HomeMy WebLinkAbout20131200 Ver 5_8_AppendixF_Harmon Dairy Phase 2 Final Scan all 6-12-17_20170613Harmon Dairy Stream Mitigation Project Phase 2
Polk County, North Carolina
Broad River Basin
June 1, 2017
Prepared by:
L'arW r 0 rN0ANDG
ENGINEERING
32 Clayton Street 167-B Haywood Road
Asheville, NC 28801 Asheville, NC 28806
Table of Contents
1.0 PROJECT SUMMARY................................................................................................. 2
1.1 Project Objectives................................................................................................ 2
2.0 SITE SELECTION......................................................................................................... 2
3.0 SITE PROTECTION INSTRUMENT..............................................................................3
4.0 BASELINE INFORMATION......................................................................................... 3
4.1 Location................................................................................................................3
4.2 Existing Site Conditions....................................................................................... 3
5.0 DETERMINATION OF CREDITS.................................................................................. 4
6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN ......................................... 5
6.1 Design Approach.................................................................................................. 5
6.2 Construction Schedule......................................................................................... 6
6.3 Erosion and Sediment Control Measures........................................................... 6
6.4 Stream Bank and Floodplain Re-Vegetation....................................................... 7
6.5 Invasive Species Control...................................................................................... 7
6.6 Maintenance Plan................................................................................................ 7
7.0 PERFORMANCE STANDARDS.................................................................................... 8
8.0 MONITORING REQUIREMENTS................................................................................9
10.0 ADAPTIVE MANAGEMENT PLAN..........................................................................
10
11.0 FINANCIAL ASSURANCES.......................................................................................
10
12.0 REFERENCES...........................................................................................................12
APPENDIX A: FIGURES
Figure 1. Site Vicinity Map
Figure 2. USGS Topographic Quadrangle
Figure 3. Aerial Map
Figure 4. Stream and Wetland Delineation Map
APPENDIX B: CONSERVATION EASEMENT
APPENDIX C: GEOMORPHIC DATA
PHOTOGRAPHS
CALCULATIONS
APPENDIX D: RESTORATION PLANS
APPENDIX E: DRAFT BOND
1.0 PROJECT SUMMARY
Tryon Equestrian Partners, LLC (TEP) is proposing to restore, enhance, and preserve 6,039 linear feet (LF)
of stream channel at the Harmon Dairy Stream Mitigation Project site (site) in Polk County, North
Carolina (Appendix A, Figure 1). The proposed project would generate approximately 3,879 Stream
Mitigation Units (SMUs). Restoration would offset environmental losses resulting from unavoidable
impacts associated with the Tryon International Equestrian Center (TIEC) in Polk County.
1.1 Project Objectives
The proposed stream restoration project addresses needed improvements to the watershed in several
ways. The existing streams at the site is degraded due to prior habitat alteration, excess sediment from
bank erosion, limited riparian buffers, and livestock trampling. The proposed project would address
these impairments and improve watershed functions by restoring, enhancing and preserving 6,039 LF of
four unnamed tributaries (UTs) to Mary's Branch.
The primary goal of the stream restoration project is to return the project reaches to stable, well -
vegetated, and naturally functioning conditions. Specific stream restoration objectives include:
improving bank stability, enhancing aquatic and terrestrial habitats, removing invasive exotic plant
species, stabilizing upland gullies, establishing more robust and wider vegetative buffers, and installing
livestock fencing around these riparian buffers.
2.0 SITE SELECTION
The applicant has chosen off-site, in-kind mitigation in the form of restoration, enhancement, and
preservation to fulfill mitigation requirements associated with development of the TIEC. The project site
was selected because it has a high likelihood of success based on a number of factors, including:
landscape position; absence of significant constraints; and conservation protection. This Phase 2
mitigation proposal connects to the Phase 1 mitigation project that was recently approved.
Establishing upland riparian buffers and livestock fencing around stream resources would limit indirect
and cumulative impacts associated with the ongoing dairy operation. Streams at the site would
otherwise have no protections and would continue to erode and be negatively impacted by cattle.
Although mitigation provided by a mitigation bank or in -lieu fee program could provide mitigation
within the same watershed, stream reaches used for mitigation in these scenarios would likely be
located many miles from the TIEC. The Harmon Dairy is located only 5 miles from the TIEC.
When properly designed and implemented, and appropriately monitored, permittee -responsible
mitigation offers a predictable and tested way of achieving compensatory mitigation as well as the
opportunity to protect unique, natural features. Mitigation activities are justified because of the
degraded nature of the existing streams and the plan to restore the streams to ecologically self-
sustaining conditions.
Harmon Dairy Phase 2 Stream Mitigation Plan 2 May 2017
3.0 SITE PROTECTION INSTRUMENT
A Conservation Easement (CE) on the property would be held by the Polk County Soil and Water
Conservation District (SWCD) to permanently protect the improved aquatic habitats and riparian buffers
and restrict future activities that might otherwise compromise the functions and services of the aquatic
resources (Appendix B). The permanent conservation easement would extend at least 50 feet beyond
the top of both banks on all UTs. Within the conservation easement, the riparian buffers would be
planted with native trees and shrubs in order to provide post -construction bank stability, erosion control
and riparian habitat enhancement.
All site protection instruments require 60 -day advance notification to the US Army Corps of Engineers
(Corps) and the NC Division of Water Resources (DWR) prior to any action to void, amend, or modify the
document. No such action would take place unless approved by the Corps and DWR.
4.0 BASELINE INFORMATION
4.1 Location
The site is located in the Piedmont physiographic province (NCGS 2004) in Polk County, North Carolina.
The site is accessed from NC Highway 9 in the town of Green Creek (Appendix A, Figure 1). The site is
bordered by Mary's Branch to the west, and streams on the site are UTs to Mary's Branch, which drains
to the Broad River (HUC 03050105).
To access the site from Asheville, take Interstate 26 East for 36 miles to Exit 67. Follow US -74 East toward
Columbus. Take Exit 167 and turn south onto NC Highway 9. After approximately 7 miles, turn right onto
Harmon Dairy Lane. Harmon Dairy Lane ends at the dairy. The project reaches are located to the west of
the diary barns.
4.2 Existing Site Conditions
The watersheds of the two primary UTs in Phase 2 (UT2 and UT3) measure approximately 58 acres and
102 acres, respectively (Appendix A, Figure 2 and 3). Land use in the UT2 subwatershed is
predominantly pasture with mixed hardwood/pine forest at the headwaters and southern
drainage area boundary. The UT3 subwatershed is primarily forested, with pasture bordering the
northern side of the stream. The land uses in the larger Mary's Branch watershed are similar, but
also include residential home sites.
The project reaches flow through relatively steep valleys. Past buffer clearing and cattle trampling have
caused direct impacts to stream habitat and water quality. It appears that downstream reaches of UT 2
and UT3 were channelized in the past, setting in motion an incision process that has been halted by
bedrock or large boulders located intermittently along the profiles. Bank erosion is widespread,
particularly in the more deeply incised reaches. The project reaches can be characterized by Stage III
(degradation) in the Simon Channel Evolution Model. In terms of the Rosgen classification system, both
UT2 and UT3 can be classified as "G" or incised "B" stream types. A culvert crossing exists on UT3 and
would be replaced with a similar culvert as part of the project in order to provide access to a pasture
beyond the southern conservation easement boundary. UTs 4 and 5 are both relatively stable but are
threatened by unimpeded cattle access, and in the case of UT4, buffer clearing.
Harmon Dairy Phase 2 Stream Mitigation Plan 3 May 2017
The riparian buffers that exist along the project reaches include native tree species such as American
beech (Fagus grandifolia), maple species (Acer spp) and yellow poplar (Liriodendron tulipifera). Non-
native species include Chinese privet (Ligustrum sinense), Japanese honeysuckle (Lonicera japonica) and
multi -flora rose (Rosa multiflora). UT2 has a significant kudzu (Pueraria lobata) infestation near its
confluence with UT3.
Photographs of the site along with geomorphic data are included for review (Appendix C). A stream and
wetland delineation map is included in (Appendix A, Figure 4). Baseline information and attributes are
summarized in Table 1 below.
N/A - Not Appk.blc
5.0 DETERMINATION OF CREDITS
Mitigation credits presented in Table 2 below are projections based upon site design. Upon completion
of site construction, the project components and credits data would be updated as appropriate in order
to be consistent with the as -built condition.
Harmon Dairy Phase 2 Stream Mitigation Plan 4 May 2017
Table 1. Project Baseline Information and Attributes
Harmon Dairy Stream Mitigation Project - Phase 2
Project Information
Project County
Polk
Project Area (acres)
18.6
Project Coordinates (latitude and longitude)
35.201916, -82.064521
(at confluence of UT2 and UT3)
Project Watershed Summary Information
Physiographic Province
Piedmont
River Basin
Broad
USGS Hydrologic Unit
8 -digit 03050105
14 -digit: 03050105150020
DWQ Sub -basin
03-08-06
Project Drainage Area (acres)
160
Project Drainage Area Percentage of Impervious Area
<10%
CGIA Land Use Classification
Forested (53%), Cultivated Crops and Hay (33%), Grassland (11%), Developed (2%),
Impervious (<I%), Barren (<I%)
Reach Summary Information
Parameters
UT 2 to Mary's
Branch
UT 3 to Mary's UT 4 to Mary's
Branch Branch
UT 5 to Mary's
Branch
Length of Reach (linear feet)
3,095
2506
248
233
Valley Classification
VIII
VIII
VIII
VIII
Drainage Area (acres)
58
102
39
30
NCDWQ Water Quality Classification
C
C
C
C
Morphological Description (Stream Type)
G
G
A
A
Evolutionary Trend
Eb-G
Eb-G
stable
stable
Underlying Mapped Soils
RnE
RnE
RnE
RnE
Drainage Class
Well Drained
Well Drained
Well Drained
Well Drained
Soil Hydric Status
No
No
No
No
Slope
2.7%
1.4%
20.5%
10.8%
FEMA Classification
Zone X
Zone X
Zone X
Zone X
Native Vegetative Community
Riparian
Riparian
Riparian
Riparian
Percent Composition of Exotic Invasive Vegetation
—30%
—20%
<10%
<10%
Wetland Summary Information
N/A
N/A
N/A
N/A
Regulatory Considerations
Regulation
Applicable
Resolved
Supporting Documentation
Waters of the United States - Section 404
Yes
No
Waters of the United States - Section 401
Yes
No
Endangered Species Acts
No
No
Historic Preservation Act
Unknown
No
No known occurences in project vicinity.
Coastal Zone Management Act (CZMA) / Coastal Area
Management Act (CAMA) N/A
N/A
FEMA Floodplain Compliance
N/A
N/A
Essential Fisheries Habitat
No
N/A
N/A - Not Appk.blc
5.0 DETERMINATION OF CREDITS
Mitigation credits presented in Table 2 below are projections based upon site design. Upon completion
of site construction, the project components and credits data would be updated as appropriate in order
to be consistent with the as -built condition.
Harmon Dairy Phase 2 Stream Mitigation Plan 4 May 2017
N/A - Not Applicable
6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN
6.1 Design Approach
The restoration plan (Appendix D) provides for restoring bank and bed stability, promoting sediment
transport equilibrium over a range of discharges, and improving aquatic and terrestrial habitats.
Establishing and maintaining native forested riparian buffers along the stream banks would help
improve bank stability and reduce water temperatures as the canopy matures. Land uses in the
conservation easement areas would be restricted in order to protect planted vegetation and ensure
long-term recovery of riparian functions. Changes in hydraulic geometry features, such as the creation
of riffles and pools, would enhance habitat function and contribute to an overall improvement in habitat
diversity. The proposed project would also include removing invasive plant species and planting native
riparian buffer vegetation.
Stream restoration and enhancement would be accomplished using a natural channel design approach
to restore appropriate channel dimension, pattern, and/or profile. These improved conditions would
promote water and sediment transport equilibrium between the streams and their watersheds,
reconnect the streams to their floodplains (where present), and promote healthy in -stream and riparian
habitats.
Proposed restoration involves primarily excavation of new, off-line channels with restored dimension,
pattern and profile. The design approach for restoration reaches (R) would include both Priority 1 and
Priority 2 sections, depending on profile constraints. The Priority 1 approach raises a stream to its
original floodplain elevation, abandoning the old channel. The Priority 2 approach involves creating a
new stream channel and floodplain at the current channel elevation. In both cases, when abandoned,
Harmon Dairy Phase 2 Stream Mitigation Plan 5 May 2017
Table 2. Projected Mitigation Credits
Harmon Dairy Stream Mitigation Project - Phase 2
Mitigation Credit Summaries
Stream
Riparian Wetland
Non -Riparian
Wetland
Buffer
Nitrogen Nutrient
Offset
Phosphorous Nutrient Offset
Overall Credit
3,879
N/A
I N/A
N/A
N/A
N/A
N/A
Project Components
Project Component or Reach
ID
Stationing
Pre -project Restoration
Footage or Footage or Restoration
Acreage Acreage Level
Restoration
or Rest
Equiv.
Mitigatio Mitigation Notes
n Ratio Credits
UT 2, Reach 1
0+01 -4+06
405 405 P
P
10
41
UT 2, Reach 2
4+06-7+90
384 384 E2
E
2.5
154
UT 2, Reach 3
7+90-22+65
1,475 1,475 E 1
E
1.5
983 esmt break included
UT 2, Reach 4
22+90 - 31+28
831 838 R
R
1
838
UT 3, Reach 1
100+00 - 100+48
48 48 E2
E
2.5
19
UT 3, Reach 2
100+48 - 112+33
1185 1,160 E1
E
1.5
773 esmt break included
UT 3, Reach 3
112+33 - 115+62
329 329 P
P
10
33
UT 3, Reach 4
115+62 - 124+82
944 920 R
R
1
920
UT4
1+14-3+61
247 247 P
P
10
25
UT5
1+00-3+33
233 233 E2
E
2.5
93
Length and Area Summations
Restoration Level
Stream (Linear Feet)
Non -riparian
Riparian Wetland (acres) Wetland
acres
Buffer (Square feet)
Upland (acres)
Riverine Non-Riverine
Restoration
1,758
Enhancement
3,300
Preservation
981
N/A - Not Applicable
6.0 MITIGATION WORK PLAN AND MANINTENANCE PLAN
6.1 Design Approach
The restoration plan (Appendix D) provides for restoring bank and bed stability, promoting sediment
transport equilibrium over a range of discharges, and improving aquatic and terrestrial habitats.
Establishing and maintaining native forested riparian buffers along the stream banks would help
improve bank stability and reduce water temperatures as the canopy matures. Land uses in the
conservation easement areas would be restricted in order to protect planted vegetation and ensure
long-term recovery of riparian functions. Changes in hydraulic geometry features, such as the creation
of riffles and pools, would enhance habitat function and contribute to an overall improvement in habitat
diversity. The proposed project would also include removing invasive plant species and planting native
riparian buffer vegetation.
Stream restoration and enhancement would be accomplished using a natural channel design approach
to restore appropriate channel dimension, pattern, and/or profile. These improved conditions would
promote water and sediment transport equilibrium between the streams and their watersheds,
reconnect the streams to their floodplains (where present), and promote healthy in -stream and riparian
habitats.
Proposed restoration involves primarily excavation of new, off-line channels with restored dimension,
pattern and profile. The design approach for restoration reaches (R) would include both Priority 1 and
Priority 2 sections, depending on profile constraints. The Priority 1 approach raises a stream to its
original floodplain elevation, abandoning the old channel. The Priority 2 approach involves creating a
new stream channel and floodplain at the current channel elevation. In both cases, when abandoned,
Harmon Dairy Phase 2 Stream Mitigation Plan 5 May 2017
the old channel would be filled with spoil produced by the excavation of the new channel and
floodplain. Partially filled abandoned channel segments would serve as vernal pool habitat features.
In reaches designated for enhancement (E1 or E2), the design approach will include stabilizing eroding
banks, providing in -stream grade control, installing livestock fencing, removing invasive exotic plants and
planting native riparian trees and shrubs. Additional enhancements will include stabilizing areas of
concentrated flow (primarily where cattle trails cross the streams) by filling these areas with compacted
soil and/or installing vegetated diversion berms to promote sheet flow into the riparian buffers. In
reaches planned for E1 level treatment, channel dimension and profile will be addressed where
appropriate.
Stream restoration and enhancement measures have been designed using a combination of analytical
data and reference reaches from stable reaches found with a similar valley type. The project design also
incorporates natural materials, such as gravel, cobble and logs in order to improve in -stream habitat and
provide lateral stability. Bioengineering measures would be installed on restored stream banks,
particularly at the outside meander bends where stresses are high, in order to promote bank stability
and quickly establish a near -bank vegetative cover.
Sediment transport competence analyses have been performed to check that the designed channels
would transport the size of sediment available within the watershed. The analyses, summarized in
Appendix C, indicate that the design stream reaches would have bankfull shear stresses capable of
mobilizing the mean grain diameter (D50) of the bed materials sampled in UT1, downstream of the
confluence of UT2 and UT3. Bed material sampling was not performed in UT2 and UT3 because the
majority of the stream beds were either bedrock/boulder dominated, too narrow to allow proper
sampling, or so heavily impacted by cattle and fine sediment inputs that sample results would be
considered suspect. Bed materials present in UT1 were transported through UT2 and UT3 and are
therefore considered reasonably representative of these upstream tributaries.
Bankfull dimensions and estimated bankfull discharge were evaluated based on site surveys, regional
hydraulic geometry relationships, and hydraulic modeling. The design bankfull dimensions, slope, and
discharge match regional relationships well.
6.2 Construction Schedule
Construction is estimated to last from three to five months, depending upon weather and the number of
crews. Installation of live stakes and buffer trees and shrubs would be performed during the dormant
winter months, regardless of when construction is completed. Construction is planned to begin within
two months of final design approval and receipt of permits.
6.3 Erosion and Sediment Control Measures
Construction phase erosion and sediment controls would be implemented in accordance with state
standards to ensure sediment resulting from project construction would remain on site. The contractor
would be instructed to disturb only as much ground as necessary to complete the active phase of work.
Silt fences would be placed around all temporary stockpiles. A pump -around flow diversion would be
employed in order to minimize downstream migration of fine sediment from work areas.
Harmon Dairy Phase 2 Stream Mitigation Plan 6 May 2017
Erosion control matting composed of natural biodegradable coir fiber would be installed along the
constructed channels or herbaceous cover would be established before water is turned into the new
channel segments. The erosion control matting would extend to the top of bank and would be secured
with wood stakes. Immediately following any ground disturbing activities, both a temporary cover seed
mix and a permanent native seed mix would be sown to provide immediate ground cover and stabilize
exposed soil. The newly constructed channel would be stabilized with native herbaceous vegetation and
live stakes after construction.
6.4 Stream Bank and Floodplain Re -Vegetation
The vegetative components of this project include stream bank and floodplain planting. Any areas of
the site that are disturbed, lack diversity, or might be adversely impacted by the construction process
would also be replanted. A buffer of woody and herbaceous species would be established within 50 feet
from the top of the stream banks using a native seed mix, bare -root seedlings and live stakes. Any areas
of the proposed mitigation site that are currently in pasture would be treated for fescue and ripped, if
necessary, prior to installation of bare root plants.
Planted trees and shrubs would provide a diversity of forest structure, forage value, filtering capacity,
soil stability, and riparian habitat. Planting zones on the site would mimic natural stream bank and
floodplain communities and would consider the frequency and magnitude of flows experienced by the
streams at the Harman Dairy site. Planting would commence in the dormant season after project
construction is completed to ensure that species are planted in suitable hydrologic regimes.
6.5 Invasive Species Control
Invasive exotic species are present within the proposed conservation easement. Invasive species would
be cut and treated with herbicide prior to grading and/or mechanically removed during grading. In
areas where grading operations would remove individual invasive plants, follow-up treatments would be
implemented as necessary to eradicate any new invasive populations. Invasive plants would be replaced
with native trees and shrubs.
6.6 Maintenance Plan
Maintenance of the newly constructed channels and all structures associated with the restoration would
be accomplished by TEP if the monitoring parameters for restored streams exceed the range of natural
variability established during the 7 -year monitoring period. Replacement planting would be performed
by TEP if stem counts fall below 320 stems per acre during the first 3 years, 260 stems per acre through
year 5, or 210 stems per acre through year 7. If any portion of the mitigation project fails to meet the
specified performance standards in a monitoring year, the reason(s) for this failure would be
determined and a corrective action plan (which would include proposed actions, a schedule, and
monitoring plan) would be prepared. TEP will also install and maintain the livestock fence for seven
years. The landowner will be responsible for maintaining the fence thereafter if the adjacent land uses
include livestock. If it is believed that corrective action to a problem area is not warranted, the
corrective action plan would state the reasons. Continued monitoring of the problem area may be
required.
Harmon Dairy Phase 2 Stream Mitigation Plan 7 May 2017
7.0 PERFORMANCE STANDARDS
In accordance with the provisions in CFR Title 33, "performance standards that will be used to assess
whether the project is achieving its objectives... and should relate to the objectives ... so that the project
can be objectively evaluated to determine if it is developing into the desired resource type, providing the
expected functions, and attaining any other applicable metrics".
Table 3 below lists proposed success criteria for each proposed ecological service enhancement. While
some success criteria are quantitative (e.g. bank height ratio) and others are qualitative (e.g.
observations of fine sediment deposition on the floodplain), each is measurable. Year to year
comparisons for the various parameters would allow adaptive management to be implemented early on
in the monitoring period if necessary in order to reduce the risk of widespread problems.
Table 3. Performance Standards
Parameter
Metrics/Success Criteria
a. Entrenchment ratio for reaches where ER is corrected through design
and construction shall be no less than 2.2.
Channel Stability
b. The stream project shall remain stable and all other performance
standards shall be met through two separate bankfull events,
occurring in separate years, during the monitoring years 1 through 7.
a. Density of 320 live, planted stems/acre at year 3; 260 live, planted
Riparian Buffer Vegetation
stems/acre at year 5; 210 live planted stems/acre at year 7.
b. Less than 10% cover of exotic/invasive species.
Project Boundary
a. 100% of fencing and signage to remain intact. No encroachment on
the easement.
Harmon Dairy Phase 2 Stream Mitigation Plan 8 May 2017
8.0 MONITORING REQUIREMENTS
Environmental components monitored in this project are those that allow an evaluation of stream
stability and vegetative survivability. The success of stream stability and woody vegetation plantings
would be evaluated for 7 years per the proposed guidance set forth by the North Carolina Interagency
Review Team's (NCIRT) "Monitoring Requirements and Performance Standards for Compensatory
Mitigation in North Carolina" — February 8, 2013 (USACE 2013).
Table 4. Monitoring Requirements
Required
Quantity
Frequency
Notes
Parameter
Pattern/profile survey will extend for
at least 20 bankfull widths per
As per North Carolina
restoration (R) reach. Annual profile
Pattern and Profile
Interagency Review
As -Built
surveys only required if channel
Team's Requirements
instability is observed. Problem areas
will be mapped and included on the
monitoring annual plan view
A minimum of one representative
As per North Carolina
As -Built,
riffle and pool cross section will be
Dimension
Interagency Review
Years 1, 2,
surveyed per 1,000 linear feet in R
Team's Requirements
3, 5, and 7
and E1 reaches. Problem areas will be
mapped and included on the
monitoring annual plan view
A crest gauge will be installed on site;
Surface Water
As per North Carolina
the device will be inspected on a
Hydrology
Interagency Review
Annual
semi-annual basis to document the
Team's Requirements
occurrence of bankfull events on the
project.
Vegetation will be monitored using a
As per North Carolina
As -Built,
standard sampling method and would
consist of 4 plots — 2 fixed plots and 2
Vegetation
Interagency Review
Years 1, 2,
random plots. Plots will be mapped
Team's Requirements
3, 5, and 7
and included on the monitoring
annual plan view
Locations of exotic and nuisance
Exotic and nuisance
Annual
vegetation will be mapped and
vegetation
included on the monitoring annual
plan view.
Locations of fence damage,
vegetation damage, boundary
Project boundary
Annual
encroachments, etc. will be mapped
and included on the monitoring
annual plan view.
Reference photographs will be made
at selected overviews and near -
Photographs
Annual
stream locations. Photo stations will
be included on the monitoring annual
plan view.
Harmon Dairy Phase 2 Stream Mitigation Plan 9 May 2017
9.0 LONG TERM MANAGEMENT PLAN
Upon close out by the Corps, the site would remain owned by the Harmons and the conservation
easement would be held by the Polk County SWCD. A stewardship fee of $15,000 would be paid to the
Polk County SWCD. Polk County SWCD will hold the funds in a non -wasting individual account unique
for the Harmon Dairy Phase 1 and 2 projects only. The fee is based upon the amount of interest,
generated from an endowment, necessary to cover stewardship cost. This fee would cover
encroachment monitoring on the easement and reporting, and any legal fees incurred defending the
easement. Additionally, a long-term maintenance and management fee has been added as a line item
on the cost estimate table in the Financial Assurances section below.
10.0 ADAPTIVE MANAGEMENT PLAN
Project maintenance would be performed as described above. If, during the course of annual
monitoring it is determined the site's ability to achieve site performance standards is jeopardized, the
applicant would notify the Corps and DWR of the need to develop an Adaptive Management Plan. Once
the Adaptive Management Plan is prepared and finalized the applicant would:
1. Notify the Corps and DWR.
2. Revise performance standards, maintenance requirements, and monitoring requirements as
necessary and/or required by the Corps and DWR.
3. Obtain other permits as necessary.
4. Implement the Adaptive Management Plan.
S. Provide the Corps and DWR with documentation of corrective action. This report would
depict the extent and nature of the work performed.
11.0 FINANCIAL ASSURANCES
A Performance Bond in the amount of total cost through the end of construction ($540,000) would be
held by Conservation United. A draft bond is included for review (Appendix Q. Cost of the project is
outlined below.
Table 5. Cost Estimates for Financial Assurances
Treatment
Unit Cost ($/LF)
Length(LF)
Estimated Cost
Restoration
$ 90.00
1785
$ 160,000
Enhancement 1
$ 60.00
2635
$ 160,000
Enhancement 2
$ 30.00
665
$ 20,000
Invasive Plant Removal
$ 20,000
Riparian Buffer Planting
$ 60,000
Repair Contingency &
Maintenance in Short Term
(20%+/-)
Total Through the End of
Construction
As -Built
$ 90,000
$ 540,000
$ 30,000
$14,000
Monitoring -Year 1
Harmon Dairy Phase 2 Stream Mitigation Plan 10 May 2017
Monitoring - Year 2
$14000
Monitoring - Year 3
$14,000
Monitoring - Year 4
$14,000
Monitoring - Year 5
$14,000
Monitoring - Year 6
$14,000
Monitoring - Year 7
$14,000
Closeout
$7,000
Total for 7 Years Monitoring
$ 105,000
Long Term Maintenance and
Management (10% +/-)
$ 15,000.00
Harmon Dairy Phase 2 Stream Mitigation Plan 11 May 2017
12.0 REFERENCES
NCGS (North Carolina Geological Survey). 2004. Physiography of North Carolina. Map compiled
by the Division of Land Resources. Raleigh.
Rosgen, Dave. 1996. Applied River Morphology, Wildland Hydrology.
USACE (U.S. Army Corps of Engineers). 2003. Stream Mitigation Guidelines. U.S. Army Corps of
Engineers — Wilmington District, U.S. Environmental Protection Agency, North Carolina
Wildlife Resources Commission, and North Carolina Department of Environment and
Natural Resources Division of Water Quality. Wilmington, North Carolina.
USACE (U.S. Army Corps of Engineers). 2013. Monitoring Requirements and Performance
Standards for Compensatory Mitigation in North Carolina. North Carolina Interagency
Review Team (NCIRT).
Harmon Dairy Phase 2 Stream Mitigation Plan 12 May 2017
Appendix A
Figures
Appendix B
Conservation Easement
Harmon ®airy Stream Mitigation Site, Phase 2 (+/- 14 AC
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Figure 1
32 Clayton Street
Asheville, NC 28801
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32 Clayton street Figure 2
Asheville, NC 28801
Harmon Dairy Stream Mitigation Site, Phase 2 (+/- 14 AC)
Harmon Dairy Stream Mitigation Site, Phase 2 (+/- 14 AC)
Jurisdictional wellands and waters identified on this map have been located within sub -meter acooracy
utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential
correction of Mat dela. GPS points may demonstrate uncorrectable enors due to topography, vegetative
2,596
cover, and/or signal
3,214
illusmullrateath anon
Nada: The wetland and stream are nate. These meets have been sagged M the
61
ed, Although
they have not been surveyed. Clear Environmental
ex,Tay ental Consultants, Inc. (CEC)
ld;co hewn
251
of Engineers
is Corps Engineers (Corps) u Me only agency that
u confident in our assessment, Meal Any Carps make
in ( ps) is t
739
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at dined. CEC Therefore, all
jurisdictional we0mntl and waters of Ms
final decisions regardingsubject
are subject obtained. recommends
Mange unix written veo cbsin is obtained. CEC strongly recommends that
drifter
6j51
l e a
verification be obtained from the Corps prior to cbsmg on Me property, beginning any site wok, or
waken v
making any legal reliance on this determination.
any al r
This map was prepared by CEC using the best information available to CEC at the time of production. This
map is for informational purposes only and should not be used to determine precise boundaries, roadways,
property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of
any data depicted.
Source Date: Topa is from Polk County
IN
Potentielly Jurisdictions] Water, Phase
Wedend(AQ IStreem(IF)
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6j51
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Legend V �W 111'� N
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Phase 2 Stream `- -
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i
Stream Mitigation Butter Phase 2 (+/- 14 AC)
Property Boundary �_� �r 0 125 250 500
CpNcure ��.��� Feel
Stream & Wetland
Polk County, C� _ r Phase 2 Delineation Map
North Carolina 32 Clayton Street Delineated October 19, 2016
Asheville, NC 28801 Figure 4
Appendix B
Conservation Easement
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day
of , 2017 by and between Jandy Land Company, LLC, ("Grantor") and
Polk County Soil and Water Conservation District ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Polk County, North Carolina, more particularly described in Exhibit A attached hereto and
incorporated herein ("Property");
WHEREAS, Grantee is a public body of the state of North Carolina, and is qualified to be
the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic
value of the property in its natural state, as restored, and the purpose of this Conservation
Easement is to restore and maintain riparian resources and other natural values of the Property, and
prevent the use or development of the Property for any purpose or in any manner that would
conflict with the maintenance of the Property in its natural condition.
WHEREAS, the restoration and preservation of the Property is a condition of Department
of the Army permit Action ID 2013-02262 issued by the Wilmington District Corps of Engineers,
which requires mitigation for unavoidable stream and/or wetland impacts authorized by that
permit.
R&8 1831600_1
WHEREAS, Grantor conveyed a Permanent Conservation Easement to Grantee on other
property owned by Grantor by deed dated January 19, 2017 and recorded in Deed Book 424 at
Pages 1193-1201, Polk County Registry, said Permanent Conservation Easement being a
condition of Army Permit Action ID 2013-02262;
WHEREAS, Grantor intends, by means of this conveyance, to convey a second Permanent
Conservation Easement to Grantor, said second Permanent Conservation Easement also being a
condition of Army Permit Action ID 2013-02262;
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held
by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor
agencies), and that these rights are in addition to, and do not limit, the rights of enforcement under
said permit.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation
Easement of the nature and character and to the extent hereinafter set forth, over the Property
described on Exhibit A, together with the right to preserve and protect the conservation values
thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's
personal representatives, heirs, successors and assigns, lessees, agents and licensees.
ARTICLE H.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from
any development that would impair or interfere with the conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of
the natural features of the Property or any introduction of non-native plants and/or animal species
is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or
above the Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
R&8 1831600_1
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal husbandry
and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions
or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor
as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
or any placement of underground or aboveground storage tanks or other materials on the Property
is prohibited.
I. Excavation. Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the easement area by any means, removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Ri ts. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property substantially
in its natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors
or assigns, the right to continue the use of the property for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property,
the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell,
R&S 1831600_1
transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or
gift conveyance is subject to the terms of, and shall specifically reference, this Conservation
Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors
and assigns, the right to construct wetland and stream mitigation on the Property, in accordance
with the Harmon Dairy Stream Mitigation Plan — Phase 2 dated May 31, 2017 prepared by
Clearwater Environmental and Wildlands Engineering.
ARTICLE IV
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Corps, shall
have the right to enter the Property at all reasonable times for the purpose of inspecting said
property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement.
The Grantee shall also have the right to enter and go upon the Property for purposes of making
scientific or educational observations and studies, and taking samples. The easement rights
granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity
on or use of the Property that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Property that may be damaged by such activity or use.
Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention
of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall
have 30 days after receipt of such notice to correct the conditions constituting such breach. If the
breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding
the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary
restraining order, injunctive or other appropriate relief if the breach of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee acknowledge that under
such circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection with this
Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's
expenses, court costs, and attomeys' fees, shall be paid by Grantor, provided Grantor is determined
to be responsible for the breach. The Corps shall have the same right to enforce the terms and
conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee
to bring any action against Grantor for any injury or change in the Property resulting from causes
R&S 1831600_1
beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or
third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to
this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy
all the benefits derived from and arising out of this Conservation Easement, and that Grantor will
warrant and defend title to the Property against the claims of all persons.
B. Subsequent Transfers, The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days
prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation
Easement shall survive any merger of the fee and easement interests in the Property or any portion
thereof and shall not be amended, modified or terminated without the prior written consent and
approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and
agrees, that in the event it transfers or assigns this Conservation Easement, the organization
receiving the interest will be a qualified holder under N.C, Gen, Stat. § 121-34 et seq. and § 170(h)
of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
D. Entire Agreement and Severability. This instrument sets forth the entire agreement of
the parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder
shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or
other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any
costs or liability of any kind related to the ownership, operation, insurance, upkeep, or
maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve
R&S 1831600_1
the Grantor of the obligation to comply with federal, state or local laws, regulations and permits
that may apply to the exercise of the Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes, this Conservation Easement may only be
extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to
recover the full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds, This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or
involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee
shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that
the fair market value of this Conservation Easement shall be determined by multiplying the fair
market value of the Property unencumbered by this Conservation Easement (minus any increase in
value after the date of this grant attributable to improvements) by the ratio of the value of this
easement at the time of this grant to the value of the Property (without deduction for the value of
this Conservation Easement) at the time of this grant. The values at the time of this grant shall be
the values used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible
for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the
purposes of this Conservation Easement.
I. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
To Grantor:
Jandy Land Company, LLC
57 Noble Road
Fairview, NC 28730
Phone: (828) 458-0088
To Grantee:
Polk County Soil & Water District
156 School Road
Mill Spring, NC 28756
Fax: (828) 894-2231
To the Corps:
Carl Pruitt
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Fax: (910) 251-4044
R&S 1831600_1
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time
after the occurrence of one of these events Grantee fails to make an assignment pursuant to this
Conservation Easement, then the Grantee's interest shall become vested in another qualified
grantee in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in writing signed
by all parties hereto, and provided such amendment does not affect the qualification of this
Conservation Easement or the status of the Grantee under any applicable laws, and is consistent
with the conservation purposes of this grant.
L. Present Condition of the Property. The wetlands, scenic, resource, environmental,
and other natural characteristics of the Property, and its current use and state of improvement, are
described in the Harmon Dairy Stream Mitigation Plan — Phase 2 dated May 31, 2017 and
updated December 29, 2016 prepared by Clearwater Environmental and Wildlands Engineering
and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof.
Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that
any future changes in the use of the Property will be consistent with the terms of this Conservation
Easement. However, this report is not intended to preclude the use of other evidence to establish
the present condition of the Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the
aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
R&S 1831600_1
IN WITNESS WHEREOF, Grantors have executed this Permanent Conservation Easement this
day of 2017.
Grantor:
Jandy Land Company, LLC
M
Polk County Soil and Water Conservation District
0
NORTH CAROLINA
COUNTY OF
I,
a Notary Public for
County, North Carolina, do hereby certify that
Manager of Jandy Land Compnay, LLC, a limited liability company
personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
, 2017.
[SEAL]
Notary Public
My commission expires
R&S 1831600_1
APPENDIX C:
GEOMORPHIC DATA
CALCULATIONS
PHOTOGRAPHS
894
892
c 890
0
a'> 888
w
886
884
60 65
Elevation (ft)
Bankfull Dimensions
6.2
x -section area (ft.sq.)
7.9
width (ft)
0.8
mean depth (ft)
1.0
max depth (ft)
8.5
wetted parimeter (ft)
0.7
hydrualic radius (ft)
10.2
width -depth ratio
Bankfull
Flow
5.7 velocity (ft/s)
35.1 discharge rate (cfs)
1.17 Froude number
UT2,13+25
70
75
80
85 90
Width (ft)
Flood Dimensions
Materials
14.2
W flood prone area (ft)
---
D50 (mm)
1.8
entrenchment ratio
---
D84 (mm)
4.0
low bank height (ft)
60
threshold grain size (mm):
4.0
low bank height ratio
Flow Resistance
Forces &
Power
0.035
Manning's roughness
2.7
channel slope (%)
0.16
D'Arcy-Weisbach fric.
1.23
shear stress (Ib/sq.ft.)
---
resistance factor u/u*
0.80
shear velocity (ft/s)
---
relative roughness
7.4
unit strm power (Ib/ft/s)
-
®
UT2, 27+50
855
854
853
Z
852
c
.0
851
----
-------- -------------
------------------------
76
a'>
850
w
849
848
847
40
50
60
70 80
90 100
Width (ft)
Bankfull
Dimensions
Flood Dimensions
Materials
6.6
x -section area (ft.sq.)
11.6
W flood prone area (ft)
---
D50 (mm)
8.9
width (ft)
1.3
entrenchment ratio
---
D84 (mm)
0.7
mean depth (ft)
3.0
low bank height (ft)
57
threshold grain size (mm):
1.0
max depth (ft)
3.0
low bank height ratio
9.6
wetted parimeter (ft)
0.7
hydrualic radius (ft)
12.2
width -depth ratio
Bankfull
Flow
Flow Resistance
Forces &
Power
5.4
velocity (ft/s)
0.035
Manning's roughness
2.7
channel slope (%)
35.7
discharge rate (cfs)
0.16
D'Arcy-Weisbach fric.
1.16
shear stress (Ib/sq.ft.)
1.16
Froude number
---
resistance factor u/u*
0.77
shear velocity (ft/s)
---
relative roughness
6.7
unit strm power (Ib/ft/s)
Cross,
e
UT3, 104+50
910
909
S
908
c
°
------------------------------
ro
907
w
906
905
60
65
70 75
80 85
Width (ft)
Bankfull
Dimensions
Flood Dimensions
Materials
4.5
x -section area (ft.sq.)
21.9
W flood prone area (ft)
---
D50 (mm)
10.1
width (ft)
2.2
entrenchment ratio
---
D84 (mm)
0.4
mean depth (ft)
1.1
low bank height (ft)
55
threshold grain size (mm):
1.0
max depth (ft)
1.1
low bank height ratio
10.5
wetted parimeter (ft)
0.4
hydraulic radius (ft)
22.7
width -depth ratio
Bankfull
Flow
Flow Resistance
Forces &
Power
4.9
velocity (ft/s)
0.035
Manning's roughness
4.25
channel slope (%)
22.1
discharge rate (cfs)
0.19
D'Arcy-Weisbach fric.
1.12
shear stress (Ib/sq.ft.)
1.34
Froude number
---
resistance factor u/u*
0.76
shear velocity (ft/s)
---
relative roughness
5.8
unit strm power (Ib/ft/s)
865
860
855
c
0
m 850
LU
845
840
40 50
Bankfull Dimensions
8.9
x -section area (ft.sq.)
19.0
width (ft)
0.5
mean depth (ft)
0.8
max depth (ft)
19.3
wetted parimeter (ft)
0.5
hydrualic radius (ft)
40.3
width -depth ratio
Bankfull
Flow
3.0 velocity (ft/s)
26.9 discharge rate (cfs)
0.78 Froude number
UT3 122+00
60 70 80
Width (ft)
Flood Dimensions
61.4 W flood prone area (ft)
3.2 entrenchment ratio
4.0 low bank height (ft)
4.9 low bank height ratio
Flow Resistance
UMb manning's roughness
0.18 D'Arcy-Weisbach fric.
--- resistance factor u/u*
--- relative roughness
90 100 110 120
Materials
--- D50 (mm)
--- D84 (mm)
20 threshold grain size (mm):
Forces & Power
1.39
channel slope (%)
0.40
shear stress (Ib/sq.ft.)
0.46
shear velocity (ft/s)
1.23
unit strm power (Ib/ft/s)
70
ti
mol rA VITI, A I I I'M So I Q
. •
//
1
�
'
UT2 Phase 2, Typical Section Design
RIFFLE SECTION
9.32
Regional Curve Estimate to d/s end
0.64
Right Bank Slope, x:1
3
DA (sq. mi.)
0.09
Left Bank Slope, x:1
3
NC Mountains (area)
4.2
Max Depth (ft)
1
NC Mountains (discharge)
16.1
Bottom Width (ft)
3
Area
6
NC rural Piedmont (area)
4.2
Bankfull Width (ft)
9
NC rural Piedmont (discharge)
15.7
Bankfull Depth (ft)
0.67
1.5
W/D ratio
13.50
USGS 2 year discharge
Ave Width (ft) =
NC Hydro Area 1
33
NC Hydro Area 2
17
Discharge Calculation overall reach
Q = 1.49/n R2/3 s1/2 A
WP (ft)
9.32
R (ft)
0.64
design slope
0.030
Channel n
0.045
Q (cfs)
26
RIFFLE SECTION
Right Bank Slope, x:1
Left Bank Slope, x:1
Max Depth (ft)
Bottom Width (ft)
Area
Bankfull Width (ft)
Bankfull Depth (ft)
W/D ratio
Ave Width (ft) _
UT3 Phase 2, Typical Section Design
Regional Curve Estimate to d/s end
3 DA (sq. mi.)
3 NC Mountains (area)
1 NC Mountains (discharge)
4
7 NC rural Piedmont (area)
10 NC rural Piedmont (discharge)
0.70 1.428571
14.29 USGS 2 year discharge
NC Hydro Area 2
Discharge Calculation overall reach
Q = 1.49/n R2/1 s1/2 A
WP (ft)
10.32
R (ft)
0.68
design slope
0.022
Channel n
0.045
Q (cfs)
26
0.16
6.2 sf
25.0 cfs
6.2 sf
23.8 cfs
26 cfs
W
92 +
0
UT2 Design
5 10 15 20 25 30
Width (ft)
Bankfull Dimensions Flood Dimensions
6.0
x -section area (ft.sq.)
9.0
width (ft)
0.7
mean depth (ft)
1.0
max depth (ft)
9.3
wetted parimeter (ft)
0.6
hydraulic radius (ft)
13.5
width -depth ratio
Bankfull
Flow
4.3 velocity (ft/s)
25.7 discharge rate (cfs)
0.94 Froude number
29.0 W flood prone area (ft)
3.2 entrenchment ratio
1.0 low bank height (ft)
1.0 low bank height ratio
Flow Resistance
U.U45
Manning's roughness
0.27
D'Arcy-Weisbach fric.
6.2
resistance factor u/u*
3.4
relative roughness
35 40 45 50 55 60
Materials
25 D50 (mm)
60 D84 (mm)
59 threshold grain size (mm):
Forces & Power
3 channel slope (%)
1.20 shear stress (Ib/sq.ft.)
0.79 shear velocity (ft/s)
5.3 unit strm power (Ib/ft/s)
C*OWSOCftrt
UT3 Design
100
99
98
97
96
95
w
94
93
92
0
10
20
30 40
50 60
Width (ft)
Bankfull
Dimensions
Flood Dimensions
Materials
7.0
x -section area (ft.sq.)
30.0
W flood prone area (ft)
25
D50 (mm)
10.0
width (ft)
3.0
entrenchment ratio
60
D84 (mm)
0.7
mean depth (ft)
1.0
low bank height (ft)
46
threshold grain size (mm):
1.0
max depth (ft)
1.0
low bank height ratio
10.3
wetted parimeter (ft)
0.7
hydraulic radius (ft)
14.3
width -depth ratio
Bankfull
Flow
Flow Resistance
Forces &
Power
3.8
velocity (ft/s)
0.045
Manning's roughness
2.2
channel slope (%)
26.5
discharge rate (cfs)
0.27
D'Arcy-Weisbach fric.
0.93
shear stress (Ib/sq.ft.)
0.81
Froude number
6.3
resistance factor u/u*
0.69
shear velocity (ft/s)
3.6
relative roughness
3.6
unit strm power (Ib/ft/s)
i
E
C
1 000
100
10
0.1
0.001 0.01 0.1 1 10
Critical Shear Stress (lbs/sq ft)
RANGE OF SHEAR
STRESS AND MOBILE
GRAIN SIZES
dosgen's Data - Colorado, VSA,
Iravel-bed streams
Shields Data - misc. labarotory and
ield sources
Shields Curve for Threshold of Motion
100
90
80
70
0
0
60
50
U
y 40
v
30
20
10
0
UT to Mary's Branch - XS1
Zigzag Pebble Count Particle Distribution
Silt/Clay Sand
Gravel
Cobble
Boulder
,
Bedrock
,
,
w
Al- -AIF ----- -
0.01 0.1 1 10 too 1000 10000
Particle Class Size (mm)
ton
80
70
0
0
60
50
U
y 40
U
�I
30
20
10
0
UT to Mary's Branch - XS2
Zigzag Pebble Count Particle Distribution
Silt/Clay Sand
Gravel
Cobble
Boulder
Bedrock
r
771�
r
r
■
;
r
;r
;
i,
0.01 0.1 1 10 100 1000 10000
Particle Class Size (mm)
SIEVE ANALYSIS SUMMARY
Largest Particle Size: 35 mm
Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils"
L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016
WEI PROJECT NO. 005-20285
SITE OR PROJECT:
Harmon Dairy
REACH/LOCATION:
Bar at XS2
DATE COLLECTED:
4/25/2016
FIELD COLLECTION BY:
SEG
DATA ENTRY BY:
SEG
Largest Particle Size: 35 mm
Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils"
L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016
RETAINED ON SIEVE
PARTICLE CLASS WEIGHT (g)
Class
Cumulative
MATERIAL
PARTICLE
SIZE (mm)
SIEVE SIZE (mm)
SIEVE NUMBER
Raw
Tare
Net
%
%
Silt / Clay
< .063
1945.4
367.2
1578.2
38%
38%
Very Fine
063-125 .125
0.063
#230
0.0
0%
38%
ossa sNaDse
Fine
.125-25 .25
0.125
#120
0.0
0%
38%
A
Medium
.25-.50
0.25
#60
0.0
0%
38%
Coarse
.50 - 1.0
0.5
#35
0.0
0%
38%
Very Coarse
1.0-2.0
1.0
#18
1057.3
479.1
578.2
14%
51%
o go oa
Very Fine
2.0-4.75
2.0
#10
1149.3
494.6
654.7
16%
67%
Fine - Medium
4.75-12.5
4.75
#4
1375.3
513.0
862.3
21%
87%
GRAVEL
Medium - Coarse
12.5-25
12.5
1/2 IN
1072.4
541.0
531.4
13%
100%
Coarse
25-45
25
1 IN
0.0
0%
100%
oCb`c
Very Coarse
45-64
0.0
0%
100%
O
Small
64-90
0.0
0%
100%
COBBLE
Small
90-128
0.0
0%
100%
Large
128-180
0.0
0%
100%
Large
180-256
0.0
0%
100%
Small
256-362
0.0
0%
100%
BOULDER
Small
362-512
0.0
0%
100%
Medium
512-1024
0.0
0%
100%
Large - Very Large
1024-2048
0.0
0%
100%
BEDROCK
Bedrock
> 2048
0.0
0%
100%
Total
6599.7
2394.9
4204.8
100%
Largest Particle Size: 35 mm
Refer to ASTM D 422-63 "Standard Test Method for Particle -Size Analysis of Soils"
L:\Active Projects\005-20285 TIEC Stream Mitigation\Harmon Dairy Site\sediment\SIEVE ANALYSIS - bar sample.xls, Data 6/3/2016
^ 0.. 4P ,
10 �
a -
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f . r " � � .ter � •� t-'4.^�' � � _- `� X
r � � � � } w oda t � �,t �� - •
�' SEs _ SZ" Y`� � _-,.�,�•. ��i� . - r 'Ji - , y. Y � +` � S` 4. _-
.r
_ `• � y4.r .! , y •; ,�- Y - �!-«_ do -. .
4.
.G�t
q R
r
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1
r
.G�t
q R
r
.
Appendix D
Restoration Plan
Harmon Dairy Stream Restoration -
Phase II
Polk County, NC
for
Tryon Equestrian Partners, LLC
Vicinity Map
Not to Scale
BEFORE YOU DIG!
CALL 1-800-632-4949
N.C. ONE -CALL CENTER
IT'S THE LAW!
PRELIMINARY PLANS
ISSUED MAY 30, 2017
Sheet Index
Title Sheet
0.1
Project Overview
0.2
General Notes and Symbols
-
Typical Sections
0.4
UT 2 Plan and Profile Sheets
1.1-1.6
r�
2.1-2.6
UT 4 and UT 5 Plan Sheet
3.1
Details
0
1 o
O H,ro�a
L
cam°
v
o
lml
o
o
t
w
F -H 1
D EEO
1291rlw
a'
a
.a
o
r
-
*,\SITE
cs
�
Vicinity Map
Not to Scale
BEFORE YOU DIG!
CALL 1-800-632-4949
N.C. ONE -CALL CENTER
IT'S THE LAW!
PRELIMINARY PLANS
ISSUED MAY 30, 2017
Sheet Index
Title Sheet
0.1
Project Overview
0.2
General Notes and Symbols
0.3
Typical Sections
0.4
UT 2 Plan and Profile Sheets
1.1-1.6
UT 3 Plan and Profile Sheets
2.1-2.6
UT 4 and UT 5 Plan Sheet
3.1
Details
4.1-4.4
Project Directory
Engineering:
Wildlands Engineering, Inc
License No. F-0831
167-B Haywood Road.
Asheville, NC 28806
Andrew Bick, PE
828.774.5547
Surveying:
Ivan K. Graudszus
Professional Surveying PLLC.
P.O. Box 1161
206 N. Main Street
Rutherfordton, NC 28139
828.287.7059
Owner:
Tryon Equestrian Partners, LLC
4066 Pea Ridge Road
Mill Spring, NC 28756
828.863.1000
R
VA
Construction Notes:
GENERAL NOTES:
1. CONTACT NORTH CAROLINA "ONE CALL" CENTER (1-800-632-4949) PRIOR TO
COMMENCEMENT OF WORK. ALL DAMAGE TO UTILITIES BY CONTRACTOR
SHALL BE REPAIRED AT CONTRACTOR'S EXPENSE.
2. CONTRACTOR TO REPAIR DISTURBED AREAS TO PRE -PROJECT CONDITIONS.
3. CONTRACTOR SHALL DISPOSE OF EXCESS SOIL IN DESIGNATED SOIL DISPOSAL
AREAS. CLEARED AND GRUBBED MATERIALS INCLUDING TREES, SHRUBS, AND
INVASIVE SPECIES SHALL BE BURNED ON PROJECT SITE AFTER OBTAINING
NECESSARY PERMITS. NO EXCAVATED MATERIALS MAY LEAVE THE PROPERTY.
EROSION CONTROL NOTES:
1. CONTRACTOR SHALL INSTALL AND MAINTAIN EROSION AND SEDIMENT
CONTROL DEVICES IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL
REQUIREMENTS. ADDITIONAL EROSION AND SEDIMENT CONTROL BASED
ON WEATHER CONDITIONS OR ADDITIONAL DISTURBANCE SHALL BE AT
CONTRACTOR'S EXPENSE.
2. LOCATE EQUIPMENT AND MATERIALS IN DESIGNATED STAGING AREAS.
CONSULT WITH ENGINEER BEFORE UTILIZING ANY STAGING AREAS NOT
DEPICTED ON PLANS. ENGINEER WILL CONTACT ARO/LAND QUALITY
INSPECTOR FOR PRIOR APPROVAL TO ANY REVISIONS.
3. PUMP -AROUND FLOW DIVERSION SHALL BE IN PLACE PRIOR TO BEGINNING
ANY IN -STREAM WORK. SEE SHEET 4.2.
4. INSTALL SILT FENCE ON STREAM SIDE OF ALL SOIL STOCKPILE AREAS OR
STAGING AREAS THAT CREATE BARE GROUND CONDITIONS.
5. INSTALL APPROPRIATE EROSION AND SEDIMENT CONTROL DEVICES PRIOR
TO COMMENCING EARTHWORK AND IN -CHANNEL WORK. THIS INCLUDES
ALL SILT FENCE, TEMPORARY STREAM CROSSINGS THAT MAY BE UTILIZED
DURING THE WORK DAY, AND THE PUMP AROUND SYSTEM.
6. EQUIPMENT BROUGHT TO PROJECT SITE SHALL BE CLEAN AND FREE OF
LEAKS.
7. CONTRACTOR SHALL PERFORM FUELING AND MAINTENANCE ACTIVITIES AT
LEAST 100 FEET AWAY FROM STREAM AND SHALL MANAGE ALL FLUIDS TO
PREVENT LEAKING ONTO GROUND OR TO ALLOW FOR IMMEDIATE
CLEAN-UP.
8. STREAM WORK SHALL BE LIMITED TO AN AREA THAT CAN BE STABILIZED
WITH SEED, STRAW AND MATTING BY THE END OF EACH WORK DAY.
9. HAUL ROADS, SOIL DISPOSAL AREAS, STAGING AREAS AND OTHER UPLAND
AREAS DISTURBED DURING CONSTRUCTION SHALL BE STABILIZED WITH
SEED AND MULCH UPON COMPLETION OF GRADING ACTIVITIES. SEE SHEET
4.3 FOR SEED MIXES.
10. NO MATERIAL FROM THE OFF-LINE CHANNEL EXCAVATION MAY BE
BACKFILLED INTO ADJACENT, ABANDONED CHANNEL SEGMENTS UNTIL THE
NEWLY CONSTRUCTED CHANNEL SECTION HAS BEEN COMPLETED AND
STABILIZED AND THE STREAM FLOW HAS BEEN DIVERTED INTO THE NEWLY
CONSTRUCTED CHANNEL SECTION.
Existing Features
Existing Property Line
- - - - - - 850- - - - - - - Existing Major Contour (5' Interval)
Existing Minor Contour
Existing Fence
10+00
I Existing Thalweg Alignment
- - - - - - - - - - - - - Existing Stream Channel
Existing Tree
Ground Stabilization Requirements per NCG01
Site Area Description
Stabilization Time
Stabilization Time Frame
Frame
Exceptions
Perimeter dikes, swales,
7 days
None
ditches and slopes
See Sheet 4.1
10+00
High Quality Water
7 days
None
(HQW) Zones
- �- -
Proposed Thalweg Alignment
Slopes Steeper than 3:1
7 days
If slopes are 10' or less in length
and are not steeper than 2:1, 14
Proposed Brush Mattress
days are allowed
Slopes flatter than 3:1
14 days
7 days for slopes > than 50' in
See Sheet 4.1
length
All other areas with
14 days
None (except for perimeters and
slopes 4.1
p
H QW)
Q
Extensions of time may be approved by the permitting authority based on
weather or other site-specific conditions that make compliance impracticable.
Inspection and Record Keeping Requirements per NCG01
Measures shall be inspected once per 7 calendar days and within 24 hours of a rainfall
event of greater than 0.5" per 24 hour period. Corrective actions shall be performed as
soon as possible before the next storm event. Records must be kept on-site and available
for review during construction and must be maintained for 3 years and be available upon
request. A rain gauge must be installed at the site.
ABBREVIATED CONSTRUCTION SEQUENCING:
PRE -MOBILIZATION - SCHEDULE AND ATTEND PRE -CONSTRUCTION MEETING. CONTACT NC DEMLR TO NOTIFY OF
INTENT TO BEGIN CONSTRUCTION AT LEAST 72 HOURS BEFORE MOBILIZATION.
PHASE 1 - MOBILIZATION AND SITE PREP
1. MOBILIZE EQUIPMENT AND MATERIALS TO THE SITE. LOCATE LIMITS OF DISTURBANCE. ESTABLISH STAGING
AREAS, HAUL ROADS, SILT FENCES AND OTHER BMPS. INSTALL RAIN GAGE AND LOCATION FOR MAINTAINING
EROSION AND SEDIMENT CONTROL INSPECTION REPORTS.
2. ALL HAUL ROADS WILL BE MONITORED FOR SEDIMENT LOSS ON A DAILY BASIS. IN THE EVENT OF SEDIMENT LOSS,
SEDIMENT FENCE OR OTHER APPROPRIATE PRACTICE WILL BE INSTALLED.
3. BEGIN CLEARING AND GRUBBING. LIMBS, BRANCHES, AND TRUNKS THAT REQUIRE REMOVAL PER THE PLANS WILL
BE SALVAGED FOR USE IN BANK TREATMENT. STEMS AND ROOT MASSES OF EXOTIC SPECIES (MULTI -FLORA ROSE,
CHINESE PRIVET, ETC) SHOULD BE BURNED ON-SITE OR DISPOSED IN APPROVED BACKFILL LOCATIONS. OTHER
MATERIALS NOT USED FOR BACKFILL WITHIN 7 DAYS OF EXCAVATION WILL BE STABILIZED WITH SEED AND STRAW
MULCH
PHASE 2 - CHANNEL GRADING AND IN -STREAM STRUCTURE INSTALLATION
4. INSTALL PUMP -AROUND FLOW DIVERSION AND DEFINE WORK REACH BASED ON LENGTH OF DIVERSION HOSES
AND LENGTH OF CHANNELTHAT CAN BE STABILIZED BY THE END OF EACH WORK DAY. PROCEED DOWNSTREAM IN
SECTIONS. COMPLETE BANK GRADING, IN -STREAM STRUCTURES, AND SOIL LIFTS AND ENSURE THAT CHANNEL
BED AND BANKS ARE FULLY STABILIZED BEFORE REMOVING FLOW DIVERSION AND MOVING TO THE NEXT
DOWNSTREAM REACH.
5. WITH FLOW DIVERTED, HARVEST COBBLE AND GRAVEL MATERIALS FROM BED OF ABANDONED CHANNEL FOR
RE -USE IN CONSTRUCTED RIFFLES AND OTHER IN -STREAM STRUCTURES.
6. CREATE CHANNEL PLUGS AND BACKFILL ABANDONED CHANNEL SECTIONS AND VERNAL POOLS AS INDICATED ON
THE PLANS. BACKFILLING WILL BE PERFORMED AS NEW CHANNEL GRADING PROGRESSES DOWNSTREAM.
7. NO WATER SHALL BE TURNED DOWN THE OFF-LINE PORTIONS OF THE STREAM UNTIL IN -STREAM STRUCTURES
ARE INSTALLED IN THE STREAM BED AND THE BANKS ARE GRADED AND FULLY STABILIZED USING EROSION
CONTROL MATTING, SEED, AND MULCH.
8. AT THE DOWNSTREAM END OF THE NEW CHANNEL EXCAVATION, THE PUMP -AROUND SHALL BE USED TO DIVERT
FLOW IN MARY'S BRANCH UPSTREAM OF THE NEW CONFLUENCE UNTIL THE NEW CHANNEL SEGMENT IS FULLY
STABILIZED WITH CONSTRUCTED RIFFLE, SEED, AND MATTING.
PHASE 2A - BIOENGINEERING AND PLANTING
9. IF CONSTRUCTION COMMENCES PRIOR TO THE END OF THE DORMANT SEASON, BIOENGINEERING (BRUSH
MATTRESSES AND SOIL LIFTS) AND LIVE STAKING WILL BE COMPLETED CONCURRENTLY WITH CHANNEL GRADING
AND IN -STREAM STRUCTURE INSTALLATION. LIVE CUTTINGS USED IN BIOENGINEERING MEASURES MUST BE
DORMANT ATTHE TIME OF INSTALLATION.
10. IF CONSTRUCTION COMMENCES AFTER THE DORMANT SEASON ENDS, BIOENGINEERING WILLTAKE PLACE
DURING THE NEXT DORMANT SEASON.
11. TREE AND SHRUB PLANTING AND LIVE STAKING WILL BE COMPLETED AFTER GRADING OPERATIONS ARE
COMPLETE AND DURING THE DORMANT SEASON (GENERALLY BETWEEN DECEMBER AND APRIL).
PHASE 3 - DEMOBILIZATION
12. UPON COMPLETION OF STREAM AND FLOODPLAIN GRADING OPERATIONS, THE CONSTRUCTION HAUL ROUTES
AND STAGING AREAS WILL BE GRADED, RAKED, SEEDED AND MULCHED AS NEEDED TO STABILIZE AREAS. ONCE
THE SITE IS STABILIZED, SILT FENCES WILL BE REMOVED.
13. THE CONTRACTOR WILL ENSURE THAT THE SITE IS FREE FROM TRASH AND EXCESS CONSTRUCTION MATERIALS
PRIOR TO DEMOBILIZATION OF EQUIPMENT FROM THE SITE.
14. NOTIFY NC DEMLR OF PROJECT COMPLETION.
Proposed Features
Proposed Structures
CE CE CE
Conservation Easement
Proposed Constructed Riffle
(Easement to be Fenced with 5 -Strand Barb Wire)
See Sheet 4.1
10+00
- �- -
Proposed Thalweg Alignment
Proposed Brush Mattress
- - -
Proposed Top of Bank
=
See Sheet 4.1
(Bankfull)
- - - - - -
Proposed Back of Bench
' '
Proposed Vernal Pool
(Fill Tie -In to Existing Grade
` `
i z z z i z a
See Sheet 4.3
or Toe of Cut Bench)
-
Proposed Grading Tie -In
Proposed Channel Plug
(Cut Tie-in to Existing Grade)
See Sheet 4.3
X X
Proposed Silt Fence
See Sheet 4.2
_
Proposed Soil Lift with Brush Toe
See Sheet 4.1
Proposed Tree Removal
LI
Proposed Ford Crossing
See Sheet 4.4
Proposed Upland Gully Stabilization
See Sheet 4.4
}^-
Proposed Rock Step
See Sheet 4.4
zo.aoo
�
'e-
v�o�
cmv....J
Z Q 2 E
LL
an
2
0' 2' 4' 6'
(VERTICAL)
0' 20' 40' 60'
(HORIZONTAL)
905
900
895
890 1.
6+00
6+50
7+00
7+50
8+00
8+50
9+00
9+50
10+00
10+50
11+00
0' 20' 40' 60'
(HORIZONTAL)
CE CE
�-z' / UT2 ``E CE
7 / / _ Cr
�
- CE ^'
920 STA 7+90 _ CE
N
` 915-- ----- - BEGIN ENHANCEMENT I -- cE CE
J
--
7 - - 910 CE
`(51- ---- --- - - -. CE I
A -925. __
905
CE
-920- - --
CE
fps
i
5+00 910 _
\
•�� o 905-.- -- - -
r ---
----- - - - ---
----9009+00 R1 ----
915 \ `
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95� % +
0-_X��
900 _
920 \
10 90S
/ 3J
13 37
10
/)
zoz o�voo
z �NNmLL
zZ Z 6-4
S= ry O �
-
I-yZ E
----
90
1
— —
901
EXISTING THALWEG PROFILE
---
89'
891
890 1.
6+00
6+50
7+00
7+50
8+00
8+50
9+00
9+50
10+00
10+50
11+00
0' 20' 40' 60'
(HORIZONTAL)
CE CE
�-z' / UT2 ``E CE
7 / / _ Cr
�
- CE ^'
920 STA 7+90 _ CE
N
` 915-- ----- - BEGIN ENHANCEMENT I -- cE CE
J
--
7 - - 910 CE
`(51- ---- --- - - -. CE I
A -925. __
905
CE
-920- - --
CE
fps
i
5+00 910 _
\
•�� o 905-.- -- - -
r ---
----- - - - ---
----9009+00 R1 ----
915 \ `
F�
95� % +
0-_X��
900 _
920 \
10 90S
/ 3J
13 37
10
/)
zoz o�voo
z �NNmLL
zZ Z 6-4
S= ry O �
-
I-yZ E
895
890
885
880
876
11+00
11+50
12+00
12+50
13+00
13+50
14+00
14+50
- - - -- __-- �_ CE
--- y — -- -- --- ze.
CE _-` CQ
__- Cr
_ --- [E 91S UT2
- - _ �
� Z
— _ -- _ [E
m - --- 910_ - -- - CE
— _
-� - --- ----- -
---- — C -
% ---
------- -_ -. _. - _. E_
OF
1i+a O / \ - goo --- [E
--- �I --
15+00
15+50
16+00
6'
60'
M
890
885
880
876
16+50
- -- - -
�- _
90. i � - __ - - 5
-900
-------------
_
- - _
3J -_
--------- - - -
--- ---------
- _
_
--------___900-_ _-__
3J 3J
3j -
PROPOSED - PROPOSED UPLAND GULLY STABILIZATION (TYP)
3j
37 — _----------- __---
.905-___
f
-----------
J)
-----
- ----
- ---
'D 3J/
39 /
/U?
zoz o�voo
z �NNmLL
,w ZznmZ
I-yZ
�W LL
Me
0' 2' 4'
(VERTICAL)
0' 20' 40'
(HORIZONTAL)
--,n/l
I
ma void
+ m
ti m m y
�
Q
ti
�
m
\
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Lr!n
w ry
vi a
4 w
EXISTING
THALWEG PROFILE
o
u
Rw
0
o r
�I
�m
ti
No
PROPOSED THALWEG
PROFILE
11+50
12+00
12+50
13+00
13+50
14+00
14+50
- - - -- __-- �_ CE
--- y — -- -- --- ze.
CE _-` CQ
__- Cr
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- - _ �
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— _ -- _ [E
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— _
-� - --- ----- -
---- — C -
% ---
------- -_ -. _. - _. E_
OF
1i+a O / \ - goo --- [E
--- �I --
15+00
15+50
16+00
6'
60'
M
890
885
880
876
16+50
- -- - -
�- _
90. i � - __ - - 5
-900
-------------
_
- - _
3J -_
--------- - - -
--- ---------
- _
_
--------___900-_ _-__
3J 3J
3j -
PROPOSED - PROPOSED UPLAND GULLY STABILIZATION (TYP)
3j
37 — _----------- __---
.905-___
f
-----------
J)
-----
- ----
- ---
'D 3J/
39 /
/U?
zoz o�voo
z �NNmLL
,w ZznmZ
I-yZ
�W LL
Me
880
-----------
875 --
875
870
865
864 +--
16+50
17+00
PROPOSED THALWEG PROFILE
17+50
18+00
0' 2' 4' 6'
(VERTICAL)
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t
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EROSION CONTROL
6" DIVERSION MATTING W/ MATTING STAKES
BERM AT ENGINEER'S rq"
SEE PROFILE DISCRETION DOL
FOR LENGTH OF RIFFLE
BRUSH MATTRESS STAKE
B' 2" TOPSOIL oo Q , .
7 z� o�aao
LIVE CUTTINGS 1= zv N mLL
N �w o vivo
MIX OF CLASS 1 (75%) M.v� z o u n m Z
a
AND CLASS A (25%) STONE; SEE NOTE 6. BRUSH MATTRESS STAKE = 0m
Q�m..xJ
TWINE BASE FLOW a w Q LL E
oU oU oU�Uv) oU 9 z /OUrs/O4� , AM BED H LL
HEAD OF RIFFLE ELEVATION o m o eq 18" MI
POINT PER PROFILE A A' o N NATURAL FIBER TWINE 3' NP z NOTES:
1_171-CE LIVE CUTTINGS ON GRADED BANK WITH
LL3 TOP OF MATTRESS SECTION v BUTT ENDS EXTENDING TO BASE FLOW WATER
o K K 9 0 0 0 o c r �l` ® r SURFACE.
FLOW
2. DRIVE STAKES HALFWAY INTO BANK BETWEEN
TOEOFSLOPE TYP CUTTJ-1
OVRINGS. WRAP TWINE CUTTIGS TIGHTLY.ADRIVESTAESROUND ESANDTAILOF RIFFLE ELEVATION @,FURTHER TO TIGHTEN TWINE AND SECUREPOINT PER PROFILE LIVE CUTTINGS, SLIGHT CRISS-CROSS CUTTINGS TO SLOPE.y�O��OTOE OF BANK _ATTERN, MIN. 15 STEMS PER SQUARE YARD 3. FILL VOIDS BETWEEN CUTTINGS WITH LOOSE TOPSOIL. SEED AND MULCH SURFACE. G
TOP OF BANK (TYP) 4. INSTALL EROSION CONTROL MATTING OVER���J4
MATTING
STONE TOE 5. PLACEOILSTONE TOE OV RUSING 18"N ND OF MATT ESSS
Plan View B AND MATTING.
PLAN
6. ON-SITE COBBLE AND GRAVEL MEETING STONE G
SPECS MAY BE SUBSTITUTED FOR IMPORTED
RIFFLE VENEER 18" THICKNESS STONE.
CLASS B RIP RAP Brush Mattress 7. BRUSH CUTTINGS TO BE SAME SPECIES AS LIVE
MIX WITH ONSITE4.1 Not to Scale STAKES
COBBLE/GRAVEL AND RIFFLE INVERT PER PROFILE
SAND TO FILL VOIDS
TOP OF BANK (TYP)
EXTEND STONE TOE EXISTING
Section B-B' GROUND WHERE APPLICABLE, NOTES: DO
�ConstructedRiffle SEE DETAIL 1. STOCKPILES AND SOIL DISPOSAL AREAS SHALL I1a
Profile A-A' RIGHT AND LEFT EDGE OF ONLY BE PLACED IN AREAS DESIGNATED ON
4.1 Not to Scale THE PLANS.
CHANNEL 0.1-0.2' HIGHER I �
THAN INVERT 2. SILT FENCE SHALL BE PLACED ON STREAM SIDE
OF ALL STOCKPILES. STO 1 C
3. PERMANENT SOIL STOCKPILES (SOIL DISPOSAL) 1
SHALL BE COMPACTED IN LIFTS NOTTO EXCEED ++
12" AND BE STABILIZED WITH TEMPORARY AND U
PERMANENT UPLAND SEED AND MULCH 2.5 MIN. P, Z
MAINTENANCE NOTES:
1. ALL STOCKPILE AREAS AND SILT FENCES SHALL I ' O C)
2' REFER TO TYPICAL SECTIONS -III III BE INSPECTED AT LEAST ONCE PER WEEK OR
COMPACTED
CKFILL
BAEROSION CONTROL MATTING WRAPPED AROUND AFTER 0.25" OF PRECIPITATION WITHIN 24 til
SOIL LIFT HOURS.
TOP OF BANK 2. SILT FENCE SHOULD BE INSPECTED FOR TEARS, u') W
4-6" PER ENGINEER'S DISCRETION _ 1BANKFULLL _
SILT FENCE
/ / 1' SOIL LIFTS TO TOP OF BANK. UNTRENCHED AREAS, OR OTHER FAILURES AND j l
��
ELEV. 3" ABOVE WILL ONLY REQUIRE TWO LIFTS IN - - REPAIRED WITHIN 24 HOURS " C)
\/ - - (�
DOWNSRIFFLE RERTI % �\ POOL AREAS CUT SLOP/ EXISTING GRADE 3 THE SILT EN CSEDIMENT E DEPBE TH REA FROM HES 6EHIND ^
17
4 Soil Stockpile and Soil Disposal H�
0 0
TYPICAL 4.1 Not to Scale � w
TOE OF SLOSECTION
NATIVE SOIL NOTES: F�
1. DIVERSIONS AND STONE OUTLETS SHOULD BE F-4
DENSELY PACKED, HAUL ROAD
a ELEV. 6" BELOW BRUSH, WOODY COMPACTED \ CONSTRUCTED CONCURRENTLY WITH HAUL ROAD.
g POOL DEPTH DEBRIS BACKFILL TO BRING q SMALLER CONVEYANCES 2. MINIMIZE DISTURBANCE TO AS NARROW OF A LANE A
OLD CHANNEL UP TO ACROSS THE HAUL ROAD MAY
GRAVEUSAND POSSIBLE.
DESIGN PROFILE BE ADDED AS NEEDED.
BACKFILL -� 3. PLACE STONE OUTLETS AT ANY LOW POINTS IN HAUL
N ELEVATION NOTES: ROAD WHERE RUNOFF MIGHT COLLECT.
Section A-A' 1. OVEREXCAVATE T BEYOND TOE OF BANK.
2. INSTALL ALTERNATING LAYERS OF LOGS, 4. AVOID VERTICAL SLOPES WHEN CONSTRUCTING
CONEYANCE
c A BRUSH/WOODY DEBRIS (SMALL BRANCHES AND 5. REMOVEOSTONEVSMOOTH AND SCARIFY
ROOTS COLLECTED ON-SITE) AND LAYERS OF COMPACTED SOIL MOUND
EROSION CONTROL MATTING BACKFILL (BED MATERIAL) TO FILL ANY VOID DISTURBANCES, SEED AND MULCH HAUL ROAD UPON
° DIVERSION CONVEYANCE DEMOBILIZATION.
STONE OUTLE
NCE DS
x SPACE. LIGHTLY COPACT BRUSH/WODY j
OF�PN�I�PI 3BRUSH SHOULD BE ALIG ED SO STEMSOARE DEBRIS LAYER. PLACED AT LOW
OR EVER P 0 MAXIMUM 1. HAU LROA SO HEOULD BE INSPECTED AT LEAST ONCE
.
OP DENSELY PACKED WOODY DEBRIS PER WEEK OR AFTER 0.25" OF PRECIPITATION IN 24
i S�OP ROUGHLY PARALLEL AND IS INSTALLED Plan View
HOURS.
OF POINTING SLIGHTLY UPSTREAM FROM 2' 2. SEDIMENT SHALL BE REMOVED FROM DIVERSION =
PERPENDICULAR. MIN.
CONVEYANCE ONCE DEPTH REACHES 6"
6 F�� 1Q1 4. INSTALL TOPSOIL NEAR TOP OF BRUSH, PLACE 2
�OQE LIVE CUTTINGS WITH GOOD CONTACT TO SOIL. N z DIVERSION SECTION MIN. z
QF 5 5. INSTALL EARTH BACKFILL WRAPPED IN COIR _ p`/ TrJ - '+ g _ HAUL ROAD NOTE THAT STONE OUTLET IS 6"
X00 �l� 1Pl A' BRUSH MATERIAL TO BE INSTALLED FIBER MATTING OVER BRUSH/WOODY LAYER i\1/\�\/\// i" LOWER IN ELEVATION THAN NEARBY DIVERSION o N
gPN FLUSH WITH BANK t 6" 0 0
OF ACCORDING TO TYPICAL SECTION DIMENSIONS. COMPACTED
AND CONVEYANCE IS OVEREXCAVATED BY 6" ED � HAUL ROAD x.4.1
6 INSTALL I
Plan View MATTING AND BANK STABILIZATION PER PLANS. MOUND DIVERSION CONVEYANCE
s Brush Toe with Soil Lift
Diversion Section CLASS 11 J
4.1 5 Haul Roads WASH D #5 OR #57 STONE a o
Not to Scale 4.1 Not to Scale ON FACE OF STONE OUTLET Stone Outlet Section
31M
Sp„_AX.
6" MIN. OVERLAP IN
DOWNSTREAM DIRECTION
AT MAT ENDS
STAKE (TYP)\ I I TOP OF BANK
TOE OF
& x A
TOE OF SLOPE
Plan View
EROSION CONTROL
MATTING (TYP)STOP OF BANK
ECOSTAKE (TYP)
TOE STAKE i(TYP)Section View
ECOSTAKE(TYP)
(2) Erosion Control Matting
4.2 Not to Scale
TOP AND BOTTOM STRAND
SHALL BE 10 GAUGE MIN.
WIRE
NOTES:
1. USE WIRE A MINIUM OF 32" IN WIDTH
AND WITH A MAXIMUM MESH SPACING
OF 6".
2. USE FILTER FABRIC A MINIMUM OF 36"
IN WIDTH AND FASTEN ADEQUATELY TO
THE WIRES AS DIRECTED BY THE
ENGINEER.
3. PROVIDE 5' STEEL POST OF THE
SELF -FASTENER ANGLE STEEL TYPE.
MAINTENANCE NOTES:
1. ALL SILT FENCE SHOULD BE INSPECTED
AT LEAST ONCE WEEKLY OR AFTER 0.25"
OF PRECIPITATION WITHIN 24 HOURS.
2. TEARS IN THE FENCE, UNTRENCHED
AREAS, OR OTHER FENCE FAILURES
SHOULD BE REPAIRED WITHIN 24 HOURS
3. SEDIMENT TRAPPED BEHIND SILT FENCE
SHOULD BE CAREFULLY REMOVED ONCE
DEPTH REACHES 6".
��--{ 1.25"
T_
Eco Stake
8' MAX. WITH WIRE
(6' MAX. WITHOUT WIRE)
�MIDDUEAND
VERTICAL WIRES
SHALL BE 12 }
GAGE MIN.
4„
T
NOTE:
1. USE 780 g/m2 DENSITY COIR
MATTING
HIGH STRENGTH
DOUBLE STITCHED
"J" TYPE SEAMS.
a DEWATERING
BAG
15'
IN SPOUT
HIGH STRENGTH DEWATERING
STRAPPING EXISTING TERRAIN
FOR HOLDING HOSE /
IN PLACE.
WATER FLOW
FROM PUMP
FLEXIBLE 8" of CLASS B RIPRAW
DISCHARGE HOSE OR WOODEN PALLETS
Inset "A" FILTER FABRIC
Dewatering Bag
Inset"B"
Impervious Dike
1. ALL EROSION CONTROL MATTING IMPERVIOUS DIKE
SHOULD BE INSPECTED AT LEASTPUM
ONCE WEEKLY OR AFTER 0.25" OF (SEE INSET "B")
PRECIPITATION WITHIN 24 HOURS. INTAKE HOSE,
2. ANY MATTING FAILURES SHOULD BE
IMPERVIOUS SHEETING
SAND BAG
10' MIN. BETWEEN
(24" X 12" X 6")
+
OR STONE.
FLOW
WILL REQUIRE PEELING BACK
HEIGHT VARIES (2'
MATTING, REPAIRING ANY RILLS,
MIN)
AND REAPPLYING THE MATTING
MAINTAIN V MIN. OF DIG SUMP V DEEP
FIELD BY THE ENGINEER.
FREEBOARD WHILE FOR INTAKE HOSE.
PUMPING.
�APPR X. � STREAM
MANUFACTURER'S RECOMMENDATIONS
3'
Inset"B"
Impervious Dike
1. ALL EROSION CONTROL MATTING IMPERVIOUS DIKE
SHOULD BE INSPECTED AT LEASTPUM
ONCE WEEKLY OR AFTER 0.25" OF (SEE INSET "B")
PRECIPITATION WITHIN 24 HOURS. INTAKE HOSE,
2. ANY MATTING FAILURES SHOULD BE
MAINTENANCE NOTES:
REPAIRED WITHIN 24 HOURS.
10' MIN. BETWEEN
3. TENTING (EROSION OCCURRING
1. PUMP AROUND SYSTEM SHOULD BE
UNDERNEATH INSTALLED MATTING)
INSPECTED DAILY TO DETERMINE IF IT I �,
WILL REQUIRE PEELING BACK
OPERATING PROPERLY AND MONITORED
MATTING, REPAIRING ANY RILLS,
WHILE IN OPERATION FOR LEAKS OR
AND REAPPLYING THE MATTING
WHEN DE -WATERING BAG HAS REACHED
FIELD BY THE ENGINEER.
CAPACITY.
2. CONTRACTOR SHALL FOLLOW
MANUFACTURER'S RECOMMENDATIONS
ON DETERMINING WHEN THE
DEWATERING BAG HAS REACHED ITS
[•�
SEDIMENT HOLDING CAPACITY. A NEW
BAG WILL BE INSTALLED WHEN THIS
OCCURS.
3. CONTRACTOR SHALL MONITOR
PUMPING RATE (PRESSURE) AND MAKE
FILTER FABRIC PUMPING ADJUSTMENTS AS NEEDED TO
PREVENT EXCEEDING THE BAGS
CAPACITY
4. SEDIMENT FROM DEWATERING BAGS
MUST BE PROPERLY DISPOSED OF IN
SOIL DISPOSAL AREAS.
S. AREA UNDERNEATH DE -WATERING BAG
SHALL BE RESTORED TO ORIGINAL
CONDITIONS WITH TEMPORARY AND
PERMANENT SEED AND MULCH UPON
FILTER FABRIC
COMPACTED FILL EXISTING GROUND
4„ BRIDGE MATS
EXTEND FABRIC
INTOTRENCH �a
a w
J �
w o
OPTIONAL SUPPORT LOG
ZO
12" 0 MIN.
n Temporary Silt Fence
42 NottoScale
10' MIN. BETWEEN
SILT FENCE AND
10' MIN. BETWEEN
TOP OF BANK
TOP OF BANK AND
GROUND A MINIMUM
OF 6". SIZE AND
STREAM BED
LOCATION TO BE
STREAM BED
SILT FENCE
SEE DETAIL 3/3.2
DO
Q
z0.
Z 9ryVIM
��w ouM
r
NOTE: t a z° N o
x=aon
1. PROVIDE STABILIZED OUTLET Q 0 m v "
�1..' TE
TO STREAMBED. H s
DISCHARGE HOSE
INTAKE HOSE -
DEWATERING
PUMP
ACTIVE WORK AREA
Plan View
z Pump Around System
4.2 Not to Scale
3rd / WATER DIVERSION CHANNEL
\5' (TYP)
FILTER FABRIC
LASS B STONE
n Temporary Stream Crossing - Bridge Mat
4.2 Not to Scale
STABILIZED OUTLET
USING CLASS B
RIPRAP TRENCHED INTO
EXISTING
GROUND A MINIMUM
OF 6". SIZE AND
e¢
LOCATION TO BE
1�
DETERMINED IN THE
FIELD BY THE ENGINEER.
2GE HOSE
IUND
rUIVIr neLu uv ru10E
WITH SAND BAGS AS
Inset"C" NEEDED.
IMPERVIOUS DIKE
(SEE INSET "B")
10'X 5' STABILIZED OUTLET
USING CLASS B RIPRAP AND
NCDOT TYPE 2 FILTER FABRIC.
(SEE INSET "C")
-SILT FENCE
(SEE DETAIL 3/3.2)
DISCHARGE DEWATERING BAG
HOSE (SEE INSET "A")
NOTE:
1. CONSTRUCT STREAM CROSSING WHEN FLOW IS AT OR BELOW
NORMAL BASEFLOW.
2. BRIDGE MATS SHALL BE PLACED FROM ABOVE RATHER THAN
DRAGGED INTO PLACE.
3. MINIMIZE CLEARING AND EXCAVATION OF STREAMBANKS. DO NOT
EXCAVATE CHANNEL BOTTOM.
4. INSTALL STREAM CROSSING PERPENDICULAR TO THE FLOW.
5. MAINTAIN CROSSING SO THAT RUNOFF IN THE CONSTRUCTION ROAD
DOES NOT ENTER EXISTING CHANNEL.
6. STABILIZE AN ACCESS RAMP OF CLASS B STONE TO THE EDGE OF THE
MUD MAT.
7. CONTRACTOR SHALL DETERMINE AN APPROPRIATE RAMP ANGLE
ACCORDING TO EQUIPMENT UTILIZED.
8. PLUG GAPS BETWEEN MATS WITH FILTER FABRIC OR SIMILAR TO
PREVENT LOSS OF SOIL THROUGH MATS.
MAINTENANCE NOTES:
1. ALL TEMPORARY STREAM CROSSINGS SHOULD BE INSPECTED AT
LEAST ONCE WEEKLY OR AFTER 0.25" OF PRECIPITATION WITHIN 24
HOURS,
2. IF EXCESSIVE SEDIMENT IS BEING TRACKED ON TOP OF MATS THEN
REMOVE WITH SHOVEL AND DISPOSE OF PROPERLY.
U
z
U Q
NOTES:
1. ALL SOILS WITHIN THE BUFFER PLANTING AREA
SHALL BE DISKED, AS REQUIRED, PRIOR TO
PLANTING.
2. ALL PLANTS SHALL BE PROPERLY HANDLED PRIOR
TO INSTALLATION TO INSURE SURVIVAL.
1
INSERT THE DIBBLE, OR
SHOVEL, STRAIGHT
DOWN INTO THE SOIL
TO THE FULL DEPTH OF
THE BLADE AND PULL
BACK ON THE HANDLE
TO OPEN THE PLANTING
HOLE. (DO NOT ROCK
THE SHOVEL BACK AND
FORTH AS THIS CAUSES
SOIL IN THE PLANTING
HOLE TO BE
COMPACTED,
INHIBITING ROOT
GROWTH.
DIBBLE BAR
BUFFER WIDTH
VARIES
BANKFULL
% RESTORED
ql� CHANNEL
F�
SEE SHEET 1.1 FOR SPACING
REMOVE THE DIBBLE, OR
SHOVEL, AND PUSH THE
SEEDLING ROOTS DEEP
INTO THE PLANTING HOLE.
PULL THE SEEDLING BACK
UP TO THE CORRECT
PLANTING DEPTH (THE
ROOT COLLAR SHOULD BE
1 TO 3 INCHES BELOW THE
SOILSURFACE). GENTLY
SHAKE THE SEEDLING TO
ALLOW THE ROOTS TO
STRAIGHTEN OUT. DO
NOT TWIST OR SPIN THE
SEEDLING OR LEAVE THE
ROOTS J -ROOTED.
PLANTING BAR SHALL HAVE A
BLADE WITH A TRIANGULAR
CROSS-SECTION, AND SHALL
BE 12 INCHES LONG, 4
INCHES WIDE AND 1 INCH
THICK AT CENTER.
SEED AND PLANT
BARE RC
INSERT THE DIBBLE, OR
SHOVEL, SEVERAL
INCHES IN FRONT OF
THE SEEDLING AND
PUSH THE BLADE
HALFWAY INTO THE
SOIL. TWIST AND PUSH
THE HANDLE FORWARD
TO CLOSE THE TOP OF
THE SLIT TO HOLD THE
SEEDLING IN PLACE.
ROOTING PRUNING
ALL ROOTS SHALL BE PRUNED
TO AN APPORIATE LENGTH
TO PREVENTJ-ROOTING.
PUSH THE DIBBLE, OR
SHOVEL, DOWN TO
THE FULL DEPTH OF
THE BLADE.
PULL BACK ON THE
HANDLE TO CLOSE THE
BOTTOM OF THE
PLANTING HOLD. THEN
PUSH FORWARD TO CLOSE
THE TOP, ELIMINATING AIR
POCKETS AROUND THE
ROOT.
Bare Root Planting
4.3 IN of to Scale
DE HDHINUVINEU.
Vernal Pool
4.3 Not to Scale
L.PWR. S10"M
REMOVE THE DIBBLE, OR
SHOVEL, AND CLOSE AND
FIRM UP THE OPENING
WITH YOUR HEEL. BE
CAREFUL TO AVOID
DAMAGING THE SEEDLING.
0"ANNEL
SEE PLAN SHEETS FOR
BANK TREATMENT
TO
= SOIL SIDE SLOPE PER
RIS AND BRUS . TYPICAL SECTION
T31— v
A
CHANNEL
BACKFILL
COMPACTED SELECT
MATERIAL
re+;— A_A
Channel Plug
4.3 Not to Scale
Tre es and Shr 1365
(select at least 6 of the following)
Scier; f- 744 a
caommcn f;am.e
A!rws
Tag alde•
Ce.aialar•!r„s cer. r:.t. !.aes
Bu[[eno�sl•
�3m3.Te'rs I+gc:r.a.•:a
Vr dcl*I`azcl
Sa;rx serrc'ea
S.Iti wi I3•N
Srrrdea. .�
!.'Padp'x5wYP1
Xa !frekra-srm,:i��!5-siRa
Yel O.a-rpc;
r, y s=nP;,:a•:a
ozer,R
A!rws serw�ai.]
Tag alde•
p.1ysxar,,,56 :.ffu: 5
N'ix-W'k
�3m3.Te'rs i,g7oa.y+ 5
vrdclldlazcl
F...'a—Amencar
Sycamore
Be!— r
R.VE Birch
❑ YC�S mr,^14a::+v
S11-rnp Chesln t 0.t
0"ANNEL
SEE PLAN SHEETS FOR
BANK TREATMENT
TO
= SOIL SIDE SLOPE PER
RIS AND BRUS . TYPICAL SECTION
T31— v
A
CHANNEL
BACKFILL
COMPACTED SELECT
MATERIAL
re+;— A_A
Channel Plug
4.3 Not to Scale
Riparian Seeding
4.3 Not to Scale
SEEDING:
1. SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION.
2. PH LEVEL OF SOIL SHALL BE 5.5 TO 7
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS
PRIOR TO SEEDING AND MULCHING
4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET 1.1.
TEMPORARY AND PERMANENT SEED SHOULD BE APPLIED
TOGETHER IF PLANTING DATES ALLOW.
1. 2 TONS PER ACRE
2. GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE
CONSIDERED UPON REQUEST, AS WILL LEAVES
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS
PRIOR TO SEEDING AND MULCHING
Ripa Tian Seed Mix
Date
Stream ear (S Gstilmen aiffe• arc Up and Areas
Planting Rate (Ihslacte)
Jan 1 -May 16
S eeor5 Rate 2D Iwa, re
2p
Sne: es r•.ame
.. N-. . remage
ran::.im clardestr.,m
r. r-rrgr,P
x
A nC3r0pG-gon XR ro i
B,g Bluestemi
2:
EIymif vrgir -,is
)ag:nia wi ;:-ye
2”
.. p -g nas rrum "aar4
Irdiarg7.5s
2"
ChasnaiY'llum lall'oli.:ir
pi,ef 0016
1i:
_jrcu Q%I us
Sa% Ru
Riparian Seeding
4.3 Not to Scale
SEEDING:
1. SEEDBED WILL BE AMENDED WITH TOPSOIL APPLICATION.
2. PH LEVEL OF SOIL SHALL BE 5.5 TO 7
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS
PRIOR TO SEEDING AND MULCHING
4. FOR PERMANENT SEEDING, REFER TO NOTES ON SHEET 1.1.
TEMPORARY AND PERMANENT SEED SHOULD BE APPLIED
TOGETHER IF PLANTING DATES ALLOW.
1. 2 TONS PER ACRE
2. GRAIN STRAW PREFERED, NCDOT ALTERNATIVES WILL BE
CONSIDERED UPON REQUEST, AS WILL LEAVES
3. SEEDBED SHALL BE LOOSE AND FREE OF ROCKS AND DEBRIS
PRIOR TO SEEDING AND MULCHING
n Temporary Seeding and Mulching
\1.5of to ale
NOTE:
1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON PLANS
AND DIRECTED BY THE ENGINEER.
2. 3x3' AVG SPACING (2 STAGGERED ROWS AT TOP OF BANK, AS
SHOWN IN PLAN VIEW OF DETAIL)
3. LIVE STAKING SHOULD BE COMPLETED DURING THE DORMANT
SEASON, GENERALLY DECEMBER TO APRIL.
z
m
TOE OF SLOPE
LIVE STAKE (TYP)\
A A
LIVE STAKE (TYP)
3 - TOP OF BANK
Section View
TOP OF BANK
3 �✓
/1
Plan View \TOE OF SLOPE
Live Staking
4.3 Not to Scale
Permanent Seed Mix - Disturbed Areas Beyond
Con ser -t— Easement
Ta mporary Seeding fro Not Appl y Amend me nts to Stream Banks)
Date
Type
Planting Rate (Ihslacte)
Jan 1 -May 16
Rye G•a r
2p
Cmurd Agr:cul'nral I —Is-
2 (n]
eV-10-'.li-artfi2ar
?50
St raw m, ch
4 O:A
May 15 - Aug 16
Browntpp N.illet
40
G-ourd Agr.cul;ural L me=tone
2.0!0
210-'.D Feih'irei
750
Straw rr11. ch
4 O�Xj
Au 4 15 - Det 30
Rye G•a r
. _0
Grvucd Agr.: kil;;iral L mestnne
2.6:.10
=em:izer
St raw M 1. eh
n Temporary Seeding and Mulching
\1.5of to ale
NOTE:
1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON PLANS
AND DIRECTED BY THE ENGINEER.
2. 3x3' AVG SPACING (2 STAGGERED ROWS AT TOP OF BANK, AS
SHOWN IN PLAN VIEW OF DETAIL)
3. LIVE STAKING SHOULD BE COMPLETED DURING THE DORMANT
SEASON, GENERALLY DECEMBER TO APRIL.
z
m
TOE OF SLOPE
LIVE STAKE (TYP)\
A A
LIVE STAKE (TYP)
3 - TOP OF BANK
Section View
TOP OF BANK
3 �✓
/1
Plan View \TOE OF SLOPE
Live Staking
4.3 Not to Scale
Permanent Seed Mix - Disturbed Areas Beyond
Con ser -t— Easement
Seeding Rate = 30 Ib/ocr
Common Name Scientific Name
Percentage
0,ahardgrasa Dactylis glomerate
50
Perennial Ryegrass Lollum perenne
40
Red Glover Trifolium pretense
5
White Clover Trifolium repens
5
n Upland Permanent Seeding
of to cale
Live SW key
S_:ert is r•;amP
Cvmmcn Barre
Conlus anoirjn
Si k. 7cgroa9
Salk serlcea
Slltr Vgdlow
�fysoad-cu3s'PA fol—
I'Jine'jeik
Sam,j-:s -anaricnsm
E &ftxrry
Cep-ia la -t h- —_i to s
Bullor—h
Y
~i0
m
1/2" TO 2" J C
DIAMETER o
^� w
O m
F w
N H
Live Stake Detail
P-0
U Q
/O
PROTECT
EXISTING VEG.
AT TOP OF BANK
CLASS 1 STONE y �� I
PLACED IN o ���
LOWEST POINT�;,A�=,��Ar
Section View (Section A -A')
4' MIN. F
1' LAYER #57 STONE _
BOTTOM OF
UPGRADIENT DAM
SHOULD BEAT SAME
ELEVATION AS TOP OF
DOWNGRADIENT DAM
Profile View
n Gully Stabilization
4.4 Not to Scale
FLOW
BACKFILL ON-SITE COBBLE
OR EQUAL MIX OF CLASS A AND #57 STONE
HEADER AND FOOTER ROCKS TO BE I POOL I WIDEN BOTTOM
SIMILAR IN SIZE TO CLASS I RIPRAP WIDTH TO
TYPICAL
\ STRUCTURE POOL
DIMENSION
m
CONFORM TO ADJACENT
TERRACE SLOPE (TYP)
NON -WOVEN GEOTEXTILE
BACKFILL
18"
UM
FILTER FABRIC
Profile View
M Rock Ste
4.4 Not to Scale
FINISHED GRADE
AT THALW EG
SEE PROFILE
►SEE RIFFLE TYPICAL
5 (TYP)
1
24". SEE NOTE
NOTES:
1. FORD BOTTOM TO CONSIST OF 75% CLASS 1- 25% CLASS A STONE MIX.
2. FORD WIDTH =15'.
Ford Crossing
4.4 Not to Scale
z
BOTTOM WIDTH (TYPICAL SECTIONS)
CONTINUE BOULDERS 2'
°O v INTO BANK (HEADERS AND
FOOTERS), BOTH SIDES
NONWOVEN ' HEADER ROCK
FILTER FABRIC
FOOTER ROCK —
Section View (Section
A -A')
Cl)
'zUomvoo
Z,N NmLL
w oZI Z
F ZS- 0 .
v
aZW ._E92E
HLL
<1w����5
lcn
M
z
u Q
14
Appendix E
Draft Bond
COMPENSATORY MITIGATION INSURANCE
THIS FORM PROVIDES CLAIMS MADE AND REPORTED COVERAGE. PLEASE READ THE ENTIRE FORM
CAREFULLY.
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and
what is and is not covered.
Throughout this policy the words "you" and 'your' refer to the Named Insured shown in the Declarations, and any
other person or organization qualifying as an Insured under this policy. The words "we", "us", and 'our' refer to
the Company providing this insurance. "You" and "your" do not refer to the Authorizing Agency. Other
headings, words and phases that appear in bold have special meaning. Refer to SECTION II - DEFINITIONS.
This policy provides Claims Made and Reported Coverage and has Claims reporting requirements. Coverage
provided herein only applies to a Claim first made against the Named Insured during the Policy Period, and
reported to us in writing during the Effective Coverage Period in which the Claim is made. This policy does not
include a duty to defend or to pay defense costs. Notice of a Default or Deficiency Notice is not a Claim and
does not trigger coverage under the policy.
The application filed and approved Mitigation Banking Instrument, supplemental materials, and information
submitted therewith, are the basis of this policy and are incorporated into and constitute a part of this policy. Any
materials and information received with the application for the policy will be maintained on file with the Company
and shall be deemed to be attached to the policy as if physically attached. As a condition precedent to coverage,
it is agreed by all Insureds that the statements made in the application and supplemental materials are
representations made on behalf of all Insureds, that they are material, and that this policy is issued by the
Company in reliance upon the truth of such representations.
In consideration of the payment of the premium and the undertaking of the Insured(s) to pay the Indemnification
Obligation set out in the Indemnification Endorsement attached to this Policy, and subject to the Limits of
Insurance set out in SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE and the Declarations, and the
exclusions, conditions, and other terms of this policy, the Company agrees with the Insured(s) as follows:
SECTION I — INSURING AGREEMENT
To pay on behalf of the Named Insured the amount of Financial Assurances for which the Named Insured
becomes legally obligated to pay as a result of a Claim first made against it during the Policy Period, by reason
of a Default under a Mitigation Banking Instrument, to which this insurance applies, provided that, as a
condition precedent to coverage, the Claim is reported, in writing, to the Company by the Named Insured or by
the Authorizing Agency on the Named Insured's behalf during the Effective Coverage Period in which the
Claim is first made against the Named Insured.
We will have the right to adjust, pay or settle any Claim seeking Financial Assurances as described in Section
V. Reporting, Adjustment & Settlement; and
We may at our discretion investigate any Default and settle any Claim that may result. But:
1) The amount we will pay for Financial Assurances under this policy is limited as described in
SECTION IV. LIMITS OF INSURANCE AND DEDUCTIBLE; and
2) Our obligation to adjust or pay any Claim under an Effective Coverage Period ends when we have
paid the limit of insurance applicable to that Effective Coverage Period, in the payment or settlement
of Financial Assurances.
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All rights reserved.
CMI XXXX 04 16 Page 1 of 9
SECTION II - DEFINITIONS
1. Adaptive Management Plan means the development of a management strategy that results in a written
plan as defined in33.CFR 332,4(c)(12) that anticipates likely challenges associated with Compensatory
Mitigation Projects and provides for the implementation of actions to address those challenges.
2. Authorizing Agency — means the Department of the Army, the District Engineer, or other person, entity
or agency designated by the Department of the Army, that retains the sole and final authority under 33
CFR 332 to negotiate, determine, approve and enforce the terms of the Mitigation Banking Instrument,
and any other documents established thereunder
3. Claim means a written demand received by the Named Insured from the Authorizing Agency, or a
claim submitted by the Authorizing Agency on the Named Insured's behalf seeking payment of
Financial Assurances as a result of a Default under the Mitigation Banking Instrument.
4. Compensatory Mitigation as defined in 33 CFR 332.2 means the restoration (re-establishment or
rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of
aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
5. Compensatory Mitigation Project means the site or sites scheduled in the Declarations to the Policy at
which the Named Insured is implementing a Mitigation Plan approved by the Authorizing Agency
under 33 CFR 332.
6. Default means a written and final determination made by the Authorizing Agency that the Named
Insured has failed to successfully implement the Mitigation Plan, in accordance with the Performance
Standards, at a Compensatory Mitigation Project site scheduled in the Declarations to this policy, but
only if such determination is made following:
(1) a period of time more than one year (or shorter period as determined by the Authorizing Agency in
accordance with law) after the Authorizing Agency has issued a Deficiency Notice during the
policy period or effective coverage period for that Mitigation Plan or Compensatory Mitigation
Project site, and
(2) the Named Insured's best efforts to mitigate any deficiencies noticed by the Authorizing Agency in
any prior Deficiency Notice for that Mitigation Plan or Compensatory Mitigation Project site and
to prevent the Default;
Default shall not include any determination by the Authorizing Agency that the Named Insured has
failed to comply with, or breached, any other term or condition of the Mitigation Banking Instrument or
other document thereunder, other than the Performance Standards in a Mitigation Plan for a
Compensatory Mitigation Project site scheduled in the Declarations to this policy, or any resultant
suspension or termination of the Mitigation Banking Instrument as a result of such non-compliance or
breach.
7. Deficiency Notice means a written notice issued by the Authorizing Agency to the Named Insured:
(1) advising that it is not progressing towards, or on track to, or meeting the Performance Standards set
out in a Mitigation Plan for a Compensatory Mitigation Project site; and
(2) requesting that the Named Insured implement measures to correct the deficiencies, including but not
limited to implementation of an Adaptive Management Plan, or modifications to the existing
Mitigation Plan, and
® 2016 by Berkley Specialty Undenvriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.
All rights reserved.
CMI XXXX 04 16 Page 2 of 9
(3) modifying, decreasing or suspending credit sales of the Mitigation Bank until the Named Insured
successfully completes measures to correct deficiencies in the implementation of a Mitigation Plan
for a Compensatory Mitigation Project site.
8. Effective Coverage Period means the annual term set forth in the Declarations;
9. Financial Assurances means the amount of reasonable and necessary costs to remedy a Default
determination by the Authorizing Agency, which amount shall be determined by the lesser of the
following:
a. Mitigation Expenses required to successfully complete the Compensatory Mitigation at the
Compensatory Mitigation Project site from which the Default has been determined; or
b. Mitigation Expenses required to provide replacement Compensatory Mitigation at another site; or
c. the actual costs to purchase replacement mitigation credits from another mitigation bank and any
legal fees associated with the purchase;
Mitigation Expenses under (a) and (b) above means the direct costs of engineers, contractors and
subcontractors, to design, plan, engineer, construct, and implement the Compensatory Mitigation work
at the site, exclusive of profit or markup of any kind by, or in favor of, the Named Insured. Direct costs
may include reasonable administrative and management costs incurred by such engineers, contractors,
and subcontractors, but only to the extent such costs are directly and exclusively allocable to the actual
Compensatory Mitigation work being performed at the site,
Mitigation Expenses under (b) above includes the cost to acquire a replacement property and includes
legal fees associated with the acquisition.
Mitigation Expenses under (a) and (b) above shall not include (i) any costs for insurance or bonds,
including those costs attendant to securing and reporting in connection with such insurance and bonds
(ii) legal fees of any kind, except those noted in (b) and (c) above, and (iii) cost related to reporting and
other obligations under this policy, (iv) any costs, charges or expenses (including salaries, benefits, or
fringes) of the Named Insured, unless such costs are directly attributable to the implementation of the
tasks and activities for the Compensatory Mitigation and the Company has approved and consented to
the work and costs prior to them being incurred.
10. Insured means:
(a) The Named Insured but only with respect to Liability incurred from the default of a Mitigation
Banking Instrument to which this insurance applies;
(b) The Named Insured's current or former members and partners, and their spouses, but only with
respect to liability incurred from the Named Insured's Default of a Mitigation Banking Instrument,
to which this insurance applies;
(c) The Named Insured's current or former directors, executive officers, and stockholders, and their
spouses, but only with respect to liability incurred from the Named Insured's Default of a Mitigation
Banking Instrument, to which this insurance applies;
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All rights reserved.
CMI XXXX 04 16 Page 3 of 9
11. Mitigation Bank means the site, or suite of sites, where aquatic resources are being restored,
reestablished, rehabilitated, established, created, enhanced, and/or preserved as part of the
Compensatory Mitigation Project governed by the Mitigation Banking Instrument as shown on the
Covered Location Endorsement.
12. Mitigation Banking Instrument means the legal document scheduled in the Declarations to this policy,
provided that such plan is prepared, approved, filed, and documented in compliance with applicable law.
13. Mitigation Plan means the plan prepared by the Named Insured per 33 CFR 332.4 c(2) through c(14),
and approved by the Authorizing Agency, for Compensatory Mitigation to be performed at each
Compensatory Mitigation Project site as shown on the Covered Location Endorsement.
14. Named Insured means the entity listed in the Declarations to this policy that has executed the approved
Mitigation Banking Instrument.
15. Policy Period means the period set forth in the Declarations, or any shorter period arising as a result of
cancellation or termination of the policy.
16. Performance Standards as defined in 33 CFR 332.2 means observable or measurable physical
(including hydrological), chemical and/or biological attributes that are used to determine if a
Compensatory Mitigation Project meets its objectives.
SECTION III — EXCLUSIONS
This insurance does not apply to Claims, Defaults, or Financial Assurances based upon, arising out of, or
relating to:
1. Liability assumed by the Named Insured under any contract or agreement, including but not limited to
liability for payment of attorneys fees, termination fees, consequential or liquidated damages, or liabilities
of another pursuant to any indemnification agreement, except for liability to pay Financial Assurances
as a result of a Default under a Mitigation Banking Instrument.
2. Any legal fees, costs, or expenses (including expert or consultant fees) incurred in the defense of any
liability or obligation of the Named Insured for any reason.
3. Fluctuation in, short fall of, or devaluation of, the monetary value of, or marketability of, mitigation credits
(or other equivalent credits), or of any real property, including a site at which Compensatory Mitigation
is being performed, or is planned to be performed, under the Mitigation Banking Instrument.
SECTION IV — LIMITS OF INSURANCE AND DEDUCTIBLE
1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay on behalf
of the Named Insured regardless of the number of Defaults, Claims, Financial Assurances, Mitigation
Plans, or Compensatory Mitigation Project sites, regardless whether the indemnification is received
from an Insured.
2. The "Total All Claims' Limit set forth in the Declarations is the most we will pay on behalf of the Named
Insured for Financial Assurances as a result of all Claims first made against the Named Insured
during the scheduled Effective Coverage Period, and reported in writing to us, during that same
scheduled Effective Coverage Period, regardless whether the indemnification is received from an
Insured.
® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.
All rights reserved.
CMI XXXX 04 16 Page 4 of 9
3. Subject to item 2 above, the "Per Claim" Limit set forth in the Declarations is the most we will pay on
behalf of the Named Insured for Financial Assurances as a result of any one Claim first made against
the Named Insured during the scheduled Effective Coverage Period, and reported in writing to us,
during that same scheduled Effective Coverage Period, regardless whether the indemnification is
received from an Insured.
Subject to items 2 and 3 above, the maximum Limits of Insurance we will pay for any Claim made during
a scheduled Effective Coverage Period shall be the limits corresponding to the scheduled Effective
Coverage Period stated in the Declarations, in which the Claim is first made against the Named Insured
and reported to us in writing.At the end of each Effective Coverage Period, the limit of insurance shall
expire and will no longer be available for payment of any new or additional Claim not already made
against the Named Insured and reported to us in writing before expiration of the Effective Coverage
Period. Any indemnification to us from any Insured does not reinstate any limits of insurance.
At the end of each Effective Coverage Period, the limit of available insurance shall also be replaced by
the "Per Claim" Limit and "Total All Claims" Limit scheduled in the subsequent Effective Coverage
Period.
1. One or more Claims made against the Named Insured, and reported in writing to the Company, that
arise out of the same, interrelated, repeated, or associated Defaults in a single Mitigation Plan, or at a
single Compensatory Mitigation Project site, shall be considered a single Claim, and the Company's
total liability for Financial Assurance from that Claim shall be subject to the Limits of Insurance
corresponding to the "Per Claim" Limit for the Effective Coverage Period set forth in the Declarations (or
any reduced or modified Limit established by endorsement to this policy) and effective at the time the
initial Claim was first made against the Named Insured and first reported in writing to the Company.
2. The "Per Claim" Deductible set forth in the Declarations for each Effective Coverage Period shall apply
to each and every Claim first made against the Named Insured, and reported to us in writing, during that
Effective Coverage Period.
The "Total All Claims" Deductible set forth in the Declarations for each Effective Coverage Period shall
apply in the aggregate for all Claims first made against the Named Insured, and reported to us in writing,
during that Effective Coverage Period.
The Deductible amount shall be the Insured's obligation to pay and shall apply to all payments the
Company makes under the policy. While payment for Claims is included within the respective Deductible
Amounts set forth in the Declarations, the Insured(s) shall immediately reimburse the Company for any
payment advanced against a Deductible Amount,
The Deductible amount applies to all payments the Company makes under this Policy and shall reduce
the available and payable Limits of Insurance set forth in the Declarations (or in any endorsement to this
Policy which modifies that Limit).
SECTION V — REPORTING. ADJUSTMENT & SETTLEMENT
1. NOTICE OF A DEFICIENCY
The Named Insured shall provide written notice to the Company as soon as possible of any Deficiency
Notice received by the Named Insured from the Authorizing Agency. The Named Insured shall
forward to the Company a copy of the Deficiency Notice and any other communication or information
related thereto, including the following:
a) Details of the Compensatory Mitigation Project site and Mitigation Plan for which the Deficiency
Notice was received;
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All rights reserved.
CMI XXXX 04 16 Page 5 of 9
b) The Named Insured's plan to remedy the deficiencies noted by the Authorizing Agency, including
any planned modifications to the Mitigation Plan and/or its Adaptive Management Plan in order to
prevent a Default under the Mitigation Banking Instrument.
c) Any other information necessary for the Company to understand the circumstances surrounding the
Deficiency Notice and/or the Named Insured's plan to meet the applicable Performance
Standards and prevent a Default under the Mitigation Banking Instrument.
The Named Insured shall have the duty to use its best efforts to mitigate a Deficiency Notice in order to
prevent a Default under the Mitigation Banking Instrument. The Company shall have the right to
investigate any Deficiency Notice. The Named Insured shall cooperate with the Company's
investigation, and make available upon the Company's request, documents for review and personnel for
interview, all without charge to the Company. Notice of a Deficiency is not a Claim and shall not trigger
coverage under the policy.
2. NOTICE OF A DEFAULT or CLAIM
The Named Insured shall provide immediate written notice to the Company of any Claim made against
the Named Insured, or of any determination by the Authorizing Agency that the Named Insured is in
Default of the Mitigation Banking Instrument. The Named Insured shall immediately forward to the
Company every demand, notice, or other communication related to the Claim or the determination of
Default as well as the following information:
a) Details of the Compensatory Mitigation Project site and Mitigation Plan determined to be in
Default and for which the Claim is being made;
b) An explanation of the events and circumstances leading to the Default, including the specific basis
and reasons upon which the Default has been determined;
c) A description of the mitigation efforts undertaken to prevent or cure the Default (and the deficiencies
leading thereto), including a detailed description of the amount of funds expended and the type of
activity conducted;
d) An estimate of the costs necessary to cure the Default;
e) Any other information necessary for the Company to understand the circumstances surrounding the
Default or Claim.
The Company shall have the right to investigate any Default or Claim noticed under the policy. The
Named Insured shall cooperate with the Company's investigation and upon the Company's request, shall
assist in the investigation and settlement of the Claim, and make available to the Company, documents
for review and personnel for interview, all without charge to the Company. Notice of a Default is not a
Claim and shall not trigger coverage under the policy.
In the event that the Authorizing Agency first provides written notice of a Claim to the Company, the
Company may investigate and pay or adjust such claim as provided herein in its sole discretion without
any duty to make inquiry of the Insured with respect to the Claim, and such payment or adjustment shall
reduce the Limits of Liability remaining under the policy. The Insured shall not be released from any of its
obligations to the Company under this policy by virtue of any such payment or adjustment, including its
duties to indemnify the Company.
3. CLAIM ADJUSTMENT and SETTLEMENT
The Insured(s) agree that that the Company shall have the right to adjust, pay or settle any Claim, to
which this insurance applies, at its sole discretion, without the Insured(s) consent, subject to the
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All rights reserved.
CMI XXXX 04 16 Page 6 of 9
available and remaining Limits of Insurance for the applicable Effective Coverage Period, and that such
adjustment, payment, or settlement may include, but not be limited to, the following actions:
1) Payment of Financial Assurances to a designee or standby trust, as directed by the Authorizing
Agency, for distribution by such designee or trustee in accordance with the Authorizing Agency's
instructions, pursuant to the Authorizing Agency's authority under the Mitigation Banking
Instrument and/or 33 CFR 332; or
2) Payment of Financial Assurances to a replacement contractor, as designated and retained by the
Authorizing Agency or its designee (subject to the Company's written consent and approval), to
either perform replacement Compensatory Mitigation at another site or to complete the
Compensatory Mitigation at the Compensatory Mitigation Project site from which the Default has
been determined;
The Company may make such inquiries and investigations of the Claim as it deems expedient, including
inquiries to the Named Insured or the Authorizing Agency regarding the Claim, and payment of
Financial Assurances.
The Insured(s) agree that no Claim or Financial Assurances will be paid without the prior written
consent and approval of the Authorizing Agency, and that the Company shall incur no liability to the
Insured(s) resulting from such inquiries and/or resulting from the non-payment of any Claim or Financial
Assurances for which the Authorizing Agency has not consented and/or approved. The Insured(s)
shall not admit liability or settle any Claim without the Company's consent. The Insured(s) shall not be
released from any of their duties or obligations to the Company under this policy by virtue of any payment
or adjustment of a Claim by the Company, including the Insured(s) duties to indemnify the Company.
SECTION VI — CONDITIONS
1. LEGAL ACTION AGAINST THE COMPANY
No action shall lie against the Company unless, as a condition precedent thereto, there shall have been
full compliance with all of terms of this policy, nor until the amount of the Named Insured's obligation to
pay shall have been finally determined either by judgment against the Named Insured after actual trial or
by written agreement of the Named Insured, the Authorizing Agent and the Company. No person or
organization shall have any right under this policy to join the Company as a party to any action against
any Insured to determine the Insured's liability, nor shall the Company be impleaded by any Insured or
his legal representative.
2. TRANSFER OF POLICY
Your rights and duties under this policy may not be assigned or transferred without our written consent.
3. BANKRUPTCY
Bankruptcy or insolvency of the Named Insured will not relieve the Company of its obligations under this
policy, nor shall it relieve the Insured(s) of their indemnification obligations to the Company.
4. CANCELLATION AND TERMINATION
a. The Company may cancel the policy by mailing to the Named Insured at the last known address and
the Authorizing Agency written notice of not less than One Hundred and Twenty days (120)
thereafter such cancellation shall be effective. The notice shall include the reason for cancellation
which may include:
i. The policy is no longer needed;
ii. Non-payment of premium;
iii. Fraud, material misrepresentation or intentional concealment of information which increases
the risk originally Insured; or
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CMI XXXX 04 16 Page 7 of 9
iv. The Insured's failure to comply with the terms and conditions of this policy including the
failure to pay any deductible, indemnification or premium when due.
b. Upon release in writing by the Authorizing Agency pursuant to applicable law, the Insured may
cancel the policy by mailing or delivering written notice to us stating when the cancellation shall be
effective.
Termination by other than cancellation:
The policy may terminate without the approval of the Authorizing Agency at the earlier of:
1) The expiration date of the policy as shown in item 2. of the Declarations page;
2) A written acknowledgement, certification or other legally equivalent determination by the
Authorizing Agency that Mitigation Bank has closed after having met the performance
standards set forth in the Mitigation Banking Instrument.
Cancellation or termination of the policy shall be subject to release of the company by the Authorizing
Agency. Upon the effective date of such release all obligations on the part of the Company hereunder
shall automatically cease and neither the Authorizing Agency nor the Insured shall have further
recourse against the Company with respect to unpaid Financial Assurances including existing or
future liabilities or obligations arising from claim(s) previously reported or pending under the Policy.
5. CHANGES
Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a
waiver or change in any part of this Policy or estop the Company from asserting any right under the terms
of this Policy; nor shall the terms of this Policy be waived or changed, except by endorsement issued by
the Company to form a part of this Policy.
6. CHOICE OF LAW
The Named Insured and the Company agree that all matters or disputes arising hereunder, including any
questions relating to the validity, interpretation, performance, and enforcement of this policy, the meaning,
interpretation or operation of any term, condition, definition or provision, or the fulfillment of any party of
any obligation with respect to the policy, shall be determined in accordance with the law and practices of
the State of New York without giving effect to New York conflict of law principles.
3. COOPERATION
The Insured shall cooperate with the Company, and offer all reasonable assistance in the Company's
investigations. The Company may require that the Insured submit to examination under oath, and attend
hearings, depositions and trials. In the course of investigation, the Company may require written
statements or the Insured's attendance at meetings with the Company. The Insured must assist the
Company in effecting settlement, securing and providing evidence and obtaining the attendance of
witnesses.
4. COVERAGE TERRITORY
The coverage provided under this policy shall only apply to Mitigation Banks located within the United
States of America.
5. AUDIT AND INSPECTION
a) We may examine and audit your books and records as they relate to this policy at anytime during the
policy period and up to three (3) years after the end of the policy period;
b) we may be permitted but not obligated to, interview persons employed by you; or
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CMI XXXX 04 16 Page 8 of 9
c) we shall be permitted but not obligated to inspect, sample and monitor the Named Insured's
Mitigation Bank during the policy period or any time thereafter. Neither our right to make
inspections, sample and monitor nor the actual undertaking thereof nor any report thereon shall
constitute an undertaking, on behalf of the Named Insured or others, to determine or warrant that the
Mitigation Bank or operations are safe, healthful, or conform to acceptable engineering practice or
are in compliance with any law, rule or regulation. The Named Insured agrees to provide
appropriate personnel to assist our representatives during any inspection.
6. OTHER INSURANCE
a. This insurance is primary, except when b. below applies.
b. This insurance is excess:
1) When stated in the Declarations to apply in excess of, or contingent upon the absence of, other
appropriate instruments; or
2) Over any other bonds, reserves, escrows, trust funds, credits, or valid and collectible insurance
available to the Named Insured to cover Claims for Financial Assurances under the Mitigation
Banking Instrument; or
3) Over any other appropriate instruments applicable to cover Claims for Financial Assurances
under the Mitigation Banking Instrument.
When this insurance is excess over other valid and collectible appropriate instruments, the
Company shall be obligated to pay only its share of the applicable amount and shall not contribute
with such instruments.
The Insured shall promptly, upon the request of the Company, provide the Company with copies of all
such instruments or documentation.
7. SOLE AGENT
The Named Insured shown in the Declarations shall act on behalf of, and serve as the sole agent for, all
Insureds with respect to the return or payment of any premiums, the issuance by the Company of the
policy, the receipt or acceptance of any endorsements issued to form a part of the policy, or the receiving
of any notices from the Company required by this policy.
8. SUBROGATION
In the event of any payment under this Policy by the Company, the Company shall be subrogated to all of
the rights of recovery that any Insured(s) may have against any person or organization and the
Insured(s) shall execute and deliver instruments and papers and do whatever else is necessary to
secure such rights. The Insured(s) shall do nothing to prejudice such rights.
0 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.
All rights reserved.
CMI XXXX 04 16 Page 9 of 9
kTO e 19 E r )
This endorsement forms a part of the policy to which it is attached. Please read it carefully.
INDEMNIFICATION ENDORSEMENT
COMPENSATORY MITIGATION INSURANCE
In consideration of the premium charged, and notwithstanding anything contained in this Policy to the contrary, it
is hereby understood and agreed that SECTION VI — CONDITIONS is modified by the addition of the following:
INDEMNIFICATION AGREEMENT
The Named Insured(s) agree to indemnify, release and hold the Company harmless for any payments the
Company makes under this policy, and for the costs, fees, and expenses the Company incurs related to the
administration of, or disputes over, any such payments. The indemnified amounts shall include:
1. Financial Assurances paid by the Company; and/or
2. Deductible amounts advanced by the Company; and/or
3. The costs of obligations that the Company may incur by reason of having issued the Policy; and/or
4. Costs, fees and expenses (including fees of attorneys, experts, or consultants) resulting from the
investigation, defense, or prosecution of any lawsuit, legal action, complaint, or other legal proceeding,
arising out of payments demanded or made under the policy, or out of any dispute between the
Insured(s) and the Authorizing Agency regarding any payment demanded or made, or out of any legal
action by the Company to secure or attempt to secure any Claim or Policy release resulting therefrom.
5. Claims handling expenses, which in the event of a Claim shall be calculated as 12% of the sum of
payments for Financial Assurances made pursuant to the Policy.
6. Any legal fees to effectuate the indemnification agreement.
When the Insured(s) obligation to pay for indemnified amounts pursuant to the policy become due, the Company
shall make a demand in the form of a written invoice for the indemnification amount to the Insured(s) and issue it
to the Named Insured's address as stated in the Declarations to the Policy. The Insured(s) agree to pay the full
amount of the invoice within thirty (30) days of its issuance. If the Company has not received full payment from
the Insured(s) within thirty (30) days of issuance of the Company's written invoice, interest shall accrue at the
annual rate equal to the current prevailing prime interest rate as published in the Wall Street Journal plus 200
basis points until full payment is received by the Company. If partial payment is received by the Company the
aforementioned interest rate shall apply to that portion which remains outstanding until the full payment is
received by the Company.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, nor shall the
indemnification reinstate any limit of insurance.
Authorized Representative of the Named Insured:
Notary Public:
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
02016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.
All rights reserved.
CMI XXXX 04 16 Page 1 of 2
® 2016 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.
All rights reserved.
CMI XXXX 04 16 Page 2 of 2
INTERLINE
IL 12 02 01 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ CAREFULLY
®FHCE OF FORUGN ASSET CONTROL (OFAC)
EX'CLUSOON ENDORSEMENT
No insurer shall be deemed to provide cover and no insurer shall be liable to pay any claim or provide any benefit
hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would
expose that insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or
economic sanctions laws or regulations of the European Union, United Kingdom or the United States.
IL 12 02 01 16 Page 1 of 1
ENDORSEMENT
This endorsement forms a part of the policy to which it is attached. Please read it carefully.
SERVICE OF SUIT
Pursuant to any statute of any state, territory or district of the United States which makes provision therefore,
we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specked for
that purpose in the Statute, or his successor or successors in office, as our true and lawful attorney upon
whom may be served any lawful process in any action, "suit' or proceeding instituted by or on behalf of you or
any beneficiary hereunder arising out of this contract of insurance, and hereby designate the above named as
the person to whom the said officer is authorized to mail such process or a true copy thereof.
It is further agreed that service of process in such "suit' may be made upon Michael Kilgas, or his nominee of
the Company at 7233 East Butherus Drive, Scottsdale, Arizona 85260 and that in any "suit' instituted against
any one of them upon this policy, we will abide by the final decision of such Court or of any Appellate Court in
the event of an appeal.
It is agreed that in any state requiring a standard form of policy, insurance hereunder on values or properties in
such state shall attach and cover in accordance with the terms and conditions of such standard form.
S020 (04-05) Page 1 of 1
bo'ERKLEY
ENVIRONMENTAL
a division of Berkley Specialty Undamriling Managers
Claim
Services
By knowing your industry and
speaking your language, our
claim professionals can focus
on meeting your unique
business needs and offer you
the superior claim service you
deserve through responsible
claim management and
aggressive mitigation.
We are confident our
dedicated teams of claim
professionals will add value to
your organization and help you
succeed in accomplishing your
risk management objectives.
Reporrfing a Claim
It is vitally important that you contact us as soon as possible when an accident happens.
When an accident takes place, you can call, fax or email us.
Under all circumstances, you must follow the claim reporting requirements of your policy
including, but not limited to, providing us written notice of the claim.
Automobile
Claims
Phone: (201)748-3111
Fax: (866)343-5724
Email:
Envi ronmental. a uto. cl a ims
@berkleysum.com
Mailing Address:
101 Hudson Street
17B' Floor, Suite 1700
Jersey City, NJ 07302
General Liability
And Professional
Liability Claims
Phone: (201)748-3111
Fax: (866)343-5724
Email:
Environmental.liabil ity. claims
@berkleysum.com
Mailing Address:
101 Hudson Street
Win Floor, Suite 1700
Jersey City, NJ 07302
Workers
Compensation
Claims
Phone: (800)449-2024
Fax: (866)303-1404
Email:
Envi ronmental.wc.claims
@berkleysum.com
Mailing Address:
PO Box 141299
Irving, TX 75014-1233
Street Address:
600 E. Las Colinas Blvd,
Suite 1400
Irving, TX 75039
Berkley EnvironmenW Support Team (BEST)
We understand environmental
spills and releases can be
extremely stressful events.
That's why we're proud to offer you
a free fully staffed 24 hour — 7 day
a week emergency response call
center staffed with experienced
professionals with a national
network of emergency response
providers able to file agency spill
notifications.
Call (877) 900-5645 to report
your environmental spill or
release.
BERKLEY SPECIALTY UNDERWRITING MANAGERS
PROVIDING INNOVATIVE SOLUTIONS
www.berkleysum.com
Environmental Claims
Phone: (201) 748-3111
Fax: (866)343-5724
Email:
Environmental.liability.claims@berkleysum.com
Mailing Address:
101 Hudson Street
17i" Floor, Suite 1700
Jersey City, NJ 07302
In Case of Emergencies, Weekends or Holidays
Phone: (877)900-5645
THE MATERIAL IN THIS PUBLICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BEA REPRESENTATION OF COVERAGE
THAT MAY EXIST IN ANY PARTICULAR SITUATION UNDER A POLICY ISSUED BY A MEMBER COMPANY OF BERKLEY SPECIALTY UNDERWRITING MANAGERS OR ITS
AFFILIATES. ALL CONDITIONS OF COVERAGE, TERMS AND LIMITATIONS ARE DEFINED AND PROVIDED FOR IN THE POLICY. PROGRAMS OR PRODUCTS MAY NOT
BE AVAILABLE IN ALL STATES AND POLICY FEATURES MAY VARY BY STATE.
ENV DIP CLAIMS 03 13
ENDORSEMENT
This endorsement forms a part of the policy to which it is attached. Please read it carefully.
WILMINGTON DISTRICT AMENDATORY ENDORSEMENT
COMPENSATORY MITIGATION INSURANCE POLICY
In consideration of the premium charged, and notwithstanding anything contained in this policy to the contrary, it is hereby
understood and agreed that the following changes apply:
Section II — DEFINITIONS, Item 6. is hereby deleted and replaced by the following:
6. Default means a written and final determination made by the Authorizing Agency that the Named Insured
has failed to successfully complete construction activities and/or Performance Standards, as applicable, in
accordance with the Mitigation Plan, at a Compensatory Mitigation Project site scheduled in the
Declarations to this policy, but only if such determination is made following:
(1) a period of time of more than one year (or shorter period as determined by the Authorizing Agency)
after the Authorizing Agency has issued a Deficiency Notice during the policy period or effective
coverage period for that Mitigation Plan or Compensatory Mitigation Project site, and
(2) the Named Insured's best efforts to mitigate any deficiencies noticed by the Authorizing Agency in
any prior Deficiency Notice for that Mitigation Plan or Compensatory Mitigation Project site and to
prevent the Default;
Default shall not include any determination by the Authorizing Agency that the Named Insured has failed to
comply with, or breached, any other term or condition of the Mitigation Banking Instrument or other document
thereunder, other than the construction activities and/or Performance Standards, as applicable in a Mitigation
Plan for a Compensatory Mitigation Project site scheduled in the Declarations to this policy, or any resultant
suspension or termination of the Mitigation Banking Instrument as a result of such non-compliance or breach.
Default shall also not include any delay or failure of the Insured if and to the extent that such delay or failure
is primarily caused by any act, event, or conditions beyond the Insured's reasonable control and significantly
adversely affects its ability to perform its obligations hereunder including: (1) 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 Insured is affected by any such event,
the Insured shall give written notice thereof to the district engineer and interagency review committee as
soon as is reasonably practicable. If such event occurs before the issuance of a close out letter, the Insured
shall take remedial action to the extent necessary and appropriate as determined by the district engineer, in
consultation with the interagency review committee, to restore the property to its condition prior to such event
and as defined in each approved Mitigation Plan. Such remedial action shall be taken by the Sponsor only to
the extent necessary and appropriate, as determined by the interagency review committee.
II. Section II — DEFINITIONS, Item 7. is hereby deleted and replaced by the following:
7. Deficiency Notice means a written notice issued by the Authorizing Agency to the Named Insured:
(1) advising that it is not progressing towards, or on track to, successfully complete construction in
accordance with the Mitigation Plan for a Compensatory Mitigation Project site; and
® 2017 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.
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Page 1 of 3
(2) requesting that the Named Insured implement measures to correct the deficiencies, including but not
limited to implementation of an Adaptive Management Plan, or modifications to the existing
Mitigation Plan, and/or
(3) modifying, decreasing or suspending credit sales of the Mitigation Bank until the Named Insured
successfully completes measures to correct deficiencies in the implementation of a Mitigation Plan for
a Compensatory Mitigation Project site.
III. Section III — EXCLUSIONS, Item 1. is hereby deleted.
IV. Section V — REPORTING, ADJUSTMENT & SETTLEMENT, Item 3. CLAIM ADJUSTMENT and
SETTLEMENT is hereby deleted and replaced with the following:
3. CLAIM ADJUSTMENT and SETTLEMENT
The Insured(s) agree that that the Company shall have the right to adjust, pay or settle any Claim, to which
this insurance applies, at its sole discretion, without the Insured(s) consent, subject to the available and
remaining Limits of Insurance for the applicable Effective Coverage Period, and that such adjustment,
payment, or settlement may include, but not be limited to, the following actions:
1) Payment of Financial Assurances to a designee or standby trust, approved by the Authorizing
Agency, for distribution by such designee or trustee to complete the Compensatory Mitigation in
accordance with the Insured's legal responsibility under the Mitigation Banking Instrument and/or
33 CFR 332; or
2) Payment of Financial Assurances to a replacement contractor, approved by the Authorizing Agency
to either perform replacement Compensatory Mitigation at another site or to complete the
Compensatory Mitigation at the Compensatory Mitigation Project site from which the Default has
been determined.
The Company may make such inquiries and investigations of the Claim as it deems expedient, including
inquiries to the Named Insured or the Authorizing Agency regarding the Claim, and payment of Financial
Assurances.
The Insured(s) agree that no Claim or Financial Assurances will be paid without the prior written consent
and approval of the Authorizing Agency, and that the Company shall incur no liability to the Insured(s)
resulting from such inquiries and/or resulting from the non-payment of any Claim or Financial Assurances for
which the Authorizing Agency has not consented and/or approved. The Insured(s) shall not admit liability
or settle any Claim without the Company's consent. The Insured(s) shall not be released from any of their
duties or obligations to the Company under this policy by virtue of any payment or adjustment of a Claim by
the Company, including the Insured(s) duties to indemnify the Company.
V. Section VI — CONDITIONS, Item 5. CHANGES is hereby deleted and replaced with the following:
5. CHANGES
Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or
change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy;
nor shall the terms of this Policy be waived or changed, except by endorsement issued by the Company to form
a part of this Policy with the prior approval of the Authorizing Agency.
Q 2017 by Berkley Specialty Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.
All rights reserved.
Page 2 of 3
VI. Section VI — CONDITIONS, Item 6. CHOICE OF LAW is hereby deleted and replaced with the following:
6. CHOICE OF LAW
The Named Insured and the Company agree that all matters or disputes arising hereunder, including any
questions relating to the validity, interpretation, performance, and enforcement of this policy, the meaning,
interpretation or operation of any term, condition, definition or provision, or the fulfillment of any party of any
obligation with respect to the policy, shall be determined in accordance with the law and practices of the State
of New York.
However, this does not apply to the Army Corp of Engineers.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
O 2017 by Berkley Specially Underwriting Managers LLC, an affiliate of Nautilus Insurance Company and Great Divide Insurance Company.
All rights reserved.
Page 3 of 3