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HomeMy WebLinkAbout20180182 Ver 1_DRAFT_Red Barn MBI_Dec 2018_20190218ECOSYSTEM .. PLANNING & RESTORATION DRAFT MITIGATION BANKING INSTRUMENT AND MITIGATION PLAN Red Barn Mitigation Bank Site Surry County, North Carolina USACE Action ID No. SAW -2018-1441 RFP No. 54 -JC -03040101, 16-006993 Yadkin River Basin HUC 03040101 December 2018 AGREEMENT TO ESTABLISH THE RED BARN MITIGATION BANK IN THE YADKIN RIVER BASIN (HUC 03040101), SURRY COUNTY, NORTH CAROLINA December 2018 USACE approval of this Instrument constitutes the regulatory approval required for the Red Barn Mitigation Bank Site to be used to provide compensatory mitigation for Department of the Army permits pursuant to 33 C.P.R. 332.8(a)(1). This Instrument is not a contract between the Sponsor or Property Owner and USACE or any other agency of the federal government. Any dispute arising under this Instrument will not give rise to any claim by the Sponsor or Property Owner for monetary damages. This provision is controlling notwithstanding any other provision or statement in the Instrument to the contrary. This Mitigation Banking Instrument (MBI) is made and entered into on this day of 2019, by Ecosystem Planning and Restoration (EPR), PLLC hereinafter Sponsor, and the U.S. Army Corps of Engineers (Corps), and each of the following agencies, upon its execution of this MBI; the Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS), the National Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources Commission (NCWRC), the State Historic Preservation Office (SHPO) and the North Carolina Division of Water Resources (NCDWR). The Corps, together with the State and Federal agencies that execute this MBI, are hereinafter collectively referred to as the Interagency Review Team (IRT). WHEREAS the purpose of this agreement is to establish a mitigation bank (Bank) providing compensatory mitigation for unavoidable wetland and/or stream impacts separately authorized by Section 404 Clean Water Act permits and /or Section 10 of the Rivers and Harbors Act permits in appropriate circumstances; WHEREAS the agencies comprising the IRT agree that the Bank site is a suitable mitigation bank site, and that implementation of the Mitigation Plan is likely to result in net gains in wetland and/or stream functions at the Bank site, and have therefore approved the Mitigation Plan; THEREFORE, it is mutually agreed among the parties to this agreement that the following provisions are adopted and will be implemented upon signature of this MBI. Section I: General Provisions A. The Sponsor is responsible for assuring the success of the restoration, rehabilitation, creation, and enhancement activities at the Bank site, and for the overall operation and management of the Bank. The Sponsor assumes the legal responsibility for providing the compensatory mitigation once a permittee secures credits from the Sponsor and the District Engineer (DE) receives documentation that confirms the Sponsor has accepted responsibility for providing the required compensatory mitigation. B. The goals of the Bank site are to restore, rehabilitate, enhance, and create wetland and stream systems and their functions to compensate in appropriate circumstances for unavoidable wetland and stream impacts authorized by Section 404 of the Clean Water Act permits and or Section 10 of the Rivers and Harbors Act permits in circumstances deemed appropriate by the Corps after consultation, through the permit review process, with members of the IRT. C. Use of credits from the Bank to offset wetland and stream impacts authorized by Clean Water Act permits must be in compliance with the Clean Water Act and implementing regulations, including but not limited to the 404(b)(1) Guidelines, the National Environmental Policy Act, and all other applicable Federal and State legislation, rules and regulations. This agreement has been drafted in accordance with the regulations for Compensatory Mitigation for Losses of Aquatic Resources effective June 9, 2008 (33 CFR Parts 325 and 332) (Mitigation Rule). D. The IRT shall be chaired by the DE of the U.S. Army Corps of Engineers, Wilmington District (District). The IRT shall review documentation for the establishment of mitigation bank sites. The IRT will also advise the DE in assessing monitoring reports, recommending remedial measures, approving credit releases, and approving modifications to this instrument. The IRT's role and responsibilities are more fully set forth in Sections 332.8 of the Mitigation Rule. The IRT will work to reach consensus on its actions. E. The DE, after consultation with the appropriate Federal and State review agencies through the permit review process, shall make final decisions concerning the amount and type of compensatory mitigation to be required for unavoidable, permitted wetland and/or stream impacts, and whether or not the use of credits from the Bank is appropriate to offset those impacts. In the case of permit applications and compensatory mitigation required solely under the Section 401 Water Quality Certification rules of North Carolina, the NCDWR will determine the amount of credits that can be withdrawn from the Bank. Any credits used to offset impacts solely authorized by Section 401 cannot be used for other impacts authorized under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act. F. The parties to this agreement understand that a watershed approach to establish compensatory mitigation must be used to the extent appropriate and practicable. Where practicable, in-kind compensatory mitigation is preferred. Section Il: Geographic Service Area The Geographic Service Area (GSA) is the designated area within which the Bank is authorized to provide compensatory mitigation required by DA permits. The GSA for this Bank shall include the entire Yadkin River Basin Hydrologic Unit 03040101 within North Carolina. Credits are to be used in the same HUC in which they were generated. Pa Section III: Mitigation Plan Any Mitigation Plan submitted pursuant to this agreement must contain the information listed in 332.4(c) (2) through (14) of the Compensatory Mitigation Rule. A. The Sponsor will perform work described in the approved Mitigation Plan. B. The Sponsor shall monitor the Bank Site as described in the approved Mitigation Plan, until such time as the IRT determines that the performance standards described in the Mitigation Plan have been met. C. Mitigation Plans submitted for inclusion in this bank must meet the requirements of any District guidance that is current at the time the new site is submitted to the District, including any updates made to monitoring requirements, credit releases, long term management, or any other provisions that are required and/or specifically addressed in the Mitigation Plan. The addition of any site to this instrument shall be considered as a modification to this instrument and processed in accordance with the procedures set forth in the Mitigation Rule. D. The members of the IRT will be allowed reasonable access to the Property for the purposes of inspection of the Property and compliance monitoring of the Mitigation Plan. Section IV: Re ou rting A. The Sponsor shall submit to the DE, for distribution to each member of the IRT, an annual report describing the current condition of the Bank Site and the condition of the Bank Site in relation to the performance standards in the Mitigation Plan. The Sponsor shall provide to the DE any monitoring reports described in the Mitigation Plan. B. As part of each annual monitoring report, the Sponsor shall also provide ledger reports documenting credit transactions as described in Section VIII of this MBI. C. Each time an approved credit transaction occurs, the Sponsor shall provide notification to the DE within 30 days of the transaction. This notification shall consist of a summary of the transaction and a full ledger report reflecting the changes from the transaction. Additionally, signed copies of the Compensatory Mitigation Transfer of Responsibility Form shall be submitted to the Corps Project Manager for the permit and the Corps Bank Manager for the bank site. Section V: Remedial Action A. The DE shall review the monitoring reports, as required in the Mitigation Plan, and may, at any time, after consultation with the Sponsor and the IRT, direct the Sponsor to take remedial action at the Bank site. Remedial action required by the DE shall be designed to achieve the performance standards as specified in the Mitigation Plan. All remedial actions required under this section shall include a work schedule and monitoring criteria that will take into account physical and climactic conditions. B. The Sponsor shall implement any remedial measures required pursuant to the above. C. In the event the Sponsor determines that remedial action may be necessary to achieve the required performance standards, it shall provide notice of such proposed remedial action to all members of the IRT. No remedial actions shall be taken without the concurrence of the DE, in consultation with the IRT. Section VI: Use of Mitigation Credits A. Description of credit classifications and provisions pertaining to the use of those credits shall be provided in the Mitigation Plan to be included in this bank. Credit classifications (e.g., cold water stream, cool water stream, warm water stream, coastal wetlands, non -riparian wetlands, riparian non-riverine wetlands, and riparian riverine wetlands) will be in accordance with current District guidance at the time the Mitigation Plan is submitted to the District. In general, these classifications will be used to determine if a particular credit qualifies as "In - Kind" mitigation. Exceptions to the use of "In -Kind" mitigation may be allowed at the discretion of the permitting agencies on a case-by-case basis. B. Wetland and stream compensation ratios are determined by the DE on a case-by-case basis based on considerations of functions of the wetlands and/or streams impacted, the severity of the wetland and/or stream impacts, the relative age of the mitigation site, whether the compensatory mitigation is in-kind, and the physical proximity of the wetland and/or stream impacts to the Bank Site. C. Notwithstanding the above, all decisions concerning the appropriateness of using credits from the Bank to offset impacts to waters and wetlands, as well as all decisions concerning the amount and type of such credits to be used to offset wetland and stream impacts authorized by Department of the Army permits, shall be made by the DE, pursuant to Section 404 of the Clean Water Act and implementing regulations and guidance. These decisions may include notice to and consultation with the members of the IRT through the permit review process if the DE determines this to be appropriate given the scope and nature of the impact. Section VII: Credit Release Schedule A. All credit releases must be approved in writing by the DE, following consultation with the IRT, based on a determination that required performance standards have been achieved. B. A credit release schedule shall be provided in the Mitigation Plan that is included in this bank. The release schedule will list all of the proposed credit releases and any performance standards associated with those releases. C. In general, the initial allocation of credits shall be available for sale only after the completion of all of the following: 1. Execution of this MBI by the Sponsor, the DE, and other agencies eligible for 4 membership in the IRT who choose to execute this agreement, to include the approval of any modifications to this agreement when new sites are added to it; 2. Approval of a final Mitigation Plan; 3. Confirmation that the mitigation 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 as specified 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 mitigation site (if necessary). The Sponsor must initiate implementation of the approved Mitigation Plan no later than the first full growing season after the date of the first credit transaction (i.e., construction of the initial physical and biological improvements proposed in the approved Mitigation Plan must be started by the end of the first full growing season following the initial sale of any credits from the Bank. This provision does not apply to preservation -only sites that do not include any physical or biological improvements. Subject to the Sponsor's continued satisfactory completion of all required performance standards and monitoring, additional restoration mitigation credits will be available for sale by the Sponsor as specified in the final Mitigation Plan. Section VIII: Accounting Procedures A. The Sponsor shall develop accounting procedures acceptable to the DE for maintaining accurate records of debits made from the Bank. Such procedures shall include the generation of a ledger by the Sponsor showing credits used at the time they are debited from the Bank. All ledger reports shall identify credits debited and remaining by type of credit and shall include for each reported debit the Corps ORM ID number for the permit for which the credits were utilized and the permitted impacts for each resource type. B. When credits from the bank are sought by a permit applicant, the Sponsor shall prepare a reservation letter for the applicant to include with the Corps permit application, that documents the number and type of credits available to be debited from the bank, and the amount of time (if any) that those credits will be held for that applicant (with an expiration date for the letter of availability). C. Each time an approved credit transaction occurs, the Sponsor shall notify the DE within 30 days of the transaction with a summary of the transaction and a full ledger report showing the changes made. Signed copies of the Transfer of Mitigation Responsibility form shall also be submitted to the Corps permit Project Manager and the Corps Bank Manager for that bank. D. The Sponsor shall prepare an annual ledger report, on each anniversary of the date of execution of this agreement, showing all credits used, any changes in credit availability (e.g., additional credits released, credit sales, suspended credits, etc.), and the beginning and ending balance of remaining credits. The Sponsor shall submit the annual report to the DE, for distribution to each member of the IRT, until such time as all of the credits have been utilized, or this agreement is otherwise terminated. Section IX: Financial Assurances A. Financial assurances for the Bank site will be detailed in the Mitigation Plan. The Sponsor shall provide financial assurances in a form acceptable to the DE, sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required pursuant to this MBI. The financial assurance value should be based on the cost of doing the mitigation work, including costs for land acquisition, planning and engineering, legal fees, mobilization, construction, and monitoring. For preservation only Bank Sites, no financial assurances will generally be required unless there are specific activities necessary to ensure the successful preservation of resources on the site, in which case appropriate financial assurances may still be required. B. All financial assurances shall be made payable to a standby trust or to a third -party designee, acceptable to the Corps, who agrees to complete the project or provide alternative mitigation. Financial assurances structured to provide funds to the Corps in the event of default by the Bank Sponsor are not acceptable. C. The form and amount of financial assurances must be stated in the Mitigation Plan in order for the Mitigation Plan to be approved. This must include the name of the specific provider of those assurances and the method by which the financial assurances will be provided in the event that they must be utilized. Original copies of the financial assurance documents must be provided to the DE prior to the initial release of credits. D. A financial assurance must be in the form that ensures that the DE receives notification at least 120 days in advance of any termination or revocation. Section X: Site Protection A. The Sponsor shall grant a Conservation Easement (CE) in form acceptable to the DE, sufficient to protect the Bank Site in perpetuity. The CE shall be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of wetlands or streams within the Bank Site, consistent with the Mitigation Plan. The purpose of the CE will be to assure that future use of the Bank Site will result in the restoration, protection, maintenance and enhancement of wetland and/or stream functions described in the Mitigation Plan. The name and contact information for the Corps approved easement holder and a draft copy of the CE will be provided in the Mitigation Plans. B. The Sponsor shall deliver a title opinion acceptable to the DE covering the mitigation property. The property shall be free and clear of any encumbrances that would conflict with its use as mitigation, including, but not limited to, any liens that have priority over the recorded CE. C. Subsequent to the recording of the CE, the Sponsor may convey the Bank Site property either in fee or by granting an easement to a qualified land trust, state agency, or other appropriate nonprofit organization approved by the Corps. The Sponsor is responsible for ensuring that the CE is re-recorded so that it remains within the chain of title. The terms and conditions of this conveyance shall not conflict with the intent and provisions of the CE nor shall such conveyance enlarge or modify the uses specified in the easement. The CE must contain a provision requiring 60 -day advance notification to the DE before any action is taken to void or modify the CE, including transfer of title to, or establishment of any other legal claims over, the project site. Section XI: Long-term Management A. The Sponsor shall implement the long-term management plan as described in the Mitigation Plan. The property that comprises the Bank is privately owned. The Sponsor will provide perpetual protection on the Bank through the establishment of a permanent conservation easement that will comply with the U.S. Army Corps of Engineers guidelines. B. The long-term management plan will include a list of annual maintenance, monitoring, and/or repair activities for the mitigation site, the associated annual cost for each activity, and the required total amount necessary to provide all future site management. The long-term management plan should explain how the funds will be managed and provided to the designated long-term manager (e.g., an endowment managed through a separate account holder). The long- term management plan should include a contingency section that addresses how the responsibility and funding for the long-term site management will be passed on to a new manager in the event that the selected long-term management entity is no longer able to provide for management of the site. Section XII: Default and Closure A. It is agreed to establish and maintain the Bank site until: (i) credits have been exhausted or banking activity is voluntarily terminated with written notice by the Sponsor provided to the DE and other members of the IRT; and (ii) it has been determined and agreed upon by the DE and IRT that the debited Bank site has satisfied all the conditions herein and in the Mitigation Plan. If the DE determines that the Bank site is not meeting performance standards or complying with the terms of the instrument, appropriate action will be taken. Such actions may include, but are not limited to, suspending credit sales, adaptive management, decreasing available credits, utilizing financial assurances, and terminating the instrument. B. Any delay or failure of Bank Sponsor shall not constitute a default hereunder if and to the extent that such delay or failure is primarily caused by any act, event or conditions beyond the Sponsor's reasonable control and significantly adversely affects its ability to perform its obligations hereunder including: (i) acts of God, lightning, earthquake, fire, landslide, or interference by third parties; (ii) condemnation or other taking by any governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof; (iv) any order, judgment, action or determination of any federal, state or local court, administrative agency or government body; or (v) the suspension or interruption of any permit, license, consent, authorization or approval. If the performance of the Bank Sponsor is affected by any such event, Bank Sponsor shall give written notice thereof to the IRT as soon as is reasonably practicable. If such event occurs before the final availability of all credits for sale, the Sponsor shall take remedial action to restore the property to its condition prior to such event, in a manner sufficient to provide adequate mitigation to cover credits that were sold prior to such delay or failure to compensate for impacts to waters, including wetlands, authorized by Department of the Army permits. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by the IRT. C. At the end of the monitoring period, upon satisfaction of the performance standards, the Sponsor may submit a request to the DE for site close out. The DE, in consultation with the IRT, shall use best efforts to review and comment on the request within 60 days of such submittal. If the DE determines the Sponsor has achieved the performance standards in accordance with the mitigation plan and all obligations under this MBI, the DE shall issue a close out letter to the Sponsor. Section XIII: Miscellaneous A. Modification of this MBI shall be in accordance with the procedures set forth in 332.8 of the mitigation rule. B. No third party shall be deemed a beneficiary hereof and no one except the signatories hereof, their successors and assigns, shall be entitled to seek enforcement hereof. C. This MBI constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements or undertakings. D. In the event any one or more of the provisions contained in this MBI are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provisions hereof, and this MBI shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. E. This MBI shall be governed by and construed in accordance with the laws of North Carolina and the United States as appropriate. F. This MBI may be executed by the parties in any combination, in one or more counterparts, all of which together shall constitute but one and the same instrument. G. The terms and conditions of this MBI shall be binding upon and inure to the benefit of the parties hereto and their respective successors. H. All notices and required reports shall be sent by regular mail to each of the parties at their respective addresses, provided below. Sponsor: Kevin Tweedy, PE Ecosystem Planning & Restoration, PLLC 559 Jones Franklin Road, Suite 150 Raleigh, NC 27606 Corps: Mr. Steve Kichefski U.S. Army Corps of Engineers Regulatory Division Wilmington District 151 Patton Avenue, Room 208 Asheville, NC 28801 USEPA: Mr. Todd Bowers Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 USFWS: Mr. Byron Hamstead U.S. Fish and Wildlife Service 160 Zillicoa Street Asheville, NC 28801 NCWRC: Ms. Andrea Leslie North Carolina Wildlife Resources Commission 20830 Great Smokey Mountain Expressway Waynesville, NC 28786 NCDWR: Mr. Mac Haupt Division of Water Resources North Carolina Department of Environmental Quality Post Office Box 29535 Raleigh, NC 27626-0535 NCSHPO State Historic Preservation Office Ms. Renee Gledhill -Earley 4617 Mail Service Center 109 E. Jones Street Raleigh, NC 27699-4617 NMFS: Mr. Ken Riley National Marine Fisheries, NOAA Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The Red Barn Mitigation Bank in the Yadkin River Basin (HUC 03040101), Surry County, North Carolina": BANK SPONSOR Ecosystem Planning and Restoration, PLLC By: Date: INTERAGENCY REVIEW TEAM U.S. Army Corps of Engineers: By: Date: U.S. Environmental Protection Agency: By: Date: U.S. Fish and Wildlife Service: By: Date: N.C. Division of Water Resources: By: Date: N.C. Wildlife Resources Commission: By: Date: NC State Historic Preservation Office: M National Marine Fisheries Service: Date: By: Date: 11 List of Appendices Appendix A: Geographic Service Area Map Appendix B: Draft Mitigation Plan — Red Barn Mitigation Bank Site (This plan includes construction costs, maintenance and monitoring costs, draft copy of financial assurance documents, draft copy of site protection instrument, and a long term management plan as appendices to the plan.) 12 Lenoir Legend = Proposed Service Area (H UC 0304010 1) patr�CK Sprinys 103~ "V, lra North Car line h, 040 311 Boonville rel all Sto Oak Yadkinville Kernersville Lev:isville Win Ston -S al e In Taylorsville © ,Mocksville Statesville Clenlmons. Lexington High, Thomasville PREPARED FOR: 0 5 10 RED BARN MITIGATION BANK SITE USACE Miles PROPOSED SERVICE AREA MAP WILMINGTON DISTRICT PREPARED BY: MBI APPENDIX A SURRY COUNTY, NCyyy ECOSYSTEM . PLANNING & RESTORATION �!171'!' 22, Taff, I - $­Zfl ,Ar r. I rwrr�� A.y.'76r, pn NGrth arohne J1 � ,DRi •• parte loud A4 ! : r , ''' Jefferson Aid. 21 ,,.,• ////.-sQ" West Jefferson •'r' •Arlt �/�+ 194 -��~ A�!< - .�. - -- Hays Pleasant Hi 11 _ - nr 6o Mulberry Elkin Jonesville y Millers Creek 4_' Cricket �-Wilkesboro _ North Wilkesboro _ rr- • ter:_ 90th Lenoir Legend = Proposed Service Area (H UC 0304010 1) patr�CK Sprinys 103~ "V, lra North Car line h, 040 311 Boonville rel all Sto Oak Yadkinville Kernersville Lev:isville Win Ston -S al e In Taylorsville © ,Mocksville Statesville Clenlmons. Lexington High, Thomasville PREPARED FOR: 0 5 10 RED BARN MITIGATION BANK SITE USACE Miles PROPOSED SERVICE AREA MAP WILMINGTON DISTRICT PREPARED BY: MBI APPENDIX A SURRY COUNTY, NCyyy ECOSYSTEM . PLANNING & RESTORATION Ir , �.. ECOSYSTEM �l(/� PLANNING & RESTORATION DRAFT MITIGATION PLAN Red Barn Mitigation Bank Site Surry County, North Carolina USACE Action ID No. SAW -2018-1441 RFP No. 54 -JC -03040101, 16-006993 Yadkin River Basin HUC 03040101 December 2018 Red Barn Mitigation Bank Site December 2018 DRAFT MITIGATION PLAN Red Barn Mitigation Bank Site Surry County, North Carolina USACE Action ID No. SAW -2018-1441 Yadkin River Basin HUC 03040101 Prepared by: ECOSYSTEM PLANNING & RESTORATION Ecosystem Planning & Restoration, PLLC 559 Jones Franklin Road, Suite 150 Raleigh, NC 27606 Contributing Staff: Kevin Tweedy, PE Cidney Jones, PE, CFM Christine Gears Amy James, PWS Jake Byers, PE Red Barn Mitigation Bank Site December 2018 .. ECOSYSTEM PLANNING & RESTORATION Ir , �.. ECOSYSTEM �l(/� PLANNING & RESTORATION EXECUTIVE SUMMARY Ecosystem Planning and Restoration, PLLC (EPR) is performing restoration and enhancement activities through the Red Barn Mitigation Bank Site (Site, Project) to provide stream and wetland mitigation units (SMUs) in the Yadkin -Pee Dee River Basin (Cataloging Unit 03040101). The Project involves the restoration of wetlands, riparian buffers, and streams in the Stewarts Creek watershed. The Site will generate 8,159 cool temperature stream mitigation units (SMU's) and 2.56 riparian wetland mitigation units (WMU's). The Red Barn Mitigation Bank Site is located in Surry County, North Carolina, off Ester Drive/Timeless Trail Road, south of NC 80 and approximately 0.5 miles west of Mount Airy (Figure 1). The project is located within the NC Division of Water Resources (NCDWR) sub -basin 03-07-03 and the DMS targeted local watershed 03040101100010. The goals for the Site are derived from immediate needs for cool stream credits outlined in NCDOT RFP #54 -JC -03040101 and NCDMS RFP #16-006993. Planning efforts for the Ararat River - Upper Yadkin Local Watershed Plan (LWP) identify the Stewarts Creek sub -watershed as adversely affected by degraded riparian buffers through agricultural and pasture lands. Restoration activities at the Site will address this water quality stressor while also providing SMU's to a proposed service area that includes Winston-Salem, Yadkinville, Elkin, Mount Airy, North Wilkesboro, and a significant portion of the I-77 and NC -52 corridors. The Red Barn Mitigation Bank Site is associated with a proposed conservation easement that encompasses 25.4 acres of land. The easement will protect riparian buffers and will be fenced to exclude livestock in areas where the conservation easement boundary lies within active pastures. Buffers wider than 30 feet have been incorporated where possible. The work described in this plan will consist of a total of 7,017 linear feet of stream restoration and 568 linear feet of enhancement. The Bank Sponsor's contact information is: Kevin Tweedy, PE Ecosystem Planning & Restoration, PLLC 559 Jones Franklin Road, Suite 150 Raleigh, NC 27606 (919) 388-0787 Red Barn Mitigation Bank Site December 2018 i Ir , �.. ECOSYSTEM �l(/� PLANNING & RESTORATION TABLE OF CONTENTS 1.0 SITE INFORMATION...................................................................................................... 1 1.1 Property Ownership and Boundary.................................................................................. 2 1.2 Utilities............................................................................................................................. 2 1.3 Site Access....................................................................................................................... 2 1.4 Site Protection Instrument................................................................................................ 3 2.0 WATERSHED APPROACH AND SITE SELECTION ................................................ 3 2.1 Watershed Benefits of Red Barn Mitigation Bank Site ................................................... 3 2.2 General Need for Mitigation in the Upper Yadkin River Basin ...................................... 4 3.0 BASELINE AND EXISTING CONDITIONS................................................................ 4 3.1 Landscape Characteristics................................................................................................ 4 3.2 Existing Vegetation.......................................................................................................... 5 3.3 Project Resources............................................................................................................. 6 4.0 FUNCTIONAL UPLIFT................................................................................................... 8 5.0 REGULATORY CONSIDERATIONS.........................................................................12 5.1 401/404........................................................................................................................... 12 5.2 Biological and Historical Resources.............................................................................. 13 5.3 FEMA Floodplain Compliance...................................................................................... 13 6.0 MITIGATION PROJECT GOALS AND OBJECTIVES ........................................... 14 7.0 DESIGN APPROACH AND MITIGATION WORK PLAN ...................................... 15 7.1 UTI to Stewarts Creek................................................................................................... 17 7.2 UT2 to Stewarts Creek................................................................................................... 19 7.3 UT3 to Stewarts Creek................................................................................................... 20 7.4 Wetlands.........................................................................................................................22 7.5 Vegetation and Planting Plan......................................................................................... 22 7.6 Project Risks and Uncertainties...................................................................................... 23 8.0 PERFORMANCE STANDARDS................................................................................... 24 8.1 Restored Stream Channels............................................................................................. 24 8.2 Riparian and Wetland Vegetation.................................................................................. 24 8.3 Wetlands.........................................................................................................................25 8.4 Compatibility with Project Goals................................................................................... 25 9.0 MONITORING PLAN.................................................................................................... 26 Red Barn Mitigation Bank Site December 2018 ii Ir , �.. ECOSYSTEM �l(/� PLANNING & RESTORATION 9.1 Stream Monitoring......................................................................................................... 27 9.2 Wetland Monitoring....................................................................................................... 28 9.3 Riparian Vegetation Monitoring.................................................................................... 29 10.0 ADAPTIVE AND LONG-TERM MANANGEMENT................................................. 30 11.0 DETERMINATION OF CREDITS............................................................................... 30 12.0 REFERENCES.................................................................................................................34 LIST OF FIGURES Figure 1. Vicinity Map Figure 2. Existing Site Features Figure 3. Parcel Location Map Figure 4. Watershed Location Map Figure 5. Historic Aerial Map (1936) Figure 6. Historic Aerial Map (1966) Figure 7. LIDAR Map Figure 8. Soils Map Figure 9. FEMA Floodplain Map Figure 10. Asset Map Figure 11. Proposed Monitoring Features Figure 12. Riparian Buffer Zones LIST OF TABLES Table 1. General Project Information. Table 2. Jurisdictional Stream Resources Within the Project Boundary. Table 3. Jurisdictional Wetland Resources Within the Project Boundary. Table 4. NC SQT Function -Based Parameters and Measurement Methods. Table 5. Functional Category Summary for Project Reaches. Table 6. Summary of NCWAM Wetland Functional Ratings for Existing and Proposed Conditions. Table 7. Summary of Regulatory Considerations. Table 8. Wetland Impacts. Table 9. Goals and Objectives for the Red Barn Mitigation Bank Site. Table 10. Morphology Table for UT to Little Fisher River Reference Reaches. Table 11. Project Objectives and Associated Performance Criteria. Table 12. Stream Monitoring Summary. Table 13. Wetland Monitoring Summary. Table 14. Riparian Vegetation Monitoring Summary. Table 15. Red Barn Mitigation Bank Site Asset Tables. Red Barn Mitigation Bank Site December 2018 iii Ir , �.. ECOSYSTEM �l(/� PLANNING & RESTORATION LIST OF APPENDICES Appendix 1. Site Protection Instrument Appendix 2. Site Photographs Appendix 3. Stream and Wetland Determination and Quality Assessment Forms Appendix 4. Assessment Data Appendix 5. Agency Correspondence Appendix 6. Plan Sheets Appendix 7. Design Criteria Appendix 8. Maintenance Plan Appendix 9. Financial Assurance Appendix 10. Wilmington District Stream Buffer Credit Calculator Appendix 11. Credit Release Schedule Red Barn Mitigation Bank Site December 2018 iv �.. ECOSYSTEM PLANNING Sc RESTORATION 1.0 SITE INFORMATION Four unnamed tributaries (UT) to Stewarts Creek have been adversely impacted by the loss of riparian buffers and direct access by cattle. Based on observed soil profiles it is apparent that wetlands were once prevalent along portions of the stream reaches, and some were partially drained with a series of ditches. Cattle access to portions of the streams has caused significant bank erosion and prevented the establishment of riparian buffers that had been mostly cleared from the area in the past. UTI is a perennial channel located along the northern project boundary. The existing alignment of UTI joins a ditch that runs along the property line while the proposed UTI alignment follows the natural valley alignment into wetland A. The proposed alignment of UTI is separated into three reaches (UT Ia, UTIb and UT3 c) based on geomorphic properties. UT2 is a perennial feature located in the middle portion of the Site that flows through wetland B, an active cattle pasture. UT2 is separated into three reaches (UT2a, UT2b, and UT2c) based on geomorphic properties and restoration approach. UT3 is a perennial feature located in the southern portion of the Site and while it is not currently impacted by active cattle grazing, livestock have been present in the recent past and the stream is heavily incised and actively eroding throughout. UT3 is separated into four reaches (UT3c through UT3d) based on changes in stream condition and geomorphic properties. Wetland C and D are located along UT3. UT4 is an intermittent deep gulley draining to UT3. The naming convention and existing locations for the stream reaches and wetlands within the Project are illustrated in Figure 2. All four streams have either sustained significant cattle damage and/or have been channelized to maximize cattle grazing activities. Practices will be implemented to prevent livestock access to mitigation areas. Stream restoration approaches will involve raising the streambeds and/or re - meandering the channels through existing wetlands thereby enhancing the stream and wetland resources within the Project. Buffers in excess of 30 feet, and greater than 50 feet in most areas, will be restored along all proposed stream mitigation reaches for a total of 25.4 protected acres. Wetlands will be rehabilitated through increased surface connection with restored channels and planting of native species. Site mitigation activities, which will provide a total of 8,159 cool temperature stream mitigation units (SMU's) and 2.56 riparian wetland mitigation units (WMU's) within a 25.4 -acre conservation easement, include the following: • 7,017 linear feet of stream restoration and 568 linear feet of enhancement (design lengths) on stream channels that have been straightened and channelized for agricultural purposes; • Creation or rehabilitation of 3.45 acres of wetland hydrology by raising and reconnecting the restored stream beds to an active floodplain; • Restoration of riparian buffers at least 30 feet in width (wider along most stream reaches) with native wetland and riparian vegetation; and • Implementation of BMPs to remove cattle from the streams, riparian buffers, and wetlands. Red Barn Mitigation Bank Site December 2018 Page 1 �.. ECOSYSTEM PLANNING Sc RESTORATION Table 1. General Project Information. Project Information Project Name Red Barn Mitigation Bank Site County Surry Easement Area (acres) 25.4 Project Coordinates (latitude and longitude) 360 29'23.28" / -800 38'27.9594" Planted Acreage (acres of woody stems planted) 20.3 1.1 Property Ownership and Boundary The property that comprises the Site is privately owned. The Sponsor has provided a perpetual conservation easement that complies with U.S. Army Corps of Engineers guidelines (Appendix 1). The Site will be operated as a compensatory mitigation bank that will provide offsets for impacts to aquatic resources within the approved resource area. Practices will be implemented to prevent livestock access to mitigation areas. Fencing will be erected around the protected area to exclude livestock and posted signs will designate the protected area and state that public entry is not allowed. Three farm crossings and two pedestrian crossings are included in the stream design and are listed below by location and type proposed: • Culverted farm crossing between UT 1 b and UT 1 c; • Culverted farm crossing on UT2b; • Pedestrian bridge over UT2c valley; • Culverted farm crossing on UT3c; and • 10 ft wide ATV crossing through riffle on UT3c. The three culverted crossings are removed from the conservation easement and are not included in the creditable length of the proposed stream. The riffle crossing on UT3c is also removed from the creditable length of proposed stream. The pedestrian bridge over UT2c is proposed to span the valley and will not negatively impact the underlying resources. 1.2 Utilities A 30 ft power line easement crosses UTI at the upstream property boundary, shown in Figure 3. The conservation easement abuts this easement. No other utilities are within or adjacent to the easement. 1.3 Site Access All portions of the conservation easement are located on privately owned property. The deed provided in Appendix 1 provides the Grantee or its authorized representative the right to enter the Property and Conservation Easement Area. Property owners, parcels, roads, and access features are shown on Figure 3. UTI and UT2 are accessed off state -maintained SR 1461 (Ester Drive) and the private road named Timeless Trail. Timeless Trail is a gravel road that ends at a gated access to the Site property. Past the gate, the gravel road continues for approximately 740 feet. UTI is located to the west of the gravel road, while UT2 is located southeast of the road. Red Barn Mitigation Bank Site December 2018 Page 2 �.. ECOSYSTEM PLANNING Sc RESTORATION UT3 is accessed off state -maintained SR 1380 (Airview Drive) and Cletius Moser Trail, a private road. The conservation easement will be accessible using a 30 -ft access easement off Cletius Moser Trail that is to be installed as part of the proposed work. 1.4 Site Protection Instrument The draft conservation easement deed and plat provided in Appendix 1 are currently under review by the USACE as of September 4th, 2018. The recorded conservation easement (CE) grants the Bank Sponsor the right to develop the Red Barn Mitigation Bank Site on the easement. The natural resources on the Site will be protected within the 25.4 -acre conservation easement consisting of six parcels shown in Figure 3. 2.0 WATERSHED APPROACH AND SITE SELECTION The Stewarts Creek watershed (03040101100010), shown in Figure 4, is a NCDMS targeted local watershed (TLW; NCEEP, 2009). Stewarts Creek is also part of the Ararat River -Upper Yadkin Local Watershed Plan (LWP) area as identified in the Upper Yadkin Pee -Dee River Basin Restoration Priorities (RBRP). The NCDWQ Yadkin -Pee Dee River Basin Plan Summary (2008) identifies increasing nutrient enrichment, urbanization, and wastewater as stressors to water quality in the proposed service area. Major goals for the Upper Yadkin Pee -Dee River Basin as identified in the RBRP include: 1) Restoration of water quality and aquatic habitat in impaired stream segments; 2) Protection of high -resource value waters, including those designated by NCDEQ as High Quality Waters (HQW), Outstanding Resource Waters (ORW) and WS waters, and those containing large numbers of rare and endangered species; 3) Continuation of existing watershed restoration and protection initiatives and projects; 4) Collaboration with local resource agencies and landowners to implement new stream, riparian buffer and wetland restoration, enhancement and preservation projects in priority sub - watersheds within TLWs; 5) Improved management of stormwater runoff, especially in urban and suburban areas contributing to downstream degradation; and 6) Implementation of agricultural BMPs within high-priority rural sub -watersheds. 2.1 Watershed Benefits of Red Barn Mitigation Bank Site In addition to these larger watershed goals, water quality concerns from agricultural lands, pasture operations, degraded riparian buffers, and impervious surfaces are listed in the Ararat River -Upper Yadkin Basin LWP, Technical Memorandum, Task 2, EEP-08050 (EcoEngineering, 2008) as stressors to the Stewarts Creek sub -watershed. The Project will restore healthy headwater stream -wetland complexes in currently active, or recently active, cattle pastures in a watershed that is dominated by agricultural land use. The Project will restore riparian buffers at least 30 feet in width (50 feet or more in most areas) along stream reaches and provide significant improvements to wetland connectivity and function within the riparian buffer. Agricultural BMPs will be implemented to exclude cattle from streams, buffers, and wetlands to ensure these resources provide long-term stability and water quality improvements. As such, the Project will provide numerous water quality and ecological benefits within the Stewarts Creek and Yadkin River watersheds. The Project will continue existing water quality initiatives in the watershed and address each of the above-mentioned watershed goals by: Red Barn Mitigation Bank Site December 2018 Page 3 �.. ECOSYSTEM PLANNING Sc RESTORATION Stabilizing eroding stream banks to improve the water quality of receiving waters; Providing riparian buffers to improve the water quality of stormwater runoff, rehabilitate wetland function, and permanently protect project streams, wetlands, and buffers from future development; and Excluding livestock from the streams, wetlands, and buffers. 2.2 General Need for Mitigation in the Upper Yadkin River Basin The goals for the Site (see Section 6.0) are derived from immediate needs for cool stream credits outlined in NCDOT RFP #54 -JC -03040101 and NCDMS RFP #16-006993. Planning efforts for the Ararat River -Upper Yadkin LWP identify the Stewarts Creek sub -watershed as adversely affected by degraded riparian buffers through agricultural and pasture lands. Therefore, restoration activities at the Site will provide needed cool stream SMU's while also addressing identified water quality stressors in the Stewarts Creek sub -watershed. The proposed service area includes Winston-Salem, Yadkinville, Elkin, Mount Airy, North Wilkesboro, and a significant portion of the I-77 and NC -52 corridors. 3.0 BASELINE AND EXISTING CONDITIONS The Site is in a rural but developing area of Surry County. Land use within the UTI and UT2 watersheds is comprised of 37.3% pasture lands, 27.4% deciduous forest lands, and 35.3% residential development. Land use within the UT3 watershed is comprised of 49.2% cultivated crops and hay, 30.5% forest land, and 20.2% urban land with 2.3% of the urban land being impervious. The Project is impacted by farming practices, past stream channelization, riparian buffer loss, and direct cattle access. According to historic aerial photography, the streams have been in their approximate current alignment since prior to 1936 (Figures 5 and 6), and the Site has been in various agricultural practices since that time. Riparian buffers have been partially to completely cleared along all stream reaches, and cattle frequently access much of the streamside area. Livestock hoof shear, past row crop production, and/or shear stresses have severely impacted the stream banks and wetlands throughout the Site, causing significant, on-going sedimentation to downstream waters. Photographs of the Site are provided in Appendix 2. While the Site is near the city of Mount Airy, there are no foreseeable signs of impending land use changes or development pressure that would impact UTI and UT2. These watersheds have been fully developed since the late 1970s. A single home is being built to the north of UT3 and there is potential for further development along UT3. This potential for development in the UT3 watershed was taken into account in the design of UT3 and is discussed in Section 7.6 - Project Risks and Uncertainties. 3.1 Landscape Characteristics The Red Barn Mitigation Bank Site is located in the Northern Inner Piedmont EPA Level IV ecoregion. The area gets 45 inches of annual average precipitation, which, on average, is evenly spread throughout the year. All of UT4 and portions of UTI, UT2, and UT3 are bounded by gently sloping, low hills. The downstream portions of each tributary are within the broad floodplain of Stewarts Creek (Figure 7). Each UT ends at a confluence; UTI ends at UT2, UT2 ends at UT3, UT4 ends at UT3, and UT3 ends at Stewarts Creek. Wetlands A, B and C lie within the Stewarts Creek floodplain and are associated with UTI, UT2 and UT3, respectively. The UTs provide water while the local topography of the Stewarts Creek floodplain retains the water and supports these wetlands. Red Barn Mitigation Bank Site December 2018 Page 4 �.. ECOSYSTEM PLANNING Sc RESTORATION Figure 8 shows that the soils in the project area are primarily Dillard fine sandy loam and Toast- Bannertown complex (UTI floodplain), Colvard and Suches soils (UT2 floodplain and lower UT3), and Rhodhiss-Bannertown along the UT3 valley. The Dillard series consists of moderately well - drained soils that are rarely flooded, non -hydric, and typically found along stream terraces. The Toast- Bannertown complex is a well -drained, non -hydric, coarse sandy loam that is commonly very rocky. Colvard soils are a sandy loam consisting of well -drained, non -hydric soils found in Piedmont floodplain natural levees. Suches soils are loamy, non -hydric, well -drained soils found in Piedmont floodplains. The Rhodhiss-Bannertown complex consists of very rocky, well -drained, non -hydric soils that formed on Piedmont upland slopes. A soil investigation was conducted at the Site by Three Oaks Engineering in June 2016 and is provided in Appendix 4. Nine soil borings were augered within and around the area where the historic flow path of UTI was suspected to be, based on topography. Soils were classified as either `Hydric over Hydric' (indicator F3 Depleted Matrix) or `Non -hydric'. Evidence of a current and historic wetland presence in the concave drainageway along the likely historic flow path of UTI, coupled with the lack of soil wetness indicators elsewhere, supports the theory that the channelized section of UTI was relocated in the past away from its natural drainage way. Detailed topography information for the Site also confirms that the existing channelized alignment of UTI was dug through high ground and does not follow a natural drainage way. The proposed alignment of UTla and UTlb follows the concave drainage of the valley and will increase stream and wetland function at the Site. A debris jam that formed during June 2018 is currently (at the time of producing this report) diverting flow from the channelized section of UTI (UTI old flow path in Figure 2) back into the historic flow path for UTI, toward wetland A. 3.2 Existing Vegetation Canopy cover along the existing UTIs is approximately 30% and consists primarily of red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), black cherry (Prunus serotina), and American beech (Fagus grandifolia). The sapling/shrub layer is absent for most of UTla, most likely due to livestock having access to the entire project area. The understory layer is dominated by Chinese privet (Ligustrum sinense) and a few individuals of canopy species. Herbaceous vegetation includes fescue grass (Festuca spp.), blackberry (Rubus spp.), multiflora rose (Rosa multiflora), and beefsteak plant (Perilla frutescens). Vine species present include Japanese honeysuckle (Lonicera japonica), greenbrier (Smilax rotundifolia), and poison ivy (Toxicodendron radicans). Wetland A (WA) forms where the channelized UTI ends and consists mainly of herbaceous species such as seedbox (Ludwigia alternifolia), devil's beggar -tick (Bidens frondosa), and soft rush (Juncus effusus). UT2 is located on the middle portion of the Site and flows through active cattle pasture. Sparse woody vegetation such as red maple (Acer rubrum) and tulip poplar (Liriodendron tulipifera) are present at the beginning of the reach, with southern red oak (Quercus falcata) and white oak (Quercus alba) dominating the higher elevations on the hillside to the south. The rest of the reach lacks woody vegetation, except for Chinese privet and a few scattered small trees along the stream corridor and is dominated by fescue grass. Wetland B (WB) is located along UT2 and consists of herbaceous species such as smartweed (Persicaria pensylvanica), soft rush, and ironweed (Vernonia noveborecensis). UT3 flows along the wooded edge of a pasture, though cattle are not currently present in the pasture area. The left bank is completely wooded, with a canopy consisting largely of white oak, southern Red Barn Mitigation Bank Site December 2018 Page 5 �.. ECOSYSTEM PLANNING Sc RESTORATION red oak, American beech, black cherry, sweetgum (Liquidambar styraciflua), and red cedar (Jumperus virginiana). The sapling/shrub layer is dominated by dogwood (Cornus florida), ironwood (Carpinus caroliniana), Chinese privet, multiflora rose, and saplings of canopy species, with pockets of rhododendron (Rhododendron catawbiense) along the stream corridor. For most of the left bank, the herb layer is sparse, except for wetland C, near UT3's confluence with UT2, which is largely comprised of herbaceous species such as rice cutgrass (Leersia oryzoides), Asian dayflower (Murdannia keisak), and sedges (Carex spp.) Wetland D is located on the left bank, near the beginning of UT3. This wetland appears to be the result of an old impoundment and is comprised largely of herbaceous species such as rice cutgrass, smartweed, and American water horehound (Lycopus americanus). On the right bank of UT3, there is a thin canopy of trees consisting of species such as sycamore (Platanus occidentalis), river birch (Betula nigra), and white oak along the stream, with a shrub and sapling layer similar to the left bank. However, beyond the first 10-15 feet away from the streambank, pasture grasses dominate. UT4 is located on the right bank of UT3 consisting of the thin canopy of sycamore, river birch, and white oak. Pasture grasses dominate the UT4 drainage starting just upstream of the headcut where UT4 becomes intermittent. 3.3 Project Resources EPR conducted investigations for jurisdictional features in January 2017, and May and June 2018. Field assessments were performed using the methodologies presented in the Corps of Engineers Wetland Delineation Manual (1987) and Eastern Mountains and Piedmont Regional Supplement (2012). Potential jurisdictional wetlands were assessed using the USACE Wetland Determination Data Form (Appendix 3) and the NC Wetland Assessment Method (NCWAM; Appendix 3). Site photographs are provided in Appendix 2. Streams were assessed using the NCDWQ Stream Identification Form, and the Stream Quantification Tool (SQT). A copy of the NCDWR stream identification forms can be found in Appendix 3 and assessment data using the SQT are in Appendix 4. Four jurisdictional streams (Table 2) and four wetlands (Table 3) were delineated during the on- site investigations. The functional assessments for streams and wetlands, SQT and NCWAM, are discussed in the following section. A Preliminary Jurisdictional Determination (PJD) package was submitted to the USACE in July 2018. A site visit was conducted on November 7, 2018 with William Elliott and Steve Kichefski (USACE), and Sue Homewood (NCDWR) to review the resources delineated by EPR. Site features as shown in Figure 2 reflect the outcome of this site visit; the approved PJD package is provided in Appendix 3. Red Barn Mitigation Bank Site December 2018 Page 6 �.. ECOSYSTEM PLANNING Sc RESTORATION Table 2. Jurisdictional Stream Resources Within the Project Boundary. Reach Summary Reach UTI UT2 UT3 UT4 Existing Length (LF) 862.8 2,188 2,836 86.8 Drainage area (acres) 47.4 93.23 82.21 10.22 Drainage area (sq. miles) 0.05 0.15 0.25 0.02 Valley slope (ft/ft) 0.022 0.005 0.022 0.07 EPR - NCDWR Stream Score 36.5 30.0 39.5 27.5 Perennial or Intermittent P P P I NCDWR Classification N/A N/A N/A N/A NC SQT Existing Condition Score 0.25 0.29-0.37 0.62-0.67 N/A Rosgen Classification B5 B5/175 B/G 5, B4c and F4 B5 Stream Evolution Model SEM Stage Stage 2/5 Stage 2/5 Stage 3-5 Stage 5 FEMA Zone Classification AEA AEA AEA X Table 3. Jurisdictional Wetland Resources Within the Project Boundary. Wetland Summar Wetland WA WB WC WD Size of Wetland 1.4 2.4 0.79 0.04 AC Wetland Type Riparian riverine Predominant Dillard fine sandy Colvard and Colvard and Rhodhiss- Mapped Soil loam Suches Suches Bannertown Series Complex Drainage Class Moderately Well- Well -drained Well -drained Well -drained Drained Soil Hydric Status Non -Hydric' Non -Hydric' Non -Hydric' Non -Hydric' Source of Precipitation and runoff Groundwater, precipitation, runoff Hydrology and overbank flooding Stream Drainage Excess sediment, Hydrologic realignment/ ditches, cattle stream incision No obvious Impairment diversion of flow, downstream of impairment cattle access access debris jam Native Vegetation Non -Tidal Freshwater Marsh * Headwater Community Forest § % Exotic Invasive Weedy, pasture species present; no No obvious Vegetation obvious presence of invasive 25% invasive species species component Jurisdictional wetlands were identified on soils mapped as non -hydric. * These wetlands have been functioning as herb -dominated marsh wetlands for at least 80 years; therefore, they have been categorized as such. § Wetland D is a small pocket wetland along a bench that, while dominated by herbaceous species, has a woody component and is functioning more like a headwater forest wetland than a marsh. Red Barn Mitigation Bank Site December 2018 Page 7 �.. ECOSYSTEM PLANNING Sc RESTORATION UTI begins incised and entrenched for the first 300 LF, where the valley is steep and the stream has been channelized against the toe of slope adjacent to residential properties. The UTI watershed is the most urban of the three tributaries and the upstream watershed is contributing sediment from some bank erosion, as the streambed within the Project consists primarily of sand. The bed is actively in flux through this section of stream, as monitoring wells that were installed in pools along UTI were found buried following storm events and the thalweg had migrated within the confined channel. The existing alignment of UTI misses the low part of the valley as shown in UTI XS2 in Appendix 4. During field investigations in 2016 and 2017, UT1's alignment was directed north off the property into an incised, trapezoidal ditch running along the property line and draining west then southwest to Stewarts Creek (as shown in Figure 2). There is a headcut forming where UTI enters this ditch at the property line. During a field investigation in June 2018 a debris and sediment jam had formed at the approximate location of the headcut and flow from UTI was found to be dispersing through the pasture, toward wetland A. Two smaller tributaries confluence at the property boundary to form UT2. The upstream watershed of UT2 consists primarily of residential and forested land uses. The first 100 feet of UT2 is wide and shallow, functioning as a braided stream system but with active bank erosion and active cattle access. UT2 narrows as it travels west toward the large wetland complex (WB). Approximately 530 feet downstream of the wetland, UT2 narrows again into a ditch along the property line and heads toward UT3 and Stewarts Creek as an incised and entrenched channel. Upstream of the easement boundary, a newly installed gravel driveway crosses UT3 (where the stream is considered ephemeral). Immediately downslope of the culvert UT3 remains ephemeral and there is an area of old appliances, furniture and other large discarded items. UT3 then transitions to a perennial channel at a headcut just inside the easement boundary. A series of headcuts are scattered throughout the UT3 profile; the largest one is 4.5 feet tall within UT3a where the stream bed has down cut to bouldersibedrock. Throughout UT3 the left bank is forested while much of the right bank consists of a single line of trees. Bank erosion is prevalent throughout UT3 which provides a large sediment supply to the reach. The gauge that was installed in this reach in March 2018 was fully buried after a storm event. While portions of UT3 have a defined bench, the channel is still actively incising in many locations so the benches are generally higher than the bankfull channel, resulting in an incised channel condition. Migrating headcuts will result in further incision and erosion. UT4 is an intermittent tributary to UT3 that begins at a head cut just below a farm path. This tributary drains 10.2 acres of the adjacent pasture and is shown in the photographs in Appendix 2. Upstream of the farm path, the valley swale has no riparian buffer and cover consists of mowed pasture. Downstream of the headcut UT4 takes several sharp bends in its short length before meeting with UT3 in an eroded bowl with 7 -foot tall banks. 4.0 FUNCTIONAL UPLIFT This section of the report is provided to document the existing and proposed functional conditions of the Project. While functional parameters are assessed and presented, the functional assessment used is not proposed for mitigation crediting or determining project success. Performance standards are provided in Section 8. Red Barn Mitigation Bank Site December 2018 Page 8 �.. ECOSYSTEM PLANNING Sc RESTORATION In their current condition, the hydrologic resources on the Site are severely degraded. The most severe impairments present on the Site are direct cattle access to streams and wetlands, past channelization, and the loss of riparian buffers. Functional uplift will come from excluding livestock from project resources, restoring natural wetland and riparian vegetation, and restoring the project streams to a stable condition, connected to their adjacent floodplains. The exclusion of livestock will remove a direct source of nutrients, coliform, and sediment from the system. Due to the extent of the bank erosion in all four project streams, and for UT3 in particular, restoring a stable stream condition will reduce the amount of sediment in receiving waters. In -stream structures consisting of large woody debris will ensure channel stability and improve aquatic habitat for native species. Restored riparian buffers will provide floodplain roughness, bank stability, woody debris and detritus for aquatic organisms, shade, and diverse aquatic and terrestrial habitats that are appropriate for the ecoregion and landscape setting. Based on field evaluations of the project stream reaches and proposed mitigation practices, functional ratings were developed for the existing and proposed conditions of the project reaches using the North Carolina SQT, Version 3.0 (Harman and Jones, 2017). The SQT follows the methodology and definitions described in Harman, et al. (2012). The functional uplift in each of the five functional categories of the stream functions pyramid were assessed using the function -based parameters and measurement methods listed in Table 4. Table 5 shows the SQT scores and proposed lift that could be achieved during the monitoring period. The SQT scores function -based parameters and functional categories on a scale of 0.00 to 1.00 where 0.00 to 0.29 represents conditions that are not functioning like a reference condition (shown in red), scores of 0.70 to 1.00 are functioning like a reference condition (shown in green), and scores falling in the middle of these ranges are functioning -at -risk (shown in yellow). The SQT worksheets are provided in Appendix 4. The proposed restoration will lead to some small improvements in reach hydrology by changing adjacent land uses from pasture to riparian wetlands and/or woody riparian buffer. The bulk of the functional lift will occur in the hydraulic and geomorphic functional categories. Hydraulic functioning is assessed in the SQT using floodplain connectivity, which is not functioning in all but the most severely trampled or aggrading reaches. The proposed practices will reconnect streams to their floodplains or excavate floodplains at the new channel elevation to decrease entrenchment and remove incision. Geomorphologic functioning was assessed using large woody debris (LWD), lateral stability, riparian vegetation, bed form diversity, and plan form parameters. Throughout the Site, the riparian vegetation on one or both banks consists of pasture grass. The proposed work described in Section 7.0 will plant native wetland, riparian, and upland species throughout the conservation easement and improve both the composition and structural aspects of riparian vegetation. Cattle access and channelization have led to low lateral stability and plan form scores in the SQT for all reaches. By removing the cattle and restoring the plan form to stable channel dimensions, these scores will increase. Lateral stability will also be improved in the short term by stabilizing banks using coir fiber matting, toe wood, and sod mats. As the proposed riparian buffer is established, lateral stability should improve further and increase the resiliency of the restored channels. Since UTI and UT2 are channelized sand bed streams with minimal riparian buffer, there are few pieces of large woody debris in the channels to create diverse bed forms. The proposed design will restore the bed form diversity to these reaches primarily using large woody debris in order to provide functional uplift in the geomorphology functional category. Red Barn Mitigation Bank Site December 2018 Page 9 ECOSYSTEM PLANNING & ;• RESTORATION Table 4. NC SQT Function -Based Parameters and Measurement Methods. Functional Category Function -Based Parameters Measurement Methods UTla UT2a UT2b,c Catchment Hydrology Curve Number Hydrology Reach Runoff Curve Number 0.42 0.42 Concentrated Flow Points Hydraulics Floodplain Connectivity Bank Height Ratio -,0.39 0.53 Entrenchment Ratio 0.70 Large Woody Debris (LWD) Large Woody Debris Index Lateral Stability Dominant BEHI/NBS 0.45 0.70-1.00 Physicochemical0.40 Percent Eroding Bank Riparian Vegetation Buffer Width - Geomorphology Biology Stem Density 1.00 1.00 - Pool Spacing Ratio Bed Form Diversity Pool Depth Ratio Percent Riffle Aggradation Ratios Plan Form Sinuosity Temperature Summer Daily Maximum Physicochemical Organic Carbon Percent Shredders Biology Macroinvertebrates Biotic Index ' Aggradation Ratio was not used in reaches UT2b, UT2c, or UT3b as excessive deposition was not noted in the existing condition and is not expected in the proposed condition. Table 5. Functional Category Summary for Project Reaches. Functional Category Existing Proposed Score UTla UT2a UT2b,c UT3a,c UT3b UT4* Hydrology 0.34 0.45 0.47 0.42 0.42 0.56 0.43-0.56 Hydraulics 0.004 0.39 -,0.39 0.53 0.25 0.70 Geomorphology 0.25 0.20 0.15 1 0.32 - 0.45 0.55 0.45 0.70-1.00 Physicochemical0.40 0.57 0.57 0.84 0.84 - Modest Lift Assumed for UTI and UT2. Biology 0.2 .25 .25 1.00 1.00 - * As an intermittent stream, only the following parameters were evaluated: catchment hydrology, floodplain connectivity, large woody debris, lateral stability, and riparian vegetation. Due to the narrow valley of the channel, riparian buffer widths are limited by topography. Stream gauges and macroinvertebrate samples have provided some insight into the current functioning of physicochemical and biology parameters within the Site reaches. The stream gauges were installed near the upstream extent of each of the three perennial streams and record water level and temperature. Macroinvertebrate samples were collected at two locations in May 2018: within UT3a just downstream of the UT4 confluence and at the beginning of UT2c (location is downstream of proposed confluence with UTI and was used to quantify conditions for both UTI and UT2). Note Red Barn Mitigation Bank Site December 2018 Page 10 �.. ECOSYSTEM PLANNING Sc RESTORATION that while functional parameters are assessed and presented in this section, the functional assessment used is not proposed for mitigation crediting or determining project success. Performance standards are provided in Section 8. • The maximum summer temperatures recorded from the gauges on UTI and UT3 scored functioning -at -risk for cool -water streams. The maximum summer temperatures observed on UT2 for the 2018 season was in the functioning range. This outcome is likely due to the urban land uses in the upstream catchments of UTI and UT3, while the catchment of UT2 is more forested by comparison. Due to the locations of the gauges near the upstream extent of the project reaches, functional uplift in temperature is not likely to be documented; however, slight temperature improvements are likely on UTI and UT2 as the riparian buffer establishes and improves shading of the stream channels throughout the Site. • The macroinvertebrate sample collected in UT3 yielded functioning scores for both organic carbon (percent shredders) and macroinvertebrate parameters. While the sample location exhibited excessive deposition, with sand choking what cobble was present, it was likely not the worst location within the reach. EPR believes some functional uplift in physicochemical and biologic functioning is possible by removing the excessive sediment supply but this lift would not be captured by our limited sampling methods. The macroinvertebrate sample collected in UT2 yielded not functioning scores for both organic carbon and macroinvertebrate parameters. While the UT 1 and UT2 systems are much lower gradient and naturally sandy, they are not expected to achieve scores as high as those observed in UT3, but modest lift can be achieved as there is a likely source and pathway for aquatic communities to inhabit the restored reaches. In addition to the analysis of site conditions noted above, the known impacts from cattle access have provided an input of nutrients and fecal coliform that, when combined with the loss of wetland function and connectivity, is likely to have further degraded physicochemical and biology functions. These impacts, along with the quantified impairments to supporting functional categories shown in Table 5, indicate that the physicochemical and biology functional categories are functioning -at -risk or not functioning at the Site. The stream restoration approach will reduce the input of sediment, nutrients, and fecal coliform to the stream channels by fencing out the cows, stabilizing the banks, and establishing a riparian buffer. Forested wetland areas adjacent to the stream will promote increased plant uptake and retention of surface runoff before it reaches the stream channels, minimizing overland flow velocities while also encouraging nutrient removal processes. The existing wetlands on the Site are severely degraded from cattle access and past attempts to drain them. Functional uplift is proposed to be achieved for the existing wetlands by removing the cattle, planting native vegetation communities, removing ditches and decreasing drainage, and reconnecting them to the streams. Wetland creation is proposed to connect WA and WB by excavating a valley and stream channel (UT Ic). To establish a baseline for wetland functions, NCWAM was used to assess the four wetlands at the Site. WA, WB, and WC have been in a largely herbaceous condition since at least 1936, based on historic aerial photography. Therefore, these wetlands were rated in NCWAM as non -tidal freshwater marshes instead of headwater forest, since they have been functioning as marshes for more than 80 years. The functional ratings for each wetland are presented in Table 6. The NCWAM results are provided in Appendix 3. NCWAM was also used to predict proposed conditions given that functional uplift will be achieved in water quality and habitat functions in WA, WB, and WC (Table 6). The proposed rehabilitation will convert the medium functioning non -tidal freshwater Red Barn Mitigation Bank Site December 2018 Page 11 �.. ECOSYSTEM PLANNING Sc RESTORATION marsh wetlands into high functioning headwater forest wetlands. NCWAM shows lift primarily in water quality and habitat functional categories although the proposed work is also expected to improve hydrologic functioning in the wetlands. Table 6. Summary of NCWAM Wetland Functional Ratings for Existing and Proposed Conditions Existing Condition Wetlands and Functional Ratings WA WB WC WD NCWAM Wetland Type Non -Tidal Freshwater Marsh Non -Tidal Freshwater Marsh Non -Tidal Freshwater Marsh Headwater Forest Hydrology High High High Medium Water Quality Medium Medium Medium High Habitat Low Low Low Low Overall Score Medium Medium Medium Medium Proposed Condition WA WB WC WD NCWAM Wetland Type Headwater Forest Headwater Forest Headwater Forest Headwater Forest Hydrology High High High N/A Water Quality High High High N/A Habitat Medium High Medium N/A Overall Score High High High N/A 5.0 REGULATORY CONSIDERATIONS Regulatory considerations for the Site are shown in Table 7 and described in the following sections. Table 7. Summary of Regulatory Considerations Regulatory Parameter Applicable? Resolved? Supporting Docs. Waters of the United States - Section 401/404 Yes Yes Appendix 3 Endangered Species Act Yes Yes Appendix 5 National Historic Preservation Act Yes Yes Appendix 5 Coastal Zone Management Act (CZMA or CAMA No N/A N/A FEMA Floodplain Compliance I Yes No Appendix 5 Essential Fisheries Habitat I No N/A N/A 5.1 401/404 There will be minor impacts to the wetlands onsite due to realignment of channel features, but restoration activities will increase the acreage of wetlands on the Site and improve overall wetland function of Site wetlands. Table 8 shows anticipated impacts to existing wetlands due to stream channel realignment. A PJD package was submitted to NCDWR and USACE in July 2018 and a site Red Barn Mitigation Bank Site December 2018 Page 12 �.. ECOSYSTEM PLANNING Sc RESTORATION visit was conducted with USACE and NCDWR in November 2018. The PJD package was approved in December 2018 and is provided in Appendix 3. Table 8. Wetland Impact Stream channel impacts will be temporary due to restoration activities and relocation of the restored channels to follow the valley. Construction activities will be conducted under a Nationwide Permit #27, Aquatic Habitat Restoration, Enhancement, and Establishment Activities with the submittal and approval of a pre -construction notification. 5.2 Biological and Historical Resources The Endangered Species Act (ESA) of 1973, as amended (16 U.S.0 1531 et seq.), defines protection for species with the Federal Classification of Threatened (T) or Endangered (E). An "Endangered Species" is defined as "any species which is in danger of extinction throughout all or a significant portion of its range" and a "Threatened Species" is defined as "any species which is likely to become an Endangered Species within the foreseeable future throughout all or a significant portion of its range" (16 U.S.0 1532). EPR requested review and comment from the U.S. Fish and Wildlife Service (USFWS) and North Carolina Wildlife Resources (WRC) on March 16, 2018 regarding the project's potential impacts to threatened or endangered species. The USFWS did not provide any comment within the 45 -day time frame. A response from the WRC dated April 10, 2018 indicates the project will not impact wild trout resources. The USFWS and WRC letters are included in Appendix 5. Additionally, WRC is a member of the IRT and provided comment to the USACE on the Site prospectus. This communication is also provided in Appendix 5. The North Carolina State Historic Preservation Office (SHPO) assists in the "identification, evaluation, protection, and enhancement of properties significant in North Carolina history and archaeology." Following a review of the project and surrounding area through the State's HPOWEB map server, EPR sent an email to the NC SHPO on March 16, 2018 indicating no known historic properties were found on the Site. As of December 2018, a response has not been received and it is assumed NC SHPO agrees with EPR's findings. All correspondence with SHPO is included in Appendix 7. 5.3 FEMA Floodplain Compliance Upon review of the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program's Digital Flood Insurance Rate Mapping (DFIRM) panels 3711501000J and 3710591900J, effective August 18, 2009, Stewarts Creek is mapped using detailed methods, putting most of UTI, UT2, WA, WB, and WC within the 1 Percent Chance Annual Flooding Zone (Zone AE; Figure 9). No work is proposed on Stewarts Creek as a part of this project and EPR will submit an application for a no -rise associated with the work on the tributaries. Correspondence with the local floodplain administrator is provided in Appendix 5. Red Barn Mitigation Bank Site December 2018 Page 13 Wetland A Wetland B Wetland C Wetland D Acreage 0.12 0.07 0.10 0.01 Square Feet 5,095 2,855 4,383 328 Stream channel impacts will be temporary due to restoration activities and relocation of the restored channels to follow the valley. Construction activities will be conducted under a Nationwide Permit #27, Aquatic Habitat Restoration, Enhancement, and Establishment Activities with the submittal and approval of a pre -construction notification. 5.2 Biological and Historical Resources The Endangered Species Act (ESA) of 1973, as amended (16 U.S.0 1531 et seq.), defines protection for species with the Federal Classification of Threatened (T) or Endangered (E). An "Endangered Species" is defined as "any species which is in danger of extinction throughout all or a significant portion of its range" and a "Threatened Species" is defined as "any species which is likely to become an Endangered Species within the foreseeable future throughout all or a significant portion of its range" (16 U.S.0 1532). EPR requested review and comment from the U.S. Fish and Wildlife Service (USFWS) and North Carolina Wildlife Resources (WRC) on March 16, 2018 regarding the project's potential impacts to threatened or endangered species. The USFWS did not provide any comment within the 45 -day time frame. A response from the WRC dated April 10, 2018 indicates the project will not impact wild trout resources. The USFWS and WRC letters are included in Appendix 5. Additionally, WRC is a member of the IRT and provided comment to the USACE on the Site prospectus. This communication is also provided in Appendix 5. The North Carolina State Historic Preservation Office (SHPO) assists in the "identification, evaluation, protection, and enhancement of properties significant in North Carolina history and archaeology." Following a review of the project and surrounding area through the State's HPOWEB map server, EPR sent an email to the NC SHPO on March 16, 2018 indicating no known historic properties were found on the Site. As of December 2018, a response has not been received and it is assumed NC SHPO agrees with EPR's findings. All correspondence with SHPO is included in Appendix 7. 5.3 FEMA Floodplain Compliance Upon review of the Federal Emergency Management Agency's (FEMA) National Flood Insurance Program's Digital Flood Insurance Rate Mapping (DFIRM) panels 3711501000J and 3710591900J, effective August 18, 2009, Stewarts Creek is mapped using detailed methods, putting most of UTI, UT2, WA, WB, and WC within the 1 Percent Chance Annual Flooding Zone (Zone AE; Figure 9). No work is proposed on Stewarts Creek as a part of this project and EPR will submit an application for a no -rise associated with the work on the tributaries. Correspondence with the local floodplain administrator is provided in Appendix 5. Red Barn Mitigation Bank Site December 2018 Page 13 �.. ECOSYSTEM PLANNING Sc RESTORATION 6.0 MITIGATION PROJECT GOALS AND OBJECTIVES The programmatic goal of the Project is to provide stream and wetland mitigation units to be applied as compensatory mitigation credit for impacts to waters of the U.S. in the proposed subject area. More specific project goals and objectives were developed for the Stewarts Creek Watershed based on the Upper Yadkin Pee -Dee RBRP (NCEEP, 2009) and Yadkin Pee -Dee River Basinwide Water Quality Plan (NCDWQ, 2008) and are provided in Table 9. Table 9. Goals and Ob'ectives for the Red Barn Mitigation Bank Site. MMW Goals Objectives ■ Reduce the amount of land in active livestock pasture. Reduce Sediment Install fencing to exclude livestock from project streams. Inputs and Stream Increase distance between active farming operations and receiving Turbidity waters. ■ Restore riparian buffers to filter runoff. ■ Stabilize eroding stream banks. ■ Reduce the amount of land in active livestock pasture. ■ Install fencing to exclude livestock from project streams. Reduce Nutrient Increase buffer widths between active farming operations and Inputsreceiving waters. ■ Restore riparian buffers to filter runoff. ■ Decrease drainage of restored/enhanced wetlands, promoting higher water table conditions, and denitrification. ■ Reduce the amount of land in active livestock pasture. Reduce Fecal ■ Exclude livestock from project streams. Coliform Inputs Increase buffer widths between active farming operations and receiving waters. ■ Restore riparian buffers to filter runoff. ■ Restore riparian buffer vegetation to filter runoff and provide Restore / Enhance organic matter and shade. Degraded Riparian 0 Rehabilitate existing riparian wetlands and decrease drainage of Buffers created riparian wetland areas. ■ Protect riparian buffers with a permanent conservation easement. Reduce 0 Restore minimum 30 -foot riparian buffers between suburban Urban/Suburban homes and receiving waters. Stormwater Runoff 0 Protect riparian buffers with a permanent conservation easement. ■ Restore stream channels with appropriate dimension, pattern, and profile. Reduce Stream 0 Install in -stream structures to provide stream channel and stream Channel and Stream bank stability. Bank Instability 0 Restore riparian buffer to provide bank protection and stability. ■ Install fencing to exclude livestock from project streams. ■ Protect riparian buffers with a permanent conservation easement. ■ Exclude livestock from project streams. Improve Aquatic 0 Restore stream channels with appropriate dimension, pattern, and Habitat profile. ■ Install in -stream structures to provide improved aquatic habitat. Red Barn Mitigation Bank Site December 2018 Page 14 �.. ECOSYSTEM PLANNING Sc RESTORATION The performance standards associated with these goals and objectives are covered in Section 8.0 of this report. 7.0 DESIGN APPROACH AND MITIGATION WORK PLAN The Red Barn Mitigation Bank Site involves the restoration of four unnamed tributaries (UT) to Stewarts Creek as shown in the plan set provided in Appendix 6. UTI is a perennial feature located on the northern end of the Site that currently leaves the property but will be re -aligned to flow into wetland A. UTI is separated into three reaches (UT 1 a, UT 1 b and UT3 c) based on geomorphic properties; UTIb and UTIc are new channels, restored by redirecting UTIa to follow the lowest part of the valley instead of draining into a ditch along the northern property line. The existing ditch will still convey flow from the properties to the north. UT2 is a perennial feature located in the middle portion of the Site that flows through active cattle pasture and wetland B. It is separated into three reaches (UT2a, UT2b, and UT2c) based on increases in drainage area and changes in restoration approach. UT3 is a perennial feature located in the southern portion of the Site that is heavily incised and actively eroding throughout. UT3 is separated into four reaches (UT3a through UT3d) based on changes in stream condition and geomorphic properties. UT3c partially feeds wetland C and will be realigned to improve the hydrology of wetland C. UT4 is an intermittent deep gulley draining to UT3. The existing resources are shown in Figure 2 and the proposed assets for the Site are shown in Figure 10. Recently collected reference reach data and the rural Piedmont regional curve (Harman, 1999) were used to verify bankfull discharge and area on project streams. However, the smallest drainage area in the dataset used to create the regional curve is 0.2 square miles. Since UTI and UT3 have only 0.05 square mile drainage areas at the project boundary, EPR conducted a search for reference streams within the region with a drainage area comparable to the project streams. Two potential reference sites were located, both of which are on private property and require permission to access. The first site, UT to Pauls Creek, has a drainage area of 0.14 square miles and had consistent bankfull indicators throughout the reach but was impacted by a gravel road running down the hillslope to a neighboring agricultural field. Rapid methods were used to collect a riffle cross section and the difference between water surface and bankfull features at this site. The second site, UT to Little Fisher River, has a drainage area of 0.02 square miles and was surveyed in detail. The bankfull area of these reference sites are provided with the regional curve data in Appendix 7. UT to Little Fisher River was separated into two reaches and EPR collected longitudinal profiles and cross sections within both reaches. While there was flowing water in both reaches, the two reaches are separated by a dry section of channel (14 feet in length) where the flow was subterranean during both site visits. The upstream reach was within a colluvial valley draining to the large Little Fisher River floodplain. The downstream reach consisted of 40 feet of a single -thread sandy channel on the Little Fisher River floodplain before a collapsed pedestrian/ATV crossing disrupts the channel and the flow disperses into a wetland. Geomorphic data are summarized for both of these reaches in Table 10. In addition to the reference reaches described above, the design criteria applied to the Project are based on surveys of multiple reference reaches conducted in the past, published reference reach data, and on design criteria and monitoring data from past successful restoration projects performed throughout the Piedmont region of North Carolina. Specifically, reference data compiled and Red Barn Mitigation Bank Site December 2018 Page 15 �.. ECOSYSTEM PLANNING Sc RESTORATION presented by Lowther (2008) for similar stream types, drainage areas, and slopes within the Piedmont of North Carolina were reviewed to evaluate appropriate ranges of sinuosity and pattern data. Lowther evaluated 19 reference reach streams across the Piedmont of North Carolina — our assessment focused on streams in the dataset with small drainage areas and low slopes. EPR evaluated this reference information against past completed stream restoration projects that have performed well and have been tested by significant storm events. EPR staff has several successful projects similar to the Site that were restored over 15 years ago and have remained stable with incorporated wetland components. These include the Hanging Rock Creek Site in Avery County, the Mitchell River — Darnell Site in Surry County, and the Mitchell River — Kraft Site in Surry County. Each of these past projects have similar drainage areas to the design Red Barn stream reaches, similar slopes and bed conditions, and have been in place for over 15 years. The design criteria used for the Red Barn site relied heavily on lessons learned from these past projects. Regional curve data and design criteria are provided in the morphological tables provided in Appendix 7. Table 10. Mornhologv Table for UT to Little Fisher River Reference Reaches V Parameter An Upstream Reach Downstream Reach Contributing Drainage Area (sq. mi.) 0.02 Valley Width feet 40 11 Channel/Reach Classification C B Bankfull Width feet 6.3 5.1 Bankfull Mean Depth feet 0.5 0.3 Bankfull Area (ft2) 2.9 1.7 Bank Height Ratio 1.0 1.0 Entrenchment Ratio > 6 2.1 Water Surface Slope ft/ft 0.048 0.02 Sinuosity 1.3 1.04 D16/ 35/ 50 /84/ 95/ di avement/di sub avement mm 0.04/0.81/5.13/38/ 60/-/- 0.02/0.05/0.11/5/ .6/-/- 9.6/-/- An analysis was performed regarding the likely channel forms that would have been present through the Site, prior to its conversion to agriculture. EPR has collected data on headwater stream systems in the Southeastern U.S., and found a strong relationship between channel form, drainage area, and valley slope (Tweedy, 2008). As drainage area and valley slope increase, drainages tend to form more defined stream channels. EPR has used this tool successfully to evaluate the proper design form for restoration projects and believes the approach will be successful for this project due to the extremely low slopes of the channels within the Stewarts Creek floodplain. Topography data for the Site were used to evaluate both drainage area and valley slope for the project streams. Data from the evaluated project reaches are presented in Graph 1, where reach drainage areas are plotted against the estimated design valley slope. The results of this analysis indicate that all proposed design reaches except UTlb would be expected to have a moderately to well-defined channel form under natural conditions, with a visible ordinary high-water mark (OHW). Therefore, the stream reaches were designed using Natural Channel Design (NCD), which has been used successfully in the past for small Coastal Plain streams. Red Barn Mitigation Bank Site December 2018 Page 16 �.. ECOSYSTEM PLANNING Sc RESTORATION Channel Formation Data 4.00% Channels with Ordinary + Red Barn Reaches + UT3a High Water Mark ■ Poorly Defined ♦ Moderately Defined + UT1a + UT3c DO O Well Defined • NC Coastal Plain RR + UT2a • O • • GA Coastal Plain RC CP 0 O Texas RR O ■ O • • Florida a) CL O O O O • Trendline o 0.40% O ■ UT2b + UT1 c UT2c • O > ■ ■ ° ° o o ° 0.04% UT1b + 100 100 1 Channels without Ordinary High Water Mark Drainage Area (acres) Graph 1. Channel Formation Analysis for Red Barn Mitigation Bank Site. A quantitative sediment entrainment analysis was performed for UT3 and is discussed in Section 7.3. Since sediment transport in sand bed streams is better quantified by capacity analyses rather than competency, entrainment calculations were not performed for UT 1 and UT2. A qualitative sediment capacity analysis for UTI and UT2 was performed based on the channel formation analysis described above and the design width depth ratio (WDR). WDR is directly related to stream power and therefore sediment capacity; decreasing the WDR for a given bankfull discharge and slope will increase stream power. Design criteria and data characterizing the geomorphologic condition of the existing and proposed reaches are provided in Appendix 7. 7.1 UTI to Stewarts Creek UTia begins off-site and enters the Project as an incised channel. UTla will consist of 760 LF of Priority 2 (P2) restoration to abandon the existing channel and align with the valley, providing more buffer between the residential properties and the stream. The maximum cut in this P2 section (3.8 feet) occurs within the first 200 LF of the proposed UT 1 a profile. This area will be wide and relatively flat in order to promote natural deposition of the sediment supply from upstream in the floodplain. The cut for the remaining 560 LF of P2 begins at 1.8 feet and ties into within 0.5 feet of existing ground before curving around the hillside. Following the P2 restoration, Priority 1 (P1) restoration will be used as UTia falls with the valley, wrapping around the hillslope. Based on visual observations, topographic data, and soil inspections, Red Barn Mitigation Bank Site December 2018 Page 17 �.. ECOSYSTEM PLANNING Sc RESTORATION the proposed alignment represents the historic alignment of UTI. It is evident that the existing UTI alignment was excavated through a slight hill in the past to drain directly to Stewarts Creek. A review of aerial photography back to 1936 shows that the streams on the Site were channelized prior to the available dates of aerial photography; therefore, no photographs or maps have been identified that show the original stream alignments (Figures 5 and 6). However, topographic information indicates that the natural drainage for UTI would have wrapped around the hillside as proposed. The proposed alignment was further confirmed by survey data and a soil investigation, showing that the fall of the valley and hydric soils follow the proposed alignment around the hillside (see the soils report provided in Appendix 4). Within the P1 section, between design stations 20+07 and 25+90 the floodplain will be cut slightly, less the 0.5 ft, in order to center the valley within the easement. Rock structures are not required due to the size of the channel and the bed material. Log steps, log vanes, and woody riffles will be incorporated into the restoration design to improve bedform diversity and provide structures for aquatic organisms. The restored stream channel will be sized to carry the bankfull discharge, with larger flows spreading out onto the adjacent floodplain. UTla will be designed as a Cb stream type using the restoration approaches described above. Sediment transport within UT 1 a was qualitatively assessed throughout the reach. Fresh deposition was evident on bars within the confined valley during multiple field visits and deposition was documented with a gauge that was installed in March 2018 and found buried 3 months later (see photos in Appendix 2). Since there is sediment coming from upstream of the project, the first 200 LF of the reach is designed to encourage sediment deposition on the bankfull bench. In this area the channel will have a low slope and a high width depth ratio. This segment will help to limit the sediment load transported downstream and provide stability to UTlb and UT 1 c. After the first 200 LF of UT 1 a, the bankfull slope exceeds two percent as the channel wraps around the hillside and then gradually flattens out into the existing wetland. The sediment load to this portion of UT 1 a is expected to be low and will easily be transported downstream. UTlb begins where the valley flattens and the proposed channel transitions to a narrow baseflow channel meandering through existing wetland A (WA). While the UT 1 a valley is steep and somewhat confined, UTlb and UTlc are within an unconfined alluvial valley. UTlb will meet grade at the lowest elevation in the existing wetland and maintain a low slope and narrow channel to a culverted farm crossing. As shown in Graph 1, the valley slope of UTlb would not naturally be expected to maintain an ordinary high-water mark. Based on the valley topography, soil investigations, and observed site conditions, EPR believes that a narrow baseflow channel can be maintained through a proposed stream -wetland complex. Standing water is present in the existing depression of the wetland for multiple days following a rain event. This length of stream, however, is not included in the credit accounting to provide SMUs (see Section 11). Construction of the proposed channel will excavate a narrow portion of the wetland; excavation to the bankfull elevation is less than 0.5 ft. Nearer the crossing and outside the existing wetland, the maximum excavation is 0.8 ft. UT 1 c will connect wetlands WA and WB within the conservation easement. The majority of this reach is within the proposed wetland creation area for the Site and excavation below the culvert is 0.5 ft but gradually increases to 1.5 ft near the confluence with UT2. Wetland creation is discussed in more detail in Section 7.4. Red Barn Mitigation Bank Site December 2018 Page 18 �.. ECOSYSTEM PLANNING Sc RESTORATION Graph 1 shows that the valley slope for UT 1 c is on the trendline that delineates between channels that maintain an ordinary high-water mark and channels that do not. The drainage area and valley slope are very similar to reference reaches that exhibit single threat channels and EPR expects that the channel will meet the criteria to maintain a single -thread channel through this reach. Due to the low slopes of UT 1 b and UT 1 c, minimal structures are proposed throughout these reaches; sod mats and log vanes will promote lateral stability and bed form diversity in UT 1 c. Sediment transport was considered throughout these reaches but due to the low slopes, deposition can be expected if there is a sediment supply. The proposed work on UTla will reduce the amount of sediment by stabilizing the banks within the project reach and creating a depositional reach at the project boundary. 7.2 UT2 to Stewarts Creek UT2a enters the southeast corner of the Site in a wide, aggraded area at the confluence of two unnamed tributaries. Similar to UT 1 a, the upstream land uses contribute sediment supply to the reach; however, the remainder of UT2a has not exhibited signs of excessive deposition or aggradation due to this large aggraded area (shown in the photos in Appendix 2) that allows the incoming sediment to deposit. This section of UT2a will be stabilized and shaped to reduce the erosion from a swale running down the hillslope on the right bank, but its depositional function will remain intact. UT2a will stay within the existing channel for 103 LF before transitioning to P2 restoration. The proposed channel will be centered within the valley and the existing channel will be abandoned and filled. The cut for this section of P2 restoration begins at 3.1 feet and ties into within 0.5 feet of existing ground before entering the existing wetland. Following the P2 restoration, P 1 restoration will be used as UT2a flows through the existing wetland. UT2a ends at its confluence with UT 1 c. The downstream portion of UT2a currently functions as a small D5/6 stream system and was observed as more of a flowing emergent marsh than a stream channel. Direct cattle access to the reach has caused significantly embedded hoof prints throughout the area and trampling of any stream forms that may have formed. The valley slope and drainage area through the wetlands is estimated to be sufficient to maintain a well-defined ordinary high-water mark as shown in Graph 1. Once the cattle are removed, EPR believes the reach will function as a single -thread channel. Therefore, UT2a will be designed as a C stream type utilizing wood structures due to the bed material. Log steps, log vanes, and woody riffles will be incorporated into the restoration design to improve bedform diversity and provide structures for aquatic organisms. The restored stream channel will be sized to carry the bankfull discharge, with larger flows spreading out onto the adjacent floodplain. Sediment transport was qualitatively assessed throughout the reach. While the bed was actively changing between site visits, there was not the same widespread bank erosion, excessive deposition, and active channel adjustment that was observed in UTI. The gauge that was installed within a pool downstream of a debris jam in March 2018 was no longer in a pool as the debris jam had dislodged and the pool filled in. However, the gauge was not buried and when the site was visited in September 2018, the conditions were similar to those observed in June even though significant rain events had occurred. UT2b begins at the confluence of UTlc and UT2a as the valley transitions from an expansive bowl stream -wetland complex to a narrower valley leading southwest to Stewarts Creek. The valley for UT2b and UT2c has an average width of 150 ft and is bounded by a hillslope to the south and east Red Barn Mitigation Bank Site December 2018 Page 19 �.. ECOSYSTEM PLANNING Sc RESTORATION and a slight concave feature to the west separating Stewarts Creek and UT2. The existing channel is incised and entrenched and is therefore disconnected from the natural valley. Due to slope constraints, the proposed design will excavate a valley at the existing channel elevation, with a maximum cut of approximately 5 feet. UT2b will be designed as a C stream type using minimal rock. The proposed design will re -meander the stream within the excavated valley. Toe wood and ditch plugs will prevent flow from cutting through the old channel. A culverted farm crossing will be installed partway through UT2b to provide land owner access to both sides of the easement. Additionally, a narrow pedestrian bridge will be installed within UT2c to allow for the land owners private enjoyment of the easement. UT2c heads south towards UT3, and similar to UT2b is incised and entrenched. Due to the proximity to Stewarts Creek, UT2c will be designed as a Bc channel, implementing an Enhancement I approach. The proposed design will shape the bankfull channel dimensions, excavate a floodplain area, and install structures to provide grade control and to improve bed form diversity. As shown in Graph 1, UT2b and UT2c are expected to maintain a moderately well -formed channel at the given valley slope. The proposed practices will stabilize the streambanks and limit the supply of sediment from within the reaches. Additionally, the proposed stream -wetland complex upstream will limit the sediment load transported downstream and provide stability to UT2b and UT2c. 7.3 UT3 to Stewarts Creek UT3a enters the conservation easement at the southeastern most portion of the project boundary. Upstream of the conservation easement, UT3 is ephemeral but quickly becomes perennial from additional spring discharges just within the easement boundary. The UT3a bed elevation is currently being controlled by tree roots in the upstream most extents of the reach but has headcut up to that point and is very deeply incised throughout most of the rest of the reach. Remnants of an old dam are located approximately 100 feet downstream from the start of UT3a. This dam has been long breeched and abandoned terrace behind the dam supports wetland D. Currently, the bed along the entire length of UT3 is inundated with sand. This is likely due to the extreme bank erosion found throughout much of this reach. In an undisturbed setting, this steep headwater stream would more likely have had a gravel and cobble bed. Pebble count and bar sample information were collected from the reach. These samples provide data that shows a bed material that is much finer than what would exist in this location in an undisturbed setting. UT3a is classified as a G5 stream type throughout most of its length. UT3a is designed as a P1/P2 restoration where the bed elevation is being brought back up to the natural valley elevation and bankfull benches are being excavated to provide adequate floodplain and fill material to raise the bed elevation. Many areas along this reach will connect the design bankfull elevation to the historic floodplain elevation. This reach is designed as a B4 stream type which is likely what existed in this steep headwater valley prior to disturbance. UT3a will incorporate instream structures such as log drops and constructed riffles to provide grade control and encourage pool scour and bioengineering such as toe wood and geolifts to provide bank stability and improved habitat. A culverted farm crossing will be installed partway through UT3a to provide land owner access to both sides of the easement. The 87 -foot long, intermittent UT4 enters UT3a downstream of the proposed culverted crossing as an incised (BHR >10) and entrenched G5 stream. UT4 is intermittent at a large headcut and Red Barn Mitigation Bank Site December 2018 Page 20 �.. ECOSYSTEM PLANNING Sc RESTORATION Enhancement I activities will reconnect the stream to its floodplain and shape a stable channel, incorporating grade control, to meet the proposed grade of UT3a. UT3a and UT4 are considered sediment supply reaches and as such, a quantitative sediment transport analysis would not provide useful information. However, comparing the design critical shear stress to Shield's Curve shows that the stream will have enough energy to entrain particles of approximately 100 mm. This shows that the stream will move the fines through the restored system. The restoration of this reach will greatly reduce bank erosion which will reduce the fine sediment supply. The constructed riffles will incorporate material large enough to be immobile during storm events and will provide a stable bed form. UT3b begins where the channel is not as severely incised and the valley is beginning to widen. This short 190 -foot section of channel has some stable bank sections and mature vegetation. Even though this reach is not as dramatically incised as UT3a, stormflows during the bankfull discharge do not access the floodplain and historic cattle access and hoof shear along the banks is apparent. Like UT3a, UT3b is inundated with sand but more gravel is present. UT3b is proposed for Enhancement I activities which include reconnecting the stream to its historic floodplain by raising the bed elevation, constructing the correct bankfull geometry, and installing in -stream structures to improve bed form and provide grade control. The channel will remain in its current alignment. To the extent possible, existing mature trees will not be disturbed along this reach. Due to the wider valley, this channel is designed as a C4b stream type. UT3c begins where the valley further flattens and the widens and becomes the floodplain for Stewarts Creek. UT3c has been channelized and moved to the edge of the valley along the toe of the slope. Due to this channelization and subsequent degradation, UT3c is incised and overly wide and classifies as a F4 stream type. This stream flows for approximately 974 feet to the confluence with UT2. A series of headcuts exist along this reach as it nears the confluence with UT2. UT3c is designed as a P 1 restoration with a C4 stream type. The stream will be moved to the low point in the center of the valley and re -meandered through the existing degraded wetland which will improve wetland hydrology by increasing the frequency of overbank events and raising the stream bed. A riffle pool bedform sequence will be established and in -stream structures such as rock and woody constructed riffles, and j -hook vanes will be used to control grade and promote pool scour. Toe wood will be used to protect meander bends and to increase the amount of woody debris within the stream. A narrow (10 ft wide) ATV crossing will be installed partway through UT3c to provide land owner access to both sides of the easement. This stream length is not included to generate SMUs. Since this entire stream reach and the reaches upstream are being restored and stabilized, the sediment load entering UT3c will be greatly reduced. The constructed riffles that will be installed will consist of material that will be immobile during storm events. The design critical shear stress is capable of entraining particles from approximately 50 to 100 millimeters in diameter. This will ensure that any fines supplied from the upstream reaches are either transported through UT3c or deposited on the floodplain. UT3d is a short, incised reach that begins at the confluence with UT2 and ends at Stewarts Creek. The pattern follows a few tight bends and the channel is completely disconnected from the floodplain. This reach will be re -aligned slightly to move the confluence away from an eroding bank and the Red Barn Mitigation Bank Site December 2018 Page 21 �.. ECOSYSTEM PLANNING Sc RESTORATION channel will be shaped to contain bankfull dimensions, thus reducing erosion and the sediment load into Stewarts Creek. 7.4 Wetlands Wetland rehabilitation is proposed for the portions of existing wetlands WA, WB, and WC that are outside of the proposed stream banks (refer to Figure 10). These areas have been maintained in herbaceous vegetation and trampled by cattle due to long-established agricultural practices. Additionally due to these agricultural practices, WA and WC are partially disconnected from their associated stream reaches. Restoration activities planned for the Site involve planting native woody wetland vegetation and re-establishing direct hydrologic connections with Site streams in existing wetland areas. Wetland creation is also proposed along UTI and UT2 where existing topography, in concert with proposed stream restoration activities, suggest a potential for these areas to develop wetland soil and hydrology indicators. The main wetland creation area occurs between existing WA and WB. Realigning UTI to connect with UT2 will provide a consistent source of hydrology downslope of existing WA. In addition, existing WB has the potential to be enlarged towards WA given the bowl - like nature of this area and very low slopes. At some point, ditches were dug through WB that drain towards UT2. Instead of filling these features, ditch plugs will be placed along the ditches to decrease drainage and encourage longer inundation times. Areas of potential wetland creation will not be counted towards wetland mitigation credit unless groundwater gauge data are provided that shows jurisdictional wetland hydrology during the annual monitoring period and consultation with the IRT has occurred. Five main activities will be employed to rehabilitate or create wetlands: • Re -align UTI to its historic location, which will route flow through the lowest part of the valley and through WA and WB (this water is currently directed away from the Site); • Re -align UT3 through existing WC, providing increased hydrology and overbank flooding; • Minor grading activities to increase surface storage and inundation; • Plant native woody wetland species; and • Restore or maintain an overbank flooding regime by designing channels that flow out of their banks at bankfull discharges. As a result of these activities, significant hydrologic lift will occur across the project area, raising the local water table and fostering the development of wetland plant and hydrology indicators in areas where they might be reasonably expected to occur after implementation of the Project. 7.5 Vegetation and Planting Plan Species selection for re -vegetation of riparian buffer areas will generally follow those suggested by Schafale and Weakley (1990) for Piedmont/Low Mountain Alluvial Forest and Schafale (2012) for Piedmont Alluvial Forest, as well as wetness tolerances cited in WRP Technical Note VN -RS -4.1 (WRP 1997). Species selection for existing and proposed wetland areas are modified to include more species with greater wetness tolerances than the riparian buffer areas. Where the limits of disturbance within the easement includes the toe of the hillslopes, upland seeding and tree species will be planted. The native species selected for establishment at the Site represent a range of growth rates and varying Red Barn Mitigation Bank Site December 2018 Page 22 �.. ECOSYSTEM PLANNING Sc RESTORATION tolerances to shade and moisture. These range of characteristics were selected to ensure that the appropriate vegetation cover develops over the Site. The species lists, site preparation, planting density, planting methods, and materials are detailed in the construction drawings and specifications included in Appendix 6. Invasive species identified at the Site are sparse but present, particularly in wetland C. Common invasive species vegetation found at the Site include Chinese privet, multiflora rose, Japanese honeysuckle, and fescue grass. During construction, the existing invasive vegetation species will be controlled using mechanical methods. 7.6 Project Risks and Uncertainties Listed below are identified project risks and uncertainties that have been evaluated in the development of design plans for the Site, along with methods that have been/will be used to address these concerns. • Land use development: There is potential for increased land development around the Site in the future that could lead to additional runoff and changes to watershed hydrology. o Methods to Address: Development upstream and around UTI and UT2 is not likely to occur. The upstream catchments are already built out and the adjacent land owners are likely to continue their agricultural practices. The land is within a floodplain and unlikely to be approved for further development. However, there is active construction of a house along the northern hillslope of UT3a and further development of the northern pastures is possible along the length of UT3. Restoration of the Site to reconnect streams to their floodplains will reduce the likelihood of future degradation from watershed changes, as increased flows will spread over a wider floodplain. There is also little elevational fall across the Site so the risk of channel instability is low once vegetation is established. Grade control (in the form of constructed instream structures and natural bedrock outcrops) present across the restored site decrease the chances of future channel incision. Channel Formation: Since the project involves headwater systems, flow duration and channel formation performance standards may not be met. o Methods to Address: The design team is confident that the headwater stream systems will form as designed. This conclusion is based on observations of site wetness condition, soils, topography, watershed sizes, and past project experience. Flow gauges will be installed, and observations of channel formation and ordinary high-water mark features will be recorded. In the first few years, channels may become obscured by dense herbaceous vegetation. Over time as trees grow and provide shade, the herbaceous species will be reduced, and the channels will typically become more defined and pronounced. • Easement Encroachment: There is potential for landowner encroachment into the permanent conservation easement. Red Barn Mitigation Bank Site December 2018 Page 23 �.. ECOSYSTEM PLANNING Sc RESTORATION o Methods to Address: EPR has had considerable discussions with the landowner regarding the project requirements and limitations of easement access and is confident that the landowner fully understands and will maintain the easement protections. The easement boundaries will be fenced and clearly marked. Any encroachments that do occur will be remedied by EPR or the long-term steward to remedy any damage and provide any other corrections required by the IRT. • Beavers: Hydrologic trespass due to flooding is likely in the vicinity of the UT1/UT2 confluence if beaver occupy the Site. While there was no evidence of beaver activity during Site assessments, there is potential for beavers to inhabit the Site. o Methods to Address: EPR will take steps to trap and remove beaver if they appear on the Site during the monitoring period. • Drought and Floods: There is potential for extreme climatic conditions during the monitoring period of the project. o Methods to Address: EPR will apply adaptive management techniques as necessary to meet the performance criteria. Such adaptive management may include replanting, channel damage repair, irrigation, or other methods. If adaptive management activities are significant, additional monitoring may be required by the IRT. 8.0 PERFORMANCE STANDARDS Performance criteria outlined in the U.S. Army Corps of Engineers — Wilmington District Public Notice: Notification of Issuance of Guidance for Compensatory Stream and Wetland Mitigation Conducted for Wilmington District (October 24, 2016), will be followed and are briefly outlined below. Monitoring information can be found in Section 9.0. 8.1 Restored Stream Channels The required performance criteria for restored stream channels, per USACE Guidance are summarized briefly below: • All streams must maintain an Ordinary High -Water Mark (OHWM), per RGL 05-05. • Continuous surface flow must be documented each year for at least 30 consecutive days. • Bank height ratio (BHR) cannot exceed 1.2 for all measured cross sections on a given reach. • Entrenchment ratio (ER) must be 1.4 or above for all measured riffle cross-sections on a given reach. • BHR should not change by more than 10% in any given year for a majority of a given reach. • Must document occurrence of at least 4 bankfull events in separate years during the monitoring period. 8.2 Riparian and Wetland Vegetation The required performance criteria for planted riparian vegetation, per USACE Guidance are summarized below: Red Barn Mitigation Bank Site December 2018 Page 24 �.. ECOSYSTEM PLANNING Sc RESTORATION • Within planted portions of the Site, a minimum of 320 stems per acre must be present at year 3; a minimum of 260 stems per acre must be present at year 5; and a minimum of 210 stems per acre must be present at year 7. • Trees must average 7 feet in height at year 5, and 10 feet in height at year 7. • Planted and volunteer stems are counted, provided they are included in the approved planting list for the Site. • Any single species can only account for 50% of the required stems per monitoring plot. • Vegetation must be planted, and plots established, at least 180 days prior to the initiation of the first year of monitoring. • Permanent plots will be randomly located throughout the Site, and random plots will not make up more than 50% of the plots. Invasive species will be managed and controlled using a combination of chemical and/or mechanical methods to ensure that these species comprise less than 5% of the total easement acreage. Management and control will continue throughout the project until this percentage is achieved. 8.3 Wetlands All wetland areas within the project easement are proposed to have consistent monitoring and success criteria, including 10% wetland hydroperiod and vegetation indicative of a jurisdictional wetland as defined by USACE guidelines. Wetland hydroperiod will be monitored by continuously recording groundwater gauges and will be presented in annual monitoring reports. Areas that do not exhibit sufficient hydroperiod and/or hydric soil indicators will be not be added to wetland mitigation unit upon completion of the monitoring period. 8.4 Compatibility with Project Goals The required performance criteria described above, plus project -specific criteria, allow evaluation of whether the project goals have been met after the Project has been completed. In Table 11, the Project objectives are listed, along with the performance criteria that will allow documentation of whether these objectives have been achieved. Fulfillment of these objectives will allow the Project to achieve the goals outlined in Section 6.0. Red Barn Mitigation Bank Site December 2018 Page 25 �.. ECOSYSTEM PLANNING Sc RESTORATION Table 11. Project Objectives and Associated Performance Criteria Objective Performance Criteria Reduce amount of land in active • Recordation of a conservation easement meeting livestock pasture. USACE guidelines that removes approximately 16 acres of land from active livestock pasture. Install fencing to exclude livestock • Visual inspection of fence installed to exclude cattle from project streams. from the stream and riparian buffer, demonstrating no encroachment. Increase distance between active • Protect minimum 30 ft. riparian buffers between project farming operations and receiving streams and active farming operations with a waters. conservation easement meeting USACE guidelines. Restore and protect riparian • Restore minimum 30 ft. riparian buffers between project buffers to filter runoff from streams and surrounding agricultural and suburban land agricultural and suburban land uses. uses and provide organic matter, .Recordation of a conservation easement meeting shade, and bank protection and USACE guidelines stability. • Woody vegetation establishment meeting defined success criteria. • Geomorphic cross sections indicate stable sections over the monitoring period. Stabilize eroding stream banks. • Visual inspection of fence installed to exclude cattle from the stream and riparian buffer, demonstrating no encroachment. • Maintenance or development of wetland indicators (vegetation, hydrology, and soil), as defined by the Rehabilitate existing riparian USACE. wetlands and decrease drainage of • The percent saturation/hydroperiod threshold shall be created riparian wetland areas. exceeded. • Woody vegetation success criteria of 320 native stems/acre in Year 3, 260 native stems/acre in Year 5 and 210 native stems/acre in Year 7. Restore stream channels with • Bank height ratio (BHR) cannot exceed 1.2 for all appropriate dimension, pattern, measured cross sections on a given reach. and profile * photographic documentation of stable stream banks. • Documentation of a stable longitudinal profile. Install in -stream structures to • Visual documentation of in -stream structure stability provide stream channel and stream during annual monitoring. bank stability and improved • Geomorphic cross sections that document a variety of aquatic habitat channel depths and forms. 9.0 MONITORING PLAN Per the "Wilmington District Stream and Wetland Compensatory Mitigation Update" (October 24, 2016), Site monitoring must occur for seven years post -construction, unless the District, in consultation with the IRT, agrees that monitoring may be terminated early. Monitoring reports will be completed for all seven years and provided to the USACE no later than April 1 of the following year. Reports will be written and formatted in accordance with Regulatory Guidance Letter 08-03 and Red Barn Mitigation Bank Site December 2018 Page 26 �.. ECOSYSTEM PLANNING Sc RESTORATION will include a yearly summary of applicable activities such as vegetation monitoring and stream and wetland hydrologic monitoring. After USACE's review of the documentation, additional monitoring protocols may be required to ensure project success can be achieved. While monitoring reports will be completed annually, not all monitoring reports will include the same information. A visual assessment of the entire project will be conducted on an annual basis. All monitoring reports will include at least a brief narrative of site developments, a representative photo log, and a Current Condition Plan View (CCPV). Specifically, problem areas of vegetation, in -stream structures, and channel movement (pattern, dimension, or profile) will be noted on the CCPV and documented with photos. Further monitoring measurements to be included in the annual monitoring reports are detailed in the following sections. In addition, a final as -built survey and report, with information as outlined in the Wilmington District October 2016 Update, will be submitted to the USACE within 90 days of completion of all physical and biological improvements to the Site (including planting). 9.1 Stream Monitoring Stream monitoring will include monitoring of the hydrologic and geomorphic functions of UT's 1, 2, 3, and 4. Monitored parameters, methods, schedule/frequency, and extent are summarized in Table 12. Monitoring parameters follow USACE guidance but will also allow monitoring of parameters to document site performance related to the project goals listed in Section 6.0. The proposed locations of monitoring features (cross sections and gauges) are shown in Figure 11. Table 12. Stream Monitoring Summary Parameter Method Schedule/ Frequency Number/ Extent Stream Profile Full longitudinal survey As -built only (unless All four stream otherwise required) channels. 5 on UTI; Stream Dimension Cross sections Years 1, 2, 3, 5, and 7 6 on UT2; 6 on UT3; and 1 on UT4 Visual Assessment Yearly All four stream channels. Only if instability is Channel Stability Additional Cross sections Yearly documented during monitoring 1 each on UT 1 a, Pressure transducers Continuous recording UTIc, UT2a UT2c, Precipitation recorder through monitoring UT3a, UT3c, and Stream Hydrology period UT4; and I Tipping bucket Photos of flood Yearly All four stream indicators channels. Red Barn Mitigation Bank Site December 2018 Page 27 �.. ECOSYSTEM PLANNING Sc RESTORATION 9.2 Wetland Monitoring Groundwater monitoring gauges will be installed to take measurements after hydrological modifications are performed at the Site. Hydrological sampling will continue throughout the growing season at intervals necessary to satisfy the jurisdictional hydrology success criteria within each wetland creation area (USEPA 1990). According to the Soil Survey of Surry County, the growing season is from April 8 to October 26 (USDA 2007). The beginning of the growing season will be confirmed annually by soil temperatures exceeding 41 degrees Fahrenheit at 20 inches (50cm) depth and/or bud burst. Soil temperatures will be collected in late March/early April of each monitoring year and will be reported in the annual monitoring report. Monitored parameters, methods, schedule/frequency, and extent are summarized in Table 13. The proposed locations for groundwater gauges are shown in Figure 11. Red Barn Mitigation Bank Site December 2018 Page 28 �.. ECOSYSTEM PLANNING Sc RESTORATION Table 13. Wetland Monitoring Summary Parameter Method Schedule/ Number/ Extent Data Collected Permanent Frequency 6 plots, spread Species, height, vegetation plots, Continuous 4 gauges; one each Soil temperature at the Vegetation 0.02 acre in size recording in WA WB WC beginning of each Wetland Pressure through and the creation monitoring period, Hydrology transducers growing area between WA groundwater and rain vegetation plots, season and WB. data for each 0.02 acre in size drop selected each monitored period. Permanent 5 plots; one each in vegetation WA, WC, and the Species, height, plots, 0.02 acre As -built, creation area location, planted vs. Years 1, 2, between WA and volunteer, age, woody Vegetation in size (minimum) 3, 5, and 7 WB, and stems count. establishment two in WB. Annual random and vigor Between vegetation July 1 st and 3 plots, randomly Species, height, plots, 0.02 acre leaf drop selected each year woody stems count. in size (minimum) 9.3 Riparian Vegetation Monitoring Vegetation monitoring will evaluate the establishment of planted and volunteer vegetation across the Site. Monitored parameters, methods, schedule/frequency, and extent are summarized in Table 14. Monitoring parameters follow USACE guidance but will also allow monitoring of parameters to document site performance related to the project goals listed in Section 6.0. Table 14. Riparian Vegetation Monitoring Summarv. Parameter Method A Schedule/ Frequency Number/ Extent* Data Collected Permanent 6 plots, spread Species, height, vegetation plots, As -built, Years location, planted vs. Vegetation 0.02 acre in size 1, 2, 3, 5, and 7 across riparian planting zones. volunteer, age, establishment minimum wood stems count. Annual random 7 plots, and vigor Between July vegetation plots, 1 st and leaf randomly Species, height, 0.02 acre in size drop selected each woody stems count. minimum year. * Values do not include the vegetation plots in the wetlands on the Site described in Table 13. + Random plots could occur in riparian, wetland, or upland planting zones (Zones 2, 3, or 4). During quantitative vegetation sampling, sample plots (100 square meters, or 0.02 acre) will be installed within the Site as per guidelines established by the Level 1 and 2 protocols in CVS -DMS Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). Visual observations of the percent cover of shrub and herbaceous species will also be documented by photograph. The proposed locations of permanent vegetation plots are shown in Figure 11. Red Barn Mitigation Bank Site December 2018 Page 29 �.. ECOSYSTEM PLANNING Sc RESTORATION During the monitoring period, the Site will be reviewed annually to locate and quantify any residual invasive species vegetation. If invasive species are identified at the Site during the monitoring period, their location and extent will be shown on the current condition plan view (CCPV). A corresponding discussion will be included in the annual monitoring report outlining the proposed management plan. Invasive species vegetation will be managed and reviewed on an annual basis to minimize its long- term impact to planted native species. Any vegetation control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. 10.0 ADAPTIVE AND LONG-TERM MANANGEMENT A permanent conservation easement will be established on the mitigation areas to provide perpetual protection. Following the release and sale of all available credits for the Site, long-term management of the property will be assumed by a third -party conservation organization. Until close-out, the conservation easement will be held by EPR Conservation Easement Holdings, LLC, a company established for the express purpose of holding conservation easements during the construction and monitoring phases of mitigation sites. In the event the mitigation site or a specific component of the mitigation site fails to achieve the necessary performance standards as specified in Section 8, EPR shall notify the members of the IRT and work with the IRT to develop contingency plans and remedial actions. A maintenance plan is provided in Appendix 8, summarizing the types of issues that may arise during monitoring and how those issues would be addressed. A statement regarding the financial assurances for the project can be found in Appendix 9. To handle management of the Site after close-out, the Sponsor will institute a Long-term Management Plan for assessing the condition of the mitigation Site and implementing maintenance provisions to maintain performance of the Site. The proposed site protections will ensure that only IRT -approved activities take place, and a non -wasting endowment fund will be established to fund long-term maintenance and management activities. The Sponsor has discussed the project with the Piedmont Land Conservancy (PLC), and conducted a site visit with PLC to review the project and the proposed restoration plans. PLC has expressed interest in being the long-term steward for the project after monitoring has been completed and all credits sold. Therefore, the Sponsor's plan is to transfer the easement to PLC after bank close-out. 11.0 DETERMINATION OF CREDITS Mitigation credits presented in Table 15 are projections based upon site design. Upon completion of site construction, the project components and credit data will be adjusted, if necessary, to be consistent with the as -built condition, and any changes will be described in the As -built Monitoring Report. The project proposes to provide stream credits derived from stream enhancement level II (UT3d), stream enhancement level I (UT2c, UT3b and UT4) and stream restoration (UTla, UTIc, UT2ab, and UT3ac) activities as shown in Table 15a and Figure 10. Where possible, stream riparian buffers in excess of the minimum 30 -feet have been restored along both banks for 25.4 protected acres. The methodology outlined in the Wilmington District Stream Buffer Credit Calculator (Updated 1/19/2018) was used to calculate additional buffer credits. The Wilmington District Stream Buffer Credit Calculator documentation is provided in Figure 12 and Appendix 10. The project proposes to provide wetland credits derived from wetland rehabilitation and creation as shown in Table 15b and Figure 10. Since there is higher demand for stream credits in the service area Red Barn Mitigation Bank Site December 2018 Page 30 �.. ECOSYSTEM PLANNING Sc RESTORATION for the Site, the credit generating wetland areas are smaller than the proposed wetland creation and rehabilitation areas outlined in the planting plan and Section 7 of this report. Descriptions of the stream mitigation units (SMUs) are presented below in Tables 15a. Wetland mitigation units (WMUs) are presented in Tables 15b. The proposed credit release schedule is provided in Appendix 11. Red Barn Mitigation Bank Site December 2018 Page 31 4,� ECOSYSTEM PLANNING & RESTORATION Table 15a. Red Barn Mitigation Bank Site Stream Asset Table A R = Restoration, E= Enhancement Red Barn Mitigation Bank Site December 2018 Page 32 Existing Mitigation Restoration Approach Mitigation Mitigation 10 Project Component Footage Stationing Plan Level A Priority Ratio (X: 1) Credits Notes/ Comments Footage Level (SMUs) UTla 862.8 10+00 to 1,590 R Pi 1 1,590 25+90 25+90 to E channel through wetland UTlb 0 538 - Pi 0 0 - may not maintain high- 31+28 water mark. UTIc 0 31+28 to 688 R P2 1 688 50 ft crossing not included 38+66 in miti ation length. UT2a 1019.36 10+00 to 1,186 R P1 1 1,186 21+86 UT2b 928.5 21+86 to 1,011 R P2 1 1,011 50 ft crossing not included 32+47 in miti on length. UT2c 240.1 32+47 to 244 EI - 1.5 163 34+91 UT3a 1527 10+00 to 1,378 R P2 1 1,378 30 ft crossing not included 24+10 in mitigation length. UT3b 198 24+10 to 190 EI - 1.5 127 26+00 UT3cd 1123.5 26+10 to 1,164 R Pi 1 1,164 10 ft crossing not included 37+94 in miti on length. UT4 86.8 10+00 to 134 EI - 1.5 89 11+10 Net Change in Credit from Buffers using the 763.74 Wilmington District Stream Buffer Credit Calculator (Updated 1/19/2018) Total Assets Summary: 8,159 SMUs A R = Restoration, E= Enhancement Red Barn Mitigation Bank Site December 2018 Page 32 4,� ECOSYSTEM PLANNING & RESTORATION Table 15b. Red Barn Mitigation Bank Site Wetland Asset Table . Areas of existing and proposed wetlands that will be used to generate stream credits are not included in this table. Red Barn Mitigation Bank Site December 2018 Page 33 Wetland Position Existing Mitigation Restoration Mitigation Mitigation Asset and Acreage Plan Level Ratio Credits Notes/ Comments Hydro Acreage * (WMUs) Type WA RR 1.4 0.77 Rehabilitation 1.5 1.16 Planting, excluding livestock, WB RR 2.4 1.00 Rehabilitation 1.5 0.67 and increase surface hydrology. WC RR 0.79 0.54 Rehabilitation 1.5 0.36 Creation RR 0 1.14 Creation 3 0.38 Connecting WA and WB and removing berm from WB. Total Assets Summary: 2.56 WMUs . Areas of existing and proposed wetlands that will be used to generate stream credits are not included in this table. Red Barn Mitigation Bank Site December 2018 Page 33 �.. ECOSYSTEM PLANNING Sc RESTORATION 12.0 REFERENCES EcoEngineering, 2008. Upper Yadkin Basin Local Watershed Plan Technical Memorandum, Task 2. EEP-08050, October 2008. Harman, W., R. Starr, M. Carter, K. Tweedy, M. Clemmons, K. Suggs, C. Miller. 2012. A function - based framework for developing stream assessments, restoration goals, performance standards and standard operating procedures. U.S. Environmental Protection Agency, Office of Wetlands, Oceans, and Watersheds, Washington, D.C. Harman, W.A. and C.J. Jones. 2017. North Carolina Stream Quantification Tool: Spreadsheet User Manual, NC SQT v3.0. Environmental Defense Fund, Raleigh, NC. Harman, W.H. et al. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. AWRA Wildland Hydrology Symposium Proceedings. Edited by: D.S. Olsen and J.P. Potyondy. AWRA Summer Symposium. Bozeman, MT. Lowther, Brian. 2008. Stream Channel Geomorphology Relationships for North Carolina Piedmont Reference Reaches — a thesis prepared in the Biological and Agricultural Engineering Dept. of North Carolina State University. Raleigh, NC. North Carolina Ecosystem Enhancement Program (NCEEP). 2009. Upper Yadkin Pee -Dee River Basin Restoration Priorities. North Carolina Division of Water Quality (NCDWQ). 2008. Yadkin Pee -Dee Basinwide Water Quality Plan. 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, North Carolina Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural Heritage Program, North Carolina Department of Environment and Natural Resources. Tweedy, K.L. 2008. A Methodology for Predicting Channel Form in Coastal Plain Headwater Systems. Conference Proceedings: Stream Restoration in the Southeast: Advancing the Science and Practice. November 3 - 6, 2008, Asheville, NC. U.S. Army Corps of Engineers. 2012. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region Version 2.0, ed. J. F. Berkowitz, J. S. Wakeley, R. W. Lichvar, C. V. Noble. ERDC/EL TR -12-9. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Army Corps of Engineers. 2016. Wilmington District Stream and Wetland Compensatory Mitigation Update. North Carolina Interagency Review Team. Red Barn Mitigation Bank Site December 2018 Page 34 Site Coordinates 36.4898 °N 80.6411 °W a Oak Ridye<z Rea Brush Rd Ceorr�e Chandler Ra Legend = Conservation Easement n�•mou Fb, S" oI Rd C Ric hdra �a yr c -ea N m x 3 o. a Airvicw V O C � C �O v t io a o O ?Ko Rd 114, Scott Bun *ns Creek Q, / 9ry eY �f �^ tc n Hwy ckrr�r�eY � 2 8/(1e117ont Rd Casale O Sno,Nh111 Pr a u 0 Prrleview Or C s fou u. N O y V N bVorth St Linvil cy Rive m de Park Q`ce 5� E Oak St 2 i 2, m -41, tPp Future Park �a Carp Sl ,t 0 � ego R RED BARN MITIGATION BANK SITE PREPARED BY: 0 1,500 3,000 ECOSYSTEM Feet PLANNING & VICINITY MAPtil I RESTORATION FIGURE 1 SURRY COUNTY, NC DECEMBER 201 8 Z`�� Fd� 42 L6 rn CL Blvd a Hardy', ===iIStir -_ t8� --- ---- - �11h P --- cne�d�icc o A Custom Gr, it - -finer Center Old Mt Al w T�oS�Rd ry Pin est !- II 4( oI Rd C Ric hdra �a yr c -ea N m x 3 o. a Airvicw V O C � C �O v t io a o O ?Ko Rd 114, Scott Bun *ns Creek Q, / 9ry eY �f �^ tc n Hwy ckrr�r�eY � 2 8/(1e117ont Rd Casale O Sno,Nh111 Pr a u 0 Prrleview Or C s fou u. N O y V N bVorth St Linvil cy Rive m de Park Q`ce 5� E Oak St 2 i 2, m -41, tPp Future Park �a Carp Sl ,t 0 � ego R RED BARN MITIGATION BANK SITE PREPARED BY: 0 1,500 3,000 ECOSYSTEM Feet PLANNING & VICINITY MAPtil I RESTORATION FIGURE 1 SURRY COUNTY, NC DECEMBER 201 8 A< •" ,_,._ Mfr,_. ��.. i TO gob 9MM Ju t ® 1f DIme� LEGEND Conservation Easement UT1 old flow path7 UT1a m� UT2a3� . UT2b UT2c u UT3a w UT3b R UT3d v ® Wetlands 0 250 500 RED BARN MITIGATION BANK SITE PREPARED ECOSYSTEM Feet EXISTING SITE FEATURES PLANNING & RESTORATION FIGURE 2 SURRY COUNTY, NC DECEMBER 201 8 ---- --����� 591900894216 / o BEA5917 750JV � `✓��� ��=--- �? ius Moser TO BEASLEYtTERRY G/ w..k59.1908891501 / I 0 C, RPh °'c Iz- hit Airy v, R� rr o II S� O r 0 S� LEGEND CONSERVATION EASEMENT WATER SUPPLY WATERSHEDS TARGETED LOCAL WATERSHED 11-c' (03040101 1 0001 0) wy eek RED BARN MITIGATION BANK SITE PREPARED 0 0.5 1 ECOSYSTEM Miles WATERSHED LOCATION MAP ril I PLANNING & RESTORATION FIGURE 4 SURRY COUNTY, NC DECEMBER 201 8 6 s' 'r �l `� • '' jr lit- tf r - - Legend + Conservation Easement - . PREPARED BY: 0 250 500 RED BARN MITIGATION BANK SITE ECOSYSTEM Feet HISTORICAL AERIAL MAP PLANNING & (1966) tilRESTORATION FIGURE 6 SURRY COUNTY, NC DECEMBER 201 8 ■ i r LEGEND CONSERVATION EASEMENT HIGH: 1189 Low: 1006 RED BARN MITIGATION BANK SITE PREPARED ECOSYSTEM 0 250 500 Feet LIDAR MAPtil PLANNING & RESTORATION FIGURE 7 SURRY COUNTY, NC DECEMBER 201 8 ir A k. try"` l a tIlk .., `. r , r- r r. a LEGEND Q CONSERVATION EASEMENT ' r SOILS , COLVARD AND SUCHES (CSA) 0 DILLARD FINE SANDY LOAM (DRB) HATBORO LOAM (HAA) RHODHISS BANNERTOWN COMPLEX (RBD) xloll 1 'v 0 TOAST-BANNERTOWN COMPLEX (TTC) ♦' r - WATER (W) 0 250 500 RED BARN MITIGATION BANK SITE PREPARED ECOSYSTEM Feet SOILS MAP PLANNING & RESTORATION FIGURE 8 1 SURRY COUNTY, NC I DECEMBER 201 8 r( S Y ata G - i1x'i. . •/ � . i r ROY AYERS LN ., i I CAIRo,TR . .... ... :: 1 ZONE X •.. . .... �. ; o- • a 06 V`.,. 6 • t z sr NEA , 70 (EL 1023) ZONE X 3 ? c FFEC fS FROM' ZONE X T= CF'EEK X022 ��r- * LEGEND Conservation Easement 0 ZONE RED BARN MITIGATION BANK SITE PREPARED BY: 0 250 500 " ECOSYSTEM Feet FEMA FLOODPLAIN MAPPLANNING & .. RESTORATION FIGURE 9 SURRY COUNTY, NC DECEMBER 201 8 IT r s• R} R6'>. , t , fi a < k r' s y i i %FNw LEGEND STREAM RESTORATION (1: 1) �- STREAM ENHANCEMENT 1 (1.5: 1) r m' a w STREAM ENHANCEMENT II (2.5:1) • CONSERVATION EASEMENTNA 4 WETLAND CREATION (3: 1) :4 WETLAND REHABILITATION (1 .5:1)JLe 6 -.:�..v . ® EXISTING WETLANDS 0 250 500 RED BARN MITIGATION BANK SITE PREPARED ECOSYSTEM Feet ASSET MAP PLANNING & RESTORATION FIGURE 10 SURRY COUNTY, NC DECEMBER 201 8 IDEAL BUFFER LONES ACTUAL BUFFER ZONES ' - 0-15 15-20 20-25 25-30 roe. 30-50 50-75 75-100 100-125 125-150 y w 0 250 500 RED BARN MITIGATION BANK SITE PREPARED ECOSYSTEM Feet RIPARIAN BUFFER ZONES ril I PLANNING & RESTORATION FIGURE 12 SURRY COUNTY, NC DECEMBER 201 8