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Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344)

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Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that Southwestern Energy Company, 1000 Southwestern Energy Drive,Conway, Arkansas 72032 has submitted their Caney Creek Mitigation Bank (CCMB) prospectus. The prospectus outlines Streamworks Mitigation Service’s (SMS) proposal for developing and operating a single-user mitigation bank for Southwestern Energy Company (SWN) which is known as the banking instrument. After public comments are received and any issues are resolved on the prospectus, SMS will submit a draft banking instrument to the District Engineer of the Little Rock District. The District Engineer will then distribute the draft banking instrument to the Interagency Review team (IRT), which is comprised of the Corps, and pertinent state and Federal resource agencies. The IRT will review the banking instrument and coordinate with SMS on any issues until the banking instrument is completed. Finally, the District Engineer will review the final instrument and make a decision to approve or not approve. The entire process usually takes a minimum of seven months.

TO WHOM IT MAY CONCERN: Comments are invited on the work described below. Please see the Public Involvement section for details on submitting comments. Point of Contact: If additional information is desired, please contact the project manager, Mr. Marc Fossett, telephone number: (501) 324-5295, mailing address: Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas 72203‑0867, email address: marc.r.fossett@usace.army.mil. An electronic copy of the Caney Creek Mitigation Bank can be viewed on the Little Rock District homepage at http://www.swl.usace.army.mil/regulatory/Publicnotices.html or a hard copy can be obtained from the Corps of Engineers through the contact information listed above. Project Information: Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that Southwestern Energy Company 1000 Southwestern Energy Drive Conway, Arkansas 72032 has submitted their Caney Creek Mitigation Bank (CCMB) prospectus. The prospectus outlines Streamworks Mitigation Service’s (SMS) proposal for developing and operating a single-user mitigation bank for Southwestern Energy Company (SWN) which is known as the banking instrument. After public comments are received and any issues are resolved on the prospectus, SMS will submit a draft banking instrument to the District Engineer of the Little Rock District. The District Engineer will then distribute the draft banking instrument to the Interagency Review team (IRT), which is comprised of the Corps, and pertinent state and Federal resource agencies. The IRT will review the banking instrument and coordinate with SMS on any issues until the banking instrument is completed. Finally, the District Engineer will review the final instrument and make a decision to approve or not approve. The entire process usually takes a minimum of seven months. The SMS proposes to establish a single-user mitigation bank in the Cadron Creek watershed located in Faulkner County, Arkansas, to be known as the Caney Creek Mitigation Bank (CCMB). The CCMB will offset unavoidable adverse impacts to streams and other aquatic resources authorized by the Clean Water Act, Section 404 permits that are issued in the proposed service areas. Compensatory mitigation will be carried out on streams, wetlands, and riparian areas through restoration, enhancement and preservation. The proposed mitigation bank will focus on the restoration of the stream channel and the enhancement of riparian areas to generate stream mitigation credits. This mitigation bank will be developed in accordance with the Compensatory Mitigation for Losses of Aquatic Resources – Final Rule (DOD and EPA, 2008) under the guidance of the IRT. The mitigation bank will be operated and managed by SMS. Properties associated with the bank will be held in conservation easement. The CCMB was visited by members of the IRT on April 23, 2013. The CCMB site is located within the Arkansas River Valley Ecoregion (37); subsection 37c Arkansas Valley Hills. Within this ecoregion, there are two major ecosystems at the CCMB, Ozark-Ouachita Riparian and Interior Highlands Unglaciated Forest. The Valley within the project area is relatively flat, with elevations ranging from 318 feet along Caney Creek to 345feet within the uplands. The proposed project site is located on Caney Creek and other unnamed tributaries to Caney Creek in section 33, T. 7 N., R. 11 W., east of Enola, in Faulkner County, Arkansas. Caney Creek is a third order stream running east to west along the southern boundary of the property. The property site is owned by a private third party and the mitigation bank was placed in a conservation easement at the Faulkner County courthouse. The mitigation site is located on a 100-acre tract of land that encompasses 3,098 linear feet of Caney Creek, Stream Reach A has 955 linear feet of perennial stream, and Stream Reach B and C has 3,990 linear feet of intermittent stream for a total of 8,043 linear feet of stream restoration, enhancement and preservation. Reach A is incised with eroding banks; enhancement activities will include bank stabilization and grade control. Reach B will be preserved and the left descending bank will be re-vegetated to ensure a minimum 100-foot-wide buffer. The Reach C upper portion was filled years ago for agriculture activities. The lower portion was altered by extensive surface soil removal and ditching. Activities for Reach C will include installation of structures and bioengineering materials where needed to stabilize the channel and to restore aquatic habitat. The proposed site includes wetlands on the site that will include a combination of restoration, buffer enhancement, and creation on 28 acres of the site. There are two separate wetland areas totaling approximately 9.09 acres. The three-acre shale pit will be converted into a shallow wetland in conjunction with the restoration of Reach C. Soils will be replaced and planted with appropriate vegetation within SMS greenhouse operation. The 1.37-acre Pin Oak flat located along the western boundary is only slightly impaired and will be used for preservation. The entire site will be re-vegetated with native hardwood and herbaceous species with a density of 302 stems per acre. A minimum 100-foot-wide buffer will be maintained where property boundaries allow. The CCMB would be located in the Cadron Creek watershed or 8-digit hydrologic unit code (HUC) 11110205; therefore, this would be the bank’s primary service area. Caney Creek is a tributary to Muddy Bayou, a primary contributing waterbody to East Fork Cadron Creek. The basic project purpose is to provide compensatory mitigation for impacts to waters of the United States. The overall project purpose is to develop and operate the Caney Creek Mitigation Bank which would provide credits for SWN that adversely impact wetlands and/or streams associated with Department of the Army, Section 404 permits. This project is water dependent. The location and general plan for the proposed work are shown on the enclosed sheets. Water Quality Certification: By copy of this public notice, the applicant is requesting water quality certification from the Arkansas Department of Environmental Quality (ADEQ) in accordance with Section 401(a)(1) of the Clean Water Act. Upon completion of the comment period and a public hearing, if held, a determination relative to water quality certification will be made. Evidence of this water quality certification or waiver of the right to certify must be submitted prior to the issuance of a Corps of Engineers permit. Cultural Resources: A Corps staff archeologist will review topographic maps, the National Register of Historic Places, and other data on reported sites in the area. The District Engineer invites responses to this public notice from Native American Nations or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns with historic properties in the area. This public notice initiates consultation under Section 106 of the National Historic Preservation Act with any Tribe that has information or concerns with historic properties in the proposed permit area. Endangered Species: Our preliminary determination is that the proposed activity will not affect listed Endangered Species or their critical habitat. A copy of this notice is being furnished to the U.S. Fish and Wildlife Service and appropriate state agencies and constitutes a request to those agencies for information on whether any listed or proposed‑to‑be‑listed endangered or threatened species may be present in the area which would be affected by the proposed activity. Flood Plain: We are providing copies of this notice to appropriate flood plain officials in accordance with 44 CFR Part 60 (Flood Plain Management Regulations Criteria for Land Management and Use) and Executive Order 11988 on Flood Plain Management. Section 404(b)(1) Guidelines. The evaluation of activities to be authorized under this permit which involves the discharge of dredged or fill material will include application of guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act. These guidelines are contained in 40 Code of Federal Regulations (CFR) 230. Public Involvement: Any interested party is invited to submit to the above-listed POC written comments or objections relative to the proposed work on or before July 17, 2013. Substantive comments, both favorable and unfavorable, will be accepted and made a part of the record and will receive full consideration in determining whether this work would be in the public interest. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. The District Engineer will determine if the issues raised are substantial and whether a hearing is needed for making a decision. NOTE: The mailing list for this Public Notice is arranged by state and county(s) where the project is located, and also includes any addressees who have asked to receive copies of all public notices. Please discard notices that are not of interest to you. If you have no need for any of these notices, please advise us so that your name can be removed from the mailing list. Enclosures Approximate Coordinates of Project Center Latitude: 35.19880 Longitude: -92.12271 UTM Zone: 15 North: 3895404 East: 575349

JOINT PUBLIC NOTICE US ARMY Corps Of Engineers® Little Rock District

CORPS OF ENGINEERS ­ STATE OF ARKANSAS

Application Number: 2013-00041 Date: June 17, 2013 Comments Due: July 17, 2013

TO WHOM IT MAY CONCERN: Comments are invited on the work described below. Please see the Public Involvement section for details on submitting comments. Point of Contact: If additional information is desired, please contact the project manager, Mr. Marc Fossett, telephone number: (501) 324-5295, mailing address: Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas 72203-0867, email address: marc.r.fossett@usace.army.mil. An electronic copy of the Caney Creek Mitigation Bank can be viewed on the Little Rock District homepage at http://www.swl.usace.army.mil/regulatory /Publicnotices.html or a hard copy can be obtained from the Corps of Engineers through the contact information listed above. Project Information: Pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344), notice is hereby given that Southwestern Energy Company 1000 Southwestern Energy Drive Conway, Arkansas 72032 has submitted their Caney Creek Mitigation Bank (CCMB) prospectus. The prospectus outlines Streamworks Mitigation Service's (SMS) proposal for developing and operating a single-user mitigation bank for Southwestern Energy Company (SWN) which is known as the banking instrument. After public comments are received and any issues are resolved on the prospectus, SMS will submit a draft banking instrument to the District Engineer of the Little Rock District. The District Engineer will then distribute the draft banking instrument to the Interagency Review team (IRT), which is comprised of the Corps, and pertinent state and Federal resource agencies. The IRT will review the banking instrument and coordinate with SMS on any issues until the banking instrument is completed. Finally, the District Engineer will review the final instrument and make a decision to approve or not approve. The entire process usually takes a minimum of seven months. The SMS proposes to establish a single-user mitigation bank in the Cadron Creek watershed located in Faulkner County, Arkansas, to be known as the Caney Creek Mitigation Bank (CCMB). The CCMB will offset unavoidable adverse impacts to streams and other aquatic resources authorized by the Clean Water Act, Section 404 permits that are issued in the proposed service areas. Compensatory mitigation will be carried out on streams, wetlands, and riparian areas through restoration, enhancement and preservation. The proposed mitigation bank will focus on the restoration of the stream channel and the enhancement of riparian areas to generate stream mitigation credits. This mitigation bank will be developed in accordance with the Compensatory Mitigation for Losses of Aquatic Resources ­ Final Rule (DOD and EPA, 2008) -1-

under the guidance of the IRT. The mitigation bank will be operated and managed by SMS. Properties associated with the bank will be held in conservation easement. The CCMB was visited by members of the IRT on April 23, 2013. The CCMB site is located within the Arkansas River Valley Ecoregion (37); subsection 37c Arkansas Valley Hills. Within this ecoregion, there are two major ecosystems at the CCMB, Ozark-Ouachita Riparian and Interior Highlands Unglaciated Forest. The Valley within the project area is relatively flat, with elevations ranging from 318 feet along Caney Creek to 345feet within the uplands. The proposed project site is located on Caney Creek and other unnamed tributaries to Caney Creek in section 33, T. 7 N., R. 11 W., east of Enola, in Faulkner County, Arkansas. Caney Creek is a third order stream running east to west along the southern boundary of the property. The property site is owned by a private third party and the mitigation bank was placed in a conservation easement at the Faulkner County courthouse. The mitigation site is located on a 100-acre tract of land that encompasses 3,098 linear feet of Caney Creek, Stream Reach A has 955 linear feet of perennial stream, and Stream Reach B and C has 3,990 linear feet of intermittent stream for a total of 8,043 linear feet of stream restoration, enhancement and preservation. Reach A is incised with eroding banks; enhancement activities will include bank stabilization and grade control. Reach B will be preserved and the left descending bank will be re-vegetated to ensure a minimum 100-foot-wide buffer. The Reach C upper portion was filled years ago for agriculture activities. The lower portion was altered by extensive surface soil removal and ditching. Activities for Reach C will include installation of structures and bioengineering materials where needed to stabilize the channel and to restore aquatic habitat. The proposed site includes wetlands on the site that will include a combination of restoration, buffer enhancement, and creation on 28 acres of the site. There are two separate wetland areas totaling approximately 9.09 acres. The three-acre shale pit will be converted into a shallow wetland in conjunction with the restoration of Reach C. Soils will be replaced and planted with appropriate vegetation within SMS greenhouse operation. The 1.37-acre Pin Oak flat located along the western boundary is only slightly impaired and will be used for preservation. The entire site will be re-vegetated with native hardwood and herbaceous species with a density of 302 stems per acre. A minimum 100-foot-wide buffer will be maintained where property boundaries allow. The CCMB would be located in the Cadron Creek watershed or 8-digit hydrologic unit code (HUC) 11110205; therefore, this would be the bank's primary service area. Caney Creek is a tributary to Muddy Bayou, a primary contributing waterbody to East Fork Cadron Creek. The basic project purpose is to provide compensatory mitigation for impacts to waters of the United States. The overall project purpose is to develop and operate the Caney Creek Mitigation Bank which would provide credits for SWN that adversely impact wetlands and/or streams associated with Department of the Army, Section 404 permits. This project is water dependent. The location and general plan for the proposed work are shown on the enclosed sheets. Water Quality Certification: By copy of this public notice, the applicant is requesting water quality certification from the Arkansas Department of Environmental Quality (ADEQ) in

-2-

accordance with Section 401(a)(1) of the Clean Water Act. Upon completion of the comment period and a public hearing, if held, a determination relative to water quality certification will be made. Evidence of this water quality certification or waiver of the right to certify must be submitted prior to the issuance of a Corps of Engineers permit. Cultural Resources: A Corps staff archeologist will review topographic maps, the National Register of Historic Places, and other data on reported sites in the area. The District Engineer invites responses to this public notice from Native American Nations or tribal governments; Federal, State, and local agencies; historical and archeological societies; and other parties likely to have knowledge of or concerns with historic properties in the area. This public notice initiates consultation under Section 106 of the National Historic Preservation Act with any Tribe that has information or concerns with historic properties in the proposed permit area. Endangered Species: Our preliminary determination is that the proposed activity will not affect listed Endangered Species or their critical habitat. A copy of this notice is being furnished to the U.S. Fish and Wildlife Service and appropriate state agencies and constitutes a request to those agencies for information on whether any listed or proposed-to-be-listed endangered or threatened species may be present in the area which would be affected by the proposed activity. Flood Plain: We are providing copies of this notice to appropriate flood plain officials in accordance with 44 CFR Part 60 (Flood Plain Management Regulations Criteria for Land Management and Use) and Executive Order 11988 on Flood Plain Management. Section 404(b)(1) Guidelines. The evaluation of activities to be authorized under this permit which involves the discharge of dredged or fill material will include application of guidelines promulgated by the Administrator, Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act. These guidelines are contained in 40 Code of Federal Regulations (CFR) 230. Public Involvement: Any interested party is invited to submit to the above-listed POC written comments or objections relative to the proposed work on or before July 17, 2013. Substantive comments, both favorable and unfavorable, will be accepted and made a part of the record and will receive full consideration in determining whether this work would be in the public interest. The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership and, in general, the needs and welfare of the people.

-3-

The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request in writing within the comment period specified in this notice that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. The District Engineer will determine if the issues raised are substantial and whether a hearing is needed for making a decision. NOTE: The mailing list for this Public Notice is arranged by state and county(s) where the project is located, and also includes any addressees who have asked to receive copies of all public notices. Please discard notices that are not of interest to you. If you have no need for any of these notices, please advise us so that your name can be removed from the mailing list. Enclosures Approximate Coordinates of Project Center Latitude: 35.19880 Longitude: -92.12271 UTM Zone: 15

North: 3895404

East: 575349

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Caney Creek Mitigation Bank Prospectus

ACTION NO. 2013-00041 Southwestern Energy Company Caney Creek Mitigation Bank

Sec 33, T. 7 N., R. 11 W. May 2013 Sheet 6 of9

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Sec 33, T. 7 N., R. 11 W. May 2013 Sheet 9 of9

Caney Creek Mitigation Bank Prospectus A single-client bank for Southwestern Energy Company

TABLE OF CONTENTS INTRODUCTION

1

1.0 Objective 2.0 Site Selection and Justification 3.0 Site Protection Instrument 4.0 Baseline Information 5.0 Determination of Credits 6.0 Mitigation Work Plan 7.0 Operation and Maintenance Plan 8.0 Performance Standards 9.0 Monitoring Requirements 10.0 Long-term Management 11.0 Adaptive Management 12.0 Financial Assurances

2 2 2 3 4 4 6 6 6 6 6 6

LIST OF TABLES Table 1: Summary of background information of the Caney Creek Mitigation Bank Table 2: Reach names, stream lengths, and associated stream credit production for the Caney Creek Mitigation Bank Table 3: Mean Wetland Indicator Value for plants collected at the Caney Creek Mitigation Bank on July 30th, 2012 Table 4: Vegetation planting list for the Caney Creek Mitigation Bank

1 2 3 5

APPENDIX A: Figures Figure 1: Vicinity Map for the Caney Creek Mitigation Bank Figure 2: Topographic map of the Caney Creek Mitigation Bank (USGS) Figure 3: Aerial map of the Caney Creek Mitigation Bank Figure 4: Aerial map of the Caney Creek Mitigation Bank wetland areas Figure 5: Wetland delineation sampling points for the Caney Creek Mitigation Bank Figure 6: Topographic map of the wetland areas of the Caney Creek Mitigation Bank Figure 7: Wetland area soils map of the Caney Creek Mitigation Bank Figure 8: Soils map of the Caney Creek Mitigation Bank (NRCS 2011) Figure 9: Photo point locations for the Caney Creek Mitigation Bank taken April 10th, 2012 Figure 10: Proposed primary and secondary service areas for the Caney Creek Mitigation Bank APPENDIX B: Site photographs

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Caney Creek Mitigation Bank Prospectus

Introduction The proposed Caney Creek Mitigation Bank is a single client bank in the Cadron watershed developed for Southwestern Energy Company to be used as compensatory mitigation for unavoidable impacts authorized under Section 404 of the Clean Water Act. This combined wetland and stream mitigation project is located on 100-acres in Section 33, Township 7N, Range 11W of Faulkner County, Arkansas, east of Enola along HWY 310 (Figure A-1). The project will restore, enhance, or protect 3,098 linear feet (LF) of Caney Creek, 5,564 LF of tributaries, and approximately 28-acres of wetland prairie and Pin Oak/Willow Oak flat under the guidance of the Compensatory Mitigation for Losses of Aquatic Resources, Final Rule. Regulation 40CFR Part 230 (USACE & USEPA 2008). Caney Creek is a tributary to Muddy Bayou, a primary contributing waterbody to East Fork Cadron Creek. An initial site visit by the Little Rock District Corps of Engineers (LRD) was conducted in November 2011 and additional Interagency Review Team participation will include: the U.S. Fish and Wildlife Service, Region IV (FWS); the U.S. Environmental Protection Agency, Region VI (EPA); the Arkansas Department of Environmental Quality (ADEQ); the Arkansas Game and Fish Commission (AGFC); the Arkansas Natural Heritage Commission (ANHC); and the Arkansas Natural Resources Commission (ANRC). Table 1: Summary of background information of the Caney Creek Mitigation Bank BACKGROUND INFORMATION

Project Name Project Sponsor Site Location County 8-digit HUC 10-digit HUC 12-digit HUC Proposed primary service Area Proposed secondary service area Protection Mechanism Monitoring Frequency Anticipated Date of Final Monitoring Size of Mitigation Area Date of Initial USACE Visit

Mitigation Objectives

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Caney Creek Mitigation Bank Prospectus

Caney Creek Mitigation Bank Southwestern Energy Company Sections 33, Township 7N, Range 11W Faulkner Cadron 11110205 East Fork Cadron Creek 1111020502 Muddy Bayou 111102050304 Cadron Lake Conway-Point Remove Upper White-Bayou Des Arc Conservation Easement filed and recorded with the Land Trust of Arkansas March 2012 annually 2018 ~100 acres/8,662 LF of streams 28-acres of wetlands and buffers November 2011 To establish a single client mitigation bank in association with the granting of Department of the Army permits through restoration and enhancement of a 8,662 LF of streams, 28acres of wetlands, and associated riparian buffer zones.

1.0 Objective The project objective is to develop a single client mitigation bank in the Cadron watershed in association with the granting of Department of Army permits through restoration, enhancement, and preservation of stream channels, wetlands, and associated buffers along Caney Creek. The project goal is to restore the perennial, intermittent, and ephemeral streams and to restore and create wetland habitat. The specific design objectives of the project included: · Restoration or enhancement of channel dimension, pattern and profile; · Water quality enhancement in the Cadron watershed through sediment reduction, nutrient removal, streambank stability, and erosion control; · Water quantity improvement through water storage and flood control, improved ground water recharge, and improved and restored hydrologic connections; · Enhancement of aquatic and terrestrial habitats through improved substrate and instream cover, addition of woody debris, reduction in water temperature due to shading, restoration of terrestrial habitat, increase of spatial extent of natural area, and improved aesthetics. Table 2: Reach names, stream lengths, and associated stream credit production for the Caney Creek Mitigation Bank

Reach Name

Stream Type

Caney Creek Reach A

Perennial Intermittent

Reach B Reach C Totals

Perennial Intermittent

Estimated Stream Length (ft) 3,098 1,075 955 2,915 8,043

Mitigation Activity Enhancement Enhancement Preservation Restoration

2.0 Site Selection and Justification The proposed Caney Creek Mitigation bank is a 100-acre site located along Caney Creek approximately two miles upstream from the confluence with Muddy Bayou (HUC 11110205) (Figure A-1). The project site was used for cattle and hay production with stream channel segments filled or degraded to facilitate agriculture. Hydrology on site has been manipulated through land clearing, channel filling, dredging, and surface mining. Impacts to the site model existing and potential effects of natural gas drilling on headwater systems and will offset future gas development impacts. Additional benefits include improved water quantity through water retention and increased ground water recharge. Restoration and reforestation of this site will reduce sediment contributions to East Fork Cadron Creek and provide connectivity to adjacent forested areas. 3.0 Site Protection Instrument The property is owned by a private third party and the mitigation acreage was placed in a conservation easement with the Arkansas Land Trust and filed at the courthouse in Faulkner County on April 30th, 2012. The site will be monitored annually by the Arkansas Land Trust to ensure that the easement restrictions are being followed.

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Caney Creek Mitigation Bank Prospectus

4.0 Baseline Information The Caney Creek site is located within the Arkansas River Valley Ecoregion (37); subsection 37c ­ Arkansas Valley Hills (AWAP 2004). Within this ecoregion, there are two major ecosystems at the Caney Creek site described in baseline vegetation monitoring report: Ozark-Ouachita Riparian and Interior Highlands Unglaciated Forest. The valley slope within the project area is relatively flat, with elevations ranging from 318 ft along Caney Creek to 345 ft within the uplands. Enola, Arkansas, receives an average of 48.3 inches of rainfall per year. Wetland delineation sampling was conducted in June 2012. Soil sampling revealed the presence of wetland indicators including, but not limited to, oxidized rhizospheres, reduced iron lenses, and saturation visible on aerial photos (Figure A-5). Soils are mapped into three primary units, all are considered partially hydric. The majority of the site, 70-acres, is Leadville silt loam, one to three percent slopes. These are moderately well-drained soils with a parent material of loamy colluvium derived from shale and siltstone. The secondary soils, 25-acres, are Ouachita silt loam, occasionally flooded. These soils are a loamy alluvium located in the floodplain of Caney Creek and Reach C. The third unit is Taft silt loam, zero to two percent slopes located along four acres of the left descending bank of Caney Creek (Figures A-6 & A-7). A baseline plant community monitoring survey was established along two 100-meter transects within the mitigation area. Wetland components of this ecosystem are represented by various panic grasses (Dichanthelium/Panicum spp.), sedges, a spikerush (Eleocharis sp.), buttonbush (Cephalanthus occidentalis) and smartweed (Polygonum pennsylvanicum). Oak flatwood components are represented by several native, warm-season grasses including Tridens strictus and Eragrostis spectabilis, as well as slender mountain mint, greenbrier (Simlax spp.) and blue sedge (Carex glaucodea). Preliminary site evaluations were conducted in June 2012. Results from the vegetative sampling yielded a mean indicator value of 2.43 (a value of 3.0 or less serves as a good indicator of the presence of a wetland). Table 3: Mean Wetland Indicator Value for plants collected at the Caney Creek Mitigation Bank on July 30th, 2012

LUDWIGIA GLANDULOSA

Seed box

REGON 2 INDICATOR STATUS Obligate

POLYGONUM PUNCTATUM

Dotted Smartweed

Fac Wetland

2

ERYNGIUM YUCCIFOLIUM

Rattlesnake Master

Fac

3

TRIDENS STRICTUS

Long Spike Tridens

Fac Wetland

2

CYPERUS ERYTHRORHIZOS

Red root Flat Sedge

Obligated

1

HELIANTHUS MOLLIS

Prairie Sunflower

Upland

5

SENECIO TOMENTOSUS

Woolly Groundsel

Fac Upland

4

JUNCUS MARGINATUS

Fac Wetland

2

Fac Wetland

2

ELYMUS VIRGINICUS

Grass leaf Rush Red Top Panic Grass Virginia Wild Rye

Fac

3

HYDROLEA OVATA

False Fiddle Leaf

Obligate

1

PANICUM DICHOTOMIFLORUM

Velvet Panic Grass

Fac Wetland

2

PANICUM ANCEPS

Beaked Panic Grass Slender Mountain Mint

Fac

3

SCIENTIFIC NAME

PANICUM RIGIDULUM

PYNANTHEMUM TENUIFOLIUM

COMMON NAME

Fac

INDICATOR VALUE 1

3 Mean Indicator Value = 2.43

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Caney Creek Mitigation Bank Prospectus

In addition to the baseline vegetation monitoring effort, a baseline avian point count was conducted between May 27th and June 6th 2012. The five most abundant species at Caney Creek tended to be those that prefer open and/or brushy habitats: American crow (Corvus brachyrhynchos), Dickcissel (Spiza Americana), Indigo Bunting (Passerina cyanea), Northern Cardinal (Cardinalis cardinalis), and Barn swallow (Hirundo rustica). Three species showed signs of breeding on this site: Brownheaded cowbirds (Molothrus ater), Red-tailed hawk (Buteo jamaicensis) and Dickcissels. The greatest species diversity and bird abundance was observed north of the riparian area on the western portion of the site. The fallow field areas in this portion of the property lacked dense stands of exotic grasses and forbs (e.g., Sericea lespedeza) as compared to the eastern portion of the property. Higher avian observations in the western portion would suggest that these habitats may fulfill important requirements for these species and should be expanded. A benthic macroinvertebrate study is slated for 2013. These baseline studies help determine restoration activities and goals, as well as, illustrate ecological lift after restoration efforts are implemented. 5.0 Determination of Credits The method of credit determination will be a combination of stream channel restoration, enhancement, preservation and riparian buffer creation. The Little Rock Stream Method (USACE 2011) will be used to determine the amount of stream credits with wetland credit determination following the Charleston Method (USACE 2002). Stream segments that overlay with wetland areas or buffers will not be stacked for mitigation credits. 6.0 Mitigation Work Plan Preliminary site surveys found Reach A as an intermittent channel which enters Caney creek at station 1+150. Reach B is a perennial channel running along the western boundary of the mitigation area. Reach C bisects the project area and is the primary focus for restoration activities. The entire project area will be re-vegetated in native trees, shrubs, grasses, and forbs after a prescribed burn is conducted.

Caney Creek Caney Creek is a third order stream running east to west along the southern boundary of the property. The channel is incised to bedrock and overwidened with areas of severe to moderate bank erosion. Bank stabilizations efforts will be implemented where needed and feasible.

Intermittent Channels Reach A is a first order stream which enters Caney Creek at station 1+168. Similar to Caney Creek, the channel is incised with eroding banks located throughout. Enhancement activities will include bank stabilization and grade control where necessary. Reach B is located along the western edge of the mitigation area and enters Caney Creek downstream of the mitigation site. This reach will be preserved and the left descending bank will be re-vegetated to ensure a minimum 100ft buffer. The majority of restoration activities will take place along Reach C. Reach C drains approximately 0.25 mi2 and is approximately 3,600 LF. The upper portion of the reach was filled years ago in order to increase hay production and cattle grazing. The lower portion was altered by extensive surface soil removal and ditching. Activities will include

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Caney Creek Mitigation Bank Prospectus

installation of structures and bioengineering materials where needed to stabilize the channel and to restore aquatic habitat. Wetlands The wetland activities will be a combination of restoration, buffer enhancement, and creation on 28-acres of the site (Figure 4). There are two separate wetland restoration areas totaling approximately 9.09 acres. The three-acre shale pit will be converted into a shallow wetland in conjunction with the restoration of Reach C. Soils will be replaced and planted with appropriate vegetation grown within the Streamworks Mitigation Services, LLC greenhouse operation. The 1.37-acre Pin oak (Quercus palustris) flat located along the western boundary is only slightly impaired and will be used for preservation. Riparian Buffer The entire site will be revegetated with native hardwood and herbaceous species with a density of 302 stems/acre. A minimum 100-ft buffer will be maintained where property boundaries allow. During the dormant season, Black willow (Juglans nigra), Alder (Alnus serrulata) and Sycamore (Platanus occidentalis) stakes will be placed along the streambanks of the intermittent and perennial channels. Seedlings will be planted in winter 2013-2014. The floodplain zone will consist of the appropriate floodplain species, while the upland buffers will consist of an oak-hickory mix with a representative understory if available (Table 4). Table 4: Vegetation planting list for the Caney Creek Mitigation Bank

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Common Name

Scientific Name

Pin Oak

Quercus palustris

Nutall Oak Willow Oak Black Walnut River Birch Black Willow Northern Red Oak White Oak Flowering Dogwood Box Elder Wild Plum Spicebush Persimmon Black Gum Alder

Quercus phellos Quercus nuttallii Juglans nigra Betula nigra Salix nigra Quercus rubra Quercus alba Cornus florida Acer negundo Prunus mexicana Lindera benzoin Diospyros virginiana Nyssa sylvatica Alnus serrulata

Elderberry

Sambucus canadensis

Sycamore Hackberry

Platanus occidentalis Celtis occidentalis

Caney Creek Mitigation Bank Prospectus

7.0 Operation and Maintenance Plan The project will be developed and implemented by Streamworks Mitigation Services, LLC with oversight from Southwestern Energy Company. This is the sixth mitigation project Southwestern Energy Company has developed with Streamworks for a total of 750 acres under conservation easement with restoration and protection of over nine miles of streams. The site will be maintained and monitored annually by Streamworks with reports submitted to the LRD for review. 8.0 Performance Standards The overall performance standard and success criteria for the stream and wetland compensation is demonstrable ecological lift within the project site. This lift will be measured through biological surveys and reinforced through geomorphic monitoring, vegetative monitoring, and qualitative stability indices. The performance standards will follow guidelines from the Compensatory Mitigation Standard Operating Procedure (USACE 2006) and approved by the IRT and LRD. 9.0 Monitoring Requirements Monitoring will be conducted by Streamworks Mitigation Services, LLC, for five years or until the LRD determines the project is complete. Permanent cross-sections and longitudinal feature parameters will be established following the guidelines set forth in the Little Rock Stream Method (USACE 2002). This data will be collected and analyzed annually to determine if success criteria are being met. 10.0 Long-term Management An escrow account will be established by Streamworks Mitigation Services, LLC to adequately service long-term management goals. These long-term management activities will be conducted by Streamworks. At a later time, and with approval from the LRD, Streamworks may designate a longterm steward or an entity to act as steward. 11.0 Adaptive Management Upon a determination by USACE that performance standards have not been met or the compensatory mitigation project is not on track to meet those standards, the monitoring period may be extended. USACE may also revise monitoring requirements when remediation and/or adaptive management are required. In the event that the success criteria have not been met, remedial action will be taken within 90 days. 12.0 Financial Assurances Financial assurances will be provided by Southwestern Energy Company in the form of an escrow agreement with Streamworks Mitigation Services, LLC.

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Caney Creek Mitigation Bank Prospectus

References

AWAP (2004) Ecoregions of Arkansas , Arkansas Wildlife Action Plan USEPA and USACE (2008) Compensatory Mitigation for Losses of Aquatic Resources, Final Rule. Regulation 40CFR Part 230 USACE (2002) Compensatory Mitigation Standard Operating Procedure, Department of Army, Regulatory Branch, Charleston District. USACE (2005) Compensatory Mitigation Standard Operating Procedure, Department of Army, Regulatory Branch, LRD. USACE (2011) Little Rock District Stream Method. Department of the Army, Little Rock District. USEPA (1972) Clean Water Act, CWA. 33 U.S.C. §1251 et seq. Regulation 40 C.F.R. pts. 104-149. Charleston Regulatory Division - Standard Operating Procedure Issued September 19, 2002 Compensatory Mitigation

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Caney Creek Mitigation Bank Prospectus

APPENDIX A Figures

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Caney Creek Mitigation Bank Prospectus

Figure 1: Vicinity Map for the Caney Creek Mitigation Bank

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Caney Creek Mitigation Bank Prospectus

Figure 2: Topographic map of the Caney Creek Mitigation Bank (USGS)

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Caney Creek Mitigation Bank Prospectus

Figure 3: Aerial map of the Caney Creek Mitigation Bank

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Caney Creek Mitigation Bank Prospectus

Figure 4: Aerial map of the Caney Creek Mitigation Bank wetland areas

Figure 5: Wetland delineation sampling points for the Caney Creek Mitigation Bank

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Caney Creek Mitigation Bank Prospectus

Figure 6: Topographic map of the wetland areas of the Caney Creek Mitigation Bank

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Caney Creek Mitigation Bank Prospectus

Figure 7: Wetland area soils map of the Caney Creek Mitigation Bank

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Caney Creek Mitigation Bank Prospectus

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Caney Creek Mitigation Bank Prospectus

Figure 8: Soils map of the Caney Creek Mitigation Bank (NRCS 2011)

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Caney Creek Mitigation Bank Prospectus

Figure 9: Photo point locations for the Caney Creek Mitigation Bank taken April 10th, 2012

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Caney Creek Mitigation Bank Prospectus

Figure 10: Proposed primary and secondary service areas for the Caney Creek Mitigation Bank

APPENDIX B Site Photographs

Photo 1: Reach C downstream of shale pit and crossing

Photo 2: Reach C upstream facing shale pit

Photo 3: Caney Creek former road crossing

Photo 4: Caney Creek facing downstream from crossing

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Caney Creek Mitigation Bank Prospectus

Photo 5: Shale pit adjacent to Reach C

Photo 6: Wetland soil sampling showing iron oxidation lenses

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Caney Creek Mitigation Bank Prospectus

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