GWM MITIGATION BANK MADEWOOD TRACT ASSUMPTION PARISH, LOUISIANA
BANKING INSTRUMENT
April 2020
Bottomland Hardwood Re-establishment and Rehabilitation Project
Sponsored By:
GWM, L.L.C. 919 Sweets Lane Baton Rouge, LA 70808
Agent: Delta Resource Management, LLC 36504 Hwy 30 Geismar, LA 70734 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
TABLE OF CONTENTS I. PURPOSE OF MBI ...... 4 II. LOCATION AND OWNERSHIP OF BANK PROPERTY (PROPERTY) ...... 4 A. Property Location ...... 4 B. Property Ownership ...... 5 C. Property Legal Definition ...... 5 D. Recorded Liens, Encumbrances, Easements, Servitudes or Restrictions ...... 8 III. RESPONSIBILITIES OF PARTIES ...... 9 A. The Owner ...... 9 B. The Sponsor ...... 10 C. The IRT ...... 11 D. The Holder of Conservation Servitude (Holder) ...... 12 E. Long-Term Steward (Steward) ...... 12 IV. GOALS AND OBJECTIVES ...... 12 V. PERFORMANCE STANDARDS ...... 12 VI. MONITORING PLAN AND REPORTING PROTOCOLS ...... 13 A. Monitoring ...... 13 B. Reporting Protocols ...... 13 VII. CONTINGENCIES AND REMEDIAL ACTIONS...... 13 A. Adaptive Management ...... 13 B. Notice of Deficiency ...... 14 C. Conditions for Suspending Credit Sales ...... 14 D. Catastrophic Events including Natural Disasters and Unlawful Acts ...... 15 E. Financial Responsibilities ...... 16 VIII. INSPECTION BY IRT AND HOLDER ...... 16 IX. FUNDING ...... 16 A. Construction and Establishment (C&E) Funds ...... 16 B. Long Term Maintenance/Management Funds ...... 17 X. LONG-TERM PROTECTION AND MAINTENANCE ...... 18 A. Conservation Servitude ...... 18 B. The Long-term Maintenance Plan ...... 20 XI. BANK USE ...... 20 A. Bank Service Area ...... 21 B. Projects Eligible to Use the Bank ...... 21 C. Determination of Bank Credits ...... 21 D. Schedule of Credit Availability ...... 21 E. Credit Transactions ...... 21 F. Requirements for Initial Credit Release ...... 23 G. Subsequent Credit Releases ...... 24 XII. MODIFICATION OF THIS MBI ...... 24 A. Minor Modification to MBI ...... 24 B. Major Modifications to the MBI ...... 24 C. Termination of This MBI ...... 26 D. Termination of Participation ...... 27 XIII. TRANSFER OF PROPERTY OR SPONSORSHIP ...... 28
Page 2 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument A. Transfers of Bank Property ...... 28 B. Transfer of Sponsorship ...... 29 XIV. ESTABLISHMENT OF STEWARD ...... 31 XV. BANK LIFE ...... 31 XVI. OTHER PROVISIONS ...... 31 A. Disclaimer and Notice...... 31 B. Warranties and Representations of Owner/Sponsor/Holder...... 32 C. Compliance with Laws...... 32 D. Non-reporting NWP...... 32 E. Dispute Resolution...... 32 F. Overall Performance...... 33 G. Specific Language of MBI Shall Be Controlling...... 33 H. Notice...... 33 I. Entire Agreement ...... 34 J. Invalid Provisions...... 34 K. Headings and Captions...... 34 L. Counterparts...... 35 M. Binding...... 35 N. Liability of Regulatory Agencies...... 35 XVII. SIGNATURE PAGES ...... 36
ATTACHMENTS
Attachment A - Summary Table and Maps Attachment B - Title Information Attachment C - Mitigation Work Plan Attachment D - Acceptance Letter Attachment E - LDNR Attachment
Page 3 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument MITIGATION BANKING INSTRUMENT
GWM Mitigation Bank – Madewood Tract
This Mitigation Banking Instrument (MBI) establishing the GWM Mitigation Bank - Madewood Tract (Bank) is made and entered into by and among GWM, L.L.C. (Sponsor), Madewood Incorporated (Owner) and the Interagency Review Team (IRT) composed of the U.S. Army Corps of Engineers New Orleans District (CEMVN), Region VI of the U.S. Environmental Protection Agency (EPA), the Louisiana Department of Natural Resources (LDNR) and the Louisiana Department of Wildlife and Fisheries (LDWF). This MBI is a binding agreement among the parties and incorporates the detailed Mitigation Work Plan and any other specified attachments to this MBI as a part hereof.
I. PURPOSE OF MBI
This MBI sets forth guidelines and responsibilities for the establishment, use, operation, protection, monitoring and maintenance of the Bank to assure the proposed work associated with the Bank produces the necessary mitigation credits to compensate for unavoidable impacts to waters of the United States, including wetlands, that result from activities authorized by the Department of the Army (DA) pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act (through DA permits), provided such activities have met all applicable requirements and are authorized by the appropriate regulatory agencies pursuant to 33 CFR 332.1 et seq. The Bank may also be used to satisfy the environmental requirements of other programs in accordance with the requirements and limitations of 33 CFR 332.3 and Section XI in this MBI and as such these environmental requirements are also subject to the requirements set forth in this MBI.
II. LOCATION AND OWNERSHIP OF BANK PROPERTY (PROPERTY)
A. Property Location
The Property is located at latitude 29.943591°N and longitude -90.978837°W (approximate center point) in Assumption Parish, Louisiana (Attachment A, Figures A-1 and A-2). This location includes all or portions of Sections 19, 20, 21, 22, 35, 36, 37, & 38, Township 13 South and Range 15 East. The Property is located approximately 2.5 miles E of Napoleonville, Louisiana. To reach the Property from I-10 take the Sorrento exit 182 to LA 22. Proceed south on LA 22 for 0.3 miles to LA 70. Turn left on LA 70 and continue south 17.2 miles to LA 70 spur. Turn left onto LA 70 spur and proceed 1.5 miles south to LA 308 near Paincourtville. Take a left on LA 308 and proceed east- southeast for 6.2 miles to the intersection of LA 308 and Madewood Road. Take a left on Madewood Road proceed east approximately 1.5 miles to the Bank.
Page 4 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument B. Property Ownership
The property owner is Madewood Incorporated (Owner). Madewood Incorporated is comprised of the Thibaut and Boyce family members who have owned the property since 1950.
C. Property Legal Definition
A certain parcel of land, designated as “GWM Mitigation Bank - Madewood Tract” located in Sections 19, 20, 21, 22, 35, 36, 37, & 38, Township 13 South, Range 15 East, Southeastern Land District, Parish of Assumption, State of Louisiana, containing 206.2 acres, together with all buildings and improvements thereon, and all of the rights, ways, privileges, servitudes, prescriptions, advantages and appurtenances thereunto belonging, or in anywise appertaining, situated as stated above and more fully described as follows:
The southwestern portion of the Bank, containing 18.8 acres, commencing at a point being the southerly most point of the subject Bank (herein defined as X=3393350.22’, Y=521095.03’, Louisiana State Plane South Zone 1702, NAD 83, US survey feet), said point being the “Point of Beginning”; thence N 48°49’47” W for a distance of 419.08’ to a point; thence N 49°47’50” E for a distance of 657.80’ to a point; thence N 49° 31’27” W for a distance of 625.18’; thence N 50°05’38” E for a distance of 708.69’ to a point; thence S 25°39’33” E for a distance of 1150.96’ to a point; thence S55°12’22” W for a distance of 917.41’ to a point, said point being the “Point of Beginning” containing 18.8 acres.
The southern portion of the Bank located between a 100 ft. overhead utility servitude and a 30ft. gas pipeline servitude, containing 19.4 acres, commencing at a point being the southerly most point of the subject Bank (herein defined as X=3393350.22’, Y=521095.03’, Louisiana State Plane South Zone 1702, NAD 83, US survey feet), thence N 55° 12’22” E for a distance of 1069.34’ to a point, said point being the “Point of Beginning”; thence N 25° 39’33” W for a distance of 2451.59’ to a point; thence N 47°38’34” E for a distance of 263.93’ to a point; thence S 30° 01’15” E for a distance of 278.93’ to a point; thence S 29° 45’37” E for a distance of 2185.71’ to a point; thence S 55° 12’22” W for a distance of 435.85’ to a point, said point being the “Point of Beginning” containing 19.4 acres.
The east half of the subject Bank, containing 128.0 acres, commencing at a point being the southerly most point of the subject Bank (herein defined as X=3393350.22’, Y=521095.03’, Louisiana State Plane South Zone 1702, NAD 83, US survey feet), thence N 55° 12’22” E for a distance of 1535.30’ to a point, said point being the “Point of Beginning”; thence N 29° 45’37” W for a distance of 2183.13’ to a point; thence N30°01’15” W for a distance of 285.56’ to a point; thence N 47° 38’34” E for a distance of 141.51’ to a point; thence N 38°34’34”W for a distance of 278.08’ to a point; thence N 44°50’48” W for a distance of
Page 5 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument 378.66’ to a point; thence N 29°58’10” W for a distance of 31.65’ to a point; thence N 45°07’10” E for a distance of 854.99’ to a point; thence N 40° 12’47” W for a distance of 537.21’ to a point; thence S 44° 51’49” W for a distance of 757.56’ to a point; thence N 30° 01’15” W for a distance of 1625.66’ to a point; ; thence N 38° 30’47” E for a distance of 548.41’ to a point; thence S 40° 21’46” E for a distance of 1395.30’ to a point; thence N 46° 46’49” E for a distance of 402.09’ to a point; thence S 50° 21’34” E for a distance of 364.18’ to a point; thence N 46° 44’47” E for a distance of 405.68’ to a point; thence S 74° 18’22” E for a distance of 68.81’ to a point; thence S 38° 14’42” E for a distance of 163.52’ to a point; thence S 40° 54’10” W for a distance of 241.24’ to a point; thence S 41° 43’17” E for a distance of 137.72’ to a point; thence S 40° 39’54” W for a distance of 204.09’ to a point; thence S 37° 03’44” E for a distance of 447.93’ to a point; thence S 45° 36’33” W for a distance of 457.09’ to a point; thence S 39° 10’56” E for a distance of 2886.46’ to a point; thence S 55° 12’22” W for a distance of 1439.21’ to a point, said point being the “Point of Beginning” containing 128.0 acres.
The middle portion of the Bank located on the west side of the overhead power line servitude, containing 4.2 acres commencing at a point being the southerly most point of the subject Bank (herein defined as X=3393350.22’, Y=521095.03’, Louisiana State Plane South Zone 1702, NAD 83, US survey feet), thence N 55° 12’22” E for a distance of 917.41’ to a point; thence N 25° 39’33” W for a distance of 1381.57’ to a point, said point being the “Point of Beginning”; thence N 46° 06’55” W for a distance of 1007.07’ to a point; thence N 47° 38’34” E for a distance of 367.46’ to a point; thence S 25° 39’33” E for a distance of 1049.15’ to a point, said point being the “Point of Beginning” containing 4.2 acres.
The northwestern portion of the Bank, containing 25.7 acres commencing at a point being the westerly most point of the subject Bank (herein defined as X=3391085.44’, Y=525437.31’, Louisiana State Plane South Zone 1702, NAD 83, US survey feet), said point being the “Point of Beginning”; thence N 38° 01’10” E for a distance of 605.40’ to a point; thence S 64° 48’41” E for a distance of 824.96’ to a point; thence S 25° 57’12” E for a distance of 686.84’ to a point; thence S 44° 51’49” W for a distance of 751.28’ to a point; thence N 40° 59’21” W for a distance of 1356.91’ to a point, said point being the “Point of Beginning” containing 25.7 acres.
The northern section located between a 100 ft. overhead utility servitude and a 30’ gas pipeline servitude, containing 10.1 acres, commencing at a point being the northerly most point of the subject Bank (herein defined as X=3392285.22’, Y=527036.08’, Louisiana State Plane South Zone 1702, NAD 83, US survey feet), thence S 38° 30’47” W for a distance of 580.65’ to a point, said point being the “Point of Beginning”, thence S 30° 01’15” E for a distance of 1621.94’ to a point; thence S 44° 54’58” W for a distance of 167.28’ to a point; thence N 25°57’12” W for a distance of 686.69’ to a point; thence N 64° 48’41” W for a distance of 870.76’ to a point; ; thence N 11° 32’41” W for a distance of 31.09’ to
Page 6 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument a point; thence N 38° 30’47” E for a distance of 644.51’ to a point, said point being the “Point of Beginning” containing 10.1 acres.
The perimeter of the southwestern portion of the Bank is defined by the following coordinates in decimal degrees:
Latitude 29.949099 N and Longitude –90.978106 W Latitude 29.933193 N and Longitude –90.979099 W Latitude 29.933978 N and Longitude –90.978027 W Latitude 29.935130 N and Longitude –90.979485 W Latitude 29.936722 N and Longitude –90.977285 W Latitude 29.933865 N and Longitude –90.975722 W
The perimeter of the southern portion of the Bank located between the 100’ overhead utility servitude and the 30’ gas pipeline servitude is defined by the following coordinates in decimal degrees:
Latitude 29.934102 N and Longitude –90.975327 W Latitude 29.940188 N and Longitude –90.978657 W Latitude 29.940675 N and Longitude –90.978039 W Latitude 29.940010 N and Longitude –90.977601 W Latitude 29.934783 N and Longitude –90.974195 W
The perimeter of the east half of the Bank is defined by the following coordinates in decimal degrees:
Latitude 29.934880 N and Longitude –90.974116 W Latitude 29.940051 N and Longitude –90.977519 W Latitude 29.940732 N and Longitude –90.977968 W Latitude 29.941386 N and Longitude –90.977140 W Latitude 29.942741 N and Longitude –90.978686 W Latitude 29.944063 N and Longitude –90.977153 W Latitude 29.932432 N and Longitude –90.978106 W Latitude 29.943721 N and Longitude –90.979937 W Latitude 29.947601 N and Longitude –90.983362 W Latitude 29.948778 N and Longitude –90.981410 W Latitude 29.945847 N and Longitude –90.978567 W Latitude 29.946601 N and Longitude –90.977639 W Latitude 29.945960 N and Longitude –90.976756 W Latitude 29.946722 N and Longitude –90.975821 W Latitude 29.946670 N and Longitude –90.975611 W Latitude 29.946316 N and Longitude –90.975293 W Latitude 29.945816 N and Longitude –90.975794 W Latitude 29.945533 N and Longitude –90.975505 W Latitude 29.945108 N and Longitude –90.975927 W Latitude 29.944123 N and Longitude –90.975078 W
Page 7 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument Latitude 29.943246 N and Longitude –90.976112 W Latitude 29.937078 N and Longitude –90.970377 W
The perimeter of northern section located between the 100’ overhead utility servitude and 30’ gas pipeline servitude is defined by the following coordinates in decimal degrees:
Latitude 29.943336 N and Longitude –90.980381 W Latitude 29.945039 N and Longitude –90.981325 W Latitude 29.946064 N and Longitude –90.983809 W Latitude 29.946148 N and Longitude –90.983828 W Latitude 29.947531 N and Longitude –90.982556 W Latitude 29.943661 N and Longitude –90.980006 W
The perimeter of northwestern portion of the Bank is defined by the following coordinates in decimal degrees:
Latitude 29.943027 N and Longitude –90.980735 W Latitude 29.941568 N and Longitude –90.982414 W Latitude 29.944391 N and Longitude –90.985214 W Latitude 29.945700 N and Longitude –90.984032 W Latitude 29.944728 N and Longitude –90.981678 W
The perimeter of middle portion of the Bank located on the west side of the 100’ overhead utility servitude is defined by the following coordinates in decimal degrees:
Latitude 29.937294 N and Longitude –90.977598 W Latitude 29.939220 N and Longitude –90.979883 W Latitude 29.939899 N and Longitude –90.979024 W
D. Recorded Liens, Encumbrances, Easements, Servitudes or Restrictions
Clear and merchantable title to the Property has been documented by a title report/policy (Attachment B) generated by Baronne Title Co., Inc. Bank lands totaling 206.2 acres are owned in fee title by Owner. No recorded liens, encumbrances, easements, or servitudes have been identified on the Bank. An existing Entergy (Formerly Louisiana Power & Light Company) overhead utility right of way (ROW) and a Spectra Entergy pipeline ROW bisect the Bank. Both ROW have been excluded from the Bank. The existing agricultural lease between Madewood, Inc. and Joel Landry d/b/a Landry farms has been amended to exclude the Bank. Further, Bank lands will not be identified as collateral in other business transactions.
Page 8 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
III. RESPONSIBILITIES OF PARTIES
A. The Owner
1. The Owner shall furnish satisfactory evidence of clear title prior to the execution of this MBI unless such evidence of clear title was previously provided by a former owner of the site pursuant to this MBI.
2. The Owner shall grant a perpetual conservation servitude over the Property in accordance with the Louisiana Conservation Servitude Act La. R.S. 9:1271 et seq., and 33 C.F.R. § 332.8(t). Upon execution of the conservation servitude, the Owner shall record it with an attached copy of this MBI in the conveyance records of Assumption Parish, unless such conservation servitude was previously executed and properly recorded by a former owner pursuant to this MBI. Proof of such recordation will be provided to the IRT within 15 days of filing. Mitigation credits will not be released until proof of recordation is received.
3. The Owner shall not allow any Prohibited Uses (as hereinafter defined) of the Property as set forth in this MBI and the conservation servitude.
4. To help ensure the long-term protection, operation and management of the Bank, the Property is to remain free and clear of all mortgages and encumbrances, except those identified in Section II. D. above. The owner shall not identify the Property as collateral for any loan or other encumbrance not listed above placed on or discovered to burden the Property, the Owner shall take all actions necessary to clear such encumbrance, including bringing any legal action necessary to resolve the underlying debt or dispute and to clear the exception from the Property title. If an encumbrance other than those listed above is placed on or is discovered to burden the Property, the Owner shall notify CEMVN of such encumbrance within fifteen (15) days of discovery. In the notification the Owner shall specify a plan to clear the encumbrance from the Property title.
5. The Owner shall grant the Sponsor access to the Property. Any limitations on such access are to be a matter of contract between the Owner and the Sponsor. The Owner will also allow access to the Property to IRT members and the Holder of the conservation servitude (Holder) in accordance with this MBI.
6. The Owner shall make periodic inspections of the Property of not less than once per year to verify that use of the Property is consistent with this MBI and the conservation servitude, and to inspect for any damage caused by flood, fire, storm, wind, accident, vandalism, negligence or other act or event that causes damage to the Bank.
7. In the event the Owner discovers a prohibited use or any damage to the Property, it shall notify the IRT and Sponsor within 15 days of its discovery of such use or damage.
Page 9 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument 8. The Owner shall notify the Sponsor and the IRT of any proposed transfer of the Property in accordance with the provisions of this MBI.
B. The Sponsor
1. Through contractual agreement with individual permit recipients, the Sponsor agrees to provide compensation to offset wetland impacts as required in DA Permits. Sponsor commits to enhancing and restoring wetland functions and maintaining wetland habitats in accordance with 33 CFR Part 332 and the provisions of this MBI.
2. The Sponsor agrees to assume the legal responsibility for compensatory mitigation requirements of each DA permit for which it transfers credits once the permittee has secured the appropriate number and type of credits from the Sponsor. For each credit sale the Sponsor shall provide to CEMVN a signed declaration (MBI reference XI.E. and Attachment D) that the Sponsor has accepted the responsibility for providing the required compensatory mitigation required by the DA Permits. The declaration shall specify the permit number and the type(s) and amount(s) of credits sold. If the sponsor fails to provide a permit’s required compensatory mitigation and/or if habitat represented by credits sold to a permittee fails to meet its success criteria and CEMVN determines that the Sponsor has failed to meet the requirements of this MBI with respect to such habitat, CEMVN may pursue enforcement measures against the Sponsor for non- compliance of the mitigation requirements of the corresponding DA permits.
3. The Sponsor agrees to perform all necessary work to establish, monitor and maintain aquatic habitats and buffers as described in the Mitigation Work Plan (Appendix C).
4. The Sponsor shall maintain accounting records, notify the CEMVN of credit sales, monitor the Bank for success, conduct remedial action as necessary to achieve success criteria, and provide this information to CEMVN in reports documenting Bank usage and the results of monitoring in accordance with 33 CFR Part 332 and the provisions of this MBI.
5. The Sponsor shall advise the IRT of any pending sale of the Bank or change in sponsorship at least 60 days prior to the effective date.
6. Prior to release of credits the Sponsor shall obtain all environmental documentation, permits, approvals and authorizations necessary to establish, operate and maintain the Bank. Approval of this MBI does not fulfill this requirement, or substitute, for such authorization.
7. Unless any of the responsibilities identified above are transferred, with prior approval of CEMVN, to a long-term steward. The Sponsor shall at all times remain responsible for: 1) the compensatory mitigation requirements for any DA permits for which it sold Bank credits; and 2) the long-term management, maintenance, monitoring and
Page 10 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument protection of the habitat represented by those credits as set forth in the MBI and the Mitigation Work Plan.
8. The Sponsor agrees that any activities conducted by the landowner and/or a third party exercising any real estate interest in the Property including, but not limited to, leases, easements, rights-of-way, mineral rights, or other servitudes, regardless of whether those interests have been subordinated to the conservation servitude, may result in CEMVN's determination to reduce available credits, to reduce potential credits, and/or to suspend or to terminate credit sales. The Sponsor agrees to coordinate and to consult with CEMVN and, if necessary, with the landowner and/or third party in order to avoid and to minimize any impacts resulting directly or indirectly from such activities. If activities of the landowner and/or third party result in any impacts whatsoever to the bank's habitat and/or its functions and services, the Sponsor agrees to be 100% responsible for ensuring the implementation of any and all corrective actions, remedial measures and/or compensatory mitigation, as well as any associated costs, deemed necessary by CEMVN to address such impacts, regardless of the entity causing such impacts, regardless of fault, and regardless of whether a permit for the activity causing the impacts is required by CEMVN. Such actions may include, among others, implementation of adaptive management requirements, the utilization of financial assurances, and the purchase of credits at an approved mitigation bank.
C. The IRT
CEMVN will serve as the chair of the IRT. For the Federal and State agency members of the IRT, participation in the review and oversight of this Bank is voluntary and subject to existing parameters of agency authority, agency regulations and agency funding. Concurrence with this MBI does not create any affirmative obligation to perform any specific action with respect to this Bank. Subject to the availability of staff and funds, the agencies represented on the IRT agree to:
1. Provide appropriate oversight in carrying out provisions of this MBI.
2. Provide comments on all project plans, proposed additions to land to the Bank, annual monitoring reports, credit review reports, contingency plans, and necessary permits for the Bank.
3. Review and confirm reports on evaluation of success criteria prior to approving credits or releasing escrow account funds.
4. Conduct compliance inspections as needed and recommend corrective measures (if any) to the Sponsor, until the terms and conditions of the MBI have been determined to be fully satisfied or until all credits have been sold, whichever is later.
5. Review, comment, and approve/disallow any modifications to this MBI.
Page 11 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument D. The Holder of Conservation Servitude (Holder)
1. The Holder agrees to hold and enforce the conservation servitude placed on those lands within the Bank subject to recorded perpetual conservation servitude.
2. The Holder shall notify CEMVN within 24 to 48 hours of the discovery of prohibited use on the Property or any action taken to void or modify the conservation servitude. The Holder shall take all reasonable and prudent steps to cure and to clear any prohibited uses on the property.
3. The Holder shall perform yearly inspections and provide annual reports as to compliance with the terms of the conservation servitude, the existence of any prohibited use on the Property, and the actions taken to cure and/or to clear any identified prohibited uses.
4. The Holder may be the recipient of the financial assurance should the Sponsor be in default of this MBI and shall utilize such funds as directed by the IRT.
5. The Holder may serve as the Long-Term Steward should the Sponsor make arrangements for the Holder to act in this capacity.
E. Long-Term Steward (Steward)
Appointment of a long-term Steward is subject to the review and approval of CEMVN. If a long-term Steward is appointed, the Steward will assume the responsibilities of the Sponsor and will perform the long-term maintenance, management, monitoring and reporting responsibilities in accordance with this MBI.
IV. GOALS AND OBJECTIVES
The Bank will provide 136.6 acres of bottomland hardwood re-establishment and 66.2 acres of bottomland hardwood rehabilitation to compensate for unavoidable wetland impacts within the Barataria Basin. Portions of the Bank are within the Louisiana Coastal Zone boundary but portions of the bank are above the 5 foot contour. Goals, objectives and contributions to overall watershed and regional functions of the Louisiana Coastal Zone provided by the Bank are described in the Mitigation Work Plan (Attachment C).
V. PERFORMANCE STANDARDS
Authorization to sell credits to satisfy compensatory mitigation requirements in DA Permits is contingent on compliance with all of the terms of this instrument, including construction and operating the Bank in accordance with the Mitigation Work Plan, adhering to the requirements of the Conservation Servitude and maintaining sufficient financial assurances. If, at any time, CEMVN determines that Sponsor is not in compliance with the terms of this instrument, credit sales may be suspended. If after
Page 12 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument consultation with Sponsor and the IRT, CEMVN determines that corrective action may remedy the deficiency, the Sponsor will be given the opportunity to bring the Bank into compliance with the terms of this instrument. If after consultation, CEMVN determines either that corrective action will not be effective to cure the deficiencies or that the Sponsor’s efforts at further corrective action will not be sufficient to correct the deficiencies within a reasonable time, CEMVN in its sole discretion may terminate all credit sales.
Potential “corrective actions” include but are not limited to: modification or termination of the MBI, suspending credit sales, adaptive management, revisions to the credit release schedule, decreasing available credits, increasing the amounts of financial assurances, utilizing existing financial assurances, and/or providing alternative compensatory mitigation to satisfy any credits that have already been sold through the purchase of mitigation credits at another CEMVN approved mitigation bank. Determination of the appropriate corrective action for any particular deficiency lies solely within the discretion of the CEMVN, who will consult with the IRT and Sponsor before making the determination.
In order for the Bank to be considered acceptable for mitigating wetland impacts associated with DA permits, the Property will be restored in accordance with the Mitigation Work Plan such that it meets wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual (the 1987 Manual) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0). Performance standards used to measure the success of the Bank are provided in the Mitigation Work Plan (Attachment C).
VI. MONITORING PLAN AND REPORTING PROTOCOLS
A. Monitoring
The Sponsor agrees to perform all work necessary to monitor the Bank to demonstrate compliance with the success criteria established in this MBI. Monitoring guidelines are established in the Mitigation Work Plan.
B. Reporting Protocols
The Sponsor agrees to provide all monitoring reports as described in the Mitigation Work Plan.
VII. CONTINGENCIES AND REMEDIAL ACTIONS
A. Adaptive Management
In the event the CEMVN, in consultation with the IRT, determines adaptive management is needed, the Sponsor agrees to implement an approved Adaptive
Page 13 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument Management Plan in accordance with 33 CFR 332.4(c)(12) and 33 CFR 332.7(c) and Section XII of the Mitigation Work Plan.
B. Notice of Deficiency
1. If monitoring discloses that the Bank does not meet success criteria, the Sponsor shall provide a Notice of Deficiency to CEMVN that such success criteria have not been met. This notice shall be submitted with the monitoring report. Along with the notice the Sponsor shall provide a detailed explanation of the deficiency and propose specific measures and a timetable to correct the deficiency (ies). CEMVN, in consultation with the IRT, will determine the course of action required to correct deficiencies and will notify the Sponsor to engage in corrective actions pursuant to the Adaptive Management Plan or such other actions as CEMVN may deem necessary from time to time.
2. When a disaster (natural or man-induced) adversely affects the Bank, the Sponsor shall inspect the site and if necessary shall provide a Notice of Deficiency to CEMVN of such circumstance within two weeks of the event. The notice will identify the disaster and impacts to the Bank, specify measures to be taken to correct the impacts and a timetable to complete the work necessary to restore the Bank. CEMVN, in consultation with the IRT, shall review said information and determine if the disaster was beyond the control of the sponsor and if the damage is substantial. In circumstances where the disaster is determined to be beyond the control of the Sponsor and it is deemed to have caused substantial damage, the procedure outlined in Section VII.D. herein shall govern. In all other instances CEMVN will notify the Sponsor to engage in corrective actions pursuant to the Adaptive Management Plan or other action as the CEMVN, in consultation with the IRT, may warrant (See Paragraph VII.D. “Catastrophic Events”, below).
C. Conditions for Suspending Credit Sales
All credit sales are contingent on meeting the standards and requirements of this instrument, adhering to the conservation servitude, and maintaining sufficient financial assurances.
1. Should the IRT determine that the Sponsor is in default of its obligations hereunder or the Bank is not performing in accordance with the standards and criteria set forth in this MBI, credit sales will be suspended. Sale of credits may not resume until remedial action has been taken and the deficiencies have been cured to the satisfaction of CEMVN, in consultation with the IRT.
2. Sponsor’s failure to complete implementation of any corrective action or remedial measure deemed necessary by CEMVN including any adaptive management to meet performance standards within one growing season (November 1 of the following year) following notification of deficiency will result in the revocation of any remaining mitigation credits. If at any time the CEMVN, in consultation with the IRT, determines
Page 14 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument that the Bank is operating at a deficit, the Sponsor at its full cost and expense shall make-up for the credit deficit by purchasing credits at a CEMVN approved mitigation bank. The perpetual conservation servitude will remain in place on the Property to protect the habitat/acreage represented by credits already sold.
D. Catastrophic Events including Natural Disasters and Unlawful Acts
In the event substantial damage to the Bank caused by a natural or human- caused disaster or a deliberate and unlawful act, the CEMVN, in consultation with the Sponsor and the IRT, determines that prevention or mitigation of the disaster was beyond the control of the Sponsor, its agents, contractors, or consultants; the Sponsor may request, and CEMVN, in consultation with the IRT, may approve changes to the construction, operation, project milestones, performance standards or crediting formula of the Bank.
A natural catastrophic event includes, but is not limited to, a flood equal to or greater in magnitude than the 100-year flood event, earthquake, drought, debilitating disease, wildfire, depredation, regional pest infestation, or fluviomorphic change. A human-caused catastrophic event includes, but is not limited to, war, insurrection, riot, or other civil disorders, spill of hazardous or toxic substance, or fire. A deliberate and unlawful act includes, but in not limited to, the dumping of a hazardous or toxic substance as well as significant acts of vandalism or arson. If any such act occurs the IRT, in consultation with the Sponsor, will determine what changes to the Bank and/or this MBI will be in the best interest of the Bank and the aquatic environment.
In the event that such a disaster causes substantial damage to the Bank, sale of credits shall be immediately suspended pending determination by CEMVN, in consultation with the IRT, of:
1. The nature and extent of damage caused to the Bank and the measures necessary to remediate such impacts will determine: a. Whether sufficient surviving mitigation exists to accommodate credits already sold from the Bank; and, b. Whether conditions at the Property despite damage caused by the disaster are such that the sale of credits may resume.
2. The Sponsor shall implement adaptive management measures deemed necessary by CEMVN, in consultation with the IRT, to remediate identified impacts within one year of the event and shall implement any subsequent adaptive management measures deemed necessary by CEMVN, in consultation with the IRT, from time to time before the next growing season. Failure to comply with these provisions may result in the suspension of credit sales or revocation of credits as set forth in Section VII.C. Suspension of credit sales or revocation of credits does not relieve the Sponsor of its obligation to continue to operate, manage, and maintain the habitat/acreage
Page 15 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument represented by credits previously sold and to continue to monitor and report with respect to those areas.
E. Financial Responsibilities
In all instances the Sponsor shall bear the full cost and financial responsibility associated with the construction, operation, and management of the Bank and any and all corrective actions and remedial measures deemed necessary under the provision of this MBI. Although in appropriate instances financial assurances may provide a source of funds to remedy deficiencies and/or to provide for long-term management needs, the absence of sufficient financial assurances to correct deficiencies and/or to fund long- term management will not relieve Sponsor (or Long-term Steward) of its responsibilities pursuant to this MBI.
VIII. INSPECTION BY IRT AND HOLDER
The Sponsor and the Owner shall grant access to the Property to members of the IRT or their agents or designees, and the Holder for the purpose of inspection, compliance monitoring, adaptive management, corrective measures and remediation consistent with the terms and conditions of this MBI. Inspecting parties will give a three day minimum notice to the Sponsor and/or the Owner prior to any site visit.
IX. FUNDING
A. Construction and Establishment (C&E) Funds
1. PURPOSE
The Sponsor agrees to provide Financial Assurances sufficient to ensure satisfactory completion of the work described in the Mitigation Work Plan (Attachment C) and the Adaptive Management Plan (Section XII of the Mitigation Work Plan). The Sponsor further agrees to establish a Construction and Establishment (C & E) financial assurance to ensure the availability of sufficient funds to perform work required to attain long-term success criteria.
2. ESTIMATE OF FUNDS REQUIRED
Section XIV of the Mitigation Work Plan outlines the method of assessing initial construction costs and ongoing management funds required for a third party to construct or manage and monitor the lands through the first 15 years for forested systems. Summaries of the construction costs, establishment costs, and itemization sheets will be provided as Attachment MWP-D of the Mitigation Work Plan.
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3. C & E FUNDING MECHANISM
The Sponsor is establishing the Construction and Establishment (C & E) financial assurance to assure sufficient funds are available to perform work required to construct and maintain the Bank through successful attainment of long term success criteria. An assessment of the initial and capital costs and ongoing management funds required to manage and monitor the Bank is included in the Mitigation Work Plan and provides an estimate of work and cost requirements for construction and establishment of the Bank through achievement of long term success criteria. The funding information for this account is provided in section XIV (Funding) of the Mitigation Work Plan.
4. C & E FINANCIAL ASSURANCES: a. The sponsor shall provide copies of annual status of the financial assurances to CEMVN upon request and/or in their monitoring reports.
b. The financial assurances shall guarantee payment to a third party, as determined appropriate by the CEMVN in consultation with the IRT, in the event that the Sponsor does not fulfill its obligations to perform, as specified in this MBI.
c. Payment to Sponsor, or if necessary, to a third party as identified by CEMVN, of a specified amount of the financial assurances shall be made upon written notification by CEMVN to the financial institution.
5. C & E RELEASE SCHEDULE
The Financial assurances shall be reduced as success criteria are achieved and the probability decreases that those funds would be needed according to the schedule as shown in Section XIV A.3. of the Mitigation Work Plan.
B. Long Term Maintenance/Management Funds
To ensure long-term sustainability of the resource, the Sponsor will describe the Maintenance/Management Funds needed in section XIV. of the Mitigation Work Plan (attachment C) of this Mitigation Banking Instrument.
1. ANNUAL COST ESTIMATES FOR LONG-TERM NEEDS 1
The cost of long-term management for years 16 to 50 and adjusted for inflation every five years is discussed in the Section XIV of the Mitigation Work Plan.
1 The deposit value per credit acre must reflect, at a minimum, the total fund value divided by no more than 90% of anticipated credits.
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2. LONG-TERM MAINTENANCE AND PROTECTION FUNDING MECHANISM
The Sponsor shall establish a Long-Term Maintenance and Protection Fund as discussed in Section XIV of the Mitigation Work Plan.
X. LONG-TERM PROTECTION AND MAINTENANCE
A. Conservation Servitude
The Owner shall burden the Property with perpetual conservation servitude in accordance with Louisiana Conservation Servitude Act, La. R.S. 9:1271.et seq. The conservation servitude shall be signed, notarized and filed in the Assumption Parish conveyance record with an executed copy of the MBI attached. After filing, a copy of the recorded conservation servitude, clearly showing the book, page and date of filing, will be provided to CEMVN prior to the release of credits.
Prior to execution of the conservation servitude, the Owner shall provide evidence that the entity proposed to hold the conservation servitude is a CEMVN approved Holder by virtue of being either a governmental body empowered to hold an interest in immovable property under the laws of the State of Louisiana or the United States of America; or is a non-profit corporation organized pursuant to Louisiana’s Non- Profit Corporation Law, Title 12, Sections 201-269 of the Louisiana Revised Statues, the purposes or powers of which include retaining or protecting the natural, scenic, or open- space values of immovable property; assuring the availability of immovable property for agricultural, forest, recreational of open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, archaeological or cultural aspects of unimproved immovable property. Upon execution of the conservation servitude, the Holder shall hold and enforce the conservation servitude placed on the Property and the Property shall be protected in perpetuity.
Modification of the conservation servitude is not permissible without prior written authorization from CEMVN, in consultation with the IRT. Any request to modify the conservation servitude, or to the rights and obligations created under it, shall be made in writing and forwarded to CEMVN for review and approval. All requests must describe existing language and the requested modification.
The Owner acknowledges and agrees that the conservation servitude applies to all of the Property, not just those portions of the Property identified as wetlands.
1. PROHIBITED USES.
No activities that result in the material degradation of habitat within the Bank (Prohibited Uses) shall be permitted without prior written authorization from CEMVN, following consultation with the IRT. Prohibited uses include but are not limited to: a. Construct any structure or structures on the Property;
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b. Cutting, burning, removing or destroying vegetation (including trees) on the Property except in accordance with CEMVN, in consultation with the IRT, approved plan for controlling invasive species;
c. Building or allowing others to build or develop roads, trails or paths on said Property except as authorized by CEMVN;
d. Partitioning the Property with fencing or constructing perimeter or boundary fencing designed to impede the movement of terrestrial wildlife to and from the Property or from adjacent forested to other undeveloped property or designed to contain terrestrial wildlife within the property; e. Changing the elevation or contours (excavate or deposit dredged material) of the Property except in accordance with the Mitigation Work Plan or under an approved adaptive management plan;
f. Pumping, draining or allowing the Property to be drained in any way; g. Placing, filling, storing, or dumping refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste, or other such items on the Property; h. Land clearing or deposition of soil, shell, rock or other fill on the Property; i. Grazing of animals including cattle or other domestic livestock on the Property; j. Commercial, industrial, agricultural, mineral exploration and extraction or residential uses of the Property; k. Operating of any vehicle on the Property in a manner such that its use destroys/removes vegetation or alters the natural contours of the surface elevation except in accordance with the Mitigation Work Plan or under an approved adaptive management plan; l. Grazing of domestic or non-domestic livestock or conduct any form of animal husbandry for any purpose on the Property; m. Any other activity, which is inconsistent with the establishment, maintenance and protection of the Property as identified in the Mitigation Work Plan.
2. ALLOWED USES.
The Owner/Sponsor shall not use or authorize the use of areas within the Bank for any purpose that interferes with its conservation purposes other than those exclusively specified below:
Page 19 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument a. Monitoring of vegetation, soils and water; b. Maintenance of wetlands, pre-existing trails, bridges, berms, dams, outlet and spillway structures, and other appurtenant facilities as identified in the Mitigation Work Plan; c. Licensed hunting, fishing, trapping and non-consumptive recreational uses (i.e., hiking bird watching, etc.); d. Ecological education that does not involve alteration, destruction or injury to any vegetation, habitat, trees, ground areas, etc.; e. Compliance with federal regulations or appropriate court orders; f. Activities identified in Section VI (Description of Work to Be Performed) and Section VII. (Maintenance Plan) of the Mitigation Work Plan necessary to implement and maintain the development of the Bank in accordance with this MBI; and g. Any activity that has received authorization from CEMVN, in consultation with the IRT, through a DA permit.
The Owner and Sponsor understand that the construction, operation and abandonment of any authorized activity must be done in such a manner that minimizes direct, secondary and cumulative adverse impacts to the bank. At the termination of the authorized activity, the site will be restored to pre-project elevations and planted with a mixture of appropriate wetland species. The Owner and Sponsor acknowledge that such activities have the potential to reduce the total amount of credits available in the bank.
B. The Long-term Maintenance Plan
The Long-Term Maintenance Plan is outlined in the Mitigation Work Plan (Attachment C, to this MBI).
XI. BANK USE
Credits derived from the ecological benefits associated with implementation and maintenance of the Bank may be used as compensatory mitigation for unavoidable impacts to waters of the United States, including wetlands, that result from activities authorized under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act provided such activities have met all applicable requirements. Additionally, these credits derived may be used as compensation for wetland impacts outside the New Orleans District or for other programs provided approval from CEMVN is obtained first. In instances where credits are used for purposes other than compensation for DA permits, the determination of amount of acres necessary to satisfy those compensatory requirements will be made by the agency in charge of that respective program.
Page 20 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument Regardless of the program for which an ecological credit is used that acreage is deducted from total acreage of the Bank and may not be used again.
A. Bank Service Area
The Bank is established to provide compensation for impacts to bottomland hardwood in U.S.G.S. Hydrologic Cataloging Unit (HUC) 08090301, of the East Central Louisiana Coastal Watershed drainage basins (Attachment A, Figure A-3). The primary service area would be the Barataria Basin.
B. Projects Eligible to Use the Bank
Only after CEMVN has determined that the Bank is appropriate can the Bank be used to satisfy a permittee’s mitigation responsibilities. Generally, the Bank will not be appropriate for adverse impacts occurring outside the primary Bank service area and/or impacts that are to other wetland types. However, CEMVN may consider use of the Bank on a case-by-case basis if, after consulting with the other regulatory and resource agencies, they determine that the Bank offers ecologically preferable compensation to that available within the impacted watershed. To compensate for out-of-kind impacts and/or impacts in other watersheds may increase the amount of required mitigation.
C. Determination of Bank Credits
To determine the amount of acres required to offset a particular impact to wetlands, CEMVN will use either best professional judgment or a CEMVN approved assessment method to determine the number of credits per acre available at the bank and the number of credits lost as a result of an impact. The same assessment method will be used to calculate both credits available and credits lost.
Credit Determination is tied to the ecological restoration and/or enhancement outlined in the Mitigation Work Plan (Attachment C. Section XI).
D. Schedule of Credit Availability
Credit release is tied to achieving all the milestones within the success criteria at specific monitoring times as outlined in the Mitigation Work Plan, Section VIII.
E. Credit Transactions
1. STIPULATIONS REGARDING THE SALE OF CREDITS a. By entering the transaction into the Regulatory In-lieu Fee & Bank Information Tracking System (RIBITS), the Sponsor acknowledges and agrees to assume legal responsibility for the permittee’s compensatory mitigation requirements identified in a permittee’s DA permit. Immediately following this entry, the Sponsor will provide signed documentation (Attachment D) that confirms that he has accepted the legal
Page 21 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument responsibility for providing the required compensatory mitigation. In so doing, the Sponsor acknowledges that he has agreed to accept the legal responsibility for the establishment, long-term management, maintenance, monitoring and protection of the restored wetlands represented by the transferred credits. If the Sponsor fails to provide the required compensatory mitigation, CEMVN may pursue enforcement measures against the Sponsor to ensure compliance with the mitigation requirements of the Department of the Army Permit (DA Permit).
b. For each credit transaction the Sponsor shall complete and sign the written declaration (Attachment D) that the Sponsor accepts the responsibility to provide the compensatory mitigation required by the permittee’s DA Permit. The declaration is to include the DA Permit number and is to specify the number and resources type(s) of credits that the Sponsor has transferred. The Sponsor will forward the declaration to CEMVN the same date it enters the transaction information into RIBITS.
c. Prior to the sale of credits, the Sponsor shall contact the CEMVN project manager for DA Permit transactions to obtain approval to sell credits and to verify acreage requirements and necessary ledger information. Where a credit transaction is not related to a CEMVN DA Permit, the Sponsor must contact the CEMVN bank project manager for approval to sell those credits. Sale will generally be approved unless there is a DA Permit pending that proposes to use all or part of the requested credits. A credit transaction for a CEMVN DA Permit will take precedence over all other credit transactions. CEMVN will provide written confirmation of its decision.
d. The Sponsor shall not commit to providing mitigation that is not available or is committed for other projects. Should the number of credits sold exceed the number available, the Sponsor, at its own cost and expense, shall secure credits from another CEMVN approved mitigation bank within the watershed in an amount to necessary to fully offset the credit shortage.
e. Credits will be sold in no less than tenth acre increments.
2. PROCEDURE FOR SELLING BANK CREDITS
a. CEMVN, with input from interested resource agencies, will determine the number and types of mitigation credits that must be secured to fully compensate for a proposed project’s wetland impacts when those impacts are associated with a DA Permit. The CEMVN project manager will provide the applicant with a list of CEMVN approved mitigation banks that are appropriate for offsetting the unavoidable adverse impacts associated with his proposed project. The amount of mitigation required is determined by the CEMVN project manager and will be rounded to the nearest one-tenth (0.1) acre. b. If the permit applicant selects the Bank, the applicant will contact the Sponsor and arrange for the purchase of the necessary acres as determined by CEMVN. Prior to the sale of credits the Sponsor must obtain approval from CEMVN in accordance with the provisions of paragraph 1.a above.
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3. CREDIT SALE NOTIFICATION a. Upon contracting for the credit sales, the Sponsor shall enter the necessary information into the RIBITS. The information will include the Corps jurisdiction, date of transaction, permittee name, credits debited, permit number, wetland type impacted, acres impacted, impact project’s USGS 8-digit HUC, and impact latitude and longitude. b. The acreage required by the DA Permit will be deducted from the Bank’s credit balance at the time it is entered into RIBITS. Sale terms including price and payment are matters of contract between Sponsor and permittees. For any credit transaction once the credits are debited, the Sponsor is legally responsible for provision of the compensatory mitigation required by the DA Permit. Any failure by the permittee to comply with the terms of the sale will not affect either the credit debiting or Sponsor’s responsibility to provide the mitigation required by the DA Permit.
F. Requirements for Initial Credit Release
No Credits will be released until the Sponsor has provide a signed statement stating that all of the following requirements have been met and has provided copies of the following executed documents, as appropriate:
1. Permits: Obtain all necessary permits (including DA Permits), approvals, and authorizations required to construct, operate, and maintain the Bank. This MBI does not fulfill or substitute for such authorization.
2. Holder Qualifications: Evidence that the entity proposed to hold the conservation servitude is a CEMVN approved Holder.
3. Conservation Servitude: An executed perpetual conservation servitude with a copy of this MBI with proof of recordation in the Mortgage and Conveyances Records Office of the parish in which the Property is located.
4. Financial Assurance: Documentation establishing the C&E financial assurances stipulated in Section IX and the Long-Term Maintenance and Protection financial assurances described in Section X of this MBI and in Section XIV of the Work Plan.
5. Property Ownership: A title search that identifies all known encumbrances including mortgages, liens, rights-of-way, servitudes, easements, etc. and documentation that the conservation servitude is not subordinate to any other easement or major lien. Sponsor shall provide a copy of the recorded document evidencing that any mortgages encumbering the property have been subordinated to the conservation servitude.
6. Execution of MBI: MBI signed by the Owner, Sponsor and CEMVN District Commander or his representative and approval by all participant IRT agencies; and
Page 23 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument 7. Work Schedule: Submission of the timetable for implementing work identified in the permit, Mitigation Work Plan or elsewhere in this MBI.
G. Subsequent Credit Releases
Prior to each credit release, the Sponsor shall provide to CEMVN an electronic copy of the monitoring report with information necessary to document successful attainment of required milestones. Following review of such documentation and a finding that required milestones were achieved. CEMVN will notify the Sponsor and the IRT in writing of its findings with respect to the Bank’s attainment of its success criteria and determination for the number of credits approved for release.
XII. MODIFICATION OF THIS MBI
A. Minor Modification to MBI
1. This MBI is subject to written modification as mutually agreed to by the IRT and the Sponsor. The streamlined review process set forth in 33 CFR 332.8(g)(2) may be used for modifications that involve changes reflecting adaptive management for the Bank, credit release, changes in credit releases and credit release schedules, and changes that the district engineer determines not to be significant in accordance to procedures in 33 CFR 332.8(g)(2) Streamlined Review Process.
2. Should changes in this MBI be required by CEMVN that are not acceptable to the Sponsor, the Sponsor may elect to end his participation and close the Bank. At that time, the procedures outlined in Section XII.C. below will be followed.
B. Major Modifications to the MBI
1. Expansion of Addendum to the Bank
Modification of the MBI to include the expansion of the Bank to include additional acreage will be processed in accordance with 33 CFR 332.8(d) and 332.8(g)(1). Requests to expand the Bank will be considered only in instances where (1) the additional acreage is located on the same parcel of land or on a parcel of land contiguous to the Bank and (2) CEMVN determines that the natural composition, structure, functions, and processes performed by the restored/enhanced wetland community are the same as those outlined in this MBI. For the modification of this MBI the amendment will contain the following: a. Detailed description of existing conditions of the Property identifying existing and prior land uses, vegetation, hydrology alterations and soils; b. A Mitigation Work Plan that details the proposed hydrologic and vegetative restoration/enhancement work that is necessary to produce the mitigation credits;
Page 24 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument c. Drawings depicting the site showing its location to other mitigation sites authorized by this MBI, different mitigation types, soils and hydrology; also drawings depicting the work required; vicinity map, a plan view depicting the proposed work and typical cross-sections of that work;
d. A Department of the Army issued wetland determination;
e. A title opinion and survey clearly identifying any existing encumbrances on the Property;
f. A draft conservation servitude;
g. A draft of the mechanism to be used to secure the necessary Construction and Establishment financial assurance; and
h. A draft of the mechanism to be used to establish the necessary Long-Term Maintenance and Protection account.
CEMVN will determine if the work identified in the Mitigation Work Plan requires a DA permit. A DA permit application is not required with the prospectus, but the Sponsor may choose to submit an application at this time as obtaining any and all permits is a prerequisite to selling credits.
A public interest review will be required for each addendum. The prospectus, Mitigation Work Plan and drawings will be advertised by public notice for a minimum of thirty days to obtain public comments.
CEMVN, in consultation with the IRT, will evaluate each proposed property. The evaluation will typically require an inspection of the property and review of the prospectus and restoration plan. If warranted, the IRT will recommend modifications to the proposed restoration plan. By signing this MBI, the agencies are under no obligation to accept future addenda. Each addendum will be evaluated on its own merit.
A separate credit assessment will be conducted to determine habitat values of each addendum.
The mutually agreed upon Mitigation Work Plan will be signed by designated authorities for each IRT member and included as an amendment to this MBI and subject to all its requirements, conditions and terms.
2. Exclusions of Approved Mitigation Site
The Sponsor may elect to exclude a portion of the Property on which no credits have been sold from the Bank. However, notification and approval by CEMVN must be obtained by the Sponsor prior to removal from the Bank.
Page 25 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument Reduction in Bank size may adversely affect future releases of mitigation credits and financial assurances. Additionally, CEMVN, in consultation with the IRT, will re- evaluate the credit value per acre for the portion of the site remaining in the Bank. Should the re-evaluation of credits determine that debits exceed the available credits produced by the acres remaining in the Bank, CEMVN may require that a portion of the area to be excluded remain in the Bank to make up the credit difference caused by the reduction in Bank size.
After CEMVN, in consultation with the IRT, has approved the exclusion, the Owner may, with approval from the Sponsor, Holder and CEMVN, modify the conservation servitude to remove the servitude from that portion of the Property excluded, allowing however, as sufficient buffer to protect the integrity of the remaining bank.
C. Termination of This MBI
1. Should CEMVN, in consultation with the IRT, determine that the Sponsor is in material default of any provision of the MBI for this Bank, CEMVN may require such corrective actions as, as it deems necessary. If CEMVN determines that the Sponsor (or its agents or employees) has engaged in any misrepresentation, misapplication, misappropriation, improper management, or non-disclosure of pertinent information, CEMVN may require termination of this MBI or such other corrective action as it deems appropriate. Owner and Sponsor acknowledge and agree that all obligations hereunder that pertain to the credits sold or transferred prior to termination of the MBI shall have no effect on the perpetual conservation servitude granted by Owner over the Property in accordance with Louisiana law La. R.S. 9:1271, et seq. and 33 CFR § 332.8(t) except as set forth in paragraph C.3. below.
2. In the event that the MBI is terminated, CEMVN will:
a. Revise the Bank’s credit allotment based on the work completed at closure b. Review the credits already sold by the Bank and the corresponding mitigation requirements for DA Permits assumed by the Sponsor; and c. Determine whether the success criteria achieved by the previously sold credits/acreage are sufficient to meet current and outstanding mitigation requirements or whether additional credits are required to satisfy the DA Permit mitigation obligations assumed by the Sponsor. Should additional credits be needed to satisfy the Sponsor’s DA Permit mitigation obligations, those obligations (as determined by CEMVN) may be satisfied by either: i). Completion of implementation of the Mitigation Work Plan and achievement of the performance standards set forth in the Mitigation Work Plan on additional acreage within the Bank; or ii). The purchase of appropriate mitigation credits from another CEMVN approved Bank.
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3. Upon termination of this MBI, the conservation servitude shall remain in full force and effect on those lands for which credits have been sold. In addition, a buffer sufficient to protect the integrity of the Bank, as determined by CEMVN in consultation with the IRT, shall be established and protected by the conservation servitude. Depending on the success level of the acreage sold as credits, additional acreage also may be required to satisfy the mitigation obligations assumed by the Sponsor. The Owner shall record any CEMVN approved and duly executed, revised conservation servitude in the Mortgage and Conveyance Office of the parish where the land is located and shall provide a copy of the recorded document to CEMVN. The conservation servitude shall remain in full force and effect on:
a. that portion of the Property representing credits sold;
b. that portion of the Property representing any deficit between the mitigation obligations assumed by the Sponsor (through credits sold) and the mitigation obligation satisfied by the Bank as described in 2.c. above; and
c. that portion of the Property determined necessary by CEMVN in consultation with the IRT, to provide a buffer sufficient to protect the integrity of the Bank.
4. In the event of the negligent or wrongful act or failure to act of the Owner, Sponsor or their respective managers, partners, employees, contractors, or agents, including but not limited to misrepresentation, misapplication, misappropriation, improper management, non-disclosure of pertinent information or non-compliance with the terms of this MBI, CEMVN and other IRT members may void their recognition of the Bank and/or terminate their future participation in this MBI. All funds in the Long-term escrow account, if any, will be forfeited to the Holder or to a long-term Steward or a CEMVN designee. Additionally, CEMVN and the IRT reserve the right to prosecute any negligent or wrongful act or failure to act including any intentional misrepresentation, misappropriation, non-disclosure of pertinent information, or non-compliance with the terms of this MBI to the fullest extent of the law.
D. Termination of Participation
IRT members may terminate their participation upon written notification to all signatory parties without invalidating this MBI. Participation of the IRT member ceding termination will end 30 days after written notification. Termination by one member of the IRT of its involvement in this MBI shall not terminate the MBI or affect the roles of the remaining members of the IR, or the Sponsor or Owner. Remaining credits authorized solely under the authority of the withdrawing agency for use in that agency’s programs will no longer be available for use to satisfy the requirements of that agency’s program. Nothing in this Section is intended or shall be construed to limit the legal or equitable remedies (including specific performance and injunctive relief) available to the IRT members in the event of a threatened or actual breach of this MBI by the Sponsor.
Page 27 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument XIII. TRANSFER OF PROPERTY OR SPONSORSHIP
All transfers of any interest in the Property or sponsorship are subject to the applicable provisions of the Conservation Servitude.
A. Transfers of Bank Property
1. The Owner may sell, assign, convey or otherwise transfer its interest in the Property at any time provided that any such transfer on or after the execution date of this MBI must be made in accordance with and subject to this MBI and the Conservation Servitude and the following conditions: a. The transferee is able to assume and agrees to assume the obligations of the Owner as set forth in this MBI; and b. The transferee understands and agrees to the allowed/prohibited uses of the Property as set forth in the conservation servitude.
2. Notice of Property Transfer a. The Owner must provide notice to CEMVN and to the Sponsor (if different from the Owner) that he intends to transfer the Property at least 60 days prior to the transfer. This notice must include the proposed transferee’s name and the name of its authorized representative, if different, its address and phone number, the anticipated date of the transfer, and a statement signed by the proposed transferee that the Owner has: i. Provided to it copies of this MBI and the Conservation Servitude; ii. Explained the allowed/prohibited uses of the Property; and iii. Advised that any transfer of the Property is subject to the terms and conditions contained in the MBI. b. The Sponsor also must provide notice to CEMVN of any transfer of the bank Property by the Owner at least 60 days prior to the transfer or within 5 business days of learning of such transfer, whichever is earlier. This obligation continues until the Sponsor has provided the required notice to CEMVN even after the Property has been transferred. The Owner and the Sponsor may submit a joint notice, in which case the notice shall be clearly identified as such. The Sponsor’s notice must include the proposed transferee’s name and the name of its authorized representative, if different, its address and phone number, the anticipated date of the transfer, and a statement signed by the proposed transferee that the Sponsor has: i. Provided to it copies of this MBI and the Conservation Servitude; ii. Explained the allowed/prohibited uses of the Property; and
Page 28 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument iii. Advised that any transfer of the Property is subject to the terms and conditions contained in the MBI. c. After receipt of the notice of transfer, CEMVN, in consultation with the IRT, may seek additional information about the proposed transferee and its fitness to assume the obligations of Owner from the current Owner, the proposed transferee, or from the Sponsor. Additionally, the Sponsor may submit any information it deems relevant to the transfer to CEMVN. d. Any transfer of the ownership made without the required notice by Sponsor may, at the discretion of CEMVN, in consultation with the IRT, result in a suspension of credit sales until the Sponsor provides the information required in the notice.
3. At the time of the transfer of the Property, the transferee must sign this MBI as Owner and attest as follows, which statements shall be typed above the transferee’s signature on the MBI: a. That it has read and understands and agrees to the terms and conditions of the MBI and the conservation servitude; and b. That it agrees to assume all obligations and responsibilities of the Owner contained in this MBI.
4. Upon execution of the MBI by the transferee/new owner, all obligations of the Owner pursuant to this MBI become those of the transferee/new owner.
5. From and after the date of any transfer by the Owner of its interest in the Property, the transferor shall have no further obligations hereunder and all references to the Owner in this MBI shall thereafter refer to the transferee, except that the transferor’s liability for acts, omissions, breaches or other compliance issues occurring prior to the transfer shall survive the transfer.
B. Transfer of Sponsorship
1. The Sponsor may sell, assign, convey or otherwise transfer its interest in the Bank at any time provided that the Sponsor is in full compliance with all requirements of this MBI (including all financial assurance requirements) and the transferee provides a written statement agreeing to assume the obligations of the Sponsor as set forth in this MBI.
2. Notice of Change of Sponsor a. The Sponsor must provide notice of its intent to transfer the sponsorship to the IRT, through CEMVN, and to the Owner at least 60 days prior to the transfer. This notice must include:
Page 29 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
i. The proposed transferee’s name and the name of its authorized representative, if different, its address and phone number, and the anticipated date of the transfer;
ii. A statement signed by the proposed transferee that: (a) the Sponsor has provided to it copies of this MBI, the conservation servitude, ledgers and financial statements; and (b) it will assume all of the obligations and responsibilities of the Sponsor as set forth in the MBI upon transfer of the bank;
iii. The proposed transferee’s qualifications (background, resources and experience) to perform the Sponsor’s responsibilities;
b. The Sponsor must also provide in the notice information relative to the current condition of the Bank, which information must also be provided to the proposed transferee. This information must include:
i. Current (i.e., within 30 days) financial statements for all financial assurances issued by the providers of those assurances; ii. A current ledger listing all credit transactions for the Bank and the required information for each transaction; and iii. A monitoring report providing a description of current conditions including: (a) a discussion of the status of the restoration of wetland hydrology and remaining work (if any) necessary to fully establish hydrology; (b) the general condition of seedlings (survivorship by species) and a statement as to whether the survivability milestone will be met at the next monitoring report; and (c) an indication of the degree of exotic/invasive species density (average stems per acre) and measures required to control them.
3. At the time of the transfer of the sponsorship, the transferee must sign this MBI as the Sponsor and attest as follows, which statements shall be typed above the transferee’s signature on the MBI: a. That it has read and understands and agrees to the terms and conditions of the MBI and the Conservation Servitude; and b. That it agrees to assume all of the obligations and responsibilities of the Sponsor contained in this MBI.
4. The new Sponsor must provide to CEMVN a copy of the executed MBI and a copy of the executed Mitigation Bank Transfer Form.
5. Any transfer of the sponsorship made without the written 60-day notification to the IRT may, at the discretion of the IRT, result in suspension of credit sales until the
Page 30 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument transferee/new Sponsor provides the information required in the notice, signs the MBI as Sponsor, and provides a copy of the executed MBI to the IRT.
6. From and after the date of any transfer by Sponsor of its interest in the sponsorship, the transferor shall have no further obligations hereunder and all references to Sponsor in this MBI shall thereafter refer to the transferee, except that the transferor’s liability for acts, omissions, breaches or other compliance issues occurring prior to the transfer shall survive the transfer.
XIV. ESTABLISHMENT OF STEWARD
Should the Sponsor choose to designate a Long-term Steward, the Sponsor will provide CEMVN with written notice of his intent to designate one at least 60 days prior to the effective date of the Steward’s assumption of the responsibilities. This notice must include the proposed Steward’s name and the name of its authorized representative, if different, its address and phone number, and the anticipated date of the transfer. Once the IRT has determined the qualifications of and accepted the Long Term Steward chosen by the Sponsor, to assume the responsibilities for the stewardship over the Property, CEMVN must be provided with a statement signed by the proposed Steward that the Sponsor has:
A. Provided to it copies of this MBI and the Conservation Servitude;
B. Explained the allowed/prohibited uses of the Property; and
C. Transferred any remaining C&E financial assurance and Long-term Maintenance and Protection endowment funds to accounts established by the Long-term Steward and approved by CEMVN.
XV. BANK LIFE
Bank life ends when all success criteria have been attained and all credits have been sold. At this point all construction and establishment of financial assurance have been returned to the Sponsor and long term management is initiated. Unless such responsibility is transferred, with prior approval of CEMVN, to a Long-term Steward, the Sponsor will remain responsible for: 1) the compensatory mitigation requirements for any DA permit for which it sold Bank credits; and 2) the long-term management, maintenance, monitoring and protection of the mitigation represented by those credits.
XVI. OTHER PROVISIONS
A. Disclaimer and Notice.
This MBI does not in any manner affect statutory authorities and responsibilities of the signatory parties.
Page 31 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument USACE approval of this Instrument constitutes the regulatory approval required for the GWM Mitigation Bank – Madewood Tract to be used to provide compensatory mitigation for Department of the Army permits pursuant to 33 C.F.R. 332.8(a)(1). This Instrument is not a contract between the Sponsor or Property Owner and USACE or any other agency of the federal government. Any dispute arising under this Instrument will not give rise to any claim by the Sponsor or Property Owner for monetary damages. This provision is controlling notwithstanding any other provision or statement in the Instrument to the contrary.
B. Warranties and Representations of Owner/Sponsor/Holder.
Owner/Sponsor hereby represents and warrants as follows:
1. It is a limited liability company (or other legal entity) in good standing in the state of its organization and that it is qualified to do business in Louisiana and in every jurisdiction in which it is required to be qualified.
2. It has the full power and authority to enter into this MBI and that its signatories are authorized to transact business and enter contracts on its behalf; and
3. The execution and performance of its obligations under the MBI will not constitute a breach of any other agreement or a violation of any ordinance statute, law or regulation to which it is a party or by which it is bound.
C. Compliance with Laws.
Owner and Sponsor and Holder and/or Third Party each represent, warrant and covenant that it is and will remain in compliance and abide with any and all statutes, laws, ordinances, rules and regulations promulgated by any government entity which are applicable to it.
D. Non-reporting NWP.
The Sponsor agrees not to utilize a non-reporting Nationwide Permit or Regional Permit under Section 404 of the Clean Water Act to impact any Waters of the United States on the Property. Notification shall be required for the use of any Nationwide Permit and/or Regional Permit in connection with this Bank.
E. Dispute Resolution.
Resolution of disputes about amendments to this MBI shall be in accordance with 33 CFR § 332.8(e). If a dispute arises about the application of this MBI any party may raise the issue to CEMVN. CEMVN will convene a meeting of the IRT, or initiate another appropriate forum for communication, typically within twenty days of receipt of notice of the dispute. CEMVN will fully consider comments provided by the IRT and the Sponsor, if provided, in reaching its decision. Ultimately CEMVN is responsible for
Page 32 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument making final decisions regarding the use and performance of the Bank and the sale of its credits. Disputes related to satisfaction of success criteria may be subject to independent review from government agencies or academia that is not part of the IRT. The IRT will evaluate this input and determine whether the success criteria are met.
Any dispute arising under this Instrument will not give rise to any claim by Sponsor or Property Owner for monetary damages.
F. Overall Performance.
If the IRT determines that the Bank is not performing according to the standards and criteria set forth in this MBI, credit sales will be suspended until the Sponsor in consultation with CEMVN has developed an approved remedial action plan and performed the work defined in the remedial action plan necessary to produce additional credits. The Sponsor will provide to the IRT the remedial action plan within 60 days of notification of any deficiency. Following IRT approval of the remedial action plan, the Sponsor will conduct the remedial action measures prior to the end of the nearest growing season. Subsequent adaptive management measures may be required by the IRT. Sale of credits will not resume until remedial actions have been taken. The Sponsor will continue to provide monitoring reports as specified in this document unless determined to be unnecessary by the IRT.
G. Specific Language of MBI Shall Be Controlling.
The Parties intend the provisions of this MBI and each of the documents incorporated by reference in it to be consistent with each other, and for each document to be binding in accordance with its terms. To the fullest extent possible, these documents shall be interpreted in a manner that avoids or limits any conflict between or among them. However, if and to the extent that specific language in this MBI conflicts with specific language in any document, other than the Conservation Servitude that is incorporated into this MBI by reference, the specific language within the MBI shall be controlling.
H. Notice.
Any notice required or permitted hereunder shall be deemed to have been given either (i) when delivered by hand, or (ii) three (3) days following the date deposited in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, or (iii) sent by Federal Express or similar next day nationwide delivery system, addressed as follows (or addressed in such other manner as the party being notified shall have requested by written notice to the other party):
Page 33 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
Landowner: Sponsor: Madewood Incorporated GWM, L.L.C. Joseph W. Thibaut, President James H. Boyce, Jr., Manager 4543 Hwy. 308 919 Sweets Lane Napoleonville, LA 70390 Baton Rouge, LA 70808 Servitude Holder: Agent: Land Trust for Louisiana Delta Resource Management, LLC Dr. Jay Addison, Board President Dwayne Templet 102 N. Holly St. 36504 Hwy 30 Hammond, LA 70401 Geismar, LA 70734 IRT: Brian Breaux Kelley Templet US Army Corps of Engineers Louisiana Department of Natural New Orleans District Resources CEMVN-OD-R 617 North Third Street 7400 Leake Avenue P.O. Box 94396 New Orleans, Louisiana 70118-3651 Baton Rouge LA 70804 Raul Gutierrez Kyle Balkum Region VI of the U.S. Environmental Louisiana Department of Wildlife and Protection Agency Fisheries 1445 Ross Avenue, Suite 1200 2000 Quail Drive Dallas, Texas 75202 Baton Rouge, Louisiana 70808
I. Entire Agreement.
This MBI constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements or undertakings.
J. Invalid Provisions.
In the event any one or more of the provisions contained in this MBI are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provisions hereof, and this MBI shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein.
K. Headings and Captions.
Any paragraph heading or captions contained in this MBI shall be for convenience of reference only and shall not affect the construction or interpretation of any provisions of this MBI.
Page 34 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument L. Counterparts.
This MBI may be executed by the parties in any combination, in one or more counterparts, all of which together shall constitute but one and the same instrument.
M. Binding.
This MBI shall be immediately, automatically, and irrevocably binding upon the Sponsor and its heirs, successors, assigns and legal representatives upon execution by the Sponsor and the CEMVN, even though it may not, at that time or in the future, be executed by the other potential parties to this MBI. The execution of this MBI by EPA, LDWF, or the U.S. Fish and Wildlife Service, or other agency, city or county shall cause the executing agency to become a party to this MBI upon execution, even though all or any of the other potential parties have not signed the MBI. Execution does not signify the agencies’ agreement with the use of credits in the Bank in connection with any specific permit or project.
N. Liability of Regulatory Agencies.
The responsibility for financial success or loss and any risk to the investment undertaken by the Sponsor rests solely with the Sponsor. The regulatory agencies that are parties to this MBI administer their regulatory programs to best protect and serve the public’s interest in its waterways, and not to guarantee the financial success of Banks, specific individuals, or entities. Accordingly, there is no guarantee of profitability for any individual Bank. Sponsors should not construe this MBI as a guarantee in any way that the agencies will ensure sale of credits from this Bank or that the agencies will forgo other mitigation options that may also serve the public interest. Since the agencies do not control the number of mitigation banks proposed or the resulting market impacts upon success or failure of individual banks, in depth market studies of the potential and future demand for credits are the sole responsibility of the bank proponent. Sponsor shall have no right to monetary damages and shall have no right to claim or to recover a loss of anticipated revenues based on any decision by CEMVN and/or based on CEMVN's administration of its mitigation banking program and/or this mitigation bank.
Page 35 of 39
GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
C. CEMVN
______Martin S. Mayer Date Chief, Regulatory Branch CEMVN
Page 38 of 39 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
D. OCM
______Keith Lovell Date Assistant Secretary LDNR OCM
Page 39 of 39 Attachment A
Summary Table and Maps
Table 1. Pre‐Restoration Condition and Post‐Restoration Mitigation Habitat Types for GWM Mitigation Bank ‐ Madewood Tract, Assumption Parish, LA. Baseline Habitat Mitigation Habitat and Type Acres Cropland Bottomland Hardwood Re‐establishment 126.5 Berm/trail/spoil Bottomland Hardwood Re‐establishment 10.1 Subtotal 136.6
Cropland Bottomland Hardwood Rehabilitation 1.3 Crawfish Pond Bottomland Hardwood Rehabilitation 61.8 Ditch Bottomland Hardwood Rehabilitation 3.1 Subtotal 66.2 Total Restoration Acres 202.8
Non‐wet BLH Non‐wetland BLH 1.6 Ditch Ditch (Non‐mitigation) 0.6 Trail Trail /Wildlife Area (Non‐mitigation) 1.2 Total Non‐mitigation Acres 3.4
Total Conservation Servitude Acreage 206.2
ROW (excluded from Servitude) 11.9 50‐ft Option Area (excluded from Servitude) 4.5 Total Perimeter w/ ROW & Option Area 222.6 Waddill Wildlife Refuge Sherburne WMA/Atchafalaya NWR/Bayou des Ourses Area (USACOE) Atchafalaya National Wildlife Refuge
Joyce WMA
Manchac WMA
Maurepas Swamp WMA (Eastern Tract)
Maurepas Swamp WMA (Western Tract)
Site Location
Elm Hall WMA
Attakapas Island WMA
Bayou Teche National Wildlife Refuge
Lake Boeuf WMA
Mandalay National Wildlife Refuge Pointe Aux Chenes WMA
Atchafalaya Delta WMA
Sources: Esri, DeLorme, HERE, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom
GWM Mitigation Bank 0 2.5 5 10 15 Legend Miles Figure A-1. Location Map Bank Madewood Tract Assumption Parish, Louisiana :
Path: F:\Base Data\Louisiana\Louisiana 2011.mxd Date: 9/6/2011 Lat: 29.943591 Long: -90.978837 ^
Copyright:© 2013 National Geographic Society, i-cubed
GWM Mitigation Bank 0 660 1,320 2,640 3,960
Feet Legend Figure A-2. Site Map Bank Perimeter Madewood Tract Assumption Parish, Louisiana :
Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig1_Madewood_USGS_SiteMap.mxd Date: 2/19/2016 Bogue Black Chitto 03170007 03180005
Tangipahoa 08070205 Lower Pearl. Mississippi Tickfaw 03180004 08070203
Bayou Amite Mississippi Sara-Thompson 08070202 Coastal 08070201 Liberty 03170009 Bayou-Tchefuncta 08090201
Lower Grand Lake 08070300 Lower Pontchartrain Mississippi-Baton Rouge Project Area 08090202 08070100 Lake Maurepas 08070204
Lower Mississippi-New Orleans 08090100 Eastern Louisiana Coastal 08090203
Atchafalaya 08080101
East Central Louisiana Coastal 08090301
West Central Louisiana Coastal 08090302
Sources: Esri, DeLorme, NAVTEQ, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, and the GIS User Community
GWM Mitigation Bank 0 5 10 20 30 Legend Miles USGS HUC Units Figure A-3. Service Area Map Primary Service Area Madewood Tract East Central Louisiana Coastal Assumption Parish, Louisiana : Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\Fig3_Madewood_USGSHUCMap.mxd Date: 4/11/2015 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
Attachment B
Title Information
Title Commitment Baronne Title Co., Inc.
Survey Plat Centerline Engineering and Land Surveying, LLC
` ` " , ° ; ~ 1~ir~~` Amerman Owner's Policy of Title Insurance <• "'' ~`i~le It~st~x~rrce Camp~~.~y ISSUED BY -r. ~4~ O~lT.Oi715l8t1fl~ First American Title Insurance Company of Louisiana
POLICY NUMBER Owner's Policy 5211422-0101896e
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF LOUISIANA, a Louisiana corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized bylaw; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized bylaw; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title, 4. No right of access to and from the Land. (Covered Risks Continued on Page 2)
In Witness Whereof, First American Title Insurance Company of Louisiana has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A.
Firsf American Title Insurance Company of Louisiana For Reference:
File #: 156065-00
~_ Issued Bv: Gayle A. Poole, President Garonne Title Co., Inc. /~/' 445 North Boulevard, Suite 800 f 1~.Q/~(13~.L,~ Baton Rouge, LA 70802 Peter C. Keenan, Secretary
(This Policy is valid only when Schedules A and B are attached) If this jacket was created electronically, it constitutes an original document.
Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
Form 5211422 (11-1-17) Page 1 of 6 ALTA Owner's Policy of Title Insurance (6-17-06) Louisiana CONDITIONS 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge, 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Lantl occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this Records at Date of Policy, but Known to the Insured Claimant policy, and the Company will not pay loss or damage, costs, attorneys' and not disclosed in writing to the Company by the Insured fees, or expenses that arise by reason of: Claimant prior to the date the Insured Claimant became an 1. (a) Any law, ordinance, permit, or governmental regulation Insured under this policy; (including those relating to building and zoning) restricting, (c) resulting in no loss or damage to the Insured Claimant; regulating, prohibiting, or relating to (d) attaching or created subsequent to Date of Policy (however, (i) the occupancy, use, or enjoyment of the Land; this does not modify or limit the coverage provided under (ii) the character, dimensions, or location of any Covered Risk 9 and 10); or improvement erected on the Land; (e) resulting in loss or damage that would not have been (iii) the subdivision of land; or sustained if the Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or insolvency, or similar creditors' rights laws, that the transaction governmental regulations. This Exclusion 1(a) does not vesting the Title as shown in Schedule A, is modify or limit the coverage provided under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or (b) Any governmental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered modify or limit the coverage provided under Covered Risk 6. Risk 9 of this policy. 2. Rights of eminent domain. This Exclusion does not modify or limit 5. Any lien on the Title for real estate taxes or assessments imposed the coverage provided under Covered Risk 7 or 8. by governmental authority and created or attaching between Date 3. Defects, liens, encumbrances, adverse claims, or other matters of Policy and the date of recording of the deed or other instrument (a) created, suffered, assumed, or agreed to by the Insured of transfer in the Public Records that vests Title as shown in Claimant; Schedule A. (b) not Known to the Company, not recorded in the Public
Form 5211422 (11-1-17) Page 2 of 6 ABTA Owner's Policy of Title Insurance (6-17-06) Louisiana CONDITIONS (Continued) DEFINITION OF TERMS notice of matters relating to real property to purchasers for The following terms when used in this policy mean: value and without Knowledge. With respect to Covered Risk (a) "Amount of Insurance": The amount stated in Schedule A, 5(d), "Public Records" shall also include environmental as may be increased or decreased by endorsement to this protection liens filed in the records of the clerk of the United policy, increased by Section 8(b), or decreased by Sections States District Court for the district where the Land is 10 and 11 of these Conditions. located. (b) "Date of Policy": The date designated as "Date of Policy" in (j) "Title": The estate or interest described in Schedule A. Schedule A. (k) "Unmarketable Title": Title affected by an alleged or (c) "Entity": A corporation, partnership, trust, limited liability apparent matter that would permit a prospective purchaser company, or other similar legal entity. or lessee of.the Title or lender on the Title to be released (d) "Insured": The Insured named in Schedule A. from the obligation to purchase, lease, or lend if there is a (i) The term "Insured" also includes contractual condition requiring the delivery of marketable (A) successors to the Title of the Insured by operation title. of law as distinguished from purchase, including 2. CONTINUATION OF INSURANCE heirs, devisees, survivors, personal The coverage of this policy shall continue in force as of Date o1 representatives, or next of kin; Policy in favor of an Insured, but only so long as the Insured (B) successors to an Insured by dissolution, merger, retains an estate or interest in the Land, or holds an obligation consolidation, distribution, or reorganization; secured by a purchase money Mortgage given by a purchaser (C) successors to an Insured by its conversion to from the Insured, or only so long as the Insured shall have liability another kind of Entity; by reason of warranties in any transfer or conveyance of the Title. (D) a grantee of an Insured under a deed delivered This policy shall not continue in force in favor of any purchaser without payment of actual valuable consideration from the Insured of either (i) an estate or interest in the Land, or conveying the Title (ii) an obligation secured by a purchase money Mortgage given (1) if the stock, shares, memberships, or other to the Insured. equity interests of the grantee are wholly- 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT owned by the named Insured, The Insured shall notify the Company promptly in writing (i) in (2) if the grantee wholly owns the named case of any litigation as set forth in Section 5(a) of these Insured, Conditions, (ii) in case Knowledge shall come to an Insured (3) if the grantee is wholly-owned by an affiliated hereunder of any claim of title or interest that is adverse to the Entity of the named Insured, provided the Title, as insured, and that might cause loss or damage for which affiliated Entity and the named Insured are the Company may be liable by virtue of this policy, or (iii) if the both wholly-owned by the same person or Title, as insured, is rejected as Unmarketable Title. If the Entity, or Company is prejudiced by the failure of the Insured Claimant to (4) if the grantee is a trustee or beneficiary of a provide prompt notice, the Company's liability to the Insured trust created by a written instrument Claimant under the policy shall be reduced to the extent of the established by the Insured named in prejudice. Schedule A for estate planning purposes. 4, PROOF OF LOSS (ii) With regard to (A), (B), (C), and (D) reserving, however, In the event the Company is unable to determine the amount of all rights and defenses as to any successor that the loss or damage, the Company may, at its option, require as a Company would have had against any predecessor condition of payment that the Insured Claimant furnish a signed Insured. proof of loss. The proof of loss must describe the defect, lien, (e) "Insured Claimant": An Insured claiming loss or damage. encumbrance, or other matter insured against by this policy that (fl "Knowledge" or "Known": Actual knowledge, not constitutes the basis of loss or damage and shall state, to the constructive knowledge or notice that may be imputed to an extent possible, the basis of calculating the amount of the loss or Insured by reason of the Public Records or any other records damage. that impart constructive notice of matters affecting the Title. 5. DEFENSE AND PROSECUTION OF ACTIONS (g) "Land": The land described in Schedule A, and affixed (a) Upon written request by the Insured, and subject to the improvements that by law constitute real property. The term options contained in Section 7 of these Conditions, the "Land" does not include any property beyond the lines of the Company, at its own cost and without unreasonable delay, shall area described in Schedule A, nor any right, title, interest, provide for the defense of an Insured in litigation in estate, or easement in abutting streets, roads, avenues, which any third party asserts a claim covered by this policy alleys, lanes, ways, or waterways, but this does not modify adverse to the Insured. This obligation is limited to only or limit the extent that a right of access to and from the Land those stated causes of action alleging matters insured is insured by this policy. against by this policy. The Company shall have the right to (h) "Mortgage": Mortgage, deed of trust, trust deed, or other select counsel of its choice (subject to the right of the Insured security instrument, including one evidenced by electronic to object for reasonable cause) to represent the Insured as means authorized by law. to those stated causes of action. It shall not be liable for and (i) "Public Records": Records established under state statutes will not pay the fees of any other counsel. The Company will any at Date of Policy for the purpose of imparting constructive not pay fees, costs, or expenses incurred by the Insured Form 5211422 (11-1-17) Page 3 of 6 ALTA Owner's Policy of Title Insurance (6-17-06) Louisiana CONDITIONS (Continued) in the defense of those causes of action that allege matters the Insured Claimant to submit for examination under oath, not insured against by this policy. produce any reasonably requested information, or grant (b) The Company shall have the right, in addition to the options permission to secure reasonably necessary information from contained in Section 7 of these Conditions, at its own cost, third parties as required in this subsection, unless prohibited to institute and prosecute any action or proceeding or to do by law or governmental regulation, shall terminate any any other act that in its opinion may be necessary or liability of the Company under this policy as to that claim. desirable to establish the Title, as insured, or to prevent or 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; reduce loss or damage to the Insured. The Company may TERMINATION OF LIABILITY take any appropriate action under the terms of this policy, In case of a claim under this policy, the Company shall have the whether or not it shall be liable to the Insured. The exercise following additional options: of these rights shall not bean admission of liability or waiver (a) To Pay or Tender Payment of the Amount of Insurance. of any provision of this policy. If the Company exercises its To pay or tender payment of the Amount of Insurance under rights under this subsection, it must do so diligently. this policy together with any costs, attorneys' fees, and (c) Whenever the Company brings an action or asserts a expenses incurred by the Insured Claimant that were defense as required or permitted by this policy, the Company authorized by the Company up to the time of payment or may pursue the litigation to a final determination by a court tender of payment and that the Company is obligated to pay. of competent jurisdiction, and it expressly reserves the right, Upon the exercise by the Company of this option, all liability in its sole discretion, to appeal any adverse judgment or and obligations of the Company to the Insured under this order. policy, other than to make the payment required in this DUTY OF INSURED CLAIMANT TO COOPERATE subsection, shall terminate, including any liability or (a) In all cases where this policy permits or requires the obligation to defend, prosecute, or continue any litigation. Company to prosecute or provide for the defense of any (b) To Pay or Otherwise Settle With Parties Other Than the action or proceeding and any appeals, the Insured shall Insured or With the Insured Claimant. secure to the Company the right to so prosecute or provide (i) To pay or otherwise settle with other parties for or in the defense in the action or proceeding, including the right to name of an Insured Claimant any claim insured against use, at its option, the name of the Insured for this purpose. under this policy. In addition, the Company will pay any Whenever requested by the Company, the Insured, at the costs, attorneys' fees, and expenses incurred by the Company's expense, shall give the Company all reasonable Insured Claimant that were authorized by the Company aid (i) in securing evidence, obtaining witnesses, up to the time of payment and that the Company is prosecuting or defending the action or proceeding, or obligated to pay; or effecting settlement, and (ii) in any other lawful act that in the (ii) To pay or otherwise settle with the Insured Claimant the opinion of the Company may be necessary or desirable to loss or damage provided for under this policy, together establish the Title or any other matter as insured. If the with any costs, attorneys' fees, and expenses incurred Company is prejudiced by the failure of the Insured to furnish by the Insured Claimant that were authorized by the the required cooperation, the Company's obligations to the Company up to the time of payment and that the Insured under the policy shall terminate, including any Company is obligated to pay. liability or obligation to defend, prosecute, or continue any Upon the exercise by the Company of either of the options litigation, with regard to the matter or matters requiring such provided for in subsections (b)(i) or (ii), the Company's cooperation. obligations to the Insured under this policy for the claimed (b) The Company may reasonably require the Insured Claimant loss or damage, other than the payments required to be to submit to examination under oath by any authorized made, shall terminate, including any liability or obligation to representative of the Company and to produce for defend, prosecute, or continue any litigation. examination, inspection, and copying, at such reasonable 8. DETERMINATION AND EXTENT OF LIABILITY times and places as may be designated by the authorized This policy is a contract of indemnity against actual monetary loss representative of the Company, all records, in whatever or damage sustained or incurred by the Insured Claimant who medium maintained, including books, ledgers, checks, has suffered loss or damage by reason of matters insured against memoranda, correspondence, reports, e-mails, disks, tapes, by this policy. and videos whether bearing a date before or after Date of (a) The extent of liability of the Company for loss or damage Policy, that reasonably pertain to the loss or damage. under this policy shall not exceed the lesser of Further, if requested by any authorized representative of the (i) the Amount of Insurance; or Company, the Insured Claimant shall grant its permission, in (ii) the difference between the value of the Title as insured writing, for any authorized representative of the Company to and the value of the Title subject to the risk insured examine, inspect, and copy all of these records in the against by this policy. custody or control of a third party that reasonably pertain to (b) If the Company pursues its rights under Section 5 of these the loss or damage. All information designated as Conditions and is unsuccessful in establishing the Title, as confidential by the Insured Claimant provided to the insured, Company pursuant to this Section shall not be disclosed to (i) the Amount of Insurance shall be increased by 10%, others unless, in the reasonable judgment of the Company, and it is necessary in the administration of the claim. Failure of (ii) the Insured Claimant shall have the right to have the Form 5211422 (11-1-17) Page 4 of 6 I ALTA Owner's Policy of Title Insurance (6-17-06) Louisiana CONDITIONS (Continued) loss or damage determined either as of the date the shall have recovered its loss. claim was made by the Insured Claimant or as of the (b) The Company's right of subrogation includes the rights of date it is settled and paid. the Insured to indemnities, guaranties, other policies of (c) In addition to the extent of liability under (a) and (b), the insurance, or bonds, notwithstanding any terms or Company will also pay those costs, attorneys' fees, and conditions contained in those instruments that address expenses incurred in accordance with Sections 5 and 7 of subrogation rights. these Conditions. 14. ARBITRATION (NOT VALID IN THE STATE OF LOUISIANA) LIMITATION OF LIABILITY Either the Company or the Insured may demand that the claim or (a) If the Company establishes the Title, or removes the alleged controversy shall be submitted to arbitration pursuant to the Title defect, lien, or encumbrance, or cures the lack of a right of Insurance Arbitration Rules of the American Land Title access to or from the Land, or cures the claim of Association ("Rules"), Except as provided in the Rules, there Unmarketable Title, all as insured, in a reasonably diligent shall be no joinder or consolidation with claims or controversies manner by any method, including litigation and the of other persons. Arbitrable matters may include, but are not completion of any appeals, it shall have fully performed its limited to, any controversy or claim between the Company and obligations with respect to that matter and shall not be liable the Insured arising out of or relating to this policy, any service in for any loss or damage caused to the Insured. connection with its issuance or the breach of a policy provision, (b) In the event of any litigation, including litigation by the or to any other controversy or claim arising out of the transaction Company or with the Company's consent, the Company giving rise to this policy. All arbitrable matters when the Amount shall have no liability for loss or damage until there has been of Insurance is $2,000,000 or less shall be arbitrated at the option a final determination by a court of competentjurisdiction,and of either the Company or the Insured. All arbitrable matters when disposition of all appeals, adverse to the Title, as insured. the Amount of Insurance is in excess of $2,000,000 shall be (c) The Company shall not be liable for loss or damage to the arbitrated only when agreed to by both the Company and the Insured for liability voluntarily assumed by the Insured in Insured. Arbitration pursuant to this policy and under the Rules settling any claim or suit without the prior written consent of shall be binding upon the parties. Judgment upon the award the Company. rendered by the Arbitrators) may be entered in any court of 10. REDUCTION OF INSURANCE; REDUCTION OR competent jurisdiction. TERMINATION OF LIABILITY 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE All payments under this policy, except payments made for costs, CONTRACT attorneys' fees, and expenses, shall reduce the Amount of (a) This policy together with all endorsements, if any, attached Insurance by the amount of the payment. to it by the Company is the entire policy and contract 11 LIABILITY NONCUMULATIVE between the Insured and the Company. In interpreting any The Amount of Insurance shall be reduced by any amount the provision of this policy, this policy shall be construed as a Company pays under any policy insuring a Mortgage to which whole. exception is taken in Schedule B or to which the Insured has (b) Any claim of loss or damage that arises out of the status of agreed, assumed, or taken subject, or which is executed by an the Title or by any action asserting such claim shall be Insured after Date of Policy and which is a charge or lien on the restricted to this policy. Title, and the amount so paid shall be deemed a payment to the (c) Any amendment of or endorsement to this policy must be in Insured under this policy. writing and authenticated by an authorized person, or 12. PAYMENT OF LOSS expressly incorporated by Schedule A of this policy. When liability and the extent of loss or damage have been (d) Each endorsement to this policy issued at any time is made definitely fixed in accordance with these Conditions, the payment a part of this policy and is subject to all of its terms and shall be made within 30 days. provisions. Except as the endorsement expressly states, it 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT does not (i) modify any of the terms and provisions of the (a) Whenever the Company shall have settled and paid a claim policy, (ii) modify any prior endorsement, (iii) extend the Date under this policy, it shall be subrogated and entitled to the of Policy, or (iv) increase the Amount of Insurance. rights of the Insured Claimant in the Title and all other rights 16. SEVERABILITY and remedies in respect to the claim that the Insured In the event any provision of this policy, in whole or in part, is held Claimant has against any person or property, to the extent invalid or unenforceable under applicable law, the policy shall be of the amount of any loss, costs, attorneys' fees, and deemed not to include that provision or such part held to be expenses paid by the Company. If requested by the invalid, but all other provisions shall remain in full force and effect. Company, the Insured Claimant shall execute documents to 17. CHOICE OF LAW; FORUM evidence the transfer to the Company of these rights and (a) Choice of Law: The Insured acknowledges the Company remedies. The Insured Claimant shall permit the Company has underwritten the risks covered by this policy and to sue, compromise, or settle in the name of the Insured determined the premium charged therefor in reliance upon Claimant and to use the name of the Insured Claimant in any the law affecting interests in real property and applicable to transaction or litigation involving these rights and remedies. the interpretation, rights, remedies, or enforcement of If a payment on account of a claim does not fully cover the policies of title insurance of the jurisdiction where the Land loss of the Insured Claimant, the Company shall defer the is located. exercise of its right to recover until after the Insured Claimant Therefore, the court or an arbitrator shall apply the law of the Form 5211422 (11-1-17) Page 5 of 6 ALTA Owner's Policy of Title Insurance (6-17-06) Louisiana CONDITIONS (Continued) jurisdiction where the Land is located to determine the its territories having appropriate jurisdiction. validity of claims against the Title that are adverse to the 18. NOTICES, WHERE SENT Insured and to interpret and enforce the terms of this policy. Any notice of claim and any other notice or statement in writing In neither case shall the court or arbitrator apply its conflicts required to be given to the Company under this policy must be of law principles to determine the applicable law. given to the Company at First American Title Insurance (b) Choice of Forum: Any litigation or other proceeding brought Company of Louisiana, Attn: Claims National Intake Center. 1 by the Insured against the Company must be filed only in a First American Way, Santa Ana, California 92707. 888.632- state or federal court within the United States of America or 1642.
Form 5211422 (11-1-17) Page 6 of 6 ALTA Owner's Policy of Title Insurance (6-17-06) Louisiana as~ " FirstAmerican Owner's Policy of Title Insurance
Title Insurance Company ISSUED BY ~~ -Y; ~~~~ OtLO(11SIc~118 First American Title Insurance Company of Louisiana
POLICY NUMBER S c he d uI e A 5211422-0101896e
Name and address of Title Insurance Company: First American Title Insurance Company of Louisiana, 935 Gravier Street, Suite 2100, New Orleans, Louisiana 70112
File No.: 156065-00 (Madewood)
Address Reference: 2746 Acres located in Assumption Parish, Louisiana Amount of Insurance: $1,000,000.00
Date of Policy: November 15, 2019 @ 8:30 a.m. Premium: $2,487.12
1. Name of Insured: Madewood, Incorporated, a Louisiana corporation
2. The estate or interest in the Land that is insured by this policy is: Fee Simple
3. Title is vested in: Madewood, Incorporated pursuant to the Credit Sale by and between Bronier Thibaut to Madewood, Inc., dated December 30, 1948, recorded December 30, 1948 at Book 79, Page 534, Entry No. 25641, official records of Assumption Parish, Louisiana.
4. The Land referred to in this policy is described as follows: See Schedule A, Item 4 (Continued).
Dated this ~ ~ day of QJ' , 2019
BARONNE TITLE CO., INC. 8555 United Plaza Boulevard, Suite 500 Bato uge, Louisiana 70809 By: Robert W. Scheffy, Jr., Authorized t r ignature
Form 5211422-A (3/1/10) Page 1 of 6 ALTA Owner's Policy (6-17-06) (B 1296697.1) Louisiana —Schedule A es~ '~""'~,~ FirstAmerican Owner's Policy of Title Insurance
-~ ~ Title Insurance Company ISSUED BY - '` r<<~ ofLouisiana First American Title Insurance Company of Louisiana
Schedule A (Continued) 5211422-0101896e
Issuing Office File No.: 156065-00 (Madewood)
Schedule A, Item 4 (Continued)
A certain parcel of land, together with all buildings and improvements thereon, and all of the rights, ways, privileges, servitudes, prescriptions, advantages and appurtenances thereunto belonging, or in anywise appertaining, situated as stated above and more fully described as follows:
The legal description of the Bank (206.2 acres) is as follows:
The southwestern portion of the Bank, containing 18.8 acres, commencing at a point being the southerly most point of the subject Bank (herein defined as X=3393350.22', Y=521095.03', Louisiana State Plane South Zone 1702, NAD 83, US survey feet), said point being the "Point of Beginning"; thence N 48°49'47" W for a distance of 419.08' to a point; thence N 49°47'50" E for a distance of 657.80' to a point; thence N 49° 31'27" W for a distance of 625.18'; thence N 50°05'38" E for a distance of 708.69' to a point; thence S 25°39'33" E for a distance of 1150.96' to a point; thence S55°12'22" W for a distance of 917.41' to a point, said point being the "Point of Beginning" containing 18.8 acres.
The southern portion of the Bank located between a 100 ft. overhead utility servitude and a 30ft. gas pipeline servitude, containing 19.4 acres, commencing at a point being the southerly most point of the subject Bank (herein defined as X=3393350.22', Y=521095.03', Louisiana State Plane South Zone 1702, NAD 83, US survey feet), thence N 55° 12'22" E for a distance of 1069.34' to a point, said point being the "Point of Beginning"; thence N 25° 39'33" W for a distance of 2451.59' to a point; thence N 47°38'34" E for a distance of 263.93' to a point; thence S 30° 01'15" E for a distance of 278.93' to a point; thence S 29° 45'37" E for a distance of 2185.71' to a point; thence S 55° 12'22" W for a distance of 435.85' to a point, said point being the "Point of Beginning" containing 19.4 acres.
The east half of the subject Bank, containing 128.0 acres, commencing at a point being the southerly most point of the subject Bank (herein defined as X=3393350.22', Y=521095.03', Louisiana State Plane South Zone 1702, NAD 83, US survey feet), thence N 55° 12'22" E for a distance of 1535.30' to a point, said point being the "Point of Beginning"; thence N 29° 45'37" W for a distance of 2183.13' to a point; thence N30°01'15" W for a distance of 285.56' to a point; thence N 47° 38'34" E for a distance of 141.51' to a point; thence N 38°34'34"W for a distance of 278.08' to a point; thence N 44°50'48" W for a distance of 378.66' to a point; thence N 29°58'10" W for a distance of 31.65' to a point; thence N 45°07'10" E for a distance of 854.99' to a point; thence N 40° 12'47" W for a distance of 537.21' to a point; thence S 44° 51'49" W for a distance of 757.56' to a point; thence N 30° 01'15" W for a distance of 1625.66' to a point; ; thence N 38° 30'47" E for a distance of 548.41' to a point; thence S 40° 21'46" E for a distance of 1395.30' to a point; thence N 46° 46'49" E for a distance of 402.09' to a point; thence S 50° 21'34" E for a distance of 364.18' to a point; thence N 46° 44'47" E for a distance of 405.68' to a point; thence S 74° 18'22" E for a distance of 68.81' to a point; thence S 38° 1~l'A2" E for a distance of 163.52' to a point; thence S 40° 54'10" W for a distance of 241.24' to a point; thence S 41° 43'17" E for a distance of 137.72' to a point; thence S 40° 39'54" W for a distance of 204.09' to a point; thence S 37° 03'44" E for a distance of 447.93' to a point; thence S 45° 36'33" W for a distance of 457.09' to a point; thence S 39° 10'56" E for a distance of 2886.46' to a point; thence S 55° 12'22" W for a distance of 1439.21' to a point, said point being the "Point of Beginning" containing 128.0 acres.
The middle portion of the Bank located on the west side of the overhead power line servitude, containing 4.2 acres commencing at a point being the southerly most point of the subject Bank (herein defined as X=3393350.22', Y=521095.03',
Form 5200000-A (3/1/10) Page 2 of 6 Multipurpose Schedule A {81296697.1J Louisiana State Piane South Zone 1702, NAD 83, US survey feet), thence N 55° 12'22" E for a distance of 917.41' to a point; thence N 25° 39'33" W for a distance of 1381.57' to a point, said point being the "Point of Beginning"; thence N 46° 06'55" W for a distance of 1007.07' to a point; thence N 47° 38'34" E for a distance of 367.46' to a point; thence S 25° 39'33" E for a distance of 1049.15' to a point, said point being the "Point of Beginning" containing 4.2 acres.
The northwestern portion of the Bank, containing 25.7 acres commencing at a point being the westerly most point of the subject Bank (herein defined as X=3391085.44', Y=525437.31', Louisiana State Plane South Zone 1702, NAD 83, US survey feet), said point being the "Point of Beginning"; thence N 38° 01'10" E for a distance of 605.40' to a point; thence S 64° 48'41" E for a distance of 824.96' to a point; thence S 25° 57'12" E for a distance of 686.84' to a point; thence S 44° 51'49" W for a distance of 751.28' to a point; thence N 40° 59'21" W for a distance of 1356.91' to a point, said point being the "Point of Beginning" containing 25.7 acres.
The northern section located between a 100 ft. overhead utility servitude and a 30' gas pipeline servitude, containing 10.1 acres, commencing at a point being the northerly most point of the subject Bank (herein defined as X=3392285.22', Y=527036.08', Louisiana State Plane South Zone 1702, NAD 83, US survey feet), thence S 38° 30'47" W for a distance of 580.65' to a point, said point being the "Point of Beginning", thence S 30° 01'15" E for a distance of 1621.94' to a point; thence S 44° 54'58" W for a distance of 167.28' to a point; thence N 25°57'12" W for a distance of 686.69' to a point; thence N 64° 48'41" W for a distance of 870.76' to a point; ; thence N 11 ° 32'41" W for a distance of 31.09' to a point; thence N 38° 30'47" E for a distance of 644.51' to a point, said point being the "Point of Beginning" containing 10.1 acres.
The perimeter of the southwestern portion of the Bank is defined by the following coordinates in decimal degrees:
Latitude 29.949099 N and Longitude -90.978106 W Latitude 29.933193 N and Longitude -90.979099 W Latitude 29.933978 N and Longitude -90.978027 W Latitude 29.935130 N and Longitude -90.979485 W Latitude 29.936722 N and Longitude -90.977285 W Latitude 29.933865 N and Longitude -90.975722 W
The perimeter of the southern portion of the Bank located between the 100' overhead utility servitude and the 30' gas pipeline servitude is defined by the following coordinates in decimal degrees:
Latitude 29.934102 N and Longitude -90.975327 W Latitude 29.940188 N and Longitude -90.978657 W Latitude 29.940675 N and Longitude -90.978039 W Latitude 29.940010 N and Longitude -90.977601 W Latitude 29.934783 N and Longitude -90.974195 W
The perimeter of the east half of the Bank is defined by the following coordinates in decimal degrees:
Latitude 29.934880 N and Longitude -90.974116 W Latitude 29.940051 N and Longitude -90.977519 W Latitude 29.940732 N and Longitude -90.977968 W Latitude 29.941386 N and Longitude -90.977140 W Latitude 29.942741 N and Longitude -90.978686 W Latitude 29.944063 N and Longitude -90.977153 W Latitude 29.932432 N and Longitude -90.978106 W Latitude 29.943721 N and Longitude -90.979937 W Latitude 29.947601 N and Longitude -90.983362 W Latitude 29.948778 N and Longitude -90.981410 W Latitude 29.945847 N and Longitude -90.978567 W Latitude 29.946601 N and Longitude -90.977639 W Latitude 29.945960 N and Longitude -90.976756 W
Form 5200000-A (3/1/10) Page 3 of 6 I Multipurpose Schedule A {81296697.1} Latitude 29.946722 N and Longitude -90.975821 W Latitude 29.946670 N and Longitude -90.975611 W Latitude 29.946316 N and Longitude -90.975293 W Latitude 29.945816 N and Longitude -90.975794 W Latitude 29.945533 N and Longitude -90.975505 W Latitude 29.945108 N and Longitude -90.975927 W Latitude 29.944123 N and Longitude -90.975078 W Latitude 29.943246 N and Longitude -90.976112 W Latitude 29.937078 N and Longitude -90.970377 W
The perimeter of northern section located between the 100' overhead utility servitude and 30' gas pipeline servitude is defined by the following coordinates in decimal degrees:
Latitude 29.943336 N and Longitude -90.980381 W Latitude 29.945039 ~J and Longitude -90.981325 W Latitude 29.946064 N and Longitude -90.983809 W Latitude 29.946148 N and Longitude -90.983828 W Latitude 29.947531 N and Longitude -90.982556 W Latitude 29.943661 N and Longitude -90.980006 W
The perimeter of northwestern portion of the Bank is defined by the following coordinates in decimal degrees:
Latitude 29.943027 N and Longitude -90.980735 W Latitude 29.941568 N and Longitude -90.982414 W Latitude 29.944391 N and Longitude -90.985214 W Latitude 29.945700 N and Longitude -90.984032 W Latitude 29.944728 N and Longitude -90.981678 W
The perimeter of middle portion of the Bank located on the west side of the 100' overhead utility servitude is defined by the following coordinates in decimal degrees:
Latitude 29.937294 N and Longitude -90.977598 W Latitude 29.939220 N and Longitude -90.979883 W Latitude 29.939899 N and Longitude -90.979024 W
End of Schedule A, Item 4
Form 5200000-A (3/1/10) Page 4 of 6 ~ Multipurpose Schedule A {81296697.1) °M~°~~ FirstAmerican Owner's Policy of Title Insurance
' ~' Tifle Insurance Company ISSUED BY - ~'~ ~r~ ~~~~ OFLOUISl8118 First American Title Insurance Company of Louisiana
S c h e d uI e B 5211422-0101896e
Issuing Office File No.: 156065-00 (Madewood) EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) that arise by reason of: 1. a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any lien for services, labor, or materials in connection with improvements, repairs or renovations provided before, on, or after Date of Policy, not shown by the public records. 5. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 6. Any mineral or mineral rights leased, granted or retained by current or prior owners.
7. Any dispute as to the boundaries caused by the change in the location of any water body within or adjacent to the land prior to the Date of Policy, and any adverse claim to all or part of the land that is, at Date of Policy, or was previously, under water.
8. Taxes and assessments for the year 2019 have been paid.
9. The Company does not insure acreage or square footage.
10. Servitude of levee along the banks of Bayou Lafourche and the rights of the public to use and government control, if any, of the banks of Bayou Lafourche as provided by law.
11. The Company does not warrant the true and actual mean low water line of Bayou Lafourche or the dimensions of the acreage where the area of any batture is included.
12. Rights of the United States of America, State of Louisiana and the public generally in and to that portion of the property lying below the mean high water mark of Bayou Lafourche.
13. Any and all proportions which may have accreted and such portions shown on a survey of such property which may actually be bottom to navigable waterway.
14. Navigation servitudes and all of the statutory and regulatory rights and powers of the United States Government and the State of Louisiana over Bayou Lafourche and its banks extending to the ordinary high-water line thereof and which may be exercised without obligation to the riparian owner, including the right of appropriation and expropriation for the construction and maintenance of levees.
{81296697.1}Form 50- Page 5 of 6 I ALTA 35.3-06 Minerals and Other Subsurface Substances —Land Under Development (4-2-12) 10836 (7-1-14) Owner's Policy of Title Insurance as~ °M°°-~ ~y. FirstArnerican Title Insurance Company ISSUED BY may`- ~-~~~='~ ofLoulsrana First American Title Insurance Company of Louisiana
Sched u le B 5211422-0101896e
15. Any erosion, dereliction of accretion or any change in the bed line of Bayou Lafourche and any servitude or servitudes in favor of any state, federal, parochial, municipal board or body or individual over the banks thereof.
16. Any adverse claim based upon assertion that: (a) some portion of said land is tide or submerged land, or has been created by artificial means or has accredited to such portion so created, or (b) some portion of said land has been brought within the boundaries thereof by an avulsive movement of Bayou Lafourche or has been formed by accretion to any such portion.
17. The rights of the United States of America, State of Louisiana, or any of their departments or the rights of the public to establish, change, alter, regulate or control the use of piers, bulkheads, land under water and land adjacent thereto.
18. The Company does not warrant riparian rights, batture or littoral rights, rights of accretion or dereliction, and excepts to the rights of the public to use the banks, levees and abutting land for passage, stopping, drying nets or otherwise.
19. Right of Way dated April 28, 1958 by and between Madewood, Inc. to Louisiana Power &Light Company, recorded May 16, 1958 at Book 6, Page 68, Entry No. 48715, official records of Assumption Parish, Louisiana.
End of Schedule B
{B1296697.1}Form 50- Page 6 of 6 I ALTA 35.3-06 Minerals and Other Subsurface Substances —Land Under Development (4-2-12) 10836 (7-1-14)
GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
Attachment C
Mitigation Work Plan
ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
Contents I. Bank Property Location ...... 3 II. Objective ...... 3 A. Aquatic Resource Type and Functions to be Restored/Enhanced/Preserved ...... 3 B. Watershed Contributions ...... 3 III. Site Selection ...... 5 IV. Site Protection Instrument ...... 6 V. Baseline Information ...... 6 A. Land Use ...... 6 B. Soils ...... 7 C. Hydrology ...... 8 D. Vegetation ...... 9 VI. Description of Work ...... 10 A. Soils/Hydrologic Work Plan ...... 10 B. Vegetation ...... 11 VII. Maintenance Plan ...... 13 VIII. Performance Standards ...... 13 A. Initial Success Criteria ...... 14 B. Interim Success Criteria ...... 14 C. Long-Term Success Criteria ...... 14 IX. Monitoring Requirements ...... 15 A. Permanent Circular Monitoring Stations ...... 16 B. Transects ...... 16 C. Soil Profile ...... 16 D. Floristic Survey ...... 17 E. Photographs ...... 17 F. Qualitative Analysis ...... 17 G. Hydrologic Conditions ...... 17 H. Ledgers ...... 17 X. Monitoring Reports ...... 17 A. As-Built Report ...... 18 B. Initial Success Criteria Report ...... 18 C. Interim Success Criteria Report ...... 19 D. Long-Term Success Criteria Report ...... 21 XI. Bank Credits ...... 22 A. Credit Determination ...... 22 B. Schedule of Credit Availability ...... 22 XII. Adaptive Management Plan ...... 22 XIII. Long Term Protection and Maintenance ...... 23 XIV. Funding ...... 23 A. Construction and Establishment (C&E) Funds ...... 23 B. Long Term Maintenance/Management Funds ...... 24
Page 1 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
ATTACHMENTS
Attachment MWP-A Figures Attachment MWP-B Jurisdictional Determination Attachment MWP-C Assessment Method Attachment MWP-D Cost Analysis Report
Page 2 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT
I. Bank Property Location
The center point of the property is located at latitude 29.943591°N and longitude -90.978837°W in Assumption Parish, Louisiana (Attachment MWP-A, Figure 1). The property is located in the USGS Hydrologic Cataloging Unit (HUC) 08090301 (Attachment MWP-A, Figure 2), East Central Louisiana Coastal Watershed, in Sections 19, 20, 21, 22, 35, 36, 37, and 38, Township 13 South, Range 15 East.
Driving directions to the site are as follows: from I-10, take LA 22 south for 0.3 miles to LA 70. Turn left on LA 70 and continue south 17.2 miles to LA 70 spur. Turn left onto LA 70 spur and proceed 1.5 miles south to LA 308 near Paincourtville. Take a left on LA 308 and proceed east-southeast for 6.2 miles to the intersection of LA 308 and Madewood Road. Take a left on Madewood Road, and proceed east approximately 1.5 miles to the tract.
II. Objective
GWM, LLC (GWM) will restore 202.8 acres of forested wetland habitat within 222.6 acres that comprise the Bank perimeter. The non-mitigation acres are comprised of 1.6 acres of existing non-wetland bottomland hardwood (BLH), 0.6 acres of ditch to remain and 1.2 acres of wildlife habitat and existing trails to remain as upland habitat. There are 11.9 acres of existing rights-of way (ROW) and a 4.5-acre option area excluded from the servitude. The eastern ROW is a 30 ft. gas pipeline and the western ROW is a 100 ft. overhead utility transmission ROW. The utility ROW has an adjacent 50-ft. option area parallel to its western boundary that is excluded from the Bank (see MBI Attachment A, Table 1).
A. Aquatic Resource Type and Functions to be Restored/Enhanced/Preserved
This Bank will re-establish 136.6 acres and rehabilitate 66.2 acres of BLH forest (Figure 8). The goal will be to restore the Hackberry-American Elm-Green Ash Bottomland Forest associations, as defined by The Natural Communities of Louisiana published in 2009 by the Louisiana Department of Wildlife and Fisheries (LDWF) and the Louisiana Natural Heritage program (LNHP). BLH forests are forested, alluvial wetlands occupying broad floodplain areas of large and small river systems. They are important natural communities for maintenance of water quality, providing a very productive habitat for a variety of fish and wildlife, and are important in regulation of flooding and stream recharge. This project will restore sustainable BLH forested wetlands and reduce surface hydrology impediments thereby improving water quality, water storage capacity, biological productivity and wildlife habitat within the watershed through the afforestation with native wetland tree and shrub species.
B. Watershed Contributions
1. Watershed Need
The East Central Louisiana Coastal Watershed (HUC 08090301) contains over 1.5 million acres of diverse habitats ranging from development and infrastructure to farmland, BLHs, river systems, bayous, swamps, and backwater. The Bank is within the Louisiana Coastal Zone
Page 3 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
(Barataria Basin). The Bank can be used to compensate for impacts to coastal resources under Coastal Use Permits issued by the Louisiana Department of Natural Resources (LA DNR) Office of Coastal Management (OCM) (see Figures 2 and 9).
There is an urgent need for ecological restoration and protection in the watershed and within the larger Barataria -Terrebonne estuary complex. The Barataria-Terrebonne National Estuary Program (BTNEP) was established in 1990 by the State of Louisiana and the EPA for the purpose of preserving, protecting and restoring this estuary complex. BTNEP is a partnership of government, business, scientists, conservation organizations, agricultural interests, and individuals for the preservation, protection, and restoration of the Barataria-Terrebonne National Estuary in southeast Louisiana, has identified seven priority problems in the estuary. These problems contribute to the degradation of habitats and ecosystems and include hydrology modification, sediment reduction, habitat loss, eutrophication, pathogen, toxic substances and changes in living resources. BTNEP developed a Comprehensive Conservation and Management Plan (CCMP) to address the priority problems.
The watershed is experiencing tremendous growth in oil and gas exploration and development. Numerous pipelines will be constructed across the service areas of the Bank over the next decade or so as demand for oil and gas and domestic production increases. A recent Times- Picayune article predicted that portions of the southern U.S., including south Louisiana, will see nearly $500 billion spent on oil and gas infrastructure over this period. Additional need for mitigation in the watershed is likely to come from Federal, state and local governments, with increased efforts to provide hurricane protection since Hurricanes Katrina and Isaac (e.g. push to obtain funding for the Morganza to Gulf levee system).
2. Watershed Benefits
Protection of this coastal forested site with a conservation servitude is consistent with the goals of the Coastal Forest Conservation Initiative (CFCI) administered by the Coastal Protection and Restoration Authority (CPRA). The proposed Bank would service ecological needs in the watershed and priority problems identified in BTNEP by reducing hydrology modifications, restoring BLH forested wetlands, reducing eutrophication, expanding wildlife habitat and expanding resident and migratory bird habitat. The Bank’s proposed restoration is consistent with four goals of the CCMP including (1) preservation and restoration of wetlands, (2) support for diverse, natural biological communities; (3) to develop and meet water quality standards which protect estuary resources; and (4) to work in conjunction with natural processes. The restoration and protection of the Bank accommodates four of the Ecological Management Action plans outlined in the CCMP, which are as follows: Action Plan EM-1: Hydrologic Restoration Action Plan EM-11: Reduction of Agricultural Pollution Action Plan EM-15: Protection of Habitat for Migratory and Resident Birds Action Plan EM-16: Reduction of Impacts from Exotic Vegetation.
The restoration efforts include hydrology improvements and afforestation, which will expand adjacent forested wetlands connected to the site. This restoration effort will result in improved water quality, increased water storage capacity/storm protection, improved biological productivity and increased wildlife habitat within the watershed. In summary, the proposed Bank would provide ecological lift to wetland resources in the Barataria Basin.
Page 4 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT a. Improved Water Quality: Hydrology improvements (e.g. degrading of pond berms, removal of culverts/pipes, etc.) are intended to increase aquatic functions and values on the site and surrounding area which will result in improved water quality. Afforestation will improve water quality by slowing the movement of surface runoff across the property during heavy rain events. Slower water movement leads to longer periods of water retention and contact with vegetation, which results in lower levels of suspended and dissolved solids, higher nutrient and sediment filtration rates reduce non-point source pollution, sedimentation, and nutrient loading. Additional water quality improvements will include reduced chemical runoff (e.g. fertilizer, pesticides) due to the cessation of farming activities in the Bank. b. Improved Water Storage Capacity and Storm Protection: Construction of the Bank will provide increased flood water storage capacity. According to the US Geological Survey (USGS), an acre of wetlands can store 1 to 1.5 million gallons of floodwater. The restoration will provide 202.8 acres of forested wetlands which can contribute an additional 202.8 to 304.2 million gallons floodwater storage capacity to the watershed. This can prevent costly flood damage to commodities, property and infrastructure within the watershed. The increase in forested wetlands can potentially reduce the effects of tropical storm surges and wind speed through attenuation and abatement thereby protecting the valuable agricultural lands and properties. c. Improved Biological Productivity: The restoration will contribute to the biological productivity of the watershed by creating a diverse habitat for aquatic resources (e.g. fish, wildlife and aquatic plants). Re-establishment of aquatic plant life in the nutrient rich environment will create energy which will be moved up the food chain to fish, waterfowl, other wildlife and to humans. d. Wildlife Habitat: The afforestation will restore suitable and diverse nesting and foraging habitat for various species of wildlife including birds, mammals, reptiles and amphibians. The hydrology restoration efforts will result in longer residence time for water within the restoration areas which will provide sources of food for many different wildlife species.
III. Site Selection
The Bank site was selected based on its proximity and direct connectivity to existing wetlands. Other factors in the site selection were (1) the landowner’s knowledge and farming history of the property, (2) existing soils, (3) onsite elevations in relation to forested wetland systems in the watershed and (4) the presence of physical soil and hydrology modifications controlled by the landowner. The site is located in recent Mississippi Valley Alluvium downslope of the natural levee of Bayou Lafourche in the in the Lac des Allemands swamp system within HUC 08090301, an area with limited coastal forested wetland credits available based on the Federal Regulatory In lieu Fee and Bank Information Tracking System (RIBITS) database.
Existing BLH forested wetlands border the entire eastern boundary of the site. This site was historically BLH wetlands, but was hydrologically disconnected from adjacent forested wetland systems and hydrological patterns with construction of crawfish pond berms and establishment of precision leveled field with supporting field cross drains and ditches for improved drainage of the property for agricultural use. The goal of this Bank is to remove the modified crawfish ponds, agricultural fields and supporting infrastructure and restore the site to high-quality, self- sustaining BLH forested wetlands that exhibit natural species composition and support wildlife habitat typically found in these ecosystems. The restoration of wetland ecosystems will be accomplished through the afforestation of non-forested agricultural areas underlain by hydric
Page 5 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT soils and hydrologic restoration. Planned hydrology restoration will remove as much of the existing hydrology modifications as possible and restore finished grades at or near natural elevations of forested wetlands adjacent to the Bank. This will re-establish backwater flooding to the site while allowing other primary drivers including precipitation and seasonally high water tables to return, less inhibited. The proposed restoration will also allow the landowner to continue farming operations on areas upslope of the Bank. The extant forested wetlands adjacent to the Bank and the vast forested wetland ecosystems at comparable elevations in the Lac des Allemands forested swamp system are direct evidence of the site’s wetland restoration potential.
The construction work required to develop the restoration tract consists of routine and feasible site restoration and forestry practices. The proposed construction will consist of site preparation, backfilling of artificial drains, removal of culverts, removal of precision leveled drainage or impoundment features, re-establishment of historical drainage patterns, invasive species control and hardwood planting. The extant hydric soils and relatively flat landscape will facilitate planned site preparation and related earthwork to re-establish wetland hydrology and restore the site to a BLH forested wetland system.
IV. Site Protection Instrument
A conservation servitude placed over 206.2 acres will serve as the site protection instrument. (See Section X. Long-Term Protection and Maintenance, Subsection A. “Conservation Servitude” of the MBI.)
V. Baseline Information
This section contains both the historical and current ecological and physical information about the Bank site.
A. Land Use
1. Historical Land Use
The Bank is located within the approximately 25-million-acre Lower Mississippi Alluvial Valley (LMAV). Prior to settlement and colonization, the LMAV consisted of mostly contiguous BLH habitat and swamps. Significant deforestation began after colonization by Europeans due to the need to convert these lands to agricultural uses and satisfy a growing demand for timber. The rate of deforestation increased in the 20th Century due to major flood control projects, particularly with major levee construction on the Mississippi River following the passage of the 1928 Flood Control Act. Advancements in land clearing technology and inflation in the price of agricultural commodities, namely soybeans, during the 1960s and 1970s resulted in an acceleration of the deforestation in the LMAV. By the mid-1980s, only 20 percent or approximately 6.6 million acres, of the LMAV remained forested, with much of it in fragmented blocks (Figure 3).
2. Current Land Use
The site currently consists of crawfish ponds, precision-leveled agricultural fields, and supporting infrastructure (e.g. trails, berms, headlands, N-S field cross-drains, W-E primary
Page 6 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT drains/ditches, culverts, field pipes, etc.). Although crawfish ponds and agricultural fields dominate the project area and adjacent farmed properties, contiguous mature BLH forests greater than 500 acres in size exist along the north, east and a portion of the west perimeters of the site (Figure 4). Elevations in the area range from lows of less than 2 ft. within the ponds and ditch bottoms to over 5 ft. within the westernmost portions of the agricultural fields (Figure 5 & 9).
B. Soils
According to the 2014 Natural Resources Conservation Service (NRCS) Web Soil Survey, the soils mapped within the Bank are Cancienne silty clay loam (CmA), Thibaut clay (TbA), Schriever clay (SkA), Schriever clay, frequently flooded (SM), and Water (W) (Figure 6). According to the NRCS Web Soil Survey (WSS), SM is 100% hydric, SkA is 66-99% hydric, while TbA and CmA are 1-32% hydric. Even with the improved precision leveled features in place, soils samples collected during the wetland delineation in the spring of 2014 document hydric soil indicators throughout the site, with the exception of one location which was immediately adjacent to agricultural drain, significantly altering the hydrology. A wetland delineation report documenting onsite soils, hydrology and vegetation was submitted to U.S. Army Corps of Engineers, New Orleans District (CEMVN) and summarized in the Bank’s Prospectus; CEMVN verified the onsite data and issued the Preliminary Jurisdictional Determination (PJD) MVN-2014-01186-SE for the site on September 9, 2014 (see Attachment MWP-B).
Intensive agricultural manipulation (e.g., precision leveling) and aquaculture use of this property has modified soils resulting in soil displacement, loss of organic material due to traditional cultivation, loss of biomass and leaf litter, and increased runoff/erosion impacts to site soils and receiving waters. In response to IRT concerns about hydric soil ratings for soils within the Bank coupled with the intensive agriculture, the Sponsor retained Mr. Jerry Daigle, former NRCS State Soil Scientist, to perform a hydric soil study on the site. The stand-alone report, Hydric Soils Report, GWM Mitigation Bank - Madewood Tract, Assumption Parish, Louisiana, May 14, 2016 (Daigle, 2016), was submitted to CEMVN on May 17, 2016. Within the revised bank perimeter (222.6 acres), Mr. Daigle's report confirms that approximately 204.4 acres are hydric (HH), 1.8 acres are hydric transitional (HT), 10.0 acres are non-hydric transitional (NT) and 6.4 acres are non-hydric (NN - see Figure 9, Daigle 2016).
Mr. Daigle’s summary contained on page 5 of the Hydric Soils Report for the Madewood Tract concludes that “The conditions as they occur on the Madewood tract (Figures 2 & 3) have created a very broad transition between “very good” non-hydric soil and “very good” hydric soil. The GWM mitigation plan prescribes the restoration of wetland hydrology and the planting of bottomland hardwood tree species. Hydrophytic vegetation would currently be present on the transitional areas if they were not in cropland. Wetland hydrology will be restored according to the mitigation plan. The restored hydrology, coupled with the increased organic matter from forest and understory vegetation, will quickly convert the non-hydric transitional soil to hydric status. It is also a fairly safe bet than the non- hydric soil on the lower end of its elevation range will also be converted.”
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C. Hydrology
1. Historical Hydrology and Drainage Patterns
Historically, the primary sources of hydrology on the Bank were overbank flooding from Bayou Lafourche and Mississippi River systems, precipitation and high water tables (Figure 3). Prior to the construction of the agriculture fields, improved drains, crawfish pond berms and adjacent spoil banks, the surface waters that collected during major rain events were able to spread overbank and flood low-lying depressions and adjacent hardwood flats that historically existed. The adjacent forested wetlands and historical natural drains/sloughs conveyed water to the east to the Lac des Allemands swamp system. Significant rainfall events yielded backwater flooding along the natural waterways and created the hydric soils that underlie the Bank’s lands.
Overbank flooding is no longer a major driver of hydrology in the region with extensive leveeing of the Mississippi and Atchafalaya river systems. Bayou Lafourche, a former distributary of the Mississippi River, was leveed in 1904 at its source, the Mississippi River near Donaldsonville. Prior to the levee, it is estimated that Bayou Lafourche carried roughly 12 percent (over 40,000 cubic feet per second) of Mississippi River flow. In 1954, a pumping station was built at Donaldsonville to allow water to enter Bayou Lafourche. Now only 200 cubic feet per second of Mississippi River flow is allowed down Bayou Lafourche. Overbank flooding from Bayou Lafourche, a former driver of hydrology upslope of the Bank, is not an option. Effective wetland hydrology restoration will be a combination of backwater flooding, precipitation, high water tables and ponding associated with headwater storms events. Backwater flooding and ponding associated with headwater events can be restored by removal of the agricultural cross drains and precision-level related hydrology modifications designed to remove water from the agricultural fields and simultaneous deconstruction of the crawfish pond berms and improved drains/adjacent spoil banks.
2. Existing Hydrology and Drainage Patterns
Current primary hydrology sources to the Bank are direct precipitation, high water tables, and occasional backwater flooding from the adjacent forested BLH wetlands and connected swamp systems tied to Lac des Allemands. The average annual precipitation in Napoleonville (approximately 2 miles west of the bank) is approximately 59.7 inches. June is the wettest month of the year with an average precipitation of 6.9 inches, and November is the driest month of the year with an average precipitation of 4.2 inches.
The Madewood tract has significant hydrology modifications including berms and ponds for crawfish production and traditional agricultural drainage improvements associated with soybean and sugarcane production including precision leveled fields and controlled drainage. Precision- leveled fields have been established with contours to “flatten” the drainage yielding slower, more controlled water flows to reduce erosion and protect headlands. Precision-leveled farming improvements also include extensive perimeter drains, cross drains, pipes, and culverts (Figure 7). Elevations in the area range from below 2 feet NAVD in the ponds and drains in the easternmost portions of the site to over 5 feet NAVD in the western portions (Figure 5). Artificial influences include the pumping of ground water for agricultural purposes (i.e. irrigation for crawfish production). A natural ridge is located within the center of the site. Hydrology flow is to the north and south-southeast from this central ridge area. Madewood Canal is a primary drain along the south boundary that is shared with the adjacent landowner. This drainage supports
Page 8 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT agriculture production off site to the southwest and must be retained. A second primary drain is located along the northern portion of the tract and services upslope agricultural areas adjacent to the Bank. The two primary drains convey water northeast from the site to Baker Canal North (the major drainage feature in the area of the Madewood tract). General water flow from the tract is east-northeast though the adjacent BLH and baldcypress swamp forests to Baker Canal North, then southeast to Baker Canal East, Bayou Citamon, Bayou Chevreuil, and Grand Bayou systems, eventually connecting to the Lac des Allemands system. The eastern end of the Bank and the primary drains connected to Baker Canal receive tidal flows and backwater floodwaters through these systems.
D. Vegetation
1. Historical Plant Community
According to Daigle, et al., the region would historically have been dominated by Southern Holocene Meander Belts and would have included bald cypress/water tupelo swamp in wetter areas and BLH on less flooded areas. The LDWF Natural Communities of Louisiana recognizes three types of BLH communities: 1) Overcup Oak – Water Hickory Bottomland Forest, 2) Hackberry-American Elm-Green Ash Bottomland Forest and 3) Sweetgum-Water Oak Bottomland Forests. Based on the species composition of the adjacent BLH forest and the physiography, topography and moisture regime, historical BLH forests in the Bank would most likely have resembled the Hackberry-American Elm-Green Ash Bottomland Forest association. The Hackberry-American Elm-Green Ash community typically occurs on floodplains of major rivers on low ridges, flats and sloughs. Soils are seasonally or periodically saturated for 1-2 months during the growing season. This association includes species such as hackberry (Celtis laevigata), American elm (Ulmus americana), green ash, water hickory (Carya aquatica), Nuttall oak (Quercus texana), willow oak (Quercus phellos), water oak (Quercus nigra), overcup oak (Quercus lyrata), sweetgum (Liquidambar styraciflua), box elder (Acer negundo), winged elm (Ulmus alata), red maple (Acer rubrum), water locust, swamp dogwood (Cornus foemina), American sycamore (Plantanus occidentalis), hawthorn (Crataegus sp.), red mulberry (Morus rubra) and many vines and herbaceous species.
Examination of the 1955 Thibodaux USGS historical topographic map indicates that the Madewood Tract was cleared and in agricultural production since at least 1955. Anecdotal data from the landowners is that agricultural lands in production today were cleared in the late 1800s. A review of the 1892 Thibodaux USGS historical topographic map documents land clearing and agricultural production along Bayou Lafourche near the tract as early as 1892 (Figure 3).
2. Existing Plant Community
The Bank is currently in sugarcane, soybean and crawfish production with a fallow crawfish pond and some fallow agricultural field in the northwest corner of the Bank (Figure 4). Historically, soybean and sugarcane have been the predominant crops. The active ponds are predominantly open water. There is some vegetation present including alligator weed (Alternanthea philoxeroides), cattail (Typha domingensis), and various sedges (Carex sp).
In the wetland fallow agriculture fields/crawfish ponds, herbaceous vegetation is dominant (80% total cover) while shrubs are subdominant (less than 2% total cover). Dominant vegetation includes soft rush (Juncus effusus), sedges, cutgrass (Leersia hexandra), lizard’s tail (Saururus
Page 9 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT cernuus), and butterweed (Packera glabella. Scattered shrubs include black willow (Salix nigra) red maple (Acer rubrum), and green ash (Fraxinus pennsylvanica).
VI. Description of Work
This Bank will provide 202.8 acres of BLH wetlands to compensate for unavoidable wetland impacts for the East Central Louisiana Coastal Watershed (HUC 08090301) area (Figures 2, 8 and 9). In order to accomplish this task, the Sponsor shall complete the following soils/hydrologic and habitat work.
A. Soils/Hydrologic Work Plan
The existing precision leveled improved and diverted water flow prevents ponding and saturation within the upper portions of the soil horizon. Cessation of the intensive agricultural production on the site, especially the removal of the precision-leveled drainage features, will reverse this process over time. As part of the restoration process, the interior and cross-ditches currently in place to drain the agricultural areas in the Bank will be removed or modified. Two of the major surface drains that convey water from the agricultural areas to the west of the Bank will be retained to continue farming operations upslope of the bank. All hydrology connections in the Bank to the drains to remain will be filled or plugged. The agricultural turn-rows, trails, spoil banks and other areas of unnatural high ground across the Bank will be degraded and deposited in adjacent fields, agricultural drains, ponds or in non-wetlands to restore natural elevation. The existing precision-leveled drainage will be reversed to slow down surface flows throughout the bank, while also allowing for backwater flooding to be restored. Tidal flow may occur in the lowest elevations.
1. Restoration activities (Figure 7) include: a. Remove the interior berms and associated culverts/pipes, which will be graded to the elevation of the surrounding landscape. b. Fill crawfish ponds using adjacent interior berms. c. The east-west ditch in the northern central portion of the site will remain in to service upslope/offsite agricultural areas; all connections within the Bank will be filled/plugged. d. Fill/plug the north-south perimeter ditch along the eastern boundary of the Bank using existing spoil along the ditch to allow sheet flow and backwater flow between the Bank and existing forested wetlands to the east. e. Lower existing non-wetland trail in the northern portion of the site to maintain access while allowing additional sheet flow to site. f. Remove non-wetland trail in the central portion of the site to maintain access while allowing additional sheet flow across the property. g. Plug or remove all onsite culverts/pipes. h. Disk the site as needed to level spoil and field drains; rip as needed to alleviate soil compaction.
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2. Upon completion of hydrologic restoration activities, the Bank will consist of 202.8 acres available for habitat restoration. Existing non-wet BLH totaling 1.6 acres and non-mitigation wildlife habitat, trails and ditches totaling 1.8 acres make up the remaining acreage of the Bank (Figure 8). Non-servitude areas include ROW easement and easement option area totaling 16.4 acres.
Acreage Type Acres Restoration 202.8 Existing non-wet BLH to remain 1.6 Wildlife areas and trail 1.2 Ditch to remain 0.6 Existing ROW easement (non-servitude) 11.9 50-ft option area (non-servitude) 4.5 Total 222.6
The Bank will be primarily dependent on precipitation, seasonally high water tables and backwater inundation. As such, long-term hydrology maintenance will not depend on the utilization of water captured from irrigation wells or nearby surface water (i.e. irrigation canals) or any temporary or long-term structures (berms, weirs, culverts, etc.). No adverse impacts on neighboring properties are anticipated from implementation of the hydrology restoration.
B. Vegetation
The re-establishment and rehabilitation areas will be planted during the dormant season (December 15 to March 15). Appropriate seedlings of BLH habitat species, including a mixture of 60-70% hard mast and 30-40% soft mast will be planted at an initial stand density of approximately 538 stems per acre. The selected species listed in Table 1 were based upon species listed by the Louisiana Natural Heritage Program (2009) for BLH habitat, which are commonly available from commercial seedling nurseries.
Table 1 - Species Planting List
Region 2 Wetland Common Name Scientific Name Indicator Hard Mast (approximately 60-70 percent) Nuttall oak Quercus texana OBL willow oak Quercus phellos FACW- water oak Quercus nigra FAC cow oak Quercus michauxii FACW- overcup oak Quercus lyrata OBL sweet pecan Carya illinoinensis FAC+ bitter pecan Carya x lecontei OBL water hickory Carya aquatica OBL
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Region 2 Wetland Common Name Scientific Name Indicator Soft Mast (approximately 30-40 percent) green ash Fraxinus pennsylvanica FACW red maple Acer rubrum FAC sweetgum Liquidambar styraciflua FAC+ persimmon Diospyros virginiana FAC sugarberry Celtis laevigata FACW American elm Ulmus americana FACW baldcypress Taxodium distichum OBL mayhaw Crataegus opaca OBL red mulberry Morus rubra FAC
Planting procedures will adhere to the following specifications:
1. Prior to planting, the site may be prepared by subsoiling or “chiseling” to break existing hard pan created by previous farming practices. This will also increase the overall vigor of planted seedlings. Immediately following subsoiling, a broadcast application of a pre-emerge chemical shall be applied to control competing vegetation. Additional chemical treatment may be used during the first and second growing seasons to provide additional control of competing vegetation and invasive species.
2. One- to two-year old bare-root seedlings obtained from a registered licensed regional nursery grower and of a regional eco-type species properly stored and handled to ensure viability, will be planted in the prepared tract during the period of December 15 through March 15 (planting season). If available, seedlings should be obtained from a registered, licensed Louisiana nursery grower. The contractor should obtain, and provide to DNR/OCM, certification from the contracting nursery that plant materials are of a Louisiana ecotype species and have been acclimated to Louisiana climatic and habitable conditions for at least 90 days prior to planting. Events such as spring flooding may warrant storage of trees with planting in late spring or early summer. If seedlings listed are not available, then substitutions may be made if the substitution is approved by the IRT. The Sponsor will plant BLH species in such a manner that will ensure adequate species diversity and ensure that monotypic tree rows will not be established.
3. Seedlings will be planted at a 9-foot by 9-foot spacing to achieve an initial stand density of, at minimum, five hundred thirty-eight (538) seedlings per acre.
4. Species selected for planting will be planted in a random mixture as dictated by terrain and edaphic conditions. Single species plantings will generally be avoided.
5. The planted site(s) will be maintained, on an as-needed basis, by the use of mechanical or chemical control or some combination thereof in order to control exotic/noxious species colonization or other plant competition.
6. Sponsor will use all prudent efforts, physical, chemical, or mechanical, to remove and control Chinese tallow tree and any other existing exotic/noxious vegetation from the Bank
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lands to the nearest seed sources for colonization by these species. The Bank will be monitored until canopy closure to prevent re-infestation by exotic vegetation. Exotic vegetation stem density should be controlled to 5% or less of the total stem density on an acre-by-acre basis. Nuisance wildlife species such nutria rat (Myocaster coypus) will also be monitored and controlled as necessary.
VII. Maintenance Plan
A. General
The Bank will be monitored and maintained by the Sponsor/Long-Term Steward. The 50-ft. option area adjacent to the existing overhead utility ROW will be allowed to naturally regenerate. Maintenance activities for the Bank and 50-ft option area will include, but not be limited to, invasive species control, herbivore control and forest management which is described in detail below. The Sponsor will be responsible all Bank-related maintenance and monitoring in the Bank. The Sponsor will be responsible for all Bank-related maintenance in the 50-ft option area. Monitoring requirements are described in detail in Section IX of this Mitigation Work Plan. The existing overhead utility and pipeline ROWs that will be excluded from the Conservation Servitude shall be maintained by the ROW entities. The ROW entities/agents shall maintain the existing ROWs in accordance with approved existing ROW maintenance agreements and in accordance with all applicable local, state and Federal laws and regulations.
B. Invasive Species Control
Invasive and exotic flora such as Chinese tallow will be controlled by physical control (mowing or cutting stems or hand-pulling young seedlings) or chemical treatment (foliar spray, basal bark application or direct stem treatment) with EPA approved herbicides or a combination of these methods. This activity will be performed on an annual basis throughout the restoration area. The Sponsor will perform all invasive species control in the Bank and 50-ft option area.
C. Forest Management
Upon or after crown closure, timber harvesting/thinning will only be approved if the IRT determines that such activities are needed to maintain or enhance the ecological value of the site and shall be performed by the Sponsor/Long-term Steward. Aggressive chemical treatment shall be implemented after any thinning operations in the Bank or 50-ft option areas to control the encroachment of exotic/invasive vegetation.
VIII. Performance Standards
In order for the Bank to be considered acceptable for mitigating wetland impacts associated with DA permits, the Property will be restored in accordance with the Mitigation Work Plan such that it meets wetland criteria as described in the 1987 Corps of Engineers Wetland Delineation Manual (the 1987 Manual) as well as the November 2010 Regional Supplement for the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region Version 2.0. Performance standards (success criteria) used to measure the success of the Bank are provided below.
Page 13 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
A. Initial Success Criteria
1. Hydrology: Ground surface elevations must be conducive to establishment and support of hydrophytic vegetation, and re-establishment and maintenance of hydric soil characteristics. To that end, all alterations of the natural topography (ditching, spoil banks, land leveling, bedding, fire breaks, etc.) that have affected the duration and extent of surface water have been removed or otherwise rendered ineffective in accordance with this Mitigation Work Plan.
2. Vegetation: A minimum of 250 planted seedlings per acre must survive through the end of the second spring following the planting (i.e., Year 1). Those surviving seedlings must be representative both in species composition and percentage identified in this Mitigation Work Plan. This criterion will apply to initial plantings, as well as, any subsequent replanting that may be needed to meet this requirement.
B. Interim Success Criteria
1. Hydrology: By Year 5 (four years following attainment of the one-year survivorship criteria) site hydrology will be restored such that the Property meets the wetland criterion as described in the 1987 Manual as well as the November 2010 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region Version 2.0. The Sponsor will provide the CEMVN bank project manager with a CEMVN-issued Jurisdictional Determination (JD) in the Year 5 monitoring report for the interim success criteria.
2. Vegetation and Vegetative Plantings: a. For a given planting, a minimum of 250 seedlings/saplings per acre must be present (with a 60 to 40 hard mast to soft mast ratio) at the end of the fourth year (i.e. Year 5) following successful attainment of the one-year survivorship criteria. Trees established through natural recruitment may be included in this tally; however, no less than 125 hard mast-producing seedlings per acre must be present. Surviving hard mast seedlings must be representative of the species composition and percentage identified in this Mitigation Work Plan. Exotic/invasive species may not be included in this tally. b. By Year 5 (four years following successful attainment of the one-year survivorship criteria) the Bank, 50-ft option area and the Bank perimeter will be virtually free (approximately 5% or less on an acre-by-acre basis) of exotic/invasive vegetative species. c. Developing plant community must exhibit characteristics and diversity indicative of a viable native forested wetland community commensurate with stand age and site conditions by Year 5. Achievement of wetland vegetation dominance is defined as a vegetation community where more than 50% of all dominant species are facultative (FAC) or wetter, using “routine delineation methods” as described in the 1987 Manual as well as the November 2010 Regional Supplement to the Corps of Engineers wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region Version 2.0.
C. Long-Term Success Criteria
1. Forest canopy coverage exceeds 80% of forested land mass as measured by an approved method. Forest canopy species abundance and composition is consistent with the restoration goals (Section VI of this MWP) identified in the restoration plan (Section VI of this MWP) and
Page 14 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT credit assessment methodologies. The long term species composition should fall within the range of 50:50 to 40:60 soft mast to hard mast ratio. If the Sponsor does not feel the above percentages are appropriate for the site, the Sponsor will provide appropriate supporting information to substantiate the request to adjust these percentages.
2. When forest canopy coverage exceeds 80%, the Bank will be essentially void of exotic/invasive vegetation (all seed-producing trees removed from Bank, 50-ft option area and the Bank perimeter and less than 3% of the understory on an acre per acre basis). An active treatment program will continue as part of the long-term maintenance program.
3. If thinning to maintain or enhance the ecological value of the Bank is determined necessary by the IRT at this time, the Sponsor/Steward will develop a thinning plan in coordination with the IRT. Thinning operations shall be performed by the Sponsor/Steward per the requirements of the thinning plan.
4. The Sponsor will provide documentation that the “Long-Term Maintenance and Protection” escrow account is fully funded.
5. If CEMVN in conjunction with the IRT is questioning the wetland status of the site, the Sponsor shall provide the CEMVN bank project manager with a wetland delineation for review and verification by CEMVN..
IX. Monitoring Requirements
The Sponsor agrees to perform all work necessary to monitor the Bank to demonstrate compliance with the success criteria established in this Mitigation Work Plan. The Sponsor will monitor the Bank in the spring of each monitoring year using the guidelines in Section VIII of this Mitigation Work Plan.
Surveys of permanent monitoring stations will occur in the following time frame:
1. Immediately following planting of the Bank to establish baseline information.
2. In Year 1, 5 and after achieving interim success criteria, monitoring will occur every 3 years until an average canopy coverage of 80% is established.
3. If thinning is required after successfully achieving the long-term success criteria, the site will be surveyed prior to and following the first thinning operation following plantings.
If monitoring for any given year determines that the Bank is not progressing as expected, monitoring will continue on an annual basis until the Bank successfully meets or exceeds established milestones. After achieving the interim success criteria, monitoring will occur every 3 years until average canopy coverage of 80% is obtained. If thinning is required after successfully achieving the long-term success criteria, the site will be surveyed prior to and following the first thinning operation following plantings.
The survey of the permanent monitoring stations will collect data to evaluate the survival rate of planted vegetation; number, species and growth rates (average heights and diameter). In addition to planted seedlings, surveys will include the number by species of volunteering trees,
Page 15 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT shrubs and woody vines. Surveys will also collect information regarding colonizing plant species, the wetland plant status (scaled from obligate (OBL) to upland (UPL) of each and the number by species of exotic/noxious specimens.
A. Permanent Circular Monitoring Stations
Immediately following initial planting of the Bank, the Sponsor will randomly establish a permanent circular monitoring station for every 20 acres on the Bank. Each station will have a minimum area of 1/20th acre (radius=26 feet). Stations will be identified with a permanent marker (e.g., an 8-foot PVC pipe anchored with a metal T post at plot center) and GPS coordinates will be recorded for each station. A map will be provided to CEMVN (See Reporting Protocols below) that depicts the location of the monitoring stations as well as a coordinating list containing the coordinates for each station. All individual planted seedlings/saplings falling within each monitoring station will be marked with a numbered tag that uniquely identifies each seedling. These seedlings shall also be marked with fluorescent flagging tape for ease of location of specimens for initial site visits. A document providing seedling information shall be presented (to CEMVN) for each monitoring station and this document shall not only list the specific tag number for each seedling within the monitoring station, but also the species (by scientific and common name), height, diameter, wetland rating, hard mast or soft mast categorization, and general condition of each stem.
To establish baseline information this data will be obtained immediately following the initial planting of the Bank site or phase of the Bank.
B. Transects
The Sponsor shall establish transects along planted rows to be used to determine overall survivorship of planted seedlings. Transects shall make up approximately 3% of the total number of rows and arranged so that a representative sample of the entire track is obtained. The beginning and ending points of each transect shall be marked with a permanent marker (e.g., an 8-foot PVC pipe anchored with a metal T post) and GPS coordinates shall be recorded for these points.
To establish baseline information transects will be surveyed to determine the number by species of planted seedlings within 60 days of planting. Transects will be surveyed until successful attainment of the interim success criteria. Initial and interim transect surveys shall record the species present, the number of living seedlings for each species, the wetland indicator status of each species, the mast type of each species and describe the general condition of the seedlings. Any failed areas of plantings should be noted along with an explanation for the failure.
C. Soil Profile
The Sponsor will collect data on the hydrologic conditions of the Bank as necessary. Sufficient data shall be provided to accurately demonstrate variations in soil conditions. Information to demonstrate hydric properties within the soil shall be provided as a description of the upper 12 inches of the soil profile. Such data will be presented as points with GPS coordinates for each point, a hydric indication for each point, and an explanation to support the information for each point. This information shall also be provided on a referenced map included as an attachment.
Page 16 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
The Sponsor will be required to submit a Corps issued JD (at year 5) to show that the Property meets the wetland criterion as described in the 1987 Manual as well as the Regional Supplement of the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region Version 2.0.
D. Floristic Survey
To document the attainment of the long-term success criteria the Sponsor will complete a comprehensive floristic survey for the Bank as part of the monitoring requirements.
A floristic survey should be comprehensive over the entire site, and should be conducted using systematic field techniques. This survey should provide a list of plants and communities existing on the Bank. If adverse conditions such as disease, drought, predation, or herbivory, etc. exist and have impacted the plantings then this information and these conditions need to be discussed in the report.
E. Photographs
Digital images shall be taken from ground level at each monitoring station and from elevated positions throughout the Bank to document overall conditions. These ground level images should provide a North, South, East and West image for each station.
F. Qualitative Analysis
The Sponsor shall evaluate the entire extent of the Bank (or phase of the Bank that this report represents) and provided observations concerning overall seeding survivorship, colonization of the Bank by volunteer plant species, wildlife utilization and any other information that is pertinent to achievement of initial success criteria.
G. Hydrologic Conditions
A description of the condition of any applicable hydrology altering features (culverts, ditches, plugs, etc.) and a general discussion of hydrologic conditions at monitoring stations shall be provided.
H. Ledgers
The Sponsor will utilize the Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) as a ledger to show all transactions. The Sponsor will input the following information: transaction date, permittee name, credits/acres sold and DA permit number. No other reporting measures are required.
X. Monitoring Reports
Independent of the As-built report the Sponsor will submit monitoring reports documenting monitoring efforts at the Bank to the CEMVN by July 31st of the year monitoring occurs. Besides monitoring results for that monitoring year, reports will include a financial assurance
Page 17 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT report documenting withdrawals and deposits. The monitoring reports will follow the guidelines listed below:
The monitoring report will include data sufficient for comparison to the performance standards found in Section VIII. of this Work Plan. The Sponsor shall also include, in these reports, a discussion of all activities which took place at the Bank.
A. As-Built Report
An as-built report will be submitted to CEMVN within 60 days following completion of all work required to restore or enhance special aquatic sites. The as-built report will describe in detail the work performed and provide a list of species planted, the number of each species, the hard or soft mast categorization, and the wetland rating. No deviation from the Mitigation Work Plan may occur without prior approval from the IRT. The as-built report will include a discussion of the coordination with IRT members, a description of and reasons for any approved deviation. The as-built report shall provide: a. A survey showing finished grades and plantings with written documentation, plan view and cross sectional drawings of all construction and establishment work implemented on the Bank. b. Survey data collected from the permanent monitoring stations and the transects. This survey data should include the number and species of the seedlings planted, timing of all work events, and maps showing the location (including latitude/longitude) of all monitoring stations as described in this Work Plan. c. Detailed descriptions of site preparation, planting procedures, etc.
B. Initial Success Criteria Report
The Sponsor shall monitor the Bank in the spring (March 15-May 31) of its second growing season following initial planting of the Bank. The Sponsor will provide an Initial Success Criteria Report by July 31st of that year.
The Sponsor shall provide details in accordance with this Mitigation Work Plan, on any maintenance/management work conducted on the Bank after submission of the As-Built Report. The Sponsor shall provide a brief description of any anticipated maintenance/management work to be conducted prior to attainment of interim success criteria.
1. Vegetation a. Permanent Circular Plot Data
The Sponsor shall provide plot data in tabular form on all planted seedlings falling within each permanent circular monitoring plot as described and as established in accordance with Section IX. of this Mitigation Work Plan. A description of the general condition of the seedlings, including the number and species of surviving seedlings in each monitoring station, the tag number and a discussion of likely causes of mortality for the non-survivors shall be provided. A number (by species) of exotic/invasive species, including, a description of the generalized degree of distribution and whether they are seed bearing trees or seedlings will also be provided.
Page 18 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
b. Transect Data
The Sponsor shall provide data in tabular form for the total number of planted seedlings as described in IX.B of this Mitigation Work Plan. A description of the general condition of the seedlings and the discussion of likely causes of mortality, if appropriate shall also be provided. Exotic/invasive species should be noted along with information on the generalized amount of each and whether they are seed bearing trees or seedlings.
2. Hydrologic Data
The Sponsor shall provide a description of the condition of any applicable hydrology altering features (culverts, ditches, plugs, etc.) and a general discussion of hydrologic conditions at monitoring stations.
3. Photographs
The Sponsor must submit digital photographs in accordance with Section IX.E. of this Mitigation Work Plan.
4. Qualitative Analysis
The Sponsor must provide a qualitative analysis of the site as described in IX.F. of this Mitigation Work Plan.
5. Funding
The Sponsor shall provide CEMVN with copies of the most recent financial account statements for both the financial assurance accounts and the Long-term Maintenance and Protection Fund. If any escrowed funds were used, the Sponsor will include a narrative describing that use, the justification for that use and supporting documentation (e.g. receipts). The Sponsor shall also provide any justification for any requested release from financial assurance accounts.
C. Interim Success Criteria Report
The Sponsor shall monitor the Bank in the spring (March 15-May 31) of its fourth growing season following attainment of the one-year survivorship criteria for the Bank. The Sponsor will provide an Interim Success Criteria Report by July 31st of that year.
1. Vegetation
Note: For a given planting, a minimum of 250 seedlings/saplings per acre must be present at the end of the fourth year (i.e. Year 5) following successful attainment of the one-year survivorship criteria. Trees established through natural recruitment may be included in this tally; however, no less than 125 hard mast-producing seedlings per acre must be present. Surviving hard mast seedlings must be representative of the species composition and percentage identified in this Mitigation Work Plan. Exotic/invasive species may not be included in this tally.
Page 19 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT a. Permanent Circular Plot Data
The Sponsor shall provide plot data in tabular form on all planted seedlings falling within each permanent circular monitoring plot as described and as established in accordance with Section IX. of this Mitigation Work Plan. A description of the general condition of the seedlings, including the number and species of surviving seedlings in each monitoring station, the tag number and a discussion of likely causes of mortality for the non-survivors shall be provided. A number (by species) of exotic/invasive species, including, a description of the generalized degree of distribution and whether they are seed bearing trees or seedlings will also be provided. b. Transect Data
The Sponsor shall provide data in tabular form for the total number of planted seedlings as described in IX.B of this Mitigation Work Plan. A description of the general condition of the seedlings and the discussion of likely causes of mortality, if appropriate shall also be provided. Exotic/invasive species should be noted along with information on the generalized amount of each and whether they are seed bearing trees or seedlings.
2. Hydrologic Data
The Interim Success Criteria will be reached by Year 5 (4 years following attainment of the one- year survivorship criteria) and the Sponsor will provide the CEMVN bank project manager with a CEMVN-issued JD to prove that site hydrology has been restored such that all acreage classified as re-establishment, rehabilitation and preservation meet the wetland criterion as described in the 1987 Manual as well as the November 2010 Regional Supplement to the Corps of Engineers wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region Version 2.0.
3. Photographs
The Sponsor must submit digital photographs in accordance with Section IX.E. of this Mitigation Work Plan.
4. Qualitative Analysis
The Sponsor must provide a qualitative analysis of the site as described in IX.F. of this Mitigation Work Plan. The Sponsor shall provide details on any maintenance/management work conduction on the Bank after submission of the Initial Success Criteria Report. The Sponsor shall provide a brief description of any anticipated maintenance/management work to be conducted prior to attainment of long-term success criteria. Note: By year 5, four years following successful attainment of the one-year survivorship criteria, the developing community must exhibit characteristics and diversity indicative of a viable native forested wetland community commensurate with stand age and site conditions; the Bank, 50-ft option area and the Bank perimeter will be virtually free (approximately 5% or less on an acre-by-acre basis) of exotic/invasive vegetation.
5. Funding
The Sponsor shall provide CEMVN with copies of the most recent financial account statements for both the financial assurance accounts and the Long-term Maintenance and Protection Fund.
Page 20 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
If any escrowed funds were used, the Sponsor will include a narrative describing that use, the justification for that use and supporting documentation (e.g. receipts). The Sponsor shall also provide any justification for any requested release from financial assurance accounts.
D. Long-Term Success Criteria Report
1. Vegetation
The Sponsor shall provide plot data in tabular form on all stems falling within each permanent circular monitoring plot. A description of the general condition of the stems, including the number, species and diameter of living stems and degree of overall canopy closure in each monitoring station, number (by species) of exotic/invasive species, including a description of the generalized degree of distribution and whether they are predominately seed bearing shall also be provided.
2. Hydrologic Data
The Sponsor will provide evidence that wetland hydrology has been maintained as documented within the CEMVN-issued JD provided with the Interim Success Criteria Report described in Section X.C.2.
3. Photographs
The Sponsor must submit digital photographs in accordance with Section IX.E of this Mitigation Work Plan.
4. Qualitative Analysis
The Sponsor must provide a qualitative analysis of the site as described in IX.F of this Mitigation Work Plan. The Sponsor shall provide details on any maintenance/management work conduction on the Bank after submission of the Interim Success Criteria Report. The Sponsor shall provide a brief description of any anticipated maintenance/management work to be conducted prior to attainment of long-term success criteria. Long Term Success Criteria Monitoring shall begin at Year 8 and continue every 3 years until 80% canopy coverage is achieved. The developing community must exhibit characteristics and diversity indicative of a viable native forested wetland community commensurate with stand age and site conditions; the Bank and the perimeter will be virtually free (approximately 5% or less on an acre-by acre basis) of exotic/invasive vegetation.
5. Funding
The Sponsor shall provide CEMVN with copies of the most recent financial account statements for both the financial assurance accounts and the Long-term Maintenance and Protection Fund. If any escrowed funds were used, the Sponsor will include a narrative describing that use, the justification for that use and supporting documentation (e.g. receipts). The Sponsor shall also provide any justification for any requested release from financial assurance accounts.
Page 21 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
XI. Bank Credits
A. Credit Determination
Credits in the Bank were determined using the Louisiana Wetland Rapid Assessment Method. Results are included as Attachment MWP-C. To determine the amount of acres required to offset a particular impact to wetlands, CEMVN will use either best professional judgment or a CEMVN approved assessment method to determine the number of credits per acre available at the bank and the number of credits lost as a result of an impact. The same assessment method will be used to calculate both credits available and credits lost.
Of the 202.8 acres to be restored, 184.4 acres are located below the 5-foot contour and are available as compensation for impacts to coastal resources under Coastal Use Permits issued by the LA DNR OCM (Figure 9).
B. Schedule of Credit Availability
Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by CEMVN in consultation with the IRT, CEMVN will release credits for use by the Sponsor according to the following schedule:
1. Thirty percent (30%) of total anticipated project credits will be available for debiting upon confirmation that all items in Section XI. F (1-7) of the MBI have been completed.
2. An additional twenty percent (20%) of total anticipated credits will be available for debiting upon providing documentation that the vegetative plantings have been conducted and completion of the work necessary to restore site topography and wetland hydrology of the Bank as outlined in Section VI. of this Work Plan.
3. An additional twenty percent (20%) of the total anticipated credits would be released upon successfully completing the initial success criteria (Section VIII. A.).
4. An additional twenty percent (20%) of the total anticipated credits would be released upon successfully completing the interim success criteria (Section VIII B.).
5. The remaining ten percent (10%) of the total anticipated credits would be released once the long-term success criteria (Section VIII. C.) are met.
XII. Adaptive Management Plan
An adaptive management strategy, contingency, and remedial responsibilities shall be in place, and will be implemented in the event monitoring reveals that certain success criteria have not been met. In the event of a deficiency, the Sponsor shall provide a notice to the CEMVN. This notice shall include an explanation for the deficiency, and will outline specific practices and measures that will guide decisions for revising compensatory mitigation plans if needed.
Page 22 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
A. Seedling Survivorship
If the performance standard is not met after three unsuccessful attempts, the CEMVN will convene a meeting with the Sponsor to decide if replanting should continue. Should the CEMVN determine that achieving the required survival rate would not be likely; the Sponsor shall be required to provide replacement mitigation for the increment of value that did not accrue within the unsuccessful areas within one year of this decision.
B. Contingencies for Hydrology
If wetland hydrology is not documented by Year 5, the Sponsor shall specify in the monitoring report those areas where attention is needed. The CEMVN may require the Sponsor to conduct adaptive management measures in order to obtain adequate hydrology. With approval of the CEMVN, the Sponsor would establish a means of increasing the amount of available water to the site.
XIII. Long Term Protection and Maintenance
To ensure long-term sustainability of the resource, the Sponsor shall burden the property with a perpetual conservation servitude as described in Section X of the MBI.
XIV. Funding
Section IX. A of this MBI provides specific details about the funding for the Construction and Establishment (C&E) Activities for the Bank.
A. Construction and Establishment (C&E) Funds
1. Estimate of C&E Funds Required
The estimate of funds required is $82,326.00 for Construction and $38,807.00 for Establishment. Attachment MWP-D is an estimate of work and third-party costs requirements for constructing and establishment of the Bank. These costs are based on recent established contractor costs and current tax rates for Assumption Parish.
2. C&E Funding Mechanism
To fund this account, the Sponsor proposes to establish an escrow account for $121,133.00.
3. C&E Release Schedule
The Financial assurances shall be reduced as success criteria are achieved and the probability decreases that those funds would be needed according to the following schedule:
1. Upon verification that all hydrologic modifications, construction, and planting as describe in this Mitigation Work Plan (Attachment C of the MBI) have been completed to the satisfaction of CEMVN, in consultation with the IRT, CEMVN shall advise the Sponsor and the financial institution that the C & E financial assurance may be reduced to $38,807.00.
Page 23 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
2. Upon verification by CEMVN, in consultation with the IRT, that the initial success criteria have been attained for all tracts to the satisfaction of CEMVN, in consultation with the IRT, CEMVN shall advise the Sponsor and the financial institution that the C & E financial that assurance may be reduced to $28,560.00.
3. Upon verification by CEMVN, in consultation with the IRT, that the interim success criteria have been attained for all tracts to the satisfaction of CEMVN, in consultation with the IRT, CEMVN shall advise the Sponsor and the financial institution that the C&E financial assurance may be reduced to $21,542.00.
4. Upon verification by CEMVN, in consultation with the IRT, that the long-term success criteria (including canopy coverage of at least 80 percent) have been attained for all tracts to the satisfaction of CEMVN, in consultation with the IRT, CEMVN shall notify the Sponsor and the financial institution that the remaining C&E financial assurance may be released to the Sponsor.
B. Long Term Maintenance/Management Funds
1. Long Term Management Needs
The site will incur ongoing costs and maintenance to ensure the integrity of the Bank. Anticipated expenses include boundary maintenance, invasive species control, trail maintenance, regular inspections of the site, and property taxes. The Sponsor will establish a “Long-Term Maintenance and Protection” escrow account to ensure that funds are available for ongoing needs.
2. Annual Cost Estimates for Long-Term Needs
The cost of long-term management is $56,812 from year 16 to year 50. This amounts to $81,589 ($2,332 annually) when adjusted for inflation. Attachment MWP-D contains a description of the necessary work and an itemization of costs to perform the work for long-term management and protection of the Bank.
3. Long Term Maintenance and Protection Funding Mechanism
To ensure that sufficient funds are available to provide for the perpetual maintenance and protection of the Bank, the Sponsor is establishing the “Long-Term Maintenance and Protection” escrow account. This account will be administered by a federally-insured depository that is “well capitalized” or “adequately capitalized” as defined in Section 38 of the Federal Deposit Insurance Act. The account will be incrementally funded by deposit a minimum of $1,138.00 into the account per credit /acre sold at the time of credit sale. The deposit value per credit/acre must reflect, at a minimum, the total fund value divided by no more than 90% of anticipated credits. Once the account is fully funded ($157,455.00), no incremental fund per credit sale is required. The account shall be fully funded by the time 70% of the total number of credits are sold or upon successful achievement of the Long-term Success Criteria, whichever occurs first. If the Long-term Success Criteria are met prior to fully funding the escrow account then the Sponsor must deposit into the escrow account the difference between the amount determined to be full funding and the account balance difference between the amount determined to be full funding and the account balance. Documentation that the account is fully funded is a pre-requisite for release of the remaining credits following attainment of the Long-term Success
Page 24 of 25 ATTACHMENT C: MITIGATION WORK PLAN FOR BOTTOMLAND HARDWOOD HABITAT GWM MITIGATION BANK - MADEWOOD TRACT
Criteria as identified in this Mitigation Work Plan. Accrued interest in excess of the value of the fully funded account may only be used for the administration, operation, maintenance and/or other purposed that directly benefit the Bank. The principal shall not be used and shall remain as part of the Bank’s assets to ensure that sufficient funds are available should perpetual maintenance responsibilities be assumed by a third party. The Sponsor or Long-term Steward may withdraw the accumulated interest only with written approval from CEMVN and only to be used to maintain the Bank. The Sponsor shall provide copies of depository account statements to CEMVN upon request and in their monitoring reports.
Page 25 of 25 ATTACHMENT MWP-A
FIGURES Lat: 29.943591 Long: -90.978837 ^
GWM Mitigation Bank 0 660 1,320 2,640 3,960
Feet Legend Figure 1. Site Map Copyright:© 2013 National Geographic Society, i-cubed Bank Perimeter Madewood Tract Assumption Parish, Louisiana :
Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig1_Madewood_USGS_SiteMap.mxd Date: 1/10/2020 Tensas Bayou Pierre Upper 08050003 Coles Creek 08060203 Chickasawhay 08060204 03170002 Bayou Upper Leaf Middle 03170004 Cocodrie Pearl-Silver 08040306 03180003 Homochitto Black 08060205 08040305 Lower Lower Leaf Chickasawhay 03170005 03170003
Lower Mississippi-Natchez 08060100 Buffalo 08060206 Bogue Chitto Atchafalaya 03180005 08080101 Lower Red Black 08040301 03170007
Pascagoula Bayou Sara-Thompson 03170006 08070201 Lower Pearl. Tangipahoa Mississippi Amite 08070205 03180004 08070202
Tickfaw 08070203 Pascagoula 03170006
Mississippi Site Liberty Coastal Bayou-Tchefuncta Lower 03170009 08090201 Grand River 08070300 Lower Mississippi-Baton Rouge 08070100 Bayou Teche 08080102 Lake Lake Pontchartrain Maurepas 08090202 08070204
Atchafalaya 08080101
Vermilion Eastern 08080103 East Central Louisiana Coastal Bayou 08090203 Teche Louisiana Coastal 08080102 08090301
West Central Louisiana Coastal 08090302
Lower Mississippi-New Orleans 08090100
Legend GWM MitigationSources: Bank Esri, HERE, DeLorme,0 Intermap,7.5 15increment P30 Corp., GEBCO,45 USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceMiles State_Coastal_Zone_Boundary Figure 2. ServiceSurvey, Area Esri Map Japan, METI, Esri China (Hong Kong), swisstopo, USGS HUC Units MapmyIndia, © OpenStreetMap contributors, and the GIS User Madewood Tract Primary Service Area Community East Central Louisiana Coastal Assumption Parish, Louisiana : Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig2_Madewood_ServiceAreaMap.mxd Date: 1/10/2020 0 0.375 0.75 1.5 2.25
GWM Mitigation Bank Miles Legend USGS 1955 Quad - Thibodaux, LA Bank Perimeter Madewood Tract Assumption Parish, Louisiana :
Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig3_Madewood_Historical-Topok.mxd Date: 1/10/2020 Baker Canal North
Crawfish pond (62.2 ac) Cropland (132.0 ac) Ditch (3.8 ac) Berm/Spoil (10.3 ac) Madewood Canal Existing BLH/Trail (1.6 ac) Trail (0.8 ac) ROW (11.9 ac)
Legend 0 325 650 1,300 GWM MitigationSource: Esri,Bank DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus Bank Perimeter Existing Flow Feet Figure 4. ExistingDS, USDA,Conditions USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and Drains flow the GIS User Community ebb and flow Madewood Tract Assumption Parish, Louisiana :
Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig4_MadewoodExisting_Conditions_Map.mxd Date: 1/10/2020 4
2 2 2 2 4 4 2 2 2
2 2 2 2 6 2 2 2 2 2 2 4 6 2 2
2 2 2 2 4 2 2 2 2 2 2 2 2
2 4 4 4 2 2 4 2 2 6 4 4 2 4 6 2 4 4 4 4 4 2 4 4 4 4 4 2 4 4 4 2 2 4 2 4 4 4 2 0 2 2 4 2 6 2 4 2 4 4 2 4 2 4 2 4 4 4 2 2 4
4 2 4 4 2 2 4 4 4 2 2 2 4 4 0 4 4 2 4 4 2 2 4 4 4 4 2 4 4 4 4 6 2 4 2 4 6 6 6 2 4 6 4 6 4 4 4 2
4 6 4
6 2 4
6
4
6 6 6 6 6
6 4 6
6 6 4 4 6 6 2 6 4 4
4 2
4 4 4 4 4 2 4 2 4
8 4 4 2 8 8 8 8 4 4 4 4 6 8 4 8 8 4 4 4 8 4 4 2 4 4 4 4 2 2 4 4 4 4 2 2 8 4 2
4 4 2 4 2 10 6 4 4
2 4 6 4 2 2 4 4 4 0 4 10 4 6 4 10 4 2 6 20 4 10 10 8 4 4 4 8 2 6 4 0 10 4 4 10 6 2 8 4 6 10 4
10 4 4 10 6 4 10 2
6 4 10 8 4 6 4 6 2
8 4 4
6 4 6 2 8 2 10 8 2 8 6 4 2 6 4 8 6 2 8 4 4 4 8 4
10 8 8 4 6 6 4
8 10 8 4 8 8 4 6 8 4 8 8 4 4 6 6 10 4 4 4 4 6 8 4
6 6 4 8 8 8 4
8 4 6
2 4 4 8 4 4 12
10 Legend 4 6 0 250 4 500 1,000 1,500 Elevation (NAVD ft) GWM Mitigation Bank 8 8 6 Feet 6 4 4 <0 4 Source: Esri, DigitalGlobe, GeoEye, Earthstar4 Geographics, CNES/Airbus 8 6 Figure6 5. Existing Elevations Map 1-2 6 DS, USDA, USGS, AEX, Getmapping, Aerogrid, 4 IGN, IGP, swisstopo, and 6
3-4 6 Madewood Tract 8 6 the GIS6 User Community 4 5-6 Assumption Parish, Louisiana 7-8 : >9 Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig5_Madewood_ExistingElevationsMap.mxd Date: 1/10/2020 BA SM FA
TbA
SkA
CmA
W
NRCS Soil Types SkA -Schriever clay (113.6 ac) CmA - Cancienne silt loam (24.6 ac) SM - Schriever clay, frequently flooded (60.7 ac) TbA - Thibaut clay (23.4) GrAW - Water (0.3 ac)
0 200 400 800 1,200 Legend GWM Mitigation Bank Feet Bank Perimeter (222.6 ac) Figure 6. SoilsSource: Map Esri, DigitalGlobe, GeoEye, Earthstar Geographics, MadewoodCNES/Airbus Tract DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, Assumption Parish,swisstopo, Louisiana and the GIS User Community :
Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig6_MadewoodSoilsMap.mxd Date: 1/10/2020 Baker Canal North Existing bottomland hardwood/swamp forest
A A' S5'
S5
S4' S3'
C S4 S3 C'
B D B' D'
S2'
S2
E E'
Non-wet BLH to Remain (1.6 ac) S1'
Non-wet Wildlife Habitat (0.6 ac) S1 Berm Removed (9.5 ac) Trail Removed (0.6 ac) Interior Ditch to Remain (0.6 ac) Interior Ditch to be Filled/Removed (3.1 ac) ROW ROW buffer (50 ft) Field Drain to be Filled/Removed (19,800 lin ft) Exterior Drain/Ditch to Remain
MadewoodSource: Esri,Canal DigitalGlobe, GeoEye, Earthstar Geographics, Hydrology Modifications GWM MitigationCNES/Airbus Bank DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, Legend D!. Culvert/pipe to remove swisstopo, and the GIS User0 Community,375 Esri, HERE,750 DeLorme, 1,500 Figure 7 Feet Bank .! Culvert/pipe to remain MapmyIndia, © OpenStreetMap contributors, and the GIS user Hydrology Improvements and X-Sections %2 community D Pond Outflow Pipe to remove Madewood Tract D%2 Field pipe to remove Assumption Parish, Louisiana : /" Pump to remove
Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig7_Madewood_HydrologyImprovements-CrossSectionMap.mxd Date: 1/10/2020 Baker Canal North
Proposed Mitigation BLH Re-establishment (136.6 ac) BLH Rehabilitation (66.2 ac) Non-mitigation/BLH to remain (1.6 ac) Non-mitigation/ditch (0.6 ac) Non-mitigation/trail/wildlife area (1.2 ac) ROW-excluded from servitude (11.9 ac) 50-ft option-excluded from servitude (4.5 ac) Madewood Canal
Legend GWM MitigationSource: Bank Esri, DigitalGlobe, GeoEye,0 Earthstar200 400 Geographics,800 1,200 Bank CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, Drains Figure 8. Post-Restorationswisstopo, andMap the GIS User Community Feet Direction of Flow Madewood Tract flow ebb and flow Assumption Parish, Louisiana :
Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig8_Madewood_PostRestorationMap.mxd Date: 1/10/2020 Baker Canal North
Proposed Mitigation BLH Re-establishment Above 5-ft. (18.4 ac) BLH Rehabilitation Above 5-ft. (0.0 ac) BLH Re-establishment Below 5-ft. (118.2 ac) BLH Rehabilitation Below 5-ft. (66.2 ac)
Legend Madewood Canal Bank GWM MitigationSource: Bank Esri, DigitalGlobe, GeoEye,0 200 Earthstar400 Geographics,800 1,200 5-ft Contour CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, Non-mitigation/BLH to remain (1.6 ac) Figure 9. Bank Areasswisstopo, Below and 5-ft the GIS User Community, Esri, HERE, DeLorme,Feet Non-mitigation/ditch (0.6 ac) MadewoodMapmyIndia, Tract © OpenStreetMap contributors, and the GIS user Non-mitigation/trail/wildlife area (1.2 ac) community ROW - excluded from servitude area (11.9 ac) Assumption Parish, Louisiana : 50-ft option - excluded from servitude (4.5 ac) Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig9_Madewood_5ftContourMap.mxd Date: 1/10/2020 /
Proposed Cut
Proposed Fill
Elevations from LIDAR data & field observations Figure 10A Proposed Cut
Proposed Fill
Elevations from LIDAR data & field observations Figure 10B Proposed Cut
Proposed Fill
Elevations from LIDAR data & field observations Figure 10C Proposed Cut
Proposed Fill
Elevations from LIDAR data & field observations Figure 10D * Cut material deposited in ditches/ponds to be filled, in low-lying ag areas or in nonwetlands.
Proposed Cut
Proposed Fill
Elevations from LIDAR data & field observations Figure 10E Figure 11A Figure 11B Figure 11C ATTACHMENT MWP-B
PRELIMINARY JURISDICTIONAL DETERMINATION
ATTACHMENT MWP-C
ASSESSMENT METHOD
Louisiana Wetland Rapid Assessment Method (LRAM) Louisiana Wetland Rapid Assessment Method (LRAM)
CEMVN Acct # Conservation Servitude Bank Name Acres Mitigation 202.8 GWM‐Madewood Watershed Basin Barataria Area 1 Area 2 Area 3 Area 4 Area 5 Area 6 Area 7 Area 8 Mitigation Type Re-Est Rehab Pick Here Pick Here Pick Here Pick Here Pick Here Pick Here 6.0 5.0 0.0 0.0 0.0 0.0 0.0 0.0 Management None None Pick Here Pick Here Pick Here Pick Here Pick Here Pick Here 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Negative Influences Medium Medium Pick Here Pick Here Pick Here Pick Here Pick Here Pick Here -0.5 -0.5 0.0 0.0 0.0 0.0 0.0 0.0 Size 500 : 100 500 : 100 Pick Here Pick Here Pick Here Pick Here Pick Here Pick Here
Mitigation Factors 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Buffer / Upland Pick Here Pick Here Pick Here Pick Here Pick Here Pick Here Pick Here Pick Here 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Sum: 5.5 4.5 0.0 0.0 0.0 0.0 0.0 0.0 Area: 136.6 66.2 Sum x Area Affected: 751.3 297.9 0.0 0.0 0.0 0.0 0.0 0.0 ∑ Mitigation: 1049.2 Mitigation Potential: 5.2
COMMENTS
Mitigation Type BLH re-establishment and rehabilitation (202.8 ac)
Management None Entergy overhead transmission line (100 ft ROW) and 30-ft. gas pipeline (both non-servitude) Negative Influences bisect the site. A 50-ft option area (non-servitude) along west side of Energy ROW will be allowed to naturally revegetate. Size Conservation servitude 206.2 (204.4 ac afforested and existing forest)
Buffer/Upland 1.6 ac of existing non-wet BLH ATTACHMENT MWP-D
COST ANAYLSIS REPORT ATTACHMENT MWP‐D (TABLE 1) COST REFERENCE GWM MITIGATION BANK ‐ MADEWOOD TRACT ASSUMPTION PARISH, LOUISIANA
Item Units Unit Values Price Per Unit Total Cost Boundary Maintenance Miles 1.9 $ 150.00 $ 285.00 Pre‐emergent Herbicide Acres 202.8 $ 45.00 $ 9,126.00 Invasive Species Control (5% acreage) Acres 10.1 $ 35.00 $ 355.00 Invasive Species Control (2% acreage) Acres 4.1 $ 40.00 $ 163.00 Invasive Species Mobilization Fixed Fixed $ 150.00 $ 150.00 Monitoring and Reporting (Year 0, 1, 3, & 5) Fixed Fixed$ 3,000.00 $ 3,000.00 Monitoring and Reporting (Year 8, 11, & 14) Fixed Fixed$ 2,750.00 $ 2,750.00 Inspection Hours N/A $ 85.00 $ 85.00 Property Taxes Acres 206.2 $ 3.00 $ 619.00 Planted Acreage Acres 202.8 Tree Cost Trees 109,106 $ 0.22 $ 24,004.00 Planting cost (including Trees) Acres 202.8 $ 265.00 $ 53,742.00 Replanting cost (10% acreage, 50% density) Acres 20.3 $ 150.00 $ 3,042.00 Hydrology Restoration Acres 15.5 $ 400.00 $ 6,200.00 Site Prep (disking & recontouring) Acres 187.3 $ 25.00 $ 4,683.00 Site Prep (subsoiling) Acres 202.8 $ 25.00 $ 5,070.00 Trail Maintenance Acres 0.20 $ 200.00 $ 40.00
D-1 ATTACHMENT MWP‐D (TABLE 2) CONSTRUCTION COSTS GWM MITIGATION BANK ‐ MADEWOOD TRACT ASSUMPTION PARISH, LOUISIANA YEAR 0
Item Units Unit Values Price Per Unit Total Cost Hydrology Restoration Acres 15.5 $ 400.00 $ 6,200.00 Site Prep (disking & recontouring) Acres 187.3 $ 25.00 $ 4,683.00 Site Prep (subsoiling) Acres 202.8 $ 25.00 $ 5,070.00 Planting cost (including Trees) Acres 202.8$ 265.00 $ 53,742.00 Pre‐emergent Herbicide Acres 202.8 $ 45.00 $ 9,126.00 Invasive Species Control (5% acreage) Acres 10.1 $ 35.00 $ 355.00 Invasive Species Mobilization Fixed Fixed$ 150.00 $ 150.00 As‐Built Report (Year 0) Fixed Fixed$ 3,000.00 $ 3,000.00 Total $ 82,326.00
D-2 ATTACHMENT MWP‐D (TABLE 3) ESTABLISHMENT COSTS GWM MITIGATION BANK ‐ MADEWOOD TRACT ASSUMPTION PARISH, LOUISIANA YEAR 1 TO 15
Price Per Inflation Year Event Units Unit Value Percent Total Cost Release Unit Factor Projection 1 Monitoring and Reporting Hours Fixed N/A$ 3,000.00 1.0000$ 3,000.00 $ 38,807.00 C&E Balance 1 Replant Contingency (20% acres, 50% density) Acres 202.8 20%$ 150.00 1.0000 $ 6,084.00 1 Invasive Species Control (5% acreage) Acres 202.8 5%$ 35.00 1.0000 $ 354.90 1 Invasive Species Mobilization Fixed Fixed N/A$ 150.00 1.0000 $ 150.00 1 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 1 Property Taxes Acres 206.2 N/A$ 3.00 1.0000 $ 618.60 1 Year Subtotal $ 10,247.50 Initial Success‐ Year 1 2 Inspection Hours 2.0 N/A$ 85.00 1.0000 $ 170.00 $ 10,247.50 Release 2 Replant Contingency (5% acres, 50% density) Acres 202.8 5%$ 150.00 1.0000 $ 1,521.00 $ 28,559.50 C&E Balance 2 Invasive Species Control (5% acreage) Acres 202.8 5% $ 35.00 1.0000 $ 354.90 2 Invasive Species Mobilization Fixed Fixed N/A$ 150.00 1.0000 $ 150.00 2 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 2 Property Taxes Acres 206.2 N/A$ 3.00 1.0000 $ 618.60 2 Year Subtotal $ 2,854.50 3 Monitoring and Reporting Hours Fixed N/A$ 3,000.00 1.0000 $ 3,000.00 3 Invasive Species Control (5% acreage) Acres 202.8 5%$ 35.00 1.0000 $ 354.90 3 Invasive Species Mobilization Fixed Fixed N/A$ 150.00 1.0000 $ 150.00 3 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 3 Property Taxes Acres 206.2 N/A$ 3.00 1.0000 $ 618.60 3 Year Subtotal $ 4,163.50 Interim Success ‐ Year 3 4 Inspection Hours 2 N/A$ 85.00 1.0000 $ 170.00 $ 7,018.00 Release 4 Invasive Species Control (5% acreage) Acres 202.8 5% $ 35.00 1.0000 $ 354.90 $ 21,541.50 C&E Balance 4 Invasive Species Mobilization Fixed Fixed N/A$ 150.00 1.0000 $ 150.00 4 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 4 Property Taxes Acres 206.2 N/A$ 3.00 1.0000 $ 618.60 4 Year Subtotal $ 1,333.50 5 Monitoring and Reporting Hours Fixed N/A$ 3,000.00 1.0000 $ 3,000.00 5 Invasive Species Control (5% acreage) Acres 202.8 5%$ 35.00 1.0000 $ 354.90 5 Invasive Species Mobilization Fixed Fixed N/A$ 150.00 1.0000 $ 150.00 5 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 5 Property Taxes Acres 206.2 N/A$ 3.00 1.0000 $ 618.60 5 Year Subtotal $ 4,163.50 6 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 6 Property Taxes Acres 206.2 N/A$ 3.00 1.0000 $ 618.60 6 Year Subtotal $ 658.60 7 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 7 Property Taxes Acres 206.2 N/A$ 3.00 1.0000 $ 618.60 7 Year Subtotal $ 658.60 8 Monitoring and Reporting (80% Closure) Fixed Fixed N/A$ 2,750.00 1.0249$ 2,818.48 8 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 8 Property Taxes Acres 206.2 N/A$ 3.00 1.0000 $ 618.60 8 Year Subtotal $ 3,477.08 9 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0000 $ 40.00 9 Property Taxes Acres 206.2 N/A $ 3.00 1.0000 $ 618.60 9 Year Subtotal $ 658.60
D-3 ATTACHMENT MWP‐D (TABLE 3) ESTABLISHMENT COSTS GWM MITIGATION BANK ‐ MADEWOOD TRACT ASSUMPTION PARISH, LOUISIANA YEAR 1 TO 15
Price Per Inflation Year Event Units Unit Value Percent Total Cost Release Unit Factor Projection 10 Invasive Species Control (2% acreage) Acres 202.8 2% $ 40.00 1.0249$ 166.28 10 Invasive Species Mobilization Fixed Fixed N/A$ 150.00 1.0249$ 153.74 10 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0249$ 41.00 10 Property Taxes Acres 206.2 N/A$ 3.00 1.0249$ 634.00 10 Boundary Maintenance Miles 1.9 N/A$ 150.00 1.0249$ 292.10 10 Year Subtotal $ 1,287.11 Long‐Term ‐ Year 10 11 Monitoring and Reporting (80% Closure) Fixed Fixed N/A$ 2,750.00 1.0249$ 2,818.48 $ 12,237.00 Release 11 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0249$ 41.00 $ 9,304.50 C&E Balance 11 Property Taxes Acres 206.2 N/A $ 3.00 1.0249$ 634.00 11 Year Subtotal $ 3,493.47 12 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0249$ 41.00 12 Property Taxes Acres 206.2 N/A$ 3.00 1.0249$ 634.00 12 Year Subtotal $ 675.00 13 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0249$ 41.00 13 Property Taxes Acres 206.2 N/A$ 3.00 1.0249$ 634.00 13 Year Subtotal $ 675.00 14 Monitoring and Reporting (80% Closure) Fixed Fixed N/A$ 2,750.00 1.0249$ 2,818.48 14 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0249$ 41.00 14 Property Taxes Acres 206.2 N/A$ 3.00 1.0249$ 634.00 14 Year Subtotal $ 3,493.47 15 Invasive Species Control (2% acreage) Acres 202.8 2%$ 40.00 1.0249$ 166.28 15 Invasive Species Mobilization Fixed Fixed N/A$ 150.00 1.0249$ 153.74 15 Trail Maintenance Acres 0.2 N/A$ 200.00 1.0249$ 41.00 15 Property Taxes Acres 206.2 N/A$ 3.00 1.0249$ 634.00 15 Boundary Maintenance Miles 1.9 N/A$ 150.00 1.0249$ 292.10 80% Closure 15 Year Subtotal $ 967.10 $ 9,304.50 Release
15 Year Total $ 38,806.53 $0.00 C&E Balance
D-4 ATTACHMENT MWP‐D (TABLE 4)
LONG‐TERM ANNUALIZED COSTS GWM MITIGATION BANK ‐ MADEWOOD TRACT ASSUMPTION PARISH, LOUISIANA YEAR 16 TO 50
Frequency Annualized Item Units Unit Values Price Per Unit Unit Percent Cost (in Years) Cost Boundary Maintenance Miles 1.90 $ 150.00 100% 285.00$ 5 57.00$ Invasive Species Control Acres 202.8 $ 45.00 2.0% 182.52$ 1 182.52$ Road Maintenance Acres 0.20 $ 200.00 100% 40.00$ 1 40.00$ Long‐Term Inspection & Misc. Hours 8 $ 85.00 100% 680.00$ 1 680.00$ Property Taxes Acres 206.2 $ 3.00 100% 618.60$ 1 618.60$ Average Annual Cost 1,578.12$ D-5 ATTACHMENT MWP‐D (TABLE 5) LONG‐TERM COSTS AND PROJECT ACCOUNT ACTIVITY GWM MITIGATION BANK ‐ MADEWOOD TRACT ASSUMPTION PARISH, LOUISIANA YEAR 16 TO 50
Year Item Beginning Balance 2 Adjusted Cost 1 Ending Balance Interest 15 Annual Cost$ 1,578.12 ‐ $ 157,454.98 $ 787.27 16 Annual Cost$ 1,578.12 $ 158,242.25 $ 1,610.79 $ 156,631.46 $ 783.16 17 Annual Cost$ 1,578.12 $ 157,414.62 $ 1,644.13 $ 155,770.49 $ 778.85 18 Annual Cost$ 1,578.12 $ 156,549.34 $ 1,678.16 $ 154,871.18 $ 774.36 19 Annual Cost$ 1,578.12 $ 155,645.54 $ 1,712.90 $ 153,932.63 $ 769.66 20 Annual Cost$ 1,578.12 $ 154,702.30 $ 1,748.36 $ 152,953.94 $ 764.77 21 Annual Cost$ 1,578.12 $ 153,718.71 $ 1,784.55 $ 151,934.16 $ 759.67 22 Annual Cost$ 1,578.12 $ 152,693.83 $ 1,821.49 $ 150,872.34 $ 754.36 23 Annual Cost$ 1,578.12 $ 151,626.70 $ 1,859.19 $ 149,767.50 $ 748.84 24 Annual Cost$ 1,578.12 $ 150,516.34 $ 1,897.68 $ 148,618.66 $ 743.09 25 Annual Cost$ 1,578.12 $ 149,361.76 $ 1,936.96 $ 147,424.79 $ 737.12 26 Annual Cost$ 1,578.12 $ 148,161.92 $ 1,977.06 $ 146,184.86 $ 730.92 27 Annual Cost$ 1,578.12 $ 146,915.78 $ 2,017.98 $ 144,897.80 $ 724.49 28 Annual Cost$ 1,578.12 $ 145,622.29 $ 2,059.75 $ 143,562.54 $ 717.81 29 Annual Cost$ 1,578.12 $ 144,280.35 $ 2,102.39 $ 142,177.96 $ 710.89 30 Annual Cost$ 1,578.12 $ 142,888.85 $ 2,145.91 $ 140,742.94 $ 703.71 31 Annual Cost$ 1,578.12 $ 141,446.65 $ 2,190.33 $ 139,256.32 $ 696.28 32 Annual Cost$ 1,578.12 $ 139,952.60 $ 2,235.67 $ 137,716.93 $ 688.58 33 Annual Cost$ 1,578.12 $ 138,405.51 $ 2,281.95 $ 136,123.56 $ 680.62 34 Annual Cost$ 1,578.12 $ 136,804.18 $ 2,329.19 $ 134,474.99 $ 672.37 35 Annual Cost$ 1,578.12 $ 135,147.37 $ 2,377.40 $ 132,769.97 $ 663.85 36 Annual Cost$ 1,578.12 $ 133,433.82 $ 2,426.61 $ 131,007.21 $ 655.04 37 Annual Cost$ 1,578.12 $ 131,662.24 $ 2,476.84 $ 129,185.40 $ 645.93 38 Annual Cost$ 1,578.12 $ 129,831.33 $ 2,528.11 $ 127,303.21 $ 636.52 39 Annual Cost$ 1,578.12 $ 127,939.73 $ 2,580.45 $ 125,359.28 $ 626.80 40 Annual Cost$ 1,578.12 $ 125,986.08 $ 2,633.86 $ 123,352.22 $ 616.76 41 Annual Cost$ 1,578.12 $ 123,968.98 $ 2,688.38 $ 121,280.60 $ 606.40 42 Annual Cost$ 1,578.12 $ 121,887.00 $ 2,744.03 $ 119,142.97 $ 595.71 43 Annual Cost$ 1,578.12 $ 119,738.68 $ 2,800.83 $ 116,937.85 $ 584.69 44 Annual Cost$ 1,578.12 $ 117,522.54 $ 2,858.81 $ 114,663.73 $ 573.32 45 Annual Cost$ 1,578.12 $ 115,237.05 $ 2,917.99 $ 112,319.06 $ 561.60 46 Annual Cost$ 1,578.12 $ 112,880.65 $ 2,978.39 $ 109,902.26 $ 549.51 47 Annual Cost$ 1,578.12 $ 110,451.78 $ 3,040.04 $ 107,411.73 $ 537.06 48 Annual Cost$ 1,578.12 $ 107,948.79 $ 3,102.97 $ 104,845.82 $ 524.23 49 Annual Cost$ 1,578.12 $ 105,370.05 $ 3,167.20 $ 102,202.85 $ 511.01 50 Annual Cost$ 1,578.12 $ 102,713.86 $ 3,232.76 $ 99,481.10 $ 497.41 Total $ 56,812.32 $ 81,589.15 Average $ 1,578.12 $ 2,331.12
Inflation 2.07% Interest 0.50% Per Credit Acre $ 796.84 Per Credit Acre at 70% $ 1,138.34
Notes: 1 Projected balance using an interest rate of 0.50% applied to the previous year's ending balance. The rate of return is based on a quote from State Bank and Trust Co. provided July 6, 2017. 2Adjusted annual cost using an inflation rate of 2.07% (average Consumer Price Index from 2002‐2017) 3Ending Balance at Year 15 is the projected funding requirement of the account.
D-6 GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
Attachment D
Acceptance Letter
DELTA RESOURCE MANAGEMENT, L.L.C. Phone: 225-715-5733 36504 HWY 30 Fax: 225-744-4374 GEISMAR, LA 70734 [email protected]
[INSERT DATE]
Via E-mail
CEMVN Contact USACE New Orleans District Regulatory Branch 7400 Leake Ave New Orleans, LA 70118-3651
RE: [INSERT PERMITTEE] [INSERT PROJECT] MVN-????-????-???
Dear CEMVN Contact:
GWM, LLC has made arrangements with [INSERT PERMITTEE NAME] (Permitee) to purchase ?.? acres of bottomland hardwood forested or cypress/tupelo gum swamp wetland mitigation credits at its GWM Mitigation Bank – Madewood Tract for unavoidable impacts associated with work authorized by the Department of the Army permit number MVN-????-????-???. GWM, LLC assumes the responsibility for the Permittee’s compensatory mitigation requirements (i.e., to implement, assure performance, and provide long-term management of the compensatory mitigation project) in accordance with provisions of the Mitigation Banking Instrument governing this bank.
Please contact me if you need additional confirmation or information with respect to this transaction.
Sincerely,
Dwayne P. Templet Agent, GWM Mitigation Bank - Madewood Tract
cc: John Boyce, GWM, L.L.C. (via e-mail) [INSERT AGENCY CONTACT(S)] file
Forestry and Wetland Consulting GWM Mitigation Bank - Madewood Tract Mitigation Banking Instrument
Attachment E
LOUISIANA DEPARTMENT OF NATURAL RESOURCES, OFFICE OF COASTAL MANAGEMENT (OCM), MITIGATION BANKING INSTRUMENT AGREEMENT (OCMMBIA), BENEFIT SUMMARY TABLE, AND WETLAND VALUE ASSESSMENT ATTACHMENT E
LOUISIANA DEPARTMENT OF NATURAL RESOURCES, OFFICE OF COASTAL MANAGEMENT (OCM), MITIGATION BANKING INSTRUMENT AGREEMENT (OCMMBIA)
State Authority
Activities within the Louisiana Coastal Zone are regulated and monitored by the Louisiana Department of Natural Resources, Office of Coastal Management (OCM), under authority of the Louisiana Coastal Resources Management Act of 1978, LA. R.S. 49:214.21-214.41. The purpose of this law is to protect, develop, and where feasible, restore or enhance the resources of Louisiana’s Coastal Zone. The Coastal Use Permit (CUP) is the basic regulatory tool of the OCM. The purpose of the CUP process is to make certain that any activity affecting th e Coastal Zone is performed in accordance with regulations and statutes including activities that result in unavoidable adverse impacts to wetlands. The OCM’s authority to require mitigation is found in R.S. 49:214.41. et.seq. The Louisiana Administrative Code, Title 43, Part I, Chapter 7, 724-729 requires compensatory mitigation for all unavoidable impacts and establishes a specific mitigation sequence as law within the Coastal Zone.
The Coastal Wetlands Planning, Protection, and Restoration Act (Public Law 101-646, Title III- CWPPRA) was enacted and signed into law on November 29, 1990. As required by Section 304 of the Act (16 USC 3953), the State of Louisiana developed the Louisiana Coastal Wetlands Conservation Plan (Plan), which was approved by the Secretary of the Army, the Director of the United States Fish and Wildlife Service, and the Administrator of the Environmental Protection Agency on December 1, 1997. The inland boundary of the Coastal Wetlands Conservation Plan was established by interagency coordination and review of maps and imagery, defining the limits of existing wetland habitats and the inland extent of tidal influence.
The participation by the Department of Natural Resources (DNR) in the review of proposed mitigation bank sites that occur within the Louisiana Coastal Zone and/or the Conservation Plan Area is discretionary. Each mitigation bank proposal is subject to the negotiation of a written Mitigation Banking Instrument (MBI) upon terms and conditions acceptable to the DNR Secretary, and those so approved may be eligible to provide mitigation for CUPs in accordance with the Rules and Procedures for Mitigation LAC 43:I.724.J. Approved banks must be strategically located to work in concert with the State’s Comprehensive Master Plan for a Sustainable Coast. Additional OCM Requirements
Mitigation banks shall be required to be maintained, as defined in this MBI, 20 years for marsh and 50 years for forested wetland habitat(s). Maintenance period for each phase/portion of the mitigation bank shall begin upon attainment of initial success criteria. Time periods when subsequent success criteria are not met shall not count towards the overall maintenance period requirement of the bank.
The Sponsor shall provide to the OCM a ledger report by habitat type by January 15 of each year. The ledger will show all transactions at the Bank for the previous reporting period (January 1 through December 31) and a cumulative tabulation of all transactions to date. At a minimum, each ledger entry must include the following information: Permit number (both CEMVN and Coastal Use Permit [CUP]), permittee name, total credits of each habitat type sold for each permit, date of transaction, total mitigation credits/acres for each habitat type that were authorized to be provided by the Bank, total mitigation credits/acres for each habitat type that have been debited from the Bank to date, and total credits for each habitat type that remain to be debited.
For each transaction, and within 10 days of the transaction, the Sponsor shall provide the OCM with a copy of the letter to CEMVN acknowledging acceptance of the permittee’s mitigation responsibilities and include the permittee’s name, permit number (both CEMVN and CUP), date of transaction, number and type (habitat) of credits debited.
To meet requirements of LAC 43:I.723.B.2., credits used to satisfy mitigation requirements of CUPs will only be debited from portions of the Bank that are sited below 5 feet in elevation and not within a fastland. In order to accommodate this requirement, the ledger will be separated into coastal (below 5 feet in elevation and not within a fastland) and non-coastal acres and/or credits based on the map associated with the MBI.
For wetland impacts that only require mitigation via a CUP, the OCM will inform the applicant if the Bank is appropriate for offsetting the unavoidable adverse impacts associated with the proposed project and will determine the number of credits that must be secured from the Bank to fully compensate for those impacts. The applicant may choose this Bank or another bank, determined to be appropriate by the OCM to perform the compensatory mitigation or may choose to perform his own appropriate permittee-responsible mitigation project, with the approval of the OCM. Should the permit applicant receive approval from the OCM to use this Bank and chooses to use this Bank, the permit applicant will contact the Bank Sponsor and arrange for the purchase of the necessary credits. The OCM will coordinate with CEMVN to assure that appropriate credits are available.
Copies of all notifications and reports shall be provided to the OCM in the timeframe as required by the MBI and the work plan. Failure to comply with the above requirements could lead to suspension of this bank for the OCM mitigation purposes. OCM MITIGATION BANK BENEFIT SUMMARY SHEET
GWM MITIGATION BANK - MADEWOOD TRACT
OCM ACRES MITIGATION HABITAT TYPE NOTES ELIGIBLE POTENTIAL
Fresh Marsh
Intermediate Marsh
Brackish Marsh
Saline Marsh
Cypress Swamp
Includes 119.2 acres BLH Re- Bottomland 184.4 0.66* establishment and 65.2 acres BLH Hardwoods Rehabilitation below 5-ft.
* See attached WVAs and MWP Attachments: Figure 4. Existing Conditions, Figure 9 – Bank Areas Below 5-ft. Baker Canal North
Crawfish pond (62.2 ac) Cropland (132.0 ac) Ditch (3.8 ac) Berm/Spoil (10.3 ac) Existing BLH/Trail (1.6 ac) Madewood Canal Trail (0.8 ac) ROW (11.9 ac)
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
Legend GWM Mitigation Bank 0 325 650 1,300 Bank Perimeter Existing Flow Feet Figure 4. Existing Conditions Drains flow ebb and flow Madewood Tract Assumption Parish, Louisiana :
Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig4_MadewoodExisting_Conditions_Map.mxd Date: 3/17/2016 Baker Canal North
Madewood Canal
Proposed Mitigation BLH Re-establishment Above 5-ft. (18.4 ac) BLH Rehabilitation Above 5-ft. (0.0 ac) Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, BLH Re-establishment Below 5-ft. (119.2 ac) CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, BLH Rehabilitation Below 5-ft. (65.2 ac) MapmyIndia, © OpenStreetMap contributors, and the GIS user Legend community Bank 5-ft Contour GWM Mitigation Bank 0 200 400 800 1,200 Non-mitigation/BLH to remain (1.6 ac) Feet Non-mitigation/ditch (0.6 ac) Figure 9. Bank Areas Below 5-ft Non-mitigation/trail/wildlife area (1.2 ac) Madewood Tract ROW - excluded from servitude area (11.9 ac) Assumption Parish, Louisiana : 50-ft option - excluded from servitude (4.5 ac) Document Path: C:\DRM\DRM ArcGIS Data\Boyce\Assumption\GWM Mitigation Bank\MWPs-MBIs_Final\Madewood\Fig9_Madewood_5ftContourMap.mxd Date: 6/23/2017 COMMUNITY HABITAT SUITABILITY MODEL Bottomland Hardwoods
Project...... GWM-Madewood-Mitigation Potential-(P20141315)) Acres: 1.0 Re-establish 122.2 acres Below 5' Contour (Includes 3 acres of BLH Rehab.) Condition: Future With Project
TY 0 TY 1 TY 10 Variable Class/Value SI Class/Value SI Class/Value SI Class Class Class V1 Species Assoc. N/A 1 5 1.00 Age Age Age V2 Maturity 0 0.00 1 0.00 10 0.10 (input age or dbh dbh dbh dbh, not both) Understory % Understory % Understory % V3 Understory / 0 100 20 Midstory Midstory % Midstory % Midstory % 0 0 15 0.74 Class Class Class V4 Hydrology 2 0.50 3 1.00 3 1.00 Class Class Class V5 Forest Size 5 5 5 1.00 Surrounding Values % Values % Values % V6 Land Use
Forest / marsh 50 0.60 60 0.68 60 0.68 Abandoned Ag Pasture / Hay Active Ag 50 40 40 Development Disturbance V7 Class Class Class Type 3 0.41 3 0.65 3 0.65 Class Class Class Distance 1 2 2 HSI = HSI = 0.05 HSI = 0.49
Project...... GWM-Madewood-Mitigation Potential-(P20141315) FWP
TY 25 TY 50 TY Variable Class/Value SI Class/Value SI Class/Value SI Class Class Class V1 Species Assoc. 5 1.00 5 1.00 Age Age Age V2 Maturity 25 0.45 50 1.00 (input age or dbh dbh dbh dbh, not both) Understory % Understory % Understory % V3 Understory / 33 33 Midstory Midstory % Midstory % Midstory % 15 0.89 33 1.00 Class Class Class V4 Hydrology 3 1.00 3 1.00 3 1.00 Class Class Class V5 Forest Size 5 1.00 5 1.00 Surrounding Values % Values % Values % V6 Land Use
Forest / marsh 60 0.68 60 0.68 Abandoned Ag Pasture / Hay Active Ag 40 40 Development Disturbance V7 Class Class Class Type 3 0.65 3 0.65 3 Class Class Class Distance 2 2 HSI = 0.75 HSI = 0.95 HSI =
8/12/2019 COMMUNITY HABITAT SUITABILITY MODEL Bottomland Hardwoods
Project...... GWM-Madewood-Mitigation Potential-(P20141315)Acres: 1.0
Condition: Future Without Project
TY 0 TY 1 TY 10 Variable Class/Value SI Class/Value SI Class/Value SI Class Class Class V1 Species Assoc. N/A N/A N/A Age Age Age V2 Maturity 0 0.00 0 0.00 0 0.00 (input age or dbh dbh dbh dbh, not both) Understory % Understory % Understory % V3 Understory / 0 0 0 Midstory Midstory % Midstory % Midstory % 0 0 0 Class Class Class V4 Hydrology 2 0.50 2 0.50 2 0.50 Class Class Class V5 Forest Size 5 5 5 Surrounding Values % Values % Values % V6 Land Use
Forest / marsh 50 0.60 50 0.60 50 0.60 Abandoned Ag Pasture / Hay Active Ag 50 50 50 Development Disturbance V7 Class Class Class Type 3 0.41 3 0.41 3 0.41 Class Class Class Distance 1 1 1 HSI = HSI = HSI =
Project...... GWM-Madewood-Mitigation Potential-(P20141315) FWP
TY 25 TY 50 TY Variable Class/Value SI Class/Value SI Class/Value SI Class Class Class V1 Species Assoc. N/A N/A Age Age Age V2 Maturity 0 0.00 0 0.00 (input age or dbh dbh dbh dbh, not both) Understory % Understory % Understory % V3 Understory / 0 0 Midstory Midstory % Midstory % Midstory % 0 0 Class Class Class V4 Hydrology 2 0.50 2 0.50 Class Class Class V5 Forest Size 5 5 Surrounding Values % Values % Values % V6 Land Use
Forest / marsh 50 0.60 50 0.60 Abandoned Ag Pasture / Hay Active Ag 50 50 Development Disturbance V7 Class Class Class Type 3 0.41 3 0.41 Class Class Class Distance 1 1 HSI = HSI = HSI =
8/12/2019 AAHU CALCULATION, Bottomland Hardwoods Project: GWM-Madewood-Mitigation Potential-(P20141315)
Future With Project Total Cummulative TY Acres x HSI HUs HUs 0 1.0 0.00 1 1.0 0.05 0.05 0.03 10 1.0 0.49 0.49 2.45 25 1.0 0.75 0.75 9.34 50 1.0 0.95 0.95 21.25
Total CHUs = 33.07 AAHUs = 0.66
Future Without Project Total Cummulative TY Acres x HSI HUs HUs 0 1.0 0.00 1 1.0 0.00 0.00 10 1.0 0.00 0.00 25 1.0 0.00 0.00 50 1.0 0.00 0.00
Total CHUs = 0.00 AAHUs = 0.00
NET CHANGE IN AAHUs DUE TO PROJECT A. Future With Project AAHUs = 0.66 B. Future Without Project AAHUs = 0.00 Net Change (FWP - FWOP) = 0.66
NET CHANGE IN CHUs DUE TO PROJECT A. Future With Project CHUs = 33.07 B. Future Without Project CHUs = 0.00 Net Change (FWP - FWOP) = 33.07
8/12/2019 COMMUNITY HABITAT SUITABILITY MODEL Bottomland Hardwoods
Project...... GWM-Madewood-Mitigation Potential(P20141315) Acres: 1.0 Re-establish 62.2 acres Below 5' Contour (Includes acres w/in Crawfish Ponds only) Condition: Future With Project
TY 0 TY 1 TY 10 Variable Class/Value SI Class/Value SI Class/Value SI Class Class Class V1 Species Assoc. N/A 1 5 1.00 Age Age Age V2 Maturity 0 0.00 1 0.00 10 0.10 (input age or dbh dbh dbh dbh, not both) Understory % Understory % Understory % V3 Understory / 0 100 20 Midstory Midstory % Midstory % Midstory % 0 0 15 0.74 Class Class Class V4 Hydrology 1 0.10 3 1.00 3 1.00 Class Class Class V5 Forest Size 5 5 5 1.00 Surrounding Values % Values % Values % V6 Land Use
Forest / marsh 50 0.60 60 0.68 60 0.68 Abandoned Ag Pasture / Hay Active Ag 50 40 40 Development Disturbance V7 Class Class Class Type 3 0.41 3 0.65 3 0.65 Class Class Class Distance 1 2 2 HSI = HSI = 0.05 HSI = 0.49
Project...... GWM-Madewood-Mitigation Potential(P20141315) FWP
TY 25 TY 50 TY Variable Class/Value SI Class/Value SI Class/Value SI Class Class Class V1 Species Assoc. 5 1.00 5 1.00 Age Age Age V2 Maturity 25 0.45 50 1.00 (input age or dbh dbh dbh dbh, not both) Understory % Understory % Understory % V3 Understory / 33 33 Midstory Midstory % Midstory % Midstory % 15 0.89 33 1.00 Class Class Class V4 Hydrology 3 1.00 3 1.00 3 1.00 Class Class Class V5 Forest Size 5 1.00 5 1.00 Surrounding Values % Values % Values % V6 Land Use
Forest / marsh 60 0.68 60 0.68 Abandoned Ag Pasture / Hay Active Ag 40 40 Development Disturbance V7 Class Class Class Type 3 0.65 3 0.65 3 Class Class Class Distance 2 2 HSI = 0.75 HSI = 0.95 HSI =
8/12/2019 COMMUNITY HABITAT SUITABILITY MODEL Bottomland Hardwoods
Project...... GWM-Madewood-Mitigation Potential(P20141315)Acres: 1.0
Condition: Future Without Project
TY 0 TY 1 TY 10 Variable Class/Value SI Class/Value SI Class/Value SI Class Class Class V1 Species Assoc. N/A N/A N/A Age Age Age V2 Maturity 0 0.00 0 0.00 0 0.00 (input age or dbh dbh dbh dbh, not both) Understory % Understory % Understory % V3 Understory / 0 0 0 Midstory Midstory % Midstory % Midstory % 0 0 0 Class Class Class V4 Hydrology 1 0.10 1 0.10 1 0.10 Class Class Class V5 Forest Size 5 5 5 Surrounding Values % Values % Values % V6 Land Use
Forest / marsh 50 0.60 50 0.60 50 0.60 Abandoned Ag Pasture / Hay Active Ag 50 50 50 Development Disturbance V7 Class Class Class Type 3 0.41 3 0.41 3 0.41 Class Class Class Distance 1 1 1 HSI = HSI = HSI =
Project...... GWM-Madewood-Mitigation Potential(P20141315) FWP
TY 25 TY 50 TY Variable Class/Value SI Class/Value SI Class/Value SI Class Class Class V1 Species Assoc. N/A N/A Age Age Age V2 Maturity 0 0.00 0 0.00 (input age or dbh dbh dbh dbh, not both) Understory % Understory % Understory % V3 Understory / 0 0 Midstory Midstory % Midstory % Midstory % 0 0 Class Class Class V4 Hydrology 1 0.10 1 0.10 Class Class Class V5 Forest Size 5 5 Surrounding Values % Values % Values % V6 Land Use
Forest / marsh 50 0.60 50 0.60 Abandoned Ag Pasture / Hay Active Ag 50 50 Development Disturbance V7 Class Class Class Type 3 0.41 3 0.41 Class Class Class Distance 1 1 HSI = HSI = HSI =
8/12/2019 AAHU CALCULATION, Bottomland Hardwoods Project: GWM-Madewood-Mitigation Potential(P20141315)
Future With Project Total Cummulative TY Acres x HSI HUs HUs 0 1.0 0.00 1 1.0 0.05 0.05 0.03 10 1.0 0.49 0.49 2.45 25 1.0 0.75 0.75 9.34 50 1.0 0.95 0.95 21.25
Total CHUs = 33.07 AAHUs = 0.66
Future Without Project Total Cummulative TY Acres x HSI HUs HUs 0 1.0 0.00 1 1.0 0.00 0.00 10 1.0 0.00 0.00 25 1.0 0.00 0.00 50 1.0 0.00 0.00
Total CHUs = 0.00 AAHUs = 0.00
NET CHANGE IN AAHUs DUE TO PROJECT A. Future With Project AAHUs = 0.66 B. Future Without Project AAHUs = 0.00 Net Change (FWP - FWOP) = 0.66
NET CHANGE IN CHUs DUE TO PROJECT A. Future With Project CHUs = 33.07 B. Future Without Project CHUs = 0.00 Net Change (FWP - FWOP) = 33.07
8/12/2019