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20170537 Ver 2_BPDP revised_20171206
Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site i November 2017 Bank Parcel Development Plan Hannah Bridge Mitigation Site Johnston County, North Carolina Neuse River Basin HUC 03020201 Prepared By: November 2017 Bank Sponsor: EBX-Neuse I, LLC, 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-829-9909 Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site ii November 2017 Table of Contents 1 INTRODUCTION .............................................................................................................................. 3 1.1 Parcel Location ............................................................................................................................. 3 1.2 Parcel Overview ........................................................................................................................... 3 2 PROJECT AREA – EXISTING CONDITIONS ............................................................................. 4 2.1 Physiography ................................................................................................................................ 4 2.2 Soils .............................................................................................................................................. 5 2.3 Existing Vegetation Communities ................................................................................................ 6 2.4 Wetlands ....................................................................................................................................... 7 2.5 Threatened and Endangered Species ............................................................................................ 7 2.6 Environmental and Cultural Constraints ...................................................................................... 8 2.7 FEMA Floodplain/Floodway Mapping ........................................................................................ 8 3 RIPARIAN RESTORATION, ENHANCEMENT AND PRESERVATION PLAN ................... 9 3.1 Riparian Restoration, Enhancement, and Preservation Activities ............................................... 9 3.2 Planting Plan ............................................................................................................................... 10 3.3 Easement Boundaries and Fencing ............................................................................................. 10 4 MONITORING AND MAINTENANCE PLAN ........................................................................... 11 4.1 Monitoring Protocol and Success Criteria .................................................................................. 11 4.2 Adaptive Management Plan ........................................................................................................ 11 4.3 Long Term Management Plan .................................................................................................... 11 5 FINANCIAL ASSURANCE ............................................................................................................ 12 6 MITIGATION POTENTIAL .......................................................................................................... 12 7 CREDIT RELEASE SCHEDULE FOR MEADOW SPRING .................................................... 14 8 REFERENCES ................................................................................................................................. 15 APPENDIX Appendix A– Supporting Figures Figure 1. Service Area Map Figure 2. Project Vicinity Map Figure 3. Existing Conditions Figure 4. Conceptual Design and Credit determination for Stream and Wetland Restoration/Enhancement (Section 404 Mitigation) Figure 5. Conceptual Design Plan for Riparian Buffer and Credit Determination Figure 6. USGS Topographic Map Figure 7. Soils Map Figure 8. National Wetlands Inventory Map Figure 9. FEMA Map Figure 10. Proposed locations of Monitoring Plots for Riparian Buffer and Nutrient Offsets Appendix B- Correspondence Appendix C- Conservation Easement and Plat Appendix D – Existing Conditions Photos (January 14, 2017) Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 3 November 2017 1 INTRODUCTION EBX–Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide this Bank Parcel Development Plan (BPDP) for the Hannah Bridge Riparian Buffer and Nutrient Offset Mitigation Bank (“Parcel”). This Parcel is designed to provide riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey (‘USGS’) 8-digit Hydrologic Unit Code (HUC – 03020201). In addition, it will also provide nutrient offset credits in the 03020201 HUC, excluding the Falls Lake Watershed, for existing and proposed development requiring such mitigation (Figure 1). This BPDP is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, 15A NCAC 02B.0240 and the RES Neuse Umbrella Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits (UMBI), made and entered into by EBX-Neuse I, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality-Division of Water Resources (DWR). Supporting figures can be found in Appendix A. The BPDP has also been designed in concurrence with the Hannah Bridge Stream and Wetland Mitigation Site in the Neu-Con Stream and Wetland Umbrella Mitigation Bank (SAW# 2015-01799). The mitigation plan for the Hannah Bridge Stream and Wetland Mitigation Bank has been submitted and approved by the Interagency Review Team (IRT). 1.1 Parcel Location The Parcel is located in Johnston County approximately five miles south of the town of Four Oaks, NC (Figure 2). The Parcel is located within Neuse River Basin USGS 14-digit HUC 03020201150020 and North Carolina Division of Water Resources (DWR) Subbasin Number 03-04-04. To access the Parcel from the town of Four Oaks, travel South on NC Hwy 96 and turn left on Green Pasture Road. The coordinates of the site are 35.380621°N and -78.417107 °W. 1.2 Parcel Overview When combining the Hannah Bridge Stream & Wetland Mitigation Bank with the Hannah Bridge Buffer Mitigation and Nutrient Offset Bank, the conservation easement totals 46.2 acres and includes unnamed tributaries, and storm water runoff from adjacent pastures that flow directly to Hannah Creek. The drainage area of the Parcel is 1.39 mi². The Parcel is located in an area dominated by agriculture, livestock, and residential land use. A majority of the Parcel is utilized for livestock pasture. Additional land use practices including the maintenance and removal of riparian vegetation and the relocation, dredging and straightening of onsite streams has resulted in degraded water quality and unstable channel characteristics. The Hannah Bridge Mitigation Site is proposed to provide stream restoration and enhancement on approximately 8,524 linear feet of streams and wetland restoration, enhancement, and preservation on 16.7 acres of wetlands within the conservation easement through a separate mitigation banking instrument with the IRT. RES does not plan to convert any wetland mitigation credits to buffer or nutrient credit. Figure 3 shows the existing stream channel and wetland boundary and Figure 4 shows the proposed stream and wetland mitigation areas for the stream and wetland mitigation bank and Figure 5 shows the proposed riparian mitigation areas. Riparian restoration, enhancement, and preservation of the Neuse riparian buffer (as defined in 15A NCAC 02B .0233) and other riparian areas onsite are anticipated to result in immediate water quality benefits within the vicinity of the Parcel and will include the removal of livestock access to Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 4 November 2017 Parcel streams and reduction in nutrient loads from agricultural land-uses. The riparian restoration activities within the Parcel will also result in improved water quality within the downstream watershed. The project area is comprised of two separate easement locations along multiple drainage features that flow into Hannah Creek. The northern easement area captures a single unnamed tributary to Hannah Creek and a portion of its headwaters. The southern easement area is separated from the northern area by an active agricultural field, and is divided into three different areas due to a utility crossing and a culvert crossing. The northern portion of the project contains Reach TH3, while the southern portion is comprised of Reaches HB1, HB2, HB3, HB4, HF1, and HF2. Reach TH3 is a straightened intermittent stream downstream from disturbed wetlands that is approximately 713 linear feet and flows in an easterly direction into Hannah Creek. Reaches HB1, HB2, HB3, HB4, HF1, and HF2 are northeasterly flowing perennial streams that flow through a combination of pasture and intermittent wooded areas. Reach HF2 contains an oversized channelized ditch upstream and a channel through wooded area just upstream of the confluence with HF1. Buffer determinations were made by staff with the North Carolina Department of Environment and Natural Resources during a site visit on April 16, 2015 in a letter dated April 24, 2015. Correspondence regarding this assessment is provided in Appendix B. The Parcel is being proposed to restore, enhance, and preserve stream systems with their adjacent riparian areas and their functions and values to compensate in appropriate circumstances for unavoidable stream and riparian buffer impacts and nutrient load reduction requirements. The riparian buffer and nutrient offset mitigation plan proposed on this Bank is being submitted for review under the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, as well as conditions specified in the RES Neuse Riparian Buffer and Nutrient Offset Mitigation Banking Instrument. All the riparian areas were assessed by DWR during an onsite visit on April 8, 2015 and May 15, 2017 to determine viability for buffer mitigation and nutrient offset and noted in a letter dated June 11, 2015 and May 23, 2017. Correspondence regarding this assessment is provided in Appendix B . For purposes of the Hannah Bridge Nutrient Offset & Buffer Bank, the Parcel involves restoring riparian buffers and other riparian areas adjacent to mitigated streams onsite. Of the total 46.2 total acres in the conservation easement, 5.09 acres will be restored for Neuse riparian buffer credit (which is also viable to generate nutrient credit), 4.26 acres will be restored for nutrient offset credit (which is also viable to generate buffer credit), 0.48 acres will be enhanced by the removal of cattle from the streams and riparian areas for Neuse riparian buffer credit only, and 1.39 acres will be preserved for Neuse riparian buffer preservation credit only. 2 PROJECT AREA – EXISTING CONDITIONS 2.1 Physiography The Parcel is in the Coastal Plain Physiographic Province. Soils in the Coastal Plain region formed in sediment deposits several millions of years ago by the ocean and streams; however, the floodplains along the Neuse River consist of recent deposits. These deposits are not as weathered as the sediments in the Coastal Plain region. The site is located on the Hannah Creek floodplain and has a gently rolling topography. Elevations range from 120 to 140 feet above mean sea level (NAD 27) based upon USGS mapping (Figure 6). There are five unnamed tributaries and a few agriculture ditches on The Hannah Bridge Bank Parcel as well as overland flow of storm water drain into Hannah Creek just downstream of Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 5 November 2017 the Parcel. Natural drainage patterns throughout the watershed have been altered by cultivation and dredging of the channels and/or ditched to drain to nearby fields for agricultural operations. Within the proposed mitigation area, the channels drain surface water and groundwater from the surrounding agricultural practices. Therefore, bank stabilization and backfilling of ditches will be used to restore and enhance the natural drainage patterns. 2.2 Soils The Site is located in the Coastal Plain Physiographic Province. The soils within the Coastal Plain region of Johnston County formed in sediments deposited several million years ago by the oceans and streams. The flood plains along the Neuse River consist of relatively recent deposits of sediments that are not as highly weathered as sediments in the Coastal Plain Region. Much of the county is well drained; however, several areas are poorly drained. The Johnston County Soil Survey shows several mapping units across the site. Map units include seven soil series (Figure 7). The soil series found on the site are described below and summarized in Table 1. Goldsboro sandy loam. This is a very deep, moderately drained soil found on uplands of the Coastal Plain. Soils formed in fluviomarine deposits, and generally occur on slopes between 0-10%. Runoff is negligible to medium and permeability is moderate. Major uses are cropland. Goldsboro sandy loams occur along the stream near the middle of the proposed conservation easement. Lynchburg sandy loam. This is a very deep, somewhat poorly drained soil that occurs on terraces and flats of the Coastal Plain. They formed in fluviomarine deposits, and generally occur on slopes between 0-5%. Runoff is negligible and permeability is moderate. Major uses are cropland, pasture, and forest. Lynchburg sandy loam occurs along the stream near the middle of the easement almost opposite of the Goldsboro sandy loam. Bibb sandy loam. This is a very deep, poorly drained soil found on flood plains of the Coastal Plain. Slopes are generally less than 2%. Soils formed in stratified sandy alluvium and have very slow runoff with moderate permeability. The water table is generally within 8 inches of the surface for 6 to 11 months of the year. Bibb sandy loams occurs along the majority of the easement around the stream. Gilead sandy loam. This is a very deep, moderate to well drained soil that occurs on ridges and terraces of the Coastal Plain. They formed in clayey marine deposits, and generally occur on slopes between 2- 8%. Runoff is medium and permeability is moderate. Major uses are cropland. Gilead sandy loam occurs within the South most wetland and southern end of the tributary inside of the proposed conservation easement. Rains sandy loam. This is a very deep, poorly drained soil that occurs on crests of the Coastal Plain. They formed in Loamy and sandy marine deposits, and generally occur on slopes between 2-6%. Runoff is low and permeability is moderate. Major uses are cropland. Rains sandy loam occurs within the North most wetland inside of the proposed conservation easement. Uchee loamy course sand. This is a very deep, well-drained soil that occurs on flats and depressions of the Coastal Plain. They formed in fluviomarine deposits, and generally occur on slopes between 0-2%. Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 6 November 2017 Runoff is negligible and permeability is moderate. Major uses are forest and cropland. Uchee loamy sand occurs within the south wetland inside of the proposed conservation easement. Altavista fine sandy loam. This is a very deep, moderately to well-drained soil that occurs on stream terraces of the Coastal Plain. They formed in old loamy alluvium derived from igneous and metamorphic rock, and generally occur on slopes between 0-3%. Runoff is negligible and permeability is moderate. Major uses are cropland. Altavista fine sandy loam occurs along the east boundary of the proposed easement in wetland/stream area. Table 1. Parcel Mapped Soil Series Map Unit Symbol Map Unit Name Percent Hydric Drainage Class Hydrologic Soil Group Landscape Setting GoA Goldsboro sandy loam, 0 – 2% slopes 2% Moderately well B Flats, Marine Terraces Ly Lynchburg sandy loam 6% Somewhat poorly C Flats, Marine Terraces Bb Bibb sandy loam, frequently flooded 90% Poorly D Floodplains Ra Rains sandy loam 90% Poorly B/D Flats, Marine Terraces UcB Uchee loamy coarse sand 0% Well C Broad interstream divides on marine terraces, ridges on marine terraces GeB Gilead sandy loam 0% Moderate/Well C Marine terraces AaA Altavista fine sandy loam 9% Moderate/Well C Stream Terraces 2.3 Existing Vegetation Communities Current land use in the vicinity of the project is primarily agriculture and forest. Common species include red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), and swamp tupelo (Nyssa biflora). Invasive species are widespread throughout the majority of the project area, most notably Chinese privet (Ligustrum sinense) and multiflora rose (Rosa multiflora). Riparian Vegetation An Existing Conditions Map is provided in Figure 3. Vegetation along the top of Reach HB1 is active cattle pasture with pockets of soft rush (Juncus effusus) throughout the hydric areas. The left banks of HB3 and HB4 are also active cow pasture with common rush and other disturbed herbaceous vegetation. There is no tree or sapling stratum in these areas. Reaches TH1, TH2, and TH3 are also active pasture, but have sparse tree cover. Reaches HB2 and HF1 are characterized as bottomland hardwood forests, that vary from functional to disturbed based on the degree of cattle access. Cattle do not have access to the streams from the southern parcels, therefore the riparian buffer along the right bank of HB2 and the entirety of Reach HF1 is in much better condition with a full tree canopy. The confluence of HB4 and Hannah Creek at the downstream end of the project is a cypress-gum swamp community with a fully developed canopy, but lower stem density than seen in the other wooded reaches of the project. This area is dominated by Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 7 November 2017 swamp tupelo and bald cypress (Taxodium distichum). Japanese stiltgrass (Microstegium vimineum) is very common throughout the understory. Detailed observations of vegetation species, soils, and hydrology were recorded in each community type. Where cattle are currently grazing in forested areas adjacent to streams, fencing will be installed and these areas will be used to generate buffer enhancement mitigation credit per 15A NCAC 02B .0295 (o)(6). 2.4 Wetlands The US Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts three wetland areas within the site (Figure 8). A Freshwater Pond (PUBHh) is mapped within the mid-western part of the easement, a Freshwater Forested/Shrub Wetland (PFO1C) runs along HB4 in the northeastern part of the easement, and a Palustrine, Forested, Broad-Leaved Deciduous Wetland (PFO1F) is located in the east side of the northern most portion of the easement. A wetland delineation was performed in May 2016. Wetland boundaries were delineated using current methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (DOA 1987) and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). Soils were characterized and classified using the Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA-NRCS 2010). Wetland boundaries were marked with sequentially numbered wetland survey tape (pink/black striped). The jurisdictional wetland boundaries are depicted on Figure 3. Jurisdictional wetlands are present throughout the site. The wetlands are divided between heavily disturbed and functional. The wetland mitigation treatment will include planting pastures as forested wetlands, excluding livestock, and hydrologic uplift from grading out small ditches/swales and the adjacent stream restoration (Figure 3). A notification of jurisdictional determination was received on USACE on August 12, 2016. Wetland restoration, enhancement and preservation is being proposed for a total of 27.18 acres, to generate 11.60 Wetland Mitigation Units, through a separate mitigation banking instrument. Wetland restoration is proposed for 3.27 acres, wetland enhancement for 16.64 acres, and wetland preservation for 7.27 acres. 2.5 Threatened and Endangered Species Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The USFWS database lists four endangered species for Johnston County, North Carolina: red-cockaded woodpecker (Picoides borealis), Tar River spinymussel (Eliptio steinstansana), dwarf wedgemussel (Alasmidonta heterodon), and Michaux’s sumac (Rhus michauxii). 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. RES submitted a request to USFWS for review and comments on the proposed Hannah Bridge Mitigation Project on April 8, 2016 in regards to any potential impacts to threatened and endangered species. A response from the USFWS received on May 5, 2016 stated that “the proposed project is not likely to adversely affect and federally-listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act.” Documentation is included in Appendix B. Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 8 November 2017 In addition to the USFWS database, the 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 project Site. Results from NHP indicated that there are no sensitive aquatic or terrestrial wildlife resources in the vicinity of this project. Correspondence with NC Wildlife Resource Commission to confirm this is found in Appendix B. Table 2. Federally Protected Species in Johnston County Common Name Scientific name Federal Status Habitat Present Record Status Vertebrate: Red-cockaded woodpecker Picoides borealis E No Current Bald eagle Haliaeetus leucocephalus BGPA Yes Current Invertebrate: Tar River spinymussel Eliptio steinstansana E No Current Dwarf wedgemussel Alasmidonta heterodon) E No Current Vascular Plant: Michaux’s Sumac Rhus Michauxii E No Current E = Endangered; BGPA = Bald and Golden Eagle Protection Act 2.6 Environmental and Cultural Constraints Environmental and cultural resources include historic and archeological resources located in or near the project parcel. RES has evaluated the Parcel’s existing and future conditions of cultural resources to determine potential project impacts. 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. A review of the North Carolina State Historic Preservation Office (SHPO) GIS Web Service database revealed that there are National Registered listings within a one-mile radius of the proposed project area. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. RES submitted a request to the NC State Historic Preservation Office (SHPO) to search records to determine the presence of any areas of architectural, historic, or archaeological significance that may be affected by the Hannah Bridge Mitigation Site on April 8, 2016. In a letter dated April 4, 2016 the SHPO stated that they had “conducted a review of the project and are aware of no historic resources which would be affected by the project.” Correspondence is provided in Appendix B. 2.7 FEMA Floodplain/Floodway Mapping Reaches HB3 and HB4 are located within the FEMA 100-year floodplain (Zone AE) of Hannah Creek, and approximately 200 feet of the downstream end of Reach HB4 is located within the FEMA floodway (Figure 9). However, no grading or construction activities are proposed along the portions of the project located within the FEMA floodway. Therefore, it is not anticipated that a No-rise or CLOMR will be required for the project. Hydrologic trespass is a not a concern for this project. While designing the Hannah Bridge project, appropriate measures were taken to eliminate hydrologic trespass of the adjacent agricultural fields and animal operations. The adjacent land use will not be affected by the proposed design, and no detrimental impacts are expected beyond the easement limits. Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 9 November 2017 3 RIPARIAN RESTORATION, ENHANCEMENT AND PRESERVATION PLAN 3.1 Riparian Restoration, Enhancement, and Preservation Activities Riparian restoration, enhancement, and preservation adjacent to streams HB1, HB2, HB3, HB4, HF1, HF2, and TH3 is shown in Figures 5. DWR issued a site viability letter dated June 11, 2015 and May 23, 2017 indicating areas suitable to generate restoration, enhancement or preservation for buffer and nutrient offset credits. That letter is attached in Appendix B. All restoration, enhancement and preservation activities will begin from the tops of the stream banks and extend outward a maximum of 200 feet perpendicular to the stream channel. The restoration of plant communities within the Parcel will not only provide stabilization and improve water quality within the easement limits, but also provide ecological benefits to the entire watershed. Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community types, so the Neuse riparian buffer and other riparian areas located within the conservation easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments. These 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. The current land use adjacent to the majority of the streams on the Bank Parcel is pasture. Neuse riparian buffer restoration is proposed for riparian buffer credit in currently cultivated areas while enhancement or preservation is proposed in currently forested areas. All riparian restoration areas will be planted from top of bank back at least 50 feet from the stream with bare root tree seedlings on an 8 by 8 foot spacing to achieve an initial density of 680 trees per acre. The buffered channels will provide water quality and habitat functions within the sensitive Neuse River watershed. Rapidly regenerating species and invasive species may develop greater individual species density and create a less diverse mix. Restoration activities will occur in reaches HB1, HB3, HB4, and TH3 in cultivated areas. These activities will include backfilling sections of abandoned stream channels to the elevation of the floodplain in areas adjacent to the new channel with material excavated onsite from pond removal and installing channel plugs where necessary. Activities will also include meandering the proposed channels within the natural valley and stabilizing stream banks using a combination of grading, erosion control matting, bare-root plantings, native material revetment techniques (i.e. bioengineering), structure placement, and sod transplants where possible. In between reaches HB3 and HB4, existing culverts will be removed and replaced with high-density polyethylene (HDPE) pipes; one buried one foot to allow for fish passage and to convey baseflow, while the other will be set above the channel bed elevation. In reach TH3 the existing culvert will also be removed and replaced with a HDPE pipe and the existing headwaters of the reach (wetland system) will be included in the conservation easement. All existing ditches in reach TH3 will be filled/plugged using adjacent spoil piles and all disturbed areas within the easement will be planted with native wetland vegetation and livestock will be excluded with fencing installed along the easement boundary. Buffer enhancement will occur in areas where grazing is adjacent to the stream in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o)(6). This includes areas adjacent to reaches HB1 and HB4. Where livestock are present, RES will install cattle exclusion fencing to exclude access to Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 10 November 2017 riparian areas and their associated streams. All fencing will be installed to NRCS specifications. Enhancement activities in areas where mature forest exist, like Reach HB2, will include minimal grading and live stake planting to reduce bank erosion and the treatment and removal of invasive species during construction and replanting of native riparian vegetation. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). Minimal maintenance is anticipated due to the past cultivation history. HF1 and HF2 are in forested areas and are subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and are therefore being proposed to generate preservation buffer mitigation credit under 15A NCAC 02B .0295 (n) and (o)(5). Construction activities will include the removal of invasive species (privet), planting of non-vegetated areas, stabilization of the banks, and construction of the channel such that it meanders within the natural valley to reconnect the existing reach. Where HF2 flows into an oversized, channelized ditch nutrient credits will be generated. Preservation buffer credits will also be generated in reaches HB1, HB3, HB4, and TH3 when restoration activities occur in forested areas. 3.2 Planting Plan Revegetation of the site where riparian restoration is being performed will be performed to meet the performance standards outlined in the Rule 15A NCAC 02B .0295. This includes treating invasive species growth and planting at least four native hardwood bare root trees planted at a density to ensure 260 stems per acre at the completion of monitoring. No one tree species will be greater than 50% of the established stems. Coastal Plain Small Stream Swamp will be the target community type and will be used for all areas within the project. The community is defined by Schafale and Weakely (1990). The initial planting of bare root trees will occur in Spring 2018 or during stream restoration work (whichever comes last). Tree species specified for planting on the Hannah Bridge Site are shown in Table 3. Table 3. Hannah Bridge Site Tree Planting List Common Name Scientific Name Indicator Growth Rate River Birch Betula nigra FACW rapid Willow Oak Quercus phellos FACW rapid Swamp Chestnut Oak Quercus michauxii FACW moderate Water Oak Quercus nigra FAC rapid American Sycamore Platanus occidentalis FACW rapid Swamp Tupelo Nyssa biflora OBL moderate Overcup Oak Quercus lyrata OBL moderate Bald Cypress Taxodium distichum OBL rapid 3.3 Easement Boundaries and Fencing 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. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 11 November 2017 4 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol and Success Criteria Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording Vegetation Level 1-2 Plot Sampling Only Version 4.0. Annual vegetation monitoring will occur each year during the fall season with the first year occurring at least 5 months from initial planting. As part of the stream mitigation plan, twenty-three (23) vegetation monitoring plots will be installed a minimum of 100 m2 in size, and will cover at least two percent of the planted mitigation area. Nine (9) of these plots, will be located in buffer/nutrient offset areas (Figure 10). Plots will be randomly placed throughout the planted Neuse buffer zones and nutrient offset mitigation area and will be representative of the crediting areas. The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape. Photos will be taken from all photo points each monitoring year and provided in the annual reports. Visual inspections and photos will be taken to ensure that enhancement areas are being maintained and compliant. The measures of vegetative success for the Parcel will be the survival of at least 4 native hardwood tree species, where no one species is greater than 50% of the established stems, established at a density of at least 260 planted trees per acre at the end of the fifth year of monitoring. Native volunteer hardwood species may be included to meet the performance standards upon DWR approval. Invasive and noxious species will be monitored and treated so that none become dominant or alter the desired community structure of the site. RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval. Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer and nutrient offset credits will be monitored in accordance with the monitoring protocol in the Hannah Bridge Stream Mitigation Plan. 4.2 Adaptive Management Plan Adaptive measures will be developed or appropriate remedial actions taken in the event that the site, or a specific component of the site, fails to achieve the defined success criteria. 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. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Neuse buffer, as defined in 15A NCAC 02B .0233, by the DWR could result in Neuse buffer violations and violations of the conservation easement. If necessary, RES will develop a species-specific treatment plan. 4.3 Long Term Management Plan EBX–Neuse I, LLC, (EBX) acting as the Bank Sponsor, will record a Conservation Easement with the Johnston County Register of Deeds Office for this site. The Conservation Easement is required to be approved by the USACE and the DWR prior to issuance of any credit releases. This BPDP provides detailed information regarding bank operation, including long term management and annual monitoring activities, for review and approval by the DWR. The Conservation Easement will be assigned to the North Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 12 November 2017 Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic inspections of the site to ensure restrictions required in the Conservation Easement are upheld, are the responsibility of EBX-Neuse I, LLC until the Parcel is transferred to the NCWHF. Endowment funds required to uphold the Hannah Bridge Bank Parcel easement in perpetuity shall be negotiated prior to site transfer to the NCWHF. 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 Neuse Riparian Buffer and Nutrient Offset Umbrella Mitigation Banking Instrument made and entered into by EBX-Neuse I, LLC and DWR. 5 FINANCIAL ASSURANCE The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one- hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least $150,000 and shall be able to cover 100% of the costs associated with construction of the riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to cover 100% of the costs associated with the monitoring and maintenance of the riparian restoration areas for five years. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6 MITIGATION POTENTIAL The Hannah Bridge Bank presents 46.2 acres of permanent conservation easement in Johnston County, North Carolina. While this easement also encompasses areas for the Hannah Bridge Stream Mitigation Bank, the purpose of the Hannah Bridge Riparian Buffer and Nutrient Offset Mitigation Bank is to generate Neuse riparian buffer mitigation and nutrient offset. Once finalized, a conservation easement and final recorded plat will be provided in Appendix C. The width of the buffer/nutrient credit generation area will begin at the most landward limit of the top of stream bank or the rooted herbaceous vegetation and extend landward to a distance of at least 50 feet, but out to 200 feet in most cases. Wetland mitigation is also being generated throughout the Site. There will be no overlap of credit generation between wetland and riparian crediting areas. These rules are in accordance with Rule 15A NCAC 02B.0295; buffer preservation and enhancement via cattle exclusion to generate buffer mitigation credits meet the requirements described in 15A NCAC 02B .0295 (o). According to the UMBI, the generated nitrogen offset credit per acre of riparian restoration on agriculture lands in the Neuse River Basin is 2,273.02 pounds per acre. Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 13 November 2017 This Bank has the potential to generate approximately 5.09 acres (221,720 ft2) of riparian buffer restoration credits, 0.48 acres (6,970 ft2) of riparian buffer enhancement credits via cattle exclusion, 1.39 acres (9,235 ft2) of riparian buffer preservation credits, and 4.26 acres (9,683.07 lbs) of nutrient offset credits. The riparian buffer mitigation credits generated will service Neuse buffer impacts within the USGS 8-digit HUC 03020201 of the Neuse River Basin. The Nitrogen nutrient offsets generated will service nutrient load reduction requirements where payments are authorized in 15A NCAC 02B .0240 within the USGS 8-digit HUC 03020201, excluding the Falls Lake Watershed. The Sponsor will maintain 3 credit ledgers. One ledger will account for buffer Restoration credits, one ledger will account for buffer Preservation credits, and one will account for Nitrogen nutrient offset credits. All mitigation credit assets shall be shown on these credit ledgers. The total potential riparian buffer and nutrient offset mitigation credits that the Hannah Bridge Bank will generate are summarized in Table 4; Figure 8. Table 4. Proposed Mitigation Credits *According to 15A NCAC 02B .0295 (o) (4) and (5), “the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation”. Riparian Buffer Credit Riparian Zone Credit Type Mitigation Type Acreage Credit Per Acre (ft2) Ratio Mitigation Assets (ft2) 0-100' Riparian Buffer Restoration 5.09 43,560 1:1 221,720 Riparian Buffer Enhancement 0.24 43,560 2:1 5,227 Riparian Buffer Preservation: Subject Streams 0.79 43,560 10:1 3,441 Riparian Buffer Preservation: Non-Subject Streams 0.60 43,560 5:1 5,227 101-200' Riparian Buffer Enhancement 0.24 43,560 6:1 1,742 Riparian Buffer Preservation: Subject Streams 0.39 43,560 30:1 566 Total Restoration 5.09 221,720 ft² Total Enhancements 0.48 6,970 ft² Total Preservation (included in conservation easement) 3.46 14,476 ft² Total Preservation (used for buffer mitigation credit ) (1.39) (9,235 ft²) Nutrient Offset Credit Zone Credit Type Mitigation Type Acreage Credit Per Acre (lbs) Ratio Mitigation Assests (lbs) 0-100' Nitrogen Restoration 1.12 2,273.02 N/A 2,545.78 101-200' Nitrogen Restoration 3.14 2,273.02 N/A 7,137.28 TOTAL 4.26 9,683.07 Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 14 November 2017 All 5.09 acres (221,720.00 ft2) of the riparian areas proposed as restoration in the table above are currently in agriculture. Therefore, the Sponsor may use the 5.09 acres (221,720.00 ft2) of riparian restoration areas for either Neuse buffer credits or Nitrogen nutrient offset credits, but not both. Riparian enhancement or preservation credits cannot be converted into nutrient offset credits on this site. 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 offset credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. 7 CREDIT RELEASE SCHEDULE FOR MEADOW SPRING Table 3.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits Task Project Milestone % Credit Available for Sale 1 Instrument 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 this Instrument has been completed and approved by DWR. 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship 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% ** DWR Approval provided upon a determination that the site is meeting success criteria contained within this BPDP Hannah Bridge Parcel Development Plan Buffer/Nutrient Offset Site 15 November 2017 8 REFERENCES Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS North Carolina Department of Environment and Natural Resources (NCDENR). 2009. “Neuse River Basinwide Water Quality Plan.” Division of Water Quality. http:// http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013). NCDENR. 2010. “N.C. Wetland Assessment Method User Manual Version 4.1.” N.C. Wetland Functional Assessment Team. NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. 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, NCDENR, Raleigh, NC. U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. Appendix A. Supporting Figures Figure 1. Service Area Map Figure 2. Project Vicinity Map Figure 3. Existing Conditions Figure 4. Conceptual Design and Credit determination for Stream and Wetland Restoration/Enhancement (Section 404 Mitigation) Figure 5. Conceptual Design Plan for Riparian Buffer and Credit Determination Figure 6. USGS Topographic Map Figure 7. Soils Map Figure 8. National Wetlands Inventory Map Figure 9. FEMA Map Figure 10. Proposed locations of Monitoring Plots for Buffer, Nutrient Offset and Riparian Wetlands. ^_ Sources: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, EsriJapan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), MapmyIndia,NGCC, © OpenStreetMap contributors, and the GIS User Community Legend Buffer Service Area- HUC 03020201 Nutrient Ser vice Area- HUC 03020201 excluding Falls Lake W atershed L Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 1_HB Service Area Map.mxdHanna h Bridge Mitigation Site 0 105 Miles Figure 1 - Service Area Map Hannah Bridge Mitigation Site Johnston County, North Carolina ©Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 1_HB Service Area Map.mxd ^_ Legend ^_Hannah Brid ge Mitigation Site TLW 03020201150020 Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 2 - HB Vicinity Map.mxdHanna h Bridge Mitigation SiteLatitude: 35.380621°NLongitude: -78.417107°W Service Layer Credits: Sources: Esri, HERE, DeLorm e, USGS, Interm ap,INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), EsriKorea, Esri (Thailand), MapmyIndia, NGCC, © OpenStreetMap contributors, 0 21 Miles ©Figure 2 - Vicinity Map Hannah Bridge Mitigation Site Johnston County, North Carolina HF1HB2HB3 UTH B 1 TH3 HB4HF2NCCGIA 0 400200 Feet Legend Proposed Easement Stream Ditch Farm Pond Existing Wetland Condition Forested- Not Disturbed Forested-Disturbed Non-Forested ©Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 3 - HB Existing Conditions Map.mxdFigure 3 - Existing Conditions Map Hannah Bridge Mitigation Site Johnston County, North Carolina HB3HF1H B 1 TH3 H F 2 HB4HB2Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors 0 400200 Feet Figure 4 - 404 Mitigation Conceptual Hannah Bridge Mitigation Site Johnston County, North Carolina Legend Ditch Proposed Easement Existing PondStream Mitigation Restoration Enhancement I Enhancement II Enhancement III PreservationWetland Mitigation Restoration Enhancement (2:1) Enhancement (3:1) Preservation World Transportation ©Date: 11/13/2017 Drawn by: BPB Checked by: DPI Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 10 - HB Conceptual Map.mxdRemove farm pond EExisting Cross ings Powerline PPlug ditche s Propos e d Re ach M itigation Type Propos e d Le ngth(LF)Ratio SMUsHB1Restoration1171:1 117HB1Restoration1,313 1:1 1,313HB2Enhancement II 392 2.5:1 157HB3Restoration1,807 1:1 1,807HB4Enhancement I 579 1.5:1 386HB4Preservation22810:1 23HF1Preservation1,140 10:1 114HF1Restoration2461:1 246HF2Preservation14910:1 15TH3EII7161:1 7166,687 4,894 M itigation Type Total Acre s RatioRe-establishment 3.27 1:1Enhancement- High 12.37 2:1Enhancement-Low 4.27 3:1Preservation7.27 10:1Total27.18 Stre ams 11.60 Total 3.276.181.420.73 WM UsWetlands HB3HF1H B 1 TH3 H F 2 HB4HB2NCCGIA 0 300150 Feet Figure 5 - Buffer Mitigation Conceptual Hannah Bridge Mitigation Site Johnston County, North Carolina © Legend Proposed Easement Proposed Wetland Mitigation Top of Bank Offsets Top of Bank 50' 100' 200' Buffer Mitigation Buffer Restoration Buffer Enhancement, 0-100 Buffer Enhancement, 101-200 Buffer Preservation, 0-100 Buffer Preservation, 101-200 Nutrient Offset, 0-100 Nutrient Offset, 101-200 Date: 11/14/2017 Drawn by: ATP Checked by: BPB Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 5 - HB Buffer Conceptual.mxdRiparianZone Credit Type Mitigation T ype Acre age Credit Per Acre (ft2)Ratio Mitigation Assets (ft2) Riparian Buffer Restoration 5.09 43,560 1:1 221,720 Riparian Buffer Enhancem ent 0.24 43,560 2:1 5,227 Riparian Buffer Preservation: Subject Stream s 0.79 43,560 10:1 3,441 Riparian Buffer Pres ervation: Non-Subject Streams 0.60 43,560 5:1 5,227 Riparian Buffer Enhancem ent 0.24 43,560 6:1 1,742 Riparian Buffer Preservation: Subject Stream s 0.39 43,560 30:1 566 5.090.48 3.46 1.39 Zone Credit Type Mitigation T ype Acre age Cre dit Per Acre (lbs)Ratio Mitigation Assests (lbs) 0-100'Nitrogen Restoration 1.12 2,273.02 N/A 2,545.78101-200'Nitrogen Restoration 3.14 2,273.02 N/A 7,137.28TOTAL4.26 9,683.07 Riparian Buffer Credit 0-100' Nutrient Offset Credit 101-200' 9,235 ft² 14,476 ft² 6,970 ft²221,720 ft²To tal Enhance me nts Total Pre s e rvation (us e d for buffe r mitigation cre dit ) Total Pre s e rvation (include d in cons e rvation e as e me nt) Total Re s toration Copyright:© 2013 National Geographic Society, i-cubed Legend Proposed Easem ent Target Parcels Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 6 - HB USGS Map.mxd0 2,0001,000 Feet ©Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 6 - HB USGS Map.mxdFigure 6 - USGS Topographic Map Hannah Bridge Mitigation Site Johnston County, North Carolina Bb UcB Ra LaB Ly UcB GeD GoA UcB Ly GeD UcB UcB Ra Bb Ud AaA UcB Ly To GoA GeB AaA GoA NCCGIA Legend Proposed Easement Non-hyd ric Soils Soils with Hyd ric Inclusions Hydric Soils Symbol Name Symbol NameAaAAltavista fine sandy loam Ly Lync hburg s andy loamBbBibb s andy loam Ra Rains s andy loamGeBGilead sandy loam Uc B Uchee loam y coarse s andGoAGoldsboro s andy loam 0 700350 Feet ©Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 7 - HB Soils Map.mxdFigure 7 - Soils Map Hannah Bridge Mitigation Site Johnston County, North Carolina PFO1F PFO1C PUBHh PUBHh PUBHh PUBHx PUBHx PUBHx PUBHh PUBHx PUBHx PUBHh PUBHh HF1HB2HB3 UTH B 1 TH3 HB4H F 2 NCCGIA Legend Proposed Easem ent NWI Wetlands Ditch Stream Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 8 - HB NWI Map.mxd0 700350 Feet ©Figure 8 - National W etlands Inventory Map Hannah Bridge Mitigation Site Johnston County, North Carolina HF1HB2HB3 UTH B 1 TH3 HB4H F 2 NCCGIA Legend Proposed Easement Stream Ditch FLOODZONE 100 Year Floodzone 100 Year Floodway Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 9 - HB Fema Map.mxd0 700350 Feet ©Document Path: C:\Users\jmceachran\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 9 - HB Fema Map.mxdFigure 9 - FEMA Map Hannah Bridge Mitigation Site Johnston County, North Carolina ")PV ")PV ")PV ")PV ")PV ")PV ")PV ")PV ")PV © 0 300150 Feet Figure 10 - Monitoring Map Hannah Bridge Mitigation Site Johnston County, North Carolina Date: 11/15/2017 Document Path: C:\Users\aprickett\Dropbox (RES)\@RES GIS\Projects\NC\Hannah Bridge\MXD\BPDP\Figure 11 - HB Monitoring.mxdLegend ")PV Proposed Vegetation Plots Proposed Top of Bank Proposed Easement Buffer Mitigation Buffer Restoration Buffer Enhancement, 0-100 Buffer Enhancement, 101-200 Buffer Preservation, 0-100 Buffer Preservation, 101-200 Nutrient Offset, 0-100 Nutrient Offset, 101-200 Appendix B. Correspondence North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Office of Archives and History Secretary Susan Kluttz Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 April 14, 2016 Brad Breslow RES 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Re: Hannah Bridge Stream and Wetland Restoration, Johnston County, ER 16-0636 Dear Mr. Breslow: Thank you for your letter of April 8, 2016, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos From:Stancil, Vann F To:Brad Breslow Subject:RE: Hannah Bridge Mitigation Project Date:Monday, May 2, 2016 11:44:53 AM Brad, I’ve reviewed your information on the Hannah Bridge Site, located on tributaries to Hannah Creek in Johnston County. There are no records for sensitive aquatic or terrestrial wildlife resources in the vicinity of this project. We do not anticipate any issues to fish and wildlife from this project as long as restoration activities are conducted properly. Thanks for the opportunity to review this and please let me know if you have any questions or comments. Vann Stancil // Research Coordinator Habitat Conservation NC Wildlife Resources Commission 215 Jerusalem Church Road Kenly, North Carolina 27542 office: 919-284-5218 fax: 919-284-5218 vann.stancil@ncwildlife.org ncwildlife.org From: Brad Breslow [mailto:bbreslow@res.us] Sent: Friday, April 08, 2016 1:46 PM To: Stancil, Vann F <vann.stancil@ncwildlife.org> Subject: Hannah Bridge Mitigation Project Mr. Stancil, The Hannah Bridge Site has been identified by Resource Environmental Solutions, LLC (RES) to provide compensatory mitigation for unavoidable stream and wetland impacts through the Neu-Con Umbrella Mitigation Bank. The purpose of this letter is to request review and comment on any possible issues that might emerge with respect to fish and wildlife associated with a potential stream restoration project on the attached site (USGS site maps with approximate property lines and areas of potential ground disturbance are enclosed). We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the address below. Please feel free to contact me at bbreslow@res.us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Brad Breslow | Restoration Ecologist | Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110, Raleigh, NC 27605Direct: 919.209.1062 | Cell: 847.774.8404 Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. Appendix C. Conservation Easement and Plat Note: This appendix will be updated as the easement deeds and plats become available. MODEL CONSERVATION EASEMENT January 18, 2001 Rev’d October 16, 2002 Rev’d August, 2003 Model Conservation Easement for use in preserving mitigation property. Language in italics is instructional, and should be deleted when site-specific Conservation Easement is prepared. PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT (“Conservation Easement”) made this ____ day of __________________, 200_ by and between ________________________, (“Grantor”) and ____________________________________ (Grantee). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in _______________________ County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (“Property”); WHEREAS, Grantee is [either a public body of this state, an agency of the United States, or a nonprofit corporation or trust whose purpose is the conservation of property], and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: [describe by wetland and/or stream type, as well as any associated buffers or upland communities]. The purpose of this Conservation Easement is to maintain wetland and/or riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. [ For use when the mitigation is offered for impacts of a single individual or general permit use] WHEREAS, the preservation of the Property is a condition of Department of the Army permit Action ID ______________ issued by the Wilmington District Corps of Engineers, required to mitigate for unavoidable stream and/or wetland impacts authorized by that permit. Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of enforcement under said permit. [Alternate paragraph for use when the conservation easement supports a mitigation bank] WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the [Name of Bank], Department of the Army Action ID [Action ID number for the mitigation bank]. The Mitigation Bank is intended to be used to compensate for unavoidable stream and/or wetland impacts authorized by permits issued by the Department of the Army. Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the rights of the parties to the Mitigation Banking Instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor’s personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited. [The Corps will generally allow the use of vehicles on existing roads provided those roads are identified by reference to a recorded map showing their location, configuration, and size.] M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR’S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. [For use when mitigation work (approved or required restoration, creation, or enhancement)is to be done on the property]Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct wetland and stream mitigation on the Property, in accordance with the [describe mitigation plan by title, date and permit action id if a single mitigation site; if a mitigation bank, include the language “detailed mitigation plan approved in accordance with the Mitigation Banking Instrument for the__________________________________Mitigation Bank.] ARTICLE IV. GRANTEE’S RIGHTS The Grantee or its authorized representatives, successors and assigns, and the Corps, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee’s expenses, court costs, and attorneys’ fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor’s control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor’s lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: [Name, address and fax number] To Grantee: [Name, address and fax number] To the Corps: [Name, address and fax number] J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee’s interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. L. [For use if there is a document describing the current condition of the property. The language provided is applicable if there is a mitigation plan that accurately describes the current condition and uses of the property. If there is not such a plan, another document we agree is accurate and can be identified and is in our files can be referenced.]Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in Section ___, Appendix B of the Mitigation Plan, dated ________________, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. [Signatures of the Grantor and Grantee in appropriate form] Appendix D. Existing Conditions Photos (January 14th, 2017) Appendix D. Existing Conditions Photos (January 14th, 2017) Upper end of Reach HB1. 01/14/2016 Eroded banks and oversized channel dimensions on Reach HB1. 01/14/2016 Hoof shear along Reach HB1. 05/10/2016 Reach HB2. 01/14/2016 Facing upstream on Reach HB3. 01/14/2016 Facing downstream on Reach HB3. 01/14/2016 Reach HB4. 01/14/2016 HB4 and Hannah Creek Confluence. 01/14/2016 HB4 and Hannah Creek Confluence. 05/10/2016 General conditions along Reach HF1. 01/14/2016 General channel conditions along Reach HF2. 01/14/2016 Facing downstream on Reach C. 03/09/2015 Pond above Reach TH1. 05/10/2016 Reach TH2. 01/14/2016 Reach TH3. 01/14/2016 General conditions of Wetland Area 1 (W1). 05/10/2016 General conditions of Wetland Area 10 (W10). 05/10/2016 General conditions of Wetland Area 13 (W13). 05/10/2016