Loading...
HomeMy WebLinkAbout20190846 Ver 1_Draft Prospectus (12 June 2019)_20190619Neu -Con Stream and Wetland Umbrella Mitigation Bank Cairo Mitigation Project Instrument Modification Neuse River Basin HUC 03020201 Prepared by: Resource Environmental Solutions, LLC fires Bank Sponsor: Environmental Banc & Exchange — Neuse I, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-209-1052 June 2019 Table of Contents 1 INTRODUCTION.....................................................................................................................1 1.1 Project Description........................................................................................................................1 1.2 Project Location............................................................................................................................1 1.3 Service Area..................................................................................................................................1 1.4 Identified Watershed Needs.......................................................................................................... 2 1.5 Purpose and Objectives................................................................................................................. 2 1.6 Technical Feasibility..................................................................................................................... 3 1.7 Site Ownership.............................................................................................................................. 3 2 QUALIFICATIONS..................................................................................................................3 2.1 Bank Sponsor................................................................................................................................3 2.2 Bank Sponsor Qualifications........................................................................................................ 3 3 EXISTING CONDITIONS........................................................................................................4 3.1 Existing Jurisdictional Waters of the US...................................................................................... 4 3.2 Existing Reach Conditions............................................................................................................ 5 3.3 Physiography and Soils................................................................................................................. 7 3.4 Endangered/Threatened Species................................................................................................... 8 3.5 Vegetation.....................................................................................................................................1 3.6 Cultural Resources........................................................................................................................1 3.7 Constraints....................................................................................................................................1 4 PROPOSED BANK CONDITIONS..........................................................................................2 4.1 Conceptual Mitigation Plan.......................................................................................................... 2 4.2 Stream Restoration, Enhancement, and Preservation................................................................... 3 4.3 Wetland Preservation and Enhancement....................................................................................... 5 5 MONITORING.........................................................................................................................5 5.1 Reference Ecosystems................................................................................................................... 5 5.2 As -Built Survey............................................................................................................................ 5 5.3 Visual Monitoring......................................................................................................................... 5 5.4 Cross Sections............................................................................................................................... 6 5.5 Vegetative Success Criteria.......................................................................................................... 6 5.6 Adaptive Management.................................................................................................................. 6 6 BANK ESTABLISHMENT AND OPERATION.......................................................................7 6.1 Establishment and Operation of the Bank..................................................................................... 7 6.2 Proposed Credit Release Schedule................................................................................................ 7 6.2.1 Initial Allocation of Released Credits..................................................................................... 7 6.2.2 Subsequent Credit Releases.................................................................................................. 7 6.3 Financial Assurances.................................................................................................................... 9 6.4 Proposed Ownership and Long -Term Management..................................................................... 9 6.5 Assurance of Water Rights........................................................................................................... 9 Neu -Con Umbrella Instrument Modification Mitigation Bank i June 2019 List of Figures Figure 1. Project Vicinity Map Figure 2. Project Parcel Map Figure 3. USGS Topographic Map Figure 4. Existing Conditions Map Figure 5. Project Constraints Map Figure 6. Historical Aerial Photography Figure 7. Soils Map Figure 8. FEMA Map Figure 9. Conceptual Plan Figure 10. LiDAR Map Appendices Appendix A — NC DWR Stream Determination Appendix B — Landowner Authorization Forms Appendix C — Photo Log Neu -Con Umbrella Instrument Modification Mitigation Bank ii June 2019 1 INTRODUCTION Environmental Banc & Exchange -Neuse I, LLC (EBX-Neuse 1), a wholly-owned subsidiary of Resource Environmental Solutions (RES), is pleased to propose the Cairo Mitigation Project (the Project) for inclusion in the Neu -Con Umbrella Mitigation Bank. The Project, Cairo Mitigation Project, has been identified as having potential to help meet the compensatory mitigation requirements for stream and wetland impacts in hydrologic unit 03020201 o f the Neuse River Basin. This mitigation plan will be prepared in accordance with the Neu -Con Umbrella Mitigation Bank made and entered into by EBX-Neuse I, LLC and the United States Army Corps of Engineers (USAGE). In addition to the stream restoration and wetland preservation, the Project is proposing to provide nutrient offset mitigation and riparian buffer mitigation through the NC Division of Water Resources (NC DWR) Neuse Riparian Buffer Mitigation program. 1.1 Project Description The Project is located in Wake County, approximately four miles northeast of Fuquay-Varina, NC within the Middle Creek Targeted Local Watershed (TLW-03020201120010) (Figure 1). The Project consists of three parcels totaling 47.03 acres of conservation easement (Figure 2). The Project has a total drainage area of 4,230 acres (Figure 3) and is located within a semi urban area, and land use within the project area is currently comprised primarily of agricultural and forested land uses (Figure 4). The Project presents the opportunity to implement a unique mitigation opportunity: To coexist a stream and wetland mitigation site with an urban development project. The Project will provide critical ecological uplift to aquatic and riparian corridors that would otherwise be even further degraded by the construction and establishment of a housing development. The Project will involve the restoration of five unnamed tributaries to Terrible Creek (Reach UT1, UT2, UT3, UT4, and UT5) and the preservation of a section of Terrible Creek and the surrounding wetlands. All of these tributaries drain north to south into Terrible Creek, except UT5, which is a tributary to UT4. Terrible Creek has a wide riparian wetland buffer that will be preserved and enhanced through this project. The conceptual design presents the opportunity to provide up to 4,298.200 stream mitigation units (SMU), and 5.03 Wetland Mitigation Units (WMU). 1.2 Project Location To access the Project from the town of Fuquay-Varina, travel east approximately 2.5 miles on NC -401. Turn left on Wilbur Jones Road, which becomes Johnson Pond Road after following a sharp right curve and continue for another 1.7 miles to the northern end of the project. The latitude and longitude of the Project is 35.6179°N and -78.7532°W. 1.3 Service Area This Bank will provide mitigation credits to offset unavoidable impacts to stream resources within the Neuse River Basin (8 -digit USGS HUC 03020201). Neu -Con Umbrella Instrument Modification Mitigation Bank 1 June 2019 1.4 Identified Watershed Needs The 2010 Neuse River Basin Restoration Priorities (RBRP) (amended 2018) identified several restoration needs for the entire Neuse River Basin, as well as for HUC 03020201 (the Upper Neuse), specifically. The Neuse RBRP specifically states that buffer and stream restoration projects are critical in areas of bank instability and stormwater management projects are a priority within the Middle Creek, TLW 03020201120010. The Neuse 01 Regional Watershed Plan (RWP) states that the Upper Middle Creek subwatershed is in an area that has a recommended need for the prioritization of stream and buffer restoration, and wetland restoration for Phase I prioritization of subwatersheds. This Bank supports both the Neuse RBRP goals and the goals in the Neuse 01 RWP and presents an opportunity to restore, enhance and preserve over 8,002 linear feet of stream and 28.25 acres of wetland and will provide improvements to water quality, hydrologic function, and habitat. The Project will address stressors identified in the watershed through nutrient removal, sediment removal, runoff filtration, and improved aquatic and terrestrial habitat. 1.5 Purpose and Objectives The purpose of the proposed Project is to generate compensatory mitigation credits for inclusion in the Neu - Con Umbrella Mitigation Bank in the Upper Neuse River Basin. The project goals address stressors identified in the watershed, and include the following: • Improve water transport from watershed to channels in a non-erosive manner; • Improve water quality within the restored channel reaches and downstream watercourses by reducing sediment and nutrient loads; • Improve flood flow attenuation on site and downstream by allowing for overbank flows and connection to the active floodplain; • Improve instream habitat; • Preservation of a high quality bottomland hardwood wetland community; • Restore and enhance native riparian and wetland plant communities; and • Improve ecological processes by reducing water temperature, improving terrestrial and aquatic habitat, and restoring a native plant community. The project goals will be addressed through the following project objectives: • Design and reconstruct stream channels sized to convey bankfull flows that will maintain a stable dimension, profile, and planform based on watershed and reference reach conditions; • Add in -stream structures and bank stabilization measures to protect restored and enhanced streams; • Install habitat features such as brush toes, constructed riffles, woody materials, and pools of varying depths to restored and enhanced streams; • Reduce bank height ratios and increase entrenchment ratios to reference reach conditions; • Increase forested riparian buffers to at least 50 feet on both sides of the channel along the project reaches with a hardwood riparian plant community; • Enhancing wetlands by planting native wetland plant species and preserving high quality wetland communities; • Establish a permanent conservation easement on the Project. The proposed Project is designed to help meet these goals. The project will address stressors identified in the watershed through nutrient removal, sediment removal, runoff filtration, and improved aquatic and Neu -Con Umbrella Instrument Modification Mitigation Bank 2 June 2019 terrestrial habitat. These project goals will be achieved through stream restoration, enhancement, and preservation as well as wetland enhancement and preservation. 1.6 Technical Feasibility The technical feasibility of the Bank is assured due to RES' extensive experience with stream and wetland restoration and enhancement in North Carolina and throughout the Southeast. Examples of EBX-Neuse I's success with stream and wetland restoration and enhancement include the Neu -Con and Cape Fear 02 Umbrella Mitigation Bank Projects. 1.7 Site Ownership The land required for the construction, management, and stewardship of this mitigation project includes portions of the parcels listed in Table 1. A landowner map is also provided in Figure 2. EBX-Neuse I has obtained a legal option to develop the mitigation project and establish a permanent conservation easement on the necessary area on the subject parcels. Table 1. Cairo Landowner Information 2 QUALIFICATIONS 2.1 Bank Sponsor The Project shall be established under the terms and conditions of the Neu -Con Umbrella Mitigation Bank made and entered into by EBX-Neuse I, LLC, acting as the Bank Sponsor. Company Name: Environmental Banc & Exchange -Neuse I, LLC Company Address: 302 Jefferson Street, Suite 110, Raleigh, NC 27605 Contact Name: Brad Breslow Telephone: (919) 209-1062 Email: bbreslow@res.us 2.2 Bank Sponsor Qualifications RES is the nation's largest and most experienced dedicated ecological offset provider. RES develops and supplies ecological solutions to help public and private sector clients obtain required permits for unavoidable, project -related impacts to wetlands, streams, and habitats. RES helps clients proactively manage risk from operations in environmentally sensitive areas by providing impact analyses, streamlining permitting processes, and limiting liability and regulatory exposure. Founded in Louisiana in February of 2007, RES quickly expanded to a statewide footprint of restored wetlands and streams and continued to grow organically into Texas, Pennsylvania, West Virginia, and Ohio serving in each geography a suite of energy, power, industrial and public clients, as well as others in need of de -risked mitigation solutions for their critical development projects. Neu -Con Umbrella Instrument Modification Mitigation Bank 3 June 2019 In December of 2014, RES acquired industry pioneer Environmental Banc and Exchange (EBX), expanding RES' knowledge base and geographic and technical delivery capabilities into North Carolina, Virginia, Maryland, and South Carolina. In September of 2016, RES acquired Angler Environmental (Angler), a design -build firm specializing in wetland and stream mitigation in Virginia. In July 2016, KKR announced an investment in RES. KKR is a leading global investment firm that manages investments across multiple asset classes including private equity, energy, infrastructure, real estate, credit and hedge funds. This investment is part of KKR's Green Solutions Platform, which supports environmental initiatives at KKR portfolio companies across three areas: eco -efficiency, eco -innovation, and/or eco - solutions. Key RES milestones and achievements include: • Reductions of over 250 tons of water quality nutrients • Restoration of over 294 miles of streams • Design and construction of over 350 stormwater management facilities • Maintenance of 600 commercial, municipal and residential stormwater management facilities • Restoration, Enhancement, and Preservation of 58,024+ acres of wetlands • Permitting and development of 350 mitigation sites, completed or in process • Successful close-out of 50 mitigation sites • Delivery of 20,000 acres of custom, turnkey mitigation solutions • Rehabilitation and preservation of over 9,100 acres of endangered species habitats • Planting of over 14,000,000 trees across all operating regions • Supplying compensatory wetland and stream mitigation for over 2,840 federal and state permits. In North Carolina, RES and its affiliated companies have a long history of supplying mitigation contracts with North Carolina state agencies. With a regional office in Raleigh staffed with full-time professionals, RES has the ability to carry out existing projects, as well as secure and carry out new projects and banks in the State. The Neu -Con Umbrella Mitigation Bank (North Carolina) was one of the first approved wetland and stream banks in North Carolina. The service area of the Bank is the entire Neuse River Basin. The Bank was established in April 2001. Initial contract: 22,964 linear feet of stream mitigation units (SMU) sold to North Carolina DOT based on credits produced from 3 stream restoration sites (initiated November 2000; sold all credits in November 2000; design -initiated December 2001; construction completed on all sites Spring 2005; monitoring completed on all sites in Fall 2009). Additional sites were added starting in 2008. 3 EXISTING CONDITIONS 3.1 Existing Jurisdictional Waters of the US National Wetland Inventory (NWI) mapping depicts one wetland within the proposed project easement (PFOIA). There is one PUBHx wetland and seven PUBHh wetlands within close proximity the project area (Figure 5). There is also a L1UBHh wetland (Johnsons Pond) upstream of Terrible Creek. Detailed wetland delineation has not been performed. The Project will be delineated by RES and approved by the U.S. Army Corps of Engineers (USACE) during the decision phase of the project. The stream channels were classified Neu -Con Umbrella Instrument Modification Mitigation Bank 4 June 2019 using NC DWR methodology. Stream calls will be verified by the USACE and DWR during the decision phase of the project. The Project area includes unnamed tributaries to Terrible Creek, which eventually drains to the Neuse River. The current State classifications for Terrible Creek is Class B, Nutrient Sensitive Water. Class B waters have the same protections as Class C but also adds primary recreation. Primary recreational activities include swimming, skin diving, water skiing, and similar uses involving human body contact with water where such activities take place in an organized manner or on a frequent basis. Nutrient Sensitive Waters are supplemental classified for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation. 3.2 Existing Reach Conditions In general, all or portions of the Project streams do not function to their full potential. Current conditions demonstrate significant habitat degradation as a result of impacts from watershed development and historic agriculture, including livestock husbandry and row crop production (Figure 6). Many Project reaches are moderately to severely degraded with incised channels and eroding banks along with poor riparian buffer conditions. Alternatively, portions of Terrible Creek and its associated riparian wetland buffer corridor are in good condition, although some large areas lack sufficient, if any, trees. Some existing stream parameters are summarized in Table 2 and can be found in Figure 3 and Figure 4. Photos that show existing field conditions can be seen in Appendix C. Table 2. Cairo Project Stream Summary Reach I drology Statu Determination Stream i� S!=_ Jr Score* UTI Perennial 33 Drainage Area (acres) Reach AL ength (LF) 870 Livestock Access No 135 UT2 Perennial 33 80 1216 Yes UT3-A Perennial 35 27 260 Yes UT3-13 Perennial 35 29 231 Yes UT3-C Perennial 35 36 610 Yes UT4-A Perennial 35 47 617 Yes UT4-13 Perennial 35 57 594 Yes UT5 Intermittent 25 14 256 Yes TCI Perennial 43 4,230 3,348 Yes *Stream determination score determined by NCDWR Stream Identification Form 4.11. see Aonendix A. Neu -Con Umbrella Instrument Modification Mitigation Bank 5 June 2019 Reach UT1 Reach UTI is the furthest west reach and flows directly into Terrible Creek. This channel flows in a southerly direction across the Project beside past row crops that is being converted to neighborhood development. The top half of the reach is adjacent to active construction site on the left bank while the right bank is vegetated with disturbed hardwood trees and shrubs. The downstream half of this reach is vegetated along both banks. It is highly incised and eroded and the areas of forested buffer are highly disturbed with dense exotic invasive species. The channel measures approximately 14 feet wide and 5 feet deep, and the drainage area is approximately 135 acres. Reach UT2 Reach UT2 is in the middle of the Project, east of UTI, and flows into Terrible Creek. This channel flows in a southerly direction across the Project through forest and shrubs. The riparian buffer along both banks consist of hardwood trees and shrubs. It is highly incised and eroded and the forested buffer is highly disturbed with dense exotic invasive species. The channel measures approximately nine feet wide and five feet deep, and the drainage area is approximately 80 acres. Reach UT3-A Reach UT3-A is the reach to the east and transitions into UT3-B. This channel flows in a southerly direction across the Project through active pasture. The channel is eroded throughout due to significant cattle trampling, and there is essentially no riparian buffer. The channel measures approximately eight feet wide and three feet deep, and the drainage area is approximately 27 acres. Reach UT3-B Reach UT3-B is the middle reach of UT3 and transitions into UT3-C. This channel flows in a southerly direction through active pasture. The channel is mostly incised, banks are eroded throughout due to significant old cattle trampling, and there is little to no riparian buffer. The drainage area for the reach is approximately 29 acres. Reach UT3-C Reach UT3-C is the lowest reach of UT3 and flows directly into Terrible Creek. This portion of UT3 does not currently have a discernable bed and bank as it has fanned out into the Terrible Creek bottomland floodplain. It has some riparian buffer; however, tree density is low. The drainage area for the reach is approximately 31 acres. Reach UT4-A Reach UT4 is located in the easternmost section of the Project that flows directly into UT4-B. The stream flows in a southerly direction across the Project through open pasture and then disturbed forest. The reach is nested behind suburban housing on the left bank. The upper half of the reach is mostly incised, banks are eroded throughout due to significant cattle trampling, and there is little to no riparian buffer. The channel measures approximately six feet wide and four feet deep, and the drainage area for the reach is approximately 47 acres. Neu -Con Umbrella Instrument Modification Mitigation Bank 6 June 2019 Reach UT4-B Reach UT4-B is the downstream reach of UT4 and flows directly into Terrible Creek. This channel flows in a southerly direction through active pasture. The channel is mostly incised, banks are eroded throughout due to significant past cattle trampling, and there is little to no riparian buffer. The lower portion of UT4-B does not currently have a discernable bed and bank as it has fanned out into the Terrible Creek bottomland floodplain. The channel measures approximately four feet wide and 8 inches deep, and the drainage area is approximately 56 acres. Reach UT5 Reach UT5 flows south into UT4 through pasture. The channel is eroded throughout due to significant cattle trampling, and there is little to no riparian buffer. The channel measures approximately six to ten feet wide and five feet deep, and the drainage area is approximately 14 acres. Reach TC1 Reach TCI is Terrible Creek and flows in an easterly direction across the Project through trees, shrubs, and wetlands. The reach is a braided system with two distinct channels and other small drainages and oxbows. The riparian buffer is a disturbed bottomland hardwood community type; however, there are large patches throughout that are devoid of trees. The primary channel measures approximately 12 to 15 feet wide and three to five feet deep, and the drainage area is approximately 4,230 acres. 3.3 Physiography and Soils The Project is located within the Piedmont Level III ecoregion. This area is a transitional area between the Appalachian Mountains and the Coastal plain to the southeast. Stream drainage in the Piedmont tends to be perpendicular to the structural trend of the rocks across which they flow. Furthermore, the Project is within the Northern Outer Piedmont Level IV ecoregion. The Northern Outer Piedmont is composed mostly of gneiss and schist rock. This region contains more loblolly pine (Pinus taeda) compared to the Virginia Pine (P. virginiana) and shortleaf pine (P. echinata) found in the Piedmont to the west, but it also contains local concentrations of mountain plant species. The region extends into Virginia and becomes contiguous with the Northern Inner Piedmont. The Natural Resource Conservation Service (MRCS) depicts five soil mapping units across the Project (Figure 7). The map units are Clifford sandy clay loam, 6 to 10 percent slopes, moderately eroded, Dan River sandy loam, 0 to 3 percent slopes, frequently flooded, Fairview fine sandy loam, 15 to 25 percent slopes, Fairview sandy clay loam, 10 to 15 percent slopes, moderately eroded, Fairview sandy clay loam, 15 to 25 percent slopes, moderately eroded, Nathalie sandy clay loam, 6 to 10 percent slopes, moderately eroded, Siloam sandy loam, 15 to 25 percent slopes, Toast sandy clay loam, 10 to 15 percent, moderately eroded. The soil characteristics of these map units are summarized in Table 4. Neu -Con Umbrella Instrument Modification Mitigation Bank 7 June 2019 Table 4. Cairo Mapped Soil Series Map Unit Map Unit Name Drainage Class Hydric Status Hydrologic Symbol Bibb sandy loam, 0 BbA to 2 percent slopes, Poorly drained Hydric A/D Floodplains frequently flooded Dothan loamy sand, DoB 2 to 6 percent Well drained Non -hydric C Interfluves slopes Gritney sandy Moderately GrC loam, 6 to 10 well drained Non -Hydric D Interfluves percent slopes Pacolet Sandy PaE loam, 15 to 25 Well drained Non -hydric B Interfluves percent slopes Wedowee sandy WeD loam, 10 to 15 Well drained Non -hydric D Interfluves percent slopes 3.4 Endangered/Threatened Species The US Fish and Wildlife Service (USFWS) database (accessed March 7, 2019) for Wake County, North Carolina lists one threatened species, Yellow Lance (Elliptio lancelata), and three endangered species Red - cockaded woodpecker (Picoides borealis), Dwarf Wedgemussel (Alasmidonta heterodon), and Michaux's Sumac (Rhus michauxii). The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. Potential habitat may be present for Dwarf Wedgemussel however no protected species were observed during preliminary site evaluations (Table 5). In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species were mapped within one mile of the project. Results from NHP indicate that there is one known occurrence of state threatened or endangered species within a one -mile radius of the project area. This occurrence is for the Coryphaeschna ingens, or Regal Darner, a species of Damselfly. Based on initial site investigations, no impacts to state protected species are anticipated as a result of the proposed project. The decision phase of the project will include USFWS and North Carolina Wildlife Resource Commission coordination to confirm these findings. Neu -Con Umbrella Instrument Modification Mitigation Bank 8 June 2019 Table 5. Federally Protected Species in Wake County Common Federal Status* Habitat Present RecordIff Vertebrate: Red -cockaded woodpecker Picoides borealis E No Current Bald Eagle Haliaeetus leucocephalus BGPA No Current Invertebrate: Dwarf Wedgemussel Alasmidonta heterodon E Yes Current Yellow Lance Elliptio lancelata T No Current Flowering Plants: Michaux's Sumac Rhus michauxii E No Current *E = Endangered, T = Threatened 3.5 Vegetation The Project is characterized primarily pastureland with areas of disturbed riparian forest regeneration. Along the Project's tributaries of Terrible Creek, common species include yellow poplar (Liriodendron tulipifera), white oak (Quercus alba), river birch (Betula nigra), sweet gum (Liquidambar styraciva), and loblolly pine. The Terrible Creek floodplain is a disturbed bottomland hardwood community and identified species include American sycamore, (Platanus occidentalis), gums (Nyssa spp.), oaks (Quercus spp.), and red maple (Acer rubra). Exotic invasive species are present throughout and locally dense in some areas and include Chinese privet (Ligustrum sinense) and Japanese honeysuckle (Lonicera japonica). 3.6 Cultural Resources On March 7, 2019, the North Carolina State Historic Preservation Office (SHPO) website database was reviewed to determine if any listed or potentially eligible historic or archeological resources in the proposed project area existed. This search did not reveal any registered occurrence within the project area; however, there are seven state registered houses, Atkinson-Whitted House and Tower (WA0565), Farm Complex (WA7595), Daniel Farm House (WA1118), House (WA0564), House (WA7502) and J. Beale Johnson House (WA0566), within a half mile of the easement boundary. There is also one historical house that is reported as gone; Johnson Grist Mill (WA1459). This project will not have construction outside of the easement, so these historical houses will not be affected. The environmental screening phase of the Project will include SHPO coordination to confirm these findings. 3.7 Constraints There are a few minor constraints to the Project that will be considered during the design of the project. Terrible Creek is within a FEMA regulatory floodway. The downstream sections of UTI, UT2, UT3, and UT4 are within the FEMA Zone AE and .2% Chance Annual Flood zone of Terrible Creek (Figure 8). The design and permitting of the mitigation work will include coordination with the Wake County Floodplain Administrator. No FEMA permitting will be required for this project as currently designed. No hydrologic trespass will be permitted to adjacent properties upstream or downstream of the Project. A tree survey will be conducted to design the mitigation measures and access to minimize impacts to significant specimen trees. Trees that are necessary to remove for project construction will be utilized for in -stream habitat structures. Neu -Con Umbrella Instrument Modification Mitigation Bank 1 June 2019 The proposed mitigation site is located within five miles of one air transport facility. The Triple W is a publicly owned and operated airport and is located approximately 2.6 miles East of the Project. The Project is just outside of the five miles radius of the Fuquay-Angier field, a privately owned and operated airport. The proposed Project will not affect the operations of these airports (Figure 1). There are currently no existing crossings on Project streams. However, the development currently being constructed proposes stream crossings on reaches UT2, UT3, and UT4. Therefore, the Project will accommodate for future land use by establishing easement breaks in the aforementioned areas (Figure 9). 4 PROPOSED BANK CONDITIONS 4.1 Conceptual Mitigation Plan The Project presents the opportunity to provide 4,298.200 stream mitigation units (SMUs). These will be derived from a combination of stream restoration, enhancement, and preservation and wetland enhancement and preservation. Table 6 details the mitigation types and credits generated. If applicable, the non-standard buffer tool may be used to add additional credits in the mitigation plan stage of the project. The proposed conceptual design plan is shown in Figure 8. Table 6. Cairo Proposed Stream Mitigation Summary Table 7. Cairo Proposed Wetland Mitigation Summary M Stream Mitigation —MM 0 Reach Mitigation Proposed Length (LF) Ratio SMUs UTI Restoration 870 1:1 870.000 UT2 Restoration 1216 1:1 1,216.000 UT3-A Enhancement II 260 2.5:1 104.000 UT3-13 Restoration 231 1:1 231.000 UT3-C Restoration 610 1:1 610.000 UT4-A Restoration 617 1:1 617.000 UT4-13 Preservation 594 10:1 59.400 UT5 Restoration 256 1:1 256.000 TC1 Preservation 3348 10:1 334.800 Total Length 8,002 Total SMUs 4298.200 Table 7. Cairo Proposed Wetland Mitigation Summary Neu -Con Umbrella Instrument Modification Mitigation Bank 2 June 2019 M Wetland Mitigation W Wetland Mitigation Proposed Area (ac) Ratio WMUs W1 Enhancement 1.35 2:1 0.674 W2 Enhancement 3.43 2:1 1.714 W3 Preservation 22.72 10:1 2.271 W4 Enhancement 0.49 2:1 0.245 W5 Enhancement 0.27 2:1 0.135 Total Acres 28.25 Total WMUs 5.039 Neu -Con Umbrella Instrument Modification Mitigation Bank 2 June 2019 4.2 Stream Restoration, Enhancement, and Preservation Current stream conditions along the proposed restoration reaches demonstrate significant habitat degradation as a result of impacts from agricultural land use, channel modification, and water diversion, Additionally, the riparian buffer is in poor condition throughout most of the project area. Stream restoration, enhancement, and preservation efforts along the tributaries at the Project will be accomplished through analyses of geomorphic conditions and watershed characteristics. The design approach applies a combination of analytical and reference reach based design methods that meet objectives commensurate with both ecological and geomorphic improvements. Proposed treatment activities may range from minor bank grading and planting to re-establishing a stable planform and hydraulic geometry. For reaches requiring full restoration, natural design concepts have been applied and verified through rigorous engineering analyses and modeling. The objective of this approach is to design a geomorphically stable channel that provides habitat improvements and ties into the existing landscape. The Project will include Restoration, Enhancement Level II, and Preservation. A conceptual plan view is provided in Figure 8. The Project has been broken into the following design reaches: Reach UT1 Priority Level I Restoration is proposed for Reach UT -1, which will entail designing and constructing a stable meandering channel with appropriate width/depth ratio and cross-sectional area. Restoration activities will include using log and rock structures to provide vertical stability, assist in maintaining riffle, run and pool features and to provide habitat features. Cut and fill will be balanced in an effort to raise the channel bed to provide small floodplain benches where topography allows. Habitat will further be improved by widening and planting buffers. Reach UT2 Restoration activities will include reconstructing a stable stream offline and installing log structures to provide vertical stability and improve habitat features. Brush -toe or vane structures will be installed on the outside of meander bends to provide bank stability and provide aquatic habitat. Habitat will further be improved through livestock exclusion. Restoration of the channel will reduce sediment loads to downstream reaches by stabilizing eroding banks and improving both hydraulic and geomorphic functions. Reach UT3-A Enhancement II is proposed for reach UT3-A. Enhancement activities will include improving habitat through supplemental buffer plantings and livestock exclusion fencing. The widening and restoration of the riparian areas will filter runoff from adjacent pasture, reduce sediment loads, and provide wildlife corridors throughout the project area. Minor bank stabilization is also proposed in order to improve hydraulic and geomorphic functions. Reach UT3-B Neu -Con Umbrella Instrument Modification Mitigation Bank 3 June 2019 Restoration activities will include reconstructing a stable stream offline and installing log structures to provide vertical stability and improve habitat features. Brush -toe or vane structures will be installed on the outside of meander bends to provide bank stability and provide aquatic habitat. Habitat will further be improved through buffer planting and livestock exclusion. Restoration of the channel will reduce sediment loads to downstream reaches by stabilizing eroding banks and improving both hydraulic and geomorphic functions. Reach UT3-C Restoration activities will include reconstructing a stable stream channel to re -connect the stream to Terrible Creek and installing log structures to provide vertical stability and improve habitat features. Brush -toe or vane structures will be installed on the outside of meander bends to provide bank stability and provide aquatic habitat. Habitat will further be improved through buffer planting and livestock exclusion. Restoration of the channel will improve both hydraulic and geomorphic functions. Reach UT4-A Restoration activities will include reconstructing a stable stream offline and installing log structures to provide vertical stability and improve habitat features. Brush -toe or vane structures will be installed on the outside of meander bends to provide bank stability and provide aquatic habitat. Habitat will further be improved through buffer planting and livestock exclusion. Restoration of the channel will reduce sediment loads to downstream reaches by stabilizing eroding banks and improving both hydraulic and geomorphic functions. Reach UT4-B Preservation is proposed for this reach. Forested buffer occurs on both sides of the reach; however, some areas are lacking in tree density. Therefore, preservation activities will include installing livestock exclusion fencing, supplemental planting, and invasive species treatment. Reach UT5 Restoration activities will include reconstructing a stable stream offline and installing log structures to provide vertical stability and improve habitat features. Brush -toe or vane structures will be installed on the outside of meander bends to provide bank stability and provide aquatic habitat. Habitat will further be improved through buffer planting and livestock exclusion. Restoration of the channel will reduce sediment loads to downstream reaches by stabilizing eroding banks and improving both hydraulic and geomorphic functions. TC1 Preservation is proposed for Reach TC -1. Forested buffer occurs on both sides of the reach; however, some areas are lacking in tree density. Therefore, preservation activities will include livestock exclusion, supplemental planting, and invasive species treatment. Neu -Con Umbrella Instrument Modification Mitigation Bank 4 June 2019 4.3 Wetland Preservation and Enhancement The wetlands surrounding Terrible Creek will be both preserved and enhanced. Wetland areas that are currently vegetated will be preserved. The bare wetland areas will be enhanced both around TC -1 and UT3-A. 5 MONITORING Stream stability, hydrology, and vegetation survival will be monitored across the site to determine the success of the stream and wetland mitigation. Stream stability will be monitored with cross section surveys and visual assessment stream walks. Wetland success will be monitored using automatic recording pressure transducer gauges installed in representative locations across the enhancement/restoration areas and reference wetland. Vegetation survival rates will be monitored using vegetation plots over approximately two percent of the planted area. The success criteria for the Project will follow current accepted and approved success criteria presented in the USACE Stream and Wetland Mitigation Guidelines, and subsequent agency guidance. Monitoring reports will be prepared annually and submitted to the Interagency Review Team (IRT). Specific success criteria components are presented below. 5.1 Reference Ecosystems An appropriate local reference community will be identified and surveyed during the mitigation plan phase. 5.2 As -Built Survey An as -built topographic survey will be conducted immediately following construction to document floodplain grading, channel planform, profile, and dimension. The survey will include a complete profile of centerline, thalweg, water surface, bankfull, and top of bank to compare with future geomorphic data. Longitudinal profiles will not be required in annual monitoring reports unless requested by the IRT. 5.3 Visual Monitoring Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by qualified individuals. A Current Conditions Plan View (CCPV) and associated tables will be submitted every monitoring year in the annual monitoring report. The Current Condition Plan View (CCPV) provides the spatial distributions and qualitative performance ratings for certain monitoring features. Visual assessments will include vegetation density, vigor, invasive species, and easement encroachments. Visual assessments of stream stability will include a complete stream walk and structure inspection. Digital images will be recorded at fixed representative locations during each monitoring event, as well as at any noted problem areas or areas of concern. Results of visual monitoring will be presented in a plan view exhibit with a brief description of problem areas and digital images. Photographs will be used to subjectively evaluate channel aggradation or degradation, bank erosion, success of riparian vegetation and effectiveness of erosion control measures. Longitudinal photos should indicate the absence of developing bars within the channel or an excessive increase in channel depth. Lateral photos should not indicate excessive erosion or continuing degradation of the banks over time. A series of photos over time should indicate successional maturation of riparian vegetation. Neu -Con Umbrella Instrument Modification Mitigation Bank 5 June 2019 5.4 Cross Sections Permanent cross-sections will be installed at approximatelyof one per 20 bankfull widths with half in pools and half in riffles on all reaches that include restoration or significant channel stabilization. All cross-section measurements will include bank height ratio and entrenchment ratio. There should be minimal changes in the annual monitoring cross sections from the as -built cross sections. If changes do take place, they will be evaluated to determine if they represent a movement toward a less stable condition (for example down - cutting or erosion) or are minor changes that represent an increase in stability (for example settling, vegetative changes, deposition along the banks, or decrease in width/depth ratio). Channel stability should be demonstrated through a minimum of four bankfull events documented in the seven-year monitoring period. Cross-section surveys will occur in monitoring Years 1, 2, 3, 5, and 7. 5.5 Vegetative Success Criteria Vegetation monitoring plots will be a minimum of 0.02 acres in size and cover approximately two percent of the planted area. The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. Monitoring will occur each year during the monitoring period. The interim measures of vegetative success for the Projects will be the survival of at least 320 planted three- year old trees per acre at the end of Year 3 and 260 five-year old trees per acre at the end of Year 5. The final vegetative success criteria will be the survival of 210 trees per acre with an average height of 10 feet at the end of Year 7 of the monitoring period. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of The Project. If necessary, EBX- Neuse I will develop a species-specific control plan. 5.6 Adaptive Management The Mitigation Plan will include a detailed adaptive management plan that will address how potential problems are resolved. In the event that the Project or a specific component of the Project fails to achieve the defined success criteria, RES will notify the USACE of the need to develop necessary adaptive management plans and/or implement appropriate remedial actions for the Project. Remedial action required will be designed to achieve the success criteria specified previously, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. If needed, a corrective action plan will be created to change the management of the Project, to meet success criteria. Once the Corrective Action Plan is prepared and finalized RES will: 1. Notify the USACE as required by the Nationwide 27 permit general conditions. 2. Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the USACE. 3. Obtain other permits as necessary. 4. Prepare Corrective Action Plan for review and approval by IRT. 5. Implement the Corrective Action Plan. 6. Provide the IRT a Record Drawing of Corrective Actions. This document shall depict the extent and nature of the work performed. Neu -Con Umbrella Instrument Modification Mitigation Bank 6 June 2019 6 BANK ESTABLISHMENT AND OPERATION 6.1 Establishment and Operation of the Bank Bank parcels shall be established under the terms and conditions of the Neu -Con Umbrella Mitigation Banking Instrument (UMBI) made and entered into by and among EBX-Neuse I, LLC, and the USACE, the U.S. Environmental Protection Agency, the USFWS, the National Marine Fisheries Services, the NCDWR, and the North Carolina Wildlife Resources Commission, collectively, the IIRT. 6.2 Proposed Credit Release Schedule All credit releases will be based on the total credit generated as reported in the approved mitigation plan of the project. Under no circumstances shall any mitigation project be debited until the necessary DA authorization has been received for its construction or the District Engineer (DE) has otherwise provided written approval for the project in the case where no DA authorization is required for construction of the mitigation project. The DE, in consultation with the IRT, will determine if performance standards have been satisfied sufficiently to meet the requirements of the release schedules below. In cases where some performance standards have not been met, credits may still be released depending on the specifics of the case. Monitoring may be required to restart or be extended, depending on the extent to which the Project fails to meet the specified performance standard. The release of project credits will be subject to the criteria described in Table 7. 6.2.1 Initial Allocation of Released Credits The initial allocation of released credits, as specified in the mitigation plan can be released by the IRT with written approval of the DE upon satisfactory completion of the following activities: a) Execution of the UMBI by the Sponsor and the USACE b) Approval of the final mitigation plan c) Mitigation site must be secured d) Delivery of financial assurances e) Recordation of the long-term protection mechanism and title opinion acceptable to the USACE f) Issuance of the 404 -permit verification for construction of the Project, if required 6.2.2 Subsequent Credit Releases The second credit release will occur after the completion of implementation of the Mitigation Plan and IRT approval of the Baseline Monitoring Report and As -built Survey. All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a determination that required performance standards have been achieved. As projects approach milestones associated with credit release, the Sponsor will submit a request for credit release to the DE along with documentation substantiating achievement of criteria required for release to occur. This documentation will be included with the annual monitoring report. Neu -Con Umbrella Instrument Modification Mitigation Bank 7 June 2019 Table 7. Stream Credit Release Schedule *Please note that vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless otherwise stated by the Mitigation Plan or directed by the IRT. **10% reserve of credits to be held back until the bankfull event performance standard has been met. Table 8. Wetland Credit Release Schedule :-kedit Release Activity Total Total MInterim Release Released Release Released 1 Site Establishment (includes all required criteria stated above) 15% 15% Completion of all initial physical and biological improvements 2 pursuant to the Mitigation Plan 2 made pursuant to the Mitigation Plan 15% 30% Year 1 monitoring report demonstrates that channels are stable and 3 being met. 3 interim performance standards have been met 10% 40% Year 2 monitoring report demonstrates that channels are stable and 4 being met. 4* interim performance standards have been met 10% 50% Year 3 monitoring report demonstrates that channels are stable and 5 being met. 5 interim performance standards have been met 10% 60% Year 4 monitoring report demonstrates that channels are stable and 6* 605% 6* interim performance standards have been met 5% (75%**) ) Year 5 monitoring report demonstrates that channels are stable and 7 75% 7 interim performance standards have been met 10% (85%**) Year 6 monitoring report demonstrates that channels are stable and 8* 80% 8 interim performance standards have been met o 5 /o (90%**) Year 7 monitoring report demonstrates that channels are stable and 9 being met, and project has received close-out approval. 9 interim performance standards have been met project has received 10% 90% close-out approval. (100%**) *Please note that vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless otherwise stated by the Mitigation Plan or directed by the IRT. **10% reserve of credits to be held back until the bankfull event performance standard has been met. Table 8. Wetland Credit Release Schedule *Vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless otherwise stated by the Mitigation Plan or directed by the IRT. **10% reserve of credits to be held back until the bankfull event performance standard has been met. Neu -Con Umbrella Instrument Modification Mitigation Bank 8 June 2019 :-kedit Release Activity Interim Total Release Released 15% 15% 1 Site Establishment (includes all required criteria stated above) Completion of all initial physical and biological improvements made 2 pursuant to the Mitigation Plan 15% 30% Year 1 monitoring report demonstrates performance standards are 3 being met. 10% 40% Year 2 monitoring report demonstrates performance standards are 4 being met. 10% 50% Year 3 monitoring report demonstrates performance standards are 5 being met. 15% 65% Year 4 monitoring report demonstrates performance standards are 6* being met. 5% 70% Year 5 monitoring report demonstrates performance standards are 7 being met. 15% 85% Year 6 monitoring report demonstrates performance standards are 8* being met. 5% 90% Year 7 monitoring report demonstrates performance standards are 9 being met, and project has received close-out approval. 10% 100% *Vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless otherwise stated by the Mitigation Plan or directed by the IRT. **10% reserve of credits to be held back until the bankfull event performance standard has been met. Neu -Con Umbrella Instrument Modification Mitigation Bank 8 June 2019 6.3 Financial Assurances The Sponsor shall provide financial assurances in the form of a Performance Bond to the IRT sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances shall be payable at the direction of the USACE to his designee or to a standby trust. Financial assurances structured to provide funds to the USACE in the event of default by the Bank Sponsor are not acceptable. A financial assurance must be in the form that ensures that the USACE receives notification at least 120 days in advance of any termination or revocation. 6.4 Proposed Ownership and Long -Term Management EBX-Neuse I, LLC, acting as the Bank Sponsor, will establish a Conservation Easement, and will monitor the Project for a minimum of seven years. The Mitigation Plan will provide detailed information regarding bank operation, including long term management and annual monitoring activities, for review and approval by the IRT. Upon approval of the projects by the IRT, the project will be transferred to a long-term land steward. The long-term steward shall be responsible for periodic inspection of the project to ensure that restrictions required in the Conservation Easement or the deed restriction document(s) are upheld. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer to the responsible party. The Bank Sponsor will ensure that the Conservation Easement will allow for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the project during the initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the Neu -Con Umbrella Mitigation Bank made and entered into by EBX-Neuse I, LLC and USACE. 6.5 Assurance of Water Rights Sufficient water rights exist to support the long-term sustainability of the Project, as there are no "severed" rights on the property. Neu -Con Umbrella Instrument Modification Mitigation Bank 9 June 2019 Figures Figure 1. Project Vicinity Map Figure 2. Project Parcel Map Figure 3. USGS Topographic Map Figure 4. Existing Conditions Map Figure 5. Project Constraints Map Figure 6. Historical Aerial Photography Figure 7. Soils Map Figure 8. FEMA Map Figure 9. Conceptual Plan Figure 10. LiDAR Map O/p N Date: 5/21/2019 Figure 1 - Project Vicinity w _ E Drawn by: GDS res s Cairo Mitigation Project Checked by: JRM 0 0.25 0.5 Wake County, North Carolina rl inch = 0.5 mile Mile d ud� gtactcehridge Ln YN da da da Qi d oe a J � J a � = 04 c~ l oteigd N ebn` e o�~� L tiillt c : Muirfield Dr 0 30 01 -PR d 4 Be n twi nd s Go ff d Country Club a• B r u -1 s`�` 3 N Whiffed Rd13 4 FUQUAyLIA?NGIER Dal/entine � Ods^ — � q>• FIELD y'Qa o Me a 15: 0 TEr(.1,,, C N90 a o v L P\RPPRK . F�SN ,F J V rJ �1 u F w G c I t Legend d is J Durham Cairo Mitigation Project Proposed Easement �t Raleigh TLW - 03020201120010 Neuse River Basin - 03020201 0' 5 Mile Aviation Zone Sanford to Icl- NC NHP Element Occurrence (July 2018) ar+dy - Other Managed Area (NC NHP July 2018) O/p N Date: 5/21/2019 Figure 1 - Project Vicinity w _ E Drawn by: GDS res s Cairo Mitigation Project Checked by: JRM 0 0.25 0.5 Wake County, North Carolina rl inch = 0.5 mile Mile WAYNE MASSENGILL,$ 677299412 Le_qen• Proposed Easement Project Parcel Parcel N 0 250 it vl. 4W ".Rv t "I�" *4, � WAYNE rt r-�' fires Date: 6/12/2019 Figure 2 - Project Parcel Drawn by: GDS Cairo Mitigation Project Checked by: JRM Wake County, North Carolina 1 inch = 500 feet rt r-�' fires Ah i '"►i�''► woomsby carryj8idpe Df lVAIN 9Ct.�� �~n•�..J o -a -ACS.'. ,. Y �i4wiw '. Ah T ✓ . w• r� r�� �r' MAI , ?M JM Current Devello men /I // ». d + / 1�- qws, .41 .000 Le_qendAl Proposed Easement I Y ExistingNWI Wetlands (USFWS 10-29-2018) Streams I r ', n r Sewer Easement Figure 5 - Project Constraints Date: 5/21/2019 A +�'! N.C.-y!u► /,M Le-gend 1 Proposed Easement Value High : 121.955 m Low: 87.1282 m • ■. - Figure 10 - s^quo • wi �.0 250 500 Appendix A - NC DWR Stream Determination NC DWQ Stream Identification Form Version 4.11 Date: -3115 P Q(1 Project/Site: C"rO Latitude: Evaluator: M, PeAoT f- Q County: Wa Ke Longitude: Total Points: Stream is at least intermittent Stream Determination (circle one) Other if 2:19 orperennial if z 30' Ephemeral Intermittent Perennial I e.g. Quad Name: el 'C A. Geomorphology (Subtotal = V- Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 Q 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 .3 8. Headcuts 0 1 2 3 9. Grade control 0 0. 1 1.5 10. Natural valley 0 0.5 1 11. Second or greater order channel a No = 0es =_3 Sketch: artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = 12. Presence of Baseflow 0 1 2 13. Iron oxidizing bacteria 0 1 a 3 14. Leaf litter M 1 0.5 0 15. Sediment on plants or debris 0 0.5 Ii 1.5 16. Organic debris lines or piles 0 1 0.5 1 _ 17. Soil -based evidence of high water table? No = 0 Cgs= 3 .-- V. t IO!Ogy (subtotal = fo ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC Date: -/ ProjectlSite:j CL Latitude: Evaluator: D FT County: /W� Longitude: Total Points: Stream is at least intermittent 3 irk 19 or oerenniai if 2 30' Stream Determination (circle Ephemeral Intermittent ren Other e.g. Quad Name: A. GeOmOr holo Subtotal = 1 Absent Weak Moderate Strong 12 Continuity of channel bed and bank 0 1 2 0.5 2. Sinuosity of channel along thalweg 0 1 1 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 ® 3 4. Particle size of stream substrate 0 1 24. Amphibians 0 3 5. Active/relict floodplain 0 1 2 1 6. Depositional bars or benches 0 FACW = 0.75; OBL 1. 2 3 7. Recent alluvial deposits 1 2 3 8. Headcuts 0 1 3 9.ra Gde control 0 0. 1 1 5 10. Natural valley 0 0.5 1 11. Second or greater order channel o = Yes = 3 .artificial ditches are not rated; see discuss'ons in manual B. Hvdroloqv (Subtotal = 1 12. Presence of Baseflow 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter t15 0.5 0 15. Sediment on plants or debds 1 1.516. Organic debris lines or piles 1 1.5 17. Soil -based evidence of high water table? No = 0 es = 1.5 C. Biology (Subtotal = t -i ) `� 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL 1. Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWO Stream Identification Form Version 4.11 Date: tQ&c��L7 Project/Site� - � 2 Latitude: Evaluator: County: Longitude: Total Points: Stream Determination (circle one Other Stream is at least intermittent if a 19 or erennlel it z 30' Ephemeral Intermittent n e.g. Quad Name: r A. Geomorphology (Subtotal =t lc -,2 Absent Weak Moderate SqWg 1° Continuity of channel bed and bank 0 1 2 1.5 2. Sinuosity of channel along thalweg 0 1 0 1 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 Notes: 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel o = 0 Yes = 3 Sketch: artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 6 ) 12. Presence of Baseflow 0 1 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 0. 1 1.5 17. Soil -based evidence of high water table? No = 0 es = 3 1 C. Biology (Subtotal= q,5 ) 18. Fibrous roots in streambed 2 1 1 1 0 19. Rooted upland plants in streambed I C312 1 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0 1 1.5 24. Amphibians 0 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; 0 L ='1. Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWO Stream. Identification Form Version 4.11 Date: r Z �01 7 ProjectlSite' (1 - &L;-3 Latitude: Evaluator: County: lNai� Longitude: Total Points:Stream Determination (circle Other Stream is of least intermittent Ne 19 or erennial Ne 30` Ephemeral Intermittent re n' e.g. Quad Name: A. Geomorphology Subtotal = I F_ Absent Weak Moderate Strong 1°' Continuity of channel bed and bank 0 1 2 15. Sediment on plants or debris 2. Sinuosity of channel along thalweg 0 1 0 0. 1 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool se uence 0 1 2 3 4. Particle size of stream substrate 0 1 1 3 S. Active/relict floodplain 0 1 2 1.5 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1. 11. Second or greater order channel o = Yes = 3 Sketch: artificial ditches are not rated; see discuss' In manual B. Hydrology (Subtotal =?r ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles 0 0. 1 1.5 17. Soil -based evidence of high water table? No = 0 e - 3 C. Bioloov (Subtotal = 1U ) 16. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0 1 1.5 23. Crayfish 0 1 1.5 24. Amphibians 0 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; O = 1. Other = 0 `perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: NC DWQ Streijm Identification Form Version 4.11 Date: (7j L Pro)ect/Slte:�A u - Latitude: Evaluator: County: u Longitude: Total Points: Stream Determination (ei e) Other Stream is at least intermittent ✓L, if a 19 or etennial if z 30- Ephemeral Intermittent eren i e.g. Quad Name: s A. Geornor holo (Subtotal = L U t F Absent Weak Moderate Strong 18 Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 r2 1 1.5 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict Floodplain 0 1 2 3 6. Depositional bars or benches 0 ij 2 3 7. Recent alluvial deposits 0 1 2 3 B. Headcuts 0 FACW = 0.75; = 1: Other = 0 3 9. Grade control 0 0.5 1 Notes: 10. Natural valley 0 0.5 1 1. 11. Second or greater order channel o = Yes = 3 Sketch: e artificial ditches are not rated; see discussions in manual B. Hydrolow (Subtotal= 7,5,-) 12. Presence of Baseflow 0 1 G7 1 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 UP 1 1.5 16. Organic debris lines or piles 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 lea = C. Biology Subtotal = 18. Fibrous roots in streambed 0 1 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0 1 1.5 24. Amphibians 0 1 1.5 25. Agae 0 1 1.5 26. Welland plants in streambed FACW = 0.75; = 1: Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: kle-ac k UT 5 NC DWQ Stream Identification Form Version 4.11 Date: -V 1 11 [ -" (. Project/Site: Co �" �- Latitude: Evaluator: M. P r O�L U County: W a1< Q Longitude: Total Points: Stream is at least intermittent a 5 Stream Determination (circle one) Ephemerak�l� Perennial Other e.g. Quad Name: if z 79 or perennial if >_ 30* . 3 2. Sinuosity of channel along thalweg A. Geomorphology (Subtotal =-L , �J } Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 . 3 2. Sinuosity of channel along thalweg 0 0.5 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0.5 1 2 3 4. Particle size of stream substrate 0 1 1.5 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 Other = 0 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0. 1 1.5 11. Second or greater order channel a ef4i7, jo Yes = 3 artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = q" S ) 12. Presence of Baseflow 0 1 ( 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter (1-.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles Q 0.5 1 1.5 17. Soil -based evidence of high water table? 0 No = 0 1 - C. Bi0109y (Subtotal = 7 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed (3) 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 {i' 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: Appendix B - Landowner Authorization Forms �lta� I. . SELLER: JWM 57, LLC By: W yne Masse ll Date: 17/ Date: Signature Page to First Amendment to Option Agreement for the Purchase of an Easement Buyer: EBX-Neuse 1, LLC Seller: JWM 57, LLC {NO072847.DOCX; 11 Page 2 of 2 LANDOWNER AUTHORIZATION FORM Site: Cairo Site PROPERTY LEGAL DESCRITION: Deed Book Page County 15788 2733 Wake Parcel ID Number: 37183-0677299412 and 37183-0577399240 in Wake County North Carolina. Street Address: Johnson Pond Road, Fuquay-Varina, NC Property Owner (please print): JWM 57, LLC — Wayne Massengill The undersigned, registered property owner(s) of the above property, do hereby authorize EBI, Neuse 1, LLC, Resource Environmental Solutions ("RES"), the NC Department of Environment and Natural Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations. Property Owners(s) Address: 2105 N Main Street Fuquay-Varina, NC 27526 Property Owner Telephone Number: 919-614-2909 I/We hereby certify the above information to be true and accurate to the best of my/our knowledge. By: OR Owner Othorized Signature) (Date) Appendix C - Photo Log Cairo Photo Log UT 1 —Looking Downstream UT2 — Looking Upstream UT3-A — Looking Upstream UT1 — Looking at Left Bank UT2 — Looking Downstream UT3-A — Looking Downstream Cairo Photo Log ig a i • i A#V A0 1 3 S 4 a � � FP u ' rM S L,QllU 1­11UM LU UT5 — Looking Upstream Terrible Creek (TCI) — Looking Upstream Terrible Creek (TC 1) — Looking Upstream UT5 — Looking Downstream Terrible Creek (TCI) — Looking Downstream Terrible Creek (TC1) — Looking Downstream