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HomeMy WebLinkAbout20180196 Ver 1_Final Approved Buffer Plan_20190814RIPARIAN BUFFER MITIGATION PLAN July 18, 2019 CATFISH POND MITIGATION SITE Durham County, NC NCDEQ Contract No. 7424 DMS ID No. 100039 Neuse River Basin HUC 03020201 USACE Action ID No. SAW 2018-00424 DWR Project No. 2018-0196 RFP #: 16-007279 PREPARED FOR: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 PREPARED FOR: PREPARED BY: DRAFT RIPARIAN BUFFER MITIGATION PLAN CATFISH POND MITIGATION SITE Durham County, NC NCDEQ Contract No. 7424 DMS ID No. 100039 Neuse River Basin HUC 03020201 NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 WILDLANDS ENGINEERING Wildlands Engineering, Inc. 312 W Millbrook Road, Suite 225 Raleigh, NC 27609 Phone: (919) 851-9986 This Mitigation Plan has been written in conformance with the requirements of the following: • 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. • 15A NCAC 02B .0240, Nutrient Offset Payments Rule, amended effective September 1, 2010 • NCDEQ Division of Mitigation Services In -Lieu Fee Instrument signed and dated July 28, 2010. These documents govern DMS operations and procedures for the delivery of compensatory mitigation. Contributing Staff: Chris Roessler, Project Manager Daniel Taylor, Construction Administrator John Hutton, Principal in Charge Carolyn Lanza, Monitoring Lead Andrea Eckardt, Lead Quality Assurance WILDLANDS ENGINEERING July 25, 2019 Ms. Katie Merritt RE: Response to DWR comments on Draft Final Buffer Mitigation Plan Submittal Catfish Pond Mitigation Site, Durham County, NC Neuse River Basin - 03020201 DMS Project ID No. 100039 / DEQ Contract # 007424 Dear Ms. Merritt, Wildlands received comments from you dated June 12, 2019 on the Catfish Pond draft final buffer mitigation plan submitted on May 13, 2019. The comments were constructive and will improve the mitigation plan. This letter provides our responses to those comments. Edits have been made to the final mitigation plan. Catfish Pond Buffer Mitigation Plan Comments 1. General Mitigation Plan & Buffer Plan comments: a. The use of the term "buffer" and "riparian buffer" is used too loosely throughout the plan. These terms should only be used to describe an area that is within the Neuse Riparian Buffer. For this site, only the first 50' adjacent to streams subject to the rule are Neuse Riparian Buffers. Therefore, please correct applicable references to "buffer" or "riparian buffer" and replace incorrect references with "riparian areas" or "riparian restoration". We've made those changes. b. The DWR Stream Determination letter for this site dated 3/12/18 was not included in the mitigation plan or in Appendix 12. Please include. We don't have a stream determination letter for this project. In an email dated 6/13/19, you said you couldn't find it either and it probably was not issued. c. Where plan sheets, figures and appendices of the Stream Mitigation Plan have relevant information for the buffer plan, those items should be referenced in the buffer plan to assist DWR with review. Otherwise, things can be mistakenly overlooked. Example: pond design sheet, Ditch D shown on plan sheets, Planting Plan details, Invasive Species plan, etc. References have been added to the buffer plan. Nutrient offset credits were only derived from buffer restoration areas with widths of at least 50 feet and not more than 100 feet. Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 d. Table 8a & 8b Project Area & Assets —changes and corrections are needed. 1. Based on comments made under Table 8b, it appears there are areas less than 50; less than 29' and less than 20' widths, but none of those areas are depicted on Table 8a as receiving buffer credit at reduced amounts. Are those areas included in the buffer credits shown in Table 8a? Explain and correct assets where necessary. The notes below Table 8b refer to longitudinal stream lengths (i.e., linear feet) where the buffer is between 30 and 50 feet. They do not refer to buffer widths. 2. Figures 6 and 9 do not provide reach information, therefore it is difficult to compare those two figures to see the areas referenced under Table 8b. We will add reach information to Figures 6 and 9. 3. Text under Table 8b states there is a difference of 5,597 ft2 due to the widths being less than the required 50'. However, 1 don't see that detailed out or shown in the figures referenced. If the area is small and you can zoom in to the area, that may be helpful. These areas are now shown in Figure 9a and the locations are described below Table 8b. 4. The creditable acreage is shown out to 4 decimal places on Table 8b. Explain why they aren't rounded to the nearest hundredth as is normally requested by DWR. The acreage is a calculated value based on square feet, and four decimal places were used to more accurately reflect the actual square footage. Le., the creditable area is 255,790 (sqft), but 5.87 (ac) X 43,560 (sqft) = 255,697 (sqft). 2. Section 4.1 — a. USFWS had concerns about sediment impacts from this site on aquatic species. Please indicate how sediment impacts to the stream will be prevented during construction. The dam will be breached and dewatered, with the turbidity curtain in place, as an initial sequence of construction. This area will be allowed to dry before working with the material. Once the site is suitably dry for earthwork operations, as determined by the engineer, the dam will be removed as a first step. This material, if deemed suitable, will be stockpiled on-site for reuse in grading operations. Residual sediments shall be excavated to native ground, spread and stabilized with appropriate seed mixture within the limits of CE. If saturated, residual sediments shall be stockpiled in loose lifts and allowed to dry prior to re -spreading within the CE. This will reduce the potential for sediment runoff and sloughing of the spread residual sediments. Residual sediments shall not be reused as structural fill on-site. Earthwork and grading for the new channel will only occur in native material or select fill material. Additionally, Wildlands will follow the Sediment and Erosion Control Plan as approved by DEMLR. Erosion control plan sheets have been added to plan set in the stream mitigation plan. b. WRC letter dated 3/21/18 requested biodegradable erosion control measures that are wildlife friendly. Explain how this request is being acknowledged. Erosion control measures other than silt fence that are being incorporated within the limits of construction include biodegradable coir matting along the channel side slopes. Additionally, the side slopes within the dam removal area will be graded at 3:1. This, along with the perimeter control along the haul roads, eliminates the need for application of permanent or temporary matting along these side slopes. The construction specifications and planting plan have been developed to specifically address this area with a heavy stabilization and permanent seed mixture. 3. Section 6.0 — a. Diffuse flow needs to be maintained in all riparian areas generating buffer mitigation and nutrient offsets. The DWR stream determination letter called the ditch entering UT1 near reach 2 a Ditch. Plan sheets (Sheet 5.4) show this ditch going through the proposed buffer restoration area. The ditch also extends beyond the conservation easement boundary. Please explain how diffused will be maintained by the inclusion of Ditch D. Wildlands will use guidelines in the Diffuse Flow for Buffer Mitigation memo (DWR Bufferinterpretation/Clarification Memo #2008-019) and receive no credit for 0.1 acres where the ditch comes into the easement. b. Plan sheet 2.6 shows the stream restoration through the Pond and should therefore be referenced in this section to assist in DWR review. This reference has been added. c. Details on how the pond will be breached, efforts made to reduce sediment loss, stabilization measures, drawdown, etc. aren't provided but are needed so that DWR can make informed decision that the pond restoration will be done with the least impact to streams as possible. If these details are in the stream plan, then reference the applicable section here to assist DWR review. Reference is also made within the buffer mitigation plan to the pond removal detail on plan sheet 6.10. Additionally, Wildlands will follow the Sediment and Erosion Control Plan as approved by DEMLR. d. It is recommended that a statement be added to this section that reads similar to "Riparian restoration and enhancement will occur adjacent to mitigated stream onsite". Added this to second sentence of first paragraph in section. e. No detailed planting plan is referenced in this section, however plan sheets were provided in Appendix 7 detailing where trees would be planted. Include reference. Referenced that a planting plan is provided on plan sheets 5.0 — 5.7 in Appendix 7. f. The invasive species plan is pertinent to this plan and should be referenced in this section. Referenced that an invasive species plan is provided in Appendix 8. g. Correct buffer mitigation rule citation in Section 6.3. It should be .0295 (o) instead of .0295 (0)(6). Corrected. 4. Section 8.0 - a. Add that planted stems in the monitoring plots will all be flagged. Added to Section 8.2. b. Include applicable terms from Table 15 of the Stream plan and add to this section. Survival rates were added to Section. c. Vigor needs to be added to 8.2 as a measurement during monitoring. Add height measurements. A vigor standard was added to Section 8.2. 5. Section 9.0, second paragraph states that "no livestock, fencing, or internal crossing changes are currently present or planned by the landowner". Can you explain the meaning of this sentence considering there are livestock and fencing currently present. Removed this sentence. This makes it consistent with Section 11.0 in the stream mitigation plan. 6. Overall, if the riparian restoration and enhancement is done according to the plan and addresses all comments and corrections provided by DWR, the site should provide a good buffer mitigation and nutrient offset project. Sounds good. We hope that these responses adequately address the IRT's comments and we look forward to working with the IRT during the next phases of this important project. Sincerely, 21 Chris Roessler Project Manager croessler@wildlandseng.com TABLE OF CONTENTS 1.0 Introduction..............................................................................................................................1 2.0 Mitigation Project Summary...................................................................................................... 2 2.1 Existing Site Conditions................................................................................................................. 2 2.2 Watershed Characterization.........................................................................................................4 2.3 Soils...............................................................................................................................................5 2.4 Geology.........................................................................................................................................6 2.5 Vegetation.................................................................................................................................... 6 2.6 Site Constraints and Access..........................................................................................................7 2.7 Current Site Resources................................................................................................................. 7 2.8 Historic Site Resources................................................................................................................. 7 3.0 Site Protection Instrument........................................................................................................7 3.1 Site Protection Instruments Summary Information..................................................................... 7 4.0 Regulatory Considerations........................................................................................................ 7 4.1 Threatened and Endangered Species...........................................................................................8 4.2 Cultural Resources and Significant Natural Heritage Areas......................................................... 9 4.3 FEMA Floodplain Compliance.......................................................................................................9 4.4 Other Environmental Issues......................................................................................................... 9 5.0 Determination of Credits......................................................................................................... 10 6.0 Mitigation Work Plan.............................................................................................................. 12 6.1 Parcel Preparation...................................................................................................................... 12 6.2 Riparian Area Restoration Activities........................................................................................... 12 6.3 Riparian Area Enhancement Activities....................................................................................... 13 7.0 Performance Standards........................................................................................................... 13 7.1 Vegetation.................................................................................................................................. 13 7.2 Photo Reference Stations...........................................................................................................13 7.3 Visual Assessments..................................................................................................................... 13 7.4 Reporting Performance Criteria.................................................................................................14 7.5 Maintenance and Contingency Plans......................................................................................... 14 8.0 Monitoring Plan...................................................................................................................... 14 8.1 Monitoring Components............................................................................................................ 14 8.2 Vegetation.................................................................................................................................. 14 8.3 Photo reference stations............................................................................................................ 14 8.4 Visual Assessment...................................................................................................................... 14 9.0 Long -Term Management Plan................................................................................................. 15 10.0 Adaptive Management Plan.................................................................................................... 16 11.0 References.............................................................................................................................. 16 W Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page i July 2019 TABLES Table 1: Ecological and Water Quality Goals Table 2: Buffer Project Attributes Table 3: Drainage Areas and Associated Land Use Table 4: Project Soil Types and Descriptions Table 5: Site Protection Instrument Table 6: Project Attribute Table Table 7: Listed Threatened and Endangered Species in Durham County, NC Table 8a: Buffer Project Areas and Assets: Riparian Buffer Credits Table 8b: Buffer Project Areas and Assets: Nutrient Offset Credits Table 9: Monitoring Components Table 10: Long-term Management Plan FIGURES Figure 1 Vicinity Map Figure 2 Site Map Figure 3 USGS Topographic Map Figure 4 Watershed Map Figure 5 Soils Map Figure 6 Credit Calculations Map Figure 7 Riparian Buffer Zones Map Figure 8 Proposed Monitoring Map Figure 9 Nutrient Offset Area Map Figure 10 Service Area Map APPENDIX Appendix 12-a Site Photographs Appendix 12-b NC Division of Water Resources Site Viability for Buffer Mitigation and Nutrient Offset Letter— March 13, 2018 Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page ii July 2019 1.0 Introduction The Catfish Pond Mitigation Site (Site) is a riparian restoration project in conjunction with a stream mitigation project. The Site is located in Durham County approximately 12 miles north of the City of Durham and approximately 3 miles east of the Orange County/Durham County border (Figure 1). The Site is comprised of approximately 20.73 acres along Catfish Creek and three additional unnamed tributaries. Currently, the Site is characterized by a mix of active pastures, fields, and woodlands. The project will restore or enhance riparian areas within the project area, which will provide 522,327.570 buffer credits or 18.1 acres worth of buffer mitigation. The Site is located within the Hydrologic Unit Code (HUC) 03020201020040 and North Carolina Department of Water Resources (NCDWR) Sub -basin 03-04-01. Catfish Creek and the three unnamed tributaries on the Site flow into Mountain Creek, which subsequently flows to Little River, the Eno River, and then Falls Lake. Falls Lake is classified as water supply waters (WS -IV) and nutrient sensitive waters (NSW). The 2009 Neuse River Basinwide Water Quality Plan lists major stressors in Subbasin 03-04-01 to be total suspended solids (TSS), nutrients, and chlorophyll a. The 2010 Neuse River Basin Restoration Priorities (RBRP) highlights the importance of riparian areas for stream restoration projects. Riparian areas retain and remove nutrients and suspended sediments. Of the 123 miles of streams in the Neuse 01 CU, 23% do not have adequate riparian areas. The RBRP states that "priority [restoration] projects should increase or improve buffers." Another goal of the RBRP for the Neuse 01 HU is to support the Falls Lake watershed plan. The RBRP also states that a goal for the Neuse 01 CU is to, "...promote nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers." This riparian restoration project will reduce sediment and nutrient loading, improve terrestrial and in stream habitats, and improve stream and bank stability. The area surrounding the streams proposed for mitigation is a mixture of active pasture, fields, and woodlands. By removing cattle access to onsite tributaries to Little River Reservoir and Falls Lake, restoring a forest to maintained riparian areas and protecting and preserving existing forested riparian areas; the project will reduce nutrient and sediment inputs to project streams, and ultimately to Falls Lake. The restored floodplain areas will filter sediment during rainfall events. The establishment of riparian areas will create shading to minimize thermal pollution. Finally, invasive vegetation will be treated within the project area as needed and the proposed native vegetation will provide cover and food for wildlife. Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 1 July 2019 2.0 Mitigation Project Summary The major goals of the proposed riparian restoration project are to provide ecological and water quality enhancements to the Falls Lake watershed of the Neuse River Basin by creating a functional riparian corridor and restoring the riparian areas. Specific enhancements to water quality and ecological processes are outlined below in Table 1. Table 1: Ecological and Water Quality Goals — Catfish Pond Mitigation Site Goal Objective CU -Wide and RBRP Objectives Supported Reduce and control sediment inputs; Exclude cattle Install fencing around project areas adjacent Reduce and manage nutrient inputs; from project to cattle pastures. Contribute to protection of or streams. improvement to a Water Supply Waterbody. Filtering runoff from the agricultural fields through restored native riparian zones. The Decrease nutrient off-site nutrient input will also be absorbed Reduce nutrient inputs to waters of the levels on-site by filtering flood flows through Falls Lake watershed. restored floodplain areas, where flood flows can disperse through native vegetation. Decrease water Establishment and maintenance of riparian temperature and areas will create additional long-term Improve habitat to wildlife by providing increase dissolved shading of the channel flow to reduce additional habitat. oxygen thermal pollution. concentrations Reduce and control sediment inputs; Restore and Reduce and manage nutrient inputs; enhance native Plant native tree species in riparian zone Provide a canopy to shade streams and floodplain where currently insufficient. reduce thermal loadings; Contribute to vegetation. protection of or improvement to a Water Supply Waterbody. Permanently protect the Establish a conservation easement on the Protect aquatic habitat; protect water project Site from Site. supply waters. harmful uses. 2.1 Existing Site Conditions The proposed riparian restoration project will approximately put 20.5 acres of agricultural fields and woodlands along Catfish Creek and three unnamed tributaries that drain into the Falls Lake watershed, part of the Neuse River Basin, under a conservation easement. Out of the 20.7 acres, 18.2 acres will be proposed for a combination of riparian area restoration or enhancement. In general, this area has maintained its rural, farming character over the last 78 years with only minor changes in land cover. This consistency in land use within the project watershed indicates that watershed processes affecting hydrology, sediment supply, and nutrient and pollutant delivery have not varied widely over this time period. With a lack of developmental pressure, watershed processes and stressors from outside the project limits are likely to remain consistent throughout the implementation, monitoring, and closeout of this project. Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 2 July 2019 The Site contains two perennial streams: Catfish Creek (Reaches 2, 3, 4, 5, 6, and 7) and UT1 Reaches 1, 2, 3, and 4), and contains three intermittent streams: Catfish Creek Reach 1, UT2, and Mountain Tributary. Catfish Creek Reach 1 begins at a small groundwater seep on the west end of the Site and flows east. A headcut is present on Reach 2. Catfish Creek Reach 3 begins at the confluence of UT2. Catfish Creek Reaches 1, 2, and 3 are very similar in their current condition. These reaches are moderately to steeply sloped and flow through somewhat confined valleys. Riparian vegetation is primarily comprised of a mature overstory with limited understory and herbaceous vegetation due to cattle grazing. Cattle access and riparian area grazing are the major limiting factors in the overall health and stability of Catfish Creek Reaches 1, 2, and 3. Catfish Creek Reach 4 flows east to an existing farm crossing. Cattle access within this reach has resulted in extensive adverse impacts to the vegetation. Based on observations, the cattle have begun using the channel as a wallow area and cattle trail. Understory vegetation along the reach is limited and extensively grazed. Some overstory hardwood species are present but the understory ground cover is sparse and dominated by pasture grasses. Catfish Creek Reach 5 begins below an existing farm crossing and continues east to Catfish Pond. The stream flows through a somewhat confined, moderately sloped valley with a mature hardwood dominated overstory and a sparse understory due to cattle grazing. Catfish Creek Reach 6 flows through Catfish Pond. Currently, all of Reach 6 is contained within Catfish Pond or the pond embankment, which was installed sometime between 1940 and 1955. Cattle have unlimited access. Vegetation around the pond is limited to pasture grasses and some trees. As part of the Catfish Pond Stream Mitigation Project, the manmade dam will be removed and stream restored. The pond is not currently viable for buffer credit but is being removed and the channel restored as part of the stream mitigation project. The pond area will be viable for buffer and nutrient credit after stream restoration has been completed and the as -built report has been submitted to the IRT. Catfish Creek Reach 7 begins at the confluence with UT1 and continues to the confluence of Mountain Creek and Catfish Creek. Catfish Creek Reach 7 has a bedform dominated by bedrock features. At multiple locations along the reach there is evidence of cattle wallows and trampled banks. The riparian area is at first in relatively good condition along the left bank, with impacts limited to cattle grazing of the understory. Elsewhere along Reach 7, however, cattle impacts are more prevasive, with sparse overstory trees and little to no understory. Ground cover is dominated by pasture grasses and cattle trampling is widespread. UT1 flows onto the site from a wooded parcel south of project and flows northeast. The entire stream is accessed by livestock and, based on historical aerials, the channel and floodplain were heavily altered sometime between 1955 and 1972. In the 1972 historic aerial photo, a large area of deforestation along the stream corridor is evident. It also appears that the surrounding floodplain was manipulated from a forested system to agricultural fields for production. UT1 was divided into four separate reaches. UT1 Reach 1 begins at the southern project boundary and flows northeast to the confluence with an ephemeral tributary. Along UT1 Reach 1 there is a narrow riparian area with some woody and herbaceous vegetation. Throughout the reach there are cattle entry and exit points which have resulted in unstable banks leading to scour and incision. UT1 Reach 2 begins at the confluence of UTI and the ephemeral tributary and flows northeast until an existing farm crossing. A fence line associated with the parcel boundary bisects UT1 Reach 2. Downstream of the fence line, there is no woody or herbaceous vegetation within the floodplain and Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 3 July 2019 vegetation is dominated by pasture grasses. Upstream of the parcel boundary, the woody vegetation is limited with some areas of hazel alder and green ash. The stream banks are cattle trampled. Upstream of the fence line, it is difficult to identify the main stem of the channel because cattle trampling has resulted in a braided stream system. As part of the Catfish Pond Stream Mitigation Project, a single thread channel will be constructed. UT1 Reach 3 begins downstream of the fence at the parcel boundary and continues through a farm crossing. The downstream end of the existing farm crossing drops approximately 10 vertical feet at a stacked rock retaining wall. The riparian area is essentially only pasture grasses. UT1 Reach 4 begins at the existing farm crossing and continues until the confluence with Catfish Creek. UT1 Reach 4 is vertically stable due to widespread bedrock in the channel. Grazing areas in the floodplain have limited understory vegetation along the left bank and the right bank is limited to a single row of trees. UT2 to Catfish Creek and Mountain Tributary are both intermittent headwater tributaries within the project area. UT2 begins at the farthest western edge of the project and flows southeast towards Catfish Creek. Mountain Tributary begins in the northwest corner of the project area and flows southeast before turning and flowing northeast into Mountain Creek. The reach ends at an existing culvert crossing. These headwater tributaries are in a similar existing condition with an established riparian woody canopy and a grazed understory. Overall, ecological degradation of these streams is directly attributed to cattle impacts. Table 2: Buffer Project Attributes — Catfish Pond Mitigation Site Project Name Catfish Pond Mitigation Site Hydrologic Unit Code 03020201020040 River Basin Neuse River Geographic Location (Lat, Long) 360 9'48.03" N, 780 54' 37.66" W Site Protection Instrument (DB, PG) To be recorded Total Credits (BMU) 526,262.570 Types of Credits Riparian Buffer & Nutrient Offset Mitigation Plan Date April 2019 Initial Planting Date January 2020 Baseline Report Date February 2020 MY1 Report Date November 2020 MY2 Report Date November 2021 MY3 Report Date November 2022 MY4 Report Date November 2023 MY5 Report Date November 2024 2.2 Watershed Characterization The Site is located in Durham County approximately 12 miles north of the City of Durham and approximately 3 miles east of the Orange County/Durham County border (Figure 1). The Site is located Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 4 July 2019 within the Hydrologic Unit Code (HUC) 03020201020040 and North Carolina Department of Water Resources (NCDWR) Sub -basin 03-04-01. Site topography, as indicated on the Rougemont, NC USGS 7.5 minute topographic quadrangles, includes mostly steeply sloped areas with some moderate slopes along the main tributary (UT1) (Figure 3). Drainage areas for the streams and riparian areas were determined by delineating watersheds on the Rougemont USGS 7.5 -minute topographic quadrangles. Figure 4 shows the watershed boundaries for each area. Each of the riparian buffer watersheds is mix of active pastures, fields, and woodlands. The watershed and current land use are summarized in Table 3 below. Table 3: Drainage Areas and Associated Land Use — Catfish Pond Mitigation Site 2.3 Soils The proposed project is mapped by the Durham County Soil Survey. Project area soils are described below in Table 4. Figure 5 is a soil map of the Site. Wehadkee soils underly upper UT1 and upper Catfish Creek. Tatum underlies Catfish Creek Reaches 4, 5, and 6. Georgeville soils are prevalent on Mountain Tributary. Chewalca and Wehadkee soils are present as Catfish Creek approaches the Mountain Creek floodplain. Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 5 July 2019 Watershed Area Revised Reach Name DWR Stream Designation (acres) Land Use Catfish Creek Perennial 197 46% forested; 54% managed herbaceous cover/pasture; 0.2% Woody Wetland UT1 Perennial 108 32% forested; 66% managed herbaceous cover/pasture; 1% Shrub 99% forested; 1% managed herbaceous UT2 Intermittent 32 cover/pasture 92% forested; 8% managed herbaceous Mountain Tributary Intermittent 30 cover/pasture 2.3 Soils The proposed project is mapped by the Durham County Soil Survey. Project area soils are described below in Table 4. Figure 5 is a soil map of the Site. Wehadkee soils underly upper UT1 and upper Catfish Creek. Tatum underlies Catfish Creek Reaches 4, 5, and 6. Georgeville soils are prevalent on Mountain Tributary. Chewalca and Wehadkee soils are present as Catfish Creek approaches the Mountain Creek floodplain. Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 5 July 2019 Table 4: Project Soil Types and Descriptions — Catfish Pond Mitigation Site Soil Name Description This soil is found on narrow floodplains with a slope of 0 to 2 percent. This soil is Wehadkee silt loam typically poorly drained and frequently floods. The surface layer of the series is loam with a thickness of about 8 inches. The subsoil of sandy clay loam has a depth of 43 inches. This soil is fairly well suited for pasture. This well -drained soil is found on uplands with a slope of 15 to 25 percent. The surface layer has a gravelly silt loam of about 7 inches. The subsoil of silty clay Tatum gravelly silt loam loam extends to a depth of 42 inches and weathered bedrock is present from 42 to 80 inches. This soil is well suited to pine and hardwood forest and to pasture. Slope and the erosion resulting from runoff are the major concerns in management. This well -drained soil is found on narrow side slopes on uplands with a slope of 6 to 10 percent. It has a surface layer of reddish -brown or brown silt loam to about Georgeville silt loam 7 inches. Its subsoil is red, firm silty clay or silty clay loam to about 10 inches. Slope and the erosion resulting from runoff are the major concerns for management. These soils are about 60 percent Chewacla soil and 35 percent Wehadkee soil. These are somewhat poorly drained soils on floodplains with slopes of 0 to 2 Chewacla and Wehadkee percent that flood frequently. They occur as long, level areas parallel to the major soils streams and rivers. These soils have a surface layer of loam to about 4 inches and a subsurface layer of silty clay loam to about 26 inches. These soils are well suited to hardwood forest and pasture. Source: Durham County Soil Survey, USDA-NRCS, http://efotg.nres.usda.gov 2.4 Geology The project is located in the Ecoregion 45c - Carolina Slate Belt of the Piedmont physiographic province. The Carolina Slate Belt extends from southern Virginia, across the Carolinas, and into Georgia. The Carolina Slate Belt consists of metamorphosed igneous and sedimentary rock including gneiss and schist that has been intruded by younger granitic rocks (NCGS, 2013). The underlying geology of the proposed Site is mapped as late Proterozoic to Cambrian (1 billion to 500 million years in age) intermediate meta- volcanic rock (CZiv) and felsic meta -volcanic rock (CZfv) (NCGS, 1985). The intermediate meta -volcanic rock is described as metamorphosed andesitic tuffs and flows that are medium to dark grayish green in color with minor felsic and mafic meta-volcanics. The felsic meta -volcanic rock is described as metamorphosed daeitic to rhyolitic flows and tuffs that is light gray to greenish gray in color that interbedded with intermediate meta -volcanic rock. Instances of exposed bedrock along project channels. Sources: http://www.geology.enr.state.nc.us/usgs/carolina.htm http://www.geology.enr.state.nc.us/Mineral%20resources/mineralresources.html 2.5 Vegetation Upland portions of the Site maintained for cattle grazing are dominated by pasture grasses including tall fescue (Schedonorus arundinaceus), bermudagrass (Cynodon dactylon), and red fescue (Festuca rubra). Herbaceous vegetation in wetland and riparian areas includes tearthumb (Polygonum sagittatum), common rush (Juncus effuses), spotted ladysthumb (Polygonum persicaria), yellow jewelweed (Impatiens pallida), Carex species (Carex spp.), and Japanese stilt grass (Microstegium vimineum). Forested riparian areas are generally narrow or discontinuous, but common tree species present in the canopy are American sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), sweetgum Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 6 July 2019 (Liquidambar styraciflua), yellow poplar (Liriodendron tulipifera), and red maple (Acer rubrum). Additional woody plants present in smaller proportions or lower strata include eastern red cedar (luniperus virginiana), white oak (Quercus alba), hazel alder (Alnus serrulata), black willow (Salix nigra), paw paw (Asimina triloba), greenbriar (Smilax rotundifolia), Chinese privet (Ligustrum sinense), and Japanese honeysuckle (Lonicera japonica). 2.6 Site Constraints and Access The Site is accessible via a gravel driveway off Roxboro Road. Three internal easement crossings for farm use are part of the proposed conservation easement. These breaks are not included in the credits calculated for the project. In places, the Site's easement and planting will extend beyond the required 50 -foot minimum riparian buffer for streams in the Falls Lake Watershed. There are no known airport facilities within five miles of the project area (Figure 1). There are no other known constraints on the proposed Site. A permanent access easement from Roxboro Road to the Site is recorded. 2.7 Current Site Resources On February 23, 2018, Ms. Katie Merritt, with DWR, conducted on-site determinations to review features and land use within the project boundary. The resulting DWR site viability letter and map confirming the Site as suitable for riparian buffer mitigation has been included in the Appendix. 2.8 Historic Site Resources The Catfish Pond Buffer Mitigation Site has historically been forested or used for agricultural purposes. Historic aerial photos are included in the Appendix and date back to 1940, showing the site in various stages of timber clearing, row crop production, and open pasture. In general, this area has maintained its rural, farming character over the last 78 years with only minor changes in land cover. 3.0 Site Protection Instrument 3.1 Site Protection Instruments Summary Information The land required for riparian area planting, management, and stewardship of the mitigation project includes portions of the parcels listed in Table 5. An option agreement for the project area has been signed by the property owner and a Memorandum of Option has been recorded at the Durham County Register of Deeds. The proposed conservation easement on this property has not yet been recorded. Table 5: Site Protection Instrument — Catfish Pond Mitigation Site All site protection instruments require 60 -day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. 4.0 Regulatory Considerations Table 6, below, is a summary of regulatory considerations for the Site. These considerations are expanded upon in Sections 4.1-4.3. A copy of the signed Categorical Exclusion Form for the project can be found in the Catfish Pond Stream Mitigation Plan Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 7 July 2019 Site Protection Deed Book and Acreage Landowner PIN County Instrument Page Number to be Protected Gary Penny 0827-02-67-0407 DB: 8235 Jack B. Penny, Jr Durham CE 20.73 0827-02-68-0515 PG: 776-780 Richard Penny All site protection instruments require 60 -day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. 4.0 Regulatory Considerations Table 6, below, is a summary of regulatory considerations for the Site. These considerations are expanded upon in Sections 4.1-4.3. A copy of the signed Categorical Exclusion Form for the project can be found in the Catfish Pond Stream Mitigation Plan Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 7 July 2019 Table 6: Project Attribute Table — Catfish Pond Mitigation Site Regulatory Considerations Parameters Applicable? Resolved? Supporting Docs? Water of the United States - Section 404 Yes Yes (Appendix) seacoasts, and rivers Vascular Plant Smooth coneflower Site Viability Letter Water of the United States - Section 401 Yes Yes (Appendix) Michaux's sumac Woodland edges, woodland, sandhills and sandy Site Viability Letter E forest. Catfish Pond Stream Mitigation Endangered Species Act Yes Yes Plan Appendix (Categorical Exclusion) Catfish Pond Stream Mitigation Historic Preservation Act Yes Yes Appendix (Categorical Exclusion) Coastal Zone Management Act No No N/A FEMA Floodplain Compliance Yes In Process N/A Essential Fisheries Habitat No N/A N/A 4.1 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) database were searched for federally listed threatened and endangered plant and animal species in Durham County, NC. Three federally listed species, the bald eagle (Haliaeetus Ieucocephalus), smooth coneflower (Echinacea Iaevigata), and Michaux's sumac (Rhus michauxii) are currently listed in Durham County. Table 7 lists their federal status and habitat. Table 7: Listed Threatened and Endangered Species in Durham County, NC — Dry Creek Mitigation Site Species Federal Status Habitat Vertebrate Bald eagle Near large open water bodies: lakes, marshes, (Haliaeetus leucocephalus) BGPA seacoasts, and rivers Vascular Plant Smooth coneflower Glades, woodlands, cedar barrens and open areas (Echinacea Iaevigata) E over mafic rocks. Michaux's sumac Woodland edges, woodland, sandhills and sandy (Rhus michauxii) E forest. E = Endangered; BGPA=Bald & Golden Eagle Protection Act The USFWS does not currently list any Critical Habitat Designations for any of the Federally listed species within Durham County. Wildlands requested review and comment from the United States Fish and Wildlife Service on February 9, 2018 in respect to the Catfish Pond Mitigation Site and its potential impacts on threatened or endangered species. USFWS responded on March 2, 2018 and stated the "proposed action is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat or species currently proposed for listing under the Act". All correspondence with USFWS is include in the approved Categorical Exclusion found in the Catfish Pond Stream Mitigation Plan A pedestrian survey conducted on April 13, 2018 indicated that the Site provides suitable habitat for the smooth coneflower and Michaux's sumac but no species were identified on the site. Therefore, Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 8 July 2019 Wildlands determined that the project would have "no effect: on any of the three federally listed species. 4.2 Cultural Resources and Significant Natural Heritage Areas The National Historic Preservation Act declares a national policy of historic preservation to protect, rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, history, archaeology, and culture, and Section 106 mandates that federal agencies take into account the effect of an undertaking on a property that is included in, or is eligible for inclusion in, the National Register of Historic Places. There are no existing structures in the project area. The Site is not located near any sites listed on the National Register with the State Historic Preservation Office (SHPO). SHPO was contacted in a letter dated February 9, 2018 and had no concerns or comments on the project site. The approved Categorical Exclusion for the project is located in the Dry Creek Stream Mitigation Plan. 4.3 FEMA Floodplain Compliance The project is within the FEMA FIRM panel 3720082700J, effective October 19, 2018. The streams within the project limits are outside the Special Flood Hazard Area with the exception of the lower extent of Catfish Creek. Approximately 400 feet of Catfish Creek experiences backwater from Mountain Creek floodplain and lies within Zone AE. The project design has been developed to avoid hydrologic trespass to adjacent property. The E2 approach minimizes change to the profile and cross section, thus reducing the risk of changes to flooding. Wildlands will coordinate with Durham County to obtain a floodplain development permit, if necessary. 4.4 Other Environmental Issues An EDR Radius Map Report with Geocheck was ordered for the Site through Environmental Data Resources, Inc. on January 29, 2018. The target property and the adjacent properties are not listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There were no known or potential hazardous waste sites identified within one mile of the Parcel. Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 9 July 2019 5.0 Determination of Credits Mitigation credits presented in Table 8a and 8b and Figures 6 and 9are projections based upon site design and are intended to be used as either riparian buffer credits or nutrient offset credits, dependent on the need. Upon completion of site construction, the project components and credits data will be revised to be consistent with the as -built condition. Table 8a: Buffer Project Areas and Assets: Riparian Buffer Credits — Catfish Pond Mitigation Site Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 10 July 2019 Min - Initial Final Max Riparian Buffer Jurisdictional Restoration Requested Feature Total Area Creditable Credit o / Full Credit Buffer Credits Streams Type Credit Type Name (sf) Area (sf) Ratio Credit Ratio Width (gMU) (x:1) (x:1) (ft) 30-49 5,598 5,598 1 100% 1.0000 5,598.000 Catfish Creek, Subject or Nonsubject Restoration Stream Mountain 50-100 254,366 254,366 1 100% 1.0000 254,366.000 Tributary, and UT1 101-200 1,424 1,424 1 33% 3.03030 469.920 Catfish 0-100 521,936 521,936 2 100% 1.0000 260,968.000 Enhanceme Creek, Subject or nt via Cattle Stream Mountain Nonsubject Exclusion Tributary, UT1, UT2 101-200 5,610 5,610 2 33% 6.06061 925.649 Total: 522,327.570 Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 10 July 2019 Table 8b: Buffer Project Areas and Assets: Convertible to Nutrient Offset Credits — Catfish Pond Mitigation Site *The above creditable areas all meet the 50 -foot minimum width for nutrient offset credits. Small sections along Catfish Creek R7 (20 If), Mountain Tributary (26 If), and UT1 R1 (19 If), R2 (40 If, by crossing) & R4 (11 If) have buffer widths of 30-49 feet, and do not meet nutrient offset requirements. These can be seen when comparing Figure 6— Buffer Credit Calcs Map with Figure 9 — Nutrient Offset Map and represent the differences between buffer credit area and nutrient credit area. This difference totals 5,597 sf. ** Impacts that occur in the watershed of Falls Lake in the upper Neuse River Basin may be offset only by load reductions in the same watershed; 15A NCAC 02B .0282 (2) (Figure 10) Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 11 July 2019 Buffer Eligible Convertible to Nutrient Nutrient Jurisdictional Restoration Reach ID / Creditable Creditable Location Width Credit Area Nutrient offset Offset: N Offset: P Streams Type Component Area (ac)* Area (sgft) (ft) (ac)** (Yes or No) (Ibs) (Ibs) Catfish Creek, Rural or Subject or Restoration Mountain 0-200 5.8722 255,790 5.8722 Yes 13,347.464 859.680 Urban Nonsubject Tributary, and UT1 Total 13,347.464 859.680 *The above creditable areas all meet the 50 -foot minimum width for nutrient offset credits. Small sections along Catfish Creek R7 (20 If), Mountain Tributary (26 If), and UT1 R1 (19 If), R2 (40 If, by crossing) & R4 (11 If) have buffer widths of 30-49 feet, and do not meet nutrient offset requirements. These can be seen when comparing Figure 6— Buffer Credit Calcs Map with Figure 9 — Nutrient Offset Map and represent the differences between buffer credit area and nutrient credit area. This difference totals 5,597 sf. ** Impacts that occur in the watershed of Falls Lake in the upper Neuse River Basin may be offset only by load reductions in the same watershed; 15A NCAC 02B .0282 (2) (Figure 10) Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 11 July 2019 6.0 Mitigation Work Plan The Wildlands Team proposes to restore high quality ecological function to Catfish Creek and three unnamed tributaries on the Site. Riparian restoration and enhancement will occur adjacent to mitigated stream onsite. The ecological uplift can be summarized as transforming agriculturally impacted areas to a protected forested riparian corridor. The project design will ensure that no adverse impacts to wetlands or existing riparian areas occur. All riparian restoration activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the implementation of the Catfish Pond Stream Mitigation Plan. Figure 7 illustrates the conceptual design for the Site. More detailed descriptions of the proposed restoration activity follow in Sections 6.1 through 6.3. 6.1 Parcel Preparation An in-line pond on Catfish Creek will be removed as part of the stream restoration. Stream restoration through the pond is shown on plan sheet 2.6 in Appendix 7. The earthen dam is proposed to be removed and a portion of the dam will be used to fill the pond bottom to provide a stable foundation for construction of the new channel. The remainder of the excavated material will be used to fill portions of the old channels in other areas of the site. Once the dam is removed, the stream restoration will begin near the upstream extent of the existing impoundment. Below the existing dam the restored channel will follow the existing alignment until it reaches the confluence with UT1. Further details on pond removal are provided on plan sheet 6.10 in Appendix 7. There are no additional permits necessary outside of the 401/404 permits for the pond removal. The restoration areas will be planted using hand labor with dibble bars or other acceptable forestry practices. Several invasive species have been identified on site. During the construction for the Catfish Pond Stream Mitigation Plan, dense areas of invasive species will be treated. 6.2 Riparian Area Restoration Activities The revegetation plan for the riparian restoration area will include permanent seeding, planting bare root trees, live stakes, and herbaceous plugs. These revegetation efforts will be coupled with treating invasive species. The specific species composition to be planted was selected based on the community type, observation of occurrence of species in riparian areas adjacent to the Parcel, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Tree species planted across the riparian areas of the site will include a mixture of the following species: American sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), river birch (Betula nigra), eastern cottonwood (Populus deltoids), willow oak (Quercus phellos), Shumard oak (Quercus shamardii), swamp chestnut oak (Quercus michauxii), white oak (Quercus alba), overcup oak (Quercus lyrata), possumhaw viburnum (Viburnum nudum), Allegheny serviceberry (Amelanchier laevis), and red buckeye (Aesculus pavia). Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. A planting plan is provided on plan sheet 5.0 — 5.7 in Appendix 7. No one tree species will be greater than 50% of the established stems. An appropriate seed mix will also be applied as necessary to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events in disturbed areas. This will be followed by an appropriate permanent seed mixture. Planting is scheduled to begin in January 2020. Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 12 July 2019 Vegetation management and herbicide applications may be needed during tree establishment in the restoration areas to prevent establishment of invasive species that could compete with the planted native species. An invasive species plan is provided in Appendix 8. 6.3 Riparian Area Enhancement Activities Cattle will be excluded using permanent fencing in the buffer enhancement areas (Figure 7) as followed by 15A NCAC 02B .0296(o). The enhancement area will be protected in perpetuity under a conservation easement. Planting isn't anticipated to be needed except where require in the stream mitigation planting plan, which is included with the preliminary plans. A seed mix will be applied where cattle have caused bare soils and removed all vegetation if sufficient sunlight is possible to grow the species in the seed mix. Cattle will be fenced out of the easement area. The proposed fencing boundary is shown in Figure 6. 7.0 Performance Standards The performance criteria for the Site follows approved performance criteria presented in the guidance documents outlined in RFP 16-007242 and the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual monitoring and semi-annual site visits will be conducted to assess the condition of the finished project. The riparian restoration project has been assigned specific performance criteria components for vegetation. Performance criteria will be evaluated throughout the five-year post -construction monitoring. An outline of the performance criteria components follows. 7.1 Vegetation The final vegetative success criteria will be the health, survival, and density of at least 260 stems per acre at the end of the fifth year of monitoring, with a minimum of four native hardwood tree or shrub species composition and no one species comprises more than 50 percent of stems. Vigor, species composition, and density will all be assessed. The extent of invasive species coverage will also be monitored and controlled as necessary throughout the required monitoring period. 7.2 Photo Reference Stations Photographs will be taken within the project area once a year to visually document stability for five years following construction. Permanent markers will be established and located with GPS equipment so that the same locations and view directions on the Site are photographed each year. 7.3 Visual Assessments Visual assessments should support the specific performance standards for each metric as described above. Visual assessments will be performed within the Site on a semi-annual basis during the five-year monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation mortality, invasive species or encroachment). Areas of concern will be mapped and photographed accompanied by a written description in the annual report. Problem areas with be re-evaluated during each subsequent visual assessment. Should remedial actions be required, recommendations will be provided in the annual monitoring report. To ensure compliance with 0295 (0) (6): A visual assessment of the cattle exclusion and preservation areas within the conservation easement will also be performed each year to confirm: • Fencing is in good condition throughout the site; no cattle access within the conservation easement area; no encroachment has occurred; diffuse flow is being maintained in the conservation easement area; and there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the riparian area. Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 13 July 2019 • Any issues identified during the visual assessment of the cattle exclusion and preservation areas will be photographed and mapped as part of the annual monitoring report with remedial efforts proposed or documented. 7.4 Reporting Performance Criteria Using the DMS Riparian Buffer and Nutrient Offset Buffer Baseline and Annual Monitoring Report Template version 2.0 (May 2017), a baseline monitoring document and as -built record drawings of the project will be developed for the constructed Site. Complete monitoring reports will be prepared in the fall of each monitoring year and submitted to DMS. Annual monitoring reports will be based on the above referenced DMS Template (May 2017). The monitoring period will extend five years beyond completion of construction or until performance criteria have been met. 7.5 Maintenance and Contingency Plans The Wildlands Team will develop necessary adaptive measures or implement appropriate remedial actions in the event that the Site or a specific component of the Site fails to achieve the success criteria outlined above. The project -specific monitoring plan developed during the design phase will identify an appropriate threshold for maintenance intervention based on the monitored items. Any actions implemented will be designed to achieve the success criteria specified previously, and will include a work schedule and updated monitoring criteria (if applicable). 8.0 Monitoring Plan The Site monitoring plan has been developed to ensure that the required performance standards are met and project goals and objectives are achieved. The monitoring report shall provide project data chronology that will facilitate an understanding of project status and trends, ease population of DMS databases for analysis and research purposes and assist in close-out decision making. 8.1 Monitoring Components Project monitoring components are listed in more detail in Table 9 and Figure 8. 8.2 Vegetation Vegetation monitoring quadrants will be installed across the Site to measure the survival of the planted trees (Figure 8). Planted stems in the monitoring plot will all be flagged. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed, and will be reassessed annually no earlier than the Fall of each year. Species composition, density, and survival rates will be evaluated on an annual basis by plot and for the entire site. The number of monitoring quadrants required and frequency of monitoring will be based on the DMS monitoring guidance documents. Vegetation monitoring will follow the CVS-EEP Protocol for Recording Vegetation (2008) or another DMS approved protocol. Reference photographs of the vegetation plots and Site will be taken during the annual vegetation assessments. Planted vegetation must average 7 feet in height at the end of MY5. Survival rate will be 320 stems per acre at MY3 and 260 stems per acre at MYS. 8.3 Photo reference stations Photographs will be taken within the project area once a year to visually document stability for five years following construction. Permanent markers will be established and located with GPS equipment so that the same locations and view directions on the Site are photographed each year. 8.4 Visual Assessment Visual assessments will be performed within the Site on a semi-annual basis during the five-year monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation mortality, invasive species or encroachment). Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 14 July 2019 Table 9: Monitoring Components — Catfish Pond Mitigation Site Parameter Monitoring Feature Quantity Frequency Vegetation CVS Level 2 5 Annual Visual Assessment and maintained along Yes Semi -Annual Exotic and nuisance vegetation boundary and for maintaining or boundary needs to be marked, or Semi -Annual Project Boundary clarification is needed regarding a protected by the Semi -Annual 9.0 Long -Term Management Plan The Site will be transferred to the North Carolina Department of Environmental Quality (NCDEQ) Stewardship Program. This party shall serve as conservation easement holder and long-term steward for the property and will conduct periodic inspection of the site to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship Program is developing an endowment system within the non -reverting, interest-bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statue GS 113A - 232(d)(3). Interest gained by the endowment fund may be used for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The Stewardship Program will periodically install signage as needed to identify boundary markings as needed (Table 10). Any future livestock or associated fencing or permanent crossings will be the responsibility the owner of the underlying fee to maintain. Table 10: Long-term Management Plan — Catfish Pond Mitigation Site Long -Term Management Activity Long -Term Manager Responsibility Landowner Responsibility The landowner shall report damaged or Signage will be installed The long-term steward will be missing signs to the long-term manager, as and maintained along responsible for inspecting the Site well as contact the long-term manager if a the Site boundary to boundary and for maintaining or boundary needs to be marked, or denote the area replacing signage to ensure that the clarification is needed regarding a protected by the conservation easement area is clearly boundary location. If land use changes in recorded conservation marked. future and fencing is required to protect easement. the easement, the landowner is responsible for installing appropriate approved fencing. The long-term manager will be responsible for conducting annual The Site will be inspections and for undertaking protected in its entirety actions that are reasonably calculated The landowner shall contact the long-term and managed under to swiftly correct the conditions manager if clarification is needed regarding the terms outlined in constituting a breach. The USACE, and the restrictions associated with the the recorded their authorized agents, shall have the recorded conservation easement. conservation right to enter and inspect the Site and easement. to take actions necessary to verify compliance with the conservation easement. Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 15 July 2019 10.0 Adaptive Management Plan Upon completion of Site construction, Wildlands will implement the post -construction monitoring defined in Section 8. Project maintenance will be performed during the monitoring years to address minor issues as necessary. If, during annual monitoring it is determined the Site's ability to achieve Site performance standards are jeopardized, Wildlands will notify the members of DMS/NCDWR and work with the DMS/NCDWR to develop contingency plans and remedial actions. The Wildlands Team will develop necessary adaptive measures or implement appropriate remedial actions in the event that the Site or a specific component of the Site fails to achieve the success criteria outlined above. The project -specific monitoring plan developed during the design phase will identify an appropriate threshold for maintenance intervention based on the monitored items. Any actions implemented will be designed to achieve the success criteria specified previously and will include a work schedule and updated monitoring criteria (if applicable). 11.0 References Natural Resources Conservation Service (NRCS). Web Soil Survey of Durham County. http://websoiIsurvey.nres.usda.gov/app/HomePage.htm North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications. http://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications North Carolina Geological Survey (NCGS), 1985, Geologic Map of North Carolina: Raleigh, North Carolina Department of Natural Resources and Community Development, Geological Survey Section, scale 1:500,00, in color. NCGS, 2013. Mineral Resources. http://deq.nc.gov/about/divisions/energy-mineral-land- resources/north-carolina-geological-survey/mineral-resources North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database, Durham County, NC. United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Durham County, NC. https://www.fws.gov/raleigh/species/cntylist/durham.html Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100039 Page 16 July 2019 t :1010201040010 RougemolAAM .... Farm and Ranch h' nu ores ram gr og ro �0300QIIM21 i1i range Aill Forest/ D. C. Umstead Store and Hous; Conservan 03020201010050 Aquatic Habitat tkur�ham.Cou nty- Open Space, MarcusMilAy e_rv_a�ion Reserve Enhancement Program FeWd . spryajin 'Y reserve 03d2j261W0d,' ADrange, Fat 4 Z4 '03020�0!030?�O: ......... Project Location Targeted Local Watershed County Boundaries NC Historic Preservation Areas Municipal Boundaries NC Natural Heritage Program Managed Areas Cree Hydrologic Unit Code (14 -Digit) Significant Natural Heritage Areas . . . . . Water Supply Watershed �303cl Listed Streams Water Features Figure lVicinity Map WILDLANDS 0 0.75 1.5 Miles Catfish Pond Mitigation Site sms/wssmwo Riparian Buffer Mitigation Plan [N Neuse River Basin 030I0201 P.. �♦ �r I P M Project Location :Proposed Conservation Easement Existing Wetlands Existing Stream Crossings Project Streams Perennial Streams Intermittent Streams Non Project Streams O Reach Breaks �, ; At 41 .c I 1a13J3LJ J' , •� A 4r4i• ♦ I' 1 iJ ,� 1 �.a* , , d �i ^� - .. � ' ✓ / i / ice.,'» " x Figure 2 Site Map W I L D L A N D S 0 250 500 Feet Catfish Pond Mitigation Site E N G I N E E R I N G I i I i I Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC Project Location 'Proposed Conservation Easement . g i aF 3 x„ ti Qs � ; •' ` , ♦ r t J ti Rougemont USGS 7.5 -Minute Topographic Quadrangle _ �• WILDLANDS %�p ENGINEERING 0 500 1,000 Feet I I I I I Figure 3 USGS Topographic Map Riparian Buffer Mitigation Plan Catfish Pond Mitigation Site Neuse River Basin 03020201 Durham County, NC Figure 4 Watershed Map W I L D L A N D S 0 300 600 Feet Catfish Pond Mitigation Site ENGINEERING I I I I I Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC Proposed Conservation Easement : Project Streams fAsc Gel Non Project Streams '." Ch Noir Ca l 7 e1✓Geb NaD GeD I GeD r " WTl e'€ � .: GeC -g -.._GeC GeB DaC Soil Survey of Durham County, NC - 1976 tvv WILDLANDS ENGINEERING Geb M- 0 300 600 Feet I I I A r �I H'IrB Fa R Figure 5 NRCS 1976 Soils Map Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC Figure 6 Riparian Buffer Credit Calculation Map W I L D L A N D SCatfish Pond Mitigation Site ENGINEERING ,���✓/ 0 400 800 Feet Riparian Buffer Mitigation Plan I I i I i k Neuse River Basin 03020201 Durham County, NC Figure 7 Riparian Buffer Zones Map W I L D L A N D S 0 250 500 Feet Catfish Pond Mitigation Site ENGINEERING I I I I I Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC W I L D L A N D S 0 400 800 Feet %0 E N G I N E E R I N G I i I i I Figure 8 Proposed Monitoring Components Map Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC Figure 9 Nutrient Offset Zones Map W I L D L A N D S 0 250 500 Feet Catfish Pond Mitigation Site ENGINEERING I I I I I Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC Project Location A £ �1 Proposed Conservation Easement *' Stream Mitigation (1.98 Ac) w Buffer Restoration (TOB -49 ft - 0.128 Ac) Buffer Restoration/Nutrient Offset (TOB -100 ft - 5.839 Ac) Buffer Restoration/Nutrient Offset (101-200 ft - 0.033 Ac) •, why , Buffer Enhancement (TOB -100 - 11.98 Ac) w Buffer Enhancement (101-200 ft - 0.13 Ac) a V ► No Credit (0.6 ac) � Q n Proposed Fencing k + • ti:-��r � "mss � � U . ' f � �.f� lJ TA( V 4 .L ^�,+ * I r / to OwWILDLANDS ' ENGINEERING , i All Figure 9a Convertible Nutrient Offset Areas 0 200 400 Feet Catfish Pond Mitigation Site ISI , I Neuse River Basin 03020201 Durham County, NC WILDLANDS kt ENGINEERING 0 5 10 Miles I I I A Figure 10 Service Area Map Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC F � j V = - County Boundaries Angr m mniiti:I1 / _-'I �' •, c 0 Service Area Riparian Buffer Credits 'o Service Area Nutrient Offset Credits Buies creek Coats i Catfish Pond Mitigation Site ------ -- ----7--�Y-- ' r lii;�a rt c Envin s Creedmoor / I r rI L:ui u -balo 1 h.l.� � J - Shcsa Ilill I., a..i idi d�4 Lumbe t erne« Sdtsa Spring Lakef- .a urham �� 62 ff C�Q Fort Bragg '.'.,1,-. f west � Nashvi Furl 6ragg .. 011,11 1? Mill -L-y i Cary .' Knightdale Raleigh Wendell - Pittsboro °� r Apex HUC 03020201 .400y Jordan Lake I Holly Lake prings 8ensan Clayton Npr Uay- WILDLANDS kt ENGINEERING 0 5 10 Miles I I I A Figure 10 Service Area Map Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC F � Angr m mniiti:I1 / �' Raven '6101,F / Sanford Rock Rale Palo 'o T I Buies creek Coats i Lillington c� [ia Y�. � q l J sborr lii;�a rt c Envin s Wa Ikertown I Coh I I I I h.l.� � J - Shcsa �dl 11 d�4 Lumbe t erne« Sdtsa Spring Lakef- C�Q Fort Bragg j Furl 6ragg .. WILDLANDS kt ENGINEERING 0 5 10 Miles I I I A Figure 10 Service Area Map Catfish Pond Mitigation Site Riparian Buffer Mitigation Plan Neuse River Basin 03020201 Durham County, NC Appendix 12-a Catfish Pond Existing Conditions Photographs Catfish Creek (R1 -R2) - August 2018 Catfish Creek (R3) - August 2018 Catfish Pond Mitigation Site Appendix 12-a DMS ID No. 100039 January 2019 7711"W72, l sw LPS .T � �, - ��� ��• _ tis_ _ Mountain Tributary - April 2018 UT1 (R1)- August 2018 Catfish Pond Mitigation Site Appendix 12-a DMS ID No. 100039 January 2019 1, '�ldi.4,ti'�J�fsN � sc—.."�': x.sr E7�:a���'r,',�'r y�, •. � - ... .. - UT1 (R1)- August 2018 Catfish Pond Mitigation Site Appendix 12-a DMS ID No. 100039 January 2019 Feature D - August 2018 UT2 - August 2018 Catfish Pond Mitigation Site DMS ID No. 100039 Appendix 12-a January 2019 Catfish Pond livestock - August 2018 Catfish Pond Mitigation Site DMS ID No. 100039 Appendix 12-a January 2019 Water Resources ENVIRONMENTAL QUALITY March 13, 2018 Wildlands Engineering, Inc. Attn: John Hutton 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 (via electronic mail: scott6a)waterlandsolutions.com ) ROY COOPER Uovernoi MICHAEL S. REGAN LINDA CULPEPPER hNcrim Uirccler DWR ID# 2018-0196 Johnston County Re: Site Viability for Buffer Mitigation & Nutrient Offset — Catfish Pond Site Off US -501 (36.158391, -78.907343) Neuse 03020201 (Falls Lake WS) Durham County Dear Mr. Hutton, On February 23, 2018, Katie Merritt, with the Division of Water Resources (DWR), assisted you and others from Wildlands Engineering, Inc. at the proposed Catfish Pond Mitigation Site (Site) in Bahama, NC. The Site is located in the Falls Lake WS of the Neuse River Basin within the 8 - digit Hydrologic Unit Code 03020201. The Site is being proposed as part of a full -delivery stream restoration project for the Division of Mitigation Services (RFP #16-007279). Members of the Interagency Review Team (IRT) and Division of Mitigation Services were also present onsite. At your request, on February 23, 2018, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams and ditches onsite, which are shown on the attached map labeled "Figure 6A Concept Map". Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) out to 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 'Subiect Riparian Land uses Buffer ZNutrient Mitigation T e Determination w in riparian to Buffer areas adjacent to Feature Credit Offset Viable Rule 0-200' Viable at 2,273 lbs acre UTI Stream & Yes Combination of Yes° Yes (non- Fields - Restoration Site per 15A NCAC 02B Wetland (where forested and forested fields .0295 (n) complex stream is non/forested pasture only) Proposed for restored) grazed by cattle Forested Areas - Enhancement Site per 15A stream NCAC 02B .0295 (o) (6) restoration Crossing 1 has impeded flow and Crossing 2 is severely perched with impeded flow. Both crossings need be repaired/replaced. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Catfish Pond Full -Delivery Site Wildlands March 13, 2018 Feature Classification 'Subiect Riparian Land uses Buffer ZNutrient Mitigation Type Determination w/in riparian to Buffer adjacent to Feature areas Credit Offset Viable Rule 0-200' at 2,273 Viable lbs acre D Ditch No Non -forested pasture *See Yes Fields - Restoration Site per 15A NCAC 02B grazed by cattle Note .0295 (n) *The ditch meets 15A NCAC 0213 .0295 (o)(8) (A, B, C & E). More information is needed for complete assessment. Catfish Stream Yes Combination of Yes4 Yes (non- Fields - Restoration Site per 15A NCAC 02B Creek forested and forested fields .0295(n) non/forested pasture only) grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 026 .0295 (o) (6) Crossing 3 has impeded flow and needs to be repaired/replaced Catfish In-line pond Yes Combination of *Yes4 Yes (non- Fields - Restoration Site per 15A NCAC 02B Pond (proposed forested and forested fields .0295 (n) for stream non/forested pasture only) Restoration) grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 0213 .0295 (o) (6) *If stream channel is created & restored through the pond, the new riparian areas will be viable as a Restoration Site UT2 Stream Yes Mostly forested Yes4 Yes (non- Fields - Restoration Site per 15A NCAC 02B pasture with some forested fields .0295 (n) open canopy areas only) and grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) Mountain Stream Yes Mostly forested Yes4 Yes (non- Fields - Restoration Site per 15A NCAC 02B Tributary pasture with some forested fields .0295 (n) open canopy areas only) and grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) 'Subjectivity calls for the features were determined by DWR in correspondence dated March 12, 2018 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site to comply with this rule. 'The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). P#rc 213 Catfish Pond Full -Delivery Site Wildlands March 13, 2018 The attached map (Figure 6A Concept Map) showing the project site and features was provided by Wildlands Engineering and was initialed by Ms. Merritt on March 13, 2018. There were at least 3 crossings that need to be repaired or replaced to allow for aquatic passage and continuous hydrologic connectively throughout the stream/s. This letter should be provided in any future stream, wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. For any areas generating wetland mitigation credit, no buffer or nutrient offset credit can be generated. This viability assessment will expire on March 13, 2020 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. KAH/km Attachments: Figure 6A Concept Map cc: File Copy (Katie Merritt) DMS - Jeff Schaffer (via electronic mail) Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 313 Figure 6A Concept Map (Option 1) W I L D L A N D S 0 500 Feet` eCatfish Pond Mitigation Site ENGINEERING �(��-1Veuse River Basin 03020201 ^Q\ Durham County, NC v—