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HomeMy WebLinkAbout20210755 Ver 1_Determination Request_20210122Stream Origin/Buffer Applicability Determination Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Name:* Chappels Creek Full Delivery Mitigation Site Is this a transportation project?* f Yes r No Is this request for a mitigation site?* C' Yes C No What type of request is this?* Owner Information Name on the Recorded Deed:* Responsible Party : Telephone Number: 17 Buffer r Isolated Wetland Check all that apply. David White 17 IP Stream Determination r Stream EBX, LLC a Resource Environmental Solutions entity (for LLC, Corporations, businness, agency, etc.) How would you like to received your determination?* Email Address:* mbutler@res.us Name on the Recorded Deed:* Jo Ann H. Martin Responsible Party : EBX, LLC a Resource Environmental Solutions entity (for LLC, Corporations, businness, agency, etc.) Telephone Number: How would you like to received your determination?* Email Address:* mbutler@res.us Name on the Recorded Deed:* EBX Neuse I LLC Responsible Party : EBX, LLC a Resource Environmental Solutions entity (for LLC, Corporations, businness, agency, etc.) Telephone Number: How would you like to received your determination?* 7 USPS rJ Email Email Address:* mbutler@res.us Name on the Recorded Deed:* TFF Holdings LLC Responsible Party : EBX, LLC a Resource Environmental Solutions entity (for LLC, Corporations, businness, agency, etc.) Telephone Number: How would you like to received your determination?* Email Address:* mbutler@res.us Is there an agent or consultant responsible for the request?* Attach agent authorization letter:* LOAs Only_Chappels Creek.pdf 515.76KB FCF only Agent/Consultant Information How would you like to receive your r USPS determination letter?* C' Email Name of Agent:* Company Name:* Email Address:* Project Information Matt Butler EBX, LLC a Resource Environmental Solutions Entity mbutler@res.us Has anyone form DWR done a previous site visit?* C Yes No C Other Date of Visit: Site Information Nearest Highway/Street:* US 501/ Antioch Church Road Nearest Town:* Timberlake/ Somerset, NC Nearest Named Stream:* Chappels Creek River Basin:* Neuse County: * Person Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo. Click the upload button or drag and drop files here to attach docunent Figure 2a - USGS Quadrangle - 1.91 MB ChappelsCreek.pdf Rif file type only TOPO map look up: https://viewer.nationalmap.gov/basic/ Please attach a map of the site indicating project boundaries on the NRCS Soil Survey. Click the upload button or drag and drop files here to attach docurrent Figure 4 - Soil Survey - 908.98KB ChappelsCreek.pdf Rif file type only Soil Survey Link: https://www.nres.usda.gov/wps/portal/nres/surveylist/soils/survey/state/?stateld=NC Latitude and Longitude Please provide the Latitude and Longitude for physical location for the determination that. If you have a physical address you can look up the Latitude and Longitude by typing in an address or filling out the information manually. Choose below how you would like to r Address Lookup provide this information. r Manually Latitude: Longitude: Misc attachments: 36.328390 -78.945578 Chappels Creek Request.pdf Chappels Creek_BufferViabilityFigures. pdf pdf or Ivre file types only By digitally signing below, I certify that: 191.52KB 10.06MB o I have given true, accurate, and complete information on this form; o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); o I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the "Determination Request" form." Signature Date Submitted: Initial Review RRO ID#* Version* 1/22/2021 20210755 1 Do you want to send this for review? C' Yes C No Select Reviewer:* Shelton Sulivan:eads\sosullivan Select Regional Office:* Central Office - (919) 707-9000 LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1032 Page: 136 County: Person Parcel ID Number: 0913-00-67-1985.00 Street Address: 1719 Antioch Church Rd, Timberlake, NC 27583 Property Owner (please print): David White Property Owner (please print): The undersigned, registered property owner(s) of the above property, do hereby authorize Resource Environmental Solutions, the NC Department of Environmental Quality, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). Property Owners(s) Address: 1719 Antioch Church Rd, Timberlake, NC 27583 (if different from above) Property Owner Telephone Number: 3 % /-10 • (r00a j I/We hereby certify the above inform iSnit) be true and accurate to the best of my/our knowledge. (y(.I Y✓ W Property Owner Authorized Signature) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 952 Page: 705 County: Person Parcel ID Number: 0913-02-65-8429 Street Address: Kermit Duncan Road, Flat River, NC 27583 Property Owner (please print): EBX Neuse I, LLC Property Buyer (please print): Environmental Banc & Exchange, LLC, a Maryland limited liability corporation The undersigned, Authorized Signatory and Buyer (“Property Buyer”) of the above property, pursuant to the terms of that Offer to Purchase and Contract dated September 2, 2020 by and between the Property Owner and Property Buyer, does hereby authorize Environmental Banc & Exchange, LLC, the NC Department of Environmental Quality, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). Property Owners(s) Address: P.O. Box 1475 (if different from above) Kinston, NC 28501 Property Buyer Telephone Number: _________________________________________________ I/We hereby certify the above information to be true and accurate to the best of my/our knowledge. _____________________________________________________________________ (Property Buyer Authorized Signature) (Date) 1/12/2021 LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 995 Page: 364 County: Person Parcel ID Number: 0913-02-68-0323 Street Address: Antioch Church Road, Timberlake, NC 27583 Property Owner (please print): Jo Ann H. Martin Property Buyer (please print): Environmental Banc & Exchange, LLC The undersigned, Authorized Signatory and Buyer (“Property Buyer”) of the above property, pursuant to the terms of that Offer to Purchase and Contract dated June 17, 2020 by and between the Property Owner and Property Buyer, does hereby authorize Environmental Banc & Exchange, LLC, the NC Department of Environmental Quality, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). Property Owners(s) Address: 2121 Kilkee Drive (if different from above) Myrtle Beach, SC 29579 Property Buyer Telephone Number: _________________________________________________ I/We hereby certify the above information to be true and accurate to the best of my/our knowledge. _____________________________________________________________________ (Property Buyer Authorized Signature) (Date) 1/12/2021 LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 853 Page: 759 County: Person Parcel ID Number: 0913-04-54-8152.000 Street Address: Burke Day Rd. Flat River, NC 27583 Property Owner (please print): TFF Holdings LLC Property Owner (please print): The undersigned, registered property owner(s) of the above property, do hereby authorize Resource Environmental Solutions, the NC Department of Environmental Quality, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). Property Owners(s) Address: 8251 Oxford Rd. Timberlake. NC 27583 (if different from above) Property Owner Telephone Number: 3 3b 3 6 `! ' 191 1 I/We hereby certify the above information to be true and accurate to the best of my/our knowledge. (Property Owner Authorized Signature) O r Authorized Sig nature) 0. rL a a.o (Prop ty Owner Authorized Signature) (Pr r erly Otti ner Authorized Signature) (Date) G 5-ad (Date) 4 -5-2a2D (Date) 4-s��oao (Date) 0 2,0001,000 Feet Figure 2a - USGS QuadrangleTimberlake (1982) Chappels CreekMitigation Project Person County, North Carolina Legend Proposed Easem ent ©Date: 1/7/2021 Drawn by: EJU Checked by: Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 2a - USGS Quadrangle - ChappelsCreek.mxd1 inch = 2,000 feet Chappels Creek Mitigation Project Neuse 01 DMS Full Delivery Buffer Site 1 January 2021 1 LAND OWNER INFORMATION (1a) Name(s) on Recorded Deed David White (1b) Mailing Address 1791 Antioch Church Rd, Timberlake, NC 27583-9116 (1c) Telephone Number N/A (1d) Email N/A (2a) Name(s) on Recorded Deed Jo Ann H. Martin (2b) Mailing Address 2021 Kilkee Drive, Myrtle Beach, SC 29579 (2c) Telephone Number N/A (2d) Email N/A (3a) Name(s) on Recorded Deed EBX Neuse I LLC (3b) Mailing Address P.O. Box 1475, Kinston, NC 28501 (3c) Telephone Number N/A (3d) Email ely@perrysinc.com (4a) Name(s) on Recorded Deed TFF Holdings LLC (4b) Mailing Address 8251 Oxford Road, Timberlake, NC 27583-9116 (4c) Telephone Number N/A (4d) Email tffinc1@gmail.com 2 INTRODUCTION 2.1 Project Description The Chappels Creek Mitigation Project (Project) is a full delivery project contracted by the NC Division of Mitigation Services (DMS) to deliver riparian buffer mitigation credits in the Neuse River Basin, 03020201. The Project is located in Person County, approximately four miles southeast of Somerset, NC (Figure 1). The Project consists of four parcels with 48.13 acres of conservation easement. The Project has a total drainage area of 2,591 acres made up of mainly managed agricultural land with sparse forested areas and residential development surrounding the Project boundaries. The land use within the Project area is currently comprised mostly of row crop production and sparsely scattered forest. Water quality stressors currently affecting the Project include heavily manipulated/relocated and maintained streams, active row crop production, a lack of riparian buffers, and the presence of invasive species. After field evaluations, RES has determined all stream features to be either ephemeral, intermittent, or perennial (Figure 3). Additionally, there are two in-line ponds within the Project, viable for buffer credit. Buffer restoration, enhancement, and preservation are proposed to increase water quality and ecological function and protect these stream features and ponds in perpetuity. Additionally, by mitigating the riparian buffers of this headwater stream and its tributaries, a contiguous riparian corridor will be re-established and the Project will have an even greater impact on the improved water quality, hydrology, and habitat of this stream catchment area. The Project will involve buffer restoration, of a network of tributaries/ponds that drain to Chappels Creek (JM1, JM2-A, In-Line Pond A, In-Line Pond B, JM2-B, EN1, and EN2) and Chappels Creek itself. Entering the Project from the east as a forested, palustrine stream/wetland complex, Chappels Creek flows north to south, before coming to its confluence with the North Flat River (south of the Project). JM1, a perennial, unnamed headwater tributary of Chappels Creek originates just north of the Project and flows south through a beaver pond (in-line Pond A) towards Antioch Church Road. Three tributaries (JM2-A, JM2-B, and EN1) Chappels Creek Mitigation Project Neuse 01 DMS Full Delivery Buffer Site 2 January 2021 feed into JM1 before it comes to a confluence with Chappels Creek. JM2-A is an ephemeral tributary beginning just below in-line pond B where it is fed via a six-inch metal buried pipe, flowing south before transitioning to an intermittent stream JM2-B, which continues south before meeting JM1. EN1 is a small, intermittent tributary of JM1 originating outside of the Project boundaries, in the middle portion of the project flowing west to east before coming to a confluence with JM1. EN2, a small, intermittent tributary originates just above where Chappels Creek enters the Project on the eastern side of the project and flows north to south. The final tributary feeding into Chappels Creek within the Project boundaries is TH1, a small intermittent stream originating from an offsite beaver pond to the east. Existing conditions and stream features within the Project can be found in Figure 3. 2.2 Project Location The Project is located in the township of Timberlake in Person County, NC (Figure 1). To access the Project from the town of Somerset, travel south on US 501 for about two miles before turning left onto Antioch Church Road. After traveling east for about a mile and a half the northern portion of the Project can be accessed to the right or left. To access the middle of the Project, continue traveling down Antioch Church Road before turning right on Kermit Duncan Road and then after a half mile the destination will be on the right. The latitude and longitude of the Project is 36.322°N and -78.945°W. 2.3 Service Area This Bank will provide mitigation credits to offset unavoidable impacts to buffer resources within the Neuse River Basin (8-digit USGS HUC 03020201, 14-digit HUC 03020201010010) (Figure 1). The Project’s watershed is rural, and consists of residential lots, agricultural land, and forest. The Project area, specifically, has been mostly used for row crops and is sparsely forested in areas. Historically row crops have been present since at least 1950 and land near the upper middle portion of the Project was once utilized for livestock production, however, now left as a fallow field (Figure 5). 3 EXISTING CONDITIONS 3.1 Existing Buffer Conditions Currently, portions of almost each feature (Chappels Creek, JM1, JM2-A, In-Line Pond A, In-Line Pond B, JM2-B, EN1, and EN2) lack a fully developed riparian buffer. In areas where the is no riparian buffer, fallow fields and row crop production extend to the edge of those features. In areas where there is some unhealthy riparian buffer, invasive species and sparse tree cover surround those features. TH1, however, has a fully forested riparian buffer of mature hardwoods and therefore will be protected throughout the life of the Project (Figure 3). 3.2 Vegetation and Wildlife The vegetative cover of the Project is primarily comprised of active row crop mixed with sparse piedmont alluvial forest. In the wooded areas, tree species consist of river birch (Betula nigra), shagbark hickory/other hickory species (Carya ovata/sp.), sweet gum (Liquidambar styraciflua), red maple (Acer rubrum), eastern red cedar (Juniperus virginiana), ironwood (Carpinus caroliniana), American beech (Fagus grandifolia), black walnut (Juglans nigra), white oak (Quercus alba), willow oak (Quercus phellos), winged elm (Ulmus alata), tulip poplar (Liriodendron tulipifera), persimmon (Diospyros Chappels Creek Mitigation Project Neuse 01 DMS Full Delivery Buffer Site 3 January 2021 virginiana), box elder (Acer negundo), green ash (Fraxinus pennsylvanica), and American sycamore (Platanus occidentalis). Two exotic invasive species were observed within the project, Chinese privet (Ligustrum sinense) and tree-of-heaven (Ailanthus altissima). 3.3 Constraints There are no significant constraints to the Project. The Project is not within a FEMA Zone AE or FEMA Regulatory Floodway. An overhead powerline runs through the northern portion of the Project, creating an easement break through at JM1 and Pond A. A second overhead powerline adjacent to the bottom of the northern portion of the Project runs along Antioch Church Road, outside of the easement boundaries; therefore, an easement break is not needed (Figure 3). The Project is located within five miles of one air transport facility, Raleigh Regional Airport at Person County, but will not affect the operation of this airport (Figure 1). An easement break near the confluence of JM1 and JM2-B has been included for landowner access, as well as access to the western side of the Project boundary. 3.4 Project Development Buffer mitigation efforts along the Project features and further, throughout the Neuse River Basin, will be accomplished through the planting, establishment, and protection of a hardwood forest community. The result will be a riparian habitat that functions to mitigate nutrient and sediment inputs from the surrounding land and restore and protect the natural vegetative communities that provide diverse habitat for wildlife in perpetuity. WHITF IELD FARMS PE R S O N C O U N T Y 0 10.5 Miles Figure 1 - Project Vicinity Chappels CreekMitigation Project Person County, North Carolina Legend Proposed Easement 5 Mile Aviation Zone 14-Digit HUC - 03020201010010 8-Digit HUC - 03020201 NC NHP Element Occurrence (NC NHP July 2018) `Airport ©Date: 1/5/2021 Drawn by: EJU Checked by: JRM Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 1 - Project Vicinity - ChappelsCreek.mxd1 inch = 1 miles Chappels CreekMitigation Project 36.322, -78.945 0 2,0001,000 Feet Figure 2a - USGS QuadrangleTimberlake (1982) Chappels CreekMitigation Project Person County, North Carolina Legend Proposed Easement ©Date: 1/7/2021 Drawn by: EJU Checked by: JRM Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 2a - USGS Quadrangle - ChappelsCreek.mxd1 inch = 2,000 feet 0 1,000500 Feet Figure 2b - USGS QuadrangleTimberlake (1982) Chappels CreekMitigation Project Person County, North Carolina Legend Proposed Easement ©Date: 1/7/2021 Drawn by: EJU Checked by: JRM Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 2a - USGS Quadrangle - ChappelsCreek.mxd1 inch = 1,000 feet U U U U U U U U U U U U U U U U U EN 1JM2-ATH1 EN 2JM2-BJM1 JM1Chappels Creek0 700350 Feet Figure 3 - Existing Conditions Chappels Creek Mitigation Project Person County, North Carolina Legend Proposed Easement NWI Wetlands (USFWS October 2019) Existing Stream Ephemeral Intermittent Perennial U Powerline ©Date: 1/7/2021 Drawn by: EJU Checked by: JRM Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 3 - Existing Conditions - Chappels Creek.mxd1 inch = 700 feet CroplandCropland Fallow Field CroplandCropland Pond A Pond B 0 700350 Feet Figure 4 - NRCS Soil Survey (1995) Chappels Creek Mitigation Project Person County, North Carolina Legend Proposed Easement ©Date: 1/7/2021 Drawn by: EJU Checked by: JRM Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 4 - Soil Survey - ChappelsCreek.mxd1 inch = 700 feet Map Unit Map Unit Name ChA Chewacla and Wehadkee soils, 0 to 2 percent slopes, frequently flooded GeB Georgeville loam, 2 to 6 percent slopes GeC Georgeville loam, 6 to 10 percent slopes HrB Herndon loam, 2 to 6 percent slopes HrC Herndon loam, 6 to 10 percent slopes IrB Iredell gravelly loam, 2 to 6 percent slopes LgB Lignum loam, 2 to 6 percent slopes Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 5 - Historical Imagery - Chappels Creek.mxd1950 1993 2006 Legend Proposed Easement Figure 5 - Historical Imagery Chappels CreekMitigation Project Person County, North Carolina ©Date: 1/7/2021 Drawn by: EJU Che c ked by: JRM 0 1,500750 Feet 1 inch = 1,500 feet 1983 Source: USGS EarthExplorer Source: USGS EarthExplorer Source: USGS EarthExplorer Source: USGS EarthExplorer Chappels CreekEN 1JM1JM2-AJM2-ATH1 EN 2JM2-BChappels CreekJM1 JM10 700350 Feet Figure 6 - LiDAR Chappels CreekMitigation Project Person County, North Carolina Legend Proposed Easement Stream Contour Value High : 652.219 Low : 532.217 ©Date: 1/7/2021 Drawn by: EJU Checked by: JRM Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 6 - LiDAR - Chappels Creek.mxd1 inch = 700 feet 0 700350 Feet Figure 4 - NRCS Soil Survey (1995) Chappels CreekMitigation Project Person County, N orth Carolina Legend Proposed Easem ent ©Date: 1/7/2021 Drawn by: EJU Checked by: Document Path: R:\Resgis\entgis\Projects\103271_DMS_Chappels_Creek\MXD\3_Permitting\7_Buffer Viability\Figure 4 - Soil Survey - ChappelsCreek.mxd1 inch = 700 feet Map Unit Map Unit Name ChA Chewacla and Wehadkee soils, 0 to 2 percent slopes, frequently flooded GeB Georgeville loam, 2 to 6 percent slopes GeC Georgeville loam, 6 to 10 percent slopes HrB Herndon loam, 2 to 6 percent slopes HrC Herndon loam, 6 to 10 percent slopes IrB Iredell gravelly loam, 2 to 6 percent slopes LgB Lignum loam, 2 to 6 percent slopes