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HomeMy WebLinkAbout20141149 Ver 8_BPDP Comments_20170726Bank Parcel Develoument Plan Rocky Top Bank Parcel USACE Action ID SAW -2015-01710 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 Rocky Top 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 Rocky Top Bank Parcel (Parcel), proposed as part of the Restoration Systems' Cape Fear 02 Phase One Umbrella Banking Instrument kBanking Instrument) signed , 201 between _ , Commented [MK1]: Your title says its pursuant to Restoration Restoration Systems, and the North Carolina Division of Water Resources (DWR). Per the Jordan Lake systems•✓ordtmLake PiparzaBuffer & Nutrient Umbrella Water supply Nutrient Strategy, Consolidated Mitigation Rule, and Nutrient Offset Payments (15A NCAC Mitigation Banking Instrument 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 in the; Cape Fear River Basin—,I3ni4ed States Geological Survey ('US S') e digit Hydrologic Unit Code ('HUC') 03030002Supporting figures are included in Appendix A. The Parcel was evaluated on December 10, 2014 by Virginia Baker of the DWR. Ms. Baker'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, (Rocky Top USACE Action ID SAW - 2015 -01710). 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. Rocky Top 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 , - Commented [MK2]: Modify to reflect viability. Figure 7. Credit Determination 0-29'?? width NCDWR Stream Identification Forms Parcel Photographs DWR Site Viabilitv Letter & Buffer Determination 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 Rocky Top 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------------------------------------------------------------------------------------------------------------------------ 32 2.4 Threatened and Endangered Species----------------------------------------------------------------------------------43 2.5 Environmental & Cultural Constraints-------------------------------------------------------------------------------43 2.6 FEMA Floodplain/Floodway mapping------------------------------------------------------------------------------43 3.0 Restoration Plan---------------------------------------------------------------------------------------------------------------------------43 3.1 Riparian Area Restoration Activities--------------------------------------------------------------------------------- 54 3.2 Riparian Buffer Preservation Activities----------------------------------------------------------------------------- 54 3.3 Marsh Treatment Area------------------------------------------------------------------------------------------------------ 76 3.4 Easement Boundaries and Fencing------------------------------------------------------------------------------------ 76 3.5 Credit Release Schedule----------------------------------------------------------------------------------------------------76 4.0 Monitoring and Maintenance Plan ................................................................................................ 76 4.1 Monitoring Protocol---------------------------------------------------------------------------------------------------------- 76 4.2 Parcel Maintenance-----------------------------------------------------------------------------------------------------------87 4.3 Long Tenn Management Plan------------------------------------------------------------------------------------------- 87 5.0 Financial Assurance---------------------------------------------------------------------------------------------------------------------87 6.0 Mitigation Potential--------------------------------------------------------------------------------------------------------------------- 97 7.0 References--------------------------------------------------------------------------------------------------------------------------------- 119 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 , - Commented [MK2]: Modify to reflect viability. Figure 7. Credit Determination 0-29'?? width NCDWR Stream Identification Forms Parcel Photographs DWR Site Viabilitv Letter & Buffer Determination 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 Rocky Top Bank Parcel Development Plan Table of Contents 1.0 Introduction — — Commented [MK3]: 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 Rocky Top Bank Parcel (Parcel), proposed as part of the Restoration Systems' Cape T'^^- 02 D' ^"^ On need to look at Falling Creek and adapt that language in this BPDP Umbrella Banking Instrt ent (Banking Instrument) signed—201 between throughout and with supporting figures. 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 in the,Cape Fear River Basin, United- St^tes Geological Survey ('USGS') 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 with DWR, 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 unnamed tributaries to Reedy 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 Site 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 Site and their downstream watersheds. For purposes of the Rocky top 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 viability for buffer mitigation and nutrient offset. During the site visit, all riparian areas were confirmed to have been in pasture for cattle grazing. Approximately XX acres will be protected with a permanent conservation easement. Of those xx acres, XX acres will be restored for Jordan riparian buffer credit, XX acres will be restored for nutrient offset credit, - - Formatted: Highlight and XX acres will be enhanced by the removal of cattle from the streams and riparian areas for Jordan riparian buffer credit. In general, riparian restoration/enhancement area widths on streams will extend out to a maximum of XXX' feet from the top of bank with a minimum width of XX from top of banks. Riparian buffer enhancement credits generated on this Bank Parcel are allowed pursuant to 15A NCAC 02B .0295 (o)(6) but cannot 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 details of the mitigation determination on the Bank Parcel 1.1 Parcel Location Located in the South Atlantic/Gulf Region approximately 6 miles southwest of Saxapahaw and 2 miles east of Snow Camp in Alamance County (Figure 1, Appendix A), the Parcel is hydrologically situated within Rocky Top Bank Parcel Development Plan page 1 the USGS 14 -digit HUC 03030002050050 of the Cape Fear River Basin and Jordan Lake's Haw Sub - Watershed (DWR Subbasin Number 03-06-02). Directions to Parcel (from Snow Camp): • Take E. Greensboro Chapel Hill Rd. east— 1.5 miles • Tum right on Holman Mill Rd. — 1.4 miles • Site is on the left. • Access Site at gate located 0.5 mile down Major Hill Rd. • Landowner permission required to access Site. Site Coordinates: 35.886642, -79.388262 1.2 Parcel Overview The Parcel encompasses 5.16 acres of land containing unnamed tributaries to Reedy 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 Rocky Top 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. UTI is present onsite and was deemed subject to the Jordan Lake Water supP;y4itF eetctr,.tegyBuffer Protection Rule (15A NCAC 02B .0267 & 15A NCAC 02B .0268) by DWR in correspondence dated July 21, 2017. UT2 is not depicted on USGS topographic mapping or USDA soils mapping; however, it was deemed mat least to be intermittent by DWR during a-sitethe site visit_ by DWR staff and therefore will provide . riparian l.,,fF affia putiiept oMot eredit. The drainage area of these streams is 0.07 mil at the Parcel outfall. Additional land use practices including the maintenance and removal of riparian vegetation, cattle impacts 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 Carolina Slate Belt portion of the Piedmont Ecoregion of North Carolina, the Parcel's regional physiography is characterized by dissected, irregular plains with moderate to steep slopes and low to moderate gradient streams over boulder and cobble -dominated substrate (Griffith et al. 2002). Onsite elevations range from a high of 660 -feet NGVD at the upper reach of UT 1 to a low of approximately 610 - feet NGVD at the outfall (USGS Snow Camp, North Carolina 7.5 -minute topographic quadrangle). Surrounding land use consists primarily of pasture, pine plantation, and hardwood forest used by the National Guard for maneuvers (Figure 3, Appendix A). Site land uses are primarilyis characterized by a...t.._woa fOFOSt hay ao'a-marecent livestock pasture. Riparian zones and- ivy fl nd areas are primarily ..,......,wd of dig4nyhodf rest F,.�Areas are -have been accessible to livestock and have a thin understory in most areas with compacted soils. Multiple, active springs are located along the margins of the stream. These areas have primarily been cleared of forest vegetation and are characterized by herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land management activities (Figure 4, Appendix A). Rocky Top Bank Parcel Development Plan page 2 2.2 Soils Based on web soil survey mapping (BRCS 2014), the Site contains one soil series: Goldston channery silt loam (Typic Dystrudepts). Parcel soils are depicted on Figure 2 (Appendix A) and described in Table 1. Table 1. Parcel Soils MapUnit Map Unit Hydric Description Symbol Name Status Goldston This series consists of well -drained soils on 10-15 percent hill Get) channery silt Non -hydric slopes on ridges. This series formed from residuum weathered loam from metavolcanics and/or argillite. *NRCS 2012 2.3 Vegetation The Parcel is comprised primarily of agricultural land including pasture and, hay fields, and disturbed disturber ' �a forest. Fields are dominated by fescue (Festuca sp.) with sparse natural recruits including knotweed (Polygonum spp.), dog fennel (Eupatonm capillifolium), curly dock (Rumex crispus), cranesbill (Geranium carolinianum), clover (Trifolium repens), and nightshade (Solanum sp.), as well as other opportunistic herbaceous species. Scattered trees located adjacent to tributaries include Chinese privet (Ligustrum sinense), winged ehn (Ulmus alata), red maple (Acer rubrum), eastern red cedar (Juniperus virginiana), green ash (Fraxinus pennsylvanica), sweetgum (Liquidambar styraciflua), and poison ivy (Toxicodendron radicans). Rocky Top Bank Parcel Development Plan page 3 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.). No species are federally listed for Alamance County by the United States Fish and Wildlife Service (USFWS) (USFWS 2015). 2.5 Environmental, -& Cultural and Site LconstraintsL 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 the 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 no sites have been documented near the Parcel (Appendix Q. Parcel mitigation will have no impacts to any other known cultural resources. 2.6 FEMA Floodplain/Floodway mapping FEMA mapping was reviewed to determine if the Site is located in a FEMA study area (DFIRM panel number 8787). Based on existing floodplain mapping, the Site is not located in a Special Flood Hazard Area and the project should not alter FEMA flood zones. Therefore, a "Conditional Letter of Map Revision" (CLOMR) is not expected for this project. Surface drainage on the Site and surrounding areas were analyzed to predict the feasibility of manipulating existing surface drainage patterns without adverse effects to the Site or adjacent properties. The following presents a summary of hydrologic and hydraulic analyses. The purpose of the analysis is to predict flood extents for storms under existing and proposed conditions after stream and wetland restoration activities have been implemented. Watersheds and land use estimations were measured from existing DEM (Digital Elevation Model) data and aerial photography. Field surveyed cross-sections and water surfaces were obtained along Site features. Valley cross-sections were obtained from both onsite cross-sections and detailed topographic mapping of 1 -foot contour intervals using the available DEM. Observations of existing hydraulic characteristics were compared to proposed hydraulic conditions and used to determine proposed channel grades and upper reaches and downstream outfalls. Using these data, channel slopes were calculated to avoid backwater conditions on adjacent landowners. 3.0 Riparian Restoration & Enhancement Plan Restoration of riparian areas will be accomplished through the goals and methods outlined by the Cape Fear 02 Umbrella Mitigation Bank, Rocky Top Bank Site Mitigation Plan. 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. Rocky Top Bank Parcel Development Plan page 4 Commented [MK4]: "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 if you haven't done so already. Commented [ MKS]: I remember hardpans being quite the concern by RS during out onsite visit. I would recommend speaking to the hardpans and how RS intends on manipulating anything to ensure vegetation survival. 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 At this time, RS has already installed fencing to remove cattle from stream -side riparian areas and streams. Stream -side trees include species with a high value for sediment stabilization, rapid growth rate, and the ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. Stream -side trees and shrubs will be planted along reconstructed stream banks and concentrated along outer bends. 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 a minimum of XX' from top of bank and extend out a maximum of XXX' perpendicular to the top of banks where able. Where buffer widths to plant vegetation are not a minimum of 50' from top of bank, RS will be planting only for buffer mitigation credits and widths will not be less than 29' from top of bank. 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 5.1 acres of the Parcel. Species selected for planting were 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) will help to facilitate availability of various noncommercial elements. Bare -root seedlings of tree species will be planted within the Dry-Mesic Oak -Hickory Forest and Piedmont _ Alluvial Forest at a density of approximately 680 stems per acre on 8 -foot center,. ISpecie, in the stream - side assemblage community will be planted at a density of�,720�tems 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. 3.2 Riparian Buffer EnhancementP-rese-ruatien 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 Commented [ MK6]: Based on the soil/hardpans present onsite, RS may want to consider planting a mix of trees and shrubs and using shrubs to count towards success criteria. Commented [MK7]: Nothing in this section indicates whether the stems are "trees" or "shrubs", but the planting plan clearly has both listed. What is RS proposing? Commented [MK8]: And marsh treatment areas? Commented [MK9]: This density is too high. Please explain the reason behind such a high density of stems. If high density is desired, RS should include shrubs in this density. Is this density necessary for stream restoration?? 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 credits. The Preservation area is not anticipated to be beyond 100 feet. _ - Commented [MKlo]: Riparian Enhancement via cattle Exclusion" should be here since the viability letter doesn't indicate Preservation Sites on this parcel. Need to describe the acreages and any activities RS plans to perform to comply with getting this type of credit for enhancement No Nutrient Offset can be generated in these areas... Rocky Top Bank Parcel Development Plan page 5 Table 2. Planting Plan Vegetation Association Tree / Shrub Piedmont/Low Mountain Alluvial Dry-Mesic Oak -Hickory Forest* Forest* Marsh Treatment Wetland** Strea Formatted Table Area (acres) 0.4 3.7 0.1 0.9 5.1 Species # planted* % of total # planted* % of total # planted** % of total # planted** % oftotal # planted i ag alder i n b,.......,.,.rHia 4 __27 _" _ _ _ _ _ _ _ _"_ _ _ _ _ _ _ _ _ _ _ _ _ 10 1 _ _ _ _ _ _ Commented [MKll]: 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. This species cannot be counted towards the success criteria if RS chooses to plant it anyway. River birch (Betula nigra) 27 10 12 Ironwood (Carpinus caroliniana) 502 20 Buttonbush (Cephalanthus occidentalis) -- -- 55 20 Red bud (Cercis canadensis) 378 15 Sweet pepperbush (Clethra alnifolia) -- -- -- -- 41 15 -- 41 Silky dogwood (Comus amomum) 27 10 -- -- 41 15 490 20 558 Persimmon (Diospyros virginiana) 252 10 -- -- -- 252 White ash (Fraxinus americana) -- -- 126 5 -- -- 126 Green ash (Fraxinus pennsylvanica) 54 20 -- -- -- -- 490 20 544 Blueberry (Vaccinum corymbosum) -- -- 27 10 -- -- 27 Tulip poplar (Liriodendron tulipifera) 27 10 -- -- -- -- 27 Sycamore (Platanus occidentalis) 54 20 -- -- 490 20 544 Black gum (Nyssa sylvatica) -- -- 378 15 -- -- 378 Water oak (Quercus nigra) 41 15 502 20 245 10 788 Willow oak (Quercus phellos) 41 15 378 15 245 10 664 Black willow (Salix nigra) -- -- -- -- -- -- 245 10 245 Elderberry (Sambucus canadensis) 55 20 -- 55 Possumhaw (Vibumum nudum) -- -- -- -- 27 10 -- -- 27 TOTAL 271 100 2516 100 273 100 2449 100 5,509 * Will be-Pplanted at a density of 680 stems/acre. * * Will be gplanted at a density of 2720 stems/acre. t- - - j Formatted: Right Rocky Top Bank Parcel Development Plan page 6 3.3 Marsh Treatment Area Two marsh treatment areas will be constructed to intercept surface waters draining through agricultural areas prior to discharging into UTI (Figures 5-6, Appendix A). The marsh treatment areas are excluded from credit calculations. 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. 3.5 Credit Release Schedule) , - Commented [MK12]: Unlike Benton Branch, I do not think this schedule should be changed for this Bank Site. Table 3. Credit Release Schedule Task Project Milestone Credit Available for Sale 1 UMBI and BPDP Approved by DWR, Conservation Easement Recorded*, and Financial Assurance Posted 20 2 Mitigation Site Earthwork, Planting and Installation of Monitoring Devices Completed 20 3 Monitoring Financial Assurance Posted and Approval of As -Built Report 10 4 Monitoring Report # 1: 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 app roved b DWR 5 No remaining credits will be released until Task 7 has been sans ed. 8 Monitoring Report #4: Approved by the DWR 5 9 Monitoring Report #5: Approved by the DWR and final site visit by DWR has been conducted 10 Total 100 * For specification, please see Section V in the LIMBI ** DWR Approval provided upon determination that the site is meeting performance standards contained within the approved BPDP 4.0 Monitoring and Maintenance Plan 4.1 Monitoring Protocol Restoration monitoring procedures for riparian vegetation will include periodic visual inspection and annual plant survival and species diversity survey reports. Quantitative sampling of vegetation will be performed as outlined in the CVS Level1-2Protocol forRecording Vegetation, Version 4.2 (Lee et al. 2008). Photos will be taken from all photo points each monitorine vear and provided in the annual reports. All planted 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 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 31st of each year. Quantitative monitoring will include measurements of 5-10x10 meter vegetation plots. They will be randomly placed throughout the planted riparian areas and will be representative of the entire top of Rocky Top Bank Parcel Development Plan page 7 bank back two -hundred feet, more or less. -Sampling of vegetation will be performed in October of each 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. This 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 [MK13]: Peek your performance standard ... Do you the stems. In addition, appropriate volunteer stems of native hardwood and shrub species may be included want to count just trees only? or, do you want to count Trees and to meet the final performance standard of 260 stems per acre upon DWR approval. shrubs? Does planting plan even have sbrubs? Commented [MK14]: Were sbrubs in planting plan? 4.2 Parcel Maintenance A remedial action plan will be developed and implemented with the approval of DWR 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 .- - - Formatted: Normal, Indent: Left: 0" 4.3 Long Tenn Management Plan The Conservation Easement 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 beholder of the easement. The Sponsor will provide an endowment to the NCWHF to hold and enforce the Conservation Easement and its interests in perpetuity.) -The Conservation Easement will be reviewed by DWR_ and the USACE prior- _ - Commented [MK15]: 1 thought RS said there was already an ---------------- to final recordation of the easement. easement? is that true? 4.4 Easement Boundaries and 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 IAfier completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan as described in the 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 Rocky Top Bank Parcel Development Plan page 8 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 [MK16]: what about a construction bond?? Is RS deciding they won't need one? If so, the credit release schedule Once DWR has released all credits for completion of Tasks 1-9 according to the credit release schedule in should look different. Call to discuss. Section 3.5, the Bank Sponsor can be released from its performance obligations under the performance bond. Performance bonds for monitoring shall be renewed to cover the next yeofs monitoring period, with confirmation of fenewal provided to DWR with each annual monitoring report when applicable. DWR reserves the fight to alter the credit feleose schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6.0 Mitigation Potential The Rocky Top Bank will provide Jordan buffer mitigation and nutrient offset credits for development impacts within the nape Loam 02 HUC 03030002 in the Haw River Sub -watershed of Jordan Lake. River Sub watershed The width of the credit generation area 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 able. A maximum of XX acres of riparian restoration on this site is able to Mitig tion credit^ gene..,.toa - - Formatted: Highlight from riparian buffer restoration credit, as defined in 15A NCAC 02B .095 (b) and described in 15A NCAC 02B.095 - (ice `an be converted and transferred from Riparian Buffer Credits to Nutrient Offset Credits and from Nutrient Offset Credit back to Riparian Buffer Credits upon approvalupen. 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. written antiroval from . 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 credits per acre in the Haw Sub -watershed for riparian restoration on agriculture land is I' c�97--0-52,2 99.36 - - Commented [MK17]: where did you get this number? It's is pounds and the generated phosphorus credit per acre is143.81 Mounds. The delivery factors applied supposed to be 2,279.36 lbs/acre to this parcel are 71 percent for nitrogen and 67 percent from phosphorus (Appendix B). Delivered credits - Commented [MK18]: where did you see this? It's ac uavy are calculated by aDDlvina the delivery factors and the acreage of riparian restoration to the venerated credits 143.81 lbs. per acre stated above. Proposed areas fore€ Jordan riparian buffer and nutrient offset (Nitrogen and Phosphorus) credits for the Rocky Top Bank Parcel are summarized in the tables below- and corresponding Figures 6 & 7. Table 4. Jordan Lake: Haw River Sub -Watershed Credit Determination Table 14 Digit Watershed ID: 03030002050050 Riparian Buffer Mitigation 8eitsCredits Buffer Total Area Mitigation Percentage Mitigation Width Credit Type Total Area Receiving Ratio of Full UnitsCredits 4e111 TOP Credit* Credit TOB -29 152.80 ftZ 152.80 ft 114.60 ftZ Restoration (0.003 ac) (0.003 ac) 1:1 75% (0.004 ac) OB -95,381.71 ftZ 95,381.71 ftZ 95,381.71 ftZ , ---- 100 ft - -- Restoration - -- --------- 2.19 ac -------- 2.19ac -- i 3-----100%-- ------- - 2.19 ac a -1065-02 ft2 - - 1Ab5-02 2-00 fF -\ 30-100 ft (0.02 ac) (0.02 ac) 5:1 I60/ (0.004 ac) Drew .. n 36,076.08 ftZ 32,132.37 ft 3 213.24 ftZ 30-100 ft a:9ae-arns1 (0.83 ac) (0.74 ac) 10:1 100% (0.07 ac) 100-200 ft n....'..".e- 113.94 ftZ 0 10:1 33% 0 Rocky Top Bank Parcel Development Plan page 9 Commented [MK19]: I assume that this is the area where you only have 20-29' max to work with. I cannot get a good picture of this area by looking at Figure 6, therefore, I need to confirm this is acceptable by seeing a Figure that provides a "Zoomed In" version of this particular area with a scale or label showing it is at least 29' in width. If it is less than 29', indicate that width and Reference the additional figure in 6.0. Commented [MK20]: In order to receive nutrient offset credit in any of these areas, you will need to confirm your widths using 50' as your minimum where you can. 30' is not an appropriate minimum for nutrient offset at 2273, therefore, if this is truly correct in the table and there isnt' a minimum of 50' throughout, then only buffer credits generated beyond 50' can be transferrable to nutrient. It's RS's decision how to write this up ... just wanted to point this out. Commented [MK21]: From looking at this table, I would gather than 2.19 acres of riparian restoration would meet the criteria to be converted into nutrient offset if ever requested. Commented [MK22]: These should all be "Enhancement" (0.002 ac) Total Riparian Buffer Mitigation UuitsCredits 98,922.55 ft2 (2.27 ac 4 T..t..1 £...o�o.....t:.... :s 17125. 04 W3 however, ....1.. 11 1 (1'] 1(1 R3 ... 15". ofthe total area ...ay re..o:..o -mer rtiaatio.. credit from Commented [MK23]: Modify table to reflect mitigation types approved in the viability letter. Nutrient Offset Credits -- - - j Formatted Table *Buffer Width Credit Type from -TOB Mitigation Type Total Acreage Generated Credits per Acre Generated Credits Delivery Factor Delivered Credits 1001-200 ft Nitrogen Restoration 1.24 4597-.052 249.361bs/ac 278921 71% 1406.041980.19 1010-200 ft Phosphorus Restoration 1.24 96.35143.81 lbs/ac 178.32 67% 119.47805 *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- 4 credit ledgers,— f applicable, for the Parcel under the. Bfthis UMBI and BPDP: (I)om for buffer restoration mitigation credits in both square feet and acres,-and-one—(I)-for buffer preservatietrenhancement mitigation credits, both -in square feet and acres, (lone accounting for nitrogen offset credits in pounds and acres, and one-(Ilaccounting for phosphorus offset credits in pounds and acres. Rocky Top Bank Parcel Development Plan page 10 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., R -K. 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). 1960. Soil Survey of Alamance County, North Carolina. Soils Conservation Service, United States Department of Agriculture. Rocky Top Bank Parcel Development Plan page 11 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 Determination NCDWR Stream Identification Forms Site Photographs Rocky Top Bank Parcel Development Plan Appendices Rocky Top BPDP — Image 1: Looking southwest from the upper reach of UT -1 Rocky Top Bank Parcel Development Plan Appendices 26 Rocky Top BPDP — Image 2: Looking west from the middle reach of UT -1 Rocky Top Bank Parcel Development Plan Appendices Rocky Top BPDP — Image 3: Looking southeast from the middle reach of UT -I Rocky Top Bank Parcel Development Plan Appendices Appendix B: DWR Buffer Determination Letter Rocky Top Bank Parcel Development Plan Appendices Appendix C: State Historic Preservation Office Map Rocky Top Bank Parcel Development Plan Appendices Appendix D. Environmental Data Resources Inc. — Environmental Records Report Rocky Top Bank Parcel Development Plan Appendices