The URL can be used to link to this page

Home My WebLink About20170919 Ver 1_UMBI Modification FINAL COMBINED_20170707RES Cape Fear 02 Umbrella Mitigation Bank Walnut Wood Site INSTRUMENT MODIFICATION Cape Fear River Basin HUC 03030002 Prepared by: Resource Environmental Solutions, LLC Bank Sponsor: Environmental Banc & Exchange, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-209-1062 fires July 2017 Table of Contents 1 INTRODUCTION.....................................................................................................................1 1.1 Project Description........................................................................................................................1 1.2 Project Location............................................................................................................................1 1.3 Service Area..................................................................................................................................1 1.4 Identified Watershed Needs..........................................................................................................1 1.5 Purpose and Objectives................................................................................................................. 2 1.6 Technical Feasibility..................................................................................................................... 2 1.7 Site Ownership.............................................................................................................................. 2 2 QUALIFICATIONS..................................................................................................................3 2.1 Bank Sponsor................................................................................................................................3 2.2 Bank Sponsor Qualifications........................................................................................................ 3 3 EXISTING CONDITIONS........................................................................................................4 3.1 Existing Reach Conditions............................................................................................................4 3.2 Existing Wetlands......................................................................................................................... 5 3.3 Soil Survey....................................................................................................................................5 3.3.1 General Physiographic and Geologic Characteristics......................................................... 5 3.3.2 Site Mapped Soil Series......................................................................................................... 5 3.4 Endangered/Threatened Species................................................................................................... 5 3.5 Vegetation and Wildlife................................................................................................................ 6 3.6 Cultural Resources........................................................................................................................ 6 3.7 Constraints.................................................................................................................................... 6 3.8 Site Photographs........................................................................................................................... 7 ................................................................................................................................................................... 8 ................................................................................................................................................................... 8 4 PROPOSED BANK CONDITIONS..........................................................................................9 4.1 Conceptual Mitigation Plan.......................................................................................................... 9 4.1.1 Project Development............................................................................................................. 9 4.1.2 Stream Restoration and Enhancement.................................................................................. 9 4.1.3 Monitoring..........................................................................................................................11 5 BANK ESTABLISHMENT AND OPERATION.....................................................................12 5.1 Establishment and Operation of the Bank...................................................................................12 5.2 Proposed Credit Release Schedule..............................................................................................12 5.2.1 Initial Allocation of Released Credits.................................................................................13 5.2.2 Subsequent Credit Releases................................................................................................14 5.3 Financial Assurances..................................................................................................................14 5.4 Proposed Ownership and Long -Term Management...................................................................14 5.5 Assurance of Water Rights.........................................................................................................14 Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank i July 2017 List of Figures Figure 1. Project Vicinity Map Figure 2. USGS Topographic Map Figure 3. Aerial Photography Map Figure 4. Landowner Map Figure 5. Soils Map Figure 6. NWI Wetlands Map Figure 7. Constraints Map Figure 8. Conceptual Design Plan Appendix A — Landowner Authorization Form Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank ii July 2017 I INTRODUCTION 1.1 Project Description The Walnut Wood Mitigation Site (the "Site") is located in Julian, NC and contains one parcel totaling 147 - acres in Guilford County, NC. The Site will involve the restoration and enhancement of five unnamed tributaries to the Cape Fear River. The Site was identified as having potential to help meet the compensatory mitigation requirements for stream impacts in hydrologic unit code (HUC) 03030002 of the Cape Fear River Basin. The Site provides 38.4 acres of proposed conservation easement. The conceptual design presents 8,274 linear feet of stream mitigation generating 6,388 Stream Mitigation Units (SMU). 1.2 Project Location The Site is located in Guilford County in Julian, NC (Figures 1 and 2). The GPS coordinates of the Site are 35.9808°N and -79.6446°W. To access the site from the town of Julian, take Old 2' Street for approximately 0.1 miles then turn right onto Old Julian Road. Continue on Old Julian Road for approximately 4.1 miles, and then turn left onto Coble Church Road for 2.3 miles then turn right onto Alamance Church Road. The property at 3172 Alamance Church Road provides access to the Site. 1.3 Service Area The Site is located within the Cape Fear River Basin (8 -digit USGS HUC 03030002, 14 -digit USGS 03030002040010). This proposed Site will result in significant ecological improvements including water quality improvement, restoring hydrologic connectivity, and habitat restoration. The Site's is located within a rural area, and land use within the watershed is comprised primarily of agricultural and forested land uses (Figure 3). The Site is located on the former Walnut Wood golf course, and at the present time is comprised of an inactive golf course, driving range, ponds, and forested areas. Water quality stressors currently affecting the Site include stream impoundments and the burying of headwater streams into a piped system. There are no current conservation easements or options that conflict with the proposed mitigation bank. The project stream reaches are tributaries that flow into the Haw River then into the Cape Fear River. The Haw River is the major river in the HUC 03030002; this river and its tributaries flow to B. Everett Jordan Lake, a drinking water supply. This supply has been designated a Nutrient Sensitive Water and NCDWR has developed a set of rules to reduce non -point source pollution. Goals include promoting nutrient and sediment reduction in agricultural and urban areas by restoring and preserving streams, wetlands, and riparian buffers. 1.4 Identified Watershed Needs The North Carolina Division of Mitigation Services (DMS) develops River Basin Restoration Priorities (RBRP) to guide its restoration activities within each of the state's 54 cataloging units. The Cape Fear is one of four river basins entirely contained within North Carolina's borders. The 2009 Cape Fear River Basin RBRP identified several restoration needs for the entire Cape Fear River Basin, as well as for HUC 03030002, specifically. Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 1 July 2017 The proposed Site is designed to help meet these goals. The project will address stressors identified in the watershed through nutrient removal, sediment removal, runoff filtration, and improved aquatic and terrestrial habitat. These project goals will be achieved through stream enhancement and restoration. 1.5 Purpose and Objectives The purpose of the proposed Site is to generate compensatory mitigation credits for inclusion in the RES Cape Fear 02 Umbrella Mitigation Bank in HUC 03030002 of the Cape Fear River Basin. The project goals address stressors identified in the watershed, and include the following: • Nutrient removal, • Sediment reduction, • Invasive species treatment, • Filtration of runoff, • Restore hydrologic connectivity, • Enhance flood attenuation • Wildlife corridor enhancement and preservation, and • Improved aquatic and terrestrial habitat. The project goals will be addressed through the following project objectives: • Dam breach and pond removal, • Daylighting of headwater stream systems, • Restoration of appropriate pattern, dimension, and profile in stream channels and pond bottoms. • Treatment of exotic invasive species, • Restoration of riparian forested stream buffers • Addition of large woody debris such as log vanes, log weirs, and root wads. The proposed Site will provide numerous ecological and water quality benefits within the Cape Fear River Basin. These benefits are not limited to the project area, but have more far-reaching effects throughout the Cape Fear River. The Site will provide improvements to water quality, hydrologic function, and habitat. 1.6 Technical Feasibility The technical feasibility of the bank is assured due to RES' extensive experience with stream and wetland restoration and enhancement in North Carolina and throughout the Southeast. Examples of EBX's success with stream restoration and enhancement include Neu -Con Umbrella Mitigation Bank sites: specifically, the Marston, Nahunta, and Westbrook sites. The absence of fatal flaws such as hydrologic trespass, and the absence of threatened and endangered species and their habitats mean the project is unlikely to be impeded by resource issues, or by objections from landowners. 1.7 Site Ownership The land required for the construction, management, and stewardship of this mitigation project includes portions of the parcel listed in Table 1. A landowner map is also provided in Figure 4. Environmental Banc & Exchange, LLC has control of the property with an option to purchase. Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 2 July 2017 Table 1. Site Ownership 2 QUALIFICATIONS 2.1 Bank Sponsor The Site shall be established under the terms and conditions of the RES Cape Fear 02 Stream and Wetland Umbrella Mitigation Bank made and entered into by Environmental Banc & Exchange, LLC (EBX), acting as the Bank Sponsor. Company Name: Environmental Banc & Exchange, LLC Company Address: 302 Jefferson Street, Suite 110, Raleigh, NC 27605 Contact Name: Daniel Ingram Telephone: (919) 209-1056 Email: dingram@res.us 2.2 Bank Sponsor Qualifications Resource Environmental Solutions, LLC (RES) was founded in February 2007 and grew organically from its roots restoring Louisiana wetlands to deliver mitigation solutions across Louisiana, Texas, Pennsylvania, West Virginia, Maryland, Virginia, North Carolina and South Carolina. In December 2014, RES acquired industry pioneer Environmental Banc & Exchange, LLC (EBX), expanding the RES knowledge base and geographic and technical delivery capabilities. RES develops and supplies ecological offsets to help public and private sector clients obtain required permits for unavoidable, project -related impacts to wetlands, streams, and habitats. RES helps clients proactively manage risk from operations in environmentally sensitive areas by providing proactive impact analyses, streamlining permitting processes, and limiting liability and regulatory exposure. • RES is the premier provider of ecological offset solutions in the US • RES founded in 2007 / EBX founded in 1997 • 110 mitigation sites permitted/in process • Conservation easements protecting roughly 400 sites • 32,000 restored wetland acres • 4,000 acres of custom mitigation solutions • 155 miles of stream restoration • Reduced over 240 tons of nutrients • Rehabilitated and preserved over 3,700 acres of endangered species habitats In North Carolina, RES and its affiliated companies have won over $70 million in mitigation contracts with North Carolina state agencies. With a regional office in Raleigh staffed with full-time professionals, RES Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 3 July 2017 Deed Book Landowner Pin County and Page Parcel Protected Acreage Acreage Number Walnut Wood Golf 8801829027 Guilford 003459/01002 147 38.4 Course Inc. 2 QUALIFICATIONS 2.1 Bank Sponsor The Site shall be established under the terms and conditions of the RES Cape Fear 02 Stream and Wetland Umbrella Mitigation Bank made and entered into by Environmental Banc & Exchange, LLC (EBX), acting as the Bank Sponsor. Company Name: Environmental Banc & Exchange, LLC Company Address: 302 Jefferson Street, Suite 110, Raleigh, NC 27605 Contact Name: Daniel Ingram Telephone: (919) 209-1056 Email: dingram@res.us 2.2 Bank Sponsor Qualifications Resource Environmental Solutions, LLC (RES) was founded in February 2007 and grew organically from its roots restoring Louisiana wetlands to deliver mitigation solutions across Louisiana, Texas, Pennsylvania, West Virginia, Maryland, Virginia, North Carolina and South Carolina. In December 2014, RES acquired industry pioneer Environmental Banc & Exchange, LLC (EBX), expanding the RES knowledge base and geographic and technical delivery capabilities. RES develops and supplies ecological offsets to help public and private sector clients obtain required permits for unavoidable, project -related impacts to wetlands, streams, and habitats. RES helps clients proactively manage risk from operations in environmentally sensitive areas by providing proactive impact analyses, streamlining permitting processes, and limiting liability and regulatory exposure. • RES is the premier provider of ecological offset solutions in the US • RES founded in 2007 / EBX founded in 1997 • 110 mitigation sites permitted/in process • Conservation easements protecting roughly 400 sites • 32,000 restored wetland acres • 4,000 acres of custom mitigation solutions • 155 miles of stream restoration • Reduced over 240 tons of nutrients • Rehabilitated and preserved over 3,700 acres of endangered species habitats In North Carolina, RES and its affiliated companies have won over $70 million in mitigation contracts with North Carolina state agencies. With a regional office in Raleigh staffed with full-time professionals, RES Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 3 July 2017 has the ability to carry out existing projects, as well as secure and carry out new projects and banks in the State. A few representative projects implemented by RES are presented below. Neu -Con Umbrella Mitigation Bank (North Carolina): One of the first approved wetland and stream banks in North Carolina. The service area of the Bank is the entire Neuse River Basin. The Bank was established in April 2001. Initial contract: 22,964 linear feet of stream mitigation units (SMU) sold to North Carolina DOT based on credits produced from 3 stream restoration sites (initiated November 2000; sold all credits in November 2000; design initiated December 2001; construction completed on all sites Spring 2005; monitoring completed on all sites in Fall 2009). Additional sites added starting in 2008. Chesapeake Wetland Mitigation Bank (City of Chesapeake, Virginia): 545 -acre wetland mitigation bank in the Lower James Watershed in Virginia. The service territory of the Bank includes HUCs 02080206 and 02080208. The Bank was established in July 2009. The remainder of the 1,156 -acre property will be sold to the Great Dismal Wildlife Refuge (MBI finalized Spring 2009; construction completed Spring 2011; in the monitoring phase). Conoconnara Swamp Site (Halifax County, North Carolina): 87.0 WMU of wetland restoration and 5,050 SMU of stream restoration (initiated July 2005; construction completed Spring 2007; monitoring completed Fall 2011). 3 EXISTING CONDITIONS 3.1 Existing Reach Conditions Reach WWI Reach WWI begins above an existing pond and is entirely contained within a piped system before it drains directly to Climax Creek. The existing drainage area for the reach is approximately 26 acres. Current land - use is an inactive golf course fairway. Multiple catch -basins are present along the length of the proposed reach. There are no existing trees within the riparian zone. Reach WW2 Reach WW2 originates above a series of four in-line ponds and is contained within a piped system before it drains directly to Climax Creek. The existing drainage area for the reach is approximately 41 acres. Current land -use is an inactive golf course fairway, ponds, and fragmented wooded areas. Multiple catch - basins and pond structures are present throughout the length of the proposed reach. Reach WW3 Reach WW3 originates above a pond in the southern -most portion of the parcel and contains one in-line pond before draining to Climax Creek. The inlet and outlet structure on the pond are actively eroding and no longer functioning as designed. The existing drainage area for the reach is approximately 31 acres. Reach WW4 Reach WW4 originates as an intermittent stream feature before being piped underground and draining directly to Climax Creek. Current land -use is an inactive golf course fairway and fragmented wooded areas. Multiple catch -basins are present along the length of the proposed reach. Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 4 July 2017 Climax Creek Climax Creek is a perennial stream channel that is the main drainage feature of the project. Large portions of the channel have been historically cleared and maintained as part of the golf course operation. Multiple stream crossings are present on the property. 3.2 Existing Wetlands Detailed wetland delineation has not been performed. The Site will be delineated by RES and approved by the USACE during the design phase of the project. The stream channels were classified using North Carolina Division of Water Quality methodology. Stream determinations will be approved by NCDWR during the design phase of the project. 3.3 Soil Survey 3.3.1 General Physiographic and Geologic Characteristics The Site is located in the Southern Outer Piedmont Level IV Ecoregion within the Piedmont Level III Ecoregion. Pine (mostly loblolly and shortleaf) dominates on old field sites and pine plantations, while mixed oak forest is found in less heavily altered areas. Gneiss, schist, and granite are typical rock types, covered with deep saprolite and mostly red, clayey subsoils. Kanhapludults are common soils, such as the Cecil, Appling, and Madison series. Some areas within this region have more alkaline soils, such as the Iredell series, formed over diabase, diorite, or gabbro, and may be associated with areas once known as blackjack oak prairies. 3.3.2 Site Mapped Soil Series Site soils are mapped by the Natural Resources Conservation Service (MRCS) as Chewacla and Wehadkee, on the low-lying depressions and floodplains at the proposed project. Chewacla and Wehadkee occur as loam and are frequently flooded. Soils that occur on uplands and high stream terraces at the site are mapped as Enon, Mecklenburg, and Wilkes-Poindexter-Wynott complex. Enon is a fine sandy loam with 2 to 6 percent slopes, Mecklenburg is a sandy clay loam, and Wilkes-Poindexter-Wynott complex has 15 to 45percent slopes (Figure 5). 3.4 Endangered/Threatened Species Plants and animals with a federal classification of endangered or threatened are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service (USFWS) database (accessed 19 June 2017) lists one threatened species for Guildford County, North Carolina. The species is the Small whorled pogonia (Isotria medeoloides) and it has a current record status. The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary site evaluations. In addition to the USFWS database, the most recent (January, 2017) NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species are mapped within one mile of the Site. Results from NHP indicated that there are four element occurrences of animals within a one -mile radius of the project area. Three occurrences maintain historical status (EO IDs 23383, 31774, 34473), and one occurrence maintains a current status (EO ID 18289). Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 5 July 2017 Based on initial site investigations, no impacts to federally protected species are anticipated as a result of the proposed project. The environmental screening phase of the project will include USFWS and NHP coordination to confirm these findings. Table 2. Federally Protected Species in Guilford County Common Name Scientific name Federal Status Habitat Present Record Status Vertebrate: Bald eagle Haliaeetus leucoce halus BGPA Yes Current Vascular Plant: Small whorled pogonia Aeschynomene virginica T No Historic E = Endangered; T = Threatened; BGPA = Bald and Golden Eagle Protection Act 3.5 Vegetation and Wildlife Historically, the majority of the land within the Site was a maintained golf course that included fairways, greenways, a club house, maintenance building, driving range, water features (i.e., ponds or streams), maintained field, and golf cart paths. Current land use around the Site is primarily un -maintained fairways and forest. Common tree species observed include red maple (Acer rubrum), American Sycamore (Platanus occidentalis), sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron tulipifera), and red cedar (Juniperus virginiana). There are low-density residential lots, maintained vegetation, and two-lane roads also present in the immediate project vicinity. National Wetland Inventory (NWI) mapping depicts wetlands throughout the project area (Figure 6). The NWI mapped wetlands are all ponds. During the initial evaluation, few riparian wetlands were identified along the Climax Creek floodplain. All potential wetland areas in the project corridors will be delineated during the mitigation plan phase of the project. 3.6 Cultural Resources A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed 19 June 2017) database revealed no eligible historic areas in the proposed project area. The environmental screening phase of the project will include SHPO coordination to confirm these findings. 3.7 Constraints Minimal constraints are present or proposed on the Site. The entirety of Climax Creek is within a mapped FEMA 100 -year floodplain (Figure 7). RES will conduct a FEMA flood study to obtain either a No -Rise Certification or CLOMR/LOMR from the Guilford County floodplain administrator. Six existing ponds and a network of drainage tiles and pipes within the property will be removed as part of the restoration. Construction access is slightly constrained in some areas by existing mature hardwood vegetation. A tree survey will be conducted to design the mitigation measures and access to minimize impacts to specimen trees. Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 6 July 2017 3.8 Site Photographs Existing pond at top of proposed Reach WWI. 06//20/2017 Drainage patterns above Reach WW2 origin point before going underground. 06/20/2017 Inlet/drainage connection between two ponds along Reach WW2. 06/20/2017 Walnut Wood Mitigation Site RES Cape Fear 02 Umbrella Bank Failing inlet/pipes along Reach WWI looking downstream. 06/20/2017 Downstream most pond along proposed Reach WW2. 06//20/2017 Looking downstream at existing pond inlet - Reach WW3. 06/20/2017 INSTRUMENT MODIFICATION 7 July 2017 Looking upstream at existing pond inlet- Reach WW3. 06/20/2017 Existing condition of Reach WW4. 05/12/2017 Proposed channel location/existing floodplain for Reach WW4. 06//20/2017 Climax Creek during flood conditions. 06/20/2017 Typical inlet along restoration reaches. 05/12/2017 47`� Typical inlet along restoration reaches. 05/12/2017 Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 8 July 2017 4 PROPOSED BANK CONDITIONS 4.1 Conceptual Mitigation Plan The Site presents the opportunity to provide up to 6,388 stream mitigation units. These will be derived from Restoration, and Enhancement Level II. Table 3 details the mitigation types and SMUs generated. The proposed conceptual design plan is shown in Figure 8. Table 3. Proposed Mitigation Summary Reach Midi ation Type Length (LF) Ratio SMUs WWI Restoration 843 1:1 843 WW2 Restoration 1,881 1:1 1,881 WW3 Restoration 1,974 1:1 1,974 WW4 Restoration 433 1:1 433 Climax Creek Enhancement II 3,084 2.5:1 1,234 Total 8,215 6,365 4.1.1 Project Development Proposed mitigation for the Site involves Restoration and Enhancement Level Il. The stream system is situated on four unnamed tributaries to Climax Creek. Current stream conditions along the proposed restoration reaches are completely contained within a network of pipes and in-line ponds. The current condition of Climax Creek is a fairly stable channel with a limited riparian buffer along the majority of its length within the project. The proposed mitigation approach is based on functional considerations, and generally accepted practices in North Carolina. Restoration reaches will typically include a meandering single -thread stream pattern and proposed sinuosity will depend on local reference reach conditions and hydrologic and hydraulic modeling. The restoration of planform and dimension, periodic flooding and restored riparian buffer will provide the appropriate hydrology and sediment transport throughout this catchment (mitigation ratio 1:1). Enhancement Level II treatments include, revegetation of riparian buffers, stream crossing removal, and invasive species treatment (mitigation ratio 2.5:1). 4.1.2 Stream Restoration and Enhancement Stream restoration efforts will be accomplished through analyses of geomorphic conditions and watershed characteristics. The design approach will apply a combination of analytical and reference reach based design methods that meet objectives commensurate with both ecological and geomorphic improvements. Proposed treatment activities may range from minor bank grading and planting to re-establishing stable planform and hydraulic geometry. Natural design concepts will be applied for the restoration reaches and verified through rigorous engineering analyses and modeling. The objective of this approach is to design a geomorphically stable channel that provides habitat improvements and ties into the existing landscape. Because all the restoration reaches are currently contained in a network of pipes and impoundments, Table 4 describes proposed conditions of the restored channels on-site. Climax Creek is approximately 15 feet wide with an average depth of 3 feet throughout the project area. Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 9 July 2017 Table 4. Proposed Morphological Parameters of Restoration Reaches Reach WWI WW2 WW3 WW4 Drainage Area (Ac) 25.8 41.4 30.8 21.8 Bankfull Width (ft) 5 7 5 5 Cross -Sectional Area (ft2) 6 8 7 6 Mean Depth (ft) 1 1 1 1 Width/Depth Ratio 5 7 5 5 The Site design approach will begin with a thorough study of existing conditions, including the on-site streams and ditches, valleys, and watershed. Design parameters, including active channel, habitat and floodplain features will be developed from analysis of suitable reference streams. Analytical design techniques will be an important element of the project, and will be used to determine the design discharge and to verify the design as a whole. Engineering analysis will be performed using various hydrologic and hydraulic models to verify the reference reach -based design. A combination of methods, including HEC -HMS, Hydraflow Hydrographs, and flood frequency analysis, will be used to calculate flows received by the channel for bankfull and other significant storm events. A HEC -RAS model will then be used to simulate water surface elevations of flows generated by the hydrologic analysis. The development of the HEC models is an important component to the design; therefore, model input parameters are field verified when possible. Through this hydrologic analysis, the design discharge (typically referenced as bankfull or dominant discharge) will be determined. The subsequent design will be based on this calculated discharge. Design parameters developed through the analyses of reference reach data and hydrologic and hydraulic modeling will be confirmed using the Stable Channel Design function and/or the Sediment Transport Analysis components within HEC -RAS. Engineering analyses are performed concurrently with geomorphic and habitat studies. While stream design will be verified by simulations of hydrology and fluvial processes, analogs of desirable habitat features will be derived from reference sites and integrated into the project design. Both in -stream and riparian habitat features will be designed. In -stream structures such as root wads, rock vanes, and cross weirs will be used throughout the project to act as grade control and for bank stabilization by dissipating and redirecting the stream's energy. Bank stability may be further enhanced through the installation of brush mattresses and cuttings bundles consisting of species such as black willow (Salix nigra), cottonwood (Populus deltoides) and silky dogwood (Cornus amomum). In -stream habitat is highly dependent on available cover and organic material. A quantitative habitat assessment method will be used to measure type, location, and quantity of habitat in the reference streams. During design, the habitat assessment results will be scaled appropriately to the design parameters such that the quantity and placement of the habitat features along the restored channel will mimic reference conditions. This process provides a natural channel design that addresses aquatic function improvements in addition to stability. Stream banks will be stabilized using a combination of grading, erosion control matting, plantings, native material revetment techniques (i.e., bioengineering), and structure placement. The stream and adjacent riparian areas will be protected by a minimum 50 -foot permanent conservation easement which will be Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 10 July 2017 fenced to exclude livestock as needed. In most areas the riparian buffer width will exceed 100 feet on each bank. 4.1.3 Monitoring Stream stability and vegetation survival will be monitored across both the restoration and enhancement areas of the site to determine the success of the stream and buffer mitigation. Stream stability will be monitored with cross section surveys and visual assessment stream walks. Vegetation survival rates will be monitored using vegetation plots over approximately two percent of the planted area. 4.1.3.1 As -Built Survey An as -built survey will be conducted following construction to document channel size, condition, and location on constructed or modified channels. The survey will include a complete profile of thalweg, water surface, bankfull, and top of bank to compare with future geomorphic data. Longitudinal profiles will not be required in annual monitoring reports unless requested by the Interagency Review Team (IRT). 4.1.3.2 Visual Monitoring Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by qualified individuals. The visual assessments will include vegetation density, vigor, invasive species, and easement encroachments. Visual assessments of stream stability will include a complete streamwalk and structure inspection. Digital images will be taken at fixed representative locations to record each monitoring event, as well as any noted problem areas or areas of concern. Results of visual monitoring will be presented in a plan view exhibit with a brief description of problem areas and digital images. 4.1.3.3 Cross Sections Permanent cross-sections will be installed at a minimum of one per 20 bankfull widths with half in pools and half in shallows. All cross-section measurements will include bank height ratio and entrenchment ratio. Cross-sections will be monitored annually. There should be little change in as -built cross-sections. If changes do take place, they should be evaluated to determine if they represent movement toward a less stable condition (for example down -cutting or erosion), or are minor changes that represent an increase in stability (for example settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio). Bank height ratio shall not exceed 1.2, and the entrenchment ratio shall be no less than 2.2 within restored reaches. Channel stability should be demonstrated through a minimum of four bankfull events documented in the seven-year monitoring period. 4.1.3.4 Vegetative Success Criteria Vegetation monitoring plots will be a minimum of 0.02 acres in size, and cover approximately two percent of the planted area. The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. Monitoring will occur each year during the monitoring period. The interim measures of vegetative success for the site will be the survival of at least 320 planted three-year old trees per acre at the end of Year 3 and 260 five-year old trees per acre at the end of Year 5. The final vegetative success criteria will be the survival of 210 trees per acre with an average height of 10 feet at the end of Year 7 of the monitoring period. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the site. If necessary, EBX will develop a species-specific control plan. Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 11 July 2017 4.1.3.5 Adaptive Management The Mitigation Plan will include a detailed adaptive management plan that will address how potential problems are resolved. In the event that the site, or a specific component of the site, fails to achieve the defined success criteria, EBX will develop necessary adaptive management plans and/or implement appropriate remedial actions for the site in coordination with the IRT. Remedial actions will be designed to achieve the success criteria specified previously, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. If tree mortality affects 40 percent or greater of the canopy in a stream or wetland restoration area, then a remedial/supplemental planting plan will be developed and implemented for the affected area(s). 5 BANK ESTABLISHMENT AND OPERATION 5.1 Establishment and Operation of the Bank This Bank Parcel shall be established under the terms and conditions of the RES Cape Fear 02 Stream and Wetland Umbrella Mitigation Banking Instrument (LIMBI) made and entered into by and among EBX, LLC, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Marine Fisheries Services, the North Carolina Department of the Environment and Natural Resources, the North Carolina Division of Water Resources, and the North Carolina Wildlife Resources Commission, collectively, the Interagency Review Team. 5.2 Proposed Credit Release Schedule All credit releases will be based on the total credit generated as reported by the as -built survey of the Mitigation Site. The pre -construction credit release (15 percent) will be based on the credit total in the Final Mitigation Plan. The second credit release will be based on the As -Built survey, and will adjust the total released credits based on the actual constructed channel lengths. Under no circumstances shall any mitigation project be debited until the necessary DA authorization has been received for its construction or the District Engineer (DE) has otherwise provided written approval for the project in the case where no DA authorization is required for construction of the mitigation project. The DE, in consultation with the Interagency Review Team, will determine if performance standards have been satisfied sufficiently to meet the requirements of the release schedule below. In cases where some performance standards have not been met, credits may still be released depending on the specifics of the case. At the direction of the DE, in consultation with the IRT, monitoring may be required to be extended, depending on the extent to which the site fails to meet the specified performance standard. The release of project credits will be subject to the criteria described in Table 5. Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 12 July 2017 Table 5. Stream Credit Release Schedule Release Milestone Credit Release Activity Interim Release Total Released Site Establishment (includes all required criteria 15% 15% 1 stated above) Baseline Monitoring Report and As -built Survey 15% 30% 2 First year monitoring report demonstrates 10 ° 40 ° /o/0 3 performance standards are being met. Second year monitoring report demonstrates 10% 4 performance standards are being met. 50% Third year monitoring report demonstrates ° 10 /o 5 performance standards are being met. 60% 6 Fourth year monitoring report demonstrates ° 5 /° 65% performance standards are being met. (75%**) Fifth year monitoring report demonstrates 10/o ° 75% 7 performance standards are being met. (85%**) 8 Sixth year monitoring report demonstrates ° 5 /° 80% performance standards are being met. (95%**) Seventh year monitoring report demonstrates 90% 9 performance standards are being met, and project 10% has received close-out approval. (100%**) * * 10% reserve of credits to be held back until the bankfull event performance standard has been met. These reserve credits cannot be released prior to completion of year 4 monitoring. 5.2.1 Initial Allocation of Released Credits The initial allocation of released credits, as specified in the mitigation plan can be released by the IRT with written approval of the DE upon satisfactory completion of the following activities: 1. Approval of instrument modification by the DE, in consultation with the IRT; 2. Approval of a Final Mitigation Plan; 3. Confirmation that the Bank site has been secured; 4. Delivery of executed financial assurances as specified in the Mitigation Plan; 5. Delivery of a copy of the recorded long-term protection mechanism as described in the Mitigation Plan, as well as a title opinion covering the property acceptable to the DE; and 6. Issuance of any DA permits necessary for construction of the Bank site (if necessary). Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 13 July 2017 5.2.2 Subsequent Credit Releases The second credit release will occur after the completion of implementation of the Mitigation Plan and submittal of the Baseline Monitoring Report and As -built Survey. All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a determination that required performance standards have been achieved. As projects approach milestones associated with credit release, the Sponsor will submit a request for credit release to the DE along with documentation substantiating achievement of criteria required for release to occur. This documentation will be included with the annual monitoring report. 5.3 Financial Assurances The Sponsor shall provide financial assurances in the form of a Performance Bond to the IRT sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances shall be payable at the direction of the USACE to its designee or to a standby trust. Financial assurances structured to provide funds to the USACE in the event of default by the Bank Sponsor are not acceptable. A financial assurance must be in the form that ensures that the USACE receives notification at least 120 days in advance of any termination or revocation. 5.4 Proposed Ownership and Long -Term Management EBX, LLC, acting as the Bank Sponsor, will establish a Conservation Easement, and will monitor the Site for a minimum of seven years. The Mitigation Plan will provide detailed information regarding bank operation, including long term management and annual monitoring activities, for review and approval by the IRT. Upon approval of the Sites by the IRT, the site will be transferred to a long-term land steward (to be determined in the Mitigation Plan). The long-term steward shall be responsible for periodic inspection of the site to ensure that restrictions required in the Conservation Easement or the deed restriction document(s) are upheld. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer to the responsible party. The Bank Sponsor will ensure that the Conservation Easement will allow for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Site during the initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the RES Cape Fear 02 Stream and Wetland Umbrella Mitigation Bank made and entered into by EBX, LLC and USACE. 5.5 Assurance of Water Rights Sufficient water rights exist to support the long-term sustainability of the site, as there are no "severed" rights on the property. Walnut Wood Mitigation Site INSTRUMENT MODIFICATION RES Cape Fear 02 Umbrella Bank 14 July 2017 Figures Uaa�Y Rd 111low Be,, Rd V., 3: woody t woody Mill Rd eensboro paw" -K A,PP Forest Oaks Ari Pleasant garden iWainut Wood Site Rd FIGURE 1 wE Vicinity Map 0 1,000 2,000 Walnut Wood Mitigation Site Feet Guilford County, North Carolina D.Wy Rd Thacker 0.11Y Rd Rd C'4 " Nee % 4 Rd C'4 " 'Z6 C;p d'� Le -gen phillipp, F 0 Project Parcel Date: 7/7/2017 Drawn by: BPB Checked by: xxxxxxxx 6 res 4 'Z6 C;p d'� Le -gen phillipp, F 0 Project Parcel Date: 7/7/2017 Drawn by: BPB Checked by: xxxxxxxx 6 res Le-gend Proposed Easement FIGURE 2 Date: 7/7/2017 wE —s USGS Map Drawn by: BPB 0 1,000 2,000 Walnut Wood Mitigation Site re Feet Guilford County, North Carolina s r~ t m rr i a d $ w Yr y,P'i �, 11 .• i :,. l %' �, 1 Y dR Vol IV" I ,5@ } foil ' eta dp• 4 , k� µ �= ift nL t•��q � �`i�"^:..a.��:�t� �t�,i.� n xr� �� R'��'�y�+ ��.�:,."�S`+M;.*�>� t� �til� �' �:, R o w�E s 0 200 400 Feet x FIGURE 3 Aerial Map Walnut Wood Mitigation Site Guilford County, North Carolina Legend Proposed Easement Date: 7/7/2017 Drawn by: BPB res I � w�E � s 0 250 500 €I Feet a '.r"4W w � - mb t t Owner: WALNUT WOOD GOLF COURSE INC 4 'Par`c'el No: 880182902,7 � � � t► 1 , ;T �l FIGURE 4 Landownerl Map Walnut Wood Mitigation Site Guilford County, North Carolina 1 - Mr Legend Proposed Easement _ Project Parcels Parcels Date: 7/7/2017 Drawn by: BPB res ;—'� 0 P N�_ ,i•, at.�., tis � -,. Legend Q Proposed Easement Project Parcel FEMA Zone AE FEMA Floodway 7 al FIGURE 7 Date: 7/7/2017 8 4— Constraints Map Drawn by: BPB o zoo 400 Walnut Wood Mitigation Site inres O of Feet Guilford County, North Carolina A!! Reach Mitigation Type Length (LF) Ratio SMUS WWI Restoration 843 1:1 843 WW2 Restoration 1,881 1:1 1,881 WW3 Restoration 1,974 1:1 1,974 WW4 Restoration 433 1:1 433 Climax Creek Enhancement II 3,084 2.5:1 1,234 T t l 8 215 6 365 �` M � 1 1 � � "�"` � • � ilk.,. _ " WW, *,. lM14 A wA ' 464 ®r !�� 7.;:.A Mf _ l ° M WW3 v ' Legend Restoration Enhancement II Proposed Easement Project Parcel FIGURE 8 Date: 7/7/2017 s we Drawn by: BPB VVV Conceptual Mapres o zoo 400 Walnut Wood Mitigation Site of Feet Guilford County, North Carolina I I / Appendix A — Landowner Authorization Form Landowner Authorization Form Site: Walnut Wood Property Legal Description Deed Book: 3459 Page: 1002 County: Guilford Parcel ID Number: 8801-82-9027 Street Address: 3172 Alamance Church Road, Julian, NC 27283 Record Property Owner: Walnut Wood Golf Course Inc. Authorized Invitee: Colonel Land LLC The undersigned, being duly authorized by the record property owner of the above property, in accordance with the terms of an Offer to Purchase and Contract dated 5/26/2017, do hereby authorize Resource Environmental Solutions, the NC Division of Water Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland, and or riparian buffer restoration project, including conducting stream and or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). Authorized Invitee Address: 302 Jefferson Street, Suite 110, Raleigh, NC 27605 I/We hereby certify the above information to be true and accurate to the best of my/our knowledge. V (Authorized In ' ee Authorized Signature) Date IN - J �4 5 O -Al �iM /"I L i 7 /'?/?--o/7 (Authorized Invitee Printed Name) Date 4815-4603-0411, v. 1