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HomeMy WebLinkAbout20180180 Ver 2_BPDP - DWR Comments_20190308ID# * 20180180 Version* 2 Select Reviewer:* Mac Haupt Initial Review 02/11/2019 Completed Date Mitigation Project Submittal - 211112019 Is this a Prospectus, Technical Proposal or a New Site Type of Mitigation Project.-* W Stream W Wetlands ✓-J Buffer P Nutrient Offset (Select all that apply) Project Contact Information Contact Name:' Email Address: * Cara Conder cars@waterlandsolutions.com Project Information Existing 20180180 Existing 2 (DWR) (nurrters only.. -no dash) Version: (nuTbers only) I D#: * Project Name: Hollowell Project Type:* (' DMS r Mitigation Bank County: Wayne Document Information M itigation Document Type: Mitigation Plan File Upload: Hallowell BPDP Draft.pdf 23-82MB Rease upload only one PCF of the corrplete fRe that needs to he sLbrritted... Signature Print Name:* Cara Conder Signature: Hollowell Bank Parcel Development Plan Riparian Buffer & Nutrient Mitigation Bank DWR 42018-0180v2 Wayne County, North Carolina Neuse River Basin (HUC 03020201) February 2019 Prepared by: WATER & LAND SOLUTIONS 7721 SIX FORKS ROAD SUITE 130, RALEIGH, NC 27615 (919) 614 - 5111 I waterlandsolutions.com Hollowell Bank Parcel Development Plan Table of Contents 1 Introduction...............................................................................................................................................4 1.1 Project Location............................................................................................................................4 1.2 ProjectDescription .......................................................................... ........ ...... ...... 4 2 Project Area - Existing Conditions..............................................................................................................5 2.1 Reach Descriptions........................................................................................................................5 2.2 Existing Wetlands-- ...................................................................................................... ........... - 6 2.3 Soi Is............................................................................................................................................... 6 2.4 Existing Vegetative Communities ................ ................ 7 2.5 Threatened and Endangered Species...........................................................................................7 2.6 Cultural Resources........................................................................................................................7 2.7 Constraints... ....... ............... ........ I I ....... I ....... I ... ................... I ... —, .... .......... 11 ... ... I ... —, ........ 8 2.8 FEMA Floodplain / Floodway Mapping.........................................................................................8 3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan.....................................................................8 3.1 Parcel Preparation........................................................................................................................8 3.2 Riparian Restoration.......................................................................... ...........9 3.3 Riparian Preservation... ... .............. ........... ...... ........ ..... .......9 3.4 Planting........................................................................................................... ....10 ........................ 4 Monitoring and Maintenance Plan ...... ................................. ................................................................... 10 4.1 Monitoring Protocol....................................................................................................................10 4.2 Adaptive Management Plan.......................................................................................................11 4.3 Conservation Easement ...................................... ...11 ..................................................................... 5 Credit Release Schedule...........................................................................................................................11 6 Financial Assurance..................................................................................................................................12 7 Mitigation Potential ............... ................ ................ ................ .................... ............ ................ ............ .... ..13 8 Citations ....... ....... ..... ........... ................................ ................................ ................................ ..................... 14 Page 2 4 Hollowell Hank Parcel Development Plan Figures Figure1...............................................................................................................................Service Area Map Figure2.........................................................................................................................Project Location Map Figure3.................................................................................................................................. NRCS Soils Map Figure 4 .................................................. ................ ............................................................ .... Floodplain Map Figure5.............................................................................................................................Existing Conditions Figure 6................................................................................Proposed Buffer and Nutrient Restoration Plan Figure 7.............................................................................Stream and Wetland Mitigation Conceptual Plan Figures Sa and b................................................................................................... Proposed Monitoring Map Appendices Appendix A............................................................................................... ❑WR Determinations and Viability Appendix8..................................................................................................... ... Photo Log Appendix C..................................................................................................... Model Conservation Easement Page 3 4 Hollowell Bank Parcel Development Plan 1 Introduction The Hollowell Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Hollowell Nutrient Offset and Buffer Mitigation Banking Instrument {MBI}, made and entered into by Water and Land Solutions, LLC (WLS), acting as Bank Sponsor ("Sponsor"), and the North Carolina Department of Environmental Quality ("NCDE(X'), Division of Water Resources ("DWR"). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B .024, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, which became effective on November 1, 2015. The Bank Parcel Development Pian ("BPDP") will be designed in concurrence with the WL5 Neuse 01 Umbrella Mitigation Bank, Hallowell Mitigation Site (SAW #2017-00159). The mitigation plan for the Hollowell Mitigation Site has not been submitted to the Interagency Review Team, but a prospectus has been approved. This Parcel is proposed to provide riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development in the Neuse River Basin, United States Geologic Survey (USGS) 8 -digit Hydrologic Unit Code (HUC) 03020201, excluding the Falls Lake watershed. Nutrient offset credits may be used for stormwater requirements for new and existing development requiring nutrient offsets. The Parcel service area is depicted in Figure 1. 1.1 Project Location The Parcel (35.35814 N, 78.11542 W) is located in Wayne County, North Carolina, approximately seven miles southwest of the Town of Goldsboro (Figure 2). The site boundary is within the 8 -digit HUC 03020201, in the NCDEQ sub -basin 03-04-02 (Warm Water Thermal Regime). To access the site from Raleigh, NC, take Exit 309 from 1-40 for US Highway 70 East and continue for approximately 17 miles. Keep left for U5 70 Bypass East and continue approximately four miles and turn right onto Creechs Mill Road. Continue on Creechs Mill Road for approximately three miles and turn left onto Brogden Road and continue approximately eight miles. Continue onto Old Smithfield Road approximately one mile and turn right onto Lassiter Road. Continue on Lassiter Road approximately two miles and turn right onto Ferry Bridge Road. Continue on Ferry Bridge Road for approximately two miles and turn left onto Stevens Mill Road. Continue on Stevens Mill Road approximately two miles and arrive at the site entrance on the left. 1.2 Project Description The Parcel encompasses land along unnamed tributaries to the Neuse River in Wayne County, NC, and is in row crop agricultural and silvicultural land use- Historically, the project stream reaches have been extensively ditched to promote rapid drainage from the adjacentfarm fields. This disturbance has resulted in stream channel incision and a permanent disconnection from the streams' relic ffoodplain. Most of the project stream reaches have been completely or partially cleared with some areas of forested or successional riparian buffer. Currently, the project reaches act as significant sources of nutrient contamination to the project watershed and the Neuse River. The project will involve the restoration and preservation of Neuse buffers in order to help reduce non - point source discharge of contaminants into streams and agricultural ditch channels within the Neuse River basin. The project area is comprised of two separate easement locations and is approximately 69.92 acres, which includes the stream and wetland mitigation areas. The western easement area consists of Page 4 4 Hollowell Bank Parcel Development Plan UT1-131 and UT1-132 which drain directly to the Neuse River. The eastern easement area consists of UT2- R1, UT2-R2, UT2-R3, which drain directly to the Neuse River; and UT2A and UT2B, which drain to the mainstem UT2. The Neuse River is listed as a 'Class C' nutrient sensitive water (C; NSW), according to the North Carolina Division of Water Resources (NCDWR) (2018). Out of the 69.92 acres, 17.65 acres will be restored for Neuse buffer credit, 29.66 acres will be restored for nutrient offset restoration credit, and 5.50 acres will be buffer preservation. There will be 2.31 acres of non -credited buffer preservation in the easement area. In general, Neuse buffer widths will extend 50 feet and nutrient offset restoration area widths will extend 200 feet from the top of the channel bank. The buffer preservation credit is classified as alternative mitigation under Ruie .0295 (o) and is discussed in Section 3.3. The DWR performed an onsite Site Viability for Suffer Mitigation and Nutrient Offset on January 11, 2019 (letter dated February 5, 2019) for the Parcel (Appendix A). 2 Project Area - Existing Conditions 2.1 Reach Descriptions UT1-111 originates as a small headwater stream and wetland complex at the top of the catchment. The perennial stream reach has a drainage area of 184 acres. Due to historic land use activities (silviculture), it is likely the stream was straightened and manipulated as it flows through the existing agricultural fields. The riparian buffer and habitat features along this reach segment have been degraded through the removal of native buffer vegetation and draining manipulation activities to implement silviculture practices. Ditch I (D1) drains directly to UT1-R1 and has a drainage area of 29 acres. UT1-R2 continues flowing towards the Neuse River. UTI -R2 has a drainage area of 260 acres. Because of historic land use activities (row crop agriculture), the stream has been straightened and deepened, thereby draining any associated wetlands. There is also a series of small lateral ditches that connect to the primary flow path. UT1-R2 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths, UT2-R1 originates at a hillslope seep within a relatively undeveloped drainage area. The drainage area Is approximately 45 acres. The headwater stream is currently a high functioning, multi -thread channel with associated riparian wetlands before flowing into the adjacent field area. As the tributary flows to its confluence with UT2A, the channel has been relocated against the edge of the field and straightened to maintain oversized ditch characteristics. UT2C is an intermittent tributary that flows into UT2-111. As UT2-R2 transitions from the wooded area of UT2-R1 to downstream below the road crossing, the stream remains channelized with no riparian buffer vegetation. The perennial tributary has a drainage area of 252 acres. UT2-R2 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths. Ditch 2 (DZ) drains directly to UT2-R2 and has a drainage area of 22 acres. UT2-R3 continues flowing to the north towards the Neuse River. UT2-R3 has a drainage area of 512 acres. The stream and associated wetlands in this area have been manipulated in the past (culvert crossing and row crop agriculture), however the current stream conditions are mostly stable throughout the entire reach length. In addition, preliminary investigations identified significant mussel (Elliptio sp.) communities Page 5 4 Hollowell Bank Parcel Development Plan along the wooded portion of UT2-R3. The presence of the mussels offers a unique opportunity for long- term protection of these critical aquatic habitats. UT2-R3 is actively subject to water quality stressors, mainly in the form of nutrient inputs and marginal riparian buffer widths. UT2A is a small headwater tributary that flows east towards the culvert crossing and UT2-R2. Within the Parcel, the stream has been straightened and deepened, thereby draining any associated wetlands. The reach is oversized and exhibits little to no habitat value. The drainage area is 59 acres. UT2-112 is actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths. UT26 is a perennial tributary that flows to the mainstem along UT2-R2. The valley is moderately to well - defined in this area, and the reach is mostly stable and exhibits minimal bank erosion. The channel appears to be within its natural valley, and the existing buffer is vegetated. 2.2 Existing Wetlands Preliminary site investigations determined that degraded jurisdictional wetlands are present throughout the headwater stream valleys. After on-site streams were ditched, straightened and/or deepened, groundwater elevations were altered such that many of the historic riparian wetlands along the relic floodplain were drained and lost. These areas have been utilized for agricultural use over the past 60 years and have lost the majority of their historic wetland function. Areas within the site that were not timbered or where stream sections were not severely modified maintain the presence of jurisdictional wetlands. 2.3 Soils The Parcel is located in the Inner Coastal Plain Physiographic Region. The project area is located along the Neuse River which represents a transitional zone or fall line between the eastern Piedmont and Inner Coastal Plain. As shown on the NRCS Soils Map (Figure 3), there are seven main soil types an the Parcel: Bibb sandy Ioam, Lumbee sandy loam, Pantego loam, Weston loamy sand, KenansviIle loamy sand, Norfolk loam, and Torhunta loam. The Parcel soils are commonly defined by a sandy loam surface layer, predominantly sandy and loamy subsoil alluvium with loamy silty marine deposits. Table 1. Project Soil Types Map Unit Soil Name Hydrologic Soil Drainage Location Symbol Bb Bibb sandy loam, 0-2% Group A/D Class Poorly Eastern area of UT2-R2, UT2-R3, slopes and UT26 Lv Lumbee sandy loam, 0- B/D Poorly Southern area of UTI -R1 and UT1- 2% slopes R2 Po Pantego loam, 0-196 BSD Very poorly Northern area of UTI -R2 slopes We Weston loamy sand, 0- A/D Poorly UT2-R1 and UTZA 2% slopes Ke Kenansville loamy sand, A Well Middle of western easement area 0-3% slopes NaB Norfolk loam, 2-5% A Well Western area of UT2-R3 and UT2-B; slopes northern area of UTI -R2 To Torhunta loam, 0-2°,6 ASD Very poorly Far eastern area of eastern slopes easement Page 6 4 Hollowell Bank Parcel Development Plan 2.4 Existing Vegetative Communities Row Crop Areas The majority of the Parcel is in row crop production as soybean and corn (right bank of UT1-R1, UT1-R2, UT2-R2, UT2A, and left bank of UT2-113). There is some fringe growth of immature native vegetation on UT1-R2. These areas are being proposed for riparian restoration to generate buffer and nutrient offset credits. Forested Areas UT1-R1 originates in a regenerated forest area consisting of red maple (Acer rubrum), sweetgum (Liquidambarstyrociflua), and loblolly pine (Pinus toeda). Downstream, there is a ditch that drains directly to this reach that has a fringe buffer of red maple, sweetgum, and Chinese privet (Ligustrum sinense). The left bank of this reach is forested, and the right bank is in crop production. The downstream portion of UT1-132 drains directly to the Neuse River and consists of bald cypress (Taxodium distichum) and swamp tupelo (Nyssa biflora) on the right bank. UT2-R1 originates in a bottomland hardwood forest consisting of water oak (Quercus nigra), swamp chestnut oak (Quercus michouxii), sweetgum, red maple, and American Holly (flex opaco) in the understory. UT2B and the right bank of UT2-R3 is entirely forested and is a bottomland hardwood forest with similar canopy species as UT2-R1. The left bank has varying levels of forested buffer. The surrounding land has been periodically logged, and many tree species located in surrounding riparian areas are now mid successional. The species in these areas are not necessarily indicative of what would have been on site before human disturbance. Invasive species There are currently no Substantial communities of invasive plant species within the proposed project boundaries. There is Chinese Privet on the fringe buffer of the ditch in the floodplain of UT1-R1; however, there is also regrowth of native species and spot treatment will occur in this area. 2.5 Threatened and Endangered Species Based on a review of the US Fish and Wildlife Service (USFWS) database, there is currently one federally - listed threatened and endangered species known to occur in Wayne County: red -cockaded woodpecker (Picoides borealis). Project implementation is not anticipated to have a negative impact on this species. 2.6 Cultural Resources In accordance with the National Historic Preservation Act, WLS investigated and confirmed that the proposed project area and property do not contain nor are adjacent to any properties listed by the National Register of Historic Places or the North Carolina State Historic Preservation Office (NCSHPO), There are no properties currently on the National Register of Historic Places within ane mile of the Parcel, and the nearest site is the Stevens Mill, which is approximately one mile from the project area. On-site investigations and discussions with the landowners have not disclosed any potential resources or occurrences of this type on the property. Page 7 4 Hollowell Bank Parcel Development Plan 2.7 Constraints There are no existing easements on the Parcel. There is an existing private overhead electric utility corridor that runs east to west across the site. A narrow break has been included perpendicularly across the conservation easement boundary along the limits of the described existing utility corridor. Any easement breaks will permanently exclude the existing easement corridors from the conservation easement boundary, Also, there is an existing culverted road crossing at UT2-R2 and UTI-RZ. The culvert sizes and locations may remain, and therefore will be excluded from the conservation easement boundary. 2.8 FEMA floodplain / Floodway Mapping The downstream portions of UT1 and UT2 are located within a FEMA regulated floodplain (Zone 'AE') (Figure 4). While it is not anticipated that there will be issues associated with FEMA permitting or documentation, WL5 will coordinate with the local floodplain administrator as needed and prepare the required documentation to obtain approval for any FEMA regulated impacts. In addition, the project will be designed so that any increase in flooding will be contained within the project boundary and will not impact adjacent landowners; therefore, hydrologic trespass will not be a concern. 3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan Riparian restoration and preservation adjacent to streams was approved by the DWR in their letter dated February 5, 2019 (Attachment A). This site is also being proposed as a stream and wetland mitigation bank, and restoration of riparian areas will be accomplished through the goals and methods outlined by the WLS Neuse 01 Umbrella Mitigation Banking Instrument, Hollowell Mitigation Plan (SAW -2017-00159) and the Hallowell Riparian Buffer Nutrient Offset Mitigation Banking Instrument. All riparian restoration and preservation buffer mitigation activities along channels will begin from the tops of the banks and extend a maximum of 200 feet perpendicular to the stream channel where possible pursuant to ISA NCAC 028.0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Riparian restoration adjacent to the ditch will begin from the top of the ditch bank and extend outward 200 feet. All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the As -Built Report, including Section 401, Section 404 and Sediment and Erosion Control permits. The restoration of the Parcel will require converting existing agriculture land use practices within riparian areas adjacent to streams and ditches into a dense and diverse vegetated riparian forest. The riparian areas will be replanted with appropriate native tree species. The restoration of the riparian buffer will provide stabilization and improve water quality to tributaries that drain directly to the Neuse River. 3.1 Parcel Preparation The current land uses adjacent to the streams and ditch proposed for riparian restoration are primarily non -forested croplands (Figure 5). The forested fringe buffers are proposed for riparian buffer preservation. The riparian restoration areas will require limited site preparation in addition to the stream and wetland construction; however, it will include select herbicide treatments or select mechanical Page 8 4 Hollowell Bank Parcel Development Plan clearing to remove undesirable underbrush or invasive species as needed. Diffuse flow will be maintained in the buffers. The Sponsor might utilize mechanical equipment periodically in the first few years after planting to enhance vegetative growth. Mowing will not take place within the first 50 feet (Zone A) of restored buffer after planting unless absolutely necessary. Additionally, selective applications of a pre -emergent herbicide will be used to control weedy competition. 3.2 Riparian Restoration A riparian headwater valley restoration approach is proposed for UTI -R1, UT2-112, and UT2A. Headwater stream restoration activities will include excavating a broader floodplain at or slightly above the existing bed elevation and will seek to restore groundwater hydrology and connection of surface flows. The restoration of UT1-R1 will end near the field edge as the valley turns to the northeast towards the Neuse River. At this location, the channel will gradually transition into a single thread channel and the ditch that flows offsite will be plugged up to the property line. UTI -R2 and UT2-R3 will involve restoration by constructing a single thread meandering channel across the geomorphic floodplain, increasing the width/depth ratio, and raising the streambed (Rosgen Priority Level 1). Both ditches (D1 and D2) are viable for buffer and nutrient offset credits per 15A NCAC 0295 (o)(8), Figure 5 depicts the nutrient and buffer restoration plan based on existing top of bank conditions. Figure 7 depicts the stream and wetland conceptual plan. The nutrient and/or buffer credits that are located adjacent to coastal headwater valley restoration will be based on the centerline of the channel in the As -Built Report. The revegetation plan for the entire riparian restoration area will include permanent seeding, planting bare root trees, live stakes, and controlling invasive species growth. The riparian restoration efforts along the project streams will be adjacent to reconstructed stream banks and will extend from a minimum of 50 feet to a maximum of 200 feet from top of bank. The riparian restoration efforts along the project ditch will extend to 200 feet from the top of bank. The riparian restoration activities will occur with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the implementation of the Hollowell Stream and Wetiand Mitigation Bank. The riparian restoration areas will be surveyed and information provided in the As -Built report and As -Built Survey. The As -Built report will also include any deviations that were made to the approved BPDP. 3.3 Riparian Preservation Riparian buffer preservation will include permanently protecting existing forested riparian areas with a conservation easement. This will include sections of UT1-131 (not for credit), the upstream area of UT2-RI (not for credit), approximately 50-75 feet of the left bank of UT2-R3, and UT2B. No more than 25 percent of the total area of buffer mitigation will be used for preservation credit pursuant to 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4), and preservation buffer areas in excess will be protected in the conservation easement and not applied for credit. Approximately 2.31 acres of buffer preservation are protected on UT1-R1 and UTI -132, but are not being credited. Buffer preservation can only generate buffer mitigation credit and is not transferrable into nutrient offset credits. Page 9 4 Hollowell Bank Parcel Development Plan 3.4 Planting The specific species composition to be planted was selected based on the community type, observation of occurrence of species in riparian buffers adjacent to the Parcel, and best professional judgement on species establishment and anticipated Site conditions in the early years following project implementation. Trees will be planted at a density sufficient to meet the performance standards outlined in Rule 15A NCAC 02B 0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50 percent of the established stems. An appropriate riparian seed mix will also be applied to provide temporary ground cover for sail stabilization and reduction of sediment loss during rain events in areas disturbed by stream and wetland construction, as necessary. This will be followed by an appropriate permanent seed mixture. Planting is scheduled for Winter 2020 and the list of species proposed are shown in Table 2; however, the actual planting list will be provided in the As -Built report. Table 1. Tree Planting Zest River birch Betula nigra Green ash Froxinus pennsylvanico American Sycamore Platanus occidentalis Tulip poplar Uriodendron tulipifera Swamp tupelo Nysso biflora WHlow oak Quercus phellos Water oak Quercus nigra 4 Monitoring and Maintenance Plan 4.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration and/or nutrient offset areas to measure the survival of the planted trees. Riparian buffer vegetation monitoring will be based on the Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Retarding Vegetation: Level 1-2 Plot Sampling Only Version 4.2. Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted during the fall season with the first year occurring at least five months from initial planting. Thirty-nine vegetation monitoring plots will be installed, and will be 100 meters squared in size, and will cover at least two percent of the 47.31 acres of riparian restoration area. Plots will be randomly placed throughout the planted riparian areas. The approximate location of the plots is shown on Figures Ba and b. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. Some, but not all, of the vegetation plots will be monitored for both the buffer/ nutrient bank and the stream/wetland hank. Page 10 4 Hollowell Bank Parcel Development Plan Planting is scheduled for winter 2020. The first annual monitoring activities will commence at the end of the first growing seasons, at least five months after planting has Been completed and no earlier than the fall season. The following data will be recorded for all trees in the plots: species, common name, height, planting date (or volunteer), and grid location. The total number of volunteer woody stems will also be documented and reported. The measures of vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 250 planted trees per acre at the end of Year 5. Appropriate native volunteer stems of native hardwood tree species may be included to meet the performance standards upon DWR approval. Visual inspections and photos will be taken to ensure that preservation areas are being maintained and compliant. The Sponsor shall submit the annual monitoring report to DWR by December 31st of each year for five consecutive years and will follow the terms and conditions of the MBI. 4.2 Adaptive Management Plan In the event the site or a specific component of the site fails to achieve the necessary performance standards as specified in the approved BPDP, the Sponsor shall notify and coordinate with NCDWR to develop a remedial action plan. The remedial action plan should describe the source or reason for the failure, a concise description of the corrective measures that are proposed, and a time frame for the implementation of the corrective measures. 4.3 Conservation Easement Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree blazing, or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation site and will include the name of the long-term steward and a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/ or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities, and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to NC DWR. The Conservation Easement will be assigned to an approved land trust. All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of WL5 until the Parcel is transferred to the land trust. 5 Credit Release Schedule Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the mitigation credits associated with the Parcel will be released as described in Table 3. Page 11 4 Hollowell Bank Parcel Development Plan Table 3. Credit Release Schedule Instrument and BPDP Approved by DWR, Conservation Easement 20 Recorded and Financial Assurance Posted Mitigation Site Earthwork, Planting and;nstaliation of Monitoring 20 Devices Completed Monitoring Financial Assurance Posted and Approval of As -Built 10 Report Monitoring Report #1 Approved by the DWR* and financial assurance renewed 10 Monitoring Report #2 Approved by the DWR* and financial assurance renewed 10 Monitoring Report #3 Approved by the DWR* and financial assurance renewed 10 Item B (1) of Section X in this Instrument has been completed and approved by DWR. 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship Monitoring Report #4 Approved by the DWR* and financial assurance renewed 5 Monitoring Report #5 Approved by the DWR* and final site visit by DWR has been conducted 10 Total 100 * DWR approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP 6 Financial Assurance Fallowing approval of the Hollowell BPDP, the Sponsor will provide financial assurances in the form of a Performance Bond from a surety that is rated no less than "A-" as rated by A. M. Best. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. The initial performance bond will be for 100 percent of the implementation costs, but not less than $150,000. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. After completion of the construction and monitoring devices a monitoring bond in the amount of $100,000 will be secured to implement the monitoring and maintenance of the riparian restoration areas for a minimum of five years. Upon DWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. Page 12 6) Hollowell Bank Parcel Development Plan 7 Mitigation Potential Approximately 69.92 acres will be protected with a permanent conservation easement, which includes the Hollowell Mitigation Bank. The Bank has the potential to generate approximately 17.65 acres (768,834 ft') of riparian buffer restoration credits, 29.66 acres (67,417.77 lbs. Nitrogen) of nutrient offset credits, and approximately 5.50 acres [26,528 ft'] of riparian buffer preservation credits. The Sponsor may use the 17.65 acres of riparian buffer restoration mentioned above for either riparian buffer credit or nutrient offset credit, but not both. The remaining acres within the Conservation Easement, will be used for wetland and stream mitigation pursuant to the Hollowell Mitigation Bank. The Sponsor must request and receive approval from DWR prior to any credit conversions and transfers to the credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. The Sponsor will maintain three credit ledgers: one for buffer restoration credits, one for buffer preservation credits, and one for Nitrogen nutrient offset credits. The total potential nutrient offset mitigation credits and riparian buffer that the Parcel will generate is summarized in Table 4. r ogre 4- Yroposea mir►gar►on creoirs Riparian Buffer Credits Riparian Total Credit Per Credit %Full Features Mitigation Type Mitigation Credits (sq. ft.) Widths Acreage Acre (ftp) Ratio Credit UTI -R1, UTI -R2, bitch 1, UT2-112, 0-50, Restoration ti.23 43,560 1:1 1 489,179 f t2 (11.23 ac) UT2A, ditch 2, UT2B 51 100 UT1-R2, UT2-R2, Restoration 5.42 43,564 1:1 I 279,655ft2 (6.42 ac) UT2-R3 0 50' UT2-R1, UT2-R3, Preservation 4.05 43,564 10:1 1 17,642ft2 (0.41 ac) UT2B Subject Streams 51-100' UT2-R3 preservation 486 43,564 10:1 1 3,746 f t2 (0 . 09 ac) Subject Streams 0-1001 UT2C Preservation Non 0.59 43,560 5:1 1 5,140ft' (0.12 ac) Subject Streams Total Restoration Credits 17.65 768,834 W (17.65 ac) 26,528 ft' (0.61 ac) Total Preservation Credits 5.50 includes raties & reductions Buffer Preservation Non -Credited 2.31 UTI -RI & UT1-R2 has protected, but uncredited areas Nutrient Offset Credits Widths Features Mitigation Type Total Credit Per Credit Mitigation Credits (Il,$) Acreage Acre (lbs) Ratio UTI -81, Ditch 1, 101-200' UTI -112, UT2 R2, Restoration 29.66 2,273.02 N/A 67,417.77 UT2-R3, UT2A, ❑itch 2 TOTAL 29.66 67,417.77 Page 13 4 Hollowell Bank Parcel Development Plan 8 Citations Lee, T. L, Peet, R. K., Roberts, S. D., and Wentworth, T. R. 2005. CVS-EEP Protocol for Recording Vegetation, Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocoiv4.2- ievl-2.pdf. NC Environmental Management Commission. 2014. Rule 1SA NCAC 026.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. United States Department of Interior, Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North Carolina (County Listing). Wayne County. 2017. USDA, Soil Conservation Service,1974. Soil Survey of Wayne County. Page 14 4 Legend Hollowell Mitigation Project Neuse: 03020201 T I P mil Cary .;' Ralei0h. pex Gar n C H�y Springs Fuquo L WaN Wake Forest n 54• Ion Knigh ale Wendell .:231 X'{' _ Clayton 22 Ken Smit d -r. Fou aka i � �t Dlirre 'ke 0 2.5 5 10 15 Sources- Esri, HERE, DOme, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri Chinas(.Hong Kong), Esri Korea, Esri (Thailand), Miles Mapmylndia, NGCC, © OpenStreetMap contributors, and the GIS User I Community Q FIGURE WATER & LAND'" Hollowell Service Area SOLUTIONS Mitigation Project Map NAD 1983 2011 State Plane North Carolina RPS 3200 FT US Legend Project Location Mayne Co. Hydrography HUG -12 NC Counties Q HUG -8 (Neuse) 0 Site Limits 0 Wayne County o NC Cities Smithfield 6 Johnston County MIN NO 11=41 Wayne County, 0 50 10o a3 5�7 v Miles Miles �a Project is located in a �SetSti,"as HUC-8: 03020201 m N Upper Neuse Subbasin G Q bm F q� I J f{ u Li Location: 35.354771' -78.128593° a d � V L'� v v 0 m Location: 35.354143° -78.115899' N n- 4 sources: Esri,'iHERE, DeLormcr I SG �I7itermap, INCREMENT P, Ni an, r� �"r �sri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri {Thailan 0 0.5 1 MapmyIndiaStreetMap contributors, nd the„GIS U ;r• Miles Community - FIGURE WATER & LAND” Hallowell Project Location SOLUTIONS Mitigation Site Map NAD 1983 2011 State Plane 2 North Carolina FIPs 3200 FT US iJT1 R1 VUV V V. CG wal 0 500 1,000 A '� r ti_. ' ES/Airbus rbcs OS, Feet�:;r,i t- Ir.,;s;rte "': r e' _ ::��.�, <<r•�raptJCS,' �1 I `DR LJG'-. lr_:r:, ,Ir. �:.`� li.:;.,r :�]iiri2iril•. WATER & LAND' F}�u�E Hollowell NRCS Sails SOLUTIONS Mitigation Project Map NAD 7983 2017 State Plane 3 North Carolina FIPS 3200 FT US Legend 0 Conservation Easement 1� —Existing Streams 2ft Contours Major Minor FEMA Ffoodxone AE 0-2 PCT ANNUAL CHANCE FLOOD HAZARD +ter' / I �" I UT2-R3 $� cn 12 / 116 , r' f_ / L �_ y� `bo f� 106 F 7¢ '. w 117r UT2B r 76 �ry o hti{� � rn UT1-R2 � � r `[a � � /f �o� � j UT2-R2 9� uTZA $6 � • � roti ��a � �6 � � �. C, 71p UT2-R1 N UT1-R1*��J,.• r�2 48� ,�0 500 1000 �1i Feet �� :: � er•�.Rf�, I.�N?,an-•the • 1�5 L1�er,C mmnit � , WATER & LAND" Hallowell Floodplain 4 FIGURE SOLUTIONS Mitigation Project Map NAD 1983 2077 State Plane North Carolina FIPS 3200 FT US Legend Conservation Easement Stream Mitigation Type — Restoration Enhancement II —Preservation Wetland Mitigation Type 7 Restoration Enhancement 2Z Preservation UT1-R2 UT1-R1 UT2-R3 _ UT26 J UT2-R2 UT2A _ UT2-R1 0 500 1,000 " Feet er• RI©, I N, an• t �I•= er iu FIG redit p nr WATER &LAND Hallowell 5treamlWetland CURE SOLUTIONS Mitigation Project Determination M 17 NAD 1983 2077 State Plane North Carolina FIPS 3200 FT US 0 UT1-R2 500 1,000 Feet QWATER &LAND` SOLUTIONS Hollowell Mitigation Project Legend Conservation Easement — Stream — Project Ditches Conservation Easement Wetland Mitigation Type D Vegetation Plots Non -Subject Stream Buffer Preservation (0.59 acres) 0-50ft Buffer Preservation (4.05 acres) 0-50ft Buffer Preservation Non -Credit (2.31 acres) 0-50ft Buffer Restoration (11.23 acres) 51-100ft Buffer Preservation (0.86 acres) 51-100ft Buffer Restoration (6.42 acres) Nutrients (29.66 acres) And& '001, D1 . UT1-R1 r D �r iin FIGURE Monitoring Map NAD 7983 2077 State Plane Ila North Carolina FIPS 3200 FT LIS Attachment A — DWR Determinations and Viability Attachment B — Photo Log r � T -IL � x.r l � ' 14] �i��.- .� �_ .-��{�'"•Yeti. - Attachment C — Model Conservation Easement