaw) and/or chemical (i.e. basal bark herbicide application) methods. Any vegetation control requiring herbicide application and soil fertilization will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations & 15A NCAC 02B .0233. If vegetation Performance Standards are not achieved based on average density calculations from combined plots over the entire restoration area, supplemental planting may be performed with tree species approved by regulatory agencies. Supplemental planting will be performed as needed until achievement of vegetation success criteria. 12.2 STREAMS In the event that stream Performance Standards are not fulfilled, a mechanism for contingency will be implemented. Stream contingency may include, but may not be limited to 1) structure repair and/or installation; 2) repair of dimension, pattern, and/or profile variables; and 3) bank stabilization. The method of contingency is expected to be dependent upon stream variables that are not in compliance with Performance Standards. Primary concerns, which may jeopardize stream success include: 1) structure failure, 2) headcut migration through the Site, and/or 3) bank erosion. Structure Failure In the event that structures are compromised the affected structure will be repaired, maintained, or replaced. Once the structure is repaired or replaced, it must function to stabilize adjacent stream banks and/or maintain grade control within the channel. Structures which remain intact, but exhibit flow around, beneath, or through the header/footer will be repaired by excavating a trench on the upstream side of the structure and reinstalling filter fabric in front of the pilings. Structures which have been compromised, resulting in shifting or collapse of header/footer, will be removed and replaced with a structure suitable anticipated stormwater flows. Headcut Migration In the event that a headcut occurs (identified visually or through measurements [i.e. bank -height ratios exceeding 1.4]), provisions for impeding headcut migration and repairing damage caused by the headcut will be implemented. Headcut migration may be impeded through the installation of in -stream grade control structures (rip -rap sill and/or log cross -vane weir) and/or restoring stream geometry variables until channel stability is achieved. Channel repairs to stream geometry may include channel backfill with coarse material and stabilizing the material with erosion control matting, vegetative transplants, and/or willow stakes. Bank Erosion Motes Creek Bank Site Mitigation Plan page 39 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC In the event that severe bank erosion occurs, resulting in elevated width -to -depth ratios, contingency measures to reduce bank erosion and width -to -depth ratio will be implemented. Bank erosion contingency measures may include the installation of log -vane weirs and/or other bank stabilization measures. If the resultant bank erosion induces shoot cutoffs or channel abandonment, a channel may be excavated which will reduce shear stress to stable values. 12.3 WETLAND HYDROLOGY Hydrological contingency will require consultation with hydrologists and regulatory agencies if wetland hydrology enhancement is not achieved. Hydrologic contingency actions may include: floodplain surface modifications such as construction of ephemeral pools, deep ripping of the soil profile, supplemental planting, and/or maintenance to areas of the wetland where stormwater or floodplain flows are intercepted to prevent scour. Recommendations for contingency to establish wetland hydrology may be implemented and monitored until hydrology success criteria are achieved. In the event that beaver become a nuisance within the Site, beaver management will be initiated and continued on an as -needed basis in accordance with North Carolina Wildlife Resource Commission (NCWRC) rules and regulations. 12.4 SITE BOUNDARIES Site boundaries shall be identified in the field to ensure clear distinction between the Site and adjacent properties. Boundaries maybe identified by parker, bollard, o"ostias allowed by Site _._ Deleted: fence, conditions and/or conservation easement. Disturbed, damaged, or destroyed boundary markers Deleted: , tree -blazing, or other means will be repaired and/or replaced on an as needed basis. 12.5 TERRACELL DROP STRUCTURES Terracell drop structures will be monitored annually at a minimum. In the event of erosion or scour within the structure, maintenance may include structure repair, chinking of the structure to prevent piping, securing of loose coir -fiber matting, and/or supplemental planting of live stakes and erosion control grasses. In the event that debris clogs or inhibits flow over the structure, manual or mechanical removal of debris will occur; maintenance is only expected until the structure naturalizes. 13.0 LONG-TERM MANAGEMENT PLAN The Site will be protected under the terms outlined in the Site's perpetual conservationpasements. _ _ Deleted: easement ------------- The conservation ,�asements_will prohibit_ incompatible uses that might jeopardize the objectives__ Deleted: easement of the Site. The North Carolina Wildlife Habitat Foundation ("NCWHF") will be the conservation easement holder. ,NTCWHF has requested, and the Sponsor has agreed to provide, twenty thousand Deleted: NCWHF maintains an endowment for the purpose of ($20,000) dollars at the conservation easement closing to hold the Site's easements. monitoringelStew and rdshi Foodment ). conservation easements it bolas ("General Stewardship Fund"). NCWIIF will require sone -time contribution from the Sponsor to NCWHF's General Stewardship In addition to servingas the conservation easement older, NCWHF will also be res onsible for Fund sufficient to support NCwHF's responsibilities under the ....... __................................ h.. _ Site's conservation easements, payable at time of easement closing long-term management of the Site per the requirements of the Bank UMBI and this Bank Site Deleted: stewardship Mitigation Plan. As the Site has been designed to be self-sustaining, the Site's long-term management activities will be limited to routine boundary inspections and, when necessary, Motes Creek Bank Site Mitigation Plan page 40 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC marking Site boundaries to ensure clear identification of conservation areas.' Per their Deleted: 1 responsibilities as the Site's easement holder, NCWHF will inspect boundaries annually to monitor for encroachment. During these inspections, as the Site's long-tenn manager, the condition of boundary markings (i.e., signs) will be noted and replaced as needed. The Sponsor has agreed to provide to NCWHF an additional five thousand ($5.000) dollars at the conservation easement closing to fund the Site's long-term management. For the purposes of calculating the gmount required to fund long -tern management (see Appendix -- - Deleted: Long-tenn Management Fund 1 Fj the fioHowing_ assumptions and inputs_were used: 1)_during the implementation of this Bank Deleted:) Site Mitigation Plan, fifty (50) signs will be installed and an additional fifty (50) replacement signs will be purchased by the Sponsoi;; 2) these signs have a 50 -year life; however, complete _-- Deleted: at no cost to the Long -tens Management 71md replacement will occur every 20 years; 3) in today's US dollars, it costs $300 to purchase 50 signs and requires four hours of labor ($200) to install 50 signs at the Site; and 4) although NCWHF will use xevenues generated from the $20,000 required for easement holding (discussed above) t Deleted: their General stewardship Fund inspect boundaries, additional funds were included to ensure completion of boundary inspection 1 14.0 ADAPTIVE MANAGEMENT PLAN Any changes that may occur in the mitigation plan due to unanticipated construction constraints will be adapted accordingly to meet Performance Standards outlined above (Section 11.0). The Sponsor or its assigns will visit the Site at least annually to check the status of aquatic resources. Likely challenges are limited, but may include a loss of vegetation structure due to natural or man- made causes including mortality of existing mature trees as the result of changes in hydrology, a growing presence of invasive species, or some type of contaminated spill upstream of the Site. In the event that unforeseen changes occur that affect the management or Performance Standards of the Site during its operational period, the Sponsor will utilize the maintenance plan outlined above (Section 12.0 Maintenance and Contingency Plan) and work with the IRT to determine appropriate measures to rectify deficiencies at the Site in order to provide targeted aquatic functions. If such unforeseen changes occur the Sponsor will obtain additional permits as necessary and will provide the USACE a Record Drawing of corrective actions that depict the extent and nature of the work performed. 15.0 FINANCIAL ASSURANCE Prior to the first credit release, and over the operational life of the Site, the Sponsor shall provide financial assurances sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required pursuant to the Bank UMBI. Such assurances shall be separated into two types, identified as follows: 1) mitigation plan implementation (herein after referred to as "Implementation Assurance"), which shall assure the Site's construction, monitoring and maintenance phases; and 2) maintenance and monitoring (herein after referred to as "Maintenance and Monitoring Assurance") following the full implementation of the Mitigation t While the Sponsor will construct fencing along easement boundaries as well as creek crossings between easements as part of this Bank Site Mitigation Plan, all fencing and crossing maintenance following Bank Site closeout shall be the responsibility of the associated landowner:, which will be clearly set out in the Site's final conservation easements. - Deleted: . Therefore, fencing/crossing maintenance and/or replacement is not part of the Site's Long-term Management Plan Motes Creek Bank Site Mitigation Plan page 41 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page: 232 Number: 1 Author: K7RG9TT9 Subject: Highlight Date: 2/23/2017 3:17:50 PM For consistency with other plans, should have a paragraph following this sentence that states: "In support of NCWHF as the Site's easement holder and long-term manager, the Sponsor will provide a lump sum payment of twenty-five thousand ($25,000) dollars to NCWHF at the time of conservation easement closing, prior to the Site's initial credit release. This payment includes funds to support NCWHF's role as the easement holder ($20,000) and additional funds to support long-term management ($5,000)." Work Plan detailed in Section 10.0 of this Bank Site Mitigation Plan, which effectively replaces or reduces the value of the Implementation Assurance. 15.1 IMPLEMENTATION ASSURANCE The Implementation Assurance shall consist ofaperformance bond in a form substantially similar Deleted: either to the draft provided in Appendix G underwritten by_a surety_company_licensed to do business in FDeleted: F North Carolina with a Best's current rating of not less than "?� The total value of such bond or : = or a casualty insurance policy in an approp ate form policy shall be six hundred seven thousand nine hundred twenty six dollars ($607,926). roved by the USACE in compliance with current usACE d guidance documents. 15.2 MAINTENANCE AND MONITORING ASSURANCE �ollowin the Site's construction, the_ -Implementation Assurance shall be replaced with another -_.- Deleted: lfa performance bond is utilized, followin g performance bond. The replacement bond shall be in a form substantially similar to the draft provided in Appendix G. The total value of such bond shall be twenty seven thousand five - Deleted: F hundred dollars ($27,500). — Deleted: No such replacement is necessary if a casualty insurance - - policy is utilized. 15.3 OTHER FINANCIAL ASSURANCE REQUIREMENTS Financial,�ssurances shall be payable to the Site's easement holder and financial assurance obligee,__ --- Deleted: assurance the NCWHF. In addition, financial assurances shall contain a provision ensuring the District Engineer receives notification at least 120 days in advance of any termination or revocation. 16.0 CONCLUSIONS The development of the Motes Creek Bank Site Mitigation Plan under the terms and conditions of the Cape Fear 02 Umbrella Mitigation Bank will result in the ecological improvement of 5,965 linear feet of stream and 1.14 acres of wetland. The Site has the potential to provide 5,345 SM -Us and 0.92 WMUs through the restoration, enhancement and permanent protection of 19 -acres surrounding several currently impacted streams and wetlands in Alamance County, North Carolina. Motes Creek Bank Site Mitigation Plan page 42 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC 17.0 REFERENCES Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classifications of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical ReportY-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Gordon, N.D., T.A. McMahon, and B.L. Finlayson. 1992. Stream Hydrology: an Introduction for Ecologists. John Wiley & Sons, Ltd. West Sussex, England. Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Harman, W.A., G.D. Jennings, J.M. Patterson, D.R. Clinton, L.A. O'Hara, A. Jessup, R. Everhart. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. N.C. State University, Raleigh, North Carolina. Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2006. CVS-EEP Protocol for Recording Vegetation, Level 1-2 Plot Sampling Only. Ecosystem Enhancement Program, North Carolina Department of Environment and Natural Resources. 11 pp. Natural Resources Conservation Service (MRCS). 2014. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/app/ [January 9, 2014]. United States Department of Agriculture. North Carolina Division of Water Quality (NCDWQ). 2001. Benthic Macroinvertebrate Monitoring Protocols for Compensatory Mitigation. 401/Wetlands Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2005. Cape Fear River Basinwide Water Quality Plan. Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=2eddbd59-b382-4b5 8-97ed- c4049bf4e8e4&groupId=38364. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2006. Standard Operating Procedures for Benthic Macroinvertebrates. Biological Assessment Unit, Department of Environment and Natural Resources. Raleigh, North Carolina. Motes Creek Bank Site Mitigation Plan page 43 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC North Carolina Division of Water Quality (NCDWQ). 2012. Final North Carolina Water Quality Assessment and Impaired Waters List (2012 Integrated 305(b) and 303(d) Report) (online). Available: http://portal.ncdenr.org/web/wq/ps/mtu/assessment [January 9, 2014]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2014. 2014 NC 303(d) List — Category 5 Final December 19, 2014 (online). Available: http://por-tal.ncdenr.org/c/document_library/get_file?uuid=28b97405-5 5 da-4b21-aac3- f580ee810593&groupId=38364 [October 28, 2015]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2015. North Carolina Water Bodies Report (online). Available: http://portal.ncdenr.org/c/document_library/get_file?uuid=l Oc60296-dcc8-439f-a4l c- d475ea7adlfa&groupld=38364 [April 2015]. North Carolina Department of Environment and Natural Resources, Raleigh. North Carolina Ecosystem Enhancement Program (NCEEP 2009). Cape Fear River Basin Restoration Priorities 2009 (online). Available http://portal.ncdenr.org/c/document_library/get_file?uuid=864e82e8-725 c-415 e-8ed9- c72dfcb55012&groupId=60329 North Carolina Ecosystem Enhancement Program (NCEEP 2011). Monitoring Requirements and Performance Standards for Stream and/or Wetland Mitigation. North Carolina Stream Functional Assessment Team. (NC SFAT 2015). N.C. Stream Assessment Method (NC SAM) User Manual. Version 2.1. Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology (Publisher). Pagosa Springs, Colorado Schafale, M and Weakley, A. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation. Raleigh, North Carolina United States Army Corps of Engineers, United States Environmental Protection Agency, North Carolina Wildlife Resources Commission, North Carolina Division of Water Quality (USAGE et al.). 2003. Stream Mitigation Guidelines. Unites States Army Corps of Engineers (USAGE). 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region. United States Census Bureau (USCB). 2013. Population estimates V.2013. http://quickfacts.census.gov/gfd/states/37000.html Motes Creek Bank Site Mitigation Plan page 44 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC United States Department of Agriculture (USDA). 1960. Soil Survey of Alamance County, North Carolina. Soils Conservation Service, United States Department of Agriculture. United States Department of Agriculture (USDA). 1908. Soil Survey of Caswell County, North Carolina. Soils Conservation Service, United States Department of Agriculture. United States Environmental Protection Agency (USEPA). 1990. Mitigation Site Type Classification (MiST). USEPA Workshop, August 13-15, 1989. EPA Region IV and Hardwood Research Cooperative, NCSU, Raleigh, North Carolina. United States Fish and Wildlife Service (USFWS). 2015. Threatened and Endangered Species in North Carolina (online). Available: http://www.fws.gov/nc-es/es/countyfr.html. (April 17, 2015]. United States Fish and Wildlife Service, Raleigh, North Carolina. United States Geological Survey (USGS). 2006. Estimating the Magnitude and Frequency of Floods in Rural Basins of North Carolina — Recompiled. USGS Water -Resources Investigations Report 01-4207. Raleigh, North Carolina. Motes Creek Bank Site Mitigation Plan page 45 Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX A JURISDICTIONAL DETERMINATION PACKAGE Motes Creek Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX B CONSERVATION EASEMENT Motes Creek Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX C. MORPHOLOGY TABLES AND EXISTING STREAM CHARACTERISTIC DATA Motes Creek Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX D. FLOOD FREQUENCY ANALYSIS DATA Motes Creek Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX E. PRECONSTRUCTION BENTHIC MACROINVERTEBRATE DATA Motes Creek Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC APPENDIX F. DRAFT FINANCIAL ASSURANCE Motes Creek Bank Site Mitigation Plan Appendix Cape Fear 02 Umbrella Mitigation Bank Restoration Systems, LLC Page 41: [1] Deleted Adam Riggsbee 2/7/17 10:27:00 AM A separate endowment fund ("Long-term Management Fund"), to be held by NC"F, will be established by the Sponsor to support long-term management activities after Bank Site closeout. Based on the calculations presented in Appendix F, the Long-term Management Fund shall consist of an initial principal investment of $5,000 (see Appendix F for principal calculations), which will be funded as a required milestone for the Site's Year 7 credit release (see Table 15).