20080511 Ver 3_GES LaGrange Remediation Report_20180219

Implementation of Adaptive Management Plan
Greene Environmental Services, LLC
LaGrange, Phase II Mitigation Bank
February 15, 2018
On October 27, 2017, during a site visit to the LaGrange II site with Katie Merritt of the NC
Division of Water Resources, an easement violation was discovered at Green Environmental
Services’, LaGrange, Phase II Mitigation Bank located approximately two miles north of the
town of LaGrange, NC, Lenoir County, and HUC: 03 020202. The site is owned by Ham
Produce, Inc., Snow Hill, NC and is leased, for hunting purposes, to Base Camp Leasing of
Fishers, IN and then subleased to local hunters.
The violation consisted of mowing (thus damaging seedlings that were planted in January, 2017)
a six-foot wide swath along the western and southern sides of the LaGrange Phase II Bank.
Presumably the mowing was accomplished with an ATV equipped with a mower. Signage and
posts were also removed.
The acreage affected totaled an estimated 0.15 acres; 0.08 acres (3576 ft2) of nutrient offset
easement and 0.07 acres (3000 ft2) of riparian buffer easement. An Adaptive Management Plan
was submitted to and subsequently approved by NC DWR in January 10, 2018 and in a follow
up email on January 22, 2018. On February 6 and 12, 2018 implemented the on-site aspects of
the Adaptive Management Plan by planting seedlings and installing new signage and fencing.
The easement violator (hunter) was notified via printed letter mailed February 15, 2018.
Below are a table summarizing Actions Implemented at the LaGrange, Phase II site as well as
required photographs documenting these activities.

David Knowles, contractor for GES
2813 Jefferson Dr, Greenville, NC [phone] [e-mail]

Jeff Becker, GES
Greene Environmental Services, LLC
Snow Hill, NC 28580 (919) 3899 [e-mail]

Summary of Adaptive Management Plan Actions Implemented
Action
Item
Reference
Number*
Topic Action Implemented
1-a Square
footage of
encroachment
Total encroachment area 0.15 ac (6576 ft2)
 Nutrient offset portion 0.08 ac (3576 ft2)
 Riparian buffer portion 0.07 ac (3000 ft2)
1-b Replanting in
encroachment
areas
Sycamore (Platanus occidentalis) and river birch (Betula nigra)
seedlings obtained from Native Roots Nursery, Clinton, NC; all
seedlings were 1-gallon containerized plants.

Total number seedlings planted was 120: 65 sycamore and 55
river birch. This density resulted in a density of approximately
800 seedlings per acre or twice the normal planting density.
This higher density was a consequence of planting at the desired
10 ft spacing in a relatively narrow path.

All seedlings were flagged with blue plastic flagging tape and
the planting effort was photographed (see attached).

2-a Notification
letter to
violator
A letter was mailed to the person responsible for the easement
violation (see attached).
3-a Boundary
markers,
signage and
fencing
An 18 ft wide fence was constructed across the access point that
had been used by the easement violator. The fence consisted of
four 4”x6”x8’ treated wood posts cemented into the ground with
2”x6” wooden horizontal cross members. Additional signage
listing restricted uses and contact information was affixed to the
posts.

GES determined that a perimeter fence for the entire mitigation
bank was not necessary. Three sides of the bank are bounded by
ditches or streams, thus access by vehicle is limited. Additional
boundary markers have been placed along the fourth side.

*Action items were listed in an email from Katie Merritt (NC DWR) to GES dated November,
21, 2017.

La Grange, Phase II Site Remedial Photographs

Discover of conservation easement violation in Nutrient Offset Bank, November 2017

Discover of conservation easement violation in Riparian Buffer Bank, November 2017

New fence and signage at access site of violation, February 2018

Posts anchored in cement

Planting of 1-gallon sycamore and river birch seedlings in easement violation area

All seedlings were flagged with blue, plastic flagging

Greene Greene Environmental Services
Environmental Ham Farms, 963 Hwy 258 S
Services, LLC Snow Hill, NC 28580
J.R. Becker, [phone]
[e-mail]

To: Jonathan Burdzy [phone] February 15, 2018
7016 Elliott Ct.
Camp Lejeune, NC 28547

The purpose of this letter is to give you final notice that any further violations of Greene
Environmental Services’, LaGrange Phase I and II Conservation Easements will result in the
immediate termination of your Hunting Leasing Agreement. In addition, as the result of
your violation we want to further clarify as to what constitutes violations: 1. The use of an ATV
or any other mechanical vehicle is NOT permitted within the conservation easement (this
includes retrieval of downed deer or moving or removing the deer stand), 2. The cutting,
trimming or removal of any type of vegetation including trees, shrubs, etc. is NOT permitted,
3. The removal and disturbance of fencing, posts, signs, etc. is NOT permitted (see attached
photograph of sign for a complete list).

This is the second violation our LaGrange mitigation bank site has experienced over the last two
years. You were told not damage any trees planted in the conservation easement area, however,
this past year you mowed over one hundred trees as part of your hunting activities. This resulted
in significant financial loss to our company and required the development and implementation of
a remediation plan and subsequent replanting, as well as the loss of bank credit sales and other
administration and logistical costs.

If you decide to renew your hunting lease with Ham Farms and if future hunting will be allowed
on the site; you must notify Greene Environmental Services by email or phone call prior
to engaging in any hunting related activities. We will need to meet with you at the site prior to
the 2018 hunting season to ensure you fully understand the seriousness of these violations and to
make sure the terms of the conservation easement is complied with.

Again, this is your final notice and if further damage occurs, GES will take legal action to recoup
damages resulting from violations of our posted conservation easement restrictions.

David Knowles, GES contractor, [e-mail] [phone]

Jeff Becker, GES business manager, [e-mail] [phone]