04. Updated Forest Mitigation Agreement with the Metro Flood Diversion Authority

19 7.3.4 Invasive Species Any mitigation areas one-quarter acre in size or larger that have greater than 50 percent areal cover of invasive, non-native (InNN) species must be treated (e.g., herbicide) and/or cleared (e.g., disked) and then planted with native seed, live stakes, or seedlings, appropriate to the planting strategy. 7.4 Long-term Management Plan As part of the Federal FMM Project the forest mitigation sites will be turned over to the non- federal sponsors (the Metro Flood Diversion Authority, Fargo, ND, and Moorhead, MN) once construction of the project is completed. The non-federal sponsors would then assume responsibility for maintenance and management of the mitigation sites in accordance with the Project Partnership Agreement. 7.5 Adaptive Management Plan An adaptive management plan for compensatory mitigation sites was initially prepared by the U.S. Army Corps of Engineers, St. Paul District as part of the Final Feasibility Report and Environmental Impact Statement for the Fargo-Moorhead Metropolitan Area Flood Risk Management Project, dated July 2011. The AMMP was provided as Attachment 6 to that report. The AMMP is a living document, was updated in Supplemental Environmental Assessments, and will continue to undergo alterations per the process provide in the AMMP. The AMMP includes corrective actions that can be taken in the event that mitigation sites do not meet the performance standards listed previously. 7.6 Site Protection Instrument The sites identified as potential options for forest mitigation are either planned for acquisition or are currently owned by one of the local governments that collectively make up the non-federal sponsors. A conservation easement or other protective mechanism will be established for each mitigation site. The mechanism will prohibit incompatible uses at the site including plowing, grading, mining, and other actions that would directly or indirectly reduce the quality and quantity of forest at each site. 7.7 Financial Assurance A financial assurance is not proposed for these mitigation sites since it is part of a federal project undertaken by the U.S. Army Corps of Engineers. The Corps will ensure that the mitigation sites are constructed in accordance with the AMMP and the Forest Mitigation Plan and that the sites meet the established performance standards. Perennial Species Composition of NNI 8≥1 12≥1 15≥1 Maximum Allowance for Unvegetated Areas ≤5%/acre1 ≤2%/acre2 ≤2%/acre 1 For >1 consecutive growing seasons 2 For >2 growing season after Interim 1 is met NNI = native, non-invasive InNN = invasive, non-native