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Home My WebLink About20141149 Ver 9_BPDP Comments_20170726Bank Parcel Develoument Plan Benton Branch Bank Parcel USACE Action ID SAW -2015-01701 Pursuant to: Restoration Systems' Jordan Lake Riparian Buffer & Nutrient Umbrella Mitigation Banking Instrument for Riparian Buffer and Nutrient Offset Mitigation Credits Axiom Environmental, Inc. PREPARED BY: RESTORATION SYSTEMS, LLC 1101 HAYNES STREET, SUITE 211 RALEIGH, NORTH CAROLINA 27604 AND AXIOM ENVIRONMENTAL, INC. 218 SNOW AVENUE RALEIGH, NORTH CAROLINA 27603 April 2017 Benton Branch Parcel Development Plan Restoration Systems' Jordan Lake Riparian Buffer & Nutrient Umbrella Mitigation Bank Restoration Systems (Sponsor) is pleased to provide this Bank Parcel Development Plan (BPDP) for the Benton Branch Bank Parcel (Parcel), proposed as part of the Restoration Systems' Cape Fear 02 Phase One Umbrella Banking Instrument (Banking Instrument) signed 1 201 between Restoration Systems, and the North Carolina Division of Water Resources (DWR). Per the Jordan Lake Water supply Nutrient Strategy, Consolidated Mitigation Rule, and Nutrient Offset Payments (15A NCAC 02B .0267, 15A NCAC 02B .0268, 15A NCAC 02B .0295, & 15A NCAC 02B .0240), this Parcel is designed to provide riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development within the Haw River Sub -watershed of Jordan Lake, Cape Fear River Basin, United States Geological Survey (`USGS') 8 -digit Hydrologic Unit Code (`HUC') 03030002. Supporting figures are included in Appendix A. The Parcel was evaluated on January 16th, 2015 by Sue Homewood of the NC DWR. Ms. Homewood's evaluation was part of an inter -agency review, including the US Army Corps of Engineers, to determine if stream features located within the site are applicable to provide compensatory stream mitigation under Restoration Systems' Cape Fear 02 Phase One Umbrella Banking Instrument, (Benton Branch USACE Action ID SAW -2015-01701). Riparian areas adjacent to features within the parcel providing compensatory mitigation for stream impacts, will be restored and provide riparian buffer mitigation and nutrient off -set credit. This BPDP provides the Parcel details, restoration activities, monitoring, proposed for credit generation and long-term management. Upon approval of the BPDP, a Conservation Easement will be provided to DWR. Benton Branch. Bank Parcel Development Plan Executive Summary Appendices Appendix A. Supporting Materials Figure 1. Parcel Location & Service Area Figure 2. NRCS Overview Figure 3. USGS 1:24000 Topographic Map Figure 4. Historic Conditions Plan View Figure 5. Restoration Plan Figure 6. Credit Determination L , - Commented [MK1]: Modify to reflect viability. add Figure 7. Credit Determination 0-29' width "Enhaneementvia cattle Exclusion" NCDWR Stream Identification Forms Parcel Photographs Appendix B. Delivered Credit Yield Table for Jordan Sub Watersheds Appendix C. State Historic Preservation Office Map Appendix D. Environmental Data Resources Inc. - Environmental Records Report Benton Branch. Bank Parcel Development Plan Table of Contents Table of Contents 1.0 Introduction-----------------------------------------------------------------------------------------------------------------------------------1 1.1 Parcel Location-------------------------------------------------------------------------------------------------------------------1 1.2 Parcel Overview----------------------------------------------------------------------------------------------------------------2-1 2.0 Project Area - Existing Conditions---------------------------------------------------------------------------------------------- -2 2.1 Physiography----------------------------------------------------------------------------------------------------------------------2 2.2 Soils----------------------------------------------------------------------------------------------------------------------------------32 2.3 Vegetation------------------------------------------------------------------------------------------------------------------------43 2.4 Threatened and Endangered Species----------------------------------------------------------------------------------43 2.5 State Listed Species----------------------------------------------------------------------------------------------------------4_3 2.6 Environmental & Cultural Constraints-------------------------------------------------------------------------------43 2.7 FEMA Floodplain/Floodway mapping------------------------------------------------------------------------------ 54 3.0 Restoration Plan ........................................................................................................................... 54 3.1 Riparian Area Restoration Activities--------------------------------------------------------------------------------- 54 3.2 Riparian Buffer Preservation Activities----------------------------------------------------------------------------- 63 3.3 Marsh Treatment Area------------------------------------------------------------------------------------------------------ 63 3.4 Easement Boundaries and Fencing------------------------------------------------------------------------------------ 63 3.5 Credit Release Schedule .................................................................................................... 87 4.0 Monitoring and Maintenance Plan ................................................................................................ 97 4.1 Monitoring Protocol---------------------------------------------------------------------------------------------------------- 97 4.2 Parcel Maintenance ......................................................................................................... 118 4.3 Long Tenn Management Plan----------------------------------------------------------------------------------------- 118 5.0 Financial Assurance-------------------------------------------------------------------------------------------------------------------118 6.0 Mitigation Potential------------------------------------------------------------------------------------------------------------------- 128 7.0 References------------------------------------------------------------------------------------------------------------------------------- 143-0 Appendices Appendix A. Supporting Materials Figure 1. Parcel Location & Service Area Figure 2. NRCS Overview Figure 3. USGS 1:24000 Topographic Map Figure 4. Historic Conditions Plan View Figure 5. Restoration Plan Figure 6. Credit Determination L , - Commented [MK1]: Modify to reflect viability. add Figure 7. Credit Determination 0-29' width "Enhaneementvia cattle Exclusion" NCDWR Stream Identification Forms Parcel Photographs Appendix B. Delivered Credit Yield Table for Jordan Sub Watersheds Appendix C. State Historic Preservation Office Map Appendix D. Environmental Data Resources Inc. - Environmental Records Report Benton Branch. Bank Parcel Development Plan Table of Contents 1.0 Introduction — — Commented [MK2]: Nothing in here about RS' intent to request Restoration Systems (Sponsor) is pleased to provide this Bank Parcel Development Plan (BPDP) for the buffer credit on wetland sites that don't meet the performance standard to get wetland credit If that's the intent for this site, we Benton Branch Bank Parcel (Parcel), proposed as part of the Restoration Systems' Cap Phase need to look at Falling creek and adapt that language in this BPDP One Haw River WS Umbrella Banking Instrument (Banking Instrument) signed 1 201 throughout and with supporting figures. between Restoration Systems, and the North Carolina Division of Water Resources (DWR). This Parcel is designed to provide riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development within the Haw River Sub -watershed of Jordan Lake, Cape Fear River Basin, U tedtctates Geological Survey ('US _S') 8 digit Hydrologic Unit Codes ('14UC") 03030002per the Jordan Lake Water supply Nutrient Strategy (15A NCAC 02B .0267 & 15A NCAC 02B .0268). Supporting figures can be found in Appendix A. The Parcel shall be planned and designed according to the UMBI, 15A NCAC 02B .0240 and the Consolidated Mitigation Rule 15A NCAC 0213.0295 which became effective on November 1, 2015. The BPDP has also been designed in concurrence with the Benton Branch Stream Mitigation Bank (SAW# ). The mitigation plan for the Benton Branch Stream Mitigation Bank has been submitted and approved by the Interagency Review Team?????. Stormwater runoff from the Parcel drains directly to Benton Branch and unnamed tributaries to Benton Branch. According to the Final Cape Fear River Basin Restoration Priorities (NCEEP 2009), this watershed should be targeted for restoration to protect the nutrient sensitive watershed that ultimately drains into the nutrient sensitive water supply at Jordan Lake. According to the Cape Fear River Basinwide Water Quality Plan (NCDWQ 2005), all land uses and discharges of wastewater and stormwater in subbasin 03- 06-02 potentially contribute nutrients to B. Everett Jordan Lake. B. Everett Jordan Lake provides low -flow augmentation, flood control, recreation, fish and wildlife habitat, and water supply. The lake is impaired for aquatic life due to excessive levels of chlorophyll a in violation of current standards in all segments of the reservoir. In addition, the Parcel has a supplemental water quality classification of Nutrient Sensitive Waters, which includes areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The proposed Mitigation Activities will reduce sediment and nutrient levels, and improve water quality within the Parcel and their downstream watersheds. For purposes of the Benton Branch Nutrient Offset & Buffer Bank, the Parcel involves restoring riparian buffers and other riparian areas adjacent to mitigated streams onsite in order to help reduce non -point source contaminant discharges to downstream waters in the Haw River WS of Jordan Lake. All the riparian areas were assessed by DWR during an onsite visit to determine viabilityfor buffer mitigation and nutrient offset. Approximately 4X acres will be protected with a permanent conservation easement. Of those Xx - - Formatted: Highlight acres, XX acres will be restored for Jordan riparian buffer credit and XX for nutrient offset, XX acres will Formatted: Highlight be enhanced by the removal of cattle from the streams and riparian areas forJordan riparian buffer credit, Formatted: Highlight and X acres will be preserved forJordan riparian buffer credit. In general, riparian buffer restoration area X------------------------------------------------------------- Formatted: Highlight widths on streams will extend out toXXXX' feet from the top of bank for Jordan buffer credits with some ------------------------------- Formatted: Highlight -- areas less than XX'. Riparian buffer enhancement and preservation credits generated on this -Bank -Parcel ------------------------------------------------------ are allowed pursuant to - 15A NCAC 02B .0295 (o). Neither the enhancement credits nor the preservation Formatted: Highlight credits can be used to generate nutrient offset credits. Additionally, no riparian restoration areas that are less than 50' wide from Top of Banks can be used to generate nutrient offset credit. Therefore, the maximum acreage of riparian restoration on this site that is able to be converted into nutrient offset credits if needed by RS, is XX acres. Figure X shows the Credit Determination Map and Section 6.0 provides - - Formatted: Highlight details of the mitigation determination on the Bank Parcel. - l Formatted: Highlight 1.1 Parcel Location Benton Branch. Bank Parcel Development Plan page 1 Located in the South Atlantic/Gulf Region approximately 12 miles north of Burlington, NC in southwest Caswell County (Figure 1, Appendix A), the Parcel is hydrologically situated within the USGS 14 -digit HUC 03030002030030 of the Cape Fear River Basin and Jordan Lake's Haw Sub -Watershed (North Carolina Division of Water Quality Subbasin Number 03-06-02). Directions to the Parcel (from Burlington): • Take Holt St./NC-62 toward N. Fishe St. — 0.1 mile • Continue on Rauhut St./NC-62 — 3.2 miles • Tum left on Union Ridge Rd. — 6.0 miles • Tum left on Stoney Mountain Rd. — 2.3 miles • Stoney Mountain Rd becomes Stoney Creek Mountain Rd. — 0.9 mile • Stoney Creek Mountain Rd. becomes Milesville Rd. — 1.4 miles • Tum left on Massey Rd. Parcel Coordinates: 36.278744, -79.419371 1.2 Parcel Overview The Parcel encompasses 33.22 acres of land containing Benton Branch and unnamed tributaries to Benton Branch. According to the Final Cape Fear River Basin Restoration Priorities (NCEEP 2009), this watershed should be targeted for restoration to protect the nutrient sensitive waters that ultimately drain into the nutrient sensitive water supply of Jordan Lake. Overall, the purposes of the Benton Branch Buffer and Nutrient Offset Bank is to restore, enhance and preserve riparian buffers and other riparian areas adjacent to mitigated streams onsite. The riparian restoration and enhancement will result in improved water quality within the Parcel and the downstream watershed. The Parcel is located in a region of the state dominated by agriculture and livestock; restoration of the riparian buffer is expected to result in immediate water quality benefits within the vicinity of the Parcel through the removal of livestock access to Parcel streams. Benton Branch and UTs 4� 4, 4a�5, and 6 are present onsite and were deemed subject to the Jordan Lake Water suppb, T,�Fientcam_ +Buffer Protection Rule (15A NCAC 02B .0267 & 15A NCAC 02B .0268) by DWR in correspondence dated July 21, 2017. and thus suitable to generate riparian buffer and nutri offset credit. UTs _12, 2b, 3, 4a, and 4b—,a" were not assessed for buffer subjectivity due to factors , - Commented [MK3]: 5awas determinedto "not be afeature°' --------------------------------- onsite that made It difficult to determine location and COntmUlty. onsite and therefore needs to be removed from credit generation. mapping or USDA soils mapping; were deemed intermittent or perennial during a site 'visit by DW staff and therefore willprovide riparian buf bir and nutrient off ct credit The drainage area of these streamsthe streams onsite ranges from 0.03 miz to 1.4 miz. Additional present and historical land use practices including the maintenance and removal of riparian vegetation and the relocation, dredging and straightening of onsite streams resulted in degraded water quality and unstable channel characteristics (stream entrenchment, erosion, bank collapse, and stream aggradation). 2.0 Project Area — Existing Conditions 2.1 Physiography Situated within the Southern Outer Piedmont portion of the Piedmont Ecoregion of North Carolina, the Parcel's regional physiography is characterized by dissected irregular plains; low rounded hills and ridges; and low to moderate gradient streams with mostly cobble, gravel, and sandy substrates. On-site elevations range from a high of 645 -feet NGVD at the upper reaches of UT 3 to a low of approximately 620 -feet NGVD at the Parcel outfall (USGS Cherry Grove, North Carolina 7.5 -minute topographic quadrangle). Surrounding land use consists primarily of agricultural land, with some low-density residential housing (Figure 3, Appendix A) Benton Branch. Bank Parcel Development Plan page 2 Historically, livestock had indiscriminate access to most of the Parcel streams, resulting in degradation of Hydric Status stream banks. Riparian vegetation adjacent to tributaries was sparse and disturbed due to livestock grazing, bush hogging, and regular maintenance activities. The Parcel was used for beef cattle production and Town The Cecil series consists of very deep, well -drained, of Elon Wastewater effluent disposal. Mature forest is scattered throughout the Parcel and is depicted on Figure 4 (Appendix A). , - Commented [MK4]: This doesn't adequately describe the Piedmont uplands. They formed in residuum weathered from Cecil sandy clay existing conditions within the project area. 2.2 Soils Please reference the site visit performed by me with the date and has not completed detailed soil mappingfor Caswell County.The most recent published soil survey corresviability letter (which should be included m theNRCS BPDP for referenc) for Caswell County is dated 1908, with general soil mapping conducted countywide. The NRCS depicts Iredell sandy loam Nonhydric the Parcel as being underlain by Cecil sandy loam in floodplains and low-lying areas, with Cecil sandy clay and Iredell sandy loam in the adjacent uplands; Parcel soils are described below in Table 1. These soils occur wherever the geologic formation contains Table 1. Parcel Soils Soil Series Hydric Status Description The Cecil series consists of very deep, well -drained, Cecil sandy loam moderately permeable soils on ridges and side slopes of and Nonhydric Piedmont uplands. They formed in residuum weathered from Cecil sandy clay felsic, igneous, and high-grade metamorphic rocks of Piedmont uplands. Slopes range from 0 to 25 percent. This series is brownish -gray or very dark brown, moderately Iredell sandy loam Nonhydric well -drained, medium acid soils of the Piedmont Plateau. These soils occur wherever the geologic formation contains basic dikes. These soils are important to agriculture. Benton Branch. Bank Parcel Development Plan page 3 2.3 Vegetation The Parcel is characterized primarily by agricultural landactively rg azed pasture by "*' F ' ��Fcattle, production and municipal effluent disposal, with scattered disturbed forest. Agricultural land is maintained for livestock grazing and has been planted with fescue (Festuca sp.). Natural recruits of dog fennel (Eupatorium capillifolium), clover (Trifolium sp.), nightshade (Solanum carolinense), as well as other opportunistic herbaceous species have recolonized the Parcel. Several pockets of wetland occur in the Parcel, which are characterized by rushes (Juncus spp.) and sedges (Carex spp.). Disturbed forest is largely cleared of understory species due to livestock pruning and is composed of sweetgum (Liquidambar styraciflua), Chinese privet (Ligustrum sinense), winged elm (Ulmus alata), Virginia pine (Pinus virginiana), persimmon (Diospyros virginiana), dog fennel, and broomsedge (Andropogon sp.). 2.4 Threatened and Endangered Species Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S. C. 1531 et seq.). Two federally protected species are listed as occurring in Caswell County (USFWS 2015): the James spinymussel (Pleurobema collina) and the Roanoke logperch (Percina rex). Both species are listed as Endangered. James Spinymussel This freshwater mussel is limited to the James River drainage and the Dan/Mayo River drainage within the Roanoke River basin in Virginia, North Carolina, and West Virginia. This species' range does not include the Parcel, which is located in the Upper Cape Fear River drainage. Roanoke Logperch In North Carolina, this species is found in the Dan and Mayo rivers, as well as Big Beaver Island Creek. This species' range does not include the Parcel, which is located in the Upper Cape Fear River drainage. Preliminary Biological Conclusions: Neither of these species' ranges extend into areas adjacent to, or within the Parcel. Therefore, this project will have no effect on these federally protected species. 2.5 State Listed Species NC Wildlife Resource Commission (NCWRC) notes records for the state special concern notched rainbow (Villosa constricta) and the state significantly rare Carolina ladle crayfish (Cambarus davidi) in Benton Branch. Therefore, stringent sediment and erosion control measures will be implemented throughout restoration/construction activities. 2.6 Environmental, Cultural and Site Constraints) The presence of conditions or characteristics with the potential to hinder restoration activities on the Parcel was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, cultural resources, and the potential for hydrologic trespass. Existing information regarding constraints was acquired and reviewed. In addition, any parcel conditions with the potential to restrict design and implementation were documented during field investigations. No evidence of natural and/or man-made conditions were identified which have the potential to impede proposed restoration activities. State Historic Preservation Office (SHPO) mapping was reviewed and two sites (Davis House and Harris Chapel Missionary Baptist Church Cemetary) are just over 1.0 mile southeast Benton Branch. Bank Parcel Development Plan page 4 Commented [MKS]: "Site Constraints". This includes any existing trees in the Jordan buffer that will be negatively impacted by the Stream Mitigation Restoration Plan and any other issues that should be noted within the riparian buffer (0-50'). Note, that where trees are removed for restoration of existing streams or for construction of new streams, no buffer or nutrient offset credit can be generated. Show all areas removed from credit that fall in this category in your "Credit Determination" figure 6. Need to also include where RS or the Landowner has notified City of Elon that this location can no longer be used for their WW effluent. Documentation needs to be provided showing where Elon received that notice. of the Parcel (Appendix Q. Parcel mitigation will have no impacts to these or any other documented cultural resources. 2.7 FEMA Floodplain/Floodway mapping Inspection of the FEMA Flood Insurance Rate Map 371089600K, Panel 8960, effective September 28, 2007, indicates that Benton Branch, Ur 3, and associated floodplains are located within a Zone AE flood area. Therefore, a BEC -RAS analysis will be completed on the existing and proposed conditions of Benton Branch and its tributaries that enter the Benton Branch floodplain to assess hydraulic performance. In accordance with N.C. Floodplain Mapping requirements, a Conditional Letter of Map Revision (CLOMR) will need to be prepared for the Parcel. The CLOMR will include written documentation of modeling, preparation of topographic work maps, annotated FIRM or Floodway Maps, FIRM Flood Profiles and Data Tables. The CLOMR will be sent to Caswell County for approval and signature, and then the CLOMR will be sent to FEMA for review and approval. The CLOMR approval process is expected to require 3 to 6 months. The CLOMR will be prepared, submitted, and approved prior to construction. A requirement of the CLOMR is to prepare and submit a Letter of Map Revision (LOMR) once construction is complete. 3-.0-R i�arian estoration & Enhancement Plan - - 3_0 Restoration of riparian areas will be accomplished through the goals and methods outlined byte the Cape Fear 02 JUmbrella Mitigation Bank, Benton Branch Bank Site Mitigation Plar4 All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as part of implementing the above-mentioned mitigation plan and will be provided to the Division. Primary goals focus on 1) improving water quality, 2) enhancing flood attenuation and hydrology, 3) improving aquatic resources, and 4) restoring riparian habitat. Proposed mitigation activities will provide floodplain connectivity, floodplain resistance, stream stability, sediment transport, surface and subsurface storage and retention, in -stream habitat, riparian habitat and structure, thermal regulation, floodplain biogeochemical processing, and pollutant filtration as well as remove sources of pollutants. The riparian area will be restored through the revegetation of native plant communities. Detailed analysis of plant communities and the planting plan follow. All riparian restoration activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the Stream Mitigation Bank. The riparian restoration areas will be surveyed and information provided in the As -Built report 3.1 Riparian Area Restoration Activities Stream -side trees include species with a high value for sediment stabilization, rapid growth rate, and the Commented [MK6]: Acknowledge in this section, that this site is also being proposed as a stream mitigation bank. Provide the status of the MitPlan and/or 401 submittal for the stream bank at the submittal of the revised BPDP Formatted: Heading 1 Commented [ MK7]: I recommend this be changed to "Haw River WS UNRIT since Cape Fear 02 is irrelevant for buffer & nutrient banks Commented [MK8]: BPDP? UMBI? Stream Mit Plan?? What is this?? ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. Stream -side trees and shrubs will be planted along reconstructed stream banks and concentrated along outer bends. - - Commented [MK9]: Shrubs? Are they in the planting plan? Planted vegetation along cleared stream banks will reestablish native/historic community patterns within the stream corridor, associated side slopes, and transition areas. Revegetating Parcel floodplains and stream banks will provide stream bank stability, give shade, reduce surface water temperatures, filter pollutants from adjacent runoff, and provide habitat for area wildlife. In general, riparian restoration will occur within_ - - Commented [MKlo]: Reference the "Historical conditions Plan a minimum of XX' from top of bank and extend out a maximum of XXX' perpendicular to the top of banks view map where able. Where buffer widths to plant vegetation are not a minimum of 50' from top of bank, RS will Reference the "Restoration Plan map" be planting only for buffer mitigation credits and widths will not be less than 29' from top of bank. Benton Branch. Bank Parcel Development Plan page 5 Variations in vegetative planting will occur based on topographic locations and hydraulic conditions of the soil. Vegetative species composition will mimic reference forest data, onsite observations, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include 1) Piedmont Alluvial Forest, 2) Dry-Mesic Oak - Hickory Forest, and 3) stream -side assemblage. Deep-rooted, riparian vegetation will be planted over 21.7 acres of the Parcel. Species selected for planting will be dependent upon availability of local seedling sources. Seedlings from a local source (within 200 miles) will be obtained from a licensed nursery and planted at the Parcel. Advance notification to nurseries (1 year) helped to facilitate availability of various noncommercial elements. Bare -root seedlings of tree species were planted within the Dry-Mesic Oak -Hickory Forest and Piedmont Alluvial Forest at a density of approximately 680 stems per acre on 8 -foot centers. Species in the stream - side assemblage community were planted at a density of 2,720 stems per acre on 3 -foot centers. Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. A detailed planting list is depicted below in Table 2, and the planting area is graphically on Figure 5 of Appendix A. I , �.2 Riparian Buffer Preservation Activities Riparian buffer preservation will include permanently protecting existing riparian buffer from cutting, ` clearing, filling, grading, and any similar activities that would affect the functionality of the riparian buffer. Areas specified for Preservation, as defined in 15A NCAC 02B .0295, are show in Figure 5 and will only generate buffer mitigation. These areas are primarily described as disturbed mixed hardwoods, with the number of high value species above 200 per acre. Buffer credits sought in the preservation area will only be used toward buffer mitigation and cannot be transferred into nutrient offset �redits. , - 3.3 Marsh Treatment Area One marsh treatment area will be constructed to intercept surface waters draining through agricultural areas prior to discharging into UT3. The marsh treatment area is excluded from credit calculations (Figures 5-6, Appendix A). 3.4 Easement Boundaries and Fencing Parcel boundaries will be identified in the field to ensure a clear distinction between the Parcel and adjacent properties. Boundaries will be delineated by fencing where necessary to insure protection from livestock and clearly marked. Fencing and boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as -needed basis and documented as part of annual monitoring reports submitted to the DWR. Benton Branch. Bank Parcel Development Plan page 6 Commented [MK11]: Since this BPDP will be reviewed and approved on the basis of these streams being reconnected and restored... please descrive which UTs will be restored and then how far wide each buffer restoration will be along each UT. Describe the existing landwe where riparian restoration will be expected to take place. What are the widths? Commented [MK12]: Very little of this site is characterized by "Preservation Site". Describe where these areas are. Commented [MK13]: Add another section here for "Riparian Enhancement via Cattle Exclusion" and describe the acreages and any activities RS plans to perform to comply with getting this type of credit. No Nutrient Offset can be generated in these areas... Table 2. Planting Plan Vegetation Association Tree / Piedmont/Low Mountain Alluvial Forest* Dry-Mesic Oak -Hickory Marsh Treatment Stream -side Forest* Wetland** - - - Formatted Table Shrub Area (acres) 10.2 6.9 0.1 4.5 21.7 Species # planted* % of total # planted* % of total # planted** % of total # planted** % of total # planted — — — — 27 40 -1 Commented [MK14]: Remove from planting plan... due to this being a riparian restoration in a NSW watershed, DWR does not recommend this species in the planting plan and it will nto be counted towards the success criteria River birch (Betula nigra) 694 10 -- -- -- -- Ironwood (Carpinus caroliniana) -- -- 938 20 -- -- Buttonbush (Cephalanthus occidentalis) -- -- 54 20 54 Red bud (Cercis canadensis) 704 15 -- -- -- 704 Sweet pepperbush (Clethra alnifolia) -- -- -- -- 41 15 -- -- 41 Silky dogwood (Comus amomum) 694 10 -- -- 41 15 2448 20 3182 Persimmon (Diospyros virginiana) -- -- 469 10 -- -- -- -- 469 White ash (Fraxinus americana) -- -- 235 5 -- -- 235 Green ash (Fraxinuspennsylvanica) 1387 20 -- -- -- -- 2448 20 3835 Blueberry (Vaccinium corymbosum) -- -- 27 10 -- -- 27 Tulip poplar (Liriodendron tulipifera) 694 10 -- -- -- -- 694 Sycamore (Platanus occidentalis) 1387 20 -- -- 2448 20 3835 Black gum (Nyssa sylvatica) -- -- 704 15 -- -- 704 Water oak (Quercus nigra) 1040 15 938 20 1224 10 3203 Willow oak (Quercus phellos) 1040 15 704 15 1224 10 2968 Black willow (Salix nigra) -- -- -- -- -- -- 1224 10 1224 Elderberry (Sambucus canadensis) 54 20 -- -- 54 Possumhaw (Vibumum nudum) -- -- -- -- 27 10 -- -- 27 TOTAL 6,936 100 49692 100 272 100 129240 100 24,140 * Will be gplanted at a density of 680 stems/acre. * * Will be gplanted at a density of 2720 stems/acre. Benton Branch. Bank Parcel Development Plan page 7 3.5 Credit Release Schedule I able J. Credit Release Schedule Project Milestones of Crew:. Availablefor Sale } r and, nuns n....royeayDu%Corse nation r;....oment Recorded* and 20 2 Mitigation Site Earthwork, Planting and mstallatim of Monitoring Devices 20 4-0 4 ** 48 4 nee.,:t9fing R@..,.,4 42 Apprev@d b ti,e puro ** 4-0 6 ** 4-0 10 5 Monitoring Report #1: Approved by the DWR** 8 *mite_:__ n eh 44: n ..a by the DIMP 5 9 Monitoring report uc. n....royed b the DWR and {incl site visit b DIRT has been smiduded 4-0 10 Total Item B 1) of Section X in UMBI has been completed and approved by DWR * For specification, please see Section V in the UMBI ** DWR Approval provided upon determination that the site is meeting performance standards contained within the approved BPDP Task Project Milestones Credit Available for Sale UMBI and BPDP Approved by DWR. Conservation Easement Recorded*, Mitigation Site Earthwork, Planting and Installation of Monitoring Devices 1 Completed, Monitoring Financial Assurance Posted 40 2 Approval of As -Built Report 10 3 Monitoring Report #1: Approved by the DWR** 10 4 Report #2: Approved by the DWR** 10 --Monitoring 5 Monitoring Report #3: Approved by the DWR** 10 6 Item B 1) of Section X in UMBI has been completed and approved by DWR 5 No remainine credits will be released until Task 6 has been sans d. 7 Monitoring Report #4: Approved by the DWR 5 Monitoring Report #5: Approved by the DWR and final site visit by DWR has been 8 conducted 10 Total 100 Benton Branch. Bank Parcel Development Plan page 8 Commented [MK15]: Since a majority of this site depends on streams being restored through the field, a lot of your credits will need to be awarded when the site is fully constructed prior to getting a credit release. I am providing some options for RS to consider: 1) Issue the 1� credit release (400%) when the site is fully constructed/stream restoration is complete 2)Issue the 11 credit release based only on the credits that will be generated adjacent to streams that currently exist onsite today. Then, when the site is fully constructed, we will issue a release that includes everything worthy of crdit. If choosing this option, RS will need to provide two separate tables in the BPDP in sec5on 6.0 showing "Mitigation Potential along existing streams" which needs to reference the Historical Plan View" map & a table titled "Mitigation Potential along proposed streams" with a reference to the "Restoration Plan" map showing where the streams will be. Each Table and its corresponding Map will need to depict the riparian areas generating buffer credit and those depicting nutrient credit so the credit releases can be determined easily. If using this option, the Credit Release Schedule will look more like I propose below for Option 2 Depending on which option you choose, this schedule will need to reflect a _ - - Commented [ MK16]: Here ism example of what we would do if Option 1 in comment above is chosen Commented [MK17]: Task Pro'ect Milestone Credit Available for Sale UMBI and BPDP Approved by DWR Conservation Easement Recorded*, and Financial Assurance Posted (credits are released as provided in fable 6.17 �n the 1 apgroved BPDP) 20 Mitigation Site Earthwork, Planting and Installation of Monitoring Devices 2(a) Completed credits are released as provided in Table 6.17 'n thea roved BPDP 20 Mitigation Site Earthwork, Planting and Installation of Monitoring Devices 2 b Completed credits are released as provided in Table 6.2. as approved in the BPDP 20 3 Financial Assurance Posted and Approval of As -Built Report 10 --Monitoring 4 1 Monitoring Report #I: Approved by the DWR** 10 5 Monitoring Report #2: Approved by the DWR** 10 6 Monitoring Report #3: Approved by the DWR** 10 7 Item B 1 of Section X in UMBI has been completed and approved b DWR 5 No remainine credits will be released until Task 7 has been satisfied. 8 Monitoring Report #4: Approved by the DWR 5 Monitoring Report #5: Approved by the DWR and final site visit by DWR has been 9 conducted 10 Total 100 _ - Commented [MK18]: This table would reflect the credits generated adjacent to existing streams onsite _ - Commented [MK19]: This table would reflect the credits generated adjacent to existing streams onsite _ - Commented [MK20]: This table would reflect the credits generated adjacent to new streams that are constmcted Commented [MK21]: If choosing Option 2 from my comment above, the schedule may look like this... 4.0 (Monitoring and Maintenance Plan _ - - Commented [MK22]: Apparently, the new stream mitigation bank guidance requires slightly different monitoring expectations for 4.1 Monitoring Protocol riparian restoration that is generating stream credit (i.e. the first 50' Restoration monitoring procedures for vegetation will include periodic visual inspection and annual plant- or npa t,.. If ou want to proposed e the Satme re m ed nghplan with om al survival and species diversity survey reports. Quantitative sampling of vegetation will be performed as generating buffer/nutientcredit, that is fine... let's just discuss it outlined in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). Photos first. will be taken from all photo points each monitoring year and provided in the annual reports. All planted Formatted: Space After: 6 pt stems in the plots will be marked with flagging tape and recorded. Detailed qualitative and quantitative monitoring is proposed for vegetated riparian areas; marsh treatment areas will be visually inspected Benton Branch. Bank Parcel Development Plan page 9 periodically and reported qualitatively within the annual monitor report, which will include photographic record of the Parcel's assets. Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled. Restoration Systems shall submit an annual monitoring report to DWR, no later than December 31 st of each year. Quantitative monitoring will include measurements of 12-10x10 meter vegetation plots. They _ - Commented [MK23]: Fixed/Permanent? Random?wiu theybe will be randomly placed throughout the planted riparian areas and will be representative of the entire top of rotating plots? are they going to be placed such that they represent bank back two -hundred feet, more or less. Sampling of vegetation will be performed in October of each all of the riparian restoration areas at different widths? year, with the 1st monitoring data to be collected in the fall of 2017 but not within 6 months from initial planting. During the first year, vegetation will receive a cursory, visual evaluation on a periodic basis to ascertain the degree of overtopping of planted elements by nuisance species. Success criteria within the riparian buffer and nutrient offset restoration areas will be based on the survival of planted species at a density of 260 stems per acre after five years of monitoring. Ois shall include a minimum of four native hardwood tree species or four native hardwood tree and shrub species, where no one species shall be greater than 50% of_ _ - Commented [MK24]: Pick one. Just trees? Trees & shrubs?? the stems. In addition, volunteer stems of native hardwood and shrub species may be included to meet the final performance standard of 260 stems per acre upon DWR approval. Benton Branch. Bank Parcel Development Plan page 10 4.2 Parcel Maintenance A remedial action plan will be developed and implemented with the approval of NCDWQ in the event that the Parcel or a specific component of the Parcel fails to achieve success criteria as outlined above. Other vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical removal with the use of a chainsaw) and/or chemical methods (aquatic approved herbicide) in accordance with North Carolina Department of Agriculture (NCDA) rules and regulations. If mowing is deemed necessary by the Sponsor for vegetation survival of planted stems during the monitoring period, the Sponsor must receive approval by the DWR prior to any mowing activities within Zone land Zone 2 of the Jordan buffers to ensure that no buffer violations have been performed. Failure to receive approval prior to mowing activities within the Jordan buffer as defined in 15A NCAC 02B .0267 by the DWR, could result in Jordan buffer violations and violations of the conservation easement. If necessary, the Sponsor will develop a species-specific control plan 4.3 Long Tenn Management Plan The -A Conservation Easement approved by DWR will be placed on the Bank Parcel. It will preserve all areas and prohibit all use of the property inconsistent with its use as mitigation property including any activity that would materially alter the biological integrity of the Parcel. The North Carolina Wildlife Habitat Foundation (NCWHF) has agreed to be holder of the easement. The Sponsor will provide an endowment to the NCWIIF to hold and enforce the Conservation Easement and its interests in perpetuity. 4.4 Easement Boundaries and Fencing .- - - J Formatted: No bullets or numbering Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. 5.0 Financial Assurance (After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured , - Commented [MK25]: Is RS intentially leaving out the for 100% of the estimated cost to implement the monitoring and maintenance plan as described in the Performance Bond of 150x minimum for construction costs? approved BPDP. The Bond must be from a surety company that is rated no less than an "A-" as rated by A.M. Best, and it is the Sponsor's responsibility to confirm the surety company is still rated no less than "A-" with each annual bond renewal. A Performance/Maintenance Bond shall be secured each year for a minimum of five years, and until DWR has released all mitigation credits to the Bank Sponsor. Upon DWR approval, the Bond may be lowered each year based on the adjusted cost to complete the monitoring. No bond shall be less than $100,000 to cover monitoring and maintenance costs. - - Commented [MK26]: This section wiil depend on which option you choose for your release. If you choose Option 1, you will not be Once DWR has released all credits for completion of Tasks 1-9 according to the credit release schedule in required to have a performance bond for Construction, only one for Section 3.5, the Bank be released_ from its performance obligations under performance- monitoring. -Sponsor -can -the _ bond. _ Commented [MK27]: This may change depending on the release schedule RS chooses Performance bonds for monitoring shall be renewed to cover the next yeofs monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports afe submitted without proof of bond fenewols when applicable. Benton Branch. Bank Parcel Development Plan page 11 6.0 litigation Potential — — Commented [MK28]: Reference the figures where you show he The Benton Branch Bank will provide Jordan buffer mitigation credits for development impacts within the riparian work and the viability tetter. Cape FeaF 02 NUC -03030002 :. the Haw River Sub -watershed of Jordan Lake. Additionally, it will provide nutrient offset mitigation credits for development impacts within the Haw River Sub -watershed. The width of the credit generation areas will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward a maximum distance of 200 feet where Restoration Systems is able. No buffer mitigation credit generation areas will be less than 20 feet in width and no nutrient offset credit generating areas will be less than 50' from TOB. Buffer Mitigation credits generated from riparian hu#4restoration creditin non -forested pasture areas on this Bank Parcel with a minimum width of 50' from Top Of Bank (TOB), as defined in 1 c n NCAC C nen 095 /h\ and described in 1 c A NCAC C 022 095 (i),—can be converted and transferred from Riparian Buffer Credits to Nutrient Offset Credits and from Nutrient Offset Credit to Riparian Buffer Credits upon written approval from DWR. A maximum of XX acres of riparian restoration on this site is able to be converted and transferred from Riparian Buffer Credits to Nutrient Offset Credits and from Nutrient Offset Credit back to Riparian Buffer Credits upon approval. The Sponsor must submit a written request and receive written approval from DWR prior to any credit conversions and transfers to the buffer and nutrient credit ledgers. All delivery factors shall be applied to nutrient offset credits prior to requesting a conversion. . According to the nutrient reduction goals for the Haw River arm of Jordan Lake, the generated nitrogen pounds per acre for riparian restoration on agriculture land in the Haw Sub -watershed is 562.342 279.36 , - Commented [MK29]: where did you got thisnurnber? Check lbs and the generated phosphorus pounds per acre is X5143.81. The delivery factors applied to this parcel out your Bass Mountain 1m1B1 for guidance. are 25 percent for nitrogen and 8 percent from phosphorus (Appendix B). Delivered credits are calculated by applying the delivery factors and the acreage of riparian restoration to the generated credits per acre stated above . Proposed areas of -for Jordan riparian buffer and nutrient offset (Nitrogen and Phosphorus) credits are for the Benton Branch Bank Parcel arere summarized in the table below and corresponding Figures X and X - Benton Branch. Bank Parcel Development Plan page 12 14 Digit Watershed ID: 03030002030030 Riparian Buffer Mitigation Units Buffer Total Area Total Area Mitigation Percentage of Mitigation Width Credit Mitigation Type" Acreage Receiving Ratio Full Credit Units €fem TOB Credit" �OTOB-29 Restoration (located on the 480 37 ft� 49017 360.28 ftZ right bank of the upper reach of (0_01 a �n�- 1:1 75% (0.008 : I assume that this is the area where you Commented [ Mto - - - - - - - -Benton-Branch) - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - only have 29' max to work with. I cannot get a good picture work this �30-100 ft Restoration c2n n� yo _ 46_� fie cn W � 52n n�Lo _ 46.E fie cn n� � 1:1 100% 520,46 .�50 is area by looking at Figure 6, therefore, I need to confirm this is (11.95 ac) (H -95 -ac) (11.95 ac) acceptable by seeing a Figure that provides a "Zoomed In" version Preservation (Nonsubject Rural>n 18,58.72 2 of this particular area with a scale or label showing it is at least 29' 30-100 ft Streams) (2.13 ac) 5:1 100% (0.43 ac) in width. Reference the figure in 6.0. Preservation (Subject Rural 450,303 23 174,735.77 ftZ 17,473\.58�IiZ Commented [MK31]: Cannotbe included in acreageviable for 30-100 ft Streams) (10.34 ac) (4.01 ac) 10:1 ° 100% (0.40 ac) nutrient offset 100-200 ft reservation (Subject Rot 6507 9? + 0 10:1 33% 0 Commented [MK32]: This should be calculated from Top of Streams - - - - - - - - - (0_15 ac) _ - - - - - - - - -, - - - - - - - - - - - - - - - - - - - - - Bank, not 30' unless there is a specific reason?? TotalRiparianBufferMitigationUnits 556,889`08 Commented[MK33]:OnlyneeditforPreservationareasafter (12.79 ac] applying the 25 •Total area of preservation is 549,749.67 ft? however, only 267,674.39 ft2 or 25% of the total area may receive buffer mitigation credit from �, Commented [MK34]: Use the Viability Letter for "not preservation.) , \� assessed" streams where they were approved as Perservation under 0295 (o)(4) to determine this acreage Nutrient Offset Credits Commented [MK35]: Entire table to reflect viability letter and Buffer Mitigation Generated Generated the "Historical Condition Plan View" map or the "Restoration Width Credit Type Type Total Acreage Credits per Credits Delivery Factor Delivered\ Credits Plan"... depending on previous comments and RS's decisions foward 40M TOR Acre moving Restoration 562.342 249.36 11 .25 lbs Commented [MK36]: Add "Enhancement" 100-200 ft Nitrogen 0.02 lbs{ae 25% 2.8111251b .s Commented [MK37]: You will have to adjust this, considering Restoration 44-.5143.81 2.88 lbs most of your "preservation" area in this BPDP was determined to be 100-200 ft Phosphorus 0.02 lbs/ae 8% 00223 lbs "Enhancement via Cattle Exclusion" during the viability assessment *Buffer mitigation credits are sought from top of bank to 100'. Beyond buffer credit generating areas, RS is proposing nutrient offset credits out to a maximum of 200' for a contiguous riparian restoration from top of bank to 200' where possible. The Sponsor will maintain four credit ledgers, if apse, for the Parcel under the UMBL one-(1)_for buffer restoration Mitigation mitigation credits credits in both square feet and acres, and exeI for buffer preservation and enhancement mitigation credits in both square feet and acres, both in square feet and acre one-(Ihaecounting-for nNitrogen nutrient offset credits in pounds and acres, and one-(1)_acceunti g -for Phphosphorus offset credits in pounds and acres. Benton Branch. Bank Parcel Development Plan page 13 7.0 References Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Jordan Lake Water Supply Watershed Buffer Rules 15A NCAC 02B .0267, 15A NCAC 02B.0268, and 15A NCAC 02B .0295 Lee, M.T., RIC Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording Vegetation, Level 1-2 Plot Version 4.2. Ecosystem Enhancement Program, North Carolina Department of Environment and Natural Resources. Natural Resources Conservation Service (MRCS). 2014. Web Soil Survey (online). Available: http://websoilsurvey.nres.usda.gov/app/ [January 9, 2014]. United States Department of Agriculture. North Carolina Division of Water Quality (NCDWQ). 2005. Cape Fear River Basinwide Water Quality Plan_ Available: http://portal.ncdenr.org/c/document_ library/get file?uuid-2eddbd59-b382- 4b58-97ed-c4049bf4e8e4&groupId=38364. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Ecosystem Enhancement Program (NCEEP 2009). Cape Fear River Basin Restoration Priorities 2009 (online). Available: http://portal.ncdenr.org/c/document_ library/get file?uuid=864e82e8-725c-415e-8ed9- c72dfcb5 5012&groupId=60329 Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. United States Fish and Wildlife Service (USFWS). 2015. Threatened and Endangered Species in North Carolina (online). Available: http://www.fws.gov/nc-es/es/countyfr.html. [April 17, 2015]. United States Fish and Wildlife Service, Raleigh, North Carolina. United States Department of Agriculture (USDA). 1908. Soil Survey of Caswell County, North Carolina. Soils Conservation Service, United States Department of Agriculture. Benton Bmnch. Bank Parcel Development Plan page 14 Appendix A: Supporting Materials Figure 1. Site Location & Service Area Figure 2. NRCS Overview Figure 3. USGS 1:24000 Topographic Map Figure 4. Historic Conditions Plan View Figure 5. Restoration Plan Figure 6. Credit Determmatloll] _ - Commented [MK38]: Modify Figure 6 to reflect Viability NCDWR Stream Identification Forms Letter. Parcel Photographs Benton Branch. Bank Parcel Development Plan Appendices iL Mil � 1 lit I oic," r r F" f.41 IF V� f A Y V� f A Y a pT pIR 1 hli .1 io w ri �1 1 y y . �jy, . r� s r� �- ;fit _--qwql 54F r � rYv, i J+ �� r' Benton Branch BPDP — Image 5: Looking south from the middle reach of UT4 Benton Branch. Bank Parcel Development Plan Appendices Benton Branch BPDP — Image 6: Looking north from the left bank of UT -6 Benton Branch. Bank Parcel Development Plan Appendices Benton Branch BPDP — Image 7: Looking north on the middle reach of Benton Branch Benton Branch. Bank Parcel Development Plan Appendices Appendix B: Delivered Credit Yield Table for Jordan Sub Watersheds Benton Branch. Bank Parcel Development Plan Appendices Appendix C: State Historic Preservation Office Map Benton Branch. Bank Parcel Development Plan Appendices Appendix D: Environmental Data Resources Inc. — Environmental Records Report Benton Branch. Bank Parcel Development Plan Appendices