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HomeMy WebLinkAbout19920431 All Versions_Mitigation Information_19971030State of North Carolina Department of Environment, Health and Natural Resources ` • • Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary p E H N R A. Preston Howard, Jr., P.E., Director October 30, 1997 Mr. Chuck Wilson U.S. Army Corps of Engineers Wilmington District Post Office Box 1890 Wilmington, NC 28402-1890 Dear Mr. Wilson: RE: Wetland mitigation plan City of Clinton WWTP improvements DWQ # 92431 Sampson County DWQ staff have reviewed the final compensatory mitigation plan submitted by the US Army Corps of Engineers on behalf of the City of Clinton. We still have concerns about the use of the "Murphy Family Farms Mitigation Bank" since that project is in the very preliminary stages. However the mitigation plan as outlined to utilize a specific portion of the Murphy Family Farms site as well as the adjacent enhancement/preservation site are acceptable to the Division in order to meet the terms of Water Quality Certification Number 2899 issued on 26 July 1994. DWQ should be copied on all annual reports describing the mitigation effort for the full five years of the monitoring cycle. Please call me at 919-733-1786 if you have any questions. S' PnR. >om s, y We a nds/401 Gro 92431.mit Cc: Ron Ferrell, Wetland Restoration Program Ken Averitte, Fayetteville DWQ Regional Office Central Files Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper '• io?z919? 7y "`Q ??lf \SCl/Qf? ti C-Z 0?91 ( i ov? 19?(? 199. Environmental Review Quality racking ing Sheet 4 )WQ -Water tn? MEMORANDUM TO: Env. Sciences Branch (WQ Lab) Reg./ Prg. Mgmt Coordination Branch O Trish MacPherson (end. sps) O Farrell Keough (Archdale 9th) O Kathy Herring (forest/ORW/HQW) O Brent McDonald (Archdale 12th) O Larry Ausley (ecosystems) O Matt Mathews (toxicology) * Regional Water Quality Supervisors O Jay Sauber (intensive survey) O Asheville ' O Mooresville O Washington O Fayetteville O Raleigh O Wilmington Non-Discharge Branch (Archdale 9th) O Winston -Salem O Kim Colson (Permitting) * Wetlands (WQ Lab) Eem ?alp?4h Planning Branch (Archdale 6th) O John Dorney (Corps, 401) O Alan Clark (basinwide planning) O Cyndi Bell (DOT) O Boyd DeVane (classifications & standards) O Eric Galamb O Beth McGee (management planning) O Ruth Swanek (modeling) (Archdale 9th) Point Source Branch (Archdale 9th) O Dave Goodrich (NPDES) O O Bradley Bennett (Stormwater) O O Tom Poe (Pretreatment) (Archdale 7th) O FROM: Michelle Suverkrubbe, Regional / Program Management Coordination Branch RE: Attached is a copy of the above document. Subject to the requirements of the North Carolina Environmental Policy Act, you are being asked to revie,: 'ocument for potential significant impacts I6 the e.nvironment_ esnecially pertinent to vour iurisdic -)trtise or permit authority. Please ` , Existing Data Screen for PDATA PERMIT YRA: 92 PERMIT NOB: 431 COUNTYC: SAMPSON _ APPNAMED: GREAT COHARIE CREEK - COE DEIS ?ROJECT TYPEE: DYKE ONLY NO SNAG PERMIT TYPET: IND _ COE #F: _ DOT-#U: _ ZCD FROM CDAG: COE FRM CDAV: DATE 70292 REG OFFICEH: FRO RIVER _ _ SUB BASIN #W: AND 030619 _ STREAM CLASSI: C - _ _ _ SUP ST CLASSX: SW INDEX NOJ : 3TR 18-68-1 _ _ _ _ WL IMPACT?K: Y WL TYPEY: BRB _ REQUESTEDL: 4L 2.40 _ WL ACR EST?Z: N _ WDRO CNECT?M: Y _ _ WL SCORE M AA: MITIGATION?N: Y MITIGATE TYPAB: R 41TIGATE SIZO: 4.80 _ CAMA COMMENT?AC: N _ )ATE SENT ROP: 80792 _ MORE INFO?AD: Y )ATE FROM ROQ: 103092 _ DCM SUSPENCEAE: ;OE SUSPENCER: _ FINAL DATEAF: 72694 ?INAL_ACTIONS: ISSUE WQC # 2899 _ WL_PERMIT'DAG: 2.40 F4 : SHOW THE NEXT RECORD F8 : FIELD OPTIONS SCREEN PERMIT_YRA: APPNAMED : ?ROJECT TYPEE: COE JF : ZCD_FROM_CDAG: REG OFFICEH: 3TREAM CLASSI: 3TR_INDEX _NOJ: WE IMPACT?K: aL_REQUESTEDL: -YDRO CNECT?M: MITIGATION?N: 4ITIGATE_SIZO: )ATE SENT ROP: )ATE FROM ROQ: ;OE_SUSPENCER: ?INAL ACTIONS: Existing Data Screen for PDATA 92 PERMIT-NOB: 431 COUNTYC: SAMPSON GREAT COHARIE CREEK - COE DEIS DYKE ONLY NO SNAG PERMIT TYPET: IND _ DOT #U: COE DATE FRM CDAV: 70292 FRO RIVER _ _ AND SUB BASIN #W: 030619 C _ _ _ CLA_SSX: SUP ST SW 18-68-1 _ _ Y WL TYPEY: BRB 2.40 WL ACR?EST?Z: N Y WL SCORE(#)AA: Y _ MITIGATETYPAB: R 4.80 CAMA COMMENT?AC: N 80792 _ MORE INFO?AD: Y 103092 _ DCM SUSPENCEAE: _ FINALDATEAF: 72694 ISSUE WQC # 2899 WL_PERMIT'DAG: 2.40 F4 : SHOW THE NEXT RECORD F8 FIELD OPTIONS SCREEN To -J I---),p ?AM Date_a% ?O Time ? PM W 1 '%rr-'J WERE OUT M M of 9ro 2V, 47V4 Phone Numbers Area Code Voicemaill Mobile e-mail ? Telephoned ease call Returned your call aue?to o see you Wa see you VV call again URGENT Q ?Messa?g?e r .. i IV n Operator Reorder """ EFFICIENCY' #23-005 SEP-23-1997 12:21 USACE WILMINGTON FACSIMILE TRANSMITTAL HEADER SNEET '?` Fa u*1 al 1111+ farm. ? Ail ?5-11; IfYMi Profra<w+1 agM?Y ?! (7L71?Id P. 01/07 G AMA" NAME/ FME SYMBOL OFFICE TELEPHONE (AUTOVONIComm,) FAX NO. (AUTtiViDAIrCa xr?.j CLUA89111FICATM PENCE NO. PAGES FMAder) 1 1 DATE-TIME bb 12 W*OH YEAR ' RELEASER'S ?? ?r C 7 - 5 7 rJ a S J"',elc.e.? ?cc" ? . AE#AAFKB - / Hll-e? 67AZ ?6L ? Sore. Below Few owl" alte•fral I f m#w u" only DA io?y?Y"? 2 ?if r&/f M,53 UA4 OA PCftt MOM. AW 72 19 CORM I? w a? ?Q? sn, 7w evil- ?mv-_ SEP-23-1997 12:21 a?a???u sr,?t USRCE WILMINGTON UNITED STATES f NVIRONUgNTAL PA0TEQ^n0N AG04CY REGION 4 ATLANTA FEDERAL CENTER 100 ALABAMA sTREE r, S.W. ATLANTA, rE0RQ1A303W-3104 DEC 4 1,488 Mr- W. Coleman Long Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1890 Attn: Mr. Chuck Wilson - Environmental Resources Branch P. 02/07 r' r r ii `T ?V +?. Subject: Wetland Mitigation Plan! City of Clinton Wastewater Treatment "Plant Flood Control Project, Bladen County, NC Dear Mr. Long: Pursuant to Section 309 of the Clean Air Act, EPA, Region 4 has reviewed the subject mi.tigat•on plan. Specifically, the purchase of 3.6 acres at the... rp Farm Mitigation Bank site to serve as compensation for th 1.8 crePs of wetlands lost to the Clinton levee system. More or, 6 more parce.1 of valuable wetland habitat on Williams Mill Branch will be acquired and held in preservation by the City. After reflection we find that these measures address our previous concerns regarding the proposed flood control. Thank you for the opportunity to comment. If we can be of further assistance, Dr. Gerald Miller (404--562-9626) will serve as initial point of contact. QUinderely -yours, %iMP,-xU-Lv Heinz a. Mueller, Chief Office of Environmental Aseenoment A*eyd6d/Raeydvhk .PrWad W ft V4 " tk;n C4 Sm-od lnkt an 10094 Roeytbd Paper (.4096 Posteansur600 SEP-23-1997 12:22 4 USACE WILMINGTON P.03i07 o 0+Opf ORC}+ra UNITED STATE'S DEPARTMENT OF COMME14CE National Clonamic and Atmospheria Adminiatration #00' NATIONAL MARINE FISHERIES SERVICE o'J4res of Sontheast Regional Offioe 9721 Executive Center Drive N St. Petersburg, Florida 33702 September S, 1997 Colonel Terry R. Youngbluth District Engineer, Wilmngton District Department of the Army, Corps of Engineers P. 0. Box 1890 Wilmington, North Carolina 28402.4890 Attention Chuck Wilson Deal' Colonel Youngbluth: Please reference your August 20, 1997, letter requesting comments on the Final Wetland Mitigation Plan for the Flood Damage Reduction project at thy, Clinton Wastewater Trcatment Plant in Clinton, North Carolina. We have reviewed the subject plan and have determined that it is acceptable to the National Marine Fisheries Service. If we can be of further assistance, please advise. Sincerely, Andrus Mager, Jr. Assistant Regional Director Habitat Conservation Division cc: FWS, Af'LA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEFRgk, Raleigh, NC NCDEINR, Morehead City, NC F/SE02 SEP-23-1997 12:22 USACE WILMINGTON P.04/07 4wa?? ' ,? United States Department of the Interior A FISH AND WILDLIFE SEP VICE Raleigh Field Office Post Office Dar 33726 ??RCk 9 ?0a? Raleigh, North Carolina 27636.8726 September 10, 1997 Colonel, Terry R. Youngbluth District Engineer, Wilmington District U.S. Army Corps of Engineers Past Office Box 1890 Wilmington, North Carolina 28402-1890 Attention; Chuck, Wilson Dear Colonel Youngbluth: The U.S. Fish and Wildlife Service has reviewed the Final Wetland Mitigation Plan for the Flood Damage Reduction project at the Clinton wastewater Treatment plant. Flood damage reductions are to be accomplished, by constructing a dike around the existing plant, which is located, in the floodplain where Williams old Mill Branch and Great Coharie creek join, one and eight tenths acres of jurisdictional wetlands will be filled by the proposed dike. Mitigation includes protection of naturally rehydrated Prior Converted fields adjacent to the plant (about 6 acres), and the purchase of 3.6 acres of restored wetlands in the proposed Murphy Family Farms Mitigation Bank (Cypress Creek Bay near Ammons' crossroads). We concur with the plan, and are satisfied with the selected restoration tract. bur concurrences does not imply endorsement of the Murphy Family Farms Mitigation Bank, which is being discussed in a separate venue, we reiterate our longstanding concerns: (1) while the dike may be the most practicable solution to the flooding problem, we continue to believe that relocating the facility is a more prudent long term solution, (2) the hydrologic success criteria for any re Cored wetland site should be based on reference site data rather than on jurisdictional criteria used to delineate any wetland, and, (3) reference sites should be protected along with the restoration site so-that follow-up studies are possible at any time during they perpetual, protection of the site. To this list we add our concern over the lack of water rights for fish and wildlife resources at the two mitigation sites. SEP-23-1997 12:23 USACE WILMINGTON P.05i07 We urge the District Engineer to consider adding language to future mitigation plan documants which protects the hydrologic and ecological integrity of wetland mitigation sites should any form of water rights be legislatively established in the state. We appreciate the opportunity to participate in the flood damage protection project. If you have anx comments or questions, please call Kevin Moody of my staff at (919) 856-4520 extension 19. Sincerely Jahn M. ferner Field Supervisor cc: Reef C. Ivey, Rose Hill, NC DWQ, Raleigh, NC (Steve Kroeger) WRC, Raleigh, NC (Frank McBride) WRC, Kinston, NC (Bennett Wynne) COE, Wilmington (Ernie Jahnke) EPA, Wetlands Regulatory Branch, Atlanta, GA (Thomas Welborn) FWS/R4:Kmoody:KM:09/09/97:919/856-4520 axtgnslon 19:\wwtp-mit.wpd SEP-23-1997 12:23 USACE WILMINGTON P.06/07 4 4 ® North. Carolina Wilc i£e Resources ConumY. ion 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733.3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: 13.S. Army Carps of Engineers Wilmington District Attn:, Chuck Wilson (CESAW-EP-Pp P.O. Box 1890 Wilmington, NC 29402-1890 FROM: Keith W. Ashley, District 4 Fisheries Biologist 09 N.C. Wildlife Resources Commission DATE: September 4, 1997 SUBJECT: Request for additional comments concerning the proposed Final Wetland Mitigation Flan for the flood damage reduction project at the Clinton Wastewater Treatment Plant, Clinton, North Carolina. Time North Carolina Wildlife Resources Commission (NCWRC) has reviewed the subject mitigation plan for the proposed flood damage reduction project at the Clinton Wastewater Treatment Plant. These comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) and the Fish and. Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661-667d). All of our concerns regarding the proposed project, as outlined in our memo of December 5, 1996, have been adequately addressed and we no longer have any objections to construction of the project as currbnd proposed. 'Mank you for the opportunity to review and comment on this proposed mitigation plan. If we can provide-Further assistance, picasc contact District 4 Fisheries Biologist Keith W. Ashley at 910-8+66-4250. cc: Mr. Frank McBride, Habitat Conservation Program Manager Mr. Bennett Wynne, Fishery Managemaat Coordinator Ms. Melba. McGee, Office of Legislative and Intergovernmental affairs USACE WILMINGTON CITY OF CLINTON P.O. BOX 199 CLINTON, NORTH CAROLINA 28328-0199 September 2, 1997 SEP-23-1997 12:23 i Chuck Wilson U. S. Army Corps P6. Box 1890 Wilmington, North Dear Chuck: of Engineers Carolina 28402-1890 P.07/07 COUNCIL MEMBERS District I - Lawrenaa J. Colson District It - Albert J. Kaleei District iii - James L. Newkirk District 1V - Thomas E. Turtington DIStriot V - EdWerd Faison, Jr. This response is to the August 20th letter written by W. Coleman Long, Chief, Planning and Environmental Branch, as it pertains to the Final 'W'etland Mitigation Plan for the Flood Damage Reduction project at the Clinton Wastewater Treatment Plant. we have thoroughly read the instrument and have discussed it in great lengthy with olan Pike and his associates of The Wooten Company. It is Clinton's unequivocal'statemerit we find nothing wrong with the information included in the final plan. Please accept our sincere appreciation to you and the Corps of Engineers for all Of the timely work and complete dedication to seeing this project completed. I speak for all City employees involved with this lengthy procedure by saying that when it is finally over, we will be forever grateful to you and the Corps of Engineers. Yours truly, Joe Best Director of Administration JB/kp cc: clan Pike TOTAL P.O? 28 '97 04:43PM US ARMY CORPS MAILRM P.1 PAM cKvCL, to ,J,ok yk AEMAFXS FACSIMILE TRANSWITAL HEADSR SHEET Fa wr ai Riw (alll, ?. as ?.? t; ih. o?opa,.?x a0rrcy ? aaecw PHONE ONFAFMICB OFFICE NO. sy1ma x fAUFQV0WComm., C/<,A NO.PAOES 11" #us M1 s*r) FAX NO. (AMOVQNCO,&T.) 519 - 73 F TE•TIY? YONT}1 BAR AEI.EA$ER'? SN?NATUA? Some 1161" /or a mmunmilm" cMNr u" "IV Jul. tiFr ,? r J . 1 t FINAL WETLAND MITIGATION PLAN FLOOD DAMAGE REDUCTION CLINTON WASTEWATER TREATMENT PLANT CITY OF CLINTON, NORTH CAROLINA 1.00 PROPOSED PROJECT The U.S. Army Corps of Engineers, Wilmington District, proposes to construct a flood damage reduction project at the Clinton Wastewater Treatment Plant, Clinton, North Carolina. This project described in the Detailed Pro'ect Re ort and Treatment Plant Clty of Clinton. North Carolina, dated September 1993 included construction of a dike around the plant perimeter and minor stream channel relocation for dike placement. The project also included the restoration of 4.8 acres of prior converted farm field (PC) on Williams Old Mill Branch or Great Coharie Creak to offset 2.4 acres of wetland impacts. The final dike alignment has been modified to avoid wetland impacts to the degree practicable. A survey of delineated wetlands within the final alignment 'shows a reduced wetland impact area of only 1.8 acres, and that stream channel relocation is not required. In addition, the city of Clinton has recently acquired a 6-acre tract of land that is primarily wetlands on Williams Old Mill Branch. A description and location of the tract is included in the attached warranty deed (see Appendix A, Conservation Lands). Our analysis indicates that long-term conservation of this tract and reduced flooding from the wastewater treatment plant will improve water quality and aquatic habitat conditions. The 6-acre area located on Williams Old Mill Branch would be surveyed and mapped by the city and the land deed amended by restrictive conservation covenants assuring perpetual protection of the site by the city of Clinton. 2.00 SITE SELECTION The site proposed for restoration in the Environmental Assessment (EA), a small PC located on Williams Old Mill Branch, has naturally reverted from PC to wetland and is no longer suitable for restoration. Therefore, the identification of a new mitigation area was required. Maps of U.S. Soil Conservation Service prior converted wetlands located in the Great Coharie Creek 100-year flood plain were compiled by the U.S. Army Corps of Engineers during feasibility level studies in 1993. These maps were reviewed by agents of the city of Clinton, Sampson County, North Carolina, and the Wooten Company in August 1995. Sixteen flood prone properties, with at least 5 acres currently or recently under cultivation, were identified for further consideration. The aforementioned agents further narrowed the list to five sites that were expected to be 21d Wb-lI dW sddoo Awdu sn Wd6v : vo L6t e2 loo s ? available for purchase, have a high potential for restoration, and direct construction access. These five sites were inspected by the Corps in October 1995. Of the sites visited, only one tract was found to have high potential for development as a mitigation site; however, the owner of that site did not want to sell his property. Further investigation by the city of Clinton, the Wooten Company, and Robert J. Goldstein and Associates, in January 1996, identified the proposed Murphy Farms site as a potential mitigation site for this project. 3.00 INTERAGENCY COORDINATION By letters dated August 9, 1996, September 19, 1996, and November 22, 1996, known interested parties were provided an opportunity to comment on the Murphy Farms site and participate in the development of tnls plan. An Interagency field inspection of the proposed project area and the Murphy Farms site was made on September 20, 1996. Agency comments regarding the November 22, 1996, letter are included in Appendix S. ' All comments were considered in the development of this plan. Resource agencies who provided comments on the Draft Mitigation Plan indicated general concurrence with the plan, subject to minor modification which have been incorporated below. Acceptance of this plan does not constitute an endorsement of mitigation banking in the area or the suitability of Murphy Farms site as a mitigation bank by the Corps or any resource agency. 4.00 PROPOSED MITIGATION Mitigation needs were recalculated consistent with procedures outlined in Appendix A, Wetland Impacts and Mitigation Evaluation, Williams Old Mill Branch, to the previously referenced EA assuming the following conditions: (1) a reduced impact area of 1.8 acres and (2) prior establishment of the 6-acre conservation easement as described above. The mitigation plan includes the purchase and long-term management of at least 3.6 acres of the proposed Murphy Farms mitigation site described in the draft Murphy Family Farms Inc. Mitigation Bank Comprehensive Wetlands Mitigation Plan (see Appendix C). Our evaluation indicates that this action would provide suitable mitigation for project impacts resulting from the filling of about 1.8 acres of wetlands associated with the proposed construction of the Flood Damage Reduction Project, Clinton Wastewater Treatment Plant, City of Clinton, North Carolina. A. Site Doscription. A description of the selected mitigation site, including a map is included in Appendix D. The proposed mitigation tract includes lots 31-34 of the Murphy Farms site and covers an area of 4 acres, The Murphy Farms site is a 44-acre wetland restoration site formerly known as Cypress Creek Say that was developed as a private commercial venture on Murphy Family Farms Tract 2233 (Field 71). It is located adjacent to NC Highway 242, near Ammons' Crossroads, northeastern Sladen County, North Carolina. The mitigation site and project impact area are located within the Black E ' d wai I b4d Sdwo Awau sn Wdcv : vo L6, e2 loo r, River subbasin, and site development is generally consistent with mitigation criteria described in the Detailed Project Report and Environmental Assessment on Flood Carolina, dated September 1993. The site, which is designated prior converted wetlands (U.S. Natural Resources Conservation Service letter dated March 20, 19961, was planted with wetland tree species in 1995 and has had hydrologic restoration in 1986. The vendor will provide long-term monitoring of the site and guarantee success of vegetation and hydrologic criteria over the monitoring period as described in the purchase agreement. B. Site Development and Monitoring. The general site development and monitoring will be conducted as described in the draft Murphy Family Farms, Inc.,., Mitigation Bank Comprehensive Wetlands Mitigation Plan, as amended by the addition of the following terms and conditions. C. Terms and Conditions. Verification of compliance with terms and conditions described below is included as Appendix D. (1) A 3.6-acre portion of the Murphy Farms site located near the site's original drainage would be delineated, surveyed, and mapped In relation to the 44-acre site by the vendor, The selected site will be coordinated with the U.S. Fish and Wildlife Service, North Carolina Division of Water Quality, and North Carolina Wildlife Resources Commission for concurrence prior to initiation of project construction. (2) The site's hydrology will be confirmed to be saturated within 12 inches of the ground surface, ponded, or flooded at least 12.5 percent df the growing season under reasonably average climatic conditions. A hydrologic comparison to the mitigation site referenced wetland will be made. ' (3) vegetation will be monitored to assure a minimum of 320 trees per acre including at least 6 hardwood species with no more than 20 percent of any 1 species. All target trees will be water tolerant (facultative or wetter) native to the area. (4) Remedistion, Including site modifications and new plantings, will be made as needed to most hydrologic and vegetative goals. Periodic monitoring will be conducted as described in the Murphy Family Farms Inc., Mitioation Bank Comprehensive Wetlands Mitigation Plan with the following modifications. Hydrology will be monitored monthly until the hydrology criteria is met and twice each year thereafter tnrougnout the remainder of the monitoring period. Monitoring will continue for at least 5 years after any remediation is complete. (5) The site is to be purchased by the city of Clinton, The purchase agreement will require the site to be managed and protected in perpetuity and provide for a perpetual access easement from a state maintained road to the site. All commitments will be binding regardless of future land ownership. (6) Forestry activities are to be limited to that required for the management of old growth hardwoods with no commercial harvest allowed. V, d w8ii 4 Sddoo 1 wdu Sn Wdvv : vo z6. e2 ioo r C (7) The previously described site documentation and annual monitoring reports will be provided to the U.S. Fish and Wildlife Service, North Carolina Division of Water Quality, and North Carolina Wildlife Resources Commission. 6.00 SUCCESS CRITERIA This plan will be considered to be successful if at the end of a years the 3.5-acre site is occupied by wetlands. as defined by 404 jurisdiction. with a minimum of 320 target trees per acre including at least 6 hardwood species and no more than 20 percent of any 1 species. 7.00 COORDINATION This plan has been coordinated with the following agencies and individuals. U.S. Fish and Wildlife Service: U.S. Environmental Protection Agency North Carolina Wildlife Resources Commission North Carolina Department of Environment, Health, and Natural Resources, Division of Water Quality Habitat Conservation Division, National Marine Fisheries Service The Wooten Company Murphy Family Farms Mitchell and Associates, Inc Mr. Joe Best Mr. Wayne Hollowell S'd w8-i i 4 Sdwo Awdu Sri Wdsv : btu z6. e2 ioo APPENDIX A CONSERVATION LANDS It is proposed that the attached deed would be amended in perpetuity by the inclusion of the restrictive conservation covenants descdOed below. The city of Clinton would assure compliance with these covenants which shall be binding on the landowner, successors, or assigns. tVo dwellings, barns, outbuildings, or other structure shall be built within the deeded area, The vegetation or hydrology of the described area will not be altered in any way or by any means or activity on the property conveyed by this deed, or property owned by or under the control of the landowner including (1) cutting or mowing; (2) cultivating; (3) grazing; (4) harvesting of wood products; (5) burning; (6) placing of refuse, waste, sewage, or other debris; (7) draining, dredging, channeling, filling, discing, pumping, diking, impounding, and related activities; or (8) diverting or affecting the natural flow of surface or underground waters into, within, or out of the easement area, with the exception of the lawful discharge of treated wastewater in to the run of Mill Branch as permitted to the National Pollutant Discharge Elimination System Permit No. NCO020117 and future modifications of the same, 9'd Wei-liuw sdwo AL4Nu sn wdsb:b0 Z6, sa ioo •N?n?j-H VOLlIbU U ' {.rA ??? C\VJj-LNAr '.. + WARRANTY SAMPSON COUNTY. _ .... ? -THZg~ DEED OF- CONVEYANCE, Made this the 15th day of March, 1994, by and between J. McKYNNO'N' MOORS (WIDOWER), of Sampson Countyr North Carolina, party of the first parts to the CITY OF CLIFTON, a municipal corporation organized and existing under the laws of the State of North Carolina, party of-the second part= WI TN8*SSETHs That the said party of the first part, for and in con- sideration of the sum of Ten Dollars and other valuable considerations to him in hand 'paid by the"-.,said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey unto the party of the second part, its successors and assigns, that certain tract or -parcel of land Nori?h lying and being in NORTH CLINTON TOWN' SSYP, Sampson County, Carolina, and more particularly described as follows, to-wit: . BEGINNING at a stake on Beaver Dam where the old Williams line crosses said run, and now called Faison's corner, and runs down said run South 77, degrees 50 minutes West 96 feet to a stake; thence down said run South 50 degrees 20 minutes west 446 Beet to a stake; thence down said run South 86 degrees West 196 feet to a stake; thence down said run South 75 degrees 30 minutes West 94 feet to a stakes thence down said run South 83 degrees 25 minutes West 254 feet to the mouth of the Marsh Branch; thence North 142 feet to a stake, Marable's corner, draughon's old lines thence with the Draughon line North 55 degrees East 363 feet to a gums thence the same line North 80 degrees East 363 feet to a pine: thence the same line North 66 degrees East 479 feet to a holly in Williams lines thence South 02 degrees 30 minu- tes West 66 feet to a water oak: thence south 22 degrees West 447 feet to the beginning, containing 6 acres, more or less, and being the same lands described in deed from Mildred Amnions and'others, to Jessie Bethea and wife, Sarah Estelle Bethea, elated Mazah 3, 1956f and Registry. recorded in Book 677, at,page 1.00r of the Sampson County Reg This also being the same land described in deed dated August 26, 1970, from Jesse Bethea ?ndMowife Sarah ore. recordecitinlBookt$2$, at pagec467no inMthee and wife, Mildred Sampson County Registry. TO HAVE AND TO HOLD the above described lands, together with all privileges and appurtenances thereunto belonging unto the said party of the second part, its successors and assigns, to its only szse ar??dbehoof forever4 w8ii i4 sd8oo AL4du sn WdSt,:to z6. e2 ioo t enants .to and with nd the arty of- the first par< ' ?,, . .. the said party of the second part, its successors and assignsr that he is .,seized.of-said premises An fee, and has a right to convey the same in fee simple; that the same is free and clear from all encumbrances, and that he does hereby warrant and will forever defend the title to the same against the lawful claims of all persons whomsoever. ' IN TESTIMONY WHSREOFr said party of the first part has hereunto set his hand and seal the day and year first above written. V (SEAL) NORTH CAROLINA, SAMPSON COUNTY. a Notary FUblic in rtify that J. z? by ce and for the coup and tate aforesado eared l erel3y ce me this day and McKINNOV MOORE (WYDOWSR) r personally app acknowledged the due execution of the foregoing instrument for the purposes therein expressed , !? 4/2'e".1 witness my hand and notarial seal, thus the f_f / _day of ed day atd hour and duly recvrur,u -- - ---- at page ?-. of Samnpson county, North Carolina, in Book ?_, clocl? !-i0Y t 1994 r at L-131-0I _ ?- This ?day of M, n. & ti D: 8'd wd-v w sddoD Awdu sn Wd9b : b0 L61 E ijo CL s ? z (? Q H i v r ? x -- C J J 1 ? ??l}] _L 6'd ?Y • Wd-iIdW Sddoo Awdd sn Wd9b:bo Z6r 82 1o0 OCT 28 '97 84:53PM US ARMY CORPS MAILRM P.1 Mow FACSIMILE TRANSMITTAL HEADER SHEET Fay ? d 111h kflR, 90? AR ?11i Mii P??K ?9w?.1? d COIBGI OFPI?L'E? OFFFIC?E 4FFK:E NOLEFFIDNE FAX NO. (At/rOVdII?Carll?n ? gym& X (AW gym.) . F1iD? i 1 N'e? (/5,4, -r l1 Til ki 7)-c? rlt '319 - 7 t' CLAIJBE:omm DE NO. PAGES oviu v Mist okm- IME mom MR RELEA$ER'9 SIG IATUME Mle0drl REmAr" was dalow For cwvMu k&ft s COW& UN CMy F,59 9 CA FCW Wlefi. AM 12 0 GS9CLUe W OCT 28 '97 04:53PM US ARMY CORPS MAILRM Mitchell and Assoc'As, Inc. Bltviro mental Consultants P.2 12$ Nordx Xlatdi..? . ?arodnvitto, Notch Carolina 27$5$ • (919) 7524077 • F ft (919) 752-7380 24 June 1997 Mr. Joe Hest Director of Administration City of Clinton P.O. Box 199 clintonp 14orth Carolina 28329.0199 Dear Mr. ,Best: This letter is in referencc to your correspondence dated 27 March 1997 concerning Murphy Family,Fatms Mitigation Bank. Below are the status of those terms and conditions outlined in your letter. (1) STATUS: Compliance, The site includes lots 31-34 and covers an area of4 acres. At this time the survey being used does not Indicate the location of Cypress Creek, however they are located approximately 1000 #t, north Of Cypress Creek. A lnonltoring well was installed in lot 32 on 22 Feb along adjacent property lines on each aide of the row 1997. Ditch plug's are located survey at this time. More ditch plugs are anticipated with the Possibility of ntirelysi#e filling irx the ditch which encloses the mitigation barilc. Sample plots for vegetative and soil analysis were placed at four locations Mti in the mitigation bank. Two of these plots are approximately 1500 ft. and 500 A, north of lot 31. One plot is located within lots 33 and 34 while the final plot is located approximately 700 It, southeast of lot 34. The location of the reference wetland at this time is approximately 700 it. south of lot 34. During the last on site meeting with the Army Corps of Engineers and commenting agencies, it was decided to move the o reference site to the nom side of lots .31-34. Once the anal mitigation plan for the City of Clinton has been -approvecl it will be provided to the listed agencies. (2) STATUS: Compliance expected. The Monitoring Well located within lot 32 has recorded water within 12 Inches of the ground surface consistentl sinc cy e i installation. y However, coniixtued monitoring is necessary to ensure that it will remain at the expected levels fox at least 12.5 percent of the growing season. (3) STATUS: Compliance. Tree densities recorded during August of 1996 indicate that approximately 399 trees per acre exist within lots 31-34. Additional planting in February of 1997 have increased this density some what. Future vegetative sampling of the site will yield exactly what the post-planting density is. Tree species within lots 31-34 meet the requirement of 6 hardwood species with no more titan 20 percent of any one species. All trees planted are at least facultative tree species. (4) STATUS: Compliance. Remediation, including site modifications and new plantings, will be made as needed to meet hydx.ologic and vegetative goals, periodic OCT 28 '97 04:54PM US ARMY CORPS MRILRM P.3 s 1.0 W'ITRODUC'TTON lWitigation banking, the process by which land is restored, enhanced, or preserved in perpetuity and then utilized to off=set impacts elsewhere is becoming a common practice. This process is aooepted by regulatory agencies as a feasible method to compensate for unavoidable wetland loss as addressed in MOA (Bl?A, ACOE) 404 B i guidelines. Murphy Farms, Inc. has began the process of restoration of prior converted (pq farmland to wetland status on a 44 acre tract in NE Bladen County to establish a mitigation bank. The triot.lies within the South River watershed which discharges to the Black River. These watersheds are subunits of the Cape Fear River. Mitchell and Associates, Inc. has been retained by Murphy Family Farms to prepare a comprehensive mitigation plan and continue with the necessary site modifications to re-establish characteristic wetland vegetation, soils, and hydrology to satisfy the three mandatory criteria for wetland status. 2.0 SITE DESCRE'TION The mitigation site is located near the community of Ammon, Bladen County, North Carolina (Figure 1,), Aoooss to this site is via NC 242, approximately 3 tulles south of the intersection of NC 242 and NC 210. From NC 242 an unpaved private road leads `-hD the site. This tract of land lies in a previously drained Carolina Ray locally known as Cypress Creek Bay. Prior to the initiation of 6e mitigation project the land was used for agricultural purposes. Row crops, primarily feed corn and soy beans have been planted on the site within recent years. The USDA, Natural Resources Conservation Service (MRCS) has designated the site as "PC" (see attached letter). OCT 28 '97 04:54PM US ARMY CORPS MAILRM P.4 i i 3.0 SITZ ffiSTORY Prior to any human impacts this lend probably would have fit the description of a Bay Forest. Day Forest is a forest ecosystem designation described in the North Carolina Natural Heritage Program's Publication. Classification of the Natural Communities of North Carolina, These forested wetlands are described as wet, nutrient poor, peatlands dominated by the bay species, Persea borbania (redbay), Gordorl'a lasia?tthus (loblolly- bay), and Magnolia virginiana (sweetbay)..Other canopy species include: Pi'nus.seroana (pond pine), Nyssa biflora (swamp tupelo), Acrer rr brunt (red maple), Pinus taeda (loblolly pine), and Chamae'Waris thoides (Atlantic white-cedar). Shrub species include: Lyoniu ludda (fetterbttsh); Cyrilla'COM Ora (tid), 4vnia lieustrim (male-berry), Ilex cdriacea (low gatibeiry), and Ilex emsirre (henderson-woad). Although $ precise site history is unavailable, this tract, like most forests of the region, was probably an extractive forest resource (turpentine and selective logging) from the mid nineteenth century until conversion to farm fold within the last two decades. Since conversion to agriculture, the site has been drained by ditghing and all woody vegetation and woody debris has been removed from the site. Agricultural practices at the site consisted of conventional row cropp#rtg with corn soy bean, and possibly small grain. The Bladen County soil sWVey (1990) indicates the presenoe of Pamego (Umbrie Paleaquuts) and Croatan (Ten'c MedisVrists), These soils are shallow histosols or ollgotrohpic mineral soils with organic surface layers charaoterized by poor drainage and highly decomposed organic material. Typically theso soils are found within CaroU4 Days, depressions, and along flood plains. AVioultumi practices such as annual cultivWorr? coop removal, and drainage has altered the upper soil horizons. Most certainly, organic content has decreed and upper soil horizons have been mixed. ` OCT 28 '97 04:55PM US ARMY CORPS MAILRM I S r 4,0 RESTORATION 4,1 Vegetation (0") 0 P.5 In order to restore this tract to wetland status, -tree and shrub speies which are commonly found in wetlands ofthis region were planted in March of 1995, prior to involvomcnt byMitchell and Associates, Inc, Seedlings were planted in parallel rows were planted in 6 foot intervals along each row with the exception ofAtlantio white coder which was planted in 5 foot intervals. Atlantic White-cedar was planted in closer intervals to facilitate dense canopy development commonly found under natural conditions. pre- , emergent herbicide was applied to the site immediately fbilowing planting to reduce noxious weed competition. Treatment consisted of banding the herbicide within the tree rows to allow, suppress competing weeds, volunteer resavitment by wetland, Sad minimize herbicide usago. Tree species and quantity planted within the mitigation site is presented in Table 1. Table 1. List of tree species planted, quantity, and percent of total each species makes up. Quemus phellos Willow Oak 1,000 3.7 Quemus n i gxa - Water Oak 1,000 3.7 Quercusfalawa var-, odifolia Chenybark Oak 2,000 7A Quercus lyrata Overoup Oak 2,000 7.4 Nyssa sylva ica Swamp Blank Cium 8,500 31.8 Fraxinus pemmylvm1ca Green Ash 17000 3.7 Nyssa sylvoadca var. 81'flora Tupelo G= 3,000 11.4 raxodirim drrstlchum Bald Cypress 3,400 12.3 Myricu cerifera Wax Myrtle 2,000 7.4 Abw& gluunasa Black Alder 2,000 7.4 Cephalanthus occtdentalis Button Bush LM 3. OCT 28 '97 04:55PM US ARMY CORPS MAILRM L'jiLl7 aecypm $' itvidkS 4.Z Hydrology P.6 'k Total 26,900 100.0 Atlantic White-cedar .21,000 The oriVIW hydrology within the trans, as well as Cypress Creek Bay has been altered by ditching. Ditches were allowed to remain open for the f rst year after planting to facilitate drainage and root development. In August 1996 a series of earthen plugs were used to stop water flow and create saturated soil conditions. Additionally, the main in flowing ditch was diverted into the tract to facilitate soil saturation without affecting the drainage in adjacent farm fields (Figure 3.). A flashboard riser was established at the southwestern end of the tract to allow further hydrological manipul$tion of the tract, but has been abandon and replaced with a permanent earthen plug. 4.3 Soils Sail characteristics have beery altered by the agricultural practices. With the removal of the natural hydrologic regimt tillage, compactor, and crop removal the organic content of the sorts most likely decreased. presently, the site is void of coarse woody debris and woody roots. In the two years since the cessation of cultivation, a surface organic layer has developed, from aenosced herbaceous plants. An accumulation of leaf litter and woody debris should: develops as the stand ages. 4.4 "Free Dc ashty / Survlvorshlp On 28 June 1995 a site visit was conducted to estimate vegetation survivorship. A qualitative spot check of sampling status indicated an appro;dmately 70 - 80%, survivorship for broadleaf and shrub species. Improper plantinS resulting in root exposurc is the likely cause of most tree mortality. Additionally, late (March) planting and OCT 28 '97 04:56PM US ARMY CORPS MAILRM P.7 n. excessive spring drought tray have increased plant stress and mortality. Conversely the conifer species, .Taaaotm distiahum (bald cypress) and ChamaeFypWs &.w1des (Atlantic White-cedar) "hired high survivorship (40°Yo). Herbicide appUcstioa had been sUC403041 in suppression of weed growth wU!n the planting Alps. Outside planting strips, weed grojA was occurring but did not merit COntrol measures at this time. Eupatorium rppillrfolium (dog fennel) was the primary wood observed at the site. On 03 November 1995 a second site visit was conducted and a -more extensive and quantitative survey was completed. The tract was divided into four blocks based on an apparent planting pattern and field design (Figure 2.); Block I was planted with broadleaf species only, Block 2 was planted with broadleaf species and Tawdium d%gichum (bald cypress), Block 3 was planted with broadleaf species only, and Block 4 was planted with ChamuecyParts rhyoldes (Atlantic White-cedar) only Tree and shrub survivorship in each of the four blocks was 450%, 63%. 52%, and 7Sa/o respeotively. Among all species Tax00fim distrcfiuum (bald cypress), Ch aecypwls thyoldes (Atlantic White-cedar) and FrOd"Us pet nsyhmica (greets as attained the highest survival rates. Weed status was determined based on a qualitative, visual assessment in.each block. Andmpogon virginicrts (broomsedge), Paniourn spp., Eupatorium capill folhow (dog fennel), and Podyg+orrum spp. *a tweed) were-the most prvblOmadc weed species in Blocks 1 and 2, Eupararfum Mpillfollum and Panicum spp. were the most problematic species in Blocks 3 and 4. Soil! organic content Dow bulk density) was greatest in Block 1, 0.47 g(car, Block 4 had the greatest mineral content; bulk density of 1. i s g/car. Hydrology within the site remained unchanged. On 20 August 1996 a site visit was conducted to determine 4ctual tree densities in each block. A 1/1 0th acre radius permanent plot was established within each block. Surviving sapling density in each plot was recorded, as well as qualitative observations of weed species. Tree densityin each block is presented in Table 2. OCT 28 '97 04:56PM US ARMY CORPS MAILRM P.81 Table 2. Density of all tree species present in 1/10th acre plots located in each of the four blocks. See Figure 2 for location ofplots, Block I Block 2 Block 3 Block 4 Chamaecyparis lh)Wdes 0 0 0 290 Atlantic White-cedar Tmodhim dislichum 220. 110 0 0 Bald cypress Ah:us/Cephalanthus s0 30 222 0 Black Alder / Button Bush' I*'Mr ",,,S pe,21rsyIwi#ca 70 30 40 0 Careen Ash Myrica cerifera 30 20 70 0 wax myrtle Quercus phellos .20 30 f 50 0 Willow Oak Quercus • it i Qra 0 0. 30 0 Water Oak Quercus falcala /lyrata 0 30 70 0 Chonybark / Over(up oak Nyssa sylvadca 0 20 50 0 Swamp Black Gum Mean tree density within the mitigation bank is 399 trees per acre, Trees appear healthy with new growth evident. Weed suppression was stall somLeWIM apparent along planting rows, however, some weeds had overtopped saplings. Dominant weed species present consist of Eupatorium capillifolitrm (dog fennel) and panic= spp. OCT 28 '97 04:57PM US ARMY CORPS MAILRM P.9 • y 5.0 SITE MONTropiNc To insure the successful restoration aid ahwftnent of this site long t= monitoring wM be req . Ift key, to attain a desired restored and Oft aced wetland system will be to insure that every measure is taken to provide the conditions fur wetland soils and hydrology to develop and establish the desired vegetation. In order to be successful with restoration and enhancement, long term monitoring of the site will be required. Vegetative counts, sop chamotorWoa, and hydrologic regime will be monitored for a period of 5 years. Site visits will be conducted every 6 months during this time period. Reports of the mitigation bank status as well as any needed remedial measured required will be filed with`the Mitigation Bank Review Team (AM after each site visit. M`v RT) loi'+r1 5.1 Vegetation Vegetation planted within the. mitigation site, as well avnaturally occurring wetland species and weed status wilt be monitored by I/10 Sore pea Went plot methods, during each site visit. Canopy densities will be assessed annually with the use of a densitometer. To remediate initial s$pling losses, additional plantings ofT=odim distickim (bald cypress) -wil1 be initiated in spring 1997, 9.2 Hydrology Hpdrologic monitoring within the mitigation site will consist of determining the water level at various locations across the site. Monitoring wells will be placed in three locations with n the mitigatiOn site after fOmedlal planting and will be utilized to mordtor hydrology within the site. Monitoring of the wells will take place during eaoh site visit. Wells will consist of 3" diameter lined well pipe, each well will be installed to a depth of at least 1 M. OCT 28 '97 04:57PM US ARMY CORPS MAILRM P.10 • M o • 5,3 Sort Soil characteristics will be monitored by visually examining organic watmulation and horizon development. Bulls density will be measured to deterrnine soil organic .. content. Hydric soil aharactetistics are expected to be enhanced as a result of hydrology manipulations. 6.0 Restoration Of Ecological Functions .X. As a result of this restoration effort, several ecological functions should be re- established. Initially, an increase in carbon storage, water storage, and the removal of potenti$I pollutants from, agricultural runoff is expected. The site will undoubtedly serve as wildlife habitat for many game and nor-game species. f1 The site is already being utilised by a numbeNnanunalian, herpatologi* and bird species. These include Odocofleus vlrginlanus (white-tailed deer), (quail), and 4ld81rodon =for&= (southern copperhead), Elaphe obsoleta ohsoleta (black rat snake),Crotalus horridus (timber rattlesnake), and others. As the tree stand ages and developes a canopy the site will be utilized by other wildlife which forage and shelter in adult tree stands such as: Ursus arnet- m mus (black bear), Yulpes vtrlpes (red (x), IIrocy10n cinercocrrpgfflous (gray fox), Piocyvn tutor (raccoon), Didelphls virglnlaw (opossum), Sciww wolimnds (gray squirrel), and smaller rodents. Bird species include: various species of predatory hawks and owls, as well as smaller bird species such as Turdus migrarorius (american robin), Cya wdj& crislata (blue jay), Mimus polyglotios (mocking bird), Cantopus virens (eastern wood pewee), PaM carolinensis (Carolina chickadee), Th yolhorus ludovicianus (Carolina wren), Part's bicolor (tufted titmouse), among others. It should be noted that this habitat provides excellent migratory and resident song bird habitat and nesting areas. OCT 28 '97 04:57PM US ARMY CORPS MAILRM P.11 Herpetological species found in the region include: Agki'strodon piscivoru s (eastern cottonmouth), Aghisovdon cot710rM Cotttortrlx (southern copperhead), Cratat:is adamanieuss (eastern diamondback rattlesnake),,Vem&a erythrogasier erythrogmier (redbelly water snake), O'pheodrys aesftzy (rough green snake), among others. Turtle species itr the region include: Terrapette cay'alina butn'i (eastern box), Cleinmys gutktta (spotted turtle), Chelydra serpetrtiw (common snapping turtle), and Kinwer ron srrbrubnim 47ibrubram (eastern mud turtle). Many toad species from both the Scaphiopus (spadefoot) and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true frogs) families. Various species ofsalan=ders from the Arabystoma (mole salamanders), Notophthatmus (newts), and Plethodon (woodland salamanders) families. Aeolis oarolineru& (green -anole) is also found in the region, and open water system will be left in the center to facilitate amphibian habitat- 7.0 Preservation and Protection Ultimately, the Went of this mitigation package is to put this land in a natural state in perpetuity. This will be achieved through conservation easements created with deed restrictions. Furthermore, this will establish the head water wetland to a historic channel Cypress Creek which will add to the needed buffer to the major river, stream, and tributary corridors of the greater Cape Fear WWI. Recent depletion of our wetland stocks increase the neod fOr preserving wetland functions in a natural state. In addition, continued availability of Nationwide permits to property owners in urban areas increase the need for the creation of successful mitigation bank locations which will preserve and protect large contiguous wetland areas and establish valuable wildlife com'dors. In this particular region of North Carolina, drained Carolina Bays are common. Future restoration of adjacent bay areas is proposed which will serve to put more of our watersheds with wetland buffer in a natural state for the future preservation for the health and well being of our natural ecosystem OCT 28 '97 84:58PM US ARMY CORPS MAILRM P.12 a Y Appendix Z.-Sibliography 1. Brinson, ACNI. (1993). "A hydrogeomorphic classification for wetlands," technical Report WR.p-im-4, us. Army?gin='Waterways Experiment Station, Mcksburg, MS. I Lewis. W. Rand National Rmach Council (U.S.). (1995). Comaiittec on Characterization of Wetlands, 'Wetlands: characteristics and boundaries". pp. 307. ti: OCT 28 '97 04:58PM US ARMY CORPS MAILRM ?•M.yy ' • Sii??i i United States NBturu! ` rr?x?`•fit' oIMr)artl,lent of ' Resources + 14 Agriculture Conservation Service Gary A. Mitchell, President Mitchell and Associates, Inc. 128 A Harding St. Greenville, NC 27858 Dear Mr. Mitchell, P. 13 22 Agriculture service center ! =•.,• 111 Circla 4E::4 abfotil town, NC 28337 X10.862.6936 (FI910.862.6138 March 20, 1996 13er your request, this is to confirm that Murphy -Family ):arms tract 2233 field 70 and 71 have a wetlands designation of`•"PC" (Prior. Conveved 1A't viands), ' '111, only comment or question I have with regards to your restoration plan is will you necd tu re-route the main canal along (Ile access on the soutl?k?:,; sick of the field i]I order to stilly restore hydrology? Nleaser call the if I can be of farther assistance. Sincerely, Samuel G. warren` District Conservationist •• L,-:eu SIMs 0006dmeM of A944i ume IVSOAI PWO(tiVO d1w4W ati In - of o •r . +..:k! wa Vier 111 proNWIed b pply woorta fti. Rig atif, ihyiGtre ON wipm diO else ? n {w buffs of rsac. Colo. +4li9nd mlp k su, raliylen, ?Ot. aieebiti[f. Pofifit Y beliats u+d meried :'h:acl Ina USDA Office of Commuluasl9ffl 611202) 720.58®1 &Oiael o+ (2021720 7806(TODjsuwa mess toy oormltiVA aatien goprem InrOrtn?tfpt? {yceillo IN JOIN A oWTotepp• v;a.: OCT 28 '97 84:59PM US ARMY CORPS MAILRM Figure DEN y~''ti1• ?tr• '•(r •`+' 'wr?•? ?i Mitigation Area , P.14 OCT 28 '97 04:59PM US ARMY CORPS MAILRM i U M ? M t dl eA 41 41 CJ .0 n W N ry d F 4J 0 v N'UN Im, p? r •?yapCl • N a do 0 U & to m; v N r a ? AA .Q 0 d1 W a u U) 0 E-+ a z tA ..., P.15 REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 Environmental Resources Section Je Mr. S ven Kroeger Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607-6445 IV/11 ? 1 *0, t14 16/1 %e Dear Mr. Kroeger: Enclosed for your concurrence is the Final Wetland Mitigation Plan for the Flood Damage Reduction project at the Clinton Wastewater Treatment Plant. Your acceptance of the selected mitigation tract is also requested. Concerns raised during final coordination included a request for the perpetual access to the Murphy Farms Site, need for more frequent hydrology monitoring, length of monitoring period, and use of only native tree species. These concerns and requested editorial changes have been discussed with commenting agencies and are addressed in the final plan. We request your written comments be provided by September 5, 1997, to the following address: U.S. Army Corps of Engineers, Wilmington District, Attention: Mr. Chuck Wilson (CESAW-EP-PE), Post Office Box 1890, Wilmington, North Carolina 28402-1890. Sincerely, W. Coleman Long Chief, Planning and Environmental Branch Enclosure Clinton Wastewater Treatment Plant SAME LETTER SENT TO: Mr. Wayne Hollowell City of Clinton Post Office Box 199 Clinton, North Carolina Mr. Joe Best City of Clinton Post Office Box 199 Clinton, North Carolina August 20, 1997 Mr. Larry Hardy, Area Supervisor 28329-0199 Habitat Conservation Division Beaufort Marine Fisheries Center National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516-9722 28329-0199 Dr. Gerald Miller U.S. Environmental Protection Agency, Region IV 345 Courtland Street, NE. Atlanta, Georgia 30365-2401 Mr. Keith Ashley North Carolina Wildlife Resources Commission 102 Hillcrest Drive Elizabethtown, North Carolina 28337-9782 Mr. Frank McBride North Carolina Wildlife Resources Commission Post Office Box 118 Northside, North Carolina 27564-0118 Mr. John Dorney Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607-6445 Mr. Steven Kroeger Division of Water Quality North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607-6445 Mr. Olen Pike The Wooten Company 120 North Boylan Avenue Raleigh, North Carolina 27603-1451 Mr. Reef Ivy Murphy Family Farms Post Office Box 759 Rose Hill, North Carolina 28458-0759 Mr. Gary Mitchell Mitchell and Associates, Inc 128 North Harding Street Greenville, North Carolina 27858-1324 FINAL WETLAND MITIGATION PLAN FLOOD DAMAGE REDUCTION CLINTON WASTEWATER TREATMENT PLANT CITY OF CLINTON, NORTH CAROLINA 1.00 PROPOSED PROJECT The U.S. Army Corps of Engineers, Wilmington District, proposes to construct a flood damage reduction project at the Clinton Wastewater Treatment Plant, Clinton, North Carolina. This project described in the Detailed Project Report and Environmental Assessment on Flood Damage Reduction, Clinton Wastewater- - Treatment Plant, City of Clinton, North Carolina, dated September 1993 included construction of a dike around the plant perimeter and minor stream channel relocation for dike placement. The project also included the restoration of 4.8 acres of prior converted farm field (PC) on Williams Old Mill Branch or Great Coharie Creek to offset 2.4 acres of wetland impacts. The final dike alignment has been modified to avoid wetland impacts to the degree practicable. A survey of delineated wetlands within the final alignment shows a reduced wetland impact area of only 1.8 acres and that stream channel relocation is not required. In addition, the city of Clinton has recently acquired a 6-acre tract of land that is primarily wetlands on Williams Old Mill Branch. A description and location of the tract is included in the attached warranty deed (see Appendix A, Conservation Lands). Our analysis indicates that long-term conservation of this tract and reduced flooding from the wastewater treatment plant will improve water quality and aquatic habitat conditions. The 6-acre area located on Williams Old Mill Branch would be surveyed and mapped by the city and the land deed amended by restrictive conservation covenants assuring perpetual protection of the site by the city of Clinton. 2.00 SITE SELECTION The site proposed for restoration in the Environmental Assessment (EA), a small PC located on Williams Old Mill Branch, has naturally reverted from PC to wetland and is no longer suitable for restoration. Therefore, the identification of a new mitigation area was required. Maps of U.S. Soil Conservation Service prior converted wetlands located in the Great Coharie Creek 100-year flood plain were compiled by the U.S. Army Corps of Engineers during feasibility level studies in 1993. These maps were reviewed by agents of the city of Clinton, Sampson County, North Carolina, and the Wooten Company in August 1995. Sixteen flood prone properties, with at least 5 acres currently or recently under cultivation, were identified for further consideration. The aforementioned agents further narrowed the list to five sites that were expected to be t I available for purchase, have a high potential for restoration, and direct construction access. These five sites were inspected by the Corps in October 1995. Of the sites visited, only one tract was found to have high potential for development as a mitigation site; however, the owner of that site did not want to sell his property. Further investigation by the city of Clinton, the Wooten Company, and Robert J. Goldstein and Associates, in January 1996, identified the proposed Murphy Farms site as a potential mitigation site for this project. 3.00 INTERAGENCY COORDINATION By letters dated August 9, 1996, September 19, 1996, and November 22, 1996, known interested parties were provided an opportunity to comment on the Murphy Farms site and participate in the development of this plan. An interagency field inspection of the proposed project area and the Murphy Farms site was made on September 20, 1996. Agency comments regarding the November 22, 1996,-letter are included in Appendix B. All comments were considered in the development of this plan. Resource agencies who provided comments on the Draft Mitigation Plan indicated general concurrence with the plan, subject to minor modification which have been incorporated below. Acceptance of this plan does not constitute an endorsement of mitigation banking in the area or the suitability of Murphy Farms site as a mitigation bank by the Corps or any resource agency. 4.00 PROPOSED MITIGATION Mitigation needs were recalculated consistent with procedures outlined in Appendix A, Wetland Impacts and Mitigation Evaluation, Williams Old Mill Branch, to the previously referenced EA assuming the following conditions: (1) a reduced impact area of 1.8 acres and (2) prior establishment of the 6-acre conservation easement as described above. The mitigation plan includes the purchase and long-term management of at least 3.6 acres of the proposed Murphy Farms mitigation site described in the draft Murphy Family Farms, Inc., Mitigation Bank Comprehensive Wetlands Mitigation Plan (see Appendix C). Our evaluation indicates that this action would provide suitable mitigation for project impacts resulting from the filling of about 1.8 acres of wetlands associated with the proposed construction of the Flood Damage Reduction Project, Clinton Wastewater Treatment Plant, City of Clinton, North Carolina. A. Site Description. A description of the selected mitigation site, including a map is included in Appendix D. The proposed mitigation tract includes lots 31-34 of the Murphy Farms site and covers an area of 4 acres. The Murphy Farms site is a 44-acre wetland restoration site formerly known as Cypress Creek Bay that was developed as a private commercial venture on Murphy Family Farms Tract 2233 (Field 71). It is located adjacent to NC Highway 242, near Ammons' Crossroads, northeastern Bladen County, North Carolina. The mitigation site and project impact area are located within the Black 2 River subbasin, and site development is generally consistent with mitigation criteria described in the Detailed Protect Report and Environmental Assessment on Flood Damage Reduction, Clinton Wastewater Treatment Plant, City of Clinton, North Carolina, dated September 1993. The site, which is designated prior converted wetlands (U.S. Natural Resources Conservation Service letter dated March 20, 1996), was planted with wetland tree species in 1995 and has had hydrologic restoration in 1996. The vendor will provide long-term monitoring of the site and guarantee success of vegetation and hydrologic criteria over the monitoring period as described in the purchase agreement. B. Site Development and Monitoring. The general site development and monitoring will be conducted as described in the draft Murphy Family Farms, Inc., Mitigation Bank Comprehensive Wetlands Mitigation Plan, as amended by the addition of the following terms and conditions. C. Terms and Conditions. Verification of compliance with terms and conditions described below is included as Appendix D. (1) A 3.6-acre portion of the Murphy Farms site located near the site's original drainage would be delineated, surveyed, and mapped in relation to the 44-acre site by the vendor. The selected site will be coordinated with the U.S. Fish and Wildlife Service, North Carolina Division of Water Quality, and North Carolina Wildlife Resources Commission for concurrence prior to initiation of project construction. (2) The site's hydrology will be confirmed to be saturated within 12 inches of the ground surface, ponded, or flooded at least 12.5 percent of the growing season under reasonably average climatic conditions. A hydrologic comparison to the mitigation site referenced wetland will be made. (3) Vegetation will be monitored to assure a minimum of 320 trees per acre including at least 6 hardwood species with no more than 20 percent of any 1 species. All target trees will be water tolerant (facultative or wetter) native to the area. (4) Remediation, including site modifications and new plantings, will be made as needed to meet hydrologic and vegetative goals. Periodic monitoring will be conducted as described in the Murphy Family Farms, Inc., Mitigation Bank Comprehensive Wetlands Mitigation Plan with the following modifications. Hydrology will be monitored monthly until the hydrology criteria is met and twice each year thereafter throughout the remainder of the monitoring period. Monitoring will continue for at least 5 years after any remediation is complete. (5) The site is to be purchased by the city of Clinton. The purchase agreement will require the site to be managed and protected in perpetuity and provide for a perpetual access easement from a state maintained road to the site. All commitments will be binding regardless of future land ownership. (6) Forestry activities are to be limited to that required for the management of old growth hardwoods with no commercial harvest allowed. (7) The previously described site documentation and annual monitoring reports will be provided to the U.S. Fish and Wildlife Service, North Carolina Division of Water Quality, and North Carolina Wildlife Resources Commission. 6.00 SUCCESS CRITERIA This plan will be considered to be successful if at the end of 5 years the 3.6-acre site is occupied by wetlands, as defined by 404 jurisdiction, with a minimum of 320 target trees per acre including at least 6 hardwood species and no more than 20 percent of any 1 species. 7.00 COORDINATION This plan has been coordinated with the following agencies and individuals. U.S. Fish and Wildlife Service: U.S. Environmental Protection Agency North Carolina Wildlife Resources Commission North Carolina Department of Environment, Health, and Natural Resources, Division of Water Quality Habitat Conservation Division, National Marine Fisheries Service The Wooten Company Murphy Family Farms Mitchell and Associates, Inc Mr. Joe Best Mr. Wayne Hollowell 4 APPENDIX A CONSERVATION LANDS It is proposed that the attached deed would be amended in perpetuity by the inclusion of the restrictive conservation covenants described below. The city of Clinton would assure compliance with these covenants which shall be binding on the landowner, successors, or assigns No dwellings, barns, outbuildings, or other structure shall be built within the deeded area. The vegetation or hydrology of the described area will not be altered in any way or by any means or activity on the property conveyed by this deed, orproperty owned by or under the control of the landowner including (1) cutting or mowing; (2) cultivating; (3) grazing; (4) harvesting of wood products; (5) burning; (6) placing of refuse, waste, sewage, or other debris; (7) draining, dredging, channeling, filling, discing, pumping, diking, impounding, and related activities; or (8) diverting or affecting the natural flow of surface or underground waters into, within, or out of the easement area, with the exception of the lawful discharge of treated wastewater in to the run of Mill Branch as permitted to the National Pollutant Discharge Elimination System Permit No. NC0020117 and future modifications of the same. S NtiRIfi I:hC,U1j1NH, + SAMPSON COUNTY. WARRANTY DL: J vuL11bU MGE;!?g1. - - -- THIS DEED OF CONVEYANCE, Made this the 15th day of March, 1994, by and between J. McKINNON MOORE (WIDOWER), of Sampson County, North Carolina, party of the first part; to the CITY OF CLINTON, a municipal corporation organized and existing under the laws of the State of North Carolina, party of-the second part; W I T N E S S E T H: That the said party of the first part, for and in con- sideration of the sum of Ten Dollars and other valuable considerations to him in hand paid by the.said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey unto the party of the second part, its successors and assigns, that certain tract or-parcel of land lying and being in NORTH CLINTON TOWNSHIP, Sampson County, North Carolina, and more particularly desQribed.as follows, to-wit: BEGINNING at a stake on Beaver Dam where the old Williams line crosses said run, and now called Faison's corner, and runs down said run South 77.degrees 50 minutes West 96 feet to a stake; thence down said run South 50 degrees 20 minutes West 446 feet to a stake; thence down said run South 86 degrees West 196 feet to a stake; thence down said run South 75 degrees 30 minutes West 94 feet to a stake; thence down said run South 83 degrees 25 minutes West 254 feet to the mouth of the Marsh Branch; thence North 142 feet to a stake, Marable's corner, draughon's old line; thence with the Draughon line North 55 degrees East 363 feet to a gum; thence the same line North 80 degrees East 363 feet to a pine; thence the same line North 66 degrees East 479 feet to a holly in Williams line; thence South 02 degrees 30 minu- tes West 66 feet to a water oak; thence South 22 degrees West 447 feet to the beginning, containing 6 acres, more or less, and being the same lands described in deed from Mildred Amnions and others, to Jessie Bethea and wife, Sarah Estelle Bethea, dated March 3, 1958, and recorded in Book 677, at.page 100, of the Sampson County Registry. This also being the same land described in deed dated August 26, 1970, from Jesse Bethea and wife, Sarah Estelle Bethea, to J. McKinnon Moore and wife, Mildred J. Moore, recorded in Book 828, at page 467, in the Sampson County Registry. TO HAVE AND TO HOLD the above described lands, together with all privileges and appurtenances thereunto belonging unto the said party of the second part, its successors and assigns, to its only I „qP ana behoof forever. And the S" party of the first part i renants to and with the said party of the second part, its successors and assigns, that he is.seized -of-- said premises in fee and has a right to convey the same in fee simple; that the same is free and clear from all encumbrances, and that he does hereby warrant and will forever defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, said party of the first part has hereunto set his hand and seal the day and year first above written. ? ??d>r?<<7...? -(SEAL) J. McKINNON MOO NORTH CAROLINA, SAMPSON COUNTY. a Notary PUblic in and for the coun and tate aforesaid, do hereby certify that J. McKINNON MOORE (WIDOWER), personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Rid Witness my hand and notarial seal, this the //day of MaT-eh-, 19 9 4 N ARY PUBLIC Myomiiaiss?oti expires: qA. NOR'1?'1 C?b?,L'YNA, SAMPSON;?:'COUNTY . The foregoin certificate of Z 1,j' k < < a? Yr b? Y certified to be cor ect. This instrument was presented for registration this day and hour and duly recorded in the office of the Register of Deeds of Samnpson County, North Carolina, in Book 11" , at page ?- This Da,!Nay of O by ( ( , 1994, at U: 1 0' clock, _1M - 4.AMPsnrl 84-12-44 f l f? \\ z O Z • O O .6 11 ?? ?Jd J O Y U Q ? m ?- v N ??z p_t 0 o U ? ?r? t 0 z; j S: ?3 tS J J rt??,rt o,ccy UNITED STA1 ie5 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration '? t NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 9721 Executive Center Drive N St. Petersburg, Florida 33702 December 3, 1996 .. RECEIVED DE 6 1996 Lt. Colonel Terry R. Youngbluth District Engineer, Wilmington District :?ct;iltA?tlT? R?Ii!' Department of the Army,.Corps of Engineers P. O. Box 1890 Wilmington, North Carolina 28402-1890 Dear Lt. Colonel Youngbluth: This responds to your November 22, 1996, letter requesting our comments on the Wetland Mitigation Plan for the Flood Control Reduction project at the Clinton Wastewater Treatment Plant in Clinton, North Carolina. We have reviewed the subject plan and have determined that fishery resources for which we are responsible will be minimally impacted by the proposed project and the associated. mitigation plan. Therefore, we have no objection to construction of the project as currently proposed. If we can be of further assistance, please advise. Sinc ely, G?ICLC'? jl')IX61? Andreas Mager, Jr. Assistant Regional Director Habitat Conservation Division cc: FWS, ATLA, GA FWS, Raleigh, NC EPA, ATLA, GA NCDEHNR, Raleigh, NC NCDEHNR, Morehead City, NC F/SE02 Ja?ZEO ST,?r? - s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY % REGION 4 ATLANTA FEDERAL CENTER 100 ALABAMA STREET, S.W. tir'+<rao? ATLANTA, GEORGIA 30303-3104 DEC 4 m996 Mr. W. Coleman Long Wilmington District, Corps of Engineers P.O. Box 1890 Wilmington, NC 28402-1894 Attn: Mr. Chuck Wilson - Environmental Resources Branch Subject: Wetland Mitigation Plan: City of Clinton Wastewater Treatment`-Plant Flood Control Project, Bladen County, NC Dear Mr. Long: Pursuant to Section 309 of the Clean Air Act, EPA, Region 4 has reviewed the subject mitigation plan. Specifically, the purchase of 3.6 acres at the Murphy Farm Mitigation Bank site to serve as compensation for the 1.8 acres of wetlands lost to the Clinton levee system. Moreover, a 6 acre parcel of valuable wetland habitat on Williams Old Mill Branch will be acquired and held in preservation by the City. After reflection we find that these measures address our previous concerns regarding the proposed flood control. Thank you for the opportunity to comment. If we can be of further assistance, Dr. Gerald Miller (404-562-9626) will serve as initial point of contact. Since-reiy ,yours. Ly-&&-Lu Heinz J. Mueller, Chief Office of Environmental Assessment R*cydad/Racydabla • Printed with Vegetable 01 Based Inks on 100% Recycled Paper (40% Postconsumer) V ® North Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: U. S. Army C?oz?s of En?ggiun?eers-Wilmington District Attn: Chuck Wilson (CESAW-EP-PE) P.O. Box 1890 Wilmington, NC 28402-1890 FROM: Keith W. Ashley, District 4 Fisheries Biologist N.C. Wildlife Resources Commission DATE: December 5, 1996 SUBJECT: Request for comments concerning the proposed Wetland Mitigation Plan for the flood damage reduction project at the Clinton Wastewater Treatment Plant, Clinton, North Carolina. The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the subject mitigation plan for the proposed flood damage reduction project at the Clinton Wastewater Treatment Plant. These comments are provided in accordance with provisions of the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The Corps of Engineers is requesting comments and approval of a wetlands mitigation plan for the proposed flood damage reduction project at the Clinton Wastewater Treatment Plant, located in Clinton, North Carolina. The proposed mitigation site is a 44-acre wetland restoration site known as the Bladen Farm Mitigation site. This site, located adjacent to NC HWY 242 near Ammons Crossroads in northeastern Bladen County, is being developed as a private commercial venture by Murphy Family Farms to serve as a "wetland restoration site" for debiting impacts to wetlands associated with development projects in southeastern North Carolina. It is currently designated a Prior Converted Wetland by the Natural Resources Conservation Service. It was planted with wetland tree species in 1995 and underwent hydrologic restoration this year. Much of the additional information we requested regarding the proposed Bladen County mitigation site was provided at a September 20, 1996 on site meeting. Efforts to reduce the impact area and attempts to locate an onsite or nearby mitigation site appear to have been extensive. This, combined with the threat to water quality of area streams when flood events inundate the wastewater treatment plant, persuades us to accept the proposed mitigation plan provided the following modifications are implemented: MEMO TO: W. Coleman Long 2 December 5, 1996 1. Under the Terms and Conditions section of the proposed mitigation plan add the following: "Use of a 3.6-ac portion of the Murphy Farms Bladen County mitigation site does not constitute an endorsement by the NCWRC of the use of mitigation banking in the area." 2. Change the wording of the first condition under the Terms and Conditions section to: "A 3.6-ac portion of the Murphy Farms site located near the site's original drainage will be delineated, surveyed, and mapped in relation to the 44-ac site and agreed to by all review agencies as being a feasible site prior to initiation of any construction activity at the waste water treatment plant." 3. Change the wording of the fourth condition under the Terms and Conditions section to: "......Periodic monitoring will be conducted as described in the Murphy Family Farms, Inc., Mitigation Bank Comprehensive Wetlands Mitigation Plan but will continue for at least 5 years after any remediation. 4. Change the wording of the fifth condition under the Terms and Conditions section to: "......All commitments will be binding regardless of future land ownership." Thank you for the opportunity to review and comment on this proposed mitigation plan. If we can provide further assistance, please contact District 4 Fisheries Biologist Keith W. Ashley at 910-866-4250. cc: Mr. Bennett Wynne, Fishery Management Coordinator s:\boatfish\habcon\coast\d4\cwwtpmp2. doc Is r' Mitchell and Associates, Inc. Environmental Consultants - - ---- - T - Harting Street 128 North 0 Greenville, North Carolina 27858 • (919) 752-4077 0 Fa>c (919) 752-7380 8 December 1996 Mr. Coleman Long Acting Chief Environmental Resources Section US Army Corps of Engineers Wilmington Regulatory Office P.O. Box 1890 Wilmington, NC 28402-1890 Dear Mr. Long: This letter is in response to your letter dated 22 November 1996 regarding the proposed Wetland Mitigation Plan for the Flood Damage Reduction project at the Clinton Wastewater Treatment Plant. At this time we feel the draft proposal requires no comments from Mitchell and Associates, Inc. However; should monitoring for longer than a five year period be requested, we would like to discuss the issue further. Should you have any questions, please feel free to contact my office. We look forward to hearing from you soon. cerely, G X1hell esident cc: Mr. Reef Ivey, Murphy Farms, Inc. State of Norte Carolina Department of Environment, Health and Natural Resources Division of Water Quality JamesB. Hunt, Jr., Govemor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director ?EHNF1 December 19, 1996 Mr. Chuck Wilson (CESAW-EP-PE) Corps of Engineers PO Box 1890 Wilmington, NC 28402-1890 Dear Mr. Wilson: Thank you for submitting a revised compensatory mitigation plan for the wetland impacts (1.8 acres) associated with the proposed construction of the flood damage reduction project at the Clinton wastewater treatment plant. Proposed mitigation consists of 1) the purchase and restoration of 3.6 acres of a portion of a site (Murphy Family Farms) in Bladen Co., and 2) providing a conservation easement on 6 acres of wetland adjacent to Williams Old Mill Branch. Although the. Division of Water Quality is inclined to accept the revised plan, we have some comments on the use of the Murphy Family Farms, Inc. Mitigation Bank. - The environmental consultants, Mitchell and Associates, Inc., have indicated that a portion of a Carolina bay in northeast Bladen Co., owned by Murphy Farms, Inc. may be developed into a wetland compensatory mitigation bank. Currently, however, this site has not been approved as a compensatory wetland mitigation bank. The use of a portion of this site to offset the impacts with the Clinton WWTP project does not constitute our (DWQ) endorsement of the site as a mitigation bank- References to the site as a mitigation bank should be discontinued until the site has an approved Mitigation Banking Instrument. The Comprehensive Wetlands Mitigation Plan developed by Mitchell and Associates, Inc. is incomplete. For example, the source(s) of plant material listed in Table 1 is not identified. It is strongly encouraged to use individuals with a genotype (ecotype) adapted to local environmental conditions. Interestingly, Table 1 lists Quercus arkansana, a nonwetland species that is not found in North Carolina. This may be the result of obtaining plant material from out-of-state. Monitoring will be very important. Information on monitoring well construction and well installation should be provided and discussed before wells are installed. The proposal to monitor wells every six months cannot be accepted. Monitoring at this frequency cannot provide sufficient information to conclude that wetland hydrology has been established. Other issues concern the identification and monitoring of a reference site, access to the site, and final disposition of the property. Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-9960 FAX # 733-9959 An Equal Opporwnity Affirmative Action Employer 5o% mcyclc&to% post consumer paper Overall your proposal is good, but more detailed information pertaining to the Murphy Family Farm restoration site is needed before we can approve the use of this site to mitigate for the Clinton WWTP impacts. Please call me if you have any questions. My telephone number is (919 733-1786. Sincerely, Steven Kroeger v cc: John Dorney, DWQ-Raleigh Gary Mitchell, Mitchell and Associates Kevin Moody, USFWS APPENDIX C Murphy Family Farms, Inc., Mitigation Bank Comprehensive Wetlands Mitigation Plan Mitchell and Associates, Inc. Environmental Consultants. 128 N. Harding Street • Greenville, North Carofire 27858. 919 - 752 - 4077 Fan 919 - 752- 7380 }Erse-.`Ya Baca . ' t DRAFT MURPHY FAMILY FARMS, INC. MITIGATION BANK COMPREHENSIVE WETLANDS MITIGATION PLAN Requested by Murphy Farms, Inc. Post Office Box 759 Rose Hill, NC 28458 Prepared by Mitchell and Associates, Inc. 128 North Harding Street Greenville, NC 27858 September 11, 1996 1.0 INTRODUCTION Mitigation banking, the process by which land is restored, enhanced, or preserved in perpetuity and then utilized to off-set impacts elsewhere is becoming a common practice. This process is accepted by regulatory agencies as a feasible method to compensate for unavoidable wetland loss as addressed in MOA (EPA, ACOE) 404 B 1 guidelines. Murphy Farms, Inc. has began the process of restoration of prior converted (PC) farmland to wetland status on a 44 acre tract in NE Bladen County to establish a mitigation bank. The tra.4 lies within the South River watershed which discharges to the Black River. These watersheds are subunits of the Cape Fear River. Mitchell and Associates, Inc. has been retained by Murphy Family Farms to prepare a comprehensive mitigation plan and continue with the necessary site modifications to re-establish characteristic wetland vegetation, soils, and hydrology to satisfy the three mandatory criteria for wetland status. 2.0 SITE DESCRIPTION The mitigation site is located near the community of Ammon, Bladen County, North Carolina (Figure 1.). Access to this site is via NC 242, approximately 3 miles south of the intersection of NC 242 and NC 210. From NC 242 an unpaved private road leads the site. This tract of land lies in a previously drained Carolina Bay locally known as Cypress Creek Bay. Prior to the initiation of the mitigation project the land was used for agricultural purposes. Row crops, primarily feed corn and soy beans have been planted on the site within recent years. The USDA, Natural Resources Conservation Service (NRCS) has designated the site as `TC" (see attached letter). 3.0 SITE HISTORY Prior to any human impacts this land probably would have fit the description of a Bay Forest. Bay Forest is a forest ecosystem designation described in the North Carolina Natural Heritage Program's publication, Classification of the Natural Communities of North Carolina. These forested wetlands are described as wet, nutrient poor, peatlands dominated by the bay species, Persea borborua (redbay), Gordonia la.sianthus (loblolly- bay), and Magnolia virginiana (sweetbay). Other canopy species include: Pinus serotina (pond pine), Nyssa biflora (swamp tupelo), Acer rubmm (red maple), Pinus iaeda (loblolly pine), and Chamaecyparis thoides (Atlantic white-cedar). Shrub species-include: Lyonia lucida (fetterbush); Cyrilla racemiflora (titi), Lyonia ligustrina (male-berry), Ilex coriacea (low gallberry), and Ilex cassine (henderson-wood). Although a precise site history is unavailable, this tract, like most forests of the region, was probably an extractive forest resource (turpentine and selective logging) from the mid nineteenth century until conversion to farm field within the last two decades. Since conversion to agriculture, the site has been drained by ditching and all woody vegetation and woody debris has been removed from the site. Agricultural practices at the site consisted of conventional row cropping with corn, soy bean, and possibly small grain. The Bladen County soil survey (1990) indicates the presence of Pantego (Umbric Paleaquuts) and Croatan (TenicMedisaprists). These soils are shallow histosols or oligotrohpic mineral soils with organic surface layers characterized by poor drainage and highly decomposed organic material. Typically these soils are found within Carolina Bays, depressions, and along flood plains. Agricultural practices such as annual cultivation, crop removal, and drainage has altered the upper soil horizons. Most certainly, organic content has decreased and upper soil horizons have been mixed. 4.0 RESTORATION 4.1 Vegetation In order to restore this tract to wetland status, tree and shrub species which are commonly found in wetlands of this region were planted in March of 1995, prior to involvement by Mitchell and Associates, Inc. Seedlings were planted in parallel rows were planted in 6 foot intervals along each row with the exception of Atlantic white cedar which was planted in 5 foot intervals. Atlantic White-cedar was planted in closer intervals to facilitate dense canopy development commonly found under natural conditions. Pre- emergent herbicide was applied to the site immediately following planting to reduce noxious weed competition. Treatment consisted of banding the herbicide within the tree rows to allow, suppress competing weeds, volunteer recruitment by wetland, and minimize herbicide usage. Tree species and quantity planted within the mitigation site is presented in Table 1. Table 1. List of tree species planted, quantity, and percent of total each species makes up. SPECIES Quercus phellos Quercus n i gr a - Quercus falcata var. pagodifolia Quercus lyrata Nyssa sylvadca Froxinus pennsylvanica Nyssa sylvatica var. biflora Taxodium distichum Myrica cerifera Aburs glutinosa Cephalanthus occidentalis Willow Oak Water Oak Cherrybark Oak Overcup Oak Swamp Black Gum Green Ash Tupelo Gum Bald Cypress Wax Myrtle Black Alder Button Bush QUANTITY 1,000 1,000 2,000 2,000 8,500 1,000 3,000 3,400 2,000 2,000 1 000 PERCENT 3.7 3.7 7.4 7.4 31.8 3.7 11.4 12.3 7.4 7.4 37 Total 26,900 100.0 Chamaecyparis thyoides Atlantic White-cedar . 2,000 4.Z Hydrology The original hydrology within the tract, as well as Cypress Creek Bay has been altered by ditching. Ditches were allowed to remain open for the first year after planting to facilitate drainage and root development. In August 1996 a series of earthen plugs were used to stop water flow and create saturated soil conditions. Additionally,-the main in flowing ditch was diverted into the tract to facilitate soil saturation without affecting the drainage in adjacent farm fields (Figure 3.). A flashboard riser was established at the southwestern end of the tract to allow further hydrological manipulation of the tract, but has been abandon and replaced with a permanent earthen plug. 4.3 Soils Soil characteristics have been altered by the agricultural practices. With the removal of the natural hydrologic regime, tillage, compactor, and crop removal the organic content of the soils most likely decreased. Presently, the site is void of coarse woody debris and woody roots. In the two years since the cessation of cultivation, a surface organic layer has developed from senesced herbaceous plants. An accumulation of leaf litter and woody debris should develop as the stand ages. 4.4 Tree Density / Survivorship On 28 June 1995 a site visit was conducted to estimate vegetation survivorship. A qualitative spot check of sampling status indicated an approximately 70 - 80% survivorship for broadleaf and shrub species. Improper planting resulting in root exposure is the likely cause of most tree mortality. Additionally, late (March) planting and excessive spring drought may have increased plant stress and mortality. Conversely the conifer species, Taxodium disdchum (bald cypress) and Chamaecyparis thyoides (Atlantic White-cedar) exhibited high survivorship (>90%). Herbicide application had been successful in suppression of weed growth within the planting strips. Outside planting strips, weed growth was occurring but did not merit control measures at this time. Eupatorium capillifolium (dog fennel) was the primary weed observed at the site. On 03 November 1995 a second site visit was conducted and a more extensive and quantitative survey was completed. The tract was divided into four blocks based on an apparent planting pattern and field design (Figure 2.): Block 1 was planted with broadleaf species only, Block 2 was planted with broadleaf species and Taxodium distichum (bald cypress), Block 3 was planted with broadleaf species only, and Block 4 was planted with Chamaecyparis thyoides (Atlantic White-cedar) only Tree and shrub survivorship in each of the four blocks was 45%, 63%, 52%, and 78% respectively. Among all species Taxodium distichum (bald cypress), Chamaecyparis thyoides (Atlantic White-cedar) and Fraxinus pennsylvanica (green ash) attained the highest survival rates. Weed status was determined based on a qualitative, visual assessment in•each block. Andropogon virginicus (broomsedge), Panicum spp., Eupatorium capillifolium (dog fennel), and Polygonum spp. (smartweed) were-the most problematic weed species in Blocks 1 and 2. Eupatorium capillifolium and Panicum spp. were the most problematic species in Blocks 3 and 4. Soil organic content (low bulk density) was greatest in Block 1, 0.47 g/cmw. Block 4 had the greatest mineral content; bulk density of 1.18 glcmw. Hydrology within the site remained unchanged. On 20 August 1996 a site visit was conducted to determine actual tree densities in each block. A 1/10th acre radius permanent plot was established within each block. Surviving sapling density in each plot was recorded, as well as qualitative observations of weed species. Tree density in each block is presented in Table 2. Table 2. Density of all tree species present in 1/10th acre plots located in each of the four blocks. See Figure 2 for location of plots. Species Density (# per acrel __ Block 1 Block 2 Block 3 Block 4 Chamaecyparis thyoides 0 0 0 290 Atlantic White-cedar Taxodium distichum 220 110 0 0 Bald cypress Ahnis 1 Cephalanthus 80 30 222 -' 0 Black Alder / Button Bush' Eraxinus pennsylvanica 70 30 40 0 Green Ash Myrica cerifera 30 20 70 0 Wax Myrtle Quercus phellos .20 30 50 0 Willow Oak Quercus _ n i g r a 0 0• 30 0 Water Oak Quercus falcata / lyrata 0 30 70 0 Cherrybark / Overcup Oak Nyssa sylvatica 0 20 50 0 Swamp Black Gum Mean tree density within the mitigation bank is 399 trees per acre. Trees appear healthy with new growth evident. Weed suppression was still somewhat apparent along planting rows, however, some weeds had overtopped saplings. Dominant weed species present consist ofEupatorium capillifolium (dog fennel) and Panicum spp. 5.0 SITE MONITORING To insure the successful restoration and enhancement of this site long term monitoring will be required. The key to attain a desired restored and enhanced wetland system will be to insure that every measure is taken to provide the conditions for wetland soils and hydrology to develop and establish the desired vegetation. In order to be successful with restoration and enhancement, long term monitoring of the site will be required. Vegetative counts, soil characteristics, and hydrologic regime will be monitored for a period of 5 years. Site visits will be conducted every 6 months during this time h3 Awl period. Reports of the mitigation bank status as well as any needed remedial measured required will be filed with "the Mitigation Bank Review Team (MBRT) after each site visit. 5.1 Vegetation Vegetation planted within the-mitigation site, as well as naturally occurring wetland species and weed status will be monitored by 1/10 acre permanent plot methods during each site visit. Canopy densities will be assessed annually with the use of a densitometer. To remediate initial sapling losses, additional plantings of Taw&um distichum (bald cypress) will be initiated in spring 1997. 5.2 Hydrology Hydrologic monitoring within the mitigation site will consist of determining the water level at various locations across the site. Monitoring wells will be placed in three locations within the mitigation site after remedial planting and will be utilized to monitor hydrology within the site. Monitoring of the wells will take place during each site visit. Wells will consist of 3" diameter lined well pipe, each well will be installed to a depth of at least 1 m. 5.3 Soil Soil characteristics will be monitored by visually examining organic accumulation and horizon development. Bulk density will be measured to determine soil organic .. content. Hydric soil characteristics are expected to be enhanced as a result of hydrology manipulations. 6.0 Restoration of Ecological Functions As a result of this restoration effort, several ecological functions should be re- established. Initially, an increase in carbon storage, water storage, and the removal of potential pollutants from agricultural runoff is expected. The site will undoubtedly serve as wildlife habitat for many game and non-game species. 0 The site is already being utilized by a numbertifnammalian, herpetological, and bird species. These include Odocoileus virginianus (white-tailed deer), (quail), and Agkistrodon contortrix (southern copperhead), Elaphe obsoleta obsoleta (black rat snake),Crotalus horridus (timber rattlesnake), and others. As the tree stand ages and developes a canopy the site will be utilized by other wildlife which forage and shelter in adult tree stands such as: Ursus americanus (black bear), Vulpes vulpes (red fox), Urocyon cinereoargenteus (gray fox), Procyon lotor (raccoon), Didelphis virginiana (opossum), Sciurus carolinensis (gray squirrel), and smaller rodents. Bird species include: various species of predatory hawks and owls, as well as smaller bird species such as Turdus migratorius (american robin), Cyanocitta cristata (blue jay), Mimus polyglottos (mocking bird), Cantopus vixens (eastern wood pewee), Parus carolinensis (Carolina chickadee), Thryothorus ludovicicmus (Carolina wren), Parus bicolor (tufted titmouse), among others. It should be noted that this habitat provides excellent migratory and resident song bird habitat and nesting areas. • f ? Herpetological species found in the region include: Agkistrodon piscivorus (eastern cottonmouth), Agkistrodon contoririx contortrix (southern copperhead), Crotalus adamanteus (eastern diamondback rattlesnake), Nero&a erythrogaster erythrogaster (redbelly water snake), Opheodrys aestiwis (rough green snake), among others. Turtle species in the region include: Terrapene carolbw bauri (eastern box), Clemmys guttata (spotted turtle), Chelydra serpentina (common snapping turtle), and Kinosternon subrubrum subrubrum (eastern mud turtle). Many toad species from both the Scaphiopus (spadefoot) and Bufo (true toads) families, as well as frogs from the Hyla (tree frogs) and Rana (true frogs) families. Various species of salamanders from the Ambystoma (mole salamanders), Notophthalmus (newts), and Plethodon (woodland salamanders) families. Anolis carolinensis (green*anole) is also found in the region, and open water system will be left in the center to facilitate amphibian habitat. 7.0 Preservation and Protection Ultimately, the intent of this mitigation package is to put this land in a natural state in perpetuity. This will be achieved through conservation easements created with deed restrictions. Furthermore, this will establish the head water wetland to a historic channel Cypress Creek which will add to the needed buffer to the major river, stream, and tributary corridors of the greater Cape Fear basin. Recent depletion of our wetland stocks increase the need for preserving wetland functions in a natural state. In addition, continued availability of Nationwide Permits to property owners in urban areas increase the need for the creation of successful mitigation bank locations which will preserve and protect large contiguous wetland areas and establish valuable wildlife corridors. In this par ticular region of North Carolina, drained Carolina Bays are common. Future restoration of adjacent bay areas is proposed which will serve to put more of our watersheds with wetland buffer in a natural state for the future preservation for the health and well being of our natural ecosystem. Appendix 1. Bibliography 1. Brinson, M. M. (1993). "A hydrogeomorphic classification for wetlands," Technical Report WRP-DE-4, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. 2. Lewis, W. M. and National Reaserch Council (U.S.). (1995). Committee on Characterization of Wetlands. "Wetlands: characteristics and boundaries". pp. 307. ?4. United States Department of Agriculture Natural :t_' Agriculture Service Center Resources .... ;1h Circlt; Conservation ::::c;,betittowrt, NC 28337 Service ::,,g10-862-6936 (F)910-862-6138 March 20, 1996' Gary A. Mitchell, President Mitchell and Associates, Inc. 128 N. Harding St. Greenville, NC 27858 Dear Mr. Mitchell, Per your request, this is to confirm that Murphy Family Farms tract 2233, field 70 and 71 have a wetlands designation oP"PC" (Prior Converted V+rc sands). )'lie only comment or question I have with regards to you. restoration plan is will you need to re-route the main canal along the access on the soutli%-> : side of the field in order to fully restore hydrology? Please call me if I can be of further assistance. Sincerely, Samuel G. Warren District Conservationist a W..:-a States Department of AorictAme (USDA) prohibits discrimination in its programs on"basis of race. cow. mtiond origin. sex. religion, ape, disability, political beliefs and marital or 1Not all prohibited bases apply to all programs). Persons with disabilities Who rewire alternative mean tw communication of program information (Ittoilk, largo print. sudiotam cic.i ::ri:act trk USDA Office of Commtxtieadons at (2021720-6081 Ivoiee) or (202) 720-7808(T00). Figure 1. _ CU RCAAND, CO ? DEN CO ' 41 miti , Iv w N N 1.1 U) .11 C14 41 U cn N O 0 O cif H ?i a b N -r 0c1 014-$ O J 41 J-1 0 ? 0 0 gaxu U / O O N N 4 / N rn a 2 dl 3 W 14 O Q W U •d z 3 o H 4 V N C 4m D4 4J 04 A 4-3 cr) >1 N OJ O U N co m M44 A O m N • x x a o? a: m w •o ? x x O M E-+ x O U O E-+ a O o a ? 4-3 a U) q x v ? _ ? FC o y, O ) a H ? W U ? w Q ? ? x O O O Dear Mr. Best: This letter is in reference to your correspondence dated 27 March 199W'z concerning Murphy Family Farms Mitigation Bank. Below are the status of those terms and conditions outlined in your letter. (1) STATUS: Compliance. The site includes lots 31-34 and covers an area of 4 acres. At this time the survey being used does not indicate the location of Cypress Creek, however they are located approximately 1000 ft. north of Cypress Creek. A monitoring well was installed in lot 32 on 22 February 1997. Ditch plugs are located along adjacent property lines on each side of the property but are not shown on the site survey at this time. More ditch plugs are anticipated with the possibility of entirely filling in the ditch which encloses the mitigation bank. Sample plots for vegetative and soil analysis were placed at four locations within the mitigation bank. Two of these plots are approximately 1500 ft. and 500 ft. north of lot 31. One plot is located within lots 33 and 34 while the final plot is located approximately 700 ft. southeast of lot 34. The location of the reference wetland at this time is approximately 700 ft. south of lot 34. During the last on site meeting with the Army Corps of Engineers and commenting agencies, it was decided to move the reference site to the north side of lots 31-34. Once the final mitigation plan for the City of Clinton has been approved it will be provided to the listed agencies. (2) STATUS: Compliance expected. The monitoring well located within lot 32 has recorded water within 12 inches of the ground surface consistently since its installation. However, continued monitoring is necessary to ensure that it will remain at the expected levels for at least 12.5 percent of the growing season. (3) STATUS: Compliance. Tree densities recorded during August of 1996 indicate that approximately 399 trees per acre exist within lots 31-34. Additional planting in February of 1997 have increased this density some what. Future vegetative sampling of the site will yield exactly what the post-planting density is. Tree species within lots 31-34 meet the requirement of 6 hardwood species with no more than 20 percent of any one species. All trees planted are at least facultative tree species. (4) STATUS: Compliance. Remediation, including site modifications and new plantings, will be made as needed to meet hydrologic and vegetative goals. Periodic Mitchell and Associates, Inc. Environmental Consultants 128 North Harding Street • Greenville, North Carolina 27858 • (919) 752-4077 • Fax: (919) 752-7380 monitoring will be conducted as described in the Murphy Family Farms, Inc. Mitigation Bank Comprehensive Wetlands Mitigation Plan with the following modifications. Hydrology will be monitored monthly until the hydrology criteria is met and twice each year thereafter throughout the remainder of the monitoring period. Monitoring will continue for at least 5 years after any remediation is complete. (5) STATUS: Compliance expected. The site is to be purchased by the City of Clinton. The purchase agreement include the requirements that the land be managed and protected in perpetuity. Perpetual access easement from NC 242 along the existing farm road to the site will be stated. All commitments will be binding regardless of future land ownership. (6) STATUS: Compliance. Forestry activities are to be limited to that required for the management of old growth hardwoods with no commercial harvest allowed. All forestry activity will be at the discretion of the City of Clinton. (7) STATUS: Compliance expected. Requirements of the proposed monitoring and remediation plan ensure that the listed agencies receive documentation of the plan and copies of the monitoring reports. Due to the nature of the plan no variation is expected. BOUNDARY MAP REVISIONS: See attached map- I hope this covers all the information needed. If I can be of further assistance, please feel free to contact me. Sincerely, G ? i chel rdent 1 CIPRESS CREEK BAr "t U d i SITE R. 7R7 1 AAINON N SR IPS O D I~7 ~ 42 N NOi iD 9CAlE I ~ M w ~RSrrtiEat ~ AMMON VICINITY MAP w ~ Z ~ Z \ / ~ \ \ / ~ ~ ~ - - S85'25'28'E pS RECORDED REFERENCES: /~-,92.E-' - - - 44.99 A C. f / EIR \ ~ BK.227, PG.557 s \ R \ \ \ < TIE uNE EXISTING IAON R00 IN THE C/l INTERSECTION OF \ \ N.C. HIGHWAY N 242 \ s~ CERTIFICATE OF SURVEY do ACCURACY: AND S.R. ~ 1002 ~ ~ STATE OF NORTH CAROLINA PENDER COUNTY ~ I, STEPHEN G. WALL, A REGISTERED LAND SURVEYOR, CERTIFY THAT THIS MAP WAS DRAWN FROM AN ACTUAL FlELD SURVEY PERFORMED UNDER MY DIRECTION AND ~ SUPERV151ON USING THE RECORDED REFERENCES ABOVE: THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INOICATEU AS DRAWN; THAT THE RATIO OF PRECISION IS 1:10,000+ ANO THAT THIS MAP CONFORMS TO GS 47-30 JOHN H, WIL IAMB & W/FE AS AMENDED. THAT THE SURVEY IS OF AN EXISiiNC 1 PARCEL OR PARCELS OF LAND. MARGARET WILLIAMS WITNESS MY ORIGINAL SIGNATURE AND SEAL. BK.250, PG. 74 / BLADEN FARM PROPERTIES, INC. Ss~, - ~ RLS L-3732 ~o. ~ a BK.227, PG.557 s, ~°F ~i~ y9 e~ ~E~E¢ENiE S~tC ; ~ CERTIFICATE OF NOTARY: r- ! STATE OF NORTH CAROUNA DUPLIN COUNTY I, A NOTARY PUBLIC OF DUPLIN COUNTY, NC, DO HEREBY CERTIFY THAT STEPHEN G. WALL, REGSTERED LAND \ SURVEYOR, PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE DUE EXFCU11ON OF THE FOREGOING CERTIFI TE, WI SS HAD ND OFFICIAL SEAL, 1HIS THE AY 6, MY C MISSION EXPI E ~ Q ~ \ s~ \ NOTAR PUBLIC \ ~z PK 1 PI( NAIL IN 1HE ~58511'33'E \ C/L INTERSECTION OF o 14544.05' S R. ~ 1002 AND a ~ I~Ioa~mttlA~, WEII 14544.05' ~ ~ IPS 1 t- S R N 1505 ~ I ~ I \ s !I vi 1 r~~ 3 M . 4) 7 .h 7 N ~ y '~C Nol ~tavJ To S~A6Le EC I ~ ~e~,;~a . NA SH JOHNSON, 11 & WIFE ~ ~o~~~ ll & W/FE 2~ Lo«„o~, o~ ~ ELIZABETH M. JOHNSON YP~-si CZC~ )I-/N S6J4 , / SON o~ 31 Mua~>'a4„~, wEl BK.359, PG.60 ~51 ~i~'u^1luG~ 1 se0~z e 41 r /~o Act 1~.0 a~~ss A~ Ec,QESS ErsF - rS NOTES: ~~~r IPS AXLE 1 ALL AREAS COMPUTED BY COORDINATES 2. DISTANCES SHOwN ARE HDRIZONTAL SURFACE ~ I ~ •E 0 ~ ~ 1o Act ~ILor w ~ '~hh a ° Q. ~bo C RT F A h E I IC TE OF REGISTRY: LEGEND; ~ 'D~~.u ~Lu~ STATE Of NORTH CAROLINA BLAOEN COUNTY THE FOREGOING OR ANNEXED CERTIFlCAIE OF D PK - PK NAIL o PP -POWER POLE EIR NOTARY PUBLIC IS CERTIFlED TO BE CORRECT, THIS INSTRUMENT DULY RECORDED AND VERIFIED, THIS 0 TEL PED -TELEPHONE PEDESTAL. THE _DAY OF 1996, AT O'CLOCK _M, 0 EIP -EXISTING IRON PIPE 0 EIR -EXISTING IRON ROD IN MAP BOOK, PAGE AvA H. EDWARDS, REGISTER OF DEEDS ~ AXLE -EXISTING AXLE ~ ECM -EXISTING CONCRETE MONUMENT 0 IRS -IRON ROD SET D, J. SMI H BY • IPS -IRON PIPE SET BK. 110, P~;,177 - PROPERTY LINES OF THIS SURVEY ---TIE LINES, OLD PROPERTY LINES, R/w LINES, ETC. APPROXIMATE DRAINAGE DIRECTION WALL & ASSQCIArES INC. DATE: AUGUST 20, 1996 _ TC)WNSHIP CYPRESS CREEK ~S CREEK BOUNDARY SURVEY FOR: STEPHEN G. WALL RL.S 300 0 3oa soo 111 WOLFE RUN GOAD COUNTY - BLADEN J ' BURGA W NC 28425 SCALE: 1 INCH - F S FATE - NORTH CAROLINA gROLINA WETLAND MITIGATION SITE (9i0) 259-0075 - 300 T. c~rKCSS dlmc ear ` r ~ . A~ r SITE ~ R AlMlpl IPS :R ~`~b 6 2 f . ~ NOT TO X'dil AMMON ~ 4 n'` 1~M1 yti 41 ~ VICINITY MAP G / ~ \ \ ~ / RECORDED REFERENCES: SBS'25'2e'E 2 f--.._ - IPS , ~ 4. f BK.227, PG.557 14792.05' 4 EIR \ 5 TOTAL \ \ I ~ / • r ~ ~ ~ \ e 0 TIE UNE 10 EXISTING IRON ROD ii R RA Y: CERIIFCATE OF SU VEY do ACCU C IN THE C~L INTERSECTION OF \ \ 12 N.C. HIGHWAY 242 • STATE OF NOR1M CAROLNA FENDER COUNTY ANO S.R. ~ 1002 \ 5 ~r~~' 13 ~ 14 I, •STEPHEN G. WALL, A REOISIERED LAND SURVEYgI, CERTIFY 1NAT THIS MAP WAS DRAWN FRpA AN ACTUAL 1S HELD SURVEY PERFORMED UNDER MY DMtEC11pi AND SUPERY190N USING THE RECORDED REFERENCES ABOVE: le 17 THAT THE BOUNDARIES NOT SURVEYED ARE aEARIY INDICATED AS DRAWN; THAT THE RATIO OF PRECISION IS le 1:10,000+ AND THAT iM5 MAP CONFORMS TO GS 17-JO i 10 JOHN H, WILLIAMS & WIFE AS AMENDED. THAT THE SURVEY IS DF AN ExISnNO PARCEL OR PARCELS OF LAND. 20 MARGARET' S, WILLIAIvIS VATNESS MY omGINAL SIGNATURE ANO SEAL BK.250, PG.174 zs Rls I-a~a: BLADEN FARM PROPERTIES INC. J, :J Z~ ~ ~~s, Jo. z4 BK.22 , PG. 557 , , ~ to ~ 2s 25 ~ ~ s~ o CERTIFICATE OF NOTARY: STATE of NORTH CAROLINA ouPlA1 COUNtt I 2T 27 I, A N01ARY PUBLIC OF DUPUN COUNTY, NC, DO H[REBr CERTIFY THAT STEPHEN G. WALL, REgSiERED LAND SURVEYOR, PERSONALLr APPEARED BEFORE ME THIS DAY 28 AND ACKNOWLEDGED n+E DUE ExECUTION OF THE fOREQOINC CERTIFICATE, WITNESS MY HAND AND OFFIClAI SERI, 1HIS THE _DAY OF , 1916. 29 Mr COMMISSION EKPIRES ~ \ SR \ ~ NOTARY PUBLIC ~ \ PK ,f TIE ~ ~ '-I e311'J3'E ~i ses~ „ m ~ II( NAk RI iME ~ 14so - cn NITERSECTR7N a 4.05' 11514. ; r l' 05 ~ S. R. ~ I002 ANO ~ ' S. R. 1505 - \ \ ~3'D'~ A ~ ~ ~ z \ ~ a a f ~ s; ~ t.{ 1 0 ~ ~ p ti I,. h ~ ~ ~ 41 ECM 12 I'VASH J HN 0 SON, ll & WIFE ll & WIFE 1:L11ABE1'H M. JOHNSON ~J~ 1 b' HNSON 3,. ,~K.359, PG.60 ~a f 0 IFS NOTES: ' 1. ALL AREAS COMPUTED eY COORDINATES M ~ 2. DISTANCES SMONN ARE HORItONTAI SURFACE, J. ALL LOTS ARE 1 ACREt EKCEPT LOT 45 • O.Y9 AC. t w 1s rya ? ~ a ,o.99AC:~~ CERTIFICATE OF REGISTRY: . ~ LEGEND: ~ STATE Of NOIITH CAROLINA BIADEN COUNTY THE FOREGOING OR ANNExEO CERTIFICATE OF ~ PK - PK NAIL EIR NOTARY PUBLIC IS CER TO C Ci, THIS INSTRUMENT DULY RECORDED AND VERIFIED, THIS o PP -POWER POLE Y Y LAT THE _DAr OF , ,996, AT o~aocx . M, 0 TEL PED -TELEPHONE PEDESTAL 0 EIP -EXISTING IRON PIPE IN MAP 800K PACE nON~ AVA H. EOWARDS, REgSTER OF DEEDS 0 EIR -EXISTING IRON ROD . ? AXLE -EXISTING AXLE 0 ECM -EXISTING CONCRETE MONUMENT IANCEB, OR SALES M 6r: D J S 11'H 0 IRS -IRON ROD SET BK. l 10, PG,177 ' ~ IPS -IRON PIPE SET - PROPERTY LINES OF 1HIS SURVEY ---11E LINES, OlD PROPERTY LINES, R/W LINES, ETC. APPROXIMATE DRAINAGE DIRECTION WALL & ASSOCIA TES INC. DATE: AUGUST 20 1996 - TOWNSHIP CYPRESS CREEK • R: ~S CREEK BOUNDARY SURVEY FO STEPHEN G. WALL RLS ~ D ~ ~ COUNTY - BLADEN N GOAD 111 WOLFE RU J BURGA W NC 28425 _ STATE NORTH CAROLINA AROLINA ~ WETLAND MITIGATION SITE sCALE: 1 INCH = 300 FT. 910 259-0075 . 1 CIPRESS CREEK BAr "t U d i SITE R. 7R7 1 AAINON N SR IPS O D I~7 ~ 42 N NOi iD 9CAlE I ~ M w ~RSrrtiEat ~ AMMON VICINITY MAP w ~ Z ~ Z \ / ~ \ \ / ~ ~ ~ - - S85'25'28'E pS RECORDED REFERENCES: /~-,92.E-' - - - 44.99 A C. f / EIR \ ~ BK.227, PG.557 s \ R \ \ \ < TIE uNE EXISTING IAON R00 IN THE C/l INTERSECTION OF \ \ N.C. HIGHWAY N 242 \ s~ CERTIFICATE OF SURVEY do ACCURACY: AND S.R. ~ 1002 ~ ~ STATE OF NORTH CAROLINA PENDER COUNTY ~ I, STEPHEN G. WALL, A REGISTERED LAND SURVEYOR, CERTIFY THAT THIS MAP WAS DRAWN FROM AN ACTUAL FlELD SURVEY PERFORMED UNDER MY DIRECTION AND ~ SUPERV151ON USING THE RECORDED REFERENCES ABOVE: THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INOICATEU AS DRAWN; THAT THE RATIO OF PRECISION IS 1:10,000+ ANO THAT THIS MAP CONFORMS TO GS 47-30 JOHN H, WIL IAMB & W/FE AS AMENDED. THAT THE SURVEY IS OF AN EXISiiNC 1 PARCEL OR PARCELS OF LAND. MARGARET WILLIAMS WITNESS MY ORIGINAL SIGNATURE AND SEAL. BK.250, PG. 74 / BLADEN FARM PROPERTIES, INC. Ss~, - ~ RLS L-3732 ~o. ~ a BK.227, PG.557 s, ~°F ~i~ y9 e~ ~E~E¢ENiE S~tC ; ~ CERTIFICATE OF NOTARY: r- ! STATE OF NORTH CAROUNA DUPLIN COUNTY I, A NOTARY PUBLIC OF DUPLIN COUNTY, NC, DO HEREBY CERTIFY THAT STEPHEN G. WALL, REGSTERED LAND \ SURVEYOR, PERSONALLY APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THE DUE EXFCU11ON OF THE FOREGOING CERTIFI TE, WI SS HAD ND OFFICIAL SEAL, 1HIS THE AY 6, MY C MISSION EXPI E ~ Q ~ \ s~ \ NOTAR PUBLIC \ ~z PK 1 PI( NAIL IN 1HE ~58511'33'E \ C/L INTERSECTION OF o 14544.05' S R. ~ 1002 AND a ~ I~Ioa~mttlA~, WEII 14544.05' ~ ~ IPS 1 t- S R N 1505 ~ I ~ I \ s !I vi 1 r~~ 3 M . 4) 7 .h 7 N ~ y '~C Nol ~tavJ To S~A6Le EC I ~ ~e~,;~a . NA SH JOHNSON, 11 & WIFE ~ ~o~~~ ll & W/FE 2~ Lo«„o~, o~ ~ ELIZABETH M. JOHNSON YP~-si CZC~ )I-/N S6J4 , / SON o~ 31 Mua~>'a4„~, wEl BK.359, PG.60 ~51 ~i~'u^1luG~ 1 se0~z e 41 r /~o Act 1~.0 a~~ss A~ Ec,QESS ErsF - rS NOTES: ~~~r IPS AXLE 1 ALL AREAS COMPUTED BY COORDINATES 2. DISTANCES SHOwN ARE HDRIZONTAL SURFACE ~ I ~ •E 0 ~ ~ 1o Act ~ILor w ~ '~hh a ° Q. ~bo C RT F A h E I IC TE OF REGISTRY: LEGEND; ~ 'D~~.u ~Lu~ STATE Of NORTH CAROLINA BLAOEN COUNTY THE FOREGOING OR ANNEXED CERTIFlCAIE OF D PK - PK NAIL o PP -POWER POLE EIR NOTARY PUBLIC IS CERTIFlED TO BE CORRECT, THIS INSTRUMENT DULY RECORDED AND VERIFIED, THIS 0 TEL PED -TELEPHONE PEDESTAL. THE _DAY OF 1996, AT O'CLOCK _M, 0 EIP -EXISTING IRON PIPE 0 EIR -EXISTING IRON ROD IN MAP BOOK, PAGE AvA H. EDWARDS, REGISTER OF DEEDS ~ AXLE -EXISTING AXLE ~ ECM -EXISTING CONCRETE MONUMENT 0 IRS -IRON ROD SET D, J. SMI H BY • IPS -IRON PIPE SET BK. 110, P~;,177 - PROPERTY LINES OF THIS SURVEY ---TIE LINES, OLD PROPERTY LINES, R/w LINES, ETC. APPROXIMATE DRAINAGE DIRECTION WALL & ASSQCIArES INC. DATE: AUGUST 20, 1996 _ TC)WNSHIP CYPRESS CREEK ~S CREEK BOUNDARY SURVEY FOR: STEPHEN G. WALL RL.S 300 0 3oa soo 111 WOLFE RUN GOAD COUNTY - BLADEN J ' BURGA W NC 28425 SCALE: 1 INCH - F S FATE - NORTH CAROLINA gROLINA WETLAND MITIGATION SITE (9i0) 259-0075 - 300 T. c~rKCSS dlmc ear ` r ~ . A~ r SITE ~ R AlMlpl IPS :R ~`~b 6 2 f . ~ NOT TO X'dil AMMON ~ 4 n'` 1~M1 yti 41 ~ VICINITY MAP G / ~ \ \ ~ / RECORDED REFERENCES: SBS'25'2e'E 2 f--.._ - IPS , ~ 4. f BK.227, PG.557 14792.05' 4 EIR \ 5 TOTAL \ \ I ~ / • r ~ ~ ~ \ e 0 TIE UNE 10 EXISTING IRON ROD ii R RA Y: CERIIFCATE OF SU VEY do ACCU C IN THE C~L INTERSECTION OF \ \ 12 N.C. HIGHWAY 242 • STATE OF NOR1M CAROLNA FENDER COUNTY ANO S.R. ~ 1002 \ 5 ~r~~' 13 ~ 14 I, •STEPHEN G. WALL, A REOISIERED LAND SURVEYgI, CERTIFY 1NAT THIS MAP WAS DRAWN FRpA AN ACTUAL 1S HELD SURVEY PERFORMED UNDER MY DMtEC11pi AND SUPERY190N USING THE RECORDED REFERENCES ABOVE: le 17 THAT THE BOUNDARIES NOT SURVEYED ARE aEARIY INDICATED AS DRAWN; THAT THE RATIO OF PRECISION IS le 1:10,000+ AND THAT iM5 MAP CONFORMS TO GS 17-JO i 10 JOHN H, WILLIAMS & WIFE AS AMENDED. THAT THE SURVEY IS DF AN ExISnNO PARCEL OR PARCELS OF LAND. 20 MARGARET' S, WILLIAIvIS VATNESS MY omGINAL SIGNATURE ANO SEAL BK.250, PG.174 zs Rls I-a~a: BLADEN FARM PROPERTIES INC. J, :J Z~ ~ ~~s, Jo. z4 BK.22 , PG. 557 , , ~ to ~ 2s 25 ~ ~ s~ o CERTIFICATE OF NOTARY: STATE of NORTH CAROLINA ouPlA1 COUNtt I 2T 27 I, A N01ARY PUBLIC OF DUPUN COUNTY, NC, DO H[REBr CERTIFY THAT STEPHEN G. WALL, REgSiERED LAND SURVEYOR, PERSONALLr APPEARED BEFORE ME THIS DAY 28 AND ACKNOWLEDGED n+E DUE ExECUTION OF THE fOREQOINC CERTIFICATE, WITNESS MY HAND AND OFFIClAI SERI, 1HIS THE _DAY OF , 1916. 29 Mr COMMISSION EKPIRES ~ \ SR \ ~ NOTARY PUBLIC ~ \ PK ,f TIE ~ ~ '-I e311'J3'E ~i ses~ „ m ~ II( NAk RI iME ~ 14so - cn NITERSECTR7N a 4.05' 11514. ; r l' 05 ~ S. R. ~ I002 ANO ~ ' S. R. 1505 - \ \ ~3'D'~ A ~ ~ ~ z \ ~ a a f ~ s; ~ t.{ 1 0 ~ ~ p ti I,. h ~ ~ ~ 41 ECM 12 I'VASH J HN 0 SON, ll & WIFE ll & WIFE 1:L11ABE1'H M. JOHNSON ~J~ 1 b' HNSON 3,. ,~K.359, PG.60 ~a f 0 IFS NOTES: ' 1. ALL AREAS COMPUTED eY COORDINATES M ~ 2. DISTANCES SMONN ARE HORItONTAI SURFACE, J. ALL LOTS ARE 1 ACREt EKCEPT LOT 45 • O.Y9 AC. t w 1s rya ? ~ a ,o.99AC:~~ CERTIFICATE OF REGISTRY: . ~ LEGEND: ~ STATE Of NOIITH CAROLINA BIADEN COUNTY THE FOREGOING OR ANNExEO CERTIFICATE OF ~ PK - PK NAIL EIR NOTARY PUBLIC IS CER TO C Ci, THIS INSTRUMENT DULY RECORDED AND VERIFIED, THIS o PP -POWER POLE Y Y LAT THE _DAr OF , ,996, AT o~aocx . M, 0 TEL PED -TELEPHONE PEDESTAL 0 EIP -EXISTING IRON PIPE IN MAP 800K PACE nON~ AVA H. EOWARDS, REgSTER OF DEEDS 0 EIR -EXISTING IRON ROD . ? AXLE -EXISTING AXLE 0 ECM -EXISTING CONCRETE MONUMENT IANCEB, OR SALES M 6r: D J S 11'H 0 IRS -IRON ROD SET BK. l 10, PG,177 ' ~ IPS -IRON PIPE SET - PROPERTY LINES OF 1HIS SURVEY ---11E LINES, OlD PROPERTY LINES, R/W LINES, ETC. APPROXIMATE DRAINAGE DIRECTION WALL & ASSOCIA TES INC. DATE: AUGUST 20 1996 - TOWNSHIP CYPRESS CREEK • R: ~S CREEK BOUNDARY SURVEY FO STEPHEN G. WALL RLS ~ D ~ ~ COUNTY - BLADEN N GOAD 111 WOLFE RU J BURGA W NC 28425 _ STATE NORTH CAROLINA AROLINA ~ WETLAND MITIGATION SITE sCALE: 1 INCH = 300 FT. 910 259-0075 .