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Home My WebLink About20190800 Ver 1_Final Draft Mitigation Plan_20191115ID#* 20190800 Version* 1 Select Reviewer:* Katie Merritt Initial Review Completed Date 11/18/2019 Mitigation Project Submittal - 11/15/2019 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer r- Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* LINDSAY CROCKER Project Information .................................................................................................................................................................. ID#:* 20190800 Existing IDY Project Type: r DMS r Mitigation Bank Project Name: Boseman County: Edgecombe Document Information Email Address:* lindsay.crocker@ncdenr.gov Version: *1 Existing Version Mitigation Document Type:* Mitigation Plans File Upload: Boseman_100119_FDMP_2019.pdf 17.51MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* LINDSAY CROCKER Signature:* .,cry. �`��-aE,��• DRAFT MITIGATION PLAN BOSEMAN BUFFER MITIGATION SITE Edgecombe County, NC NCDEQ Contract No. 7872 NCDMS ID No. 100119 NCDWR Project No. 2019-0800 RFP No. 16-007711 Tar-Pamlico River Basin HUC 03020101 October 24, 2019 Prepared For: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center, Raleigh, NC 27699-1652 DRAFT MITIGATION PLAN BOSEMAN BUFFER MITIGATION SITE Edgecombe County, NC NCDEQ Contract No. 7872 & NCDMS ID No. 100119 NCDWR Project No. 2019-0800 RFP No. 16-007711 Tar-Pamlico River Basin HUC 03020101 Prepared For: NC Department of Environmental Quality Division of Mitigaiton Services 1652 Mail Service Center, Raleigh, NC 27699-1652 Prepared By: With Assistance From: 1117 Peachtree Walk NE, Suite 126 Venture 1, 940 Main Campus Dr., Suite 500 Atlanta, GA 30309 Raleigh, NC 27606 404-840-2697 919-754-5009 This Mitigation Plan has been written in conformance with the requirements of the following: • 15A NCAC 02B.0295 Mitigaiton Program Requirements for Protection and Maintenance of Riparian Buffers. • NCDEQ Division of Mitigation Services In-Lieu Fee Instrument signed and dated July 28, 2010 These documents govern DMS operations and procedures for the delivery and compensatory mitigation. Contributing Staff Ted Griffith, Eco Terra Principal in Charge Ryan Perry, Eco Terra Construction Oversight Heather Smith, VHB Project Manager Lane Sauls, VHB Quality Assurance \\vhb\gbl\proj\Raleigh\39077.02 EcoTerra_Boseman_Site\docs\VARIOUS\Mitigaiton Plan\Boseman_100119_DMSComments.docx Ref: 39077.02 Re: Boseman Buffer Mitigation Plan Review Comments Project # 100119, DMS Contract # 0007872 Lindsay Crocker VHB/EcoTerra has addressed the comments provided in your letter dated November 3, 2019. Our responses are below in red. Specific Comments: 1. A recorded conservation easement will be required to finalize the Mitigation Plan and be inserted into the Appendix. Please revise verbiage in section 3.1 and Table 5 (deed book and page) to clarify when completed. The wording will be updated once the conservation easement has been recorded. EcoTerra/VHB understands construction cannot commence until the conservation easement is fully recorded. 2. Table 6. and Section 4.3 FEMA Floodplain compliance. Please note that mitigation projects don’t require Floodplain permits. Because this project is not impacting any ground or hydrologic elevations it may be unnecessary to secure this, but this at provider discretion. VHB/EcoTerra has coordinated with the Floodplain Manager for Edgecombe County and were told a floodplain development permit would be required within the 100-year floodplain. The floodplain development permit will be finalized after the conservation easement is recorded. 3. Table 8. Planting. The tree species list is very extensive. Please provide an estimate of the percentages of each species and planting density (tpa). Be advised black willow can be an aggressive native, and that green ash may be affected by emerald ash borer. DWR requires 4 native hardwood species, with no individual species exceeding 50 percent. Included percentages by tree species and that the site would have an initial planting density between 600-800 stems/acre. 4. Table 9. Some of the ratios need to be updated for credit. For DMS, areas should be measured to the square foot, buffer ratios go out 5 decimal places and buffer credit (unitless) should extend out 3 decimal places. Additionally, please show if/when the segments are eligible for nutrient offset as applicable. The attached table is suggested for consideration. Ensure segments match DWR eligibility letter. Table 9 has been updated to reflect a buffer ratio going out to 5 decimals and buffer credits out to 3 decimals. Segments match the DWR eligibility letter dated July 17, 2019. Table 9 was re-evaluated and updated during the preparation of the shapefile for credit area. The total mitigable area remained the same. The excel sheet provided with the comment letter was updated and is being returned as additional information to verify Lindsay Crocker Ref: 39077.02 November 4, 2019 Page 2 \\vhb\gbl\proj\Raleigh\39077.02 EcoTerra_Boseman_Site\docs\VARIOUS\Mitigaiton Plan\Boseman_100119_DMSComments.docx assets. Per a phone conversation on 11/15/19, no information for nutrient offset will be included. 5. Vegetation plots. 14.9 acres should require 12 vegetation plots for 2% of the planted area. Confirm that 11 vegetation plots are calculated correctly. The number of vegetation plots was increased from 11 to 12. 6. Provide discussion of how diffuse flow will be maintained for the eastern outlet ditch (R3) on the project in narrative and if there will be a credit reduction required. It is also advisable to insert some verbiage indicating that any drain tiles discovered inside the easement will be removed. This is based on previous DWR feedback. The R3 feature was considered to be a jurisdictional stream per the July 9, 2019 NCDWR Letter. This feature does not require the deduction for unbuffered ditches as described in the August 19, 2008 Buffer Clarification Memo. https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401/Buffer%20Cl arification%20Memos/Diffuse-Flow-for-Buffer-Mitigation-Sites-Buffer-Clarification-Memo- 20080819.pdf Scenario 5 depicts a natural stream entering into the buffered area and is labeled no deduction. It is VHB’s understanding that this only applies to unbuffered ditches, not unbuffered jurisdictional streams. Added “In the event that drain tiles are found during construction, they will be removed to provide diffuse flow through the restored riparian buffer.” in Section 5.1. Electronic Deliverables: 1. Please provide shapefiles of riparian buffer credit areas that match the asset table and are broken out as such. Some delineation of these may be required on figure 7. Shapefiles are on the CD and the assets in the shapefile match what is presented in Table 9. Sincerely, VHB Engineering NC, P.C. Heather Smith, LSS Senior Environmental Scientist hsmith@vhb.com Table of Contents 1.0 Introduction ................................................................................................................................................................................. 1 2.0 Mitigation Project Summary .............................................................................................................................................. 1 2.1 Existing Site Conditions ........................................................................................................................................................ 2 2.2 Watershed Characterization ............................................................................................................................................... 3 2.3 Soils .............................................................................................................................................................................................. 4 2.4 Geology ....................................................................................................................................................................................... 5 2.5 Vegetation ................................................................................................................................................................................. 5 2.6 Site Constraints and Access ................................................................................................................................................ 5 2.7 Site Resources .......................................................................................................................................................................... 5 3.0 Site Protection Instrument .................................................................................................................................................. 6 3.1 Site Protection Instruments Summary Information................................................................................................... 6 3.2 Current Ownership and Long-Term Protection .......................................................................................................... 6 4.0 Regulatory Considerations .................................................................................................................................................. 6 4.1 Threatened and Endangered Species ............................................................................................................................. 7 4.2 Cultural Resources .................................................................................................................................................................. 9 4.3 FEMA Floodplain Compliance ..........................................................................................................................................10 4.4 Other Environmental Issues ..............................................................................................................................................10 5.0 Implementation Plan ........................................................................................................................................................... 10 5.1 Parcel Preparation ................................................................................................................................................................10 5.2 Riparian Buffer Restoration Activities ...........................................................................................................................10 5.3 Determination of Credits ...................................................................................................................................................11 6.0 Monitoring Plan ..................................................................................................................................................................... 12 7.0 Success Criteria ....................................................................................................................................................................... 12 7.1 Vegetation ...............................................................................................................................................................................12 7.2 Photo Reference Stations ..................................................................................................................................................12 7.3 Visual Assessments ..............................................................................................................................................................13 7.4 Performance Criteria ............................................................................................................................................................13 7.5 Maintenance and Contingency Plans ...........................................................................................................................13 8.0 Stewardship................................................................................................................................................................................ 13 9.0 References ................................................................................................................................................................................... 14 Appendices Appendix A: NCDWR Buffer Letters Appendix B: Draft Conservation Easement Appendix C: Signed Categorical Exclusion Appendix D: EDR Report Boseman Buffer Mitigation-Mitigation Plan Page 1 DMS No: 100119 DMS Final November 2019 1.0 Introduction The Boseman Buffer Mitigaiton Site is a buffer restoration project located approximately 2.5 miles southeast of the Town of Rocky Mount in Edgecombe County, NC (Figure 1). The underlying project parcel is comprised of 276 acres of agricultural and forested areas. The Project Site is approximately 14.9 acres along two unnamed tributaries to the Tar River. An expected 617,394.032 riparain buffer credits will be generated by the project. The Site is located within the Hydrologic Unit Code (HUC) 03020101120030, a Targeted Local Watershed (TLW) and North Carolina Department of Water Resources (NCDWR) sub-basin 03-03- 02. The unnamed tributaries flow into the Tar River approximately one and half miles downstream of the project. According to the N.C. Division of Mitigation Services’ (DMS) 2010 Tar-Pamlico River Basin Restoration Priorities (RBRP) document, amended 2018, the project will support the identified goals for the TLW, as well as the overall HUC. As stated in the RBRP, restoration of riparian buffers to address agricultural runoff is a high priority for this 14-digit TLW HUC. The Boseman Buffer Mitgation Site will help to reduce future sediment and nutrient loading into the unnamed tributaries and downstream Tar River. It will also improve terrestrial habitats along these streams by establishing riparian corridors and allowing the land to undergo natural succession to forested community types. The area surrounding the streams is primarily agricultural fields. The project will restore vegetative buffers to a maximum of 115 feet from the streams and will remove rotating crops and fertilizer inputs. The restored riparian buffer will filter runoff from the surrounding farm fields. Invasive vegetation will be treated as needed within the project area to promote native vegetation. 2.0 Mitigation Project Summary The major goals of the proposed buffer restoration project are to address agricultural runoff, including nutrients and sediment, protect the project site in perpetuity, and restore terrestrial habitat. The detailed goals and objectives are found below in Table 1. Boseman Buffer Mitigation-Mitigation Plan Page 2 DMS No: 100119 DMS Final November 2019 Table 1: Goals and Objectives Goal Objective Supported CU-wide and HUC RBRP Goals Reduce nutrient levels Nutrient input will be decreased by filtering runoff from the agricultural fields through restored 115-foot wide native buffer zones. The total amount of restored buffer will be 621,810 sq.ft. Promote nutrient and sediment reduction in agricultural areas by restoring riparian buffers.* Reduce sediment levels Nutrient input will be decreased by filtering runoff from the agricultural fields through restored 115-foot wide native buffer zones. The total amount of restored buffer will be 621,810 sq.ft. Promote nutrient and sediment reduction in agricultural areas by restoring riparian buffers.* Project protection in perpetuity Implement a project in a TLW and record a conservation easement. Continue targeted implementation of projects under the Buffer programs. # Restore terrestrial habitat Riparian buffer areas will be restored with native vegetation and invasive vegetation will be managed. DMS’ programmatic goal, North Carolina General Statue 143-214.10# * TLW and RBRP goal, # RBRP goal 2.1 Existing Site Conditions Proposed buffer restoration will convert approximately 14.9 acres of agricultural fields along two unnamed tributaries (hereinafter referred to as UT 1 and UT 2) to functioning riparian corridors. The fields are currently in rotating row crops and early successional herbaceous vegetation. UT 1 enters the project site along the western property boundary and flows in an eastward direction. UT 1 meets the definition of at least intermittent per the NCDWR On-Site Determination for Applicability to the Tar-Pamlico Buffer Rules Letter (Buffer Letter), dated July 9, 2019 (Appendix A). UT 2 originates within the property boundary as an ephemeral channel (Reach 2a) and transitions to an intermittent channel (Reach 2b) (Buffer Letter) prior to it’s confluence with UT 1. There is a third unnamed tributary with a stream origin point within the property boundary and flows in an eastward direction to the confluence with UT 1. This tributary is at least intermittent per the Buffer Letter but is not being used to produce riparian buffer credit for this project. Project attributes associated with the proposed buffer site are provided in Table 2. Boseman Buffer Mitigation-Mitigation Plan Page 3 DMS No: 100119 DMS Final November 2019 Table 2: Buffer Project Attributes Project Name Boseman Buffer Mitigation Site Hydrologic Unit Code 03020101 River Basin Tar-Pamlico Geographic Location (decimal degrees) 35.96451, -77.705926 Site Protection Instrument Conservation Easement Total Credits (BMUs) 617,394.032 Types of Credits Riparian Buffer Mitigation Plan Date October 2019 Initial Planting Date January 2020 Baseline Report Date February 2020 MY1 Report Date November 2020 MY2 Report Date November 2021 MY3 Report Date November 2022 MY 4 Report Date November 2023 MY 5 Report Date November 2024 Close out Report Date/Visit May 2025 In addition to buffer restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A NCAC 02B 0.0295 (o)), alternative mitigation is proposed on the Site in the form of buffer restoration on ephemeral channels. The proposed project is in compliance with these rules in the following ways: Buffer Restoration on Ephemeral Channels (15A NCAC 02B 0.0295 (o)(7)): • NCDWR conducted a site visit on June 14, 2019 to evaluate the two unnamed tributaries on the Project (Figure 2). • The mitigation area on the Site’s ephemeral channel (UT 2 Reach 2a) is located within the drainage area for UT 2 (Figure 2). • The ephemeral channel is directly connected to UT 2 Reach 2b, an intermittent or perennial channel, and will be protected under a contiguous conservation easement boundary (Figure 2). • The mitigation area on the ephemeral channel is less than 25% of the total buffer mitigaiton area on the Site (Table 3). 2.2 Watershed Characterization The Site is approximately 2.5 miles southeast of the Town of Rocky Mounty on the south side of NC Hwy. 97 (Figure 1). The Site is within the Tar River TLW (HUC 03020101120030) as described Boseman Buffer Mitigation-Mitigation Plan Page 4 DMS No: 100119 DMS Final November 2019 in the DMS 2010 Tar-Pamlico RBRP, amended August 2018. According to the 2018 RBRP, nearly half of the 55-square mile Tar River drainage area consists of agriculturally related landuses and 42% of the land is either wetland or forested. The watershed has approximately 9% development with 1.4% denoted as impervious surface. There are 131 miles of stream channels in the drainage area and 44% of the stream channels are not currently buffered. Edgecombe County remains mostly undeveloped aside from the areas in and around the population centers of Rocky Mount, Tarboro, and Princeville. The County population decreased 6.7% between the 2010 census and 2017. Drainage areas for the on-site streams and buffer areas were determined by delineating watersheds in USGS Stream Stats. Figure 3 shows the watershed boundaries for each unnamed tributary. Table 3 describes the current land use and drainage area for each unnamed tributary. Table 3: Drainage Area and Land Use Reach Name NCDWR Stream Designation* Restored Buffer Area (acres/sq.ft.) Watershed Area (acres) Land Use UT 1 Intermittent (at least) 11.11/484,131 167 49% Agriculture 41% Forested/Wetland UT 2 Reach 2a Ephemeral# 1.72/74,999 12 UT 2 Reach 2b Intermittent (at least) 1.44/62,680 19 Total: 14.27 acres /621,810sq.ft. * Per the Buffer Letter (Appendix A), # Total mitigation on ephemeral channels is 12.6% of the total mitigated area and is in compliance with 15A NCAC 02B 0.0295(o)(7) which limits mitigation on ephemeral channels to no more than 25% of the total mitigated area. 2.3 Soils Elevations at and surrounding the Project Site are nearly level to gently sloping. Soils underlying the area are mapped as loam and sandy loam and consist of the Roanoke and Wickham series (Figure 4). Specific soil mapping units are listed in Table 4. Boseman Buffer Mitigation-Mitigation Plan Page 5 DMS No: 100119 DMS Final November 2019 Table 4: Boseman Buffer Site Soil Series Soil Name Description Roanoke loam (Ro) These soils are poorly drained. They are found in drainageways in the Piedmont, and upper and middle Coastal Plain. They have slow to very slow runoff and permeability. Wickham sandy loam, 0-4% slopes (WkB) These soils are well drained. They are found on stream terraces in the Piedmont and Coastal Plain. They have medium to rapid runoff, and moderate permeability. 2.4 Geology The Project Site is located within the Rolling Coastal Plain of the Middle and Upper Coastal Plains physiographic province. Both the Middle and Upper Coastal Plains are characterized by broad, flat terraces adjacent to low-gradient stream channels with elevations ranging from 300-1,000 feet. The Site is located in the Yorktown and Duplin Formation (Tpy) and is characterized by fossiliferous clay with varying amounts of fine grained sand. 2.5 Vegetation Vegetative communities within the project area consist of row crops and early successional, herbaceous vegetation. The main difference in vegetative community is the current degree of wetness and the ability to cultivate crops. The wetter areas are not being used for row crops, but vegetation is being maintained. The wetter areas have wetland herbaceous vegetation present throughout. Typical herbaceous vegetation in the wetter areas includes soft rush (Juncus effusus), tear thumb (Polygonum sagittatum), and seed box (Ludwigia alternifolia). 2.6 Site Constraints and Access The Site can be accessed via a dirt farm road from NC 97 West. A permanent access easement from NC 97 West was recorded as part of the project. There is one 25 foot break in the easement for the existing farm road. There is one private airport, Thompson Farms Airport, within a five-mile radius. The restoration of a riparian buffer is not expected to create issues with waterfowl because no additional water resources will be created as part of the project. 2.7 Site Resources The Site has been in agricultural production since 1955 and no changes have been observed to the current stream configuration since that time (Figure 5). The property owner has verified that the property has been in some form of agricultural production for the past 75 years. NCDWR staff visited the Site on June 14, 2019 to determine subjectivity of on-site resources to the Tar-Pamlico buffer rules and their suitability for riparian buffer mitigation per the Consolidated Buffer Mitigation Rule (15A NCAC 02B 0.029). The two unnamed tributaries were found to be suitable for riparian buffer mitigation in the Tar-Pamlico River Basin. The resulting NCDWR letters are in Appendix A. Boseman Buffer Mitigation-Mitigation Plan Page 6 DMS No: 100119 DMS Final November 2019 3.0 Site Protection Instrument 3.1 Site Protection Instrument Summary Information The property needed to restore the riparian buffer, access the easement and manage the Site includes portions of the parcel listed in Table 5. The proposed conservation easement on this property has not been recorded. A copy of the draft land protection instrument is included in Appendix B. All site protection instruments require a 60-day advance notification to the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. 3.2 Current Ownership and Long-Term Protection The Site is located on one parcel owned by Joel Boseman et al. (Table 5). An option agreement for the project area was signed by the property owners and was recorded at the Edgecombe County Register of Deeds. The option agreement allows restriction of the land use in perpetuity through a conservation easement. Eco Terra will convey the conservation easement to the State to provide long term protection of the Site. Table 5: Current Ownership and Long-Term Protection Parcel Identification Number County Owner Acreage in Conservation Easement Deed Book and Page Number Site Protection Instrument Identified Conservation Easement Holder 3880-38-6335 Edgecombe Joel Boseman et al 14.9 ac To be recorded Conservation Easement State of North Carolina 4.0 Regulatory Considerations Table 6 summarizes the regulatory considerations for the proposed project. These considerations are expanded upon in Sections 4.1-4.4. A copy of the signed Categorical Exclusion Form is provided in Appendix C. Table 6: Regulatory Considerations Parameter Applicable Resolved Supporting Documentation Waters of the U.S. -Section 404 No N/A N/A Waters of the U.S.-Section 401 No N/A N/A Endangered Species Act Yes Yes Signed CE Appendix C Historic Preservation Act Yes Yes Signed CE Appendix C Coastal Zone Management Act No N/A N/A FEMA Floodplain Compliance* Yes TBD TBD Essential Fisheries Habitat No N/A N/A *The floodplain development permit will be submitted to Edgecombe County once the conservation easement is recorded. Boseman Buffer Mitigation-Mitigation Plan Page 7 DMS No: 100119 DMS Final November 2019 4.1 Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) identifies two federally threatened and endangered species and three proposed species under the Endangered Species Act. One species is protected under the Bald and Golden Eagle Protection Act (Table 7). Table 7: Federally Listed Species for Edgecombe County Scientific Name Common Name Federal Status* Suitable Habitat Haliaeetus leucocephalus Bald Eagle BGPA No Picoides borealis Red-cockaded woodpecker E No Necturus lewisi Neuse River waterdog PT No Noturus furiosus Carolina madtom PE No Fusconaia masoni Atlantic pigtoe PT No Parvaspina steinstansana Tar River spinymussel E No * BGPA - Bald and Golden Eagle Protection Act, E - Endangered, PT – Proposed Threatened, PE – Proposed Endangered Bald eagle Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water. A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was performed in April 2017 using 2013 color aerials. The Tar River can be considered a potential feeding source within this radius. A juvenile bald eagle was observed on-site in late 2018 and an on-site nest survey was conducted on June 3, 2019. During the survey very few trees capable of supporting a nest were observed and no nests were found. The majority of the forested area within 660’ of the study area contained successional growth trees. Additionally, information provided by NC Natural Heritage Program (NCNHP) showed there were no known occurrences of the species within 1 mile of the project study area. Red-cockaded woodpecker The red-cockaded woodpecker (RCW) typically occupies open, mature stands of southern pines, particularly longleaf pine (Pinus palustris), for foraging and nesting/roosting habitat. The RCW excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, which are contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of the RCW is normally no more than 0.5 miles. A desktop-GIS assessment of the project study area was performed in May 2019 using 2017 color aerials. No areas within the project area are dominated by pine trees; the project area is devoid of mature forests and contains row crops and herbaceous vegetation. Additionally, information provided by NCNHP showed there were no known occurrences of the species 1 mile of the project study area. Boseman Buffer Mitigation-Mitigation Plan Page 8 DMS No: 100119 DMS Final November 2019 Neuse River waterdog In North Carolina, the Neuse River waterdog specific habitat characteristics include low to moderate gradient streams and low current velocity. It is a fully aquatic salamander, never leaving the water. It lacks lungs, getting oxygen from the water via external gills and needs clean, flowing water with high dissolved oxygen concentrations. The species dwells in streams wider than 45 feet (15 meters) but has been found in smaller creeks. The study area is located in the Tar-Pamlico River basin. NCNHP records dated July 2018 show the closest documented population of the Neuse River waterdog is located approximately 1.3 river miles downstream of the study area in the Tar River. The record for this population is categorized as “current”. The record is dated 2015. Suitable habitat for the Neuse River waterdog does not exist within the study area. The majority of the streams on-site are intermittent, and the perennial portions of the streams are heavily affected by sediment and fertilizer inputs from the surrounding farm fields. The perennial channel immediately downstream of the study area was experiencing eutrophication during a site visit on June 3, 2019. This same portion of the stream had no visible flow and the channel is approximately nine to 12 feet wide. The proposed riparian buffer mitigation project will not include any work within any stream channels. The project will consist of planting native hardwood trees within 115 feet of the stream channels. Carolina madtom In North Carolina, the species occurs in riffles, runs, and pools in medium to large streams and rivers. Ideally, it inhabits fresh waters with continuous, year-round flow and moderate gradient in both the Piedmont and Coastal Plain physiographic regions. Optimal substrate for the Carolina madtom is predominantly silt-free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells, and even cans and bottles. The study area is located in the Tar-Pamlico River basin. NCNHP records dated July 2018 show the closest documented population of the Carolina madtom is located approximately 4.1 river miles downstream of the study area in the Tar River. The record for this population is categorized as “historical”. The record is dated 1985. Suitable habitat for the Carolina madtom does not exist within the study area. The majority of the streams on-site are intermittent, and the perennial portions of the streams are heavily affected by sediment and fertilizer inputs from the surrounding farm fields. The perennial channel immediately downstream of the study area was experiencing eutrophication during a site visit on June 3, 2019. This same portion of the stream had no visible flow and the channel is approximately nine to 12 feet wide. Substrate within the on-site streams consists entirely of silt and is not suitable for this species. The proposed riparian buffer mitigation project will not include any work within any stream channels. The project will consist of planting native hardwood trees within 115 feet of the stream channels. Boseman Buffer Mitigation-Mitigation Plan Page 9 DMS No: 100119 DMS Final November 2019 Atlantic pigtoe In North Carolina, the preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus. Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows were sufficient to maintain clean, silt-free substrates. The study area is located in the Tar-Pamlico River basin. NCNHP records dated July 2018 show the closest documented population of the Atlantic pigtoe is located approximately 12.0 river miles downstream of the study area in the Tar River. The record for this population is categorized as “current”. The record is dated 2004. Suitable habitat for the Atlantic pigtoe does not exist within the study area. The majority of the streams on-site are intermittent, and the perennial portions of the streams are heavily affected by sediment and fertilizer inputs from the surrounding farm fields. The perennial channel immediately downstream of the study area was experiencing eutrophication during a site visit on June 3, 2019. This same portion of the stream had no visible flow and the channel is approximately nine to 12 feet wide. The proposed riparian buffer mitigation project will not include any work within any stream channels. The project will consist of planting native hardwood trees within 115 feet of the stream channels. Tar River spinymussel The Tar spinymussel is endemic to the Tar and Neuse River drainage basins in North Carolina. This mussel requires a stream with fast flowing, well-oxygenated, circumneutral pH water. The stream bed should be composed of unconsolidated gravel and coarse sand. The water needs to be relatively silt-free, and stream banks should be stable, typically with many roots from adjacent riparian trees and shrubs. The study area is located in the Tar-Pamlico River basin. NCNHP records dated July 2018 show the closest documented population of the Tar River spinymussel is located approximately 14.6 river miles downstream of the study area in the Tar River. The record for this population is categorized as “current”. The record is dated 2001. Suitable habitat for the Tar River spinymussel does not exist within the study area. The majority of the streams on-site are intermittent, and the perennial portions of the streams are heavily affected by sediment and fertilizer inputs from the surrounding farm fields. The perennial channel immediately downstream of the study area was experiencing eutrophication during a site visit on June 3, 2019. This same portion of the stream had no visible flow and the channel is approximately nine to 12 feet wide. The proposed riparian buffer mitigation project will not include any work within any stream channels. The project will consist of planting native hardwood trees within 115 feet of the stream channels. 4.2 Cultural Resources The National Historic Preservation Act declares a national policy of historic preservation to protect, rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, history, archaeology, and culture, and Section 106 mandates that federal Boseman Buffer Mitigation-Mitigation Plan Page 10 DMS No: 100119 DMS Final November 2019 agencies take into account the effect of an undertaking on a property that is included in, or is eligible for inclusion in, the National Register of Historic Places. There are no existing structures in the project area. The Site is not located near any sites listed on the National Register with the State Historic Preservation Office (SHPO). SHPO was contacted for completion of the Categorical Exclusion and SHPO had no concerns or comments on the Site. The approved Categorical Exclusion is in Appendix C. 4.3 FEMA Floodplain Compliance The Site is located within the 100-year floodplain of the Tar River. A floodplain development permit will be submitted to the Edgecombe County floodplain Manager once the conservation easement is recorded. Proposed implementation of work will not commence until all required permits have been received. 4.4 Other Environmental Issues An EDR Radius Map Report with Geocheck was ordered for the Site through Environmental Data Resources, Inc. (EDR) on June 7, 2019 as part of the Categorical Exclusion. The target property and the adjacent properties are not listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There are no known or potential hazardous waste sites identified within one mile of the Site. The Executive Summary of the EDR report is included in Appendix D. 5.0 Implementation Plan The project design will restore high quality riparian buffers to two unnamed tributaries to the Tar River. The project will not have any adverse impacts to on-site wetlands; no grading activities will occur within jurisdictional wetland boundaries. Figure 6 depicts the planting plan for the Site. More detailed descriptions of the proposed restoration activitvy are found in Sections 5.1 through 5.3. 5.1 Parcel Preparation The land proposed for buffer restoration is currently in agricultural production. The planting rows will be ripped to improve soil compaction prior to planting in the upland areas shown in Table 8. Pre-emergent herbicide will be used in the tree rows to control potential herbaceous weed competition. Additional post planting herbicide will be used within the planting rows for at least the first three years as needed. The fields within the project area contain limited number of invasive plants and herbicide will only be sprayed in areas where there is an existing population of non-native invasive plant species. In the event that drain tiles are found during construction, they will be removed. 5.2 Riparian Buffer Restoration Activities The revegetation plan for the buffer restoration area will include permanent seeding in the active farming areas. Seeding will not be applied to areas with an existing native herbaceous layer, primarily the jurisdictional wetland areas. The Site will be planted to replicate a Coastal Plain Small Stream Swamp (blackwater subtype) community with two planting zones, floodplain and mesic. Proposed tree species are shown in Table 8. Boseman Buffer Mitigation-Mitigation Plan Page 11 DMS No: 100119 DMS Final November 2019 Table 8: Proposed Species List Scientific Name Common Name Planting Zone Approximate Percentage Nyssa biflora Water tupelo Floodplain 10% Platanus occidentalis Sycamore Floodplain 10% Betula nigra River birch Floodplain 10% Nyssa sylvatica Blackgum Both 15% Quercus laurifolia Laurel oak Both 10% Fraxinus pennsylvanica Green ash Floodplain 5% Salix nigra Black willow Floodplain/Live stake 5% Liriodendron tulipifera Tulip poplar Mesic 30% Ilex opaca American holly Mesic 10% Carpinus caroliniana American hornbeam Mesic 15% Quercus nigra Water oak Both 10% Quercus phellos Willow oak Both 10% Quercus lyrata Overcup oak Floodplain 10% Cornus amomum Silky dogwood Floodplain/Live stake 5% Sorgastrum nutans Indian grass Permanent Seed Mixture N/A Agrostis alba Redtop Permanent Seed Mixture N/A Andropogon geradii Big bluestem Permanent Seed Mixture N/A Panicum virgatum Switchgrass Permanent Seed Mixture N/A Setaria italica Foxtail millet Temporary Seed Mixture N/A Pennisetum glaucum Pearl top millet Temporary Seed Mixture N/A Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. A density of approximately 600-800 trees per acre is proposed for the initial planting. No one tree species will be greater than 50% of the established stems. An appropriate temporary seed mix will also be applied as necessary to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events. Temporary seed mix species are found in Table 8. This will be followed by an appropriate permanent seed mixture. Vegetation management and herbicide applications may be needed to prevent competition of invasive species with the planted species. Planting is scheduled to begin in January 2020. 5.3 Determination of Credits Mitigation credits shown in Table 9 and Figure 7 are based on surveyed top of banks of the unnamed tributaries and conservation easement. All areas within 115 linear feet of the top of bank will be planted and counted as a buffer mitigation unit. Boseman Buffer Mitigation-Mitigation Plan Page 12 DMS No: 100119 DMS Final November 2019 Table 9: Riparian Buffer Assets Reach ID Buffer Width Creditable Area (sq.ft.) Credit Ratio Buffer Mitigation Units (BMUs) UT 1 30’-100’ 484,071 1:1 484,071.000 101’-200’ 6,497 3.03030:1 2,144.012 UT 2 Reach 2a (Ephemeral)* 30’-100’ 78,508 1:1 78,508.000 101’-200’ 82 3.03030:1 27.060 UT 2 Reach 2b 30’-100’ 52,640 1:1 52,640.000 101’-200’ 12 3.03030:1 3.960 Total 621,810 617,394.032 *Creditable area on ephemeral channel is 12.6% of the total creditable mitigation area and is in compliance with 15A NCAC 02B.0295(o)(7) which limits the mitigation area on ephemeral channels to no more than 25% of total mitigable area. 6.0 Montoring Plan The Site monitoring plan was developed to demonstrate that the required performance standards are met and project goals and objectives are achieved. The monitoring report shall provide project data and chronicle issues that arise during the five-year montiroing period. These reports will assists in population of DMS databases and assist in the close-out process. Table 10 summarizes the proposed monitoring plan components associated with this project. Table 10: Monitoring Plan Components Success Criteria Monitoring Protocol Reaches Quantity Frequency Vegetation CVS Level I/Photos All 12 Annual Reference Stations Photos All 10 Annual Visual Assessments Visual Assessment/Photos All As needed Semi-annual 7.0 Success Criteria The success criteria for the Project follow approved cirteria presented in the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual monitoring and semi-annual site visits will be conducted to assess the condition of the finished project. Performance criteria will be evaluated throughout the five-year post-construction monitoring period. 7.1 Vegetation The Consolidated Buffer Rule (15A NCAC 02B .0295) requires survival of at least 260 stems per acre at the end of a five year monitoring period. Twelve vegetation monitoring plots will be placed throughout the Site to document tree survivial. Vegetation monitoring will follow the CVS-EEP Protocol for Recording Vegetation (2008). 7.2 Photo Reference Stations Photographs of vegetation plots will be taken each year and there will be an additional ten photographs taken to document stream condition and easement integrity. These photos will be taken at the same location and direction each year. Boseman Buffer Mitigation-Mitigation Plan Page 13 DMS No: 100119 DMS Final November 2019 7.3 Visual Assessments Visual assessments will be performed twice a year during the five years of monitoring. Areas of concern, low stem density, invasive species or easement encroachment, will be mapped and photographed and described in the monitoring report. Problem areas will be re-evaluated during subsequent site visits. 7.4 Reporting Performance Criteria A baseline monitoring document and record drawing depicting deviations from the proposed planting to the actual planting will be provided. Annual monitoring reports will use the DMS Riparian Buffer and Nutrient Offset Baseline and Annual Monitoring Report Template version 2.0 (May 2017). The monitoring reports will be submitted to DMS in the fall of each year for a total of five years or until performance criteria have been met. 7.5 Maintenance and Contingency Plans Actions will be taken to correct issues identified in the annual monitoring reports that jeopardize the success of the project. If required, additional hardwood trees will be planted, invasive species will be controlled, and additional signage will be installed. These are examples and others may become necessary through the five-year monitoring period. 8.0 Stewardship The Site will be transferred to the NCDEQ Stewardship Program. The Stewardship Program shall serve as the conservation easement holder and long-term steward for the property and conduct inspections of the Site to determine whether the conservation easement is being upheld. The NCDEQ Stewardship Program is developing an endowment system within the non-reverting, interest-bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statue GS 113A-232(d)(3). Interest gained by the endowment fund may be used for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The Stewardship Program will be responsible for maintaining signage to identify the conservation easement boundary. No fencing is planned for this project. The draft Site Protection Instrument can be found in Appendix B. Boseman Buffer Mitigation-Mitigation Plan Page 14 DMS No: 100119 DMS Final November 2019 9.0 References 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. 2015. N.C. Department of Environmental Quality. Division of Mitigation Services. 2018. Tar-Pamlico River Basin Restoration Priorities. N.C. Department of Natural and Cultural Resources. N.C. State Historic Preservation Office. 2018. (http://gis.ncdcr.gov/hpoweb/) (Accessed January 3, 2019) N.C. Floodplain Mapping Program. 2018. N.C. Flood Risk Information System. (https://fris.nc.gov/fris/Home.aspx?ST=NC) (Accessed January 3, 2019) U.S. Census Bureau. 2018. QuickFacts, Edgecombe County, North Carolina. Updated 1 July, 2018 (https://www.census.gov/quickfacts/fact/dashboard/edgecombecountynorthcarolina/PST045218 ) U.S. Department of Agriculture. Natural Resources Conservation Service. 1979. Soil Survey of Edgecombe County, North Carolina. U.S. Department of Agriculture. Natural Resources Conservation Service. 2018. Web Soil Survey. (https://websoilsurvey.nrcs.usda.gov/app/). (Accessed January 2, 2019) U.S. Fish and Wildlife Service, 2018. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Edgecombe County, North Carolina. Updated 27 June 2018. (https://www.fws.gov/raleigh/species/cntylist/edgecombe.html) U.S. Geological Survey. 2013. Hartsease. 1:24,000. North Carolina Topographic Quadrangle (7.5- minute series). Reston, VA: U.S. Department of the Interior, USGS, 2013. U.S. Geological Survey. 2018. StreamStats. (https://streamstats.usgs.gov/ss/) (Accessed January 3, 2019) Vicinity MapBoseman Buffer Mitigation SiteTar-Pamlico 03020101Edgecombe County, North CarolinaOctober 2019³2013 Hartsease USGS Quadrangle1,20001,200600FeetLegendParcel BoundaryConservation Easement 14.9 acresFigure1 NC Center for Geographic Information & AnaylsisExisting Conditions Boseman Buffer Mitigation SiteTar-Pamlico 03020101Edgecombe County, North CarolinaOctober 2019³2017 Aerial from NCOneMap2000200100FeetLegendConservation Easement 14.9 acresUT 1 (At Least Intermittent)UT 2 Reach 2a (Ephemeral)UT 2 Reach 2b (At Least Intermittent)Figure2 NC Center for Geographic Information & AnaylsisDrainage Area MapBoseman Buffer Mitigation SiteTar-Pamlico 03020101Edgecombe County, North CarolinaOctober 2019³2017 Aerial from NCOneMap, Drainage Areas from StreamStats7000700350FeetLegendConservation Easement 14.9 acresReach 2, Downstream Drainage AreaReach 1, Downstream Drainage AreaFigure3Stream Form 2Stream Form 1Stream Form 3 Soil SurveyBoseman Buffer Mitigation SiteTar-Pamlico 03020101Edgecombe County, North CarolinaOctober 2019³1979 Printed NRCS Soil Survey of Edgecombe County, Map Sheets 9 & 137000700350FeetLegendConservation Easement 14.9 acresFigure4 Historic 1955 AerialBoseman Buffer Mitigation SiteTar-Pamlico 03020101Edgecombe County, North CarolinaOctober 2019³1955 Aerial from USGS Earth Explorer5000500250FeetLegendConservation Easement 14.9 acresFigure5 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityPlanting PlanBoseman Buffer Mitigation SiteTar-Pamlico 03020101Edgecombe County, North CarolinaOctober 2019³2017 Aerial from NCOneMap2000200100FeetLegendConservation Easement 14.9 acresFloodplain Planting Zone 2.7 acresMesic Planting Zone 11.5 acresFigure6 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User CommunityBuffer Credit DeterminationBoseman Buffer Mitigation SiteTar-Pamlico 03020101Edgecombe County, North CarolinaOctober 2019³2017 Aerial from NCOneMap200 0 200100FeetLegendUT 1 (At Least Intermittent)UT 2 Reach 2a (Ephemeral)UT 2 Reach 2b (At Least Intermittent)3:1 Credit Area 6,590 sq.ft. 2,175.032 BMUs1:1 Credit Area 615,219 sq.ft. 615,219.000 BMUsFigure7 APPENDIX A ROY COOPER Coverno+ MICHAEL S. REGAN se Crelar5• LINDA CULPEPPER Director Eca Terra Partners, LLC Attention: Ted Griffith 1117 Peachtree Walk NE, Suite 126 Atlanta, GA 30309 NOPTH CAROLINA Environmentai Quality July 9, 2019 DWR Project # 2019-0800 V2 Edgecombe County Subject: On -Site Determination for Applicability to the Tar -Pamlico Buffer Rules (15A NCAC 02B .0259) Project Name: Baseman Buffer Mitigation Site Parcel ID Number: 388038633500; PIN 3880-38-6335 Address/ Location: 7488 NC 97, Battieboro, NC 27809, Edgecombe County Lat. 35.963791, Long.-77.703655 Stream(s) Evaluated: Unnamed Tributaries to Tar River, Classified as C; NSW Determination Date: 6/14/2019 Staff DWR, Shelton Sullivan Dear Mr. Griffith, On June 14, 2019, Shelton Sullivan of the Division of Water Resources (DWR) Central Office conducted an on -site review of features located on the subject property at the request of Ted Griffith of Eco Terra Partners, LLC. The purpose of the inspection was to determine the presence or absence of streams on the site and their ephemeral / intermittent/ perennial (E/l/P) characteristics and transition points and the applicability of the Tar -Pamlico Riparian Area Protection Rules (15A NCAC 02B .0259) within the proposed project easement. The enclosed maps depict the Features evaluated and this information is also summarized in the table below. Streams that are "Subject" are shown on the most recently published NRCS Soil Survey of Edgecombe County and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) maps, have been located on the ground at the site, and possess characteristics that qualify them to beat least intermittent streams. Features that are "Not Subject" are not depicted on the required maps, not present on the property, or have been determined to not be at least intermittent. N o r I I i Carolina Uepai invent of Environmental Qua lily I [iivision of Waler Resources 512 Nortli Salisbw y 5"el 1 1617 Mail Service Center I Raleigh, North Carolina 27699-Ibli pw�.nar emwa�.r.m ow�nr` r 914 7079000 DWR #20190$C0 V2 Boseman Buffer Mitigation Site Edgecombe County Page 2 of 3 Please note that there may be other streams or Features located on the property beyond the proposed project easement that may be subject to the Tar -Pamlico Riparian Area Protection Rules, considered jurisdictional according to the US Army Corps of Engineers, and subject to the Clean Water Act. See the following table for the features rated during the DWR site visit: Feature 1D Feature Type *E/1'P Subject to Start @ Stop CO) Depicted on Depicted on Other Buffer Rules Soil Survey USGS Tv o Labeled as R1 on aerial map Continues "I" at provided, at downstream R1 Stream least Yes northwestern to the eastern Yes Yes project project boundary boundary Labeled as R2A Continues to on aerial map the flagged "E" provided, the point 112g R2A Stream No southwestern to rn where the Yes Yes project stream boundary becomes intermittent Labeled RZB on Continues RZB Stream 1 at Yes aerial map downstream Yes Yes least provided to confluence with RI Stream Labeled R3 on (not in the aerial map Continues R3 current 1" at Yes provided; Begins downstream yes Yes proposed least on the eastern to confluence project side of the main with 111 houndspath * E: Ephemeral, 1: Intermittent P: Perennial 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 DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: DWR- 401 & Buffer Permitting Branch c/o Karen Higgins 1617 Mail Service Center Raleigh, NC 27699-1617 if sending via delivery service (UPS, Fed Ex, etc.) DWR- 401 & Buffer Permitting Branch c/o Karen Higgins 512 N Salisbury St Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) calendar days. DWR #20190800 V2 Baseman Buffer Mitigation Site Edgecombe County Page 3 of 3 This letter only addresses the stream features on the subject property and within the proposed easement and the applicability of the buffer rules and does not approve any activity within buffers or within waters of the state. If you have any additional questions or require additional information, please call Shelton Sullivan at (919) 707-3636. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch Enclosures. Photographs with Description; Site Map, Soil Survey, USGS Topo cc: Joel Boseman, P.G, Box 550, Battleboro, NC 27809 Joel Boseman via email bosemariforms ahoo.com Ted Griffith, Eco Terra Partners, LLC via email ted@ecoterra.com 401 & Buffer Permitting Branch files Filename: 20190800V2_eoseman_Edgecombe 5treamCalls.docx Boseman Buffer Mitigation Site Photographs, 6-14-2019 [continued] R2B; E hemeral to Intermittent transition point Confluence of R2B and Rl R3 confluence with Rl �j k -- oq Legend i Reach 1, Intermittent �- �1. Stream Centerline (Ephemeral) -• Stream Centerline (Intermittent) y y Conservation Easement Option 1 Parcel Boundary .,_ r f - Edgecombe County 2-Foot -- Contours Reach 2h, Intermittent Reach 2a, Ephemeral r Ar � 'I , N;Cs Center far Geographic Information ;Aft, :yl`s s� Existing Conditions Boseman Buffer Mitigation Site N �� Tar -Pamlico 03020101 200 100 0 200 ~� Edgecombe County, North Carolina Figure eo terrab� January 2019 Feet 2017 Aerial from NCOneMap 13 m R ROY COOPER Govemor MICHAEL S. REGAN Secretary LINDA CULPEPPER alrroar Ted Griffith Eco Terra Partners, LLC 1117 Peachtree Walk NE, Suite 126 Atlanta, GA 30309 (via electronic mail: TedttEcoTerra.coni) NORTH CAROLINA Environmental Quality July 17, 2019 DWR# 2019-0800 Edgecombe County Re: Site Viability for Buffer Mitigation & Nutrient Offset — Boseman Site Located near 8019-7621, NC 97, Battleboro, NC Tar -Pamlico 03020I01 Dear Mr. Griffith, On June 7.2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from Eco Terra Partners, LLC (ETP) for an onsite mitigation determination near the above - referenced site (Site). The Site is located within the Tar -Pamlico River Basin in the 8-digit Hydrologic Unit Code 03020101. The Site is being proposed as part of full -delivery nutrient offset and riparian buffer mitigation project for the Division of Mitigation Services (RFP #16-007711). Staff from the Division of Mitigation Services were also present onsite. At your request, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams and channels onsite, which are shown on the attached map labeled "Figure 1 B-Existing Conditions". 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) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature W55]Ification ISubject Riparian Land uses Buffer ?Nutrient SMitigation Tyke Determination wlin riparian areas onsite ter adjacent to Feature Credit Offset Buffer(0 200,) Viable Viable Rule Rl Stream Yes Non -forested row crop fields 'Yes Yes (non- Non -forested areas - Restoration with areas forested forested ag Site per 15A NCAC 02B .0295 (n) downstream @ confluence w/ fields only) R3 Forested Areas - Preservation Site per 15A NCAC 02B .0295 (o)(5) Drain tiles shall be removed to restore diffised flow R2A Ephemeral No Non -forested row swop fields 'Yes Yes Restoration Site per I5A NCAC 02B .0295 (o)(7) North Carollm. Department of knvirtnonental Quality I division of Water Resources e:!r5fDF 512 North Salisbury Street 1 107 Mail Servloe Center I Ralrlgh. Nu+tfr r arullna �7h99 lhlT 919.707-9000 Baseman Site Bco Terra July 17, 2019 Feature Clilssilication t b-ect Riparian Land use Buffer z Nutrient sMiti ation Type Determinatiou to Offset wjin_riparian areas DDSAe adiacent to Peature Credit Buffer 0[ 200') VViabl YOM Bilk R213 Stream Yes Non -forested row crop fields Yes Yes Restoration Site per 15A NCAC 02B .0295 (n) R-3 Stream Yes Non -forested row crop fields Yes Yes Restoration Site per 15A NCAC 02B .0295 (n) 'Subjectivity calls for the features were determined by DWR in correspondence dated July 9, 2019 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 . NC Division of Writer Resources - Methodolopv and Calculations for determining Nutrient Reductions associated with Riparian Bi&r Establishment Inc 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 I SA NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this 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). 'All features proposed for buffer mitigation or nutrient offset, must have a conservation easemcni established that includes the tops of channel banks when being measured perpendicular and landward from the banks, even when no credit is viable within the 50' riparian butler. The maps attached to this letter were prepared by ETP and were initialed by Ms. Merritt on July 17. 2019. 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 DVVR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must fallow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. Page 2 of 3 Boseman Site Bco Terra July 17, 2019 This viability assessment will expire on July 17, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. Sincerely, e7 L Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAI l&m Attachments: Figure ] B-Existing Conditions Map/Stream Determination cc: File Copy (Katie Merritt) Jeff Schaffer- DMS ( via electronic mail) Page 3 of 3 APPENDIX B NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 1 of 11 DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT STATE OF NORTH CAROLINA EDGECOMBE COUNTY SPO File Number: 33-UK DMS Project Number: 100119 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 17th day of October, 2019, by Joel M. Boseman, (“Grantor”), whose mailing address is PO Box 550 Battleboro, NC 27809, 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 protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 2 of 11 WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Eco Terra Partners LLC whose mailing address is 1117 Peachtree Walk NE Atlanta, GA 30309 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 7872. 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 8th 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 WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township NO. 7, Edgecombe County, North Carolina (the "Property"), and being more NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 3 of 11 particularly described as that certain parcel of land containing approximately 277.49 acres and being conveyed to the Grantor by deed as recorded in Deed Book 1640 at Page 0667 of the Edgecombe 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 two unnamed tributaries to the Tar River 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 3880-38-6335 containing a total of 14.919 acres as shown on the plats of survey entitled “Final Plat, Conservation Easement for North Carolina Division of Mitigation Services, Project Name: Boseman Buffer Mitigation Site, SPO File No. 33-UK, EEP Site No. 100119, Property of Joel M. Boseman,” dated ___________, 2019 by Timothy P. Murray, PLS Number L-4833 and recorded in the Edgecombe 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: I. 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. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 4 of 11 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. All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 5 of 11 I. 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. 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 NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 6 of 11 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 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 NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 7 of 11 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. MISCELLANEOUS 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 obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 8 of 11 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. 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 NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 9 of 11 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 10 of 11 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. ___________________________________ (SEAL) NORTH CAROLINA COUNTY OF EDGECOMBE I, _____________________________, a Notary Public in and for the County and State aforesaid, do hereby certify that Joel M. Boseman, 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 ___________________, 2019. ________________________________________ Notary Public My commission expires: ______________________________ NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 11 of 11 Exhibit A [INSERT LEGAL DESCRIPTION] I, TIMOTHY P. MURRAY, Professional Land Surveyor L-4833, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed description recorded in Book 1640, page 667; that the boundary lines not surveyed are shown as bold dashed lines; that the ratio of precision as calculated is 1: 20,000+ ; that this plat was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, registration number and seal this Xth day of October, A.D., 2019. ____________________________________________________ , PLS L-4833 a. That the survey creates a subdivision of land within the area of a county or municipality that has an ordinance that regulates parcels of land. b. That the survey is located in a portion of a county or municipality that is unregulated as to an ordinance that regulates parcels of land. c. Any one of the following: 1. That the survey is of an existing parcel or parcels of land or one or more existing easements and does not create a new street or change an existing street. For the purposes of this subsection, an "existing parcel" or "existing easement" is an area of land described in a single, legal description or legally recorded subdivision that has been or may be legally conveyed to a new owner by deed in its existing configuration. 2. That the survey is of an existing feature, such as a building or other structure, or natural feature, such as a watercourse. General Assembly Of North Carolina Session 2017 House Bill 454*-Second Edition Page 5 3. That the survey is a control survey. For the purposes of this subsection, a "control survey" is a survey that provides horizontal or vertical position data for support or control of other surveys or for mapping. A control survey, by itself, cannot be used to define or convey rights or ownership. 4. That the survey is of a proposed easement for a public utility as defined in G.S. 62-3. d. That the survey is of another category, such as the recombination of existing parcels, a court-ordered survey, or other exemption or exception to the definition of subdivision. e. That the information available to the surveyor is such that the surveyor is unable to make a determination to the best of the surveyor's professional ability as to provisions contained in (a) through (d) above.   ___________________________________________ , PLS L-4833 APPENDIX C 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. Part 1: General Project Information Project Name: County Name: DMS Number: Project Sponsor: Project Contact Name: Project Contact Address: Project Contact E-mail: DMS Project Manager: Project Description 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 Boseman Buffer Site Edgecombe County 100119 Eco Terra, LLC Ted Griffith 1117 Peachtree Walk NE, Suite 126, Atlanta, GA 30309 ted@ecoterra.com Lindsay Crocker The Boseman Buffer Site is a riparian buffer restoration project located approximately 6.5 miles northeast of Rocky Mount in western Edgecombe County. Historically the site has been used for agriculture. The project includes planting approximately 610,000 square feet of riparian buffer along two unnamed tributaries to the Tar River, in Tar River Basin (03020101). 8/2/2019 Part 2: All Projects 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 Environmental Concern (AEC)? Yes 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 Program? Yes No N/A Comprehensive Environmental Response, Compensation and Liability 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 designated as commercial or industrial? Yes No N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? Yes No N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? Yes No N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous waste sites within the project area? Yes 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 Historic Places in the project area? Yes 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: * prior to making an offer that the agency does not have condemnation authority; and * what the fair market value is believed to be? Yes No N/A X X X X X X X X X X X X X X X X X Part 3: Ground-Disturbing Activities 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 Cherokee Indians? Yes 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 Places? Yes 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 of antiquity? 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 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 Endangered Species Act (ESA) 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat listed for the county? Yes 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 Habitat? Yes No N/A 4. Is the project “likely to adversely affect” the specie and/or “likely to adversely modify” Designated Critical Habitat? Yes 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 X X X X X X X X X X X X X X X X X X Executive Order 13007 (Indian Sacred Sites) 1. Is the project located on Federal lands that are within a county claimed as “territory” by the EBCI? Yes No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed project? Yes No N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred sites? Yes 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 important farmland? Yes 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 water body? Yes 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, outdoor recreation? Yes 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 project on EFH? Yes No N/A 4. Will the project adversely affect EFH? Yes No N/A 5. Has consultation with NOAA-Fisheries occurred? Yes No N/A Migratory Bird Treaty 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 federal agency? Yes No N/A X X X X X X X X X X X X X X X X X X X \\vhb\gbl\proj\Raleigh\39077.02 EcoTerra_Boseman_Site\docs\VARIOUS\Categorical Exclusion\CE_Summary_Draft.docx Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides a Federal “Superfund” to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. An EDR Radius Map Report with Geocheck was ordered for the site through Environmental Data Resources, Inc on June 7, 2019. The subject property and adjacent properties were not listed on any Federal, State, or Tribal environmental databases queried by EDR. The assessment showed no evidence of “recognized environmental conditions” associated with the target property. The EDR Executive Summary is included in the Appendix. The entire report is available upon request. National Historic Preservation Act (Section 106) The National Historic Preservation Act declares a national policy of historic preservation to protect rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, history, archaeology, and culture, and Section 106 mandates that the federal agencies take into account the effect of an undertaking on a property that is included in, or is eligible for inclusion in, the National Register of Historic Places. The State Historic Preservation Office (SHPO) reviewed the project site at the request of Eco Terra with respect to any archeological and architectural resources related to the Boseman Buffer Mitigation Site. SHPO responded in a letter dated July 12, 2019, stating they “are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed.” The Section 106 correspondences are included in the Appendix. Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) These acts, collectively known as the Uniform Act, provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally-assisted programs, and establish uniform and equitable land acquisition policies. The Boseman Buffer Mitigation site is a full-delivery project that includes land acquisition. Notification of the fair market value of the project property and the lack of condemnation authority by Eco Terra was provided to the landowner in a letter dated July 10, 2019. A copy of the letter is included in the Appendix. 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. \\vhb\gbl\proj\Raleigh\39077.02 EcoTerra_Boseman_Site\docs\VARIOUS\Categorical Exclusion\CE_Summary_Draft.docx The official USFWS Information for Planning and Consultation (IPaC) species for the study are lists two federally listed species, red-cockaded woodpecker (Picoides borealis) and Tar River spinymussel (Elliptio steinstansana), and three species proposed for federal listing, Neuse River waterdog (Necturus lewisi), Carolina madtom (Noturus furiosus), and Atlantic pigtoe (Fusconaia masoni). Additionally, the USFWS website lists one species, bald eagle (Haliaeetus leucocephalus) protected under the Bald and Golden Eagle Protection Act (BGPA). The project site contains marginally suitable habitat for the bald eagle. A pedestrian survey was conducted on June 3, 2019 within areas with suitable habitat. No bald eagle nests were observed during the survey. Suitable habitat does not exist within the project for the remaining listed species. A self-certification letter was submitted by VHB to the USFWS on August 1, 2019. VHB has not received any comments at the time of this writing about the proposed biological conclusions. A copy of the self-certification submittal and the confirmation of receipt email from USFWS are included in the Appendix. Farmland Protection Policy Act (FPPA) The FPPA requires that, before taking or approving any federal action that would result in conversion of farmland, the agency must examine the effects of the action using the criteria set forth in the FPPA, and if there are adverse effects, must consider alternatives to lessen them. The Boseman Buffer Mitigation Site includes conversion of prime farmland. The AD-1006 Form was completed and submitted to the Natural Resources Conservation Service (NRCS). The completed form and correspondence documenting the submittal is included in the Appendix. Fish and Wildlife Coordination (FWCA) The FWCA requires consultation with the USFWS and appropriate state wildlife agency on projects that alter or modify a water body. Reports and recommendations prepared by these agencies document project effects on wildlife and identify measures that may be adopted to prevent loss or damage to wildlife resources. The Boseman Buffer Mitigation Site includes riparian buffer restoration. There will be no in-channel work completed as a part of this project. VHB requested comment on the project from the NC Wildlife Resources Commission (NCWRC) and USFWS. The Wildlife Resources Commission (WRC) provided comments about including sediment and erosion control measures, and wider buffers than required by NCDWR are preferred in areas with listed species. A copy of the letters and email correspondence are included in the Appendix. Migratory Bird Treaty Act (MBTA) The MBTA makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import, or export any 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 a taking. VHB requested comment for the Boseman Buffer Mitigation Site from the USFWS regarding the MBTA. The USFWS has not responded at this time. All correspondence with the USFWS is included in the Appendix. APPENDIX D FORM-LBD-CCA ®kcehCoeG htiw tropeR ™paM suidaR RDE ehT 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com Boseman Buffer Site 7620 NC 97 Rocky Mount, NC 27801 Inquiry Number: 5676457.2s June 07, 2019 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 GR-1 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-12 Physical Setting Source Map Findings A-14 Physical Setting Source Records Searched PSGR-1 TC5676457.2s Page 1 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. TABLE OF CONTENTS EXECUTIVE SUMMARY TC5676457.2s EXECUTIVE SUMMARY 1 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 7620 NC 97 ROCKY MOUNT, NC 27801 COORDINATES 35.9645470 - 35˚ 57’ 52.36’’Latitude (North): 77.7056290 - 77˚ 42’ 20.26’’Longitude (West): Zone 18Universal Tranverse Mercator: 256004.8UTM X (Meters): 3983200.8UTM Y (Meters): 59 ft. above sea levelElevation: USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY 5944948 HARTSEASE, NCTarget Property Map: 2013Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 20140521Portions of Photo from: USDASource: 5676457.2s Page 2 NO MAPPED SITES FOUND MAPPED SITES SUMMARY Target Property Address: 7620 NC 97 ROCKY MOUNT, NC 27801 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID DATABASE ACRONYMS ELEVATION DIRECTIONSITE NAME ADDRESS EXECUTIVE SUMMARY TC5676457.2s EXECUTIVE SUMMARY 3 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 EXECUTIVE SUMMARY TC5676457.2s EXECUTIVE SUMMARY 4 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 EXECUTIVE SUMMARY TC5676457.2s EXECUTIVE SUMMARY 5 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 EXECUTIVE SUMMARY TC5676457.2s EXECUTIVE SUMMARY 6 US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES Mines Master Index File ABANDONED MINES Abandoned Mines FINDS Facility Index System/Facility Registry System 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 not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. EXECUTIVE SUMMARY TC5676457.2s EXECUTIVE SUMMARY 7 There were no unmapped sites in this report.