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HomeMy WebLinkAbout20191403 Ver 1_Final Draft Mitigation Plan_20191015ID#* 20191403 Select Reviewer:* Katie Merritt Initial Review Completed Date 10/15/2019 Mitigation Project Submittal -10/15/2019 Version* 1 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* r Stream r Wetlands V Buffer r Nutrient Offset (Select all that apply) Project Contact Information Company/Owner:* Division of Mitigation Services Contact Name:* Jeremiah Dow Project Information Project Type: f• DMS r Mitigation Bank Project Name: Bohemian Mitigation Project County: Randolph Document Information t: Yes r No Email Address:* jeremiah.dow@ncdenr.gov Mitigation Document Type:* Mitigation Plans File Upload: Bohemian 100108_FDMP_2019-10-03.pdf 18.83MB Rease upload only one RDF of the conplete file that needs to be subrritted... Signature Print Name:* Jeremiah Dow Signature:* el / Z '0111 Final Draft Mitigation Plan Bohemian Mitigation Project DMS Project #: 100108 1 Contract #: 7863 1 RFP: 16-007703 October 2019 Randleman Lake Watershed I HUC 03030003 Randolph & Guilford Counties, North Carolina Prepared By: Resource Environmental Solutions, LLC For Environmental Banc & Exchange, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Prepared For: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 This mitigation plan has been written in conformance with the requirements of the following: • The Consolidated Buffer Mitigation Rule, 15A NCAC 02B. 0295, effective November 1, 2015 These documents govern NCDM5 operations and procedures for the delivery of compensatory mitigation. M E M O R A N D U M 302 Jefferson Street, Suite 110 TO: NCIRT and NCDMS FROM: Kasey Carrere - RES DATE: October 02, 2019 fires Raleigh, North Carolina 27605 919.209.1062 tel. 919.829.9913 fax RE: Response to Bohemian Draft Mitigation Plan Comments DMS Project ID No. 100108 Contract 97863 1. Title Page a. Add DWR Number A DWR Number has not been assigned to this project. As soon as the project number is assigned, RES will update all documents. b. The federal rule for compensatory mitigation referenced at the bottom of the page should be changed to reference the Consolidated Buffer Mitigation Rule. This has been revised. 2. Section 1.1 a. Please include the Project Attribute Table in this section as outlined in DMS's Riparian Buffer and Nutrient Offset Buffer Mitigation Plan Template (ver. 2.0). The Project Attribute Table has been added to Section 1.1 as per the DMS Riparian Buffer and Nutrient Offset Buffer Mitigation Plan Template. b. 1st paragraph: Last sentence is redundant and can be removed. This sentence has been removed. c. 6th paragraph: The first two sentences are redundant and could be removed. Please replace the word "edge" with "top of bank" in the 5th sentence. The 6th sentence discussing mitigation acreage is not necessary and could be removed. This sentence has been removed and "edge " has been replaced with "top of bank ". d. 7th paragraph: The last sentence can be removed as this information is stated elsewhere. This sentence has been removed. 3. Section 2.1 a. 1st paragraph: Please verify the buffer preservation credits are consistent with Table 4. This was a typo and has been revised. b. 2nd paragraph: The first sentence is redundant. The text at the end of the paragraph can be removed. This sentence has been removed. Table 3: Please verify the buffer preservation credits so they are consistent with Table 4. This was a typo and has been revised. 4. Section 2.2.1 a. 1st paragraph: Please remove the last sentence. This sentence has been removed. b. 2nd paragraph: Please remove the last sentence. This is stated in the previous paragraph. This sentence has been removed. 5. Section 2.2.3 a. 2nd and 3rd sentences are the same. Sentence 2 has been removed. 6. Section 3.3.1, 3.3.2, & 3.3.3 a. Please remove the last sentence in each section. These sentences have been removed. 7. Figures a. The buffer preservation credits on Figure 3 differ from Table 4. Please ensure credits are consistent throughout. This was a typo and has been revised. b. The easement boundary for tributary SQ2 is not consistent between maps. Please ensure the easement boundary consistent between all maps. The maps were reviewed and regenerated with consistent easement boundaries. 8. Appendix D a. Please include the final, signed version of the Categorical Exclusion. The final, signed version of the Categorical Exclusion has been added to Appendix D. 9. As required by contract and in Section 4.7 of RFP 16-007703, RES must submit the required Financial Assurance as part of the final mitigation plan. This must be approved prior to invoice submittal. RES understands and will provide the Financial Assurances document as a part of the Final Mitigation Plan. 10. This is also a reminder that Task 2 has not been completed and will not be complete until the Conservation Easement is recorded for this project and all required deliverables have been submitted to the DMS Project Manager and State Property Office. RES understands that Task 2 is not considered complete until the Conservation Easement has been recorded and all required deliverables have been submitted to DMS and the State Property Office. 11. DMS will not give approval of a "Final' mitigation plan until all easements are closed and provided to SPO and DMS and included in Appendix C of the mitigation plan. RES understands that the "Final" Mitigation Plan will not be approved until all conservation easements have been recorded and all required deliverables have been submitted to DMS and the State Property Office. That information will be included as apart of Appendix C. TABLE OF CONTENTS 1 MITIGATION PROJECT SUMMARY..........................................................................................1 1.1 Project Overview.......................................................................................................................... 1 1.1.1 Parcel Ownership................................................................................................................. 3 1.2 Project Location............................................................................................................................3 1.3 Existing Conditions...................................................................................................................... 4 1.3.1 Surface Water Classification................................................................................................ 4 1.3.2 Physiography and Soils........................................................................................................ 4 1.3.3 Wetlands................................................................................................................................5 1.3.4 Landscape Communities....................................................................................................... 5 1.3.5 Existing Conditions Photos.................................................................................................. 6 2 REGULATORY CONSIDERATIONS............................................................................................7 2.1 Determination of credits............................................................................................................... 7 2.2 Other regulatory considerations................................................................................................... 9 2.2.1 Environmental Screening and Documentation..................................................................... 9 2.2.2 Threatened and Endangered Species................................................................................... 9 2.2.3 Cultural Resources.............................................................................................................10 2.2.4 Federal Emergency Management Agency (FEMA)/ Hydrologic Trespass ........................10 2.2.5 Clean Water Act -Section 401/404....................................................................................10 3 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION IMPLEMENTATION PLAN..................................................................................................................11 3.1 Site Preparation...........................................................................................................................11 3.2 Materials.....................................................................................................................................11 3.3 Methods......................................................................................................................................11 3.3.1 Riparian Restoration Activities..........................................................................................12 3.3.2 Riparian Enhancement Activities.......................................................................................12 3.3.3 Riparian Preservation Activities........................................................................................12 3.4 Planting Plan...............................................................................................................................12 3.5 Easement Boundaries.................................................................................................................13 4 MONITORING PLAN.....................................................................................................................14 4.1 Monitoring Protocol and Success Criteria..................................................................................14 4.2 Adaptive Management Plan and Site Maintenance....................................................................15 5 STEWARDSHIP...............................................................................................................................16 6 REFERENCES.................................................................................................................................17 Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 ii October 2019 FIGURES Figure 1 - Service Area Figure 2 - Existing Conditions Figure 3 - Concept Design for Riparian Buffer Mitigation Figure 4 - Project Vicinity Figure 5 — USGS Quadrangle Figure 6 — Mapped Soils Figure 7 — National Wetland Inventory Figure 8 — National Flood Hazard Layer Figure 9 - Monitoring Plan APPENDICES Appendix A — NCDWR Stream Determination Letter Appendix B — NCDWR Mitigation Viability Letter Appendix C — Site Protection Instrument (s) Appendix D - Categorical Exclusion Appendix E - Correspondence Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 iii October 2019 1 MITIGATION PROJECT SUMMARY Environmental Banc & Exchange, LLC (EBX), a wholly-owned subsidiary of Resource Environmental Solutions (RES), is pleased to provide this Mitigation Plan for the Bohemian Riparian Buffer Mitigation Project (Project) as a full -delivery buffer mitigation project for the Division of Mitigation Services (DMS) (DMS 9100108). This Project is designed to provide riparian buffer mitigation credits for unavoidable impacts due to development within the Randleman Lake Watershed of the Cape Fear River Basin, United States Geological Survey (USGS) 8 -digit Hydrologic Unit Code (HUC — 03030003) (Figure 1). This Mitigation Plan is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and the Randleman Lake Water Supply Watershed Buffer Rule 15A NCAC 02B .0250. 1.1 Project Overview The conservation easement of the Bohemian Project will total approximately 22.78 acres and divided into two distinct sections (east and west) and includes seven unnamed tributaries that ultimately drain into Randleman Lake approximately 3,000 feet downstream of the Project. Land use within the western portion Project is primarily cropland and disturbed riparian forest with the presence of invasive species. Land use within the eastern portion Project is primarily actively grazed non -forested pasture and disturbed riparian forest with the presence of invasive species. Furthermore, livestock have historically had access to all stream reaches within the eastern portion of the Project. The lack of riparian buffer trees and the long-term presence of livestock in those areas has contributed to bank instability and erosional rills within some riparian zones. The goal of the Project is to restore, enhance and preserve ecological function to the existing stream and riparian buffer by establishing appropriate plant communities while minimizing temporal and land disturbing impacts. Buffer improvements and the removal of livestock will aid in filtering runoff from agricultural fields, thereby reducing nutrient and sediment loads to Project channels and the overall watershed. Restoration, enhancement and preservation of the Randleman Lake riparian buffer (as defined in 15A NCAC 02B .0250) is anticipated to result in a reduction of the water quality stressors currently affecting the Project: livestock access and a lack of riparian buffer. Immediate water quality benefits and pollutant removal within the vicinity of the Project will include the exclusion of livestock access to streams and reduction in nutrient loads from agricultural land -uses. This Project is consistent with the management strategy for maintaining and protecting riparian areas in the Randleman Lake watershed. Project attributes are summarized in Table 1. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 1 October 2019 Table 1. Project Attributes The easement is comprised of two main sections, divided by Frazier Marsh Road. There is an existing overhead powerline easement that bisects both the western and eastern portions of the Project (Figure 2). The Project section to the west of Frazier Marsh Road is comprised of four channels: MAI, MA3, MA4, and MA5. The eastern section is comprised of three channels: SQ1, SQ2, and Sa. MAI is a 3,958 linear -foot unnamed perennial tributary that is the primary feature within the western portion of the project. MAI flows directly into Randleman Lake approximately 3,000 feet downstream of the Project. There is one existing culvert and one agricultural crossing located on MAI, and one additional easement break to accommodate an overhead powerline utility. There is one crossing on MA3. Reaches MA3, MA4, and MA5 are intermittent tributaries that drain to MAI (Figure 2). MA3 is a 753 linear -foot reach that starts as a fork and is an intermittent tributary that flows from east to west across the project property and empties into MAI. There is one proposed easement break to maintain an existing culvert crossing along Reach MA3. MA4 starts as an ephemeral tributary (117 linear feet) within the Project as it runs through active row crop, then transitions to an intermittent stream (132 linear feet) as it enters a disturbed forested area before draining to MAI (Figure 2). MA5 is a 361 linear -foot intermittent tributary that also flows through active row crop then enters a disturbed riparian forest before draining to MAI. SQ1 is a 1,275 linear -foot unnamed perennial tributary that is the primary drainage feature within the eastern portion of the Project (Figure 2). The channel runs through a grazed pasture and forest before crossing a powerline utility and converging with Reach SQ2. North of the utility corridor, there is a farm path on the west side of SQ1. SQ2 is a 597 linear -foot unnamed intermittent tributary that flows into SQ1. This channel runs from the south to the north. There is one proposed easement break along SQ2 and one along SQ1, to accommodate the overheard powerline. Reach Sa originates on the property as a small Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 2 October 2019 Project Attributes Project Name Bohemian Hydrologic Unit Code 03030003010050 (14 -digit HUC) River Basin Cape Fear Geographic Location (Lat, Long) 35.914,-79.884 Site Protection Instrument (DB, PG) 007561/00517 (Guilford County) 001930/03053 (Randolph County) 002488/01584 (Randolph County) 002265/00681 (Randolph County) 001930/03053 (Randolph County) Total Credits (BMU) 578,654.885 Types of Credits Riparian Buffer Mitigation Plan Date October 2019 Initial Planting Date April 2020 Baseline Report Date June 2020 MYI Report Date December 2020 MY2 Report Date December 2021 MY3 Report Date December 2022 MY4 Report Date December 2023 MY5 Report Date December 2024 The easement is comprised of two main sections, divided by Frazier Marsh Road. There is an existing overhead powerline easement that bisects both the western and eastern portions of the Project (Figure 2). The Project section to the west of Frazier Marsh Road is comprised of four channels: MAI, MA3, MA4, and MA5. The eastern section is comprised of three channels: SQ1, SQ2, and Sa. MAI is a 3,958 linear -foot unnamed perennial tributary that is the primary feature within the western portion of the project. MAI flows directly into Randleman Lake approximately 3,000 feet downstream of the Project. There is one existing culvert and one agricultural crossing located on MAI, and one additional easement break to accommodate an overhead powerline utility. There is one crossing on MA3. Reaches MA3, MA4, and MA5 are intermittent tributaries that drain to MAI (Figure 2). MA3 is a 753 linear -foot reach that starts as a fork and is an intermittent tributary that flows from east to west across the project property and empties into MAI. There is one proposed easement break to maintain an existing culvert crossing along Reach MA3. MA4 starts as an ephemeral tributary (117 linear feet) within the Project as it runs through active row crop, then transitions to an intermittent stream (132 linear feet) as it enters a disturbed forested area before draining to MAI (Figure 2). MA5 is a 361 linear -foot intermittent tributary that also flows through active row crop then enters a disturbed riparian forest before draining to MAI. SQ1 is a 1,275 linear -foot unnamed perennial tributary that is the primary drainage feature within the eastern portion of the Project (Figure 2). The channel runs through a grazed pasture and forest before crossing a powerline utility and converging with Reach SQ2. North of the utility corridor, there is a farm path on the west side of SQ1. SQ2 is a 597 linear -foot unnamed intermittent tributary that flows into SQ1. This channel runs from the south to the north. There is one proposed easement break along SQ2 and one along SQ1, to accommodate the overheard powerline. Reach Sa originates on the property as a small Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 2 October 2019 ephemeral channel (119 linear feet) before transitioning to an intermittent tributary (61 linear feet) that drains to SQ1. The eastern portion of the Project will exclude livestock along the easement boundary. Stream calls were performed and confirmed by DWR on June 12th, 2018, and included in the Appendix A. DWR staff performed an onsite viability assessment for buffer mitigation on August 10, 2018. Correspondence regarding this assessment is provided in Appendix B and dated August 8, 2018 and August 10, 2018. Of the total 22.78 acres in the conservation easement, the Bohemian Site presents the opportunity to perforin 962,506 fV (22.10 acres) of riparian buffer mitigation by establishing a native forested and herbaceous riparian buffer plant community with a minimum width of 50 feet and a maximum of 200 feet from the top of bank of the channels. These will be derived from 10.79 acres of zero to 100 feet of Restoration, 1.02 acres of 101 to 200 feet of Restoration, 3.31 acres of zero to 100 feet of Enhancement, 6.75 acres of zero to 100 feet of Preservation, 0.22 acres of 101 to 200 feet of Preservation. This new community will be established in conjunction with the treatment of any existing exotic or undesirable plant species. Figure 3 shows the Riparian Buffer Conceptual Design and Credit Determination Map and Section 2.1 provides details of the mitigation determination on the Bohemian Project. The Project will provide significant functional uplift to the watershed and will assist DMS with achieving its mitigation goals in the Randleman Lake Watershed. The Project presents the opportunity to provide up to 578,652.085 ft' (10.79 acres) of riparian buffer mitigation credits. 1.1.1 Parcel Ownership The land required for the construction, management, and stewardship of this Project includes portions of the parcels listed in Table 2. EBX will obtain conservation easements from the current landowners. The easement deeds and survey plats will be submitted to DMS and the State Property Office (SPO) for approval and will be held by the State of North Carolina. The easement deeds will follow the DMS Full Delivery Conservation Easement Template dated May 5, 2017 and is included in Appendix C. Once recorded, the secured easements will allow EBX to proceed with the Project development and protect the mitigation assets in perpetuity. Once finalized, a copy of the land protection instrument(s) will be included in Appendix C. Table 2. Parcel and Landowner Information Landowners Pin or Tax Parcel ID Agreement Type County 7738781103 7738888563 Easement Randolph Morgan Agri Properties LLC 7738781685 7738990685 Easement Guilford Shannon T. Queen and Carla O. Queen 77481845537748089183 Easement Randolph 1.2 Project Location The Bohemian Project is within the Randleman Lake Watershed of the Cape Fear River Basin within the 8 -digit Hydrologic Unit Code (HUC) 03030003, 14 -digit HUC 03030003010050 and DWR Sub Basin Number 03-06-08. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 3 October 2019 The Project is located in both Guilford and Randolph County, approximately 5 miles east of Archdale, North Carolina (Figure 4). To access the western portion of the Project, head east from I-74 on NC Highway 62 W, turn right onto Groonetown Rd, after approximately 1.5 miles the site will be on the left. To access the eastern portion of the Project, head east from I-74 on NC Highway 62 W, turn right onto Frazier Farm Rd, after approximately a half mile, the site will be on the left. The coordinates for the western portion of the project are 35.914 °N and -79.884 °W. The coordinates for the eastern portion of the project are 35.912 °N and -79.873 °W. 1.3 Existing Conditions 1.3.1 Surface Water Classification The Project includes seven unnamed tributaries that drain into Randleman Lake downstream of the Project (Figure 3). The current State classification for Randleman Lake is Class CA* and WS -IV. Class C waters are protected for uses such as secondary recreation, fishing, wildlife, fish consumption, and aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. The * symbol identifies waters that are within a designated Critical Supply Watershed and are subject to a special management strategy specified in 15A NCAC 2B .0248. The WS -IV classification is intended to protect waters used as sources of water supply for drinking, culinary, or food processing purposes where a WS -I, II or III classification is not feasible. These waters are also protected for Class C uses. WS -IV waters are generally in moderately to highly developed watersheds or protected areas (NCDWQ 2013). 1.3.2 Physiography and Soils The Project is located in the Southern Outer Piedmont level IV ecoregion within the Piedmont level III ecoregion. With lower elevations and less relief compared to other areas of the Piedmont, the landforms of this ecoregion consist of irregular, rolling plains. The geologic composition of the region is red, clayey subsoils underlain by deep saprolite and gneiss, schist, and granite bedrock. Interspersed throughout the region are also areas of diabase, diorite, or gabbro bedrock that form alkaline soils. Natural vegetation communities consist of mixed oak (Quercus sp.) forests, while historic land use trends have promoted the establishment of loblolly (Pinus taeda) and shortleaf pine (Pinus echinata) forests. The topography of the project area is generally rolling with elevations ranging from ranging from 706 feet to 788 feet (Figure 5). The National Resources Conservation Service (MRCS) Web Soil Survey, accessed November 27, 2018, depicts five map units across the project (Figure 6, Table 3). Table 3. Project Mapped Soil Series Map Unit Map Unit Name Percent Drainage Class Hydrologic Landscape Symbol Hydric Soil Group Setting EnB Enon fine sandy loam, 2 to 0% Well Drained C Summits 6 percent slopes Wilks -Po indexter-Wynott WkE complex, 15 to 45 percent 0% Well Drained C/D Backslopes on ridges slopes WtB Wynott-Enon complex, 2-8 0% Well Drained C/D Summits percent slopes WtC Wynott-Enon complex, 8 to 0% Well Drained C/D Backslopes on ridges 15 percent slopes Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 4 October 2019 Map Unit Percent Hydrologic Landscape Symbol Map Unit Name Hydric Drainage Class Soil Group Setting Wynott-Enon complex, 2 to WvB2 8 percent slopes, 0% Well Drained C/D Summits moderately eroded 1.3.3 Wetlands The U.S. Fish & Wildlife Service (USFWS)National Wetland Inventory (NWI) depicts one wetland area within the Project (Figure 7). This NWI wetland is defined as a palustrine wetland that is temporarily flooded (PFOIA). These types of wetlands generally have surface water present for brief periods during the growing season, but the water table lies well below the ground surface for most of the season (USFWS, 2019). 1.3.4 Landscape Communities A. Existing Vegetation Communities Current land use in the vicinity of the Bohemian Project is primarily non -forested agricultural fields, non - forested and forested pasture grazed by livestock, mature forest with recent timbering, and disturbed mature riparian forest. Existing tree species within the forested areas include American sycamore (Platanus occidentalis), American elm (Ulmus americana), sweetgum (Liquidambar styraciflua), and red cedar (Juniperus virginiana). The non -forested areas consist primarily of pasture grasses and weedy herbaceous vegetation. Invasive species are present throughout the forested understory, most notably multiflora rose (Rosa multiflora), princess tree (Paulownia tomentosa), tree of heaven (Ailanthus altissima), and Chinese privet (Ligustrum sinense). B. Riparian Vegetation In general, all or portions of the riparian buffers of the project reaches do not function to their full potential. Current conditions demonstrate significant habitat degradation as a result of impacts from livestock, historic land uses, and water diversion. The long-term presence of livestock, specifically on the eastern portion of the Project, has created unstable banks and erosional rills within some riparian zones and along stream banks in which minor bank stabilization efforts will be performed. Throughout the Project there are scattered invasive vines and briars that will be treated to the extent practicable. In most cases, the riparian buffer is in poor condition with many areas having less than the minimum 50 -foot required buffer. Those areas with less than the minimum 50 -foot buffer are devoid of trees or shrubs and active cropland (western portion of the Project) and active pasture (eastern portion of the Project) on the banks of the existing channel. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 5 October 2019 1.3.5 Existing Conditions Photos Buffer condition along MAI on the left bank Looking upstream along Reach MA4 Stream condition along MAI Looking Upstream along MA5 Powerline Easement across SQI and SQ2 Looking upstream along SQ2 Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 6 October 2019 2 REGULATORY CONSIDERATIONS 2.1 Determination of credits This Project has the potential to generate approximately 484,526.585 ft2 (10.79 acres) of riparian buffer restoration credits on existing non -forested pasture, 72,168.500 ft2 (1.66 acres) of buffer enhancement credits through livestock exclusion, and 21,958.800 ft2 (0.50 acres) of buffer preservation credits. The riparian buffer restoration and preservation adjacent to the ephemeral Reaches Sa and Ma4 comprises 39,071 ft2 (0.9 acres) of the Project, which is in compliance with 15A NCAC 02B .0295 (o)(7) in that it is only 4.3 percent of the total area of buffer mitigation, which is less than 25 percent of the total area of buffer mitigation (22.10 total acres). In accordance with 15A NCAC 02B .0295 (o)(4) and (5), "the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation", only 5.04 acres out of the 6.97 total acres available for preservation credit are allowable to be used to generate mitigation credits. The total potential mitigation credits that the Bohemian Mitigation Project will generate are summarized in Table 4, Table 5, and Figure 3. Table 4. Total Riparian Mitigation Credits Mitigation Totals Used Area Square Feet Credits Restoration 514,428 484,526.585 Enhancement 144,337 72,168.500 Preservation 219,588 21,958.800 Total Riparian Buffer 878,353 578,654.885 Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 7 October 2019 Table 5. Bohemian Mitigation Project (100108) Mitigation Credits Eligible for Preservations 219,588 Min -Max Min -Max Total Initial Initial Final Final Riparian Credit Location Subject? Feature Mitigation Buffer Feature Name Area Creditable Credit Full Credit Buffer Type (x_1) Type Activity Width (ft) 219,588 10 (st) Area (st) Ratio Credit Ratio Credits P t' (x 1) (x_1) MAI, MA3, Buffer Rural Yes I / P Restoration 0-100 MA4, MAS, 433,768 433,768 1 100% 1.00000 433,768.000 SQ1,SQ2 Enhancement Buffer Rural Yes I / P via Livestock 0-100 SQ1, SQ2, Sa 144,337 144,337 2 100% 2.00000 72,168.500 Exclusion MAI, MA3, Buffer Rural Yes I / P Restoration 101-200 MA4, MAS, 43,951 43,951 1 33% 3.03030 14,503.845 SQ1, SQ2, Sa Buffer Rural No Ephemeral Restoration 0-100 Sa, MA4 36,031 36,031 1 100% 1.00000 36,031.000 Buffer Rural No Ephemeral Restoration 101-200 Sa, MA4 678 678 1 33% 3.03030 223,740 Totals 658,765 648,765 556,695.085 Eligible for Preservations 219,588 Min -Max Total Initial Final Riparian Credit Feature Mitigation Location Subject? Buffer Feature Name Area Creditable Credit Full Credit Buffer Type Type Activity Width (ft) (st) Area (st) Ratio Credit Ratio Credits (x_1) (x_1) Rural Yes I / P 0-100 MAI, MA3, 291,884 219,588 10 100% 10.00000 21,958.800 MA4, MA5 P t' reserva ion Buffer Rural Yes I / P Buffer No Ephemeral 101-200 MAI'MA3, 9,494 0 MA4, MAS, 0-100 MA4 2,363 0 Preservation Area Subtotal (sl) 219,588 Preservation as % Total Area of Buffer Mitigation 25.0% Ephemeral Reaches as % Total Area of Buffer Mitigation 4.2% 10 33% 30.30303 — 100% — Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 8 October 2019 2.2 Other regulatory considerations 2.2.1 Environmental Screening and Documentation Because DMS mitigation projects are considered to be a category of activities that do not individually or cumulatively have an impact on the human environment, they do not require preparation of an environmental assessment or environmental impact statement. To ensure that a project meets the "Categorical Exclusion" criteria, the Federal Highways Administration and DMS have developed a Categorical Exclusion (Cat -Ex) checklist. The Cat -Ex for the Project was submitted to DMS on July 31St 2019 and is included in Appendix D. The regulatory evaluation for the Cat -Ex focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, cultural resources, and the potential for hydrologic trespass. The Cat -Ex summarized impacts to natural, cultural, and historical resources and documented coordination with stakeholders and federal and state agencies. 2.2.2 Threatened and Endangered Species Section 7 of the Endangered Species Act (ESA) of 1973 requires federal agencies, in consultation with and with the assistance of the Secretary of the Interior or of Commerce, as appropriate, to ensure that actions they authorize, fund or carry out are not likely to jeopardize the continued existence of threatened or endangered species or result in the destruction or adverse modification of critical habitat for these species. The gold and bald eagles are protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. A desktop analysis and field investigation were conducted to evaluate federally protected species potentially occurring on the Project. The USFWS Information for Planning and Conservation (IPAC) online tool was consulted to determine any resources managed or regulated by the USFWS that may be affected by mitigation -related activities at the Project; the tool queries available databases of endangered species, migratory birds, wildlife refuges, and wetlands. In addition to the USFWS IPAC tool, a query of the North Carolina Natural Heritage Program (NCNHP 2018) online database of natural heritage element occurrences was also reviewed performed to identify rare species or unique habitats onsite, especially those listed in the USFWS database. According to the USFWS IPAC database review tool (USFWS 2017), Randolph and Guilford County's list of threatened and endangered species includes two Federally listed species; Schweinitz's sunflower (Helianthus schweinitzii) and the Small Whorled Pogonia (Istoria medeoloides). There is no suitable habitat for the Small Whorled Pogonia within the Project area. However, it was determined that there is potential habitat present for the Schweinitz's sunflower within the Project Area. Following the August 20t'', 2019 field evaluation for Schweinitz's sunflower, it was determined that there is suitable habitat present, however no individuals were observed. Therefore, the RES concluded that the Project is not likely to adversely affect any Schweinitz's sunflower populations. Documentation is included in Appendix E. The Fish and Wildlife Coordination Act (FWCA) of the United States was enacted to protect fish and wildlife when federal actions result in the control or modification of a natural stream or body of water. RES requested comment from the North Carolina Wildlife Resource Commission (NCWRC). The Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 9 October 2019 NCWRC responded on June 10th, 2019 and stated there are no records for any listed aquatic species in the vicinity of the Project, and that due to the lack of records from the site it does not imply nor confirm the absence of federal or state -listed species. Furthermore, the NCWRC stated that if any Greensboro burrowing crayfish are located on the Project, that the NCWRC should be notified. The NCWRC further recommended to leave any snags and/or mature trees intact and if necessary, remove the trees outside of the maternity roosting season for bats (May 15 -August 15). The NCWRC stated that it is unlikely the proposed buffer mitigation will adversely affect any federal or state -listed species. All correspondence is included in Appendix E. 2.2.3 Cultural Resources Environmental and cultural resources include historic and archeological resources located in or near the Project. A review of properties listed on the North Carolina National Register of Historic Places maintained by the North Carolina State Historic Preservation Office (NCSHPO 2018) was conducted for the Project and surrounding areas. This search did not reveal any occurrence within the project area. This search did not reveal any occurrence within the project area. The Walton-Coletrane House (RD0030), Joe Coltrane House (RD0044), Claude Coletrane House & Farm (RD0041), and Richardson-Shackleford House (RD0066) are located within 0.5 mile of the project area. No architectural structures or archeological artifacts have been observed or noted during surveys of the Project for restoration purposes. RES requested review and comment from the State Historic Preservation Office (SHPO) with respect to any archaeological and architectural resources related to the Project. All correspondence is included in Appendix E. 2.2.4 Federal Emergency Management Agency (FEMA)/ Hydrologic Trespass According to the FEMA National Flood Hazard Layer, the Project lies within four FEMA Flood Insurance Rate Map panels and is not within a mapped FEMA Regulatory Floodway or 100 -year floodplain (Figure 8) (FEMA, 2007 & 2008). Thus, no coordination with the Randolph County Floodplain Administrator will be required prior to mitigation work. Furthermore, no hydrologic trespass will be permitted to adjacent properties upstream or downstream of the Project. 2.2.5 Clean Water Act -Section 401/404 Due to the nature of this project a 401/404 permit will not be required. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 10 October 2019 3 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION IMPLEMENTATION PLAN Riparian restoration, enhancement, and preservation areas adjacent to streams are shown in Figure 3, and were approved by the DWR in the letters dated August 8, 2018 and August 10, 2018 (Appendix B) 3.1 Site Preparation Preparation at the Project will involve spraying undesired fescue grass and exotic invasive species, contoured ripping, seeding, and planting. On the eastern section of the Project, where livestock currently graze, livestock will be excluded from the entire easement area by installing a permanent fence. Stabilization and implementation of dispersal techniques will be utilized where surface flows have become concentrated. Immediately following completion of stabilization activities, disturbed areas will be stabilized to prevent erosion. If possible, topsoil will be stockpiled and re-applied to provide a favorable seed bed. To provide a rapid herbaceous cover, planting of a temporary seed mix will be required. Areas of compacted soil will be ripped and disked prior to seed mix application and tree planting. Soil amendments will be provided as needed based on the results of soil fertility tests. 3.2 Materials A combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in riparian areas during any land disturbance activities. These erosion control measures shall be inspected and properly maintained at the end of each working day to ensure measures are functioning properly until permanent vegetation is established. Disturbed areas shall be temporarily seeded within ten working days and upon completion of final grading, permanent vegetation shall be established for all disturbed areas. After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil that is removed during construction will be stockpiled and placed over the project area during final soil preparation. This process should provide favorable soil conditions for plant growth. Bare root plantings and live stakes shall be planted according to detail shown in the planting plan. 3.3 Methods All restoration, enhancement, and preservation activities will begin from the tops of the stream banks and extend a minimum of 50 feet from the stream outward to a maximum of 200 feet perpendicular to the stream channel. Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community types, so the protected buffer easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments (Section 3.4). hi areas with some canopy cover, the buffer restoration areas are determined based on whether there are less than 25 percent of the tree canopy cover and a lack of dense growth of smaller woody stems (i.e. shrubs or saplings) and enhancement areas are determined as being higher than 25 percent but lower than what is deemed appropriate for the location in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (b)(12), 15A NCAC 02B .0295 (b)(4). Restoration and enhancement areas were also determined by the mitigation determination performed during the viability assessment by DWR (Appendix B). Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 11 October 2019 3.3.1 Riparian Restoration Activities Buffer restoration activities will include planting a composition of native bare -root tree species based on reference reach data and excluding livestock from the stream and buffer area. The restoration of plant communities within the Project will not only provide stabilization and improve water quality within the easement limits, but will also provide ecological benefits to the entire watershed. 3.3.2 Riparian Enhancement Activities Enhancement will occur in forested areas within the Project, found in small patches along SQ1, SQ2, and a small portion of Sa, where grazing occurs adjacent to the stream in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o)(6) (Figure 3). All livestock will be removed from the easement and the fence will be installed to exclude access to riparian areas and their associated streams. 3.3.3 Riparian Preservation Activities Buffer preservation is proposed along Reach MAI, MA3, MA4, and MA5 are in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o)(5) (Figure 3). Mature hardwood forest is present on the right bank of MAI, on the left and right bank of MA3, on the left and right bank of the most downstream portion of MA4, and on the left and right bank of the most downstream portion of MA5. 3.4 Planting Plan All riparian restoration areas will be planted from top of bank back at least 50 -feet from the stream with bare root tree seedlings on an eight by eight -foot spacing to achieve an initial density of 680 trees per acre. Planting of the Project where riparian buffer restoration is being performed will meet the performance standards outlined in the Rule 15A NCAC 02B .0295. The vegetation data will be collected no earlier than late August of each year. This includes treating invasive species and planting at least four species of native hardwood bare root trees. Piedmont Alluvial Forest (Schafale 2012) will be the target community type and will be used for all areas within the Project. This forest system is common throughout Piedmont drainages and will provide water quality and ecological benefits. The initial planting of bare root trees will occur before spring 2020. Wherever possible, mature vegetation will be preserved and incorporated into the buffer. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). The planting plan proposed for the project is shown in Table 6. Table 6. Tree Planting List Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 12 October 2019 Bare Root Planting Tree Species Species Common Name Spacing (ft) Unit Type % of Total Species Composition Platanus occidentalis American Sycamore 9 x 6 Bare Root 20 Driodendron tulipifera Tulip Poplar 9 x 6 Bare Root 15 Betula nigra River Birch 9 x 6 Bare Root 15 Cercis canadensis Eastern Redbud 9 x 6 Bare Root 10 Quercus phellos Willow Oak 9 x 6 Bare Root 10 Quercus alba White Oak 9 x 6 Bare Root 10 Quercus nigra Water Oak 9 x 6 Bare Root 10 Quercus rubra Northern Red Oak 9 x 6 Bare Root 10 Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 12 October 2019 3.5 Easement Boundaries Easement boundaries will be identified in the field to ensure clear distinction between the Project and adjacent properties. Boundaries may be identified by marker, bollard, post, tree -blazing, or other means as allowed by Project conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation project and will include the name of the long-term steward and a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be fenced where needed to ensure livestock are excluded as required by 15A NCAC 02B .0295 (0)(6) (Figure 3). The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 13 October 2019 4 MONITORING PLAN 4.1 Monitoring Protocol and Success Criteria Annual vegetation monitoring and visual assessments will be conducted. Riparian buffer vegetation monitoring will be based on the "Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2". Monitoring plots will be installed a minimum of 100 meters squared in size and will cover at least two percent of the planted mitigation area. These plots will be randomly placed throughout the planted riparian buffer mitigation area (11.81 acres) and will be representative of the riparian buffer restoration and enhancement areas where applicable (i.e. when enhancement credit is being generated from supplemental planting under 15A NCAC 02B .0295 (n)). The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape. There will be ten (10) fixed vegetation monitoring plots (Figure 9). Photos will be taken at all vegetation plot origins each monitoring year and be provided in the annual reports. Visual inspections and photos will be taken to ensure that enhancement areas are being maintained and compliant. The measures of vegetative success for the Project will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Native volunteer species may be included to meet the performance standards as determined by NC Division of Water Resources (DWR). A visual assessment of the conservation easement will also be performed each year to confirm: • Fencing is in good condition throughout the site (if applicable); • No livestock access within the conservation easement area; • No encroachment has occurred; • No invasive species in areas were invasive species were treated, • Diffuse flow is being maintained in the conservation easement areas; and • There has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 14 October 2019 Table 7. Summary of Project Monitoring and Maintenance Activities Component/ Monitoring Maintenance through project close-out Feature Vegetation Annual Vegetation shall be maintained to ensure the health and vigor of the targeted plant vegetation community. Routine vegetation maintenance and repair activities may include monitoring supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be treated by mechanical and/or chemical methods. Any vegetation requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Vegetation maintenance activities will be documented and reported in annual monitoring reports. Vegetation maintenance will continue through the monitoring period. Invasive and Nuisance Visual Invasive and noxious species will be monitored and treated so that none become Vegetation Assessment dominant or alter the desired community structure of the Project. Locations of invasive and nuisance vegetation will be mapped. Project Boundary Visual Project boundaries shall be identified in the field to ensure clear distinction between the Assessment mitigation project and adjacent properties. Boundaries will be marked with signs identifying the property as a mitigation project and will include the name of the long- term steward and a contact number. Boundaries may be identified by fence, marker, bollard, post, tree -blazing, or other means as allowed by Project conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as -needed basis. Easement monitoring and staking/ signage maintenance will continue in perpetuity as a stewardship activity. Road Crossing Visual Road crossings within the Project may be maintained only as allowed by conservation Assessment easement or existing easement, deed restrictions, rights of way, or corridor agreements. Crossings in easement breaks are the responsibility of the landowner to maintain. Livestock Fencing (if Visual Livestock fencing is to be placed outside the easement limits. Maintenance of fencing applicable) Assessment is the responsibility of the landowner. 4.2 Adaptive Management Plan and Site Maintenance Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the project, or a specific component of the project, fails to achieve the defined success criteria. DMS must approve all adaptive management plans prior to submittal to DWR. Remedial actions will be designed to achieve the success criteria specified in this Mitigation Plan, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by RES during the monitoring period, RES must first receive approval by DMS and then by DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Randleman Lake buffer, as defined in 15A NCAC 02B .0250, by DWR could result in Randleman Lake buffer violations and violations of the conservation easement. If necessary, RES will develop a species-specific control plan. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 15 October 2019 5 STEWARDSHIP The Project will be transferred to the NCDEQ Stewardship Program. NCDEQ Stewardship Program shall serve as the conservation easement holder and entity responsible for long term stewardship of the Project. This parry shall serve as conservation easement holder and long-term steward for the property and will conduct periodic inspection of the Project to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship Program is developing an endowment system within the no reverting, interest-bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statute GS 113A -232(d)(3). Interest gained by the endowment fund may be used for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The Stewardship Program will periodically install signage as needed to identify boundary markings as needed. Any livestock or associated fencing or permanent crossings will be the responsibility of the owner of the underlying fee to maintain. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 16 October 2019 6 REFERENCES Endangered Species Act of 1973. Public Law 93-205, 87 Stat. 884. 16 USC 1531-1543, Environmental Laboratory. (1987). U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. FEMA (Federal Emergency Management Agency). 2007. FEMA Flood Map Service Center. North Carolina Panel 7739; map number 3710773900J, revised 6/18/2017. FEMA (Federal Emergency Management Agency). 2007. FEMA Flood Map Service Center. North Carolina Panel 7749; map number 3710774900J, revised 6/18/2017. FEMA (Federal Emergency Management Agency). 2007. FEMA Flood Map Service Center. North Carolina Panel 7748; map number 3710774800J, revised 1/2/2008. FEMA (Federal Emergency Management Agency). 2007. FEMA Flood Map Service Center. North Carolina Panel 7738; map number 3710773800J, revised 1/2/2008. Fish and Wildlife Coordination Act of 1934. Public Law 85-72, 79 Stat. 216. 16 USC 661-667(d). Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-cep-protocol-v4.2-levl-2.pdf. National Historic Preservation Act of 1966 (as amended Section 106). 16 USC 470. 36 CFR 800, 23 CFR 771, 36 CFR 60, 36 CFR 63. NCDENR. 2010. 'N.C. Wetland Assessment Method User Manual Version 4.1." N.C. Wetland Functional Assessment Team. NCDWQ (North Carolina Division of Water Quality). 2013. North Carolina Water Bodies Listed by River Basin. http://portal.ncdenr.org/web/wq/Ts/csu/classifications; accessed December 2018. NCDWQ (North Carolina Division of Water Quality). 2011. A Guide to Surface Freshwater Classifications in North Carolina. Raleigh. http://portal.ncdenr.org/c/document_librar/ get _file?p_1_id=1169848&folderld=2209568&name=DLFE-35732.pdf: accessed December 2018. NCDWQ. (North Carolina Division of Water Quality). 2010. Methodology for Identification of Intermittent and Perennial Streams and Their Origins. Version 4.11. Raleigh. NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. NCNHP (North Carolina Natural Heritage Program). 2018. Natural Heritage Element Occurrences. July 2018. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 17 October 2019 NCSHPO (North Carolina State Historic Preservation Office). 2018. North Carolina Listings in the National Register of Historic Places. http://www.hpo.ncdcr.gov/NR-PDFs.pdf, accessed December 2018. Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. United States Department of Agriculture (USDA) - Natural Resources Conservation Service (MRCS). 1977. Soil Survey of Guilford County, North Carolina. United States Department of Agriculture (USDA) - Natural Resources Conservation Service (MRCS). 2006. Soil Survey of Randolph County, North Carolina. USDA-NRCS. 2014. Web Soil Survey GIS Data. hqp://websoilsurvey.sc.egov.usda.gov/App/HomePa eg htm; accessed December 2018. USFWS (United States Fish and Wildlife Service). 2015. Information, Planning, and Conservation (IPAC) Online Screening Tool. hLtps:Hecos.fws.gov/ipac/; accessed December 2018. USFWS. 2019. Wetland Classification Codes. https://www.fws.gov/wetlands/Data/Wetland-Codes.html; accessed August 2019. Bohemian Mitigation Project Buffer Mitigation Plan DMS Project #: 100108 18 October 2019 Supporting Figures Figure I - Service Area Figure 2 - Existing Conditions Figure 3 - Concept Design for Riparian Buffer Mitigation Figure 4 - Project Vicinity Figure 5 — USGS Quadrangle Figure 6 — Mapped Soils Figure 7 — National Wetland Inventory Figure 8 — National Flood Hazard Layer Figure 9 - Monitoring Plan Cape Fear River Basin - 03030003 Pisgah ndle an Gr 14 Digit HU - 03030003010050 N Figure 1 - Service Area Date: 9/16/2019 w� e MDE by. Bohemian Mitigation Project Drawn res Checked by: JRM ° 2.5 Guilford and Randolph Counties, 1 inch =5 miles Miles I i North Carolina `n' Pine Knolls w.ii ici cu 750 �alillllli Walkertown Tp1j Oak Ridge ® 6, �J _u Randlema Grays Chapel r Acres ® r as – �D Piedmont Hedrick Grove _ � 204 Kerr e; i�1 Triad ,09 _ � Silver Valley 6d z1 Q International silver Hill Bohemian Mitigation Project j1t Guthrie K Airport }asephMs04ge` at Willowbend x © 11 d9 Salem Ple art McLeansville Glbsonvil Derton Ulah Healing chdale Legend Trin homasville m m Randleman Lake Service Area Greensboro Whlisett Sedalia Union Cross Homeyto Wallburg ee O Gum Tree r - azt zOv Pleasant °T Him : nt Garden Klmesvil — E?7 (CIL' ss Climax 421 Julian Ehomasv„a Level ross azt Cape Fear River Basin - 03030003 Pisgah ndle an Gr 14 Digit HU - 03030003010050 N Figure 1 - Service Area Date: 9/16/2019 w� e MDE by. Bohemian Mitigation Project Drawn res Checked by: JRM ° 2.5 Guilford and Randolph Counties, 1 inch =5 miles Miles I i North Carolina `n' Liberty 42i �J _u Randlema Grays Chapel r Acres ® as – Staley Hedrick Grove _ � 204 Kerr e; i�1 ,09 _ � Silver Valley 6d z1 Q Greensboro silver Hill Bohemian Mitigation Project Asheb Q g d9 Farmer Ple art oil1t n Derton Ulah Healing chdale Legend Trin homasville el ross Randleman Lake Service Area Cape Fear River Basin - 03030003 Pisgah ndle an Gr 14 Digit HU - 03030003010050 N Figure 1 - Service Area Date: 9/16/2019 w� e MDE by. Bohemian Mitigation Project Drawn res Checked by: JRM ° 2.5 Guilford and Randolph Counties, 1 inch =5 miles Miles I i North Carolina I Bohemian - West U Bohemian - East fires E 0 200 400 Feet Figure 2 - Existing Conditions Farm Access Bohemian LO Mitigation Project Guilford and Randolph Counties, North Carolina Date 9/16/2019 Drawn by: MDE Checked by: JRM 1 in = 400 feet Legend 4 Proposed Easement 4 U U Powerline Stream Determination Perennial Intermittent Ephemeral Ilk .40� N ir zf 14 ..... ..... AA CIO, Am. Bohemian - West �9y AW ,10 MA3 A . tpnemerai Acreage usea: 36,709 feet squared (0.84 acres) (4.2% of the 22.10 total mitigation area ) Bohemian - East mmmj re. N N W E 17 s 0 200 400 Feet Figure 3 - Concept Design for Riparian Buffer Mitigation �. Bohemian ' Mitigation Project Guilford and Randolph Counties, North Carolina sa � Date: 9/16/2019 Drawn by: MDE Checked by: JRM 1 in = 400 feet Legend Proposed Easement - (22.78 ac) Proposed Fence Stream Top of Bank Powerline Approach Restoration, 0-100' Riparian Buffer Mitigation Restoration, 0-100' Riparian Zone Mitigation Type Existing Area Used Are a' Ratio %Full credit Mitigation Assets (Ephemeral) Restoration 469,799 ft2 469,799 ft2 1 1 100 469,799.000 ft2 ® Restoration, 101-200' : (10.79 ac) (10.79 ac) (10.79 ac) 0-100' Enhancement 144,337 ft2 144,337 ft2 2:1 100% 72,168.500 ft2 Restoration, 101-200' (3.31 ac) (3.31 ac) (1.66 ac) (Ephemeral) Preservation 294,247 ft2 219,588 ft2 10:1 100% 21,958.800 ft2 Enhancement, 0-100' (6.75 ac) (5.04 ac) (0.50 ac) Restoration 44,629 ft2 44,629 ft2 1 :1 33% 14,727.585 ft2 Preservation, 0-100' (1.02 ac) (1.02 ac) (0.34 ac) 1o1 -zoo' Preservation, 0-100' Preservation 9,494ft2 0ft2 10:1 33% 0000ft2 (Ephemeral) (0.22 ac) (0.00 ac) (0.00 ac) Total Restoration 514,428 ft' 514,428 ft' 484,526.585 fF �j Preservation, 101-200' (11.81 ac) (11.81 ac) (11.12 ac)* Total Enhancement 144,337 ft' 144,337 ft' 72,168.500 ft' (3.31 ac) (3.31 ac) (1.66 ac)* Total Preservation 303,741 ft' 219,588 ft' 21,959.800 ft' (6.97 ac) (5.04 ac) (0.50 ac)* Total Buffer Mitigation 962,506 ft' 734,019 ft' 578,654.885 ft' (22.10 ac) (16.85 ac) (10.79 ac)* Includes ratios and credit reductions According to 15A NCAC 02B .0295 (o) (4) and (5), "the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation ra u Mlllbrock Farm Q c az s A AA Stables 9 Full Range v g Systems Collections T.rfle R6 KnIrY 1rai1 i 0 17 Freedom Sales 4 1140 � F4 �. It`s• .;, �d' 1137 S7/a # Bible Truth a Q Ace mobile auto detadiny Baptist Church Y 1140 � ns7 Q Cornerstone cz Baptist Church 6z 139 Above The in Rainbow Florist v i J 62 Rout Li1�5arviCe Q rCampany Inc I �, 1976 Q Blue Ribbon Body Shop a 3T 1923 s u Lowder Steel, Inc a' Deep River Tal0 a Coltrane Maf% ��CO 1921 roll Will Q (; � �MrlRa U li.c,e:n�iQ-b 1921 48 O u� y T & L Custom Grading Hohn Dai P �C urtle's Garage Q Farm {historical) 1 9 English Farms a' P P � " Beeson's Legend t, cFa RhododendronNurse-y N v Proposed Easement �b`Ptp9 1476 . Stee,i Aj S1�Rr 14 Digit HU - 03030003010050 35.914, -79.884 ; N Figure 4 - Project Vicinity Date: 9/16/2019 w e Bohemian Mitigation Project Drawn by. MDE res s Checked by: JRM 0 1,000 2.000 Guilford and Randolph Counties, 1 inch feet Feet North Carolina k...) ii'r.1i,,..4: ' -efp,Kti ' - MVP 1 rillit /1?\ --7_,A414 lit* ; ' ---7. :14:4 , t p .,,1 '.:sttst..?.ZIk ,- -'- 1(l' .2.,.41, N----- -,,.:47 ,.(, --X., '. .-•, . .... ,/ / ; I '..._ It''''‘ --, V, 01 Ilt- . • . . . . '. fihi 7 ��I 7'/// a Vt ' AV 1 4.;b4;_.,,- .� titirvv.k 'ni � Cr1 � 11 //l1 a��l ./.4 _,.. \, _—.&___„ L.. %., : „. .,,, ...-; .. , ._ . . T.. ...,.. ....i) ---tIA 0 .,A iiel))/"---1 : -'L-'t---\'' '''''.N ) - ‘ '-r"--,-AP---.1;4146 ,c1A: A%i--)— ', *-„.Sort ,,,..----- 1P tp. , _.,, -" .:.4ifir4,1 'v.; • J Is ` N _/l di Air fi ._4 MA1 e r r ��� 272-.-icArripallac . MA5 m 1111- 111&11:47: ., .1, ,..07-"r. 41riel ,' 6 ac . 7 11411111 • • 41 /Ji - ' MA4 _ ,� 1, 11ac 's� f ,...._ :„.. . ... ._ _ t: 0H ..:, . . . _ . fil r . ,)f' f 1 f riai)5111.,, �r �, MA3ac �' 4i \ G �' �; Pleasant • : i e,r4 � \ ;,fi`�+1�3:i�.7i �l Garden pmerk ,� • .,�•'Aj)p f.I'U R J, 'r o 1 3 � �If . .4 irpiir--OP' _ Lid ,'11 ii,_High �� -'1 • . �� SQ2 ., ! Point East'; 19 ac 1 1 419`.,4...A 1 . 11)111 ,i. • . IAV• m .../ .' ' A [ ..-----4-747---.. .,arr...,'11..(1:8!,..17P11:6;0_ ,,rof , ...el :i 7111100v.r.rf/ a.' it —1' f._ _ lum Ili • .:1r.„.,. —__, psi. *4 '' - '-' ''' • - 4, Or - MP. -,71"..r—T4111,117- Afittaz-,. . . ..,,, . . . i. ill o : f ajoie -- --L -41 'irei . _ i L . t . . ___, -,....-. . .-----. . :Asi. , .-' ,;,, - 57 . , &-aulit hilPh---.,,' z„.---!---,,,} ,,:. '.c.:. :- -..---* , oiriNi • -.---e-) -. .._ • gi, i 1.ct.48Nli 1 ., /, -0.0 T v 1/- N2i -. - — ' • — • L Lecrend V`J ' ';',1., 's r + - `'\` ? � ,. . —4rrltw - -. - -. -, Proposed Easement 0 a 9 , A Drainage Area ! "+' 'h, • . . . . .• USGS Quadrangle Index / i Ae �¢ r ' N Figure 5- USGS Quadrangle Date: 9/16/2019 yiti,'.1 i.;l�LO w E Drawn by: MDE Ides y ,,„,,....�rf ...,..11 Bohemian Mitigation Project Checked by: JRM 4OW 0 1,000 2 000 Guilford and Randolph Counties, Feet North Carolina 1 inch=2,000 feet Guilford County Soil Survey (1977) & Randolph County Soil Survey (2016) 11112 .-� -1a�: .w✓ vi NRCS Web Soil Survey (2019) IrB WkE En E ;oA ref ti /VR )9,"' Is, 0 500 1,000 Feet Figure 6 - Mapped Soils Bohemian Mitigation Project RE Guilford and Randolph i� Counties, North Carolina En B2 Date: 9/16/2019 Drawn by: MDE Checked by: JRM 1 in = 1,000 feet Legend Proposed Easement Countyline Hydric (100%) Predominantly Hydric (66-99%) Predominantly Hydric (33-65%) B Predominantly Nonhydric (1-32%) Nonhydric (0%) WMINON■ P& ALM, Ti o- PUBHh- ,. L .a 4 't iiko-•• --, - --,,,,,, . , ... .. _. e � r 4 w 7s ) , ,r ...4„..., . : „..,...., ,. , . . _ ,..„.„: , ., 4, 1 - te, . .„, -: -..:::.-:,, .,-.-yt„,..1,,,,,-„--,..N,E, ,,i1,4-4,-..,„, . ,.,,..„.-tik.y.,.... Try '"1,'' x `'" u x �„ ;`� , 1 s xt"s 'k` PFO1A Gralb 1 • k:„ + d a. .py :' .6......* PFO1A I — 1. 1 • ..,....,:'..i. .,!.af 2Y L.7 . ' ,:..' -L.-, N ` If 'tr,ti R 'r .ie -i a 4. 4 e .`s 6"414k • , y gb 1• `5 day ,s" . 104*-- --.. :..;, 46 F , + 1 ' .,-, 4 '1 mow. hf#Ylq %�a PF01A A' .y� li',--'•.- --_-•-•--4,-;',...;,--:,...,-7:.t„;!.,---i- t ,,--;•":--t-,-,t-v"--,--•-,-•,':-..,.i`i::•4'..-"i-•-•:-.4,:,"•-• -,'"-4-;,] t ' `rt -rt..-4,, t h M r / k Legend x ` 4 Proposed Easement + PUBHh NWI Wetland (USFWS 10/29/2018) �. i1 ,. N Figure 7-National Wetlands Inventory Date: 9/16/2019 d*�i� �� ,AF�+i„a.;.s w e Drawn by: MDE IdeS ,,, .���,,,,..,���.�'+."���+.1 Bohemian Mitigation Project0,4 01° 0 350 700 Checked by: JRM Guilford and Randolph Counties, Feet 11 North Carolina 1 inch=700 feet r El APPENDICES Appendix A NCDWR Stream Determination Letter NORTH CAROLINA ROY COOPER frrwoYonmerrlai Qualay -00V [MICHAEL S. RECAN SecrVary LINDA CULPEPPER hrlefft Dirsnw July 24, 2018 Brad Breslow Resource Environmental Solutions 302 Jefferson St 110 Raleigh, NC 27605 Subject: On -Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC 2B .0250) Subject Property: Bohemian Mitigation Site, 2646 Banner Whitehead Rd, Sophia NC, Randolph County Dear Mr. Breslow: On June 12, 2018, at your request, Sue Homewood conducted an on-site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. Katie Merritt with the Division of Water Resources (Division) — 401 & Buffer Permitting Branch was also present during the site visit. The attached sketch depicts the channels that were reviewed during the site visit. Channels SQ1 and SQ@, shown on the attached sketch were determined to be perennial channels and subject to the Randleman Buffer Rules cited above. However, a portion of channel SQ2 was identified in the field where a channel does not exist and therefore would not be subject to the Randleman Buffer Rules. This portion is shown on the attached sketch as the "Channel Terminus" and continues through the downstream side of the utility corridor where a channel forms again. A side channel to SQ1 was determined to be intermittent at a point identified on the attached sketch. This portion of channel is subject to the Randleman Buffer Rules however the ephemeral channel above this location (start point identified) is not subject to the Randleman Buffer Rules. Channel SQ3 was determined to be intermittent at a point identified on the attached sketch. This portion of channel is subject to the Randleman Buffer Rules however the ephemeral channel above this location (to the top of the project area) is not subject to the Randleman Buffer Rules. These regulations are subject to change in the future. jgLRLE5 North Carolina Department of Environmental Quality I Division of Water Resources 450 W. Hanes Mill Rd, Winston-Salem, NC 27107 336.776-9800 Page 2 of 2 The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue. homewood@ ncdenr.gov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map RES Existing Conditions Map Cc: Shannon Queen, 1002 Bradford Ln, Archdale NC 27263 Katie Merritt, DWR (via email) DWR, Winston-Salem Regional Office NORTH CAROLINA ROY COOPER frrwoYonmerrlai Qualay -00V [MICHAEL S. RECAN SecrVary LINDA CULPEPPER hrlefft Dirsnw July 24, 2018 Brad Breslow Resource Environmental Solutions 302 Jefferson St 110 Raleigh, NC 27605 Subject: On -Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC 2B .0250) Subject Property: County Line Mitigation Site, 7074 Muddy Creek Rd, Archdale NC, Randolph County Dear Mr. Breslow: On June 12, 2018, at your request, Sue Homewood conducted an on-site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. Katie Merritt with the Division of Water Resources (Division) — 401 & Buffer Permitting Branch was also present during the site visit. The attached sketch depicts the channels that were reviewed during the site visit. Channels MA3, and a small tributary at the top of MA3, MA4 and MA5 as shown on the attached sketch were determined to be intermittent channels at the start points identified on the sketch. Channel MAI was determined to be a perennial stream throughout the project area. These channels are subject to the Randleman Buffer Rules cited above. Channel MA2 was determined to not be a stream channel and therefore it, and Pond 1, are not subject to the Randleman Buffer Rules cited above. Pond 2 was directly connected to a subject stream channel immediately below the pond and therefore Pond 2 is subject to the Randleman Buffer Rules cited above. These regulations are subject to change in the future. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. North Carolina Department of Environmental Quality I Division of Water Resources 450 W. Hanes Mill Rd, Winston-Salem, NC 27107 336.776-9800 Page 2 of 2 Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue. homewood@ ncdenr.gov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map RES Existing Conditions Map Cc: Morgan Agri Properties, 6521 Tom Ball Rd, Randleman NC 27317 Katie Merritt, DWR (via email) DWR, Winston-Salem Regional Office Appendix B NCDWR Mitigation Viability Letter ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Jeremy Schmid Resource Environmental Solutions 302 Jefferson Street, Suite 110 Raleigh, NC 27605 (via electronic mail: jschmidAres.us ) NORTH CAROLINA Environmental Quality August 10, 2018 Re: Site Viability for Buffer Mitigation & Nutrient Offset - Bohemian Site Located off Frazier Marsh Rd in Sophia, NC at 35.91234,-79.87447 Randleman Lake Watershed/HUC 03030003 Randolph County Dear Mr. Schmid, On April 16, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Resource Environmental Solutions, LLC (RES) for a site visit near the above -referenced site in the Randleman Lake Watershed of the Cape Fear River Basin. The site visit was to determine the potential for riparian buffer mitigation within a proposed Easement Boundary, which is more accurately shown in the attached map labeled "Existing Conditions Map -Post Site Visit" and initialed by Ms. Merritt on August 10, 2018. On June 12, 2018, Ms. Merritt performed a site assessment of the subject site. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 0213.0295 (effective November 1, 2015). Feature Classification 'Subject Riparian Land uses ad'acent Buffer 2Nutrient Mitigation Type Determination w/in onsite to Buffer to Feature Offset riparian areas Credit Rule 0-200' Viable Viable at 2.273 ]bs ac SQ1 Stream Yes Combination of forested & Yes3,4 N/A Non -forested areas & old path - non -forested pasture grazed by Restoration Site per 15A NCAC 02B cattle .0295 (n) See map for farm path Forested areas - Enhancement Site per 15A NCAC 02B.0295 (o)(6) if fence is installed or Preservation Site per 15A NCAC 02B.0295 (o)(5) if fence isn't installed. North Carolina Department of Environmental Quality I Division of Water Resources 5122 North Salisbury Street 11611 Mail Service Center I Raleigh. North Carolina 27699-1611 919.707.9000 Bohemian Site Resource Environmental Solutions, LLC August 10, 2018 Feature Classification ' 'Subject Riparian Land uses ad;acent 1 Buffer 2Nutrient Mitigation Type Determination w/in onsite to Buffer to Feature Credit Offset riparian areas Rule 0-200' Viable Viable at 2.273 ]bs acre Sa Ephemeral No Combination of partially Yes5 N/A Non -forested areas - Restoration Site forested & non -forested pasture per 15A NCAC 02B .0295 (n) grazed by cattle (see map) Partially Forested areas - Enhancement Site per 15A NCAC 02B .0295 (7) Sb Stream Yes Combination of forested & Yes3,4 N/A Non -forested areas - Restoration Site At DWR non -forested pasture grazed by per 15A NCAC 02B .0295 (n) flag cattle Forested areas - Enhancement Site per 15A NCAC 02B.0295 (o)(6) if fence is installed or Preservation Site per 15A NCAC 02B.0295 (o)(5) if fence isn't installed. SQ2 Stream Yes Combination of forested & Yes3,4 N/A Non -forested areas - Restoration Site non -forested pasture grazed by per 15A NCAC 02B .0295 (n) below cattle "channel Forested areas - Enhancement Site terminus" per 15A NCAC 02B.0295 (o)(6) if fence is installed or Preservation Site per 15A NCAC 02B.0295 (o)(5) if fence isn't installed. SQ3 Ephemeral No Non -forested pasture Nos N/A Does not meet all of 15A NCAC 02B upstream .0295 (o)(7) SQ3 Stream Yes Non -forested pasture Yes N/A Restoration Site per 15A NCAC 02B Downstream .0295 (n) At DWR flag Pond Not assessed N/A Non -forested pasture N/A N/A Currently not proposed as part of Site 'Subjectivity calls for the features were determined by DWR in correspondence dated July 24, 2018 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS z NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 4The area described as an Enhancement Site was assessed and determined to comply with all of ISA NCAC 02B .0295(0)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. 'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o) (7). Page 2 13 Bohemian Site Resource Environmental Solutions, LLC August 10, 2018 This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B.0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B.0295 to be eligible for riparian buffer mitigation credits. This viability assessment will expire on August 10, 2020 or upon the submittal of an As - Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Please contact Katie Merritt at (919)-707-3637 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/km Attachments: Existing Conditions Map -Post Site Visit cc: File Copy (Katie Merritt) Page 3 13 rY T. y s '• �iI.F � '_ i � .� i dt k H IzN ca Ell point: 35.912°N ,-79.8771°W, t ' Channel Terminus Ell point: "SW .m � � 35,9114°N, -79.8722°W, 35.9113°N, -79.8736°W 4 / i i t Ephemera! Origin:,ja r 35.9113°N, -79.8739°W r �" L �l �- x ,—.• F Legen �d tr.. ' �' O Stream origin Streams t Powerlines Proposed Easement . ? # Zone AE - None in Project Area +I ® Ponds Existing Conditions - Post Site Visit Data: 6/19/2018 t +" Bohemian Mitigation Sit Drawn by: ATP i 0 150 300 res ! HUC 03030003Feei Randolph County, North Carolina ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Jeremy Schmid Resource Environmental Solutions 302 Jefferson Street, Suite 110 Raleigh, NC 27605 (via electronic mail: jschmid(aS.us ) NORTH CAROLINA Environmental Quality August 8, 2018 Re: Site Viability for Buffer Mitigation & Nutrient Offset - County Line Site Located near 7074 Muddy Creek Rd, Archdale, NC Randleman Lake Watershed/HUC 03030003 Randolph County Dear Mr. Schmid, On April 16, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Resource Environmental Solutions, LLC (RES) for a site visit near the above -referenced site in the Randleman Lake Watershed of the Cape Fear River Basin. The site visit was to determine the potential for riparian buffer mitigation within a proposed Easement Boundary, which is more accurately shown in the attached map labeled "Existing Conditions Map -Post Site Visit" and initialed by Ms. Merritt on August 8, 2018. On June 12, 2018, Ms. Merritt performed a site assessment of the subject site. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B.0295 (effective November 1, 2015). Feature Classification i 1 ub' Riparian Land uses adjacent B S lett 1? i offer ZNutrient Mitigation Type DeterminationWin onsite I=Q to Feature Credi Offset riparian areas Buffer (0-200') Viable Viable at Rule 2.273 Pond 2 In-line Pond Yes Non -forested pasture around the I perimeter of the pond Yes rwRn+caao D ��LQv NOR7 C A[nvFaYnrw� N/A Proposed Easement boundary alignment (see map) does not meet mitigation expectations for ponds and will require additional measures to be implemented prior to approval for mitigation. Pond Perimeter - Restoration Site per 15A NCAC 02B.0295 i n North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 County Line Site Resource Environmental Solutions, LLC August 8, 2018 Feature Classification 'Subject Riparian Land uses adjacent Bu r 2NuLrient Mitigation TXVe Determination fin onsite to Feature Credit Offset riparian areas Buffer fU 200'1 Viable Viable at Rule 2,273 _ 1 ax Off-line pond No N/A No N/A N/A Pond 1 MA2 Wetland No N/A No N/A N/A F Stream Yes Streamside assemblage is mature Yes3 N/A Fields - Restoration Site per 15A forest w/ recent timbering; non- I NCAC 0213.0295 (n) At DWR forested ag fields along right flag bank Forested areas - Preservation Site per 15A NCAC 0213.0295 (o)(5) MA3 Stream Yes Streamside assemblage is mature Yes3 Fields - Restoration Site per 15A forest w/ recent timbering; non- NCAC 0213.0295 (n) At DWR forested ag fields along right flag bank Forested areas - Preservation Site per 15A NCAC 02B.0295 (o)(5) MAI Stream Yes Streamside assemblage is mature Yes3 N/A Fields - Restoration Site per 15A forest with full canopy adjacent NCAC 0213.0295 (n) to non -forested ag fields Forested areas - Preservation Site per 15A NCAC 0213.0295 (o)(5) MA5 Stream Yes Combination of non -forested Yes3 N/A Fields - Restoration Site per 15A fields and mature forest NCAC 0213.0295 (n) At DWR flag Forested areas - Preservation Site per 15A NCAC 02B .0295 (o)(5) MA4 Ephemeral No non -forested fields Yes5 Fields — Restoration Site per 15A upstream NCAC 02B.0295 (o)(7). MA4 Stream Yes Combination of non -forested Fields - Restoration Site per 15A fields and mature forest NCAC 02B.0295 (n) down - stream Forested areas - Preservation Site per 15A NCAC 0213.0295 (o)(5) 'Subjectivity calls for the features were determined by DWR in correspondence dated July 24, 2018 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 4The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. 5The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B,.0295 (o)(7). Page 2 1 3 County Line Site Resource Environmental Solutions, LLC August 8, 2018 This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B.0295, a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Where riparian areas adjacent to ponds are proposed for buffer mitigation credit, the entire pond must be protected with a permanent conservation easement to be viable to generate buffer mitigation credits. Otherwise, additional measures as determined by DWR will be required to be viable to generate mitigation credits. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B.0295 to be eligible for riparian buffer mitigation credits. This viability assessment will expire on August 8, 2020 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Please contact Katie Merritt at (919)-707-3637 if you have any questions regarding this correspondence. Sincerely, ,7/ Karen Higgins, Supervisor KAH/km 401 and Buffer Permitting Branch Attachments: Existing Conditions Map -Post Site Visit cc: File Copy (Katie Merritt) Page 313 ohd';2 PUBHh' ARMI ;44 1 �6 Ell point: Origin: 35.91370 N, -79.8826* W 36.9128- N, -79.8869- W AM -f-JE&4MA 9.8 a. W .7 0 Origin: 35.9140 N, -79,8829 MI Legend Mag X 0 Stream Origins Ell point: Outside Easement Streams 35.9118- N, -79.8877- W Streams Ephemeral origin: Ponds 36.9120 N, -79.8878- W Easement . . . . . . . . . . . NWI Wetlands Zone AE - None in Project Area Existing Conditions - Post Site Visit [Date: 712 412 01 8 JL , T- County Line Mitigation Site Drawn by: JRM 0 2�0 400 4-1 0 res '-A HUC 03030003 Feet Randolph/Guilford County, North Carolina 5a°� p Ell point: 35.912°N , -79.8771-W, Channel Terminus 1Ell point: 35.9114°N, -79.8722°W, 35.9113-N, -79.8736°W Ephemeral Origin: 35.9113°N, -79.8739°W 0 Legend 4 Stream origin Streams Powerlines Proposed Easement Zone AE - None in Project Area ® Ponds Appendix C Site Protection Instrument (s) STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT COUNTY SPO File Number: DMS Project Number: Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this day of , 20, by Landowner name goes here , ("Grantor"), whose mailing address is Landowner address goes here , to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State of North Carolina has established the Division of Mitigation Services (formerly known as the Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 1 of 11 protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between ( insert name and address of full delivery contract provider ) and the North Carolina Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environmental Quality Purchase and Services Contract Number WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU referenced above; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 81h day of February 2000; and WHEREAS, the Division of Mitigation Services in the Department of Environmental Quality, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 2of11 WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of if known insert name of stream, branch, river or waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Conservation Easement Area consists of the following: Tracts Number containing a total of acres as shown on the plats of survey entitled "Final Plat, Conservation Easement for North Carolina Division of Mitigation Services, Project Name: , SPO File No. , EEP Site No. , Property of ," dated , 20 by name of surveyor, PLS Number and recorded in the County, North Carolina Register of Deeds at Plat Book Pages See attached "Exhibit A", Legal Description of area of the Property hereinafter referred to as the "Conservation Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: L DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 3of11 II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of non-native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 4of11 All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. L Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 5of11 III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, receive a perpetual Right of Access to the Conservation Easement Area over the Property at reasonable times to undertake any activities on the property to restore, construct, manage, maintain, enhance, protect, and monitor the stream, wetland and any other riparian resources in the Conservation Easement Area, in accordance with restoration activities or a long-term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservations easements damages the investment and can result in reductions in natural resource value and mitigation credits which would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if such repairs are needed as a result of activities of the Grantor, his successors or assigns. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 6of11 power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. V. NHSCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 7ofII obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and General Counsel US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 8ofII VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 9ofII IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) NORTH CAROLINA COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of ,20 . Notary Public My commission expires: NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 10 of 11 Exhibit A [INSERT LEGAL DESCRIPTION] NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 11 of 11 Landowner Authorization Form Site: Property Legal Description Deed Book: 7561 page: 517 County: Guilford Parcel ID Number: 7738990685, 7738781685, 7738781103, 7738888563 Street Address: Property Owner (please print:) Morgan Agri Properties, LLC - Michael Morgan Properly Owner (please print:) Morgan Agri Properties, LLC - Melinda Morgan The undersigned, registered property owners of the above property, do hereby authorize Resource Environmental Solutions, the NC Division of Water Resources, 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 restoration 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 Owner Address: 6521 Tom Ball Road (if different from above) Randleman, NC 27317 I/NVe hereby certify the above information to be true and accurate to the best of my/our knowledge. (Property Owner Authorized Signature) Date -s- (.Property Owner Authorized Signature) Date Landowner Authorization Form Site: Property Legal Description Deed Book: 1930 Page: 3053 county: Randolph Parcel 1D Number: 7748089183 Street Address: 6828 Frazier Marsh Road, Archdale, NC 27263 Property Owner (please print:) Shannon T. Queers Property Owner (please print:) Carla 0. Queen The undersigned, registered property owners of the above property, do hereby authorize Resource Environmental Solutions, the NC Division of Water Resources, 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 restoration 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 Owner Address: 1002 Bradford Lane (if different from above) Archdale, NC 27263 I/We hereby certify the above information to be true and accurate to the best of my/our knowledge. (Property Owner Authorized Signature) Date t`2( 1 (Property Owner Authorized Signature) Date Appendix D Categorical Exclusion Appendix A Categorical Exclusion Form for Division of Mitigation Services Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. ProjectPart 1: General • • Project Name: Bohemian Count Name: Randolph and Guilford County DMS Number: 100108 Project Sponsor: Environmental Banc & Exchange, LLC, a RES Company Project Contact Name: Kasey Carrere Project Contact Address: 302 Jefferson Street, Suite 110, Raleight, NC 27605 Project Contact E-mail: kcarrere@res.us DMS Project Manager: Jeremiah Dow Project Description The Project is located in Randolph and Guilford County, approximately 5 miles east of Archdale. The Project is located in the Cape Fear River Basin within Cataloging Unit 03030003, 14 -digit HUC 03030003010050. The Project easement will total approximately 22.78 acres and is divided into two distinct sections (East and West) and includes seven unnamed tributaries that drain into Randleman Lake approximately 3,000 feet downstream of the Project. The goal of the Project is to restore, enhance and preserve ecological function to the existing stream and riparian buffer by establishing appropriate plant communities while minimizing temporal and land disturbing impacts. Buffer improvements and the removal of livestock will aid in filtering runoff from agricultural fields, thereby reducing nutrient and sediment loads to Project channels and the overall watershed. For Official Use Only Reviewed By: Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA Part 2: All Projects Regulation/Q.Regulation/Question Response Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ❑■ No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ❑■ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ❑■ N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ❑■ N/A �,_.n rehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? ❑■ Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ❑■ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ❑■ No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑■ No ❑ N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ❑■ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ❑■ N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ❑■ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ❑■ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ❑■ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery' project? ❑■ Yes ❑ No 2. Does the project require the acquisition of real estate? ❑■ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ❑■ No ❑ N/A 4. Has the owner of the property been informed: ❑■ Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Part 3: Ground-Disturbing Activities Regulation/Q.Regulation/Question Response American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory' by the Eastern Band of ❑ Yes Cherokee Indians? ❑■ No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ❑■ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ❑■ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ❑■ N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ❑■ No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ❑■ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑■ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑■ N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ❑■ No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ❑■ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑■ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑■ N/A 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ❑■ Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑■ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ❑■ No ❑ N/A 4. Is the project "likely to adversely affect" the specie and/or "likely to adversely modify' ❑ Yes Designated Critical Habitat? ❑ No ❑■ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No ❑■ N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ❑■ N/A Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ❑■ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ❑■ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ❑■ N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ❑■ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ❑■ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ❑■ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ❑■ Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ❑■ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ❑■ No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ❑■ N/A Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ❑■ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ❑■ N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ❑■ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ❑■ N/A 5. Has consultation with NOAH-Fisheries occurred? ❑ Yes ❑ No ❑■ N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ❑■ No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ❑■ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ❑■ No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ❑■ N/A Categorical Exclusion Summary Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, created a tax on the chemical and petroleum industries to clean up abandoned or uncontrolled hazardous waste sites. As a part of the ERTR and CERCLA compliance, an EDR Radius Map Report with Geocheck was ordered for the Bohemian Mitigation Site through Environmental Data Resources, Inc (EDR) on June 12th, 2019. According to the EDR report, there were no listed sites located within 1 mile of the project site. In addition to the EDR search, a visual inspection of the Bohemian site was conducted to assess the potential for the occurrence of recognized environmental conditions on the property that might not have been revealed in the EDR report. The inspection was conducted to locate and identify any obvious use, storage, or generation of hazardous materials. No hazardous storage containers or substances were observed. Overall, the EDR assessment revealed no evidence of "recognized environmental conditions" in connection with the target property. The summary of the EDR report is enclosed. National Historical Preservation Act (Section 106) The National Historical Preservation Act (NHPA) is legislation intended to preserve historical and archaeological sites in the United States of America. RES requested review and comment from the State Historic Preservation Office (SHPO) with respect to any archaeological and architectural resources related to the Bohemian Mitigation Site on June 5t'', 2019. SHPO responded on June 21St, 2019 and had no objections to the Bohemian Project. The correspondence with SHPO can be found in the enclosed documents. Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) The Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) provides important protections and assistance for those people affected by federally funded projects. The Uniform Act applies to the acquisition, rehabilitation, or demolition of real property for federally funded projects. The Bohemian Mitigation Site is a full -delivery project that includes land acquisition. Notification of fair market value of the property and the lack of condemnation authority was completed by RES. The landowner was notified of fair market value and condemnation authority was listed in the option agreement. Endangered Species Act (ESA) Section 7 of the ESA requires federal agencies, in consultation with and with the assistance of the Secretary of the Interior or of Commerce, as appropriate, to ensure that actions they authorize, fund or carry out are not likely to jeopardize the continued existence of threatened or endangered species or result in the destruction or adverse modification of critical habitat for these species. Randolph County's list of threatened and endangered species includes Schweinitz's sunflower (Helianthus schweinitzii) and the Small Whorled Pogonia (Isotria medeoloides). The Bohemian Mitigation Site does not contain any habitat for Small Whorled Pogonia. Upon completion of a survey for Schweinitz's sunflower conducted on August 20, 2019, no species were present and therefore a "no effect" determination was made. An updated letter with the results of the survey was provided to the USFWS on August 29, 2019. A copy of this letter is enclosed. The Bald and Golden Eagle Protection Act (BGPA) The Bald and Golden Eagle Protection Act (BGPA) is a federal status that protects two species of Eagle. The BGPA provides protection for the bald eagle and golden eagle by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit (16 U.S.C. 668(a) (BGPA, 1940). The Bald Eagle (Haliaeetus leucocephalus), has been identified in Randolph county; buffer mitigation practices will have a "No Effect" result on the Bald Eagle. Farmland Protection Policy Act (FPPA) The Farmland Protection Policy Act (FPPA) is intended to minimize the impact federal programs have on the unnecessary and irreversible conversion of farmland to nonagricultural uses. The Bohemian Mitigation Site includes the conversion of prime farmland. As such, Form AD -1006 has been completed and submitted to the Natural Resource Conservation Service (MRCS). The completed form and correspondence documenting the submittal is enclosed. Fish and Wildlife Coordination Act (FWCA) The Fish and Wildlife Coordination Act (FWCA) of the United States was enacted to protect fish and wildlife when federal actions result in the control or modification of a natural stream or body of water. Since the Bohemian Mitigation Site may include removal and/or replacement of existing culverts as well as stream bank stabilization, RES requested comment from the North Carolina Fish and Wildlife Resource Commission (NCWRC). The NCWRC responded on June 10', 2019 and stated there are no records for any listed aquatic species in the vicinity of the project. However, the state special concern Greensboro burrowing crayfish (Cambarus catagius) has been documented in the Randolph and Guilford county area. Therefore, RES will notify NCWRC if the Greensboro catfish is identified within the project area. All correspondence is enclosed. Migratory Bird Treaty Act (MBTA) The MBTA makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship import, or extort and migratory bird. The indirect killing of birds by destroying their nests and eggs is covered by the MBTA, so construction in nesting areas during nesting seasons can constitute at taking. RES consulted the USFWS's Information for Planning and Consultation (IPAC) tool on June 5t'`, 2019 to generate a list of migratory birds that are expected to occur at the Bohemian site. The results concluded that no migratory birds of conservation concern occur at the Site. EXHIBITS 91 F 1[ivvrr�j� "m�r� ► moi/ 1 �� 03 O m T m � �r n Joy^'SON Bohemian Site Legend y� a� • Proposed Easement Kefner-ville Randleman Lake Service Area -Salem Cape Fear River Basin - 03030003 14 Digit HU - 03030003010050 0 NC NHP Element Occurrence (July 2018) _ igh Pafrtt - NC DMS Conservation Easement mom. - Other Managed Areas (NC NHP July 2018) 7homawill Water Supply Watershed 1 5 Mile Aviation Zone Bohemian Site Gr Cr ® Airports N Date: 12/14/2018 Figure 1 -Vicinity Map w e Drawn by: JRM Bohemian Mitigation Site t s Checked by: BPB res 0 0.5 1 Randolph/Guilford County, North Carolina 1 inch = 1 mile Mile Q !11111111 - _ . a! e L I • 1 f y. O Legend r. Sir Proposed Easement o- Project Parcels Parcels '3 Parcel access Parking Spot N : Figure 2 - Parcel Access Map Date12/13/2018 w e Drawn by: JRM s Bohemian Mitigation Site Checked by: BPB 0 600 1,200 Randolph/Guilford County, North Carolina 1 inch =1,200 feet Feet fires ,M sir lI Existing culvert •''� `• ,.;,F;�. Cropland 47 i A Actively Managed PasLL --- — — - _ J a Farm access �d a "T IPI Legend .l Proposed Easement Parcels U Powerline Stream Determination _ k PerennialOf ! -- Intermittent ----• Ephemeral N Figure 3 - Existing Conditions Map Date: 1/8/2019 w e Drawn by: JRM - Bohemian Mitigation Project res 9 s Checked by. MDE o aoo 800 Guilford and Randolph Counties, Feet North Carolina 1 inch = 800 feet MA1 272 ac MA4 11 ac MA5 6 ac C Proposed Easement ..- Area �+E♦fit . 000 MA3 10 ac SA 2 ac Figure 4 - USGS Map Date: 1/8/2019 High Point East and Pleasant Garden Quadrangle (2016) Drawn by: JRM Bohemian Mitigation Project Checked by: BPB Guilford and Randolph Counties, ,,,__�� 1 inch=2,000 feet SQ2 19 ac eei,, OL 1 i A �• Proposed Easement' ~' •`'" :' "'' ' Project Parcels% i� Streams,, •..: �r U ---U Powerlines < ' Mitigation Approach Restoration (0-100') •i •. r'• " .'i VAA ®Restoration (101-200') JW { Enhancement (0-100') y` Enhancement (101 -200') Preservation (0-100') Preservation (101-200') Figure 5 - Concept Map Date: 12/14/2018 Ie Bohemian Mitigation Site Drawn by: JRM res s Checked by: BPB 0 350 700 Guilford and Randolph County, Feet North Carolina rl inch = 700 feet USDA FORM AD -1006 U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 06/05/2019 Name of Project Bohemian Buffer Mitigation Site Federal Agency Involved Federal Highway Admin FHWA Proposed Land Use Conservation Easement County and State Guilford County, NC PART II (To be completed by NRCS) Date Request ReceivedB NRCS 06/05/2019 Pe i on Cor,�pleting F Mil OrteS NRCS Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES NO [Z] E:] Acres Irrigated none Average Farm Size 94 acres Major Crop(s) CORN Farmable Land In Govt. Jurisdiction Acres: 78.8 pro 331,434 acres Amount of Farmland As Defined in FPPA Acres: 78.8 pro 331,434 acres Name of Land Evaluation System Used Guilford County, NC LESA Name of State or Local Site Assessment System N/A Date Land Evaluation Returned by NRCS June 23, 2019 by eMail PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C I Site D A. Total Acres To Be Converted Directly 7.3 B. Total Acres To Be Converted Indirectly 0 C. Total Acres In Site 7.3 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland .10 B. Total Acres Statewide Important or Local Important Farmland 6.7 C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0021 D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value 69.5 PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted Scale of 0 to 100 Points 67 PART VI (To be completed by Federal Agency) Site Assessment Criteria Maximum Criteria are ex lained in 7 CFR 658.5 b. For Corridor ro ect use form NRCS-CPA-106 Points Site A Site B Site C Site D 1. Area In Non -urban Use (15) 12 2. Perimeter In Non -urban Use (10) 10 3. Percent Of Site Being Farmed (20) 20 4. Protection Provided By State and Local Government (20) 0 5. Distance From Urban Built-up Area (15) 10 6. Distance To Urban Support Services (15) 0 7. Size Of Present Farm Unit Compared To Average (10) 10 8. Creation Of Non-farmable Farmland (10) 1 9. Availability Of Farm Support Services (5) 4 10. On -Farm Investments (20) 20 11. Effects Of Conversion On Farm Support Services (10) 0 12. Compatibility With Existing Agricultural Use (10) 0 TOTAL SITE ASSESSMENT POINTS 160 87 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 67 0 0 0 Total Site Assessment (From Part VI above or local site assessment) 160 87 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 154 0 0 0 Site Selected: Date Of Selection Was A Local Site Assessment Used? YES❑ NO ❑ Reason For Selection: Name of Federal agency representative completing this form: Date: (See Instructions on reverse side) Form AD -1006 (03-02) STEPS IN THE PROCESSING THE FARMLAND AND CONVERSION IMPACT RATING FORM Step 1 - Federal agencies (or Federally funded projects) involved in proposed projects that may convert farmland, as defined in the Farmland Protection Policy Act (FPPA) to nonagricultural uses, will initially complete Parts I and III of the form. For Corridor type projects, the Federal agency shall use form NRCS-CPA-106 in place of form AD -1006. The Land Evaluation and Site Assessment (LESA) process may also be accessed by visiting the FPPA website, hitp://fppa.nres.usda.gov/less/. Step 2 - Originator (Federal Agency) will send one original copy of the form together with appropriate scaled maps indicating location(s)of project site(s), to the Natural Resources Conservation Service (NRCS) local Field Office or USDA Service Center and retain a copy for their files. (NRCS has offices in most counties in the U.S. The USDA Office Information Locator may be found at htty:Hoffices.usda.gov/scripts/ndISAPI.dll/oip public/USA map, or the offices can usually be found in the Phone Book under U.S. Government, Department of Agriculture. A list of field offices is available from the NRCS State Conservationist and State Office in each State.) Step 3 - NRCS will, within 10 working days after receipt of the completed form, make a determination as to whether the site(s) of the proposed project contains prime, unique, statewide or local important farmland. (When a site visit or land evaluation system design is needed, NRCS will respond within 30 working days. Step 4 - For sites where farmland covered by the FPPA will be converted by the proposed project, NRCS will complete Parts II, IV and V of the form. Step 5 - NRCS will return the original copy of the form to the Federal agency involved in the project, and retain a file copy for NRCS records. Step 6 - The Federal agency involved in the proposed project will complete Parts VI and VII of the form and return the form with the final selected site to the servicing NRCS office. Step 7 - The Federal agency providing financial or technical assistance to the proposed project will make a determination as to whether the proposed conversion is consistent with the FPPA. INSTRUCTIONS FOR COMPLETING THE FARMLAND CONVERSION IMPACT RATING FORM (For Federal Agency) Part I: When completing the "County and State" questions, list all the local governments that are responsible for local land use controls where site(s) are to be evaluated. Part III: When completing item B (Total Acres To Be Converted Indirectly), include the following 1. Acres not being directly converted but that would no longer be capable of being farmed after the conversion, because the conversion would restrict access to them or other major change in the ability to use the land for agriculture. 2. Acres planned to receive services from an infrastructure project as indicated in the project justification (e.g. highways, utilities planned build out capacity) that will cause a direct conversion. Part VI: Do not complete Part VI using the standard format if a State or Local site assessment is used. With local and NRCS assistance, use the local Land Evaluation and Site Assessment (LESA). 1. Assign the maximum points for each site assessment criterion as shown in § 658.5(b) of CFR. In cases of corridor -type project such as transportation, power line and flood control, criteria #5 and #6 will not apply and will, be weighted zero, however, criterion #8 will be weighed a maximum of 25 points and criterion #11 a maximum of 25 points. 2. Federal agencies may assign relative weights among the 12 site assessment criteria other than those shown on the FPPA rule after submitting individual agency FPPA policy for review and comment to NRCS. In all cases where other weights are assigned, relative adjustments must be made to maintain the maximum total points at 160. For project sites where the total points equal or exceed 160, consider alternative actions, as appropriate, that could reduce adverse impacts (e.g. Alternative Sites, Modifications or Mitigation). Part VII: In computing the "Total Site Assessment Points" where a State or local site assessment is used and the total maximum number of points is other than 160, convert the site assessment points to a base of 160. Example: if the Site Assessment maximum is 200 points, and the alternative Site "A" is rated 180 points: Total points assigned Site A 180 X 160 = 144 points for Site A Maximum points possible = 200 For assistance in completing this form or FPPA process, contact the local NRCS Field Office or USDA Service Center. NRCS employees, consult the FPPA Manual and/or policy for additional instructions to complete the AD -1006 form. U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 06/05/2019 Name of Project Bohemian Buffer Mitigation Site Federal Agency Involved Federal Highway Admin FHWA Proposed Land Use Conservation Easement County and State Randolph County, NC PART II (To be completed by NRCS) Date Request Received B NRCS 06/05/2019 Pe i on Cor,�pleting F M11 OrteS NRCS Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES NO 0 1:1 Acres Irrigated none Average Farm Size 106 acres Major Crop(s) CORN Farmable Land In Govt. Jurisdiction Acres: 74.5 % 376,412 acres Amount of Farmland As Defined in FPPA Acres: 68.6 pro 356,923 acres Name of Land Evaluation System Used Randolph County, NC LESA Name of State or Local Site Assessment System N/A Date Land Evaluation Returned by NRCS June 23, 2019 by entail PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C Site D A. Total Acres To Be Converted Directly 15.40 B. Total Acres To Be Converted Indirectly 0 C. Total Acres In Site 15.40 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 0 B. Total Acres Statewide Important or Local Important Farmland 15.40 C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0043 D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value 70.6 PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted Scale of 0 to 100 Points 64 PART VI (To be completed by Federal Agency) Site Assessment Criteria Maximum Criteria are ex lained in 7 CFR 658.5 b. For Corridor ro ect use form NRCS-CPA-106 Points Site A Site B Site C Site D 1. Area In Non -urban Use (15) 12 2. Perimeter In Non -urban Use (10) 10 3. Percent Of Site Being Farmed (20) 20 4. Protection Provided By State and Local Government (20) 0 5. Distance From Urban Built-up Area (15) 10 6. Distance To Urban Support Services (15) 0 7. Size Of Present Farm Unit Compared To Average (10) 10 8. Creation Of Non-farmable Farmland (10) 1 9. Availability Of Farm Support Services (5) 4 10. On -Farm Investments (20) 20 11. Effects Of Conversion On Farm Support Services (10) 0 12. Compatibility With Existing Agricultural Use (10) 0 TOTAL SITE ASSESSMENT POINTS 160 87 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 64 0 0 0 Total Site Assessment (From Part VI above or local site assessment) 160 87 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 151 0 0 0 Site Selected: Date Of Selection Was A Local Site Assessment Used? YES❑ NO ❑ Reason For Selection: Name of Federal agency representative completing this form: Date: (See Instructions on reverse side) Form AD -1006 (03-02) STEPS IN THE PROCESSING THE FARMLAND AND CONVERSION IMPACT RATING FORM Step 1 - Federal agencies (or Federally funded projects) involved in proposed projects that may convert farmland, as defined in the Farmland Protection Policy Act (FPPA) to nonagricultural uses, will initially complete Parts I and III of the form. For Corridor type projects, the Federal agency shall use form NRCS-CPA-106 in place of form AD -1006. The Land Evaluation and Site Assessment (LESA) process may also be accessed by visiting the FPPA website, hitp://fppa.nres.usda.gov/less/. Step 2 - Originator (Federal Agency) will send one original copy of the form together with appropriate scaled maps indicating location(s)of project site(s), to the Natural Resources Conservation Service (NRCS) local Field Office or USDA Service Center and retain a copy for their files. (NRCS has offices in most counties in the U.S. The USDA Office Information Locator may be found at htty:Hoffices.usda.gov/scripts/ndISAPI.dll/oip public/USA map, or the offices can usually be found in the Phone Book under U.S. Government, Department of Agriculture. A list of field offices is available from the NRCS State Conservationist and State Office in each State.) Step 3 - NRCS will, within 10 working days after receipt of the completed form, make a determination as to whether the site(s) of the proposed project contains prime, unique, statewide or local important farmland. (When a site visit or land evaluation system design is needed, NRCS will respond within 30 working days. Step 4 - For sites where farmland covered by the FPPA will be converted by the proposed project, NRCS will complete Parts II, IV and V of the form. Step 5 - NRCS will return the original copy of the form to the Federal agency involved in the project, and retain a file copy for NRCS records. Step 6 - The Federal agency involved in the proposed project will complete Parts VI and VII of the form and return the form with the final selected site to the servicing NRCS office. Step 7 - The Federal agency providing financial or technical assistance to the proposed project will make a determination as to whether the proposed conversion is consistent with the FPPA. INSTRUCTIONS FOR COMPLETING THE FARMLAND CONVERSION IMPACT RATING FORM (For Federal Agency) Part I: When completing the "County and State" questions, list all the local governments that are responsible for local land use controls where site(s) are to be evaluated. Part III: When completing item B (Total Acres To Be Converted Indirectly), include the following 1. Acres not being directly converted but that would no longer be capable of being farmed after the conversion, because the conversion would restrict access to them or other major change in the ability to use the land for agriculture. 2. Acres planned to receive services from an infrastructure project as indicated in the project justification (e.g. highways, utilities planned build out capacity) that will cause a direct conversion. Part VI: Do not complete Part VI using the standard format if a State or Local site assessment is used. With local and NRCS assistance, use the local Land Evaluation and Site Assessment (LESA). 1. Assign the maximum points for each site assessment criterion as shown in § 658.5(b) of CFR. In cases of corridor -type project such as transportation, power line and flood control, criteria #5 and #6 will not apply and will, be weighted zero, however, criterion #8 will be weighed a maximum of 25 points and criterion #11 a maximum of 25 points. 2. Federal agencies may assign relative weights among the 12 site assessment criteria other than those shown on the FPPA rule after submitting individual agency FPPA policy for review and comment to NRCS. In all cases where other weights are assigned, relative adjustments must be made to maintain the maximum total points at 160. For project sites where the total points equal or exceed 160, consider alternative actions, as appropriate, that could reduce adverse impacts (e.g. Alternative Sites, Modifications or Mitigation). Part VII: In computing the "Total Site Assessment Points" where a State or local site assessment is used and the total maximum number of points is other than 160, convert the site assessment points to a base of 160. Example: if the Site Assessment maximum is 200 points, and the alternative Site "A" is rated 180 points: Total points assigned Site A 180 X 160 = 144 points for Site A Maximum points possible = 200 For assistance in completing this form or FPPA process, contact the local NRCS Field Office or USDA Service Center. NRCS employees, consult the FPPA Manual and/or policy for additional instructions to complete the AD -1006 form. EDR REPORT Bohemian 7000 State Road 1139 High Point, NC 27263 Inquiry Number: 5681529.2s June 12, 2019 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 (rEDR www.edrnet.com FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 Overview Map 2 Detail Map 3 Map Findings Summary---------------------------------------------------- 4 Map Findings 8 Orphan Summary--------------------------------------------------------- 9 Government Records Searched/Data Currency Tracking GRA GEOCHECK ADDENDUM Physical Setting Source Addendum------------------------------------------ A-1 Physical Setting Source Summary-------------------------------------------. A-2 Physical Setting SSURGO Soil Map------------------------------------------- A-5 Physical Setting Source Map A-14 Physical Setting Source Map Findings---------------------------------------- A-16 Physical Setting Source Records Searched------------------------------------. PSGRA Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5681529.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 7000 STATE ROAD 1139 HIGH POINT, NC 27263 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 35.9138510 - 35° 54' 49.86" 79.8872630 - 79° 53' 14.14" Zone 17 600401.7 3974765.0 793 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map Version Date: East Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 5945535 HIGH POINT EAST, NC 2013 5945571 PLEASANT GARDEN, NC 2013 Portions of Photo from: 20140827, 20140705 Source: USDA TC5681529.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: 7000 STATE ROAD 1139 HIGH POINT, NC 27263 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION 1 130917 - MORGANS FAR 7096 MUDDY CREEK ROA FINDS Higher 1 ft. 5681529.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL___________________________ National Priority List Proposed NPL________________ Proposed National Priority List Sites NPL LIENS -------------------- Federal Superfund Liens Federal Delisted NPL site list Delisted NPL__________________ National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY__________ Federal Facility Site Information listing SEMS_________________________ Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS -ARCHIVE -------------- Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS__________________ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG------------------- RCRA - Large Quantity Generators RCRA-SQG------------------- RCRA - Small Quantity Generators RCRA-CESQG---------------- RCRA- Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS_________________________ Land Use Control Information System US ENG CONTROLS_________ Engineering Controls Sites List TC5681529.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL__________ Sites with Institutional Controls Federal ERNS list ERNS_________________________ Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS_____________________ Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------- Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF_______________________ List of Solid Waste Facilities OLI____________________________ Old Landfill Inventory DEBRIS_______________________ Solid Waste Active Disaster Debris Sites Listing LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LUST -------------------------- Regional UST Database LAST__________________________ Leaking Aboveground Storage Tanks INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land LUST TRUST_________________ State Trust Fund Database State and tribal registered storage tank lists FEMA UST____________________ Underground Storage Tank Listing UST___________________________ Petroleum Underground Storage Tank Database AST___________________________ AST Database INDIAN UST__________________ Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL______________ No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP__________________ Voluntary Cleanup Priority Listing VCP___________________________ Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS______________ Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS----------- A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites SWRCY_______________________ Recycling Center Listing TC5681529.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY HIST LF_______________________ Solid Waste Facility Listing INDIAN ODI___________________ Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9___________ Torres Martinez Reservation Illegal Dump Site Locations ODI___________________________ Open Dump Inventory IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL_________________ Delisted National Clandestine Laboratory Register US CDL_______________________ National Clandestine Laboratory Register Local Land Records LIENS 2_______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS________________________ Hazardous Materials Information Reporting System SPILLS________________________ Spills Incident Listing IMD___________________________ Incident Management Database SPILLS 90____________________ SPILLS 90 data from FirstSearch SPILLS 80____________________ SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR_________ RCRA- Non Generators / No Longer Regulated FUDS_________________________ Formerly Used Defense Sites DOD__________________________ Department of Defense Sites SCRD DRYCLEANERS_______ State Coalition for Remediation of Drycleaners Listing US FIN ASSUR_______________ Financial Assurance Information EPA WATCH LIST____________ EPA WATCH LIST 2020 COR ACTION___________ 2020 Corrective Action Program List TSCA_________________________ Toxic Substances Control Act TRIS__________________________ Toxic Chemical Release Inventory System SSTS-------------------------- Section 7 Tracking Systems ROD__________________________ Records Of Decision RMP__________________________ Risk Management Plans RAATS________________________ RCRA Administrative Action Tracking System PRP___________________________ Potentially Responsible Parties PADS_________________________ PCB Activity Database System ICIS___________________________ Integrated Compliance Information System FTTS__________________________ FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS------------------------- Material Licensing Tracking System COAL ASH DOE______________ Steam -Electric Plant Operation Data COAL ASH EPA______________ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER________ PCB Transformer Registration Database RADINFO --------------------- Radiation Information Database HIST FTTS____________________ FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS_____________________ Incident and Accident Data CONSENT____________________ Superfund (CERCLA) Consent Decrees INDIAN RESERV_____________ Indian Reservations FUSRAP______________________ Formerly Utilized Sites Remedial Action Program UMTRA_______________________ Uranium Mill Tailings Sites LEAD SMELTERS____________ Lead Smelter Sites TC5681529.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US AIRS______________________ Aerometric Information Retrieval System Facility Subsystem US MINES____________________ Mines Master Index File ABANDONED MINES --------- Abandoned Mines ECHO ------------------------- Enforcement & Compliance History Information UXO --------------------------- Unexploded Ordnance Sites DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing FUELS PROGRAM___________ EPA Fuels Program Registered Listing AIRS__________________________ Air Quality Permit Listing ASBESTOS___________________ ASBESTOS COAL ASH____________________ Coal Ash Disposal Sites DRYCLEANERS______________ Drycleaning Sites Financial Assurance ----------- Financial Assurance Information Listing NPDES------------------------ NPDES Facility Location Listing UIC---------------------------- Underground Injection Wells Listing AOP--------------------------- Animal Operation Permits Listing PCSRP------------------------ Petroleum -Contaminated Soil Remediation Permits SEPT HAULERS______________ Permitted Septage Haulers Listing CCB___________________________ Coal Ash Structural Fills (CCB) Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants EDR Hist Auto ----------------- EDR Exclusive Historical Auto Stations EDR Hist Cleaner_____________ EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS____________________ Recovered Government Archive State Hazardous Waste Facilities List RGA LF_______________________ Recovered Government Archive Solid Waste Facilities List RGA LUST____________________ Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified in the following databases Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. TC5681529.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY 0QQ III IIQL1FAN;IL1 LTJ I :IQ L1 LVA l;IL1 III r9NNxK6]N•1.1 Other Ascertainable Records FINDS: The Facility Index System contains both facility information and "pointers" to other sources of information that contain more detail. These include: RCRIS; Permit Compliance System (PCS); Aerometric Information Retrieval System (AIRS); FATES (FIFRA [Federal Insecticide Fungicide Rodenticide Act] and TSCA Enforcement System, FTTS [FIFRA/TSCA Tracking System]; CERCLIS; DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes); Federal Underground Injection Control (FURS); Federal Reporting Data System (FRDS); Surface Impoundments (SIA); TSCA Chemicals in Commerce Information System (CICS); PADS; RCRA-J (medical waste transporters/disposers); TRIS; and TSCA. The source of this database is the U.S. EPA/NTIS. A review of the FINDS list, as provided by EDR, and dated 02/15/2019 has revealed that there is 1 FINDS site within approximately 0.001 miles of the target property. Equal/Higher Elevation Address Direction / Distance Map ID Page 130917 - MORGANS FAR 7096 MUDDY CREEK ROA 0 - 1/8 (0.000 mi.) Registry ID:: 110070340008 TC5681529.2s EXECUTIVE SUMMARY 7 EXECUTIVE SUMMARY Due to poor or inadequate address information, the following sites were not mapped. Count: 2 records. Site Name GUILFORD SPILL N.C.A.&T. STATE UNIV.-AUXILIARY BL Database(s) SHWS LUST TRUST TC5681529.2s EXECUTIVE SUMMARY 8 OVERVIEW MAP - 5681529.2S OIL IV Target Property A Sites at elevations higher than Indian Reservations BIA or equal to the target property Sites at elevations lower than Disposal Sites the target property 1 Manufactured Gas Plants National Priority List Sites Dept. Defense Sites SITE NAME: Bohemian CLIENT: Resource Environmental Solutions, LLC ADDRESS: 7000 State Road 1139 CONTACT: Grayson Sanner High Point NC 27263 INQUIRY #: 5681529.2s LAT/LONG: 35.913851 / 79.887263 DATE: June 12, 2019 1:08 pm Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rel. 2015. 0 1/4 1/2 1 Mlles Indian Reservations BIA Hazardous Substance county Boundary Disposal Sites Power transmission lines 100 -year flood zone 500 -year flood zone . National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Bohemian CLIENT: Resource Environmental Solutions, LLC ADDRESS: 7000 State Road 1139 CONTACT: Grayson Sanner High Point NC 27263 INQUIRY #: 5681529.2s LAT/LONG: 35.913851 / 79.887263 DATE: June 12, 2019 1:08 pm Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rel. 2015. DETAIL MAP - 5681529.2S SITE NAME: Bohemian CLIENT: Resource Environmental Solutions, LLC ADDRESS: 7000 State Road 1139 CONTACT: Grayson Sanner High Point NC 27263 INQUIRY #: 5681529.2s LAT/LONG: 35.913851 / 79.887263 DATE: June 12, 2019 1:08 pm Copyright �o 2019 EDR, Inc. (,) 2015 TornTom Rel. 2015. Target Property A Sites at elevations higher than Indian Reservations BIA or equal to the target property Sites at elevations lower than Disposal Sites the target property 1 Manufactured Gas Plants t Sensitive Receptors National Priority List Sites Dept. Defense Sites SITE NAME: Bohemian CLIENT: Resource Environmental Solutions, LLC ADDRESS: 7000 State Road 1139 CONTACT: Grayson Sanner High Point NC 27263 INQUIRY #: 5681529.2s LAT/LONG: 35.913851 / 79.887263 DATE: June 12, 2019 1:08 pm Copyright �o 2019 EDR, Inc. (,) 2015 TornTom Rel. 2015. 0 1/9 1/4 1/2 Mlles Indian Reservations BIA Hazardous Substance county Boundary Disposal Sites Power transmission lines 100 -year flood zone 500 -year flood zone . National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Bohemian CLIENT: Resource Environmental Solutions, LLC ADDRESS: 7000 State Road 1139 CONTACT: Grayson Sanner High Point NC 27263 INQUIRY #: 5681529.2s LAT/LONG: 35.913851 / 79.887263 DATE: June 12, 2019 1:08 pm Copyright �o 2019 EDR, Inc. (,) 2015 TornTom Rel. 2015. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS 0.001 0 NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS -ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS 0.001 0 NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 DEBRIS 0.500 0 0 0 NR NR 0 LCID 0.500 0 0 0 NR NR 0 TC5681529.2s Page 4 MAP FINDINGS SUMMARY Search 0 US BROWNFIELDS 0.500 Local Lists of Landfill /Solid Waste Disposal Sites NR Distance Target 0.500 HIST LF 0.500 INDIAN ODI 0.500 Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted State and tribal leaking storage tank lists US HIST CDL 0.001 US CDL 0.001 Local Land Records NR 0 LUST 0.500 0 0 0 NR NR 0 LAST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control/ engineering control registries INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites INDIAN VCP 0.500 0 0 0 NR NR 0 VCP 0.500 0 0 0 NR NR 0 State and tribal Brownfields sites BROWNFIELDS 0.500 0 0 0 NR NR 0 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 US BROWNFIELDS 0.500 Local Lists of Landfill /Solid Waste Disposal Sites NR SWRCY 0.500 HIST LF 0.500 INDIAN ODI 0.500 DEBRIS REGION 9 0.500 ODI 0.500 IHS OPEN DUMPS 0.500 Local Lists of Hazardous waste/ Contaminated Sites 0 US HIST CDL 0.001 US CDL 0.001 Local Land Records NR 0 LIENS 2 0.001 Records of Emergency Release Reports HMIRS 0.001 SPILLS 0.001 IMD 0.500 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 0 0 NR NR 0 TC5681529.2s Page 5 MAP FINDINGS SUMMARY TC5681529.2s Page 6 Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted SPILLS 90 0.001 0 NR NR NR NR 0 SPILLS 80 0.001 0 NR NR NR NR 0 Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR 0 FUDS 1.000 0 0 0 0 NR 0 DOD 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 US FIN ASSUR 0.001 0 NR NR NR NR 0 EPA WATCH LIST 0.001 0 NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA 0.001 0 NR NR NR NR 0 TRIS 0.001 0 NR NR NR NR 0 SSTS 0.001 0 NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP 0.001 0 NR NR NR NR 0 RAATS 0.001 0 NR NR NR NR 0 PRP 0.001 0 NR NR NR NR 0 PADS 0.001 0 NR NR NR NR 0 ICIS 0.001 0 NR NR NR NR 0 FTTS 0.001 0 NR NR NR NR 0 MLTS 0.001 0 NR NR NR NR 0 COAL ASH DOE 0.001 0 NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER 0.001 0 NR NR NR NR 0 RADINFO 0.001 0 NR NR NR NR 0 HIST FTTS 0.001 0 NR NR NR NR 0 DOT OPS 0.001 0 NR NR NR NR 0 CONSENT 1.000 0 0 0 0 NR 0 INDIAN RESERV 0.001 0 NR NR NR NR 0 FUSRAP 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 LEAD SMELTERS 0.001 0 NR NR NR NR 0 US AIRS 0.001 0 NR NR NR NR 0 US MINES 0.250 0 0 NR NR NR 0 ABANDONED MINES 0.001 0 NR NR NR NR 0 FINDS 0.001 1 NR NR NR NR 1 ECHO 0.001 0 NR NR NR NR 0 UXO 1.000 0 0 0 0 NR 0 DOCKET HWC 0.001 0 NR NR NR NR 0 FUELS PROGRAM 0.250 0 0 NR NR NR 0 AIRS 0.001 0 NR NR NR NR 0 ASBESTOS 0.001 0 NR NR NR NR 0 COAL ASH 0.500 0 0 0 NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 Financial Assurance 0.001 0 NR NR NR NR 0 NPDES 0.001 0 NR NR NR NR 0 UIC 0.001 0 NR NR NR NR 0 AOP 0.001 0 NR NR NR NR 0 PCSRP 0.500 0 0 0 NR NR 0 SEPT HAULERS 0.001 0 NR NR NR NR 0 TC5681529.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted CCB 0.500 0 0 0 NR NR 0 EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR Hist Auto 0.125 0 NR NR NR NR 0 EDR Hist Cleaner 0.125 0 NR NR NR NR 0 4Q:4111NxK6114N4exclell4N01LVA l401rwill Kd:IDI*� Exclusive Recovered Govt. Archives RGA HWS 0.001 0 NR NR NR NR 0 RGA LF 0.001 0 NR NR NR NR 0 RGA LUST 0.001 0 NR NR NR NR 0 Totals -- 0 1 0 0 0 0 1 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC5681529.2s Page 7 Map ID MAP FINDINGS Direction Distance Elevation Site 1 130917 - MORGANS FARM, INC. 7096 MUDDY CREEK ROAD < 1/8 HIGH POINT, NC 27263 1 ft. FINDS: Relative: Higher Registry ID: 110070340008 Actual: 826 ft. Environmental Interest/Information System OSHA ESTABLISHMENT Clock this hgparW k while viewing on your computer to access additional FINDS: detail in the EDR Site Report. EDR ID Number Database(s) EPA ID Number FINDS 1024421180 N/A TC5681529.2s Page 8 Count: 2 records. City EDR ID Site Name ORPHAN SUMMARY Site Address GREENSBORO S106967268 N.C.A.&T. STATE UNIV.-AUXILIARY BL FLORIDA AND LEE STATE GREENSBORO S104919007 GUILFORD SPILL GROOMETOWN ROAD TC5681529.2s Page 9 Zip Database(s) LUST TRUST SHWS CORRESPONDENCE fires June 20, 2019 Michael and Malinda Morgan Morgan Agri Properties, LLC 6521 Ton Mall Road Randleman, NC 27317 Re: Bohemian Mitigation Project Dear Mr. and Mrs. Morgan, As part of the environmental documentation process in preparation for the stream mitigation project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act requires that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by Environmental Banc & Exchange, LLC for the North Carolina Division of Mitigation Services (NCDMS). Neither EBX nor NCDMS have the authority to acquire the property by eminent domain. In addition, EBX believes that the agreed purchase price for the conservation easement area represents the fair market value. This letter is for your information, and you do not need to respond. As always, please feel free to call me at 919-302-2324 with any questions. Sincerely, Kenton Beal Land Representative 412 N. 4th St. #300 1200 Camellia Blvd. #220 1434 Odenton Rd. 10055 Red Run Blvd. #130 302 Jefferson St. #110 33 Te—inal Way #431 Baton Rouge, LA 70802 Lafayette, LA 70508 Odenton, MD 21113 Owings Mills, MD 21117 Raleigh, NC 27605 Pittsburgh, PA 15219 701 E. Bay St. #306 5020 Montrose Blvd. #650 2750 Prosperity Ave. #220 1521 W. Main 2ntl Floor 3751 Westerre Pkwy. #A 5367 Telephone Rd. 1371/2 East Main St. #210 Charleston, SC 29403 Houston, TX 77006 Fairfax, VA 22031 Richmond, VA 23233 Richmond, VA 23220 Warrenton, VA 20187 Oak Hill, WV 25901 fires July 10, 2019 Shannon and Carla Queen 1002 Bradford Lane Archdale, NC 27263 Re: Bohemian Mitigation Project Dear Mr. and Mrs. Queen, As part of the environmental documentation process in preparation for the stream mitigation project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act requires that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by Environmental Banc & Exchange, LLC for the North Carolina Division of Mitigation Services (NCDMS). Neither EBX nor NCDMS have the authority to acquire the property by eminent domain. In addition, EBX believes that the agreed purchase price for the conservation easement area represents the fair market value. This letter is for your information, and you do not need to respond. As always, please feel free to call me at 919-302-2324 with any questions. Sincerely, Kenton Beal Land Representative 412 N. 4th St. #300 1200 Camellia Blvd. #220 1434 Odenton Rd. 10055 Red Run Blvd. #130 302 Jefferson St. #110 33 Terminal Way #431 Baton Rouge, LA 70802 Lafayette, LA 70508 Odenton, MD 21113 Owings Mills, MD 21117 Raleigh, NC 27605 Pittsburgh, PA 15219 701 E. Bay St. #306 5020 Montrose Blvd. #650 2750 Prosperity Ave. #220 1521 W. Main 2itl Floor 3751 Waste— Pkwy. #A 5367 Telephone Rd. 1371/2 East Main St. #210 Charleston, SC 29403 Houston, TX 77006 Fairfax, VA 22031 Richmond, VA 23233 Richmond, VA 23220 Warrenton, VA 20187 Oak Hill, WV 25901 fires June 5, 2019 Mr. Vann Stancil Habitat Conservation Biologist North Carolina Wildlife Resources Commission 215 Jerusalem Church Road Kenly, NC 27542 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 Subject: Project Scoping for Bohemian Buffer Mitigation Site in Guilford and Randolph County Dear Mr. Stancil, The purpose of this letter is to request review and comment on any possible issues that might emerge with respect to fish and wildlife associated with a potential buffer restoration project on the attached site (Site maps with approximate property lines and areas of potential buffer restoration activities are enclosed). The Bohemian Site (35.545045N, 79.5317W) has been identified by Resource Environmental Solutions, LLC (RES) to provide compensatory mitigation for unavoidable buffer impacts. The proposed project involves the restoration and enhancement of approximately 22.71 acres of riparian buffers. Current buffer conditions along the streams associated with this project demonstrate significant habitat degradation as a result of impacts from agricultural land use, water diversion, and cattle intrusion. We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the address below. Please feel free to contact me at mdeangelo@res.us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Matt DeAngelo I Ecologist Attachments: Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), Aerial Map (Figure 3) Conceptual Plan Map (Figure 4) res. us fires June 5, 2019 Milton Cortes Natural Resources Conservation Service 4407 Bland Rd, Suite 117 Raleigh, NC 27609 302 Jefferson Street, Suite 110 Raleigh, NC 27605 Corporate Headquarters 6575 West Loop South, Suite 300 Bellaire, TX 77401 Main: 713.520.5400 Subject: AD -1006 Request for the Bohemian Mitigation Site in Guilford and Randolph County Dear Mr. Cortes, Resource Environmental Solutions (RES) requests review and comment from the Natural Resources Conservation Service on any possible concerns that may emerge with respect to farmland resources including prime, unique, statewide or local important farmland associated with the Bohemian Buffer Mitigation Project. This project is being developed for the North Carolina Division of Mitigation Services. Please note that this request is in support of the development of the Categorical Exclusion (CE). The Bohemian Site has been identified for the purposes of providing mitigation for unavoidable buffer impacts in the Cape Fear River Basin. RES has been awarded the contract to design and implement the Bohemian project. A requirement of the project is to prepare a CE that describes resources present on the project site. The Project is located in the Randleman watershed (Cataloging Unit 03030003, 14 -digit HUC 03030003010060), a Targeted Local Watershed (TLW). The Project supports many of the Cape Fear River Basin Restoration Priorities (RBRP) goals and presents an opportunity to restore 22.71 acres of riparian buffers. The Project will provide numerous ecological and water quality benefits within the Cape Fear River Basin. These benefits are not limited to the project area, but have more far-reaching effects throughout the Cape Fear River Basin. The Project will provide improvements to water quality, hydrologic function, and habitat. Coordinates for the site are as follows: 35.545045N, -79.5317W An inventory of soils data was completed by RES utilizing Web Soil Survey to determine prime farmland classifications for the 22.71 acre project area. One soil map unit in the project area is classified as prime farmland, making up approximately 2.3% of the site (Wilkes-Poindexter-Wynott complex,15-20% slopes). Five soil map units in the project area are classified as farmland of statewide importance, making up 97.7% of the site (Enon fine sandy loam, 2-6% slopes, 0.5%; Enon fine sandy loam, 10-15% slopes, 29.4%; Wynott-Enon complex, 2-8% slopes, 3.5%; Wynott-Enon complex, 8-15% slopes,63.9%; Wynott-Enon complex, 2-8% slopes, moderately eroded, 0.5%). Enclosed is Form AD -1006 with Parts I and III Completed and maps of the Bohemian Site. We ask that you review the site information and complete Parts II, IV, and V as required by NRCS. Please email (mengel�res.us), or mail your reply to the office at 302 Jeffferson Street, Suite 100, Raleigh, NC 27605. res. us 0 We thank you in advance for your timely response and cooperation. Please feel free to contact me with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Megan D Engel I Field Ecologist Attachements: Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), Aerial Map (Figure 3) Conceptual Plan Map (Figure 4), Web Soil Survey Report, & AD -1006 600100 350 55' 14" N g r g r r 1 35o 54'33"N 600100 600300 600560 600700 600900 601100 Map Scale: 1:8,800 if printed on A landscape (11" x 8.5") sheet Meters N 0 100 200 400 600 Feet 0 400 800 1600 2400 Map projection: Web Mercator Gonermordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDANatural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Soil Map—Guilford County, North Carolina, and Randolph County, North Carolina (Bohemian Buffer Mitigation Site) 600300 600560 600700 600900 601100 601300 601500 601700 601900 g 35o 55' 14" N r 601300 601500 601700 g r g r r I � 35o 54' 33" N 601900 6/5/2019 Pagel of 4 Soil Map—Guilford County, North Carolina, and Randolph County, North Carolina (Bohemian Buffer Mitigation Site) MAP LEGEND Area of Interest (AOI) 0 Area of Interest (AOI) Soils 0 Soil Map Unit Polygons ,.yam Soil Map Unit Lines Other Soil Map Unit Points Special Point Features Blowout Transportation Borrow Pit Rails Clay Spot Interstate Highways Closed Depression US Routes Gravel Pit Major Roads Gravelly Spot Local Roads Landfill Lava Flow Aerial Photography Marsh or swamp t Mine or Quarry Miscellaneous Water Perennial Water g Rock Outcrop Saline Spot Sandy Spot .0� Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot MAP INFORMATION The soil surveys that comprise your AOI were mapped at scales ranging from 1:20,000 to 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Guilford County, North Carolina Survey Area Data: Version 16, Sep 10, 2018 Soil Survey Area: Randolph County, North Carolina Survey Area Data: Version 23, Sep 10, 2018 Your area of interest (AOI) includes more than one soil survey area. These survey areas may have been mapped at different scales, with a different land use in mind, at different times, or at different levels of detail. This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area boundaries. Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: May 19, 2015—Oct 16, 2017 USDANatural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 2 of 4 Spoil Area Stony Spot Very Stony Spot Wet Spot Other r� Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background . Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at scales ranging from 1:20,000 to 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Guilford County, North Carolina Survey Area Data: Version 16, Sep 10, 2018 Soil Survey Area: Randolph County, North Carolina Survey Area Data: Version 23, Sep 10, 2018 Your area of interest (AOI) includes more than one soil survey area. These survey areas may have been mapped at different scales, with a different land use in mind, at different times, or at different levels of detail. This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area boundaries. Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: May 19, 2015—Oct 16, 2017 USDANatural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 2 of 4 Soil Map—Guilford County, North Carolina, and Randolph County, North Carolina (Bohemian Buffer Mitigation Site) MAP LEGEND MAP INFORMATION The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shiftina of map unit boundaries may be evident. USDANatural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 3 of 4 Soil Map—Guilford County, North Carolina, and Randolph County, North Carolina Map Unit Legend Bohemian Buffer Mitigation Site USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 4 of 4 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI EnB Enon fine sandy loam, 2 to 6 percent slopes 0.1 0.5% EnD Enon fine sandy loam, 10 to 15 percent slopes 6.7 29.4% WkE Wilkes-Poindexter-Wynott complex, 15 to 45 percent slopes 0.5 2.3% Subtotals for Soil Survey Area 7.3 32.1% Totals for Area of Interest 22.7 100.0% USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 4 of 4 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI WtB Wynott-Enon complex, 2 to 8 percent slopes 0.8 3.5% WtC Wynott-Enon complex, 8 to 15 percent slopes 14.5 63.9% WvB2 Wynott-Enon complex, 2 to 8 percent slopes, moderately eroded 0.1 0.5% Subtotals for Soil Survey Area 16.4 67.9% Totals for Area of Interest 22.7 100.0% USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 4 of 4 600100 350 55' 14" N g r g r r 1 35o 54'33"N Farmland Classification—Guilford County, North Carolina, and Randolph County, North Carolina (Bohemian Buffer Mitigation Site) 600300 600560 600700 600900 601100 601300 601500 601700 601900 600100 600300 600560 600700 600900 601100 Map Scale: 1:8,800 if printed on A landscape (11" x 8.5") sheet Meters N 0 100 200 400 600 Feet 0 400 800 1600 2400 Map projection: Web Mercator Gonermordinates: WGS84 Edge tics: UTM Zone 17N WGS84 USDANatural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 601300 601500 601700 g 35o 55' 14" N r g r g r r � 35o 54' 33" N 601900 6/5/2019 Page 1 of 5 Farmland Classification—Guilford County, North Carolina, and Randolph County, North Carolina (Bohemian Buffer Mitigation Site) MAP LEGEND Area of Interest (AOI) 0 Prime farmland if 0 Farmland of statewide . Farmland of statewide Farmland of unique Area of Interest (AOI) subsoiled, completely importance, if drained and importance, if irrigated importance removing the root either protected from and reclaimed of excess 0Not rated or not Soils inhibiting soil layer flooding or not frequently salts and sodium available Soil Rating Polygons Prime farmland if irrigated flooded during the � Farmland of statewide Soil Rating Lines Not rime farmland p and the product of I (soil growing season i importance, if drained or Not farmland erodibility) x C (climate Farmland of statewide either protected from ~ prime 0 All areas arep rime factor) does not exceed importance, if irrigated flooding or not frequently All areas are prime farmland 60 and drained flooded during the farmland 0 Prime farmland if drained � me Prime farmland if irrigated � Farmland of statewide growing season ,.y Prime farmland if and reclaimed of excess importance, if irrigated . Farmland of statewide drained 0 Prime farmland if salts and sodium and either protected from importance, if warm protected from flooding or Farmland of statewide flooding or not frequently enough, and either ,ter Prime farmland if not frequently flooded importance flooded during the drained or either protected from flooding during the growing rowin growing season protected from floodingor or not frequently flooded season - Farmland of statewide importance, if drained Farmland of statewide not frequently flooded during the growing 0 Prime farmland if irrigated importance, if subsoiled, during the growing season Farmland of statewide completely removing the season r r Prime farmland if 0 Prime farmland if drained importance, if protected root inhibiting soil layer . Farmland of statewide irrigated and either protected from from flooding or not 0 Farmland of statewide importance, if warm r 0 Prime farmland if floodin or not fre uentl g q y frequently flooded during importance, if irrigated enou h g drained and either flooded during the the growing season and the product of I (soil 0 Farmland of statewide protected from flooding growing season 0 Farmland of statewide erodibility) x C (climate importance, if thawed or not frequently flooded Prime farmland if irrigated importance, if irrigated factor) does not exceed . Farmland of local during the growing and drained 60 importance season 0 Pifld if irrigated Prime farmland . Farmland of local ,.�r Prime farmland if and either protected from importance, if irrigated irrigated and drained flooding or not frequently ,.yam Prime farmland if flooded during the irrigated and either growing season protected from flooding or not frequently flooded during the growing season USDANatural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 2 of 5 r r Prime farmland if subsoiled, completely removing the root inhibiting soil layer ~ Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 ~ Prime farmland if irrigated and reclaimed of excess salts and sodium ,.y Farmland of statewide importance N.y Farmland of statewide importance, if drained Farmland of statewide importance, if protected from flooding or not frequently flooded during the growing season ,.y Farmland of statewide importance, if irrigated Farmland Classification—Guilford County, North Carolina, and Randolph County, North Carolina (Bohemian Buffer Mitigation Site) N•wr Farmland of statewide importance, if drained and either protected from flooding or not frequently flooded during the growing season Farmland of statewide importance, if irrigated and drained ,.y Farmland of statewide importance, if irrigated and either protected from flooding or not frequently flooded during the growing season r 0 Farmland of statewide importance, if subsoiled, completely removing the root inhibiting soil layer Farmland of statewide importance, if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 r Farmland of statewide importance, if irrigated and reclaimed of excess salts and sodium r 0 Farmland of statewide importance, if drained or either protected from flooding or not frequently flooded during the growing season ,.y Farmland of statewide importance, if warm enough, and either drained or either protected from flooding or not frequently flooded during the growing season Farmland of statewide importance, if warm enough ,.yam Farmland of statewide importance, if thawed ,.yam Farmland of local importance ,.yam Farmland of local importance, if irrigated N.y Farmland of unique importance r r Not rated or not available Soil Rating Points Not prime farmland All areas are prime farmland Prime farmland if drained Prime farmland if protected from flooding or not frequently flooded during the growing season 0 Prime farmland if irrigated Prime farmland if drained and either protected from flooding or not frequently flooded during the growing season Prime farmland if irrigated and drained Prime farmland if irrigated and either protected from flooding or not frequently flooded during the growing season 0 Prime farmland if subsoiled, completely removing the root inhibiting soil layer Prime farmland if irrigated and the product of I (soil erodibility) x C (climate factor) does not exceed 60 Prime farmland if irrigated and reclaimed of excess salts and sodium Farmland of statewide importance Farmland of statewide importance, if drained Farmland of statewide importance, if protected from flooding or not frequently flooded during the growing season Farmland of statewide importance, if irrigated USDANatural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 3 of 5 Farmland Classification—Guilford County, North Carolina, and Randolph County, North Carolina (Bohemian Buffer Mitigation Site) Farmland of statewide Guilford County, North Carolina Farmland of statewide Farmland of unique importance, if drained and Randolph County, North Carolina importance, if irrigated importance either protected from and reclaimed of excess ❑ Not rated or not available flooding or not frequently salts and sodium flooded during the 0 Farmland of statewide Water Features growing season importance, if drained or Streams and Canals Farmland of statewide either protected from importance, if irrigated flooding or not frequently Transportation and drained flooded during the 444 Rails Farmland of statewide growing season importance, if irrigated Farmland of statewide Interstate Highways and either protected from importance, if warm flooding or not frequently enough, and either rV US Routes flooded during the drained or either Major Roads growing season protected from flooding or 0 Farmland of statewide not frequently flooded Local Roads importance, if subsoiled, during the growing completely removing the season Background root inhibiting soil layer Farmland of statewide . Aerial Photography Farmland of statewide importance, if warm importance, if irrigated enough and the product of I (soil Farmland of statewide erodibility) x C (climate importance, if thawed factor) does not exceed Farmland of local 60 importance Farmland of local importance, if irrigated The soil surveys that comprise your AOI were mapped at scales ranging from 1:20,000 to 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Guilford County, North Carolina Survey Area Data: Version 16, Sep 10, 2018 Soil Survey Area: Randolph County, North Carolina Survey Area Data: Version 23, Sep 10, 2018 Your area of interest (AOI) includes more than one soil survey area. These survey areas may have been mapped at different scales, with a different land use in mind, at different times, or at different levels of detail. This may result in map unit symbols, soil properties, and interpretations that do not completely agree across soil survey area boundaries. Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: May 19, 2015—Oct 16, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDANatural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 4 of 5 Farmland Classification—Guilford County, North Carolina, and Randolph County, North Carolina Farmland Classification Bohemian Buffer Mitigation Site Description Farmland classification identifies map units as prime farmland, farmland of statewide importance, farmland of local importance, or unique farmland. It identifies the location and extent of the soils that are best suited to food, feed, fiber, forage, and oilseed crops. NRCS policy and procedures on prime and unique farmlands are published in the "Federal Register," Vol. 43, No. 21, January 31, 1978. Rating Options Aggregation Method: No Aggregation Necessary Tie-break Rule: Lower USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 5 of 5 Map unit symbol Map unit name Rating Acres in AOI Percent of AOI EnB Enon fine sandy loam, 2 to 6 percent slopes All areas are prime farmland 0.1 0.5% EnD Enon fine sandy loam, 10 to 15 percent slopes Farmland of statewide importance 6.7 29.4% WkE Wilkes -Poindexter- Wynott complex, 15 to 45 percent slopes Not prime farmland 0.5 2.3% Subtotals for Soil Survey Area 7.3 32.1% Totals for Area of Interest 22.7 100.0% Description Farmland classification identifies map units as prime farmland, farmland of statewide importance, farmland of local importance, or unique farmland. It identifies the location and extent of the soils that are best suited to food, feed, fiber, forage, and oilseed crops. NRCS policy and procedures on prime and unique farmlands are published in the "Federal Register," Vol. 43, No. 21, January 31, 1978. Rating Options Aggregation Method: No Aggregation Necessary Tie-break Rule: Lower USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 5 of 5 Map unit symbol Map unit name Rating Acres in AOI Percent of AOI WtB Wynott-Enon complex, 2 to 8 percent slopes Farmland of statewide importance 0.8 3.5% WtC Wynott-Enon complex, 8 to 15 percent slopes Farmland of statewide importance 14.5 63.9% WvB2 Wynott-Enon complex, 2 to 8 percent slopes, moderately eroded Farmland of statewide importance 0.1 0.5% Subtotals for Soil Survey Area 16.4 67.9% Totals for Area of Interest 22.7 100.0% Description Farmland classification identifies map units as prime farmland, farmland of statewide importance, farmland of local importance, or unique farmland. It identifies the location and extent of the soils that are best suited to food, feed, fiber, forage, and oilseed crops. NRCS policy and procedures on prime and unique farmlands are published in the "Federal Register," Vol. 43, No. 21, January 31, 1978. Rating Options Aggregation Method: No Aggregation Necessary Tie-break Rule: Lower USDA Natural Resources Web Soil Survey 6/5/2019 Conservation Service National Cooperative Soil Survey Page 5 of 5 Appendix E Correspondence on Environmental and Cultural Resources 9 North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director 10 June 2019 Ms. Kasey Carrere RES 302 Jefferson Street, Suite 110 Raleigh, North Carolina 27605 Subject: Request for Project Scoping Bohemian Buffer Mitigation Site Guilford and Randolph County, North Carolina Dear Ms. Carrere, Biologists with the North Carolina Wildlife Resource Commission (NCWRC) received your letter on 05 June 2019 requesting review and comment on any possible concerns regarding the Bohemian Buffer Mitigation Site. Biologists with NCWRC have reviewed the provided documents. Comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). The Bohemian Buffer Mitigation Site is located north of Harlow Road and east of Muddy Creek Road south of High Point, Randolph and Guilford counties, North Carolina. The project involves the restoration and enhancement of approximately 22.71 acres of riparian buffer. Current conditions of the site show significant degradation of the habitat from agricultural land use, water diversion, and cattle intrusions. The project will restore the riparian buffer along unnamed tributaries to the Deep River (Randleman Reservoir) in the Cape Fear River basin. The Deep River is classified as a Water Supply IV and Critical Water Supply Area by the N.C. Division of Water Resources (NCDWR). We have no known records for federal or state -listed rare, threatened, or endangered species within or near the site. However, the state special concern Greensboro burrowing crayfish (Cambarus catagius) has been documented in Randolph and Guilford counties. The Greensboro burrowing crayfish has been found in all types of soils from sandy loams to hard clay and burrows are not usually directly associated with any drainage or stream flow (McGrath 1994). The full extent of its distribution in this watershed is unknown due to lack of targeted surveys. Please notify Brena Jones, Central Aquatic Wildlife Diversity Coordinator (brena.jones@ncwildlife.org, 919-707-0369), if any Greensboro burrowing crayfish are located. Therefore, the lack of records from the site does not imply or confirm the absence of federal or state -listed species. An on-site survey is the only means to determine if the proposed project may impact federal or state rare, threatened, or endangered species. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 10 June 2019 Bohemian Buffer Mitigation Site Randolph and Guilford counties Based upon the information provided to NCWRC, it is unlikely that buffer mitigation will adversely affect any federal or state -listed species. Establishing native, forested buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats, and provide a travel corridor for wildlife species. If present, we recommend leaving snags and mature trees or if necessary, remove tees outside the maternity roosting season for bats (May 15 — August 15). Provided measures are taken to minimize erosion and sedimentation from construction/restoration activities, we do not anticipate the project to result in significant adverse impacts to aquatic and terrestrial wildlife resources. Thank you for the opportunity to provide comments. If I can be of additional assistance, please call (919) 707-0364 or email olivia.munzer&ncwildlife.org. Sincerely, Olivia Munzer Western Piedmont Habitat Conservation Coordinator Habitat Conservation Program Literature Cited McGrath, C. 1994. Status survey for the Greensboro burrowing crayfish. Proceedings of the annual conference, Southeastern Association of Game and Fish Commissioners, 48: 343-349. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. I Iamilton June 21, 2019 Kasey Carrere Resource Environmental Solutions, LLC 32 Jefferson Street, Suite 110 Raleigh, NC 27605 Re Bohemian Buffer Mitigation Site, Guilford and Randolph Counties, ER 19-1893 Dear Ms. Carrere: Thank you for your letter of June 5, 2019, concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 ENT OF Tjy�2 a. 9 CH 3� A United States Department of the Interior Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 08/28/2019 Self -Certification Letter Bohemian Buffer Mitigation Site Dear Applicant: F[f3lld ev ICE IF6 SNHICI3 Mf V Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect' determinations for proposed/listed species and/or 17 proposed/designated critical habitat; and/or 0 "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or F1"may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; V"no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh(a&,fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Species Conclusions Table Project Name: Bohemian Buffer Mitigation Site Date: 08/28/2019 Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation -Species/ Schweinitz's Sunflower (Helianthus schweinitzb) Suitable habitat present, species not present No effect Habitat and species survey conducted on August 20, 2019. Determined suitable habitat present, but no species present. Conclusion and determination revised to reflect this. See pg. 10. Small Whorled Pogonia (lsotria medeolo des) Potential habitat present and no current survey conducted No Effect The only potential habitat would be in preserved forested areas where it would be left undisturbed. Critical Habitat No Critical Habitat Present No Effect Bald Eagle (Haliaeetus leucocephalus) Unlikely to disturb nesting bald eagles No Eagle Act permit required Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Project Manager 06/05/2019 Signzfture /Title V Date United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2019-SLI-0953 Event Code: 04EN2000-2019-E-02175 Project Name: Bohemian 71. Fisdi s WIIJJUrV. 14L'][ ,N,pf t May 29, 2019 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16U.S.C. 1531 etseq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 05/29/2019 Event Code: 04EN2000-2019-E-02175 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws. o� rorrybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 05/29/2019 Event Code: 04EN2000-2019-E-02175 Attachment(s): • Official Species List 05/29/2019 Event Code: 04EN2000-2019-E-02175 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 05/29/2019 Event Code: 04EN2000-2019-E-02175 2 Project Summary Consultation Code: 04EN2000-2019-SLI-0953 Event Code: 04EN2000-2019-E-02175 Project Name: Bohemian Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: Buffer mitigation site Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/mqps/Tlace/35.91360736624763N79.88339078495788W Counties: Guilford, NC I Randolph, NC 05/29/2019 Event Code: 04EN2000-2019-E-02175 Endangered Species Act Species There is a total of 2 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3849 Small Whorled Pogonia Isotria medeoloides Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. RE: Helianthus schweinitzii Survey at Bohemian site, Randolph County, NC A plant survey for the federally listed Schweinitz's sunflower, Helianthus schweinitzii (Fed E, State E I S2 G3), was conducted on August 20, 2019 at our Bohemian Riparian Buffer Mitigation Project, a full -delivery mitigation project for the Division of Mitigation Services (DMS), located near Archdale, NC in Randolph County. H. schweinitzii is endemic to the Piedmont regions of North and South Carolina, historically being centered around Charlotte, NC and Rock Hill, SC. Suitable habitat for H. schweinitzii includes disturbed areas with full -partial sun exposure such as roadsides and powerline cuts; historically, it has occurred in dry, open woodlands and Piedmont prairies. In North Carolina, the known distributions of H. schweinitzii occur in Surry, Stokes, Catawba, Gaston, Rowan, Davidson, Randolph, Mecklenburg, Cabarrus, Stanly, Montgomery, Union, Anson, and Richmond counties. This species faces threats including alteration of native habitat, fire suppression, roadside/utility right-of-way maintenance, invasive species encroachment and other anthropogenic impacts. The Bohemian Project contains two sections of easements, an east section and a west section, both including a powerline cut through a portion of the easement. Current land use in the vicinity of the Bohemian Project is primarily non -forested agricultural fields, non -forested and forested pasture grazed by livestock, mature forest with recent timbering, and disturbed mature riparian forest. Existing tree species within the forested areas include American sycamore (Platanus occidentalis), American elm (Ulmus americana), sweetgum (Liquidambar styrac flua), and red cedar (Juniperus virginiana). The non -forested areas consist primarily of pasture grasses and weedy herbaceous vegetation including Juncus sp., Carex sp., Vernonia sp., and Helianthus tuberosus. The survey team including Jeremy Schmid and Emily Ulman, visited a reference population for H. schweinitzii on August 20, 2019 at the North Carolina Botanical Gardens in Chapel Hill, NC. The surveying team had a dichotomous key for the genus Helianthus, adapted from Schilling (2006) and Weakley (2008), and had researched the information and pictures provided by the U.S. Fish and Wildlife Service for H. schweinitzii. Jeremy and Emily have both performed rare plant surveys in the past for threatened and endangered plant species throughout North Carolina. At the Bohemian site, the surveying team walked along the boundary and within the easement recording species present and any occurrences of potential suitable habitat. The western section is primarily used for agriculture (hemp) and is surrounded by mature forest to the west; these conditions do not support H. schweinitzii mainly due to lack of sun exposure. The one area of suitable habitat within the western side (powerline cut) did not have Schweinitz's sunflower, but rather Jerusalem artichoke, differentiated by the leaf position on the stem and length of petiole. The eastern section of the Project represented suitable habitat, with open forest margins and a powerline cut; however, there was no H. schweinitzii found. After a thorough examination of both areas and an assessment of the habitat present, no populations were located at this project site. In conclusion, after conducting a more thorough evaluation of the habitat present at the Bohemian Mitigation Site and surveying for H. schweinitzii specifically, we have determined that there is suitable habitat present, but no species present therefore, the conclusion for the H. schweinitzii species is no effect.