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HomeMy WebLinkAbout20160977 Ver 2_BPDP for PN_20191126ID#* 20160977 Version* 2
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 11/26/2019
Mitigation Project Submittal - 11/26/2019
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:*
Jamey McEachran
Project Information
..................................................................................................................................................................
ID#:* 20160977
Existing IDY
Project Type: r DMS r Mitigation Bank
Project Name: Bucher Bank Parcel
County: Durham
Document Information
Email Address:*
jameyred@gmail.com
Version:
*2
Existing Version
Mitigation Document Type:*
Mitigation Plans
File Upload: Bucher _BPDP_FINAL.pdf 26.65MB
Rease upload only one RDFcf the conplete file that needs to be subnitted...
Signature
Print Name:* Jamey McEachran
Signature:*
M E M O R A N D U M
fires
302 Jefferson Street, Suite 110 Raleigh, North Carolina 27605 919.209.1052 tel. 919.829.9913 fax
TO: Katie Merritt, NCDWR
FROM: Jamey McEachran and Brad Breslow - RES
DATE: November 26, 2019
Response to the DRAFT Bucher Bank Parcel Development Package Comments
received from NCDWR
DWR Project Number: 2016-0977v2
Page 3, paragraph above Table 1 — clarify that the 1,380,266 ft2 is before ratios and %
reductions, such that it isn't suggestive that this is the amount of the buffer mitigation being
generated.
Some clarifying language has been added to the paragraph above Table 1. In parenthesis,
the statement "before ratios and percent reductions have been applied" has been added to
the sentence to clarify that the 1,380,266 ft2 is not the buffer mitigation credit being
generated.
2. Section 3.5 — DWR requests that EBX consider planting an annual & perennial seed mix
(in addition to the other riparian/wetland seed mix) that includes pollinator -rich seedlings
to enhance the ecological uplift of the riparian areas' as well as provide a nice herbaceous
layer to the pond bottom. This request is a comment being provided by DWR in all buffer
planting plans at this time.
RES appreciates DWR requests and will do our best to include pollinator -rich seedlings in
our seed mixture. At this time, we have included eastern swamp milkweed, purple stemmed
aster, peckerelweed, and showy tickseed sunflower/burma igold along with our typical
riparian/wetland seed mix to the planting plan for the seeding of the Petty's Lake footprint.
As we do not buy the seed mix until closer to the actual date of construction the actual seeds
that are bought will be dependent on the alignment of the germination and time period of
seeding along with the availability and cost at the time. RES will continue to consider this
request in all future projects.
3. Page 12, regarding the planting plan and Tree Planting List — There isn't a planting plan
represented in the BPDP. However, can you include Figure 11 from the Stream Plan and
reference it here?
Figure 11 from the Stream Plan has been added to this plan as Figure 12 — Planting Plan
and is referred to in Section 3.5.
4. There are slight differences between this planting list than what is provided in Figure 11
for the pond bottom area (Planting Zone 2). It's noted as a Piedmont Alluvial Forest (Zone
2) on the stream Plan, but as a Piedmont Bottomland/HW forest in the BPDP. Explain.
The Final Planting Plan of the Bucher Stream Mitigation Project has the Piedmont
Bottomland/Headwater Forest as the target community within the pond footprint and
should be reflected in the most up to date Figure 11 within that plan. The pond bottom in
both plans should be the Zone 1 — Piedmont Bottomland/Headwater Forest.
5. Add a column to the Table 4 showing Canopy/SubCanopy and identify each species as one
or the other.
In Table 4, a column showing canopy/subcanopy has been added and identified for each
species.
Section 3.6 — commit to installing all easement boundaries, include placards with Long
term steward contact information before the submittal of the As -Built report.
In Section 3.6 the sentence `Boundary markers will be installed with the contact
information of the long-term steward before the submittal of the As -Built report." has been
added.
7. Section 4.1 — add a statement that monitoring data will not be collected until at least 5
months post planting and seeding.
In Section 4.1 "Monitoring Protocol and Success Criteria", the sentence "The first year of
monitoring will not be conducted until at least five months have passed since the planting
and seeding of the buffer was completed." has been added to ensure that data is not
collected until at least 5 months post planting and seeding.
Figure 8 — There is a slight yellow/orange coloring around the upper section of BU3 that
doesn't match the other shading. What is this area representing?
In Figure 8, the slight yellow/orange coloring is a result of the transparency of this layer
with the imagery behind it. This area is the same "Stream Credit for Additional Buffer
(51-150') but the stark contrast between the pond bottom and the leafless tree section in
this area of the pond shoreline makes it appear a different color. These same layers are
shown in Figure 7 without imagery behind them and it is clear there that there is no
difference in this area.
Figure 12 — add the stream names to this map
Figure 12 - Monitoring Plan has been changed to Figure 13 — Monitoring Plan in order
to add the Planting Plan as Figure 12. The Figure 13 (Monitoring Plan) has been updated
to show the stream names on this map.
Bank Parcel Development Plan
Bucher Mitigation Project
DWR Project #: 2016-0977 version 2
November 2019
Upper Falls Lake Watershed I Neuse River Basin HUC 03020201
Durham County, North Carolina
Prepared By: Prepared For:
Resource Environmental Solutions, LLC NC Department of Environmental Quality
For Environmental Banc & Exchange — Neuse I, LLC Division of Water Resources
302 Jefferson Street, Suite 110 1652 Mail Service Center
Raleigh, NC 27605 Raleigh, NC 27699-1652
TABLE OF CONTENTS
1 MITIGATION PROJECT SUMMARY.........................................................................................I
1.1 Project Location.........................................................................................................................1
1.2 Project Overview........................................................................................................................1
1.2.1 Parcel Ownership...............................................................................................................3
1.3 Existing Conditions....................................................................................................................4
1.3.1 Surface Water Classification..............................................................................................
4
1.3.2 Physiography and Soils......................................................................................................
4
1.3.3 Wetlands.............................................................................................................................
S
1.3.4 Landscape Communities.....................................................................................................
S
1.3.5 Existing Conditions Photos................................................................................................
6
2 REGULATORY CONSIDERATIONS..........................................................................................8
2.1 Threatened and Endangered Species..........................................................................................
8
2.2 Cultural Resources.....................................................................................................................9
2.3 Federal Emergency Management Agency (FEMA)/ Hydrologic Trespass.................................9
3 RIPARIAN RESTORATION AND PRESERVATION IMPLEMENTATION PLAN ...........10
3.1 Site Preparation........................................................................................................................10
3.2 Methods....................................................................................................................................10
3.3 Riparian Restoration Activities................................................................................................11
3.4 Riparian Preservation Activities...............................................................................................11
3.5 Planting Plan ............................................................................................................................11
3.6 Easement Boundaries...............................................................................................................12
4 MONITORING PLAN..................................................................................................................12
4.1 Monitoring Protocol and Success Criteria................................................................................12
4.2 Adaptive Management Plan and Parcel Maintenance...............................................................13
5 LONG-TERM MANAGEMENT PLAN......................................................................................14
6 FINANCIAL ASSURANCE..........................................................................................................14
7 MITIGATION POTENTIAL........................................................................................................15
8 REFERENCES...............................................................................................................................16
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site November 2019
FIGURES
Figure 1. Service Area Map
Figure 2. Project Vicinity Map
Figure 3. Existing Conditions Map
Figure 4. USGS Topographic Map
Figure 5a. Historical Map
Figure 5b. Historical Map
Figure 6. Stream Concept Design Plan Map
Figure 7. Buffer Zones
Figure 8. Conceptual Design Plan for Riparian Buffer Bank
Figure 9. Mapped Soils Map
Figure 10. NWI Map
Figure 11. FEMA Map
Figure 12. Planting Plan Map
Figure 13. Monitoring Plan Map
APPENDICES
Appendix A — NCDWR Stream Determination Letter and Mitigation Viability Letter
Appendix B — Conservation Easement Template
Appendix C — Preliminary Jurisdictional Determination Submittal
Appendix D — Agency Correspondence
nl
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site November 2019
1 MITIGATION PROJECT SUMMARY
Environmental Banc & Exchange Neuse I, LLC (EBX), an entity of Resource Environmental Solutions
(RES), is pleased to provide this Bank Parcel Development Plan (BPDP) for the Bucher Riparian Buffer
Mitigation Bank ("Parcel'). This Parcel is designed to provide riparian buffer mitigation credits for
unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey
(USGS) 8-digit Hydrologic Unit Code (HUC — 03020201) (Figure 1). This BPDP is in accordance with
the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and the Bucher Mitigation Banking
Instrument for Riparian Buffer Mitigation Credits (MBI), made and entered into by EBX-Neuse I, LLC
acting as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality -
Division of Water Resources (DWR). The BPDP has also been designed in concurrence with the Bucher
Stream Mitigation Site in the Neu -Con Stream and Wetland Umbrella Mitigation Bank (SAW# 2016-
01988). The draft mitigation plan for the Bucher Stream Mitigation Site has been reviewed by the North
Carolina Interagency Review Team (IRT) and is currently being finalized.
1.1 Project Location
The Bucher Mitigation Project (the Project) is in Durham County approximately seven miles northeast of
Durham, NC and can be accessed from Redwood Road, Cheek Road, and Creech Road (Figure 2). The
Project is located in the NC Division of Mitigation Services (DMS) Targeted Local Watershed (TLW)
Ellerbe Creek Hydrologic Unit (HU) 03020201050010 within the Upper Falls Lake Watershed (I0-digit
HUC 0302020104) and the NC Division of Water Resources (DWR) Subbasin 03-04-01 (Figure 1).
To access the Project, head north on Patterson Road from NC-98, take an immediate left onto Stallings
Road and continue onto Fletchers Chapel Road. In 1.3 miles take a right onto Redwood Road. The Project
will be on the right. The coordinates for the project are 36.035494 °N and-78.786872 'W.
1.2 Project Overview
This Project provides a unique opportunity to protect 92.7 acres of riparian habitat. The project easement
encompasses much of Rocky Branch (Reaches BU1 to MB3-C) including a large farm pond (Pettys Lake)
that forms the headwaters of Rocky Branch and seven of its tributaries that then drain into the Falls Lake
Reservoir a half mile downstream from the Project (Figure 3). There are two additional streams within
the project area, BU8 and CH7, in which will be protected but will not be considered project reaches as
due to future land use constraints just outside the easement. The total drainage area of the project is 614
acres (0.96 square miles) (Figure 4). The easement area around Pettys Lake is separated from the rest of
the easement by an existing 170-foot powerline easement. There are four additional easement breaks along
the project to allow for future land use. These easement breaks were meticulously coordinated with
potential developers and their engineers to reduce potential impacts to the stream corridor.
The Project is in an area that is primarily wooded with pockets of agricultural fields and low density
residential lots and is less than a half mile upstream from the Falls Lake Reservoir. Land use within the
Project is primarily historically timbered riparian forest and a large impoundment, Pettys Lake. Aerial
imagery indicates that the Project is in a historically rural watershed with limited low -density residential
development, small farms, and woodlands (Figure 5a and 5b). However, development pressure from
Durham is quickly reaching the Project watershed. The Project landowner is currently working with a
developer to plan a high -density residential neighborhood surrounding the project. Protection and
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 1 November 2019
restoration of the nutrient sensitive water and water supply IV Project streams that drain directly to the
Falls Lake Reservoir would provide a buffer against present and future stressors within the watershed.
The Project area is comprised of a contiguous easement area starting at downstream Reach (BU1) of Pettys
Lake (BU2, BU3, and BU4) and follows along Rocky Branch (BU6, BU7, BU9, MB 1, M133) until it flows
out of the easement area and drains into the Falls Lake Reservoir. The Project includes one main tributary
that flows into Rocky Branch (CHI, CH3, CH6, and CH8) and multiple unnamed tributaries off of these
main stems (BU10, BU11, CH2, MB2, MB4, and MB5). The easement is separated by a powerline
easement below Pettys Lake and three other proposed crossings designed to reduce the impacts of future
development (Figure 3). BU1 is a 338 linear feet intermittent channel that flows north into Pettys Lake.
The current riparian buffer is in fair condition and consists of young hardwoods and pines. BU2 correlates
to the southern finger of Pettys Lake and extends past reach BU3 to Pettys Lake Dam. Pettys Lake is an
impoundment approximately 12 acres in size and was constructed between 1961 and 1972. There is a thin
wooded buffer that borders the lake on all sides except along the dam. BU3 correlates to the western finger
of Pettys Lake, beginning at a farm path along the western project boundary and ending at Reach BU2.
There are two culverts located at the upstream end of the reach; one culvert acts as an outlet to the small
pond upstream of the farm path while the culvert to the north conveys flows under the path from a ditch
that parallels the small pond on the north. BU4 correlates to the northern finger of Pettys Lake and
confluences with proposed reach BU2 upstream of the existing dam. BU6 is a 980 linear feet perennial
stream that flows northeast beginning downstream of the Pettys Lake Dam and flows east past the active
spillway to its confluence with BU7. The portion of the reach between the dam and the active spillway
has been dislocated from the watershed by the dam. Though this area has a limited drainage area, it does
receive significant groundwater from the surrounding wetlands. The riparian buffer averages over 100 feet
wide along the entire reach and is composed of young hardwoods with localized areas of Chinese privet
(Ligustrum sinense). BU7 is 415 linear feet perennial channel that flows east beginning downstream of
BU6 and transitions to Reach BU9. BU9 is a 778 linear feet perennial channel. There are three intermittent
tributaries that drain into reach BU9; BU8, BU11, and BU10. BU8 and BUII flow south to confluence
with BU9, and BU10 flows north to confluence with BU9. BU9 eventually transitions into MB I, still a
perennial channel that flows northeast from BU9 past a confluence with CH8. MB1 extends 1,617 linear
feet through a pine and scattered hardwood forest and then transitions into MB3, a 3,119 linear feet
segment of stream, that flows east and is the most downstream reach of the project. Two intermittent
channels, MB4 and MB5, flow into the channel near the middle of the reach. At the most downstream end
of the project MB3 becomes the border of the easement. The other main perennial feature onsite begins at
Reach CHI and enters the project from the south and flows north for 822 linear feet before it transitions
to CH3 which meanders back and forth in and out of the project easement boundaries for 851 linear feet
before transitioning into CH6. CH4 is a small intermittent reach, 316 linear feet, that originates just outside
of the project easement and flows through a wetland to its confluence with CHI. Reach CH2 also flows
north into the project and confluences with CHI right as it transitions to CH3. CH6 continues flowing
north for 357 feet past its confluence with CH7, a 144 linear feet intermittent stream that originates just
outside the project easement boundaries. CH6 then transitions to CH8, a 1,796 linear feet perennial channel
that continues flowing north until it confluences with MB 1 through a predominately pine forest with a few
scattered hardwoods and localized areas of privet.
The goal of the Project is to restore and preserve ecological function to the existing stream and riparian
buffer by establishing appropriate plant communities while minimizing temporal and land disturbing
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 2 November 2019
impacts. A restored stream system and revegetation of the floodplain through an existing pond bottom and
the restoration and enhancement of the downstream stream channels will re-establish a connecting stream
and floodplain which will aid in filtering sediment and nutrients before entering the Falls Lake Reservoir.
Restoration and preservation of the Neuse River riparian buffer (as defined in 15A NCAC 02B .0233) is
anticipated to result in a reduction of the water quality stressors currently affecting the Project area:
impoundments, historic forestry activities, floodplain disconnection and, erosion of stream banks. This
Project is consistent with the management strategy for maintaining and protecting riparian areas in the
Falls Lake nutrient strategy as well as the 2009 Neuse River Basinwide Water Quality Plan and the Ellerbe
Creek Local Watershed Plan.
The Project involves restoring and preserving riparian buffers and their functions to compensate, in
appropriate circumstances, for unavoidable riparian buffer impacts. The buffer mitigation plan proposed
is being submitted for review under the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295.
DWR staff provided a viability assessment for buffer mitigation on July 31, 2018. Correspondence
regarding this assessment is provided in Appendix A. This BPDP will only generate credit within the
0-50 foot and 150-200 feet buffer from the top of bank; buffer areas greater than 50 feet from the top of
bank out to 150 feet are being claimed for additional stream credit in the Bucher Stream Mitigation Bank
(Figure 6). As shown on Figure 7, this area is solely being used for the generation of stream mitigation
credits. These areas will not be used for the generation of any other credit type (i.e. the same square foot of
buffer cannot be used to generate wetland credit, nutrient offset credits or state buffer credits). There will
be no overlap in the buffer bank credit areas and stream credit for additional buffer areas (Figure 7).
Of the total 92.7 acres in the conservation easement, the Bucher Project presents the opportunity to perform
1,380,266.000 fe (31.69 acres) of riparian buffer mitigation (before ratios and percent reductions have been
applied) by establishing or preserving a native forested and herbaceous riparian buffer plant community
with a minimum width of 50 feet and a maximum of 200 feet from the edge of the channels. Table 1
provides an overall summary of the total buffer mitigation credits.
Table 1. Bucher Mitigation Project Mitigation Summary
Total Riparian Buffer Mitigation Credits
Mitigation Totals Used Area Square Feet and Acres Credits
Restoration 257,945 ft2 (5.92 acres) 238,388.370
Preservation 85,982 ft2 (1.97 acres) 16,505.267
Total Riparian Buffer 343,927 (7.90 acres) 254,893.637
Figure 8 shows the Conceptual Design for Riparian Buffer Bank Map and Section 3 provides details
of the mitigation determination on the Bucher Project. According to 15A NCAC 02B .0295 (o)(4) and (5),
"the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the
total area of buffer mitigation".
1.2.1 Parcel Ownership
The land required for the construction, management, and stewardship of this Project includes portions of
the parcels listed in Table 2. EBX- Neuse I will obtain conservation easements from the current landowners.
The Wilmington District Conservation Easement model template was utilized to draft the site protection
instrument. Once recorded, the secured easements will allow EBX-Neuse I to proceed with the Project
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 3 November 2019
development and protect the mitigation assets in perpetuity. Once finalized, a copy of the land protection
instrument(s) will be included in Appendix B.
Table 2. Parcel and Landowner Information
Landowners Pin or Tax Parcel ID Agreement Type County
0863-04-43-0124;
EBX Neuse I, LLC 0863-03-21-2222; Easement Durham
0863-01-00-9568
0863-03-22-5163
Cheek, LLC 0863-01-20-8206 Easement Durham
1.3 Existing Conditions
1.3.1 Surface Water Classification
The Project is comprised of Rocky Branch, a large farm pond, and seven unnamed tributaries that drain
into Rocky Branch which drains directly into Falls Lake Reservoir a half mile downstream of the Project
(Figure 3). The current surface water classification for the Project's main feature, Rocky Branch, is WS-
IV; NSW, CA. Tributaries of the Site run directly into Rocky Branch (NCDEQ 2018). The primary
classification of WS-IV is Water Supply IV and is defined by DWR as waters used as sources of water
supply for drinking, culinary, or food processing purposes where a WS-I, II, or III classification is not
feasible. By definition, WS-IV waters are also protected for Class C uses, which include secondary
recreation, fishing, wildlife, fish consumption, aquatic life, and agriculture. The supplemental
classification of NSW is Nutrient Sensitive Waters and is defined by DWR as waters needing additional
nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation.
The CA classification is Critical Area. Critical area is the land adjacent to a water supply intake where
risk associated with pollution is greater than from remaining portions of the watershed. Critical area is
defined as land within one-half mile upstream and draining to a river intake or within one-half mile and
draining to the normal pool elevation of water supply reservoirs.
1.3.2 Physiography and Soils
The Project is in the Triassic Basins level IV ecoregion within the Piedmont level III ecoregion. This
ecoregion has unique geology when compared to the rest of the Piedmont, with unmetamorphosed
shales, sandstones, mudstones, siltstones, and conglomerates. Having less local relief and elevation than
surrounding regions and more erodible rocks, stream valleys in the region are usually wider. Streams
generally have low to moderate gradient with mostly sand and clay substrates. Soils in the Triassic Basin
ecoregion are generally clayey with low permeability, resulting in streams usually having low base flows
(Griffith et al. 2002).
The Project watershed skews toward sand substrate with highly erodible banks. Channel gradient is low
with moderately steep valleys. Historically, moderate channel gradients have flattened due to channel
incision in areas that bed rock is not present. The topography of the project area is generally rolling with
elevations ranging from ranging from 270 feet to 340 feet (Figure 4).
The NRCS Web Soil Survey shows several mapping units across the Project (Figure 9, Table 3).
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 4 November 2019
Table 3. Project Mapped Soil Series
Map Unit
Map Unit Name
Percent
Hydrologic
Drainage Class
Landscape
Symbol
Hydric
Soil Group
Setting
Cartecay and Chewacla
Cc
soils, 0-2% slopes,
93%
Somewhat Poor A/D
Floodplains
frequently flooded
IrC
Iredell loam, 6-10%
,--
°
0%
Moderately well C/D
Narrow side slopes on
„r1, A
Wehadkee silt loam, 0-
Wn 2% slopes, frequently 90% Poor B/D Narrow floodplains
flooded
WsB White Store sandy loam,
0%
Moderately
D Broad ridges on uplands
2-6/° slopes
Well
White Store sandy loam,
WsC
0% °
Moderately
D Narrow side slopes on
6-10% slopes
Well
uplands
White Store sandy loam,
Moderately
Side slopes adjacent to
WsE °
10-25 /° slopes
°
0%
Well
D major drainageways on
,.r,., A,
1.3.3 Wetlands
A wetland delineation was performed in March 2017. Wetland boundaries were delineated using current
methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and
Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Eastern
Mountains and Piedmont Region (Version 2.0) (USACE 2010). Soils were characterized and classified
using the Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA-NRCS 2010). Wetland
boundaries were marked with sequentially numbered wetland survey tape (pink/black striped) (Figure 3).
A jurisdictional determination request was sent to the USACE on March 27, 2017 and a site visit with the
USACE was conducted on August 31, 2018. The request and wetland forms are included in Appendix C.
There were five wetlands flagged within the study area of the site; WA, WB, WC WE, and WG. WA is a
bottomland hardwood forest wetland 0.78 acres in size, WB is a freshwater marsh fringe wetland
surrounding Pettys lake and is 2.87 acres in size, WC was determined to be outside the study area, WE is
2.07 acres in size and is along the backside of the dam that makes Pettys Lake, and finally WG is a small
wetland 0.21 acres in size located at the downstream end of CHI. Stream determinations were provided
by DWR (Appendix A).
The USFWS National Wetland Inventory Map (NWI) mapped three wetlands within the project area. Two
of the wetlands are labeled PUBHh (Palustrine Unconsolidated Bottom Permanently Flooded
Diked/Impounded) or Freshwater Ponds and one very long, narrow and wetland mapped as a Freshwater
Forested/Shrub Wetland along M133-C (Figure 10).
1.3.4 Landscape Communities
A. Existing Vegetation Communities
Current land use around the project is primarily disturbed forest, pasture, and maintained open fields.
There are also low -density residential lots, a large agricultural pond, maintained vegetation, and two-lane
roads present in the immediate project vicinity. Forested riparian areas have historically been logged and
were likely in agricultural or pasture use (Figure 5a and 5b). The areas that were logged are dominated
by pines and the rest of the project area is a mix of pine and young hardwood but, overtime, would likely
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 5 November 2019
develop into Mesic Mixed Hardwood Forest (Schafale 2012). Common canopy species include loblolly
pine (Pious taeda), tulip poplar (Liriodenon tulipera), red maple (Acer rubrum), white oak (Quercus alba),
and sweetgum (Liquidambar styraciflua). Other canopy species present include American beech (Fagus
grandifolia), mockernut hickory (Carya tomentosa), and Northern red oak (Quercus rubra). Sub -canopy
species include greenbriar (Smilax sp.), muscadine (Vitus rotundifolia), flowering dogwood (Corpus
Florida), and Eastern red cedar (Juniperus virginiana). Some exotics were noted, including Chinese privet
(Ligustrum sinense), Japanese stiltgrass (Microstegium vimineum), and Japanese honeysuckle (Lonicera
Japonica).
B. Riparian Vegetation
As there is no current buffer within the pond bottom, the riparian buffer in this area does not function to
its full potential. There is currently a functioning riparian buffer along the rest of the tributaries, but it is
not functioning to its full potential as it has been historically timbered and is therefore very sparse in
diversity while the stream is in need of restoration in order to have a functioning floodplain. In general,
the pond footprint will allow for a re-establishment of a bottomland hardwood forest riparian buffer and
the rest of the Project will protect what is already a functioning riparian buffer. Throughout the Project
there are scattered invasive vines and trees that will be treated to the extent practicable. In most cases, the
riparian buffer is in reasonable condition and extends out at least 200 feet.
1.3. S Existing Conditions Photos
Buffer condition along BU 1
Looking downstream along Reach BU7
March 3, 2016
Buffer condition along BU6 (upstream)
Looking Upstream along BU9
March 3, 2016
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 6 November 2019
Looking upstream along BU10
March 2, 2016
Looking upstream along MB 1
March 14, 2016
Looking downstream along MB3
March 18, 2016
Looking downstream along BU11
Left buffer along MB2
March 15, 2016
Looking upstream along M134
March 4, 2016
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 7 November 2019
Buffer along MB5
March 4, 2016
Buffer along CH8
March 1, 2016
2 REGULATORY CONSIDERATIONS
2.1 Threatened and Endangered Species
Buffer along CHI
February 29, 2016
Downstream CH6
March 1, 2016
Plants and animals with a federal classification of endangered or threatened are protected under provisions
of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service
(USFWS) database (accessed 12 April 2017) lists three endangered species for Durham County, North
Carolina: Dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhus michauxii) and Smooth
coneflower (Echinacea laevigate). However, the Dwarf wedgemussel range does not overlap with the
project easement area. The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden
Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or
potential habitat for protected species was observed during preliminary site evaluations.
In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted
to determine whether previously cataloged occurrences of protected species are mapped within one mile
of the Project. Results from NHP indicated that there are no known occurrences of protected species within
a one -mile radius of the project area. Based on initial site investigations, no impacts to federally protected
species are anticipated as a result of the proposed project. USFWS coordination was completed during the
public notice period of the Instrument Modification. A letter from the USFWS dated November 3, 2016
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 8 November 2019
indicated that no adverse impacts to fish and wildlife are expected as part of the project. Documentation
is included in Appendix D.
2.2 Cultural Resources
Environmental and cultural resources include historic and archeological resources located in or near the
Project. RES has evaluated the Project's existing and future conditions to determine any potential
mitigation impacts to cultural resources.
A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed 12
April 2017) database did not reveal any listed or potentially eligible historic or archeological resources
in the proposed project area. SHPO coordination was completed during the public notice period of the
Instrument Modification. A letter from SHPO dated November 28, 2016 stated that no known historic
resources would be affected by the project. Documentation is included in Appendix D.
2.3 Federal Emergency Management Agency (FEMA)/ Hydrologic Trespass
The Project includes a mapped FEMA Zone AE 100-year floodplain (Figure 11). The design and
permitting of the mitigation work will include coordination with the Durham County Floodplain
Administrator and a No -Rise Certification or CLOMR/LOMR. Construction access is constrained in
some areas by existing mature hardwood vegetation. A tree survey will be conducted to design the
mitigation measures and access to minimize impacts to significant specimen trees.
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 9 November 2019
3 RIPARIAN RESTORATION AND PRESERVATION IMPLEMENTATION PLAN
Riparian restoration and preservation areas adjacent to streams are shown in Figure 8 and were approved
by the DWR in the letters dated July 31, 2018 (Appendix A). The goal of the Project is to restore ecological
function to the existing streams and riparian buffers by establishing appropriate stream buffer plant
communities where absent and to protect buffers and streams in perpetuity. The buffered channels will
provide water quality and habitat functions within the Neuse watershed, such as nutrient and sediment
removal, filtration of runoff from nearby agricultural fields, and improved aquatic and terrestrial habitat.
3.1 Site Preparation
Preparation within the Project will involve spraying undesired fescue grass and exotic invasive species;
contoured ripping, seeding and planting, and pond removal. Prior to construction a Pre -construction
Notification for the Nationwide Permit 27, under Section 404 of the Clean Water Act, and a DWR 401
Water Quality Certification, under Section 401 of the Clean Water Act, will be obtained. Following the
issuance of the Nationwide Permit, an erosion and sediment control permit will be obtained. Preparation
of the pond will begin a minimum of six months before the rest of the project construction begins.
Stabilization and implementation of dispersal techniques will be utilized where surface flows have become
concentrated to minimize the chances of non -diffuse flow. A combination of silt fencing, erosion control
wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil
in riparian areas during any land disturbance activities. These erosion control measures shall be inspected
and properly maintained at the end of each working day to ensure measures are functioning properly until
permanent vegetation is established. Disturbed areas shall be temporarily seeded within ten working days
and upon completion of final grading, permanent vegetation shall be established for all disturbed areas.
After construction activities, the subsoil will be scarified and any compaction will be deep tilled before
the topsoil is placed back over the site. Any topsoil that is removed during construction will be stockpiled
and placed over the site during final soil preparation. This process should provide favorable soil conditions
for plant growth. Temporary and permanent riparian seeding shall be done in accordance with the erosion
control plan. Bare root plantings and live stakes shall be planted according to the planting plan.
All riparian restoration and preservation activities will commence in concurrence with the stream
mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being
performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the Stream
Mitigation Bank. The riparian restoration areas will be surveyed and information will be provided in the
As -Built report.
3.2 Methods
All restoration and preservation activities will begin from the tops of the stream banks and extend a
minimum of 50 feet from the stream outward to a maximum of 200 feet perpendicular to the stream channel
pursuant to 15A NCAC 02B .0295 (effective November 1, 2015). Areas greater than 50 feet are being
pursued for additional stream credit for wider buffers; there will be no overlap in buffer and stream
crediting areas (Figure 7).Vegetation within riparian buffers can vary depending on disturbance regime
and adjacent community types, so the protected buffer easement will be planted with appropriate native
species observed in the surrounding forest and species known to occur in similar environments (Section
3.6).
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 10 November 2019
3.3 Riparian Restoration Activities
Buffer restoration activities are proposed along the newly formed channels BU2, BU3, and BU4 within
what is currently called Pettys Lake in accordance with the Consolidated Buffer Mitigation Rule 15A
NCAC 02B .0295 (n) (Figure 8). This pond, or "Pettys Lake", is being proposed as stream restoration
which will restore and daylight the connection between the upstream sections of BU1, the pond, and the
downstream sections of Rocky Branch. Stream Restoration will address existing impairments including
the pond, floodplain dislocation, bank erosion, nutrient input, and buffer degradation. The stream design
approach will include the permanent breaching of the Pettys Lake dam, draining the impoundment,
removal of unsuitable pond bed material from the proposed floodplain, removal of any large debris or
trash, and then grading a new single thread channel in the natural valley within the existing pond footprint.
The majority of the buffer restoration activities will be planting new vegetation on the newly formed
floodplain and livestaking the stream to keep the newly formed stream channels stable. Planting will
consist of a composition of native bare -root tree species specified in Section 3.6. The restoration of plant
communities within the Project will not only provide stabilization and improve water quality within the
easement limits, but will also provide ecological benefits to the entire watershed.
Restoration activities will also include the permanent protection of the riparian buffer from cutting,
clearing, filling, grading, and similar activities that would affect the functioning of the buffer through a
conservation easement that will have clearly visible easement markers and signs (see Section 3.7 for
further description of the easement boundaries).
3.4 Riparian Preservation Activities
Buffer preservation is proposed along the most upstream sections of BU1, BU3, and BU4, plus all along
the entire rest of the project reaches in accordance with the Consolidated Buffer Mitigation Rule 15A
NCAC 02B .0295 (o)(5) (Figure 8). However, preservation activities along BU10, BU11, and M135 will
be preservation on non -subject streams in accordance with the Consolidated Buffer Mitigation Rule 15A
NCAC 02B .0295 (o)(4). Preservation activities will consist of permanently protecting the buffer from
cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer
through a conservation easement that will have clearly visible easement markers and signs (see Section
3.7 for further description of the easement boundaries). No more than 25 percent of the total area of buffer
mitigation will be used for preservation credit pursuant to 15A NCAC 0295 (o)(5) and 15A NCAC 0295
(o)(4) and the rest of the area will be protected in the conservation easement and not applied for credit.
3.5 Planting Plan
All riparian restoration areas will be planted from top of bank back at least 50-feet from the stream with
bare root tree seedlings on nine by six-foot spacing to achieve an initial density of 680 trees per acre.
Planting of the Project where riparian buffer restoration is being performed will meet the performance
standards outlined in the Rule 15A NCAC 02B .0295. The vegetation data will be collected no earlier than
late August of each year. This includes treating invasive species and planting at least four species of native
hardwood bare root trees. Piedmont Bottomland/Headwater Forest (Schafale 2012) will be the target
community type and will be used for all areas within the Project. This forest system is common throughout
Piedmont drainages and will provide water quality and ecological benefits. The initial planting of bare
root trees will occur before spring 2021. Wherever possible, mature vegetation will be preserved and
incorporated into the buffer. Some areas adjacent to the forested areas may require maintenance due to the
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 11 November 2019
rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum (Liquidambar
styraciflua). The planting plan proposed for the project is shown in Table 4 and shown on Figure 11.
Table 4. Tree Planting List
Piedmont Bottomland/Headwater Forest (14.54 acres)
Species
Common Name Unit Type
Canopy/Subcanopy
% of Total Species
Composition
Platanus occidentalis
Sycamore Bare Root
Canopy
15
Cephalanthus
Bare Root
Subcanopy
occidentalis
Buttonbush
15
Celtis laevigata
Sugarberry Bare Root
Canopy
15
Betula nigra
River birch Bare Root
Canopy
15
Swamp
Bare Root
Canopy
Quercus michauxii
chestnut oak
15
Quercus lyrata
Overcup oak Bare Root
Canopy
15
Nyssa biflora
Swamp tupelo Bare Root
Canopy
10
Live Staking and Live Cuttings Bundle Tree Species
Species
Common Name
Canopy/Subcanopy
% of Total Species
Composition
Salix nigra
Black willow
Subcanopy
40
Populus deltoides
Cottonwood
Subcanopy
40
Cornus amomum
Silky dogwood
Subcanopy
20
3.6 Easement Boundaries
Easement boundaries will be identified in the field to ensure clear distinction between the Project and
adjacent properties. Boundaries may be identified by marker, bollard, post, tree -blazing, or other means
as allowed by Project conditions and/or conservation easement. Boundaries will be marked with signs
identifying the property as a mitigation project and will include the name of the long-term steward and a
contact number. Boundary markers will be installed with the contact information of the long-term steward
before the submittal of the As -Built report. Boundary markers disturbed, damaged, or destroyed will be
repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part
of monitoring activities and the conditions as well as any maintenance performed will be reported in the
annual monitoring reports to DWR.
4 MONITORING PLAN
4.1 Monitoring Protocol and Success Criteria
Vegetation monitoring and visual assessments will be conducted annually. The first year of monitoring
will not be conducted until at least five months have passed since the planting and seeding of the riparian
buffer was completed. Riparian buffer vegetation monitoring will be based on the "Carolina Vegetation
Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling
Only Version 4.2". As part of the stream mitigation plan, 19 vegetation plots will be installed a minimum
of 100 meters squared in size and will cover at least two percent of the planted mitigation area for the
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 12 November 2019
Stream Mitigation Bank (23.42 acres). However, eight of these plots will be placed within areas where
RES is seeking riparian buffer credit. These plots will be measuring success of both the riparian buffer
crediting areas, and the stream crediting areas. Those measuring success of the buffer areas where buffer
credit is being sought, will be provided in the monitoring reports. These plots will be randomly placed
throughout the planted riparian buffer mitigation area (5.92 acres) and will be representative of the riparian
buffer restoration areas. The following data will be recorded for all trees in the plots: species, height,
planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape (Figure
13).
Photos will be taken at all vegetation plot origins each monitoring year and be provided in the annual
reports. Visual inspections and photos will be taken to ensure that enhancement areas are being maintained
and compliant. The measures of vegetative success for the Project will be the survival of at least four
native hardwood tree species, where no one species is greater than 50 percent of the established stems,
established at a density of at least 260 planted trees per acre at the end of Year 5. Native volunteer species
may be included to meet the performance standards as determined by NC Division of Water Resources
(DWR).
A visual assessment of the conservation easement will also be performed each year to confirm:
• No encroachment has occurred;
• No invasive species in areas were invasive species were treated,
• Diffuse flow is being maintained in the conservation easement areas; and
• There has not been any cutting, clearing, filling, grading, or similar activities that would
negatively affect the functioning of the buffer.
RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval.
Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer
credits will be monitored in accordance with the monitoring protocol in the Bucher Stream Mitigation
Plan.
4.2 Adaptive Management Plan and Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the site, or
a specific component of the site, fails to achieve the defined success criteria. Remedial actions will be
designed to achieve the success criteria specified in this BPDP, and will include identification of the causes
of failure, remedial design approach, work schedule, and monitoring criteria that will take into account
physical and climatic conditions.
Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable
species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval
by the DWR prior to any mowing activities to ensure that no buffer violations have been performed.
Failure to receive approval to mow within the Neuse River buffer, as defined in 15A NCAC 02B .0233,
by the DWR could result in Neuse buffer violations and violations of the conservation easement. If
necessary, RES will develop a species -specific control plan.
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 13 November 2019
5 LONG-TERM MANAGEMENT PLAN
EBX—Neuse I, LLC (EBX), acting as the Bank Sponsor, will record a Conservation Easement with the
Durham County Register of Deeds Office for this site. The Conservation Easement will be assigned to
the North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic
inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the
responsibility of EBX-Neuse I, LLC until the Bank Parcel is transferred to the NCWHF. Endowment funds
required to uphold the Bucher Bank Parcel conservation easement in perpetuity shall be negotiated prior
to site transfer to the NCWHF.
The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an
initial monitoring phase, which will be developed during the design phase and conducted by the Bank
Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of
the Parcel during the initial monitoring phase. These activities will be conducted in accordance with the
terms and conditions of the Bucher Riparian Buffer Mitigation Banking Instrument made and entered into
by EBX-Neuse I, LLC and DWR.
6 FINANCIAL ASSURANCE
The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one -
hundred percent (100 percent) completion of all mitigation work, required reporting and monitoring, and
any remedial work required. Financial assurances will be payable at the direction of the DWR to its
designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event
of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of
at least $150,000 and shall be able to cover 100 percent of the costs associated with construction of the
riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be
able to cover 100 percent of the costs associated with the monitoring and maintenance of the riparian
restoration areas for five years.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR
reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of
bond renewals when applicable.
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 14 November 2019
7 MITIGATION POTENTIAL
This Project has the potential to generate approximately 233,927.670 ftZ (5.37 acres) of riparian buffer
restoration credits on a drained pond bottom, 4,460.700 0 ftZ (102 acres) of additional riparian buffer
restoration credits, 15,814.200 fe (36 acres) buffer preservation credits on non -subject streams, and
691.067 fe (0.02 acres) of buffer preservation credits on subject streams. In accordance with 15A NCAC
02B .0295 (o)(4) and (5), "the area of preservation credit within a buffer mitigation site shall comprise of
no more than 25% of the total area of buffer mitigation", only 1.97 acres out of the 25.76 total acres
available for preservation credit are allowable to be used to generate mitigation credits.
The riparian buffer mitigation credits generated will service the entire Falls Lake Watershed buffer impacts
within the USGS 8-digit HUC 03020201 of the Neuse River Basin. The total potential mitigation credits
that the Bucher Mitigation Project will generate are summarized in Table 5, and Figure 8.
Table 5. Bucher Mitigation Project Mitigation Credits
Riparian Buffer Credit
Riparian
Credit
Mitigation
Existing
Used
Credit
Per Acre
Ratio
%Full
Mitigation
Zone
Type
Type
Area
Acreage
Credit
Assets
Pond
Footprint
Riparian
Restoration
226,767 ftZ
226,767 ftZ
43,560
1:1
o
100%
226,767.000 ftZ
0-50'
Buffer
(5.21 ac)
(5.21 ac)
Riparian
Restoration
1,989 ftZ
1,989 ftZ
43,560
1:1
°
100%
Z
1,989.000 ft
Buffer
(0.05 ac)
(0.05 ac)
Riparian
p
Preservation
79,071 ftZ
79,071 ftZ
0-50'
Buffer
Non -subject
(1.82 ac)
(1.82 ac)
43,560
5:1
100%
15,814.200 ftZ
Streams
Riparian
Preservation:
1,043,250 ftZ
6,911 ftZ
Buffer
Subject
(23.95 ac)
(0.16 ac)
43,560
10:1
100%
691.067 ftZ
Streams
Pond
21,699 ftZ
Z
Footprint
Buffer
Restoration
(0.50 ac)
(0509ac
43,560
1:1
33%
7,160.670 ftZ
150 — 200'
150 — 200'
Suffern
Restoration
7,490 ftZ
(0.17 ac)
Z
(o.17 490a)
43,560
1:1
33%
2,471.700 ftZ
Total Restoration
25.ftZ
25592
238,388.370 ftZ (5.47 ac)
a c
92 a92
592
. a cftZ
a
1,122,321 It'
85,982 ftZ °
16,505.267 It' (0.38 ac)
Total Preservation
(25.76 ac)
(1.97 ac)
includes ratios & reductions
'According to 15A NCAC 02B .0295 (o) (4) and (5), "the area of preservation credit within a buffer mitigation site shall
comprise of no more than 25% of the total area of buffer mitigation
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 15 November 2019
8 REFERENCES
Endangered Species Act of 1973. Public Law 93-205, 87 Stat. 884. 16 USC 1531-1543,
Environmental Laboratory. (1987). U.S. Army Corps of Engineers Wetlands Delineation Manual,
Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg,
Mississippi.
FEMA (Federal Emergency Management Agency). 2007. FEMA Flood Map Service Center. North
Carolina
Fish and Wildlife Coordination Act of 1934. Public Law 85-72, 79 Stat. 216. 16 USC 661-667(d).
Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording
Vegetation, Version 4.2. hi!p:Hcvs.bio.unc.edu/protocol/cvs-cep-protocol-v4.2-levl-2.pdf.
National Historic Preservation Act of 1966 (as amended Section 106). 16 USC 470. 36 CFR 800, 23
CFR 771, 36 CFR 60, 36 CFR 63.
NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4. L" N.C. Wetland
Functional Assessment Team.
NCDEQ (North Carolina Division of Environmental Quality). 2019. North Carolina Water Bodies
Listed by River Basin.
has://ncdenr.maps.arcais.com/apps/webappviewer/index.html?id=6e 125ad7628f494694e259c8
Odd64265; accessed April 2019.
NCDWQ (North Carolina Division of Water Quality). 2011. A Guide to Surface Freshwater
Classifications in North Carolina. Raleigh. http://portal.ncdenr.org/c/document_libm/
act file?p 1 id=1169848&folderld=2209568&name=DLFE-35732.pdf: accessed December 2018.
NCDWQ. (North Carolina Division of Water Quality). 2010. Methodology for Identification of
Intermittent and Perennial Streams and Their Origins. Version 4.11. Raleigh.
NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
NCNHP (North Carolina Natural Heritage Program). 2018. Natural Heritage Element Occurrences. April
2019.
NCSHPO (North Carolina State Historic Preservation Office). 2019. North Carolina Listings in the
National Register of Historic Places. http://www.hpo.ncdcr.gov/NR-PDFs.pdf, accessed April
2019.
Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth
Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation,
NCDENR, Raleigh, NC.
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 16 November 2019
United States Department of Agriculture (USDA) - Natural Resources Conservation Service (MRCS).
1976. Soil Survey of Durham County, North Carolina.
USDA-NRCS. 2014. Web Soil Survey GIS Data.
http://websoilsurvey.sc.egov.usda.gov/App/HomePa eg htm, accessed April 2019.
USFWS (United States Fish and Wildlife Service). 2015. Information, Planning, and Conservation
(IPAC) Online Screening Tool. https:Hecos.fws.gov/ipac/; accessed April 2019.
USFWS. 2019. Wetland Classification Codes. https://www.fws.gov/wetlands/Data/Wetland-Codes.html;
accessed August 2019.
Bucher Bank Parcel Development Package
Riparian Buffer Mitigation Site 17 November 2019
Supporting Figures
Figure 1. Service Area Map
Figure 2. Project Vicinity Map
Figure 3. Existing Conditions Map
Figure 4. USGS Topographic Map
Figure 5a. Historical Map
Figure 5b. Historical Map
Figure 6. Stream Mitigation Conceptual Plan
Figure 7. Buffer Zones
Figure 8. Conceptual Design Plan for Riparian Buffer Bank
Figure 9. Soils Map
Figure 10. NWI Map
Figure 11. FEMA Map
Figure 12. Monitoring Map
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Timberlai 401 Hollister Rich Squar
O
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" Figure 1 - Service Area Date: 8/28/2019
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N Date: 8/28/2019
Figure 2 - Project Vicinity
Drawn by: HKHAIIIW 0 500 res
s� 1,000 Bucher Mitigation Project
Checked by: JRM
Durham County, North Carolina 1 inch = 1,000 feet
Feet
U
I1�ix � � . • * eG'' m U�ro
Ik
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N Date: 8/28/2019
Figure 3 - Existing Conditions
w e Drawn by: HKH re
s
Bucher Mitigation Project '
s Checked by: JRM
0 400 800
Durham County, North Carolina 1 inch =800 feet
Feet
I
W
It
zip � lu ;�
1972
ilm
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r r•
Legend
Proposed Easement - Phase I
Proposed Easement - Phase 11
0 Sediment Control Measure
Stream Mitigation Approach
Restoration (1:1)
Enhancement 1 (1.5:1)
Enhancement 11 (2.5:1)
Enhancement 11 (3.5:1)
Preservation (10:1)
No -Credit
--.
Phase
1
Proposed
Reach
Mitigation Type
Proposed
Length
Mitigation
Patio
Base SMUs
(LF)
BU1
Reservation
338
10:1
33.800
BL12
Restoration
1,729
1:1
1,729.000
�j.
BU3
Restoration
734
1:1
734.000
BU4
BU6
Restoration
Restoration
766
463
1:1
1:1
766.000
463.000
BU6
Reservation
513
101
51.300
wBU7
Reservation
415
10:1
41.500
BU8
W Credit
157
-
-
BU9
Restoration
345
1:1
345.000
BU9
Restoration
334
1:1
334.000
BU10
Enhancement 1
177
1 1.5:1
118.000
BU11
Enhancement 1
436
1.51
290.667
CH1
Enhancement 1
829
1.51
552.667
CH2
Reservation
272
10:1
27.200
e
CH3
Reservation
130
10:1
13.000
!•}'
CNa
CH3
W Credit
316
-
-
r. t
_
CH3
CH4
CH6
CH7
Reservation
W Credit
Enhancement 1
W Credit
256
316
357
144
101
-
1.51
25.600
-
238.000
0.000
_
CH8
Restoration
145
1:1
145.000
•,�
CH8
Restoration
1,915
1:1
1,915.000
'S#
-
MB1
Restoration
1,638 1:1
1,638.000
r
MB2
Reservation
131 10:1
13.100
,a�
•
MB2
MB3-A
Restoration
Enhancement 11
282 1:1
616 3.51
282.000
176.000
MB3-B
Enhancement 11
1,419 2.5:1
567.600
_ ..
MB3-C
W Credit
1,084 -
-
.g,-,�:r
• • �J"t
�`- -
-
MB4
MB5
Reservation 1,164 10:1
Enhancement 1 207 1.51
Total 17,628
Credit Loss in Required Buffer,
Credit Gain for Additional Bufferl
Total Adjusted SMUs
116.400
138.000
10,753.833
-573.750
1,524.590
1 11,704.673
Phase 2
- -
'y
L
Proposed
Reach
Mitigation Type
ProposedMitigation
Length Ratio
(LF)
Base SMUs
Y.. •;
CH2
Reservation
585 101
58.500
CH3
Reservation
141 101
14.100
Total
726
72.600
Credit Loss in Required Buffer
-7.103
Credit Gain for Additional Buffer
7.292
Total Adjusted SMUs
1 72.789
N
Figure 6 -Concept Design Plan Date: 8/22/2019
w e Drawn by: MDE
s Bucher Mitigation Project
Checked by: BRC
350 700
EQ;;;;;zQ Durham County, North Carolina 1 inch =700feet
fires
DWR Riparian Buffer
Crediting Areas
Non -Standard Buffer
Width Credit Areas
fires
0 400 800
Feet
Figure 7 - Buffer Zones
Bucher
Mitigation Site
Durham County,
North Carolina
Date: 8/29/2019 1 Drawn by: MDE
Checked by: KAW I 1 in = 800 feet
Legend
Proposed
Easement
Proposed Stream
Channel
;f* *rNO -
NSBW Credit
Area (51-150')
Restoration (0-50')
®
Restoration in
Pond Botom (0-
50')
Preservation (0-
50')
®
Restoration (151-
* For Reference Only
200')
Restoration in
Pond Bottom
(151-200')
arR�■M■■
�titi"a� :"�1�•�iI1 �i�1
♦fit
.!ie�A
-1
i • - P'�C:F � yt'
Aft
:;�,..- "`;��� rya }... y•
04
*. 4
99,
1 IL
► ��, r' .�` 'f-,::t�r' '; ,�.. 1, ^ �'� .x �.
A. .�
NT ,
c L) N,
.��-�
r'�=�:... ,� •�.� �r e. Y ,� ••r, . °tires. _��FF
t Ati r
Riparian Buffer Mitigation
Legend Riparian Zone Mitigation Type Existing Area Used Area° Ratio % Full Credit Mitigation Assets
Restoration
}.:. 226,767 ft' 226,767 ft' 226,767.000 ft'
Proposed Easement r witBottom)n Pnd (5.21 ac) (5.21 ac) 00% (5.21 ac)
-Restoration 1,989 ft' 1,989 ft' 1:1 100% 1,989.000 ft' Proposed Top of Bank (0.05ac) (0.05ac) (0.05ac)
030
Presentation on
Stream Credit for Additional Buffer (51-150') Non -subject 79,071ft' 79,07,ft' S:1 00% 15,814.200ft'
Streams (1.82 ac) (1.82 ac) (0.36 ac)
Mitigation Approach Presentation on 1,043,250ft' 6,911ft' 10:1 100% 691.067ft'
Restoration (0-50') Subject Streams (23.95 ac) (0.16 ac) (0.02 ac)
Restoration
21,699 ft' 21,699 ft' 7,(60.67
(within
Pond 33% 0 ft'
® Restoration in Pond Botom (0-50') Bottom) (0.50 ac) (0.50 ac) 0.16 ac)
151-200'
Restoration 7.490 ft' 7,490 ft' :1 33°h 2,471.700 ft'
Preservation Non -Subject (0-50') (0.17 ac) (0.17 ac) (0.06 ac)
Preservation - Subject (0-50') Total Restoration 257,9458= 257,945 ft= 238,388.3708=
(5.92 ac) (5.92 ac) (5.47 ac)*
Restoration (151-200') Total Preservation' 1,122,321ft= se,sszft= 16,505.267ft=
(25.76 ac) (1.97 ac) (0.38 ac)*
Restoration in Pond Bottom (151-200')
'Includes ratios and credit reductions
° According to 15A NCAC 028 .0295 (o) (4) and (5), 'the area of preservation credit within a buffer mitigation site
shall comprise of no more than 25% of the total area of buffer mitigation
Figure 8 - Conceptual Design Plan Date: 8/29/2019
w E for Riparian Buffer Bank
- Drawn by: MDE res s Bucher Mitigation Project Checked by: JRM
0 400 800
Feet
Durham County, North Carolina finch =800 feet
Durham County Soil Survey (1976)
Cc
WsC..
C r!3 Lieek CrC
f
1rB VrSC
WsG_ cc
Ca~ � _� •�' � 1
WsC
l WsB
WSC
J I
Ali WSS j, - 'S
t
t
' f L' P—
rl
WsB
Ws
lit Crc
f Rcbersons -
i#
r � T. .
Church '
C ,
Cr
ftin View
f6...� Cr Church � ._,...t-
a-
OM
MOM
NRCS Web Soil Survey (2019)
WsE
WsE
fires
N
W E
s
0 500 1.000
Feet
Figure 9 - Mapped Soils
Bucher
Mitigation Project
Durham County, North Carolina
Date: 8/29/2019 Drawn by: HKH
Checked by: JRM 1 in = 1,000 feet
L Legend
Cr Proposed Easement
Hydric (100%)
WnrB
Predominantly Hydric (66-99%)
Cr6 Predominantly Hydric (33-65%)
Predominantly Nonhydric (1-32%)
Nonhydric (0%)
WsB
Map Unit Map Unit Name
Symbol
Cc Cartecayand Chewacla soils, 0-2% slopes, frequently flooded
IrC Iredell loam, 6-10% slopes
Wn Wehadkee silt loam, 0-2% slopes, frequently flooded
WsB White Store sandy loam, 2-6% slopes
WSC White Store sandy loam, 6-10% slopes
WsE White Store sandy loam, 10-25% slopes
•��'r:r iwi Kirlj•��
�7.W PFO1A r*'
- PUBHhw
PUBHh
ti
n
1 w, ya
PUBH
�._ 1 Y _•� �� r' I y� ..PUBHh
.. �.G F'}� T �+SL. M1-1'i'�lA �. �.. q.2,.�, ., '✓�
10
J�`�,o� �...`
AA
PUBHh � ' _ ' f•i "�• ':tip :�
PUBHh ��! ►, k¢I i F
if
a. PUBHh
e t PUBHh .. 4 .. `�` - «k'
PUBHh
PUBHh ; PUBHh
' r �. F PUBHh '
PUBHO
�,. r ,
ram' ti PUBHh PUBHh
_ F •
AM PUBHh
Legend
Proposed Easement � . - � � � ;� , �* •
` PUBHh s
® NW Wetland (USFWS 10/29/2018)k�'
N Date: 8/29/2019
Figure 10 - National Wetlands Inventory
w __ e Drawn by: HKH res
Bucher Mitigation Project
s Checked by: JRM
0 400 800
Durham County, North Carolina 1 inch = 800 feet
Feet
'� ,.ter _ 1•� i � , i - � • �
y p;
R
pp
39i0085300�K ,�, -: • •!4 �•: 863OOK
ff. °I01'19120'18 "i. : e 1'1+91�0'I8
�. .} A
OF -MI IMRL. FLOOD oneX
A.
d lux - Rn - _ $
PANEL y. ,�, i d PANELt
z-• �• .
3n,20085
fF: '101'191�0'18 ilk •
,��'� _ ,, ;,ice,• .� �'.
Legend r
Proposed Easement ' t.
Zone AE
- Zone Future Conditions 1%oAnnual Chance Flood Hazard;-
. i �... •,;.
- .2% Chance Annual Flood (NONE) _• ► v;-
{
Regulatory Floodway (NONE) -�
N Date: 8/29/2019
Figure 11 - FEMA Flood Mapping
w e Drawn by: HKH
s Bucher Mitigation Project rps
n 0 400 800 Checked by: JRM
Durham County, North Carolina 1 inch =800 feet
Feet
Legend
Proposed Easement - Phase I
Proposed Easement - Phase 11
Zone 1 - Piedmont Headwater Forest (14.54 ac)
Zone 2 - Piedmont Alluvial Forest (8.91 ac)
Proposed Stream
N
wE
s
0 400 800
Planting Zone 1- Piedmont Bottom land/Headwater Forest
Species
Common Name
Wetland
Indicator
Spacing
(ft)
Unit Type
% of Total?
Compos
P/atanusoccidentalis
Sycamore
FACW
9x6
Bare root
15
Cephalanthusoccidentalisc
Buttonbush
OBL
9x6
Bare root
15
Celtislaevigata
Sugarberry
FACW
9x6
Bare root
15
Betula nigra
River birch
FACW
9x6
Bare root
15
Quercus michauxii
lSwamp chestnut oak
FACW
9x6
Bare root
15
Quercus lyrata
Overcup oak
OBL
9x6
Bare root
15
Nyssa biflora
Swamp tupelo
FACW
9x6
Bare root
10
Planting Zone 2- Piedmont Alluvial Forest
Species
Common Name
Wetland
Indicator
Spacing
(ft)
Unit Type
% of Total:
Compos
Liriodendron tulipitera
Tulip poplar
FACU
9x6
Bare root
15
Platanusoccidentalis
Sycamore
FACW
9x6
Bare root
15
Celtislaevigata
Sugarberry
FACW
9x6
Bare root
15
Quercus phellos
Willow oak
FAC
9x6
Bare root
15
Quercus nigra
Water oak
FAC
I 9x6
Bare root
10
Quercus alba
White oak
FACU
9x6
Bare root
10
Diospyros virginiana
Persimmon
FAC
9x6
Bare root
10
Asimina triloba
Paw Paw
FAC
9x6
Bare root
10
Figure 12 - Planting Plan
Bucher Mitigation Project Drawn by: MDE
Checked by: JRM
Date: 8/28/2019
)res
Durham County, North Carolina 1 1 inch =800 feet
A.
,re.5,
vi.
Ali
Ln
�.�!^'yes � �� � s�} r •-;,� '��. :' s F
�' e�3 .� ��•' i Uj�y� '...r '�'i, - _ �. ;;� Feet
Ay PW ► Figure 13 - Monitoring Plan
}� r 4F :'?ti m
Ir
Bucher
N ;sJ'' v:,:;'`';,. L.'' `'� :, Y"� k;c_,x > •t:} 5C F,1 �. ,.' Mitigation Project
- �, Qi � .pi •3-I�":� ,v,yf iy .0 —�. jt�
r Durham County, North Carolina
�. � 7" � �� `±,fie` _ -y �.' • �:,, �j y'<- a.- • ,�?, �;., x �:. � � ,`
-Y .: ..�. Y� • '4 — ' �7f4•'•'� L : ..i �. 7'•.0 wi,r.y, ,y
Cr• +-• -��' -•+•• -.w - - + i i!i +► . I . i , t Date: 11/14/2019 Drawn b MDE
.. J.
Checked by: JRM 1 in = 500 feet
�: gU1 --'i'.",,;;, r '�.. +rs�„r _ � � _ .J'i� n •-� ;�,ar �.. ,• c � J fv >
' +" •+ is .c,�+,' � �'. i' _ ,_�: :� ... .. .. { � r :1 .:•r a
�r Legend
rr? ,. Proposed Easement
t
60.
yC� - Proposed Top of Bank
NN"'� id , Zone 1 Piedmont
A
Y �' G�4i . i�4•:'.' .� _ a` d ,"� ' ',Mii.` `i:
q .�.k- .;� r.RA Headwater Forest (14.54 ac)
-.:1 • 5.: �: ; k, .. .`Y e��i cy�'�; :Ar�r :�r3 t. . p � iti'rs�'vR � � l.. �' �.. � R
'Ire►-': � _ � -
' 'e. Zone 2 - Piedmont Alluvial
P �� 41. r �GJ � t _ a r }�' ' ,�. L' �.'- ` �w , i . z :• Forest (8.91 ac)
� c . � ; ; Vegetation Plots
* Both (Buffer and Stream)
s } r ` " y,' ,+ �Y; ,.. 0 = Stream
a �# W� v J" ? �:';�`• ,',.. Stream (Random)
+!
rt "'� Buffer Mitigation Approach
°F Restoration (0-50')
"'t. N'• '' �� Restoration in Pond Bottom
(0-50')
Preservation Non -Subject
7.. sI .t "� a• (0-50')
r• - � � 1 � ' �� .z� �:::�� ;� ",• }� Preservation Subject (0-50')
�. `•� ® Restoration (151-200')
�'..
Restoration in Pond Bottom
Ad
r' ► x Note: There will be a total of 19 vegetation plots,
_ _ ti -,► s .r 8 plots are for DWR buffer monitoring and stream monitoring
f ` .JK , purposes, and 12 will be only for stream monitoring
(6 of these will be random).
Vegetation plot locations are all proposed locations.
r +k 4�' "
fir.. .' fM Fixed digital image locations will occur at vegetation plot
APPENDICES
Appendix A
NCDWR Stream Determination Letter and Mitigation
Viability Letter
y.
Water Resources
ENVIRONMENTAL QUALITY.
March 20, 2018
EBX-Neuse I, LLC
412 N. 4th St., Suite 300
Baton Rouge, LA 70802
Cheek, LLC
5216 Yates Mill Pond Rd.
Raleigh, NC 27606
Sandra I{. Brogden; -
3504 Redwood Rd:
Durham, NC 27704
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CU'LPEPPER
Interim
Director
Subject: Buffer Determination Letter
RRO #18-032,
Durham County
Determination Type:
Buffer Intermittent/Perennial
❑ Neuse (15A NCAC 2B .0233)
❑ Tar -Pamlico (15A NCAC 2B .0259) ® Intermittent/Perennial. Determination (where local buffer
ordinances apply)
❑ Jordan (.15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)
Project Name: Bucher Mitigation Site
Address/Location: 3132 N. Redwood Rd..Durham, NC
Stream(s): Rocky Branch, Falls Lake
Determination Date: 03/.19/2018 Staff: Rick Trone
Division of Water Resources; Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org;webhvq/aps
1628 Mail Service Center, Raleigh; NC 27699-1628 Phone: (91.9) 791-4200
Location: 3800 Barrett Drive, Raleigh,,NC 27609 Fax: (919)'788-7159
Feature
/P*
Not Subject
Subject
Start a '
Stop a
Soil
USGS
SurveyTop
o.
BU 1
I
FIP
X
36.02887
Pond 1
X
-78.79414
BU 6
X
Pond 1
Throughout Project
X
X
Area
BU 8
I
X
36.03506
BU 6
-78.79057
BU10-A
I
X
36.03403
BU 6
-78.78976
BU10-B
E
X
Throu bout Project Area
BU 11
I
X
36.03572
36.03508
-78.78915
-78.78853
BU 12
I
X
Culvert @
X
X:
36.031433
Pond 1
-79.796422
CH 1
P
X
Outside Project
CH 3
X
Area
CH 2
P
X
36.02744
CH 3
X
X
-78.78.880
CH 3.
P
X
Throu hout Proect Area
X
X
CH 4
I
X
36.02898
36.02909
-78.78496
-78.78632
CH 7
1
X
36.03172
CH 3
-78.78701
CH 9
I
36.02968
36.03026
X
-78:78957
-78.78922
X
36.03034
CH 3
-78.78897
MB 2
I
X
36.03811
BU 6
X
-78.78683
MB 3
P
X
Throughout Project Area
X
X
MB 4
I
X
Throughout Project Area
X
X
MB 5
I
X
36.03987 BU 6
-78.78466
Pond 1
X
Throughout
X
X
*E111P = Ephemeral/Intermittent/Perennial. Feature origins above are where stream begins or was found
to at least be intermittent.
Explanation: The featuresW listed above has been located on the most recent published NRCS Soil Survey of .
Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be at least intermittent or is not present.
Streams that are checked "Subject" have been located on the :property and possess characteristics that qualify it to be
at least an intermittent stream. There may be other features located on the property that do not show up on the
maps referenced above but may be considered jurisdictional according to the US Army Corps of 'Engineers.
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•DVVR may, request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. - If sending via US Postal Service: c/o Karen Higgins;
DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this dete ination, please feel free to contact Rick Trone at (919) 791-4257, or by
ema' t rick.trone@ncdenr.gov
S' cerely
Danny Smit
Supervisor, ater Quality Regional Operations Center
cc: RRO DWR File Copy
Daniel Ingram, RES (via laserfiche hyperlink)
Bucher Mitigation Site
Durham County, NC-DWR Project # 18-032
M65POT *04
W
M B
fr
BU 11 BU 6 *'
BU 6
BU 8
LA
j
1, MB 4
F
Pond 1 ppr',
I
BU 12
�1
'ryes. CH 3
-
W S B , , mow'" Wes•.,
a ! r
VV
� F
CH 7
BU 10A � .-
CH 4
BU 10B
s` CH 9'
t 5
C
we-
DU JL
CH
s CrS .
CH 2
NRCS Soil Survey Sheet 19 srn
Durham Co, NC 1976 Locations are approximate and are
Project Boundary � ,� � -�
provided for reference only
Approximate locations of unmapped features •��;
Bucher Mitigation Site
Durham County, NC-DWR Project # 18-032
USGS Topographical Map
Northeast Durham Quadrangle 2016
Irs"
&k
-41T. -A" r,�
Locations are approximate and are
Project Boundary
Approximate locations
provided for reference only
of unmapped features
i
1
- At s, t
s
Legend
c.
4
e
ir,
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
July 31, 2018
Daniel Ingram
Resource Environmental Solutions, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
(via electronic mail: din ram(ares.us )
Re: Site Viability for Buffer Mitigation & Nutrient Offset - Bucher Mitigation Site
Located at Pettys Lake near 36.033927,-78.794822
Ne 03020201/ Upper Falls Lake WS
r am unty
Dear Mr. Ingram,
On January 16, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a
request from Resource Environmental Solutions, LLC (RES) for a site viability assessment
near the above -mentioned site in the Upper Falls Lake Watershed of the Neuse River Basin.
The request was to determine the potential for riparian buffer mitigation and nutrient
offset. Multiple staff with DWR have visited the site. Therefore, Ms. Merritt is able to
perform the site viability assessment based on supplemental documentation provided by
both DWR staff and RES without performing a physical site visit. The attached map labeled
"Bucher Mitigation Site" accurately depicts the features in their current condition and is
used for this assessment. Also provided with this letter is a figure labeled "Figure 10 -
Conceptual Map" which depicts where RES anticipates performing stream restoration and
enhancement as part of a stream mitigation bank. This site assessment is conducted on the
basis that RES restores stream channels through Pettys Lake.
Ms. Merritt's evaluation of the features shown in the map labeled "Buffer Mitigation Site" and
their associated mitigation determination for the riparian ar as are provided in the table
below. This evaluation was made from Top of Bank (TOBTandward 440200' 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.
NORTH CAMUNA� Q1�
Uepf�hnmt nl F1wYdYnM1W pW11y�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000
Bucher
Resource Environmental Solutions, LLC
July 31, 2018
Feature
Classification 'Subject
n site to
Riparian Land uses Buffer
adjacent to Feature Credi
I ZNutrient
0 se
Mitigation Type Determination wJin
riparian areas
Buffer
0-200' Viable
Viable
Rule
2,273
is r
BU1
Stream
Yes
Combination of
Yes3
No
Forested areas - Preservation Site per 15A
Ends at
forested and non-
NCAC 02B .0295 (o)(5)
pond
forested areas
bank
Non -forested areas - Restoration Site per
No
15A NCAC 02B .0295 (n)
BU6
Stream
Yes
Mature natural forest
Yes3
Preservation Site per 15A NCAC 02B .0295
No
[o'(5
Preservation Site per 15A NCAC 02B .0295
BU8
Stream
No
Mature natural forest
Yes3
(o)(4)
BU10-A
Stream
No Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(o)(4)
BU10-B
Ephemeral
No
Mature natural forest
Yes3,4
No
Preservation Site per 15A NCAC 02B .0295
(o)(7)
Must meet additional requirements under 15A
NCAC 02B.0295 (o)(7) to be viable for buffer
mitigation.
BU11
Stream
No
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(o)(4)
BU12
Stream
Yes
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(o)(5)
CHI
Stream
Yes
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(0)(5)
CH2
Stream
Yes
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(o)(5)
CH3
Stream
Yes
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(o)(5)
CH4
Stream
No
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(o)(4)
CH7
Stream
No
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
Yes
(o)(4)
CH9
Stream
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(0)(5)
MB2
Stream
Yes
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(0)(5)
MB3
Stream
Yes p
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
1.
(0)(5)
MB4
Stream
Yes
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(0)(5)
MBS
Stream
No
Mature natural forest
Yes3
No
Preservation Site per 15A NCAC 02B .0295
(o)(4)
Page 214
Bucher
Resource Environmental Solutions, LLC
July 31, 2018
Feature classification t ub'ect
on site LO
Buffer
Rule
Pond 1 1 In -line pond
Petty's (proposed to
Lake Be breached
& restored
into streams)
Yes
Riparian Land uses Buffer I ZNutrient
adjacent to Feature Credi Offset
0-2 0' Viable Viable at
2.273
Pond perimeter is
mostly non -forested
with some forested
areas
No Yes3 I
Mitigation Type Determination w/in
riparian areas
Non -Forested areas - Restoration Site per
15A NCAC 02B .0295 (n)
Forested areas - Preservation per 15A NCAC
02B .0295 (o)(5)
If stream channel/s are restored through the
pond, the new riparian areas will be viable as
a Restoration Site per 15A NCAC 02B .0295
(n) and viable for buffer mitigation
'Subjectivity calls for the features were determined by DWR in correspondence dated March 20, 2018 using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil
survey map prepared by the NRCS
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of
the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a
Preservation Only site to comply with this rule.
4The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total
area of buffer mitigation per 15A NCAC 02B .0295 (o)(7).
The long-term presence of a lake will likely create unstable banks and riparian zones where
streams are restored through the relic lake/pond bottom. As part of this assessment, DWR
encourages RES to consider major stabilization efforts and to establish substantial herbaceous
vegetation in riparian areas adjacent to new streams that are constructed in the pond as part of
the stream restoration. This letter should be provided in any future stream, wetland, buffer
and/or nutrient offset mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant
to 15A NCAC 02B .0295, a mitigation plan shall be submitted to DWR for written approval
prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer
mitigation credit. 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 follow the requirements in 15A NCAC
02B .0295 to be eligible for riparian 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. Supporting calculations and sufficient detail to support estimates of load reductione�or ah Y �
must be provided to DWR for review to determine viability for nutrient offset in accordance "U �I`'` _s
with 15A NCAC 02B .0240. For any areas generating wetland mitigation credit, no buffer or
nutrient offset credit can be generated.
Page 314
Bucher
Resource Environmental Solutions, LLC
July 31, 2018
This viability assessment will expire on July 31, 2020 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-707-3637 if
you have any questions regarding this correspondence.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Map of Bucher Mitigation Site, Figure 10-Conceptual Map
cc: File Copy (Katie Merritt)
Page 414
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Figure 10- Conceptual Map D ate: 518120 .
• r�t D rawnh y,)�res
o - Bucher Mitigation Site
Durham County, North Carolin `�
Appendix B.
Conservation Easement Template
This appendix will be updated once the easement deeds and plats become available.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 201_ by and between_
("Grantor") and ("Grantee").
The designation 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.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue
Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include
one or more of the purposes (a) — (d) listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of real
property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following
natural communities: add or delete as appropriate: wetlands, streams, and riparian
buffers. The purpose of this Conservation Easement is to maintain streams, wetlands
and riparian resources and other natural values of approximately _acres, more or
less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and
prevent the use or development of the Conservation Easement Area for any purpose
or in any manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument
(MBI) and Mitigation Plan for the _
Army (DA) Action ID Number SAW -
the
Mitigation Bank in the
Mitigation Bank, Department of the
entitled "Agreement to Establish
River Basin within the State of
North Carolina", to be made and entered into by and between
acting as
the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency Review Team (IRT). The
Mitigation Site has been approved by the Corps for use as a mitigation bank to
compensate for unavoidable stream and wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the Riparian Buffer
and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development
Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation
Bank, North Carolina Division of Water Resources (NCDWR) Project ID# ,
which was approved by the NCDWR, and will be made and entered into by and
between , acting as the Bank Sponsor, and the NCDWR. The
Riparian Buffer and Nutrient Offset Site is intended to be used to
compensate for riparian buffer and nutrient impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement
shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third -
Parties"), and may be exercised through the appropriate enforcement agencies of the
United States and the State of North Carolina, and that these rights are in addition to,
and do not limit, the rights of enforcement under the NC DWR Project ID#
and the Department of the Army instrument number SAW -
("Mitigation Banking Instrument"), or any permit or certification issued by the Third -
Parties.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the
receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area
described on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is
an easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with
the purpose of this Conservation Easement is prohibited. The Conservation
Easement Area shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the
Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and
uses are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising
display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other
temporary or permanent structure or facility on or above the Conservation
Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are
prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement
Area except as provided in the Mitigation Plan and Bank Parcel Development Plan.
Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once
a year for no more than five consecutive years from the date on page 1 of this
Conservation Easement, except where mowing will negatively impact vegetation or
disturb soils. Mowing activities shall only be performed by and shall not
violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area; nor enlargement or modification to existing
roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation
values of the Conservation Easement Area, signs giving directions or proscribing rules
and regulations for the use of the Conservation Easement Area and/or signs identifying
the Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any
manner on the Conservation Easement Area, except to restore natural topography or
drainage patterns. For purposes of restoring and enhancing streams and wetlands
within the Conservation Easement Area, is allowed to perform grading,
filling, and excavation associated with stream and wetland restoration and
enhancement activities as described in the Mitigation Plan and authorized by
Department of the Army Nationwide Permit 27.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns. In addition,
diverting or causing or permitting the diversion of surface or underground water into,
within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered
or extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
temporary or occasional access by the Enter Sponsor Name, the Grantee, its
employees and agents, successors, assigns, NCDWR, and the Corps for purposes of
constructing, maintaining and monitoring the restoration, enhancement and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area..
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant,
the preservation of the Conservation Easement Area substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights
of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement
Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to
the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area in accordance with the approved Mitigation Plan, the
Bank Parcel Development Package, and the two Mitigation Banking
Instruments described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Corps
and NCDWR, shall have the right to enter the Property and Conservation Easement Area
at all reasonable times for the purpose of inspecting the Conservation Easement Area to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Enter Sponsor Name, and its authorized representatives,
successors and assigns, the Corps and NCDWR shall also have the right to enter and go
upon the Conservation Easement Area for purposes of making scientific or educational
observations and studies, and taking samples. The easement rights granted herein do
not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, the Corps, and
NCDWR are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Conservation Easement Area that may be
damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall
notify the Grantor in writing of such breach. The Grantor shall have 30 days after
receipt of such notice to correct the conditions constituting such breach. If the breach
remains uncured after 30 days, the Grantee may enforce this Conservation Easement
by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if
the breach of the terms of this Conservation Easement is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such circumstances
damage to the Grantee would be irreparable and remedies at law will be 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. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by
Grantor, provided Grantor is determined to be responsible for the breach. The Corps
and the NCDWR shall have the same rights and privileges as the said Grantee to
enforce the terms and conditions of this Conservation easement..
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition,
or provision hereof or affect the right to Grantee to enforce the same in the event of
a subsequent breach or default.
C. 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 resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area resulting from such
causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property
which have not been expressly subordinated to this Conservation Easement. Grantor
further warrants that Grantee shall have the use of and enjoy all the benefits derived
from and arising out of this Conservation Easement, and that Grantor will warrant and
defend title to the Property against the claims of all persons._
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any
interest in all or a portion of the Conservation Easement Area. The Grantor agrees to
provide written notice of such transfer at least sixty (60) days prior to the date of the
transfer. The Grantor and Grantee agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interests in the Conservation
Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the Corps.
C. Assignment. 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 pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3)
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.
D. Entire Agreement and Severability. The combined Mitigation Banking
Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding
BPDP, and this Conservation Easement 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 void or unenforceable by a court of competent jurisdiction,
the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the
Property free of any liens or other encumbrances for obligations incurred by Grantor.
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. 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.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures to ensure the aquatic resource
functions within the boundaries of the Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, byjudicial
proceeding.
H. Eminent Domain. Whenever all or part of the Conservation Easement Area
is taken in the exercise of eminent domain so as to substantially abrogate the
Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in
appropriate actions at the time of such taking to recover the full value of the taking,
and all incidental and direct damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area is sold, exchanged, or involuntarily converted following an
extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair
market value of this Conservation Easement as determined at the time of the
extinguishment or condemnation.
J. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter
specified by notice pursuant to this paragraph):
To Grantor:
[Name, address and fax number]
To Grantee:
[Name, address and fax number]
To Sponsor:
To the Corns:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDEQ -DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's
interest shall become vested in another qualified grantee in accordance with an
appropriate proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in
a writing signed by all parties hereto, and provided 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 conservation purposes of this
grant.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
of the Mitigation Plan,_prepared by Grantor and acknowledged by the Grantor
and Grantee to be complete and accurate as of the date hereof. Both Grantor and
Grantee have copies of this report. It will be used by the parties to assure that any
future changes in the use of the Conservation Easement Area will be consistent with
the terms of this Conservation Easement. However, this report is not intended to
preclude the use of other evidence to establish the present condition of the
Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]
Appendix C.
Preliminary Jurisdictional Determination Submittal
fires
March 27, 2017
10055 Red Run Blvd.
Ms. Samantha Dailey
Suite 130
U.S. Army Corps of Engineers
Owings Mills, MD
27
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
412 N. 4th St.
Suite 300
Rouge, LA
BatDear
Ms. Samantha Dailey,
02
7008o
Resource Environmental Solutions (RES) is pleased to present this Request for a Preliminary
100 Calhoun St.
Jurisdictional Determination for the Bucher Mitigation Site located in Durham, Durham County,
Suite 320
Charleston, SC
North Carolina. As part of this scope of work, RES is submitting this request to the U.S. Army
29401
Corps of Engineers (Corps) for a confirmation of the limits of Waters of the U.S. on the subject
site.
Bozo Montrose Blvd.
Suite 650
Houston, TX
The purpose of the proposed Site is to generate compensatory mitigation credits for inclusion in
77006
the Neu -Con Umbrella Mitigation Bank in hydrologic unit 03020201 of the Neuse River Basin.
1200 Camellia Blvd.
Suite 220
Delineation Information
Lafayette, LA
RES completed its delineation of potentially jurisdictional areas on this property on March 10,
70508
2017 in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual
1371/2 East Main St.
methodology (Environmental Laboratory 1987), as well as the Regional Supplement to the Corps
Suite 210
of Engineers Delineation Wetland Delineation Manual: Eastern Mountains and Piedmont
Oak Hill, WV
Region (Version 2.0). Flags were numbered and placed onsite to mark the limits of potentially
25901
Jurisdictional wetlands and other Waters of the U.S. Wetland flags were located using Global
33 Terminal Way
Positioning System (GPS) technology with sub -meter accuracy and the streams were
Suite 431
professionally surveyed. The approximate size and location of these areas are depicted on the
Pittsburgh, PA
attached Waters of the U.S. Delineation Map.
15219
302 Jefferson St.
The current land use on -site is mostly forest with some residential and agricultural lands. The site
Suite 110
contains Pettys Lake and eleven (11) unnamed tributaries that flow into Falls Lake about 0.5
Raleigh, NC
27605
miles downstream of the project area. Six (6) wetland areas were found on -site. Wetland A is a
headwater wetland around a forked, ephemeral channel. Wetland B is a fringe wetland
1521 W. Main
ds E d F
surroundingPettys Lake. Wetland D is in a drainage above Pond B. And Wetlands anare
� g ove on
Floor
Richmond, VA
Ric
hillside/floodplain wetlands fed by seeping groundwater from Pettys Lake and a pond off -site.
23220
Attachments for Reference
- Jurisdictional Determination Request Form
- Preliminary Jurisdictional Determination Form
- Landowner Authorization Forms
- Project Vicinity Map
- Project Location Map (with topography)
- National Wetlands Inventory Map
- Aerial Imagery
- Soils Map
- Wetland Delineation Data Sheets
- Waters of the U.S. Delineation Map
RES respectfully requests that the Corps confirm this delineation of Waters of the U.S. on this property. I
will contact you in the coming days to arrange a site visit for this purpose. Please contact me ((919) 741-
6268) if you have any additional questions regarding this matter.
Sincerely,
Ryan Medric
Ecologist
Attachments
cc: Daniel IngramResource Environmental Solutions
Matt DeAngelo
Ecologist
1
2
Jurisdictional Determination Request
Im
US Army Corps
of Ee9ineers
Wilmington Dislnct
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile. A current list of county assignments by Field Office and project manager can be
found on-line at; ht ://www.saw.usace.arm .mil/Missions/Re lator PermitPro ram.as x , by
telephoning: 910-251-4633, or by contacting any of the field offices listed below:
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 29801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 2514610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 29403
General Number: 910-251-4633
Fax Number: (910) 251-4025
Version: December 2013 Page 1
Jurisdictional Determination Request
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E and F.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part G.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD
requests must include the current property owner authorization for the Corps to proceed with the
determination, which may include inspection of the property when necessary. This form must be
signed by the current property owner to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD
requests associated with North Carolina Department of Transportation (NCDOT) projects will be
conducted according to the current NCDOTIUSACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not
be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or
your tenant are USDA Program participants, or anticipate participation in USDA programs, you
should also request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
Version: December 2013 Page 2
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address:
City, State:
County:
Directions:
See Landowner Authorization Forms
Parcel Index Number(s) (PIN): See Landowner Authorization Forms
B. REQUESTOR INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address'
Ryan Medric - Resource Environmental Solutions
302 Jefferson Street, Suite 110, Raleigh, NC 27605
919-741-6268
RMEDRIC@res.us
Select one:
❑ I am the current property owner.
❑✓ I am an Authorized Agent or Environmental Consultant'
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address;:
See Landowner Authorization Forms
❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data)
1 If available
2 Must attach completed Agent Authorization Form
3 If available
Version: December 2013 Page 3
Jurisdictional Determination Request
D. PROPERTY OWNER CERTIFICATION
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on -site investigations
and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
See Landowner Authorization Forms
Property Owner (please print) Date
Property Owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does include a delineation.
❑ I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does NOT include a delineation.
I am requesting that the Corps investigate the property/project area for the presence or
absence of WoUS5 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation.
I am requesting that the Corps delineate the boundaries of all WoUS on a property/project
area and provide an approved JD (this may or may not include a survey plat).
I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property/project area and provide an approved JD (may or may not
include a survey plat).
4 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
5 Waters of the United States
Version: December 2013 Page 4
F.
❑✓
Jurisdictional Determination Request
ALL REQUESTS
Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.
Size of Property or Project Area 91.20
acres
�r1 I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
G. JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests:
Completed and signed Preliminary Jurisdictional Determination I ormf'.
-78.7868
�/ 36.0349Project Coordinates: Latitude Longitude
Maps (no larger than l 1x17) with Project Boundary Overlay:
F7Large and small scale maps that depict, at minimum: streets, intersections, towns
❑✓ Aerial Photography of the project area
USGS Topographic Map
❑✓ Soil Survey Map
ZOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
5 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008
Version: December 2013 Page 5
Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
© Wetland Data Sheetss
Tributaries:
❑ USACE Assessment Forms
❑ Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
0 Field Sketch overlain on legible Map that includes:
■ All aquatic resources (for sites with multiple resources, label and identify)
■ Locations of wetland data points and/or tributary assessment reaches
■ Locations of photo stations
■ Approximate acreage/linear footage of aquatic resources
(2) Approved .IDs including Verification of Delineation:
❑ Project Coordinates:
Latitude
Longitude
Maps (no larger than l Ix17) with Project Boundary Overlay:
❑ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan,
previous delineation maps)
1987 Manual Regional Supplements and Data forms can be found at:
http://www.usace.army.mifIMissions/CivilWorks/RegulatoryPropramandPermitslreg supp.aspx
Wetland and Stream Assessment Methodologies can be found at:
http://portal.ncdenr.orp/c/document library/get file?uuid=76f3c5gb-dah8-4960-ba43-45b7faf06f4c&groupld=38364 and,
http://www.saw_usace.army.mi)/Portals/59/docs/regulatory/pubiicnotices/2013/NC5AM draft User Manual 130318.pdf
8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Version: December 2013 Page 6
Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
❑ Wetland Data Sheets
Tributaries:
❑ USACE Assessment Forms
❑ Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
❑ Field Sketch overlain on legible Map that includes:
• All aquatic resources (for sites with multiple resources, label and identify)
• Locations of wetland data points and/or tributary assessment reaches
• Locations of photo stations
• Approximate acreage/linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos
Forms)")
❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc. to navigable waters.
9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Version: December 2013 Page 7
I.
Jurisdictional Determination Request
REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT
Prior to final production of a Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review.
Due to storage limitations of our administrative records, the Corps requires that all hard -
copy submittals include at least one original Plat (to scale) that is no larger than 11 "x 17"
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11 "x 17", may also be submitted for Corps signature as needed. The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file. Upon verification, the Corps can electronically sign these
plats and return them via e-mail to the requestor.
(1) PLATS SUBMITTED FOR APPROVAL
Must be sealed and signed by a licensed professional land surveyor
Must be to scale (all maps must include both a graphic scale and a verbal scale)
❑ Must be legible
Must include a North Arrow, Scale(s), Title, Property Information
Must include a legible WoUS Delineation Table of distances and bearings/metes
and bounds/GPS coordinates of all surveyed delineation points
Must clearly depict surveyed property or project boundaries
Must clearly identify the known surveyed point(s) used as reference (e.g. property
corner, USGS monument)
When wetlands are depicted:
• Must include acreage (or square footage) of wetland polygons
• Must identify each wetland polygon using an alphanumeric system
Version: December 2013 Page 8
Jurisdictional Determination Request
❑ When tributaries are depicted:
• Must include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OH W M) of tributary
• Must identify each tributary using an alphanumeric system
• Must include linear footage of tributaries and calculated area (using approximate
widths or surveyed OHWM)
• Must include name of tributary (based on the most recent USGS topographic
map) or, when no USGS name exists, identify as "unnamed tributary"
❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to
surveyed project/property boundaries
riMust include the location of wetland data points and/or tributary assessment
reaches
Must include, label accordingly, and depict acreage of all waters not currently
subject to the requirements of the CWA (e.g. "isolated wetlands", "non -
jurisdictional waters"). NOTE: An approved !D must be conducted in order to
make an official Corps determination that a particular waterbody or wetland is not
jurisdictional.
❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that
transport WoUS
Version: December 2013 page 9
jurisdictional Determination Request
(2) CERTIFICATION LANGUAGE
❑ When the entire actual Jurisdictional Bounday is depicted:
include the following Corps Certification language:
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction maybe relied upon for a period not to exceed five (5) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
❑ When uplands maybe present within a_dep_icted Jurisdictional Boundary:
include the following Corps Certification language:
"This certifies that this copy of this plat identifies all areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is change in the law or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands
Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
Version: December 2013 Page 10
Jurisdictional Determination Request
(3) CPS SURVEYS
For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as we)I as:
be at sub -meter accuracy at each survey point.
include an accuracy verification:
One or more known points (property corner, monument) shall be located with the
GPS and cross-referenced with the existing traditional property survey (metes and
bounds).
❑ include a brief description of the GPS equipment utilized.
Version: December 2013 Page 11
ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Ryan Medric - Resource Environmentai Solutions
302 Jefferson Street, Suite 110, Raleigh, NC 27605
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Durham
City: Durham
Center coordinates of site (lat/long in degree decimal format):
Lat. 36,0349 °N; Long.-78.7868
Universal Transverse Mercator: NAD 1983
Name Of nearest waterbody: Falls Lake
ow,
Identify (estimate) amount of waters in the review area:
Non -wetland waters:
15,360 linear feet: width (ft) and/or acres.
Cowardin Class: R4 and R5
Stream Flow: Intermittent and Perennial
Wetlands: 22.71 acres.
Cowardin Class: PFO, PEM, POW
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal:
Non -Tidal:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
SUPPORTING DATA. Data reviewed for preliminary JD
(check all that apply - checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
❑ Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant:
❑ Data sheets prepared/submitted by or on behalf of the
appli nt/consultant.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ USDA Natural Resources Conservation Service Soil Survey.
Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
or
2
1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved JD in
this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or
a Nationwide General Permit (NWP) or other general permit verification requiring
"pre -construction notification" (PCN), or requests verification for a non -reporting
NWP or other general permit, and the permit applicant has not requested an
approved JD for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
the applicant has the right to request an individual permit rather than accepting
the terms and conditions of the NWP or other general permit authorization; (4)
that the applicant can accept a permit authorization and thereby agree to comply
with all the terms and conditions of that permit, including whatever mitigation
requirements the Corps has determined to be necessary; (5) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative orjudicial compliance or enforcement
action, or in any administrative appeal or in any Federal court; and (7) whether
the applicant elects to use either an approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, a proffered
individual permit (and all terms and conditions contained therein), or individual
permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
This preliminary JD finds that there "may be"waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Signature and date of
Regulatory Project Manager
(REQUIRED)
4
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
Waters_Name
State
Cowardin_Code HGM_Code Meas_Type
Amount Units
Waters —Type
Latitude
Longitude Local _Waterway
BU1
NORTH CAROLINA
R4
Linear
598 FOOT
DELINEATE
36.0280991
-78.7947998 Falls Lake
BU6
NORTH CAROLINA
R5
Linear
1069 FOOT
DELINEATE
36.0337982
-78.7934036 Falls Lake
BU7
NORTH CAROLINA
R5
Linear
682 FOOT
DELINEATE
36.0345001
-78.7913971 Falls Lake
BU8
NORTH CAROLINA
R4
Linear
171 FOOT
DELINEATE
36.0349998
-78.7906036 Falls Lake
BU9
NORTH CAROLINA
R5
Linear
817 FOOT
DELINEATE
36.0344009
-78.7897034 Falls Lake
BU10-A
NORTH CAROLINA
R4
Linear
214 FOOT
DELINEATE
36.0340004
-78.7897034 Falls Lake
BU11
NORTH CAROLINA
R4
Linear
441 FOOT
DELINEATE
36.0357018
-78.7891998 Falls Lake
CH1
NORTH CAROLINA
R5
Linear
820 FOOT
DELINEATE
36.0275993
-78.7861023 Falls Lake
CH2
NORTH CAROLINA
R5
Linear
844 FOOT
DELINEATE
36.0292015
-78.7873993 Falls Lake
CH3
NORTH CAROLINA
R5
Linear
930 FOOT
DELINEATE
36.0292015
-78.7873993 Falls Lake
CH4
NORTH CAROLINA
R4
Linear
316 FOOT
DELINEATE
36.0289993
-78.7869034 Falls Lake
CH6
NORTH CAROLINA
R5
Linear
570 FOOT
DELINEATE
36.03129960
-78.78749850 Falls Lake
CH7
NORTH CAROLINA
R4
Linear
151 FOOT
DELINEATE
36.03150180
-78.78649900 Falls Lake
CH8
NORTH CAROLINA
R5
Linear
1687 FOOT
DELINEATE
36.03269960
-78.78749850 Falls Lake
MB1
NORTH CAROLINA
R5
Linear
1129 FOOT
DELINEATE
36.03560
-78.78760 Falls Lake
MB2
NORTH CAROLINA
R4
Linear
403 FOOT
DELINEATE
36.03810120
-78.78679660 Falls Lake
MB3
NORTH CAROLINA
R5
Linear
3174 FOOT
DELINEATE
36.03779980
-78.78579710 Falls Lake
MB4
NORTH CAROLINA
R4
Linear
1174 FOOT
DELINEATE
36.03590010
-78.78379820 Falls Lake
M135
NORTH CAROLINA
R4
Linear
213 FOOT
DELINEATE
36.03990170
-78.78459930 Falls Lake
Wetland A
NORTH CAROLINA
PFO
Area
0.78 ACRE
DELINEATE
36.02830120
-78.79389950 Falls Lake
Wetland B
NORTH CAROLINA
PEM
Area
2.87 ACRE
DELINEATE
36.03110120
-78.79450230 Falls Lake
Wetland E
NORTH CAROLINA
PEM
Area
2.07 ACRE
DELINEATE
36.03390120
-78.79299930 Falls Lake
Wetland G
NORTH CAROLINA
PFO
Area
0.21 ACRE
DELINEATE
36.02899930
-78.78659820 Falls Lake
Petty's Lake
NORTH CAROLINA
POW
Area
12.24 ACRE
DELINEATE
36.03200000
-78.79400000 Falls Lake
Pond A
NORTH CAROLINA
POW
Area
0.22 ACRE
DELINEATE
36.02950000
-78.79330000 Falls Lake
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Date: 3/3/2017
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WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 07-Mar-17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-1
Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): concave Slope: 0.0% / 0.0 °
Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0286982 Long.:-78.7938831 Datum: NAD83
Soil Map unit Name: White Store sandy loam NWI classification: PFO
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes O No O
Hydric Soil Present? Yes O No O Is the Sampled Area
Wetland Hydrology Present? Yes O' No O
within a Wetland? Yes O No O
Remarks:
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reauired)
Primary Indicators (minimum of one reauired: check all that aooly)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
d❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑d Drainage Patterns (B10)
d❑ Saturation (A3)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes O No O
Depth (inches):
Water Table Present? Yes O No O
Depth (inches): _ 12
Yes O No O
Saturation Present?
Yes No O
Wetland Hydrology
Depth (inches): 0
Present?
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: DP-1
Tree Stratum (Plot size: 30 )
1. Acer rubrum
2. Carpinus caroliniana
3. Pinus taeda
4.
5.
6.
7.
8.
Sapling-Sapling/Shrub Stratum (Plot size: 15 )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Shrub Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
Herb Stratum (Plot size: 5 )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Woody Vine Stratum (Plot size: 30 )
1. Smilax laurifolia
2.
3. _
4. _
5. _
6.
Absolute Rel.Strat. Indicator
% Cover
Cover
Status
50❑
100.09/6
FAC
0
❑ 0.09/6
FAC
0
❑ 0.09/6
FAC
0
❑ 0.0%
0
❑ 0.0%
_!
0
❑ 0.0%
0
❑ 0.0%
_
_
0
❑ 0.0%
50
= Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
20
0
0
0
0
0
20
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
= Total Cover
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
❑ 0.0%
❑ 0.0%
❑ 0.0%
= Total Cover
❑ 0.0%
❑ 0.0%
❑ 0.0%
❑ o.o%
❑ 0.0%
❑ o.o%
❑ o.o%
❑ 0.0%
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
❑ o.o% _
= Total Cover
d❑ 100.09/6 OBL
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
= Total Cover
Dominance Test worksheet:
Number of Dominant Species
That are OBL, FACW, or FAC:
2
(A)
Total Number of Dominant
Species Across All Strata:
2
(B)
Percent of dominant Species
That Are OBL, FACW, or FAC:
100.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply
by:
OBL species 20
x 1 =
20
FACW species 0
x 2 =
0
FAC species 50
x 3 =
150
FACU species 0
x 4 =
0
UPL species 0
x 5 =
0
Column Totals: 70
(A)
170
(B)
Prevalence Index = B/A =
2.429
Hydrophytic Vegetation Indicators:
❑ Rapid Test for Hydrophytic Vegetation
d❑ Dominance Test is > 50%
d❑ Prevalence Index is <_3.0 1
❑ Morphological Adaptations 1 (Provide supporting
data in Remarks or on a separate sheet)
❑ Problematic Hydrophytic Vegetation 1 (Explain)
1 Indicators of hydric soil and wetland hydrology must
be present unless disturbed or problematic.
Definition of Vegetation Strata:
Four Vegetation Strata:
Tree stratum - Consists of woody plants, excluding vines, 3 in.
(7.6 cm) or more in diameter at breast height (DBH),
regardless of height.
Sapling/shrub stratum - Consists of woody plants, excluding
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb stratum - Consists of all herbaceous (non -woody) plants,
regardless of size, and all other plants less than 3.28 ft tall.
Woody vines - Consists of all woody vines greater than 3.28 ft
in height.
Five Vegetation Strata:
Tree - Woody plants, excluding woody vines, approximately 20
ft (6 m) or more in height and 3 in. (7.6 cm) or larger in
diameter at breast height (DBH).
Sapling stratum - Consists of woody plants, excluding woody
vines, approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Herb stratum - Consists of all herbaceous (non -woody) plants,
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1
m) in height.
Woody vines - Consists of all woody vines, regardless of
height.
Hydrophytic
Vegetation
Present? Yes 0 No ❑
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: DP-1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches)_ Color (moist) % Color (moist) % Type 1 Locz —Texture
0-12 2.SY 6/1 55 7.5YR 5/8 45 C M Sandy Clay Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains
Hydric Soil Indicators:
❑ Histosol (Al)
❑ Histic Epipedon (A2)
❑ Black Histic (A3)
❑ Hydrogen Sulfide (A4)
❑ Stratified Layers (A5)
❑ 2 cm Muck (A10) (LRR N)
❑ Depleted Below Dark Surface (All)
❑ Thick Dark Surface (Al2)
❑ Sandy Muck Mineral (Sl) (LRR N,
MLRA 147, 148)
❑ Sandy Gleyed Matrix (S4)
❑ Sandy Redox (S5)
❑ Stripped Matrix (S6)
zLocation: PL=Pore Lining. M=Matrix
❑ Dark Surface (S7)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
❑ Loamy Gleyed Matrix (F2)
0 Depleted Matrix (F3)
❑ Redox Dark Surface (F6)
❑ Depleted Dark Surface (F7)
❑ Redox Depressions (F8)
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 136)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Piedmont Floodplain Soils (1`19) (MLRA 148)
❑ Red Parent Material (F21) (MLRA 127, 147)
Remarks
Indicators for Problematic Hydric Soils3:
❑ 2 cm Muck (A10) (MLRA 147)
❑ Coast Prairie Redox (A16)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
(MLRA 136, 147)
❑ Very Shallow Dark Surface (TF12)
❑ Other (Explain in Remarks)
3 Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes 0 No ❑
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 07-Mar-17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-2
Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 °
Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0287756 Long.:-78.7936717 Datum: NAD83
Soil Map unit Name: White Store sandy loam NWI classification: Upland
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes O No O
Hydric Soil Present? Yes O No O Is the Sampled Area
Wetland Hydrology Present? Yes O No
within a Wetland? Yes O No O
Remarks:
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reauired)
Primary Indicators (minimum of one reauired: check all that aooly)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
❑ Saturation (A3)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
❑ FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes O No O
Depth (inches):
Water Table Present? Yes O No O
_
Depth (inches):
Yes O No
Saturation Present?
Yes O No 0
Wetland Hydrology
Depth (inches):
Present?
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: DP-2
Tree Stratum (Plot size: 30 )
1. Pinus taeda
2. Liguidambar styraciflua
3. Acer rubrum
4.
5.
6.
7.
8.
Sapling-Sapling/Shrub
1.
Stratum (Plot size: 15 )
2.
3.
4.
5.
6.
7.
8.
9.
10.
Shrub Stratum
1.
(Plot size: )
2.
3.
4.
5.
6.
7.
Herb Stratum
1.
(Plot size: 5 )
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Woody Vine Stratum (Plot size: 30 )
1.
2.
3.
4.
5.
6.
_
_
_
Absolute Rel.Strat. Indicator
% Cover
Cover
Status
70❑
73.79/6
FAC
20
d❑ 21.19/6
FAC
5
❑ 5.3%
FAC
0
❑ 0.0%
0
❑ 0.0%
_!
0
❑ 0.0%
0
❑ 0.0%
_
_
0
❑ 0.0%
95
= Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
= Total Cover
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
❑ 0.0%
❑ 0.0%
❑ 0.0%
= Total Cover
❑ 0.0%
❑ 0.0%
❑ 0.0%
❑ o.o%
❑ 0.0%
❑ o.o%
❑ o.o%
❑ 0.0%
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
❑ o.o% _
= Total Cover
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
= Total Cover
Dominance Test worksheet:
Number of Dominant Species
That are OBL, FACW, or FAC:
2
(A)
Total Number of Dominant
Species Across All Strata:
2
(B)
Percent of dominant Species
That Are OBL, FACW, or FAC:
100.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply
by:
OBL species 0
x 1 =
0
FACW species 0
x 2 =
0
FAC species 95
x 3 =
285
FACU species 0
x 4 =
0
UPL species 0
x 5 =
0
Column Totals: 95
(A)
285
(B)
Prevalence Index = B/A =
3.000
Hydrophytic Vegetation Indicators:
❑ Rapid Test for Hydrophytic Vegetation
d❑ Dominance Test is > 50%
d❑ Prevalence Index is <_3.0 1
❑ Morphological Adaptations 1 (Provide supporting
data in Remarks or on a separate sheet)
❑ Problematic Hydrophytic Vegetation 1 (Explain)
1 Indicators of hydric soil and wetland hydrology must
be present unless disturbed or problematic.
Definition of Vegetation Strata:
Four Vegetation Strata:
Tree stratum - Consists of woody plants, excluding vines, 3 in.
(7.6 cm) or more in diameter at breast height (DBH),
regardless of height.
Sapling/shrub stratum - Consists of woody plants, excluding
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb stratum - Consists of all herbaceous (non -woody) plants,
regardless of size, and all other plants less than 3.28 ft tall.
Woody vines - Consists of all woody vines greater than 3.28 ft
in height.
Five Vegetation Strata:
Tree - Woody plants, excluding woody vines, approximately 20
ft (6 m) or more in height and 3 in. (7.6 cm) or larger in
diameter at breast height (DBH).
Sapling stratum - Consists of woody plants, excluding woody
vines, approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Herb stratum - Consists of all herbaceous (non -woody) plants,
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1
m) in height.
Woody vines - Consists of all woody vines, regardless of
height.
Hydrophytic
Vegetation
Present? Yes 0 No ❑
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: DP-2
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type 1 Locz `Texture
0-8 10YR 4/3 75 10YR 4/4 25 C M Sandy Loam
8-12 10YR 7/4 75 10YR 5/6 25 C M Sandy Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains
Hydric Soil Indicators:
zLocation: PL=Pore Lining. M=Matrix
❑ Histosol (Al)
❑ Dark Surface (S7)
❑ Histic Epipedon (A2)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
❑ Black Histic (A3)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
❑ Stratified Layers (A5)
❑ Depleted Matrix (F3)
❑ 2 cm Muck (A10) (LRR N)
❑ Redox Dark Surface (F6)
❑ Depleted Below Dark Surface (All)
❑ Depleted Dark Surface (F7)
❑ Thick Dark Surface (Al2)
❑ Redox Depressions (F8)
❑ Sandy Muck Mineral (Sl) (LRR N,
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 147, 148)
MLRA 136)
❑ Sandy Gleyed Matrix (S4)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Sandy Redox (S5)
❑ Piedmont Floodplain Soils (1`19) (MLRA 148)
❑ Stripped Matrix (S6)
❑ Red Parent Material (F21) (MLRA 127, 147)
Remarks
Indicators for Problematic Hydric Soils3:
❑ 2 cm Muck (A10) (MLRA 147)
❑ Coast Prairie Redox (A16)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
(MLRA 136, 147)
❑ Very Shallow Dark Surface (TF12)
❑ Other (Explain in Remarks)
3 Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes ❑ No
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 09-Mar-17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-3
Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 °
Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0393744 Long.:-78.7823988 Datum: NAD83
Soil Map unit Name: Cartecay and Chewacla soils NWI classification: Upland
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes O No O
Hydric Soil Present? Yes O No O Is the Sampled Area
Wetland Hydrology Present? Yes O No
within a Wetland? Yes O No O
Remarks:
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reauired)
Primary Indicators (minimum of one reauired: check all that aooly)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
❑ Saturation (A3)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
❑ FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes O No O
Depth (inches):
Water Table Present? Yes O No O
_
Depth (inches):
Yes O No
Saturation Present?
Yes O No 0
Wetland Hydrology
Depth (inches):
Present?
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: DP-3
Tree Stratum (Plot size: 30 )
1 , Liguidambar styraciflua
2. Ulmus alata
3. Platanus occidentalis
4. Pinus taeda
5.
6.
7.
8.
Sapling-Sapling/Shrub Stratum (Plot size: 15 )
1. Carpinus caroliniana
2.
3.
4.
5.
6.
7.
8.
9.
10.
Shrub Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
Herb Stratum (Plot size: 5 )
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Woody Vine Stratum (Plot size: 30 )
1.
2.
3. _
4. _
5. _
6.
Absolute Rel.Strat. Indicator
% Cover
Cover
Status
20❑
40.09/6
FAC
15
d❑
30.09/6
FACU
10❑
20.09/6
FACW
5
❑
10.09/6
FAC
0
❑
0.00/0
_!
0
❑
0.0%
0
❑
0.0%
_
_
0
❑
0.0%
50
= Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
5
0
0
0
0
0
0
0
0
0
5
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
d❑ 100.0% FAC
❑ 0.0%
❑ 0.0%
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
= Total Cover
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
❑ 0.0%
❑ 0.0%
❑ 0.0%
= Total Cover
❑ 0.0%
❑ 0.0%
❑ 0.0%
❑ o.o%
❑ 0.0%
❑ o.o%
❑ o.o%
❑ 0.0%
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
❑ o.o% _
= Total Cover
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
= Total Cover
Dominance Test worksheet:
Number of Dominant Species
That are OBL, FACW, or FAC:
3
(A)
Total Number of Dominant
Species Across All Strata:
4
(B)
Percent of dominant Species
That Are OBL, FACW, or FAC:
75.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply
by:
OBL species 0
x 1 =
0
FACW species 10
x 2 =
20
FAC species 30
x 3 =
90
FACU species 15
x 4 =
60
UPL species 0
x 5 =
0
Column Totals: 55
(A)
170
(B)
Prevalence Index = B/A =
3.091
Hydrophytic Vegetation Indicators:
❑ Rapid Test for Hydrophytic Vegetation
d❑ Dominance Test is > 50%
❑ Prevalence Index is <_3.0 1
❑ Morphological Adaptations 1 (Provide supporting
data in Remarks or on a separate sheet)
❑ Problematic Hydrophytic Vegetation 1 (Explain)
1 Indicators of hydric soil and wetland hydrology must
be present unless disturbed or problematic.
Definition of Vegetation Strata:
Four Vegetation Strata:
Tree stratum - Consists of woody plants, excluding vines, 3 in.
(7.6 cm) or more in diameter at breast height (DBH),
regardless of height.
Sapling/shrub stratum - Consists of woody plants, excluding
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb stratum - Consists of all herbaceous (non -woody) plants,
regardless of size, and all other plants less than 3.28 ft tall.
Woody vines - Consists of all woody vines greater than 3.28 ft
in height.
Five Vegetation Strata:
Tree - Woody plants, excluding woody vines, approximately 20
ft (6 m) or more in height and 3 in. (7.6 cm) or larger in
diameter at breast height (DBH).
Sapling stratum - Consists of woody plants, excluding woody
vines, approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Herb stratum - Consists of all herbaceous (non -woody) plants,
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1
m) in height.
Woody vines - Consists of all woody vines, regardless of
height.
Hydrophytic
Vegetation
Present? Yes 0 No ❑
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: DP-3
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Tvne 1 Locz `Texture
0-2 2.SY 4/2 100 Sandy Loam
2-12 2.5Y 5/1 60 7.5YR 5/8 40 C M Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains
Hydric Soil Indicators:
zLocation: PL=Pore Lining. M=Matrix
❑ Histosol (Al)
❑ Dark Surface (S7)
❑ Histic Epipedon (A2)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
❑ Black Histic (A3)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
❑ Stratified Layers (A5)
0 Depleted Matrix (F3)
❑ 2 cm Muck (A10) (LRR N)
❑ Redox Dark Surface (F6)
❑ Depleted Below Dark Surface (All)
❑ Depleted Dark Surface (F7)
❑ Thick Dark Surface (Al2)
❑ Redox Depressions (F8)
❑ Sandy Muck Mineral (Sl) (LRR N,
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 147, 148)
MLRA 136)
❑ Sandy Gleyed Matrix (S4)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Sandy Redox (S5)
❑ Piedmont Floodplain Soils (1`19) (MLRA 148)
❑ Stripped Matrix (S6)
❑ Red Parent Material (F21) (MLRA 127, 147)
Remarks
Indicators for Problematic Hydric Soils3:
❑ 2 cm Muck (A10) (MLRA 147)
❑ Coast Prairie Redox (A16)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
(MLRA 136, 147)
❑ Very Shallow Dark Surface (TF12)
❑ Other (Explain in Remarks)
3 Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes 0 No ❑
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 09-Mar-17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-4
Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 °
Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0344481 Long.:-78.7920942 Datum: NAD83
Soil Map unit Name: White Store sandy loam NWI classification: PFO
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes O No O
Hydric Soil Present? Yes O No O Is the Sampled Area
Wetland Hydrology Present? Yes O' No O
within a Wetland? Yes O No O
Remarks:
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reauired)
Primary Indicators (minimum of one reauired: check all that aooly)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
V Saturation (A3)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
❑ FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes O No O
Depth (inches):
Water Table Present? Yes O No O
_
Depth (inches):
Yes O No O
Saturation Present?
Yes * No O
Wetland Hydrology
Depth (inches): 0
Present?
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: DP-4
Absolute
Rel.Strat.
Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: 30 )
% Cover
Cover
Status
Number of Dominant Species
1 , Acer rubrum
50❑
76.9%
FAC
That are OBL, FACW, or FAC: 5 (A)
2• Juniperus virginiana
15
d❑
23.1%
FACU
El0.0o
Total Number of Dominant
3
0
/o
Species Across All Strata: 8 (B)
4•
0
❑
o.o%
5
0
❑
0.00/0
Percent of dominant Species
❑
-
That Are OBL, FACW, or FAC: 62.5% (A/B)
6.
0
0.00/0
-
7
0
❑
0.0%
Prevalence Index worksheet:
$
0
❑
o.00/o
-
Total % Cover of: Multiply by:
65
= Total Cover
OBL species 0 x 1 = 0
Sapling-Sapling/Shrub Stratum (Plot size: 15
)
FACW species 30 x 2 = 60
1 Carpinus caroliniana
30
d❑
37.5%
FAC
•
2• Rubusargutus
30
d❑
37.5%
FACU
FAC species 140 x 3 = 420
3. Ilex opaca
20
d❑
25.0%
FACU
FACU species 65 x 4 = 260
4
0
❑
0.0%
UPL species 0 x 5= 0
5
0
❑
0.o%
Column Totals: 235 (A) 740 (B)
6
0
❑
o.00/o
Prevalence Index = B/A = 3.149
7
0
❑
0.0%
Hydrophytic Vegetation Indicators:
$
0
❑
0.00/0
❑ Rapid Test for Hydrophytic Vegetation
g
0
❑
o.o%
d❑ Dominance Test is > 50%
1 �•
0
El
El Prevalence Index is <_3.0 1
Shrub Stratum (Plot size: )
80
= Total Cover
❑Morphological Adaptations 1 (Provide supporting
1
0
❑
0.00/0
data in Remarks or on a separate sheet)
2
0
❑
0.00/0
❑ Problematic Hydrophytic Vegetation 1 (Explain)
3
0
❑
0.00/0
1 Indicators of hydric soil and wetland hydrology must
4
0
❑
0.00/0
be present, unless disturbed or problematic.
Definition of Vegetation Strata:
5• 0 ❑ o.00/o
6•
0
❑
o.00/o
Four Vegetation Strata:
7
0
El0.0%
Tree stratum - Consists of woody plants, excluding vines, 3 in.
- --
(7.6 cm) or more in diameter at breast height (DBH),
Herb Stratum (Plot size: 5 )
0
= Total Cover
regardless of height.
El
Sapling/shrub stratum - Consists of woody plants, excluding
1 .
0 0%
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
2. Microstegium vimineum
40
d❑
57.1%
FAC
Herb stratum - Consists of all herbaceous (non -woody) plants,
3. Juncus effusus
30
d❑
42.9%
FACW
regardless of size, and all other plants less than 3.28 ft tall.
4'
0
El0.0%
Woody vines - Consists of all woody vines greater than 3.28 ft
Elo.o°ro
in height.
5•
o
6
0
❑
o.00/o
-
Five Vegetation Strata:
7•
0
❑
0.00/0
❑
-
Tree -Woody plants, excluding woody vines, approximately 20
$
0
0.00/0
ft (6 m) or more in height and 3 in. (7.6 cm) or larger in
g•
0
❑
0.0%
diameter at breast height (DBH).
El
Sapling stratum - Consists of woody plants, excluding woody
1 0
0
0.0%
vines, approximately 20 ft (6 m) or more in height and less
11.
0
❑
0.0%
than 3 in. (7.6 cm) DBH.
12
0
❑
0.00/0
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Woody Vine Stratum (Plot size: 30 )
70
= Total Cover
Herb stratum -Consists of all herbaceous (non -woody) plants,
1. Smilax rotundifolia
20
d❑
100.0%
FAC
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1
2•
0
❑
0.00/0
m) in height.
3 •
0
❑
0.00/0
Woody vines - Consists of all woody vines, regardless of
4.
_ 0
❑
0.0%
-
height.
Hydrophytic
6
0
❑
0.00/0
-
Vegetation
Yes 0 NO ❑
20
=Total Cover
Present?
Remarks: (Include photo numbers here or on a separate sheet.)
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: DP-4
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type 1 Locz `Texture
0-4 2.SY 4/1 80 10YR 6/8 20 C M Sandy Loam
4-12 2.5Y 5/1 60 10YR 6/8 40 C M Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains
Hydric Soil Indicators:
zLocation: PL=Pore Lining. M=Matrix
❑ Histosol (Al)
❑ Dark Surface (S7)
❑ Histic Epipedon (A2)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
❑ Black Histic (A3)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
❑ Stratified Layers (A5)
0 Depleted Matrix (F3)
❑ 2 cm Muck (A10) (LRR N)
❑ Redox Dark Surface (F6)
❑ Depleted Below Dark Surface (All)
❑ Depleted Dark Surface (F7)
❑ Thick Dark Surface (Al2)
❑ Redox Depressions (F8)
❑ Sandy Muck Mineral (Sl) (LRR N,
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 147, 148)
MLRA 136)
❑ Sandy Gleyed Matrix (S4)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Sandy Redox (S5)
❑ Piedmont Floodplain Soils (1`19) (MLRA 148)
❑ Stripped Matrix (S6)
❑ Red Parent Material (F21) (MLRA 127, 147)
Remarks
Indicators for Problematic Hydric Soils3:
❑ 2 cm Muck (A10) (MLRA 147)
❑ Coast Prairie Redox (A16)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
(MLRA 136, 147)
❑ Very Shallow Dark Surface (TF12)
❑ Other (Explain in Remarks)
3 Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes 0 No ❑
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 09-Mar-17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-5
Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 °
Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0344931 Long.:-78.7920373 Datum: NAD83
Soil Map unit Name: White Store sandy loam NWI classification: Upland
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No ❑ (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No ❑
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes ❑ No O
Hydric Soil Present? Yes ❑ No O Is the Sampled Area
Wetland Hydrology Present? Yes ❑ No
within a Wetland? Yes 0 No
Remarks:
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reauired)
Primary Indicators (minimum of one reauired: check all that aooly)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
❑ Saturation (A3)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
❑ FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes ❑ No O
Depth (inches):
Water Table Present? Yes ❑ No O
_
Depth (inches):
Yes ❑ No
Saturation Present?
Yes ❑ No 0
Wetland Hydrology
Depth (inches):
Present?
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: DP-6
Absolute
Rel.Strat.
Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: 30 )
% Cover
Cover
Status
Number of Dominant Species
1 , Ouercus alba
35❑
43.80/6
FACU
That are OBL, FACW, or FAC: 2 (A)
2• Liriodendron tulipifera
25
d❑
31.30/6
FACU
Total Number of Dominant
3• Fagus grandifolia
20❑
25.0%
FACU
Species Across All Strata: 7 (B)
4•
0
❑
o.o%
5
0
❑
0.00/0
Percent of dominant Species
❑
-
That Are OBL, FACW, or FAC: 28.6% (A/B)
6.
0
0.00/0
-
7
0
❑
0.0%
Prevalence Index worksheet:
$
0
❑
o.00/o
-
Total % Cover of: Multiply by:
80
= Total Cover
OBL species 0 x 1 = 0
Sapling-Sapling/Shrub Stratum (Plot size: 15
)
FACW species 0 x 2= 0
1• Ilex opaca
15
d❑
50.0%
FACU
2• Rubusargutus
15
d❑
50.0%
FACU
FAC species 35 x 3 = 105
3
0
❑
0.00/0
FACU species 110 x 4 = 440
4
0
❑
0.0%
-
UPL species 0 x 5= 0
5
0
❑
0.0%
Column Totals: 145 (A) 545 (B)
6
0
❑
o.00/o
Prevalence Index = B/A = 3.759
7
0
❑
0.0%
Hydrophytic Vegetation Indicators:
$
0
❑
0.00/0
❑ Rapid Test for Hydrophytic Vegetation
g
0
❑
o.o%
❑ Dominance Test is > 50%
1 �•
0
El
El Prevalence Index is <_3.0 1
Shrub Stratum (Plot size: )
30
= Total Cover
❑Morphological Adaptations 1 (Provide supporting
1
0
❑
0.00/0
data in Remarks or on a separate sheet)
2
0
❑
0.00/0
❑ Problematic Hydrophytic Vegetation 1 (Explain)
3
0
❑
0.00/0
1 Indicators of hydric soil and wetland hydrology must
4
0
❑
0.00/0
be present, unless disturbed or problematic.
5•
0
❑
o.00/o
-
Definition of Vegetation Strata:
6•
0
❑
o.00/o
Four Vegetation Strata:
7
0
El0.0%
-
Tree stratum - Consists of woody plants, excluding vines, 3 in.
- --
(7.6 cm) or more in diameter at breast height (DBH),
Herb Stratum (Plot size: 5 )
0
= Total Cover
regardless of height.
0
Sapling/shrub stratum - Consists of woody plants, excluding
1 . Microsteaium vimineum
20
100.0%
FAC
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
2
0
❑
0.00/0
Herb stratum - Consists of all herbaceous (non -woody) plants,
3
0
❑
0.00/0
regardless of size, and all other plants less than 3.28 ft tall.
4'
0
El0.0%
Woody vines - Consists of all woody vines greater than 3.28 ft
Elo.o%
in height.
5•
0
-
g
0
❑
o.00/o
-
Five Vegetation Strata:
7
0
❑
0.00/0
❑
-
Tree -Woody plants, excluding woody vines, approximately 20
$
0
0.00/0
ft (6 m) or more in height and 3 in. (7.6 cm) or larger in
g•
0
❑
0.0%
diameter at breast height (DBH).
El
Sapling stratum - Consists of woody plants, excluding woody
1 0
0
0.0%
-
vines, approximately 20 ft (6 m) or more in height and less
11.
0
❑
0.0%
than 3 in. (7.6 cm) DBH.
12
0
❑
0.00/0
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Woody Vine Stratum (Plot size: 30 )
20
= Total Cover
Herb stratum -Consists of all herbaceous (non -woody) plants,
1. Smilax rotundifolia
15
d❑
100.0%
FAC
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1
2•
0
❑
0.0%
m) in height.
3 •
0
❑
0.00/0
Woody vines - Consists of all woody vines, regardless of
4.
_ 0
❑
0.0%
-
height.
Hydrophytic
6
0
❑
0.00/0
Vegetation
Yes 0 No
15
=Total Cover
Present?
Remarks: (Include photo numbers here or on a separate sheet.)
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: DP-6
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches)_ Color (moist) % Color (moist) % Type 1 Locz `Texture
0-12 2.SY 5/3 90 10YR 6/8 10 C M Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains
Hydric Soil Indicators:
❑ Histosol (Al)
❑ Histic Epipedon (A2)
❑ Black Histic (A3)
❑ Hydrogen Sulfide (A4)
❑ Stratified Layers (A5)
❑ 2 cm Muck (A10) (LRR N)
❑ Depleted Below Dark Surface (All)
❑ Thick Dark Surface (Al2)
❑ Sandy Muck Mineral (Sl) (LRR N,
MLRA 147, 148)
❑ Sandy Gleyed Matrix (S4)
❑ Sandy Redox (S5)
❑ Stripped Matrix (S6)
zLocation: PL=Pore Lining. M=Matrix
❑ Dark Surface (S7)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
❑ Loamy Gleyed Matrix (F2)
❑ Depleted Matrix (F3)
❑ Redox Dark Surface (F6)
❑ Depleted Dark Surface (F7)
❑ Redox Depressions (F8)
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 136)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Piedmont Floodplain Soils (1`19) (MLRA 148)
❑ Red Parent Material (F21) (MLRA 127, 147)
Remarks
Indicators for Problematic Hydric Soils3:
❑ 2 cm Muck (A10) (MLRA 147)
❑ Coast Prairie Redox (A16)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
(MLRA 136, 147)
❑ Very Shallow Dark Surface (TF12)
❑ Other (Explain in Remarks)
3 Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes ❑ No
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 10-Mar-17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-6
Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Channel (abandoned), Floodp Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 °
Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0329138 Long.:-78.7863560 Datum: NAD83
Soil Map unit Name: White Store sandy loam NWI classification: PFO
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes O No O
Hydric Soil Present? Yes O No O Is the Sampled Area
Wetland Hydrology Present? Yes O' No O
within a Wetland? Yes O No O
Remarks:
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reauired)
Primary Indicators (minimum of one reauired: check all that aooly)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑d Drainage Patterns (B10)
V Saturation (A3)
❑d Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes O No O
Depth (inches):
Water Table Present? Yes O No O
_
Depth (inches):
Yes O No O
Saturation Present?
Yes * No O
Wetland Hydrology
Depth (inches): 3
Present?
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: DP-6
Tree Stratum (Plot size: 30 )
1 , Carpinus caroliniana
2. Acer rubrum
3. Platanus occidentalis
4. Liguidambar stvraciflua
5.
6.
7.
8.
Sapling-Sapling/Shrub Stratum (Plot size: 15 )
1. Carpinus caroliniana
2.
3.
4.
5.
6.
7.
8.
9.
10.
Shrub Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
Herb Stratum (Plot size: 5 )
1. Microstegium vimineum
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Woody Vine Stratum (Plot size: 30 )
1.
2.
3.
4. _
5. _
6.
Absolute Rel.Strat. Indicator
% Cover
Cover
Status
25❑
35.79/6
FAC
20
d❑
28.69/6
FAC
15❑
21.49/6
FACW
10
❑
14.39/6
FAC
0
❑
0.0%
0
❑
0.0%
0
❑
0.0%
_
_
0
❑
0.0%
70
= Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
20
0
0
0
0
0
0
0
0
0
20
0
0
0
0
0
0
0
0
50
0
0
0
0
0
0
0
0
0
0
0
50
0
0
0
0
0
0
0
d❑ 100.0% FAC
❑ 0.0%
❑ 0.0%
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
= Total Cover
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
❑ 0.0% _
❑ 0.0% _
❑ 0.0%
= Total Cover
d❑ 100.0% FAC
❑ 0.0% _
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
❑ o.o% _
❑ o.o% _
❑ 0.0% _
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
❑ o.o% _
= Total Cover
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ 0.0% _
❑ o.o% _
❑ 0.0% _
= Total Cover
Dominance Test worksheet:
Number of Dominant Species
That are OBL, FACW, or FAC:
5
(A)
Total Number of Dominant
Species Across All Strata:
5
(B)
Percent of dominant Species
That Are OBL, FACW, or FAC:
100.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply
by:
OBL species 0
x 1 =
0
FACW species 15
x 2 =
30
FAC species 125
x 3 =
375
FACU species 0
x 4 =
0
UPL species 0
x 5 =
0
Column Totals: 140
(A)
405
(B)
Prevalence Index = B/A =
2.893
Hydrophytic Vegetation Indicators:
❑ Rapid Test for Hydrophytic Vegetation
d❑ Dominance Test is > 50%
d❑ Prevalence Index is <_3.0 1
❑ Morphological Adaptations 1 (Provide supporting
data in Remarks or on a separate sheet)
❑ Problematic Hydrophytic Vegetation 1 (Explain)
1 Indicators of hydric soil and wetland hydrology must
be present unless disturbed or problematic.
Definition of Vegetation Strata:
Four Vegetation Strata:
Tree stratum - Consists of woody plants, excluding vines, 3 in.
(7.6 cm) or more in diameter at breast height (DBH),
regardless of height.
Sapling/shrub stratum - Consists of woody plants, excluding
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb stratum - Consists of all herbaceous (non -woody) plants,
regardless of size, and all other plants less than 3.28 ft tall.
Woody vines - Consists of all woody vines greater than 3.28 ft
in height.
Five Vegetation Strata:
Tree - Woody plants, excluding woody vines, approximately 20
ft (6 m) or more in height and 3 in. (7.6 cm) or larger in
diameter at breast height (DBH).
Sapling stratum - Consists of woody plants, excluding woody
vines, approximately 20 ft (6 m) or more in height and less
than 3 in. (7.6 cm) DBH.
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Herb stratum - Consists of all herbaceous (non -woody) plants,
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1
m) in height.
Woody vines - Consists of all woody vines, regardless of
height.
Hydrophytic
Vegetation
Present? Yes 0 No ❑
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: DP-6
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth
Matrix
Redox Features
(inches)
Color (moist) %
Color (moist) % Tvne 1 Locz
`Texture
0-2
10YR 5/4 100
Sandy Loam
2-4
10YR 4/2 90
7.5YR 5/8 10 C PL, M
Loam
4-12
10YR 5/1 75
7.5YR 5/8 25 C PL, M
Clay Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains
Hydric Soil Indicators:
zLocation: PL=Pore Lining. M=Matrix
❑ Histosol (Al)
❑ Dark Surface (S7)
❑ Histic Epipedon (A2)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
❑ Black Histic (A3)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
❑ Stratified Layers (A5)
0 Depleted Matrix (F3)
❑ 2 cm Muck (A10) (LRR N)
❑ Redox Dark Surface (F6)
❑ Depleted Below Dark Surface (All)
❑ Depleted Dark Surface (F7)
❑ Thick Dark Surface (Al2)
❑ Redox Depressions (F8)
❑ Sandy Muck Mineral (Sl) (LRR N,
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 147, 148)
MLRA 136)
❑ Sandy Gleyed Matrix (S4)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Sandy Redox (S5)
❑ Piedmont Floodplain Soils (1`19) (MLRA 148)
❑ Stripped Matrix (S6)
❑ Red Parent Material (F21) (MLRA 127, 147)
Remarks
Indicators for Problematic Hydric Soils3:
❑ 2 cm Muck (A10) (MLRA 147)
❑ Coast Prairie Redox (A16)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
(MLRA 136, 147)
❑ Very Shallow Dark Surface (TF12)
❑ Other (Explain in Remarks)
3 Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes 0 No ❑
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 07-Mar-17
Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-7
Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R
Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 °
Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0290217 Long.:-78.7863420 Datum: NAD83
Soil Map unit Name: White Store sandy loam NWI classification: Upland
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No ❑ (If no, explain in Remarks.)
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No ❑
Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.)
Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes ❑ No O
Hydric Soil Present? Yes ❑ No O Is the Sampled Area
Wetland Hydrology Present? Yes ❑ No
within a Wetland? Yes 0 No
Remarks:
Hydrology
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reauired)
Primary Indicators (minimum of one reauired: check all that aooly)
❑ Surface Soil Cracks (B6)
❑ Surface Water (Al)
❑ True Aquatic Plants (B14)
❑ Sparsely Vegetated Concave Surface (B8)
❑ High Water Table (A2)
❑ Hydrogen Sulfide Odor (Cl)
❑ Drainage Patterns (B10)
❑ Saturation (A3)
❑ Oxidized Rhizospheres along Living Roots (0)
❑ Moss Trim Lines (B16)
❑ Water Marks (Bl)
❑ Presence of Reduced Iron (C4)
❑ Dry Season Water Table (C2)
❑ Sediment Deposits (B2)
❑ Recent Iron Reduction in Tilled Soils (C6)
❑ Crayfish Burrows (C8)
❑ Drift deposits (B3)
❑ Thin Muck Surface (C7)
❑ Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑ Other (Explain in Remarks)
❑ Stunted or Stressed Plants (Dl)
❑ Iron Deposits (B5)
❑ Geomorphic Position (D2)
❑ Inundation Visible on Aerial Imagery (B7)
❑ Shallow Aquitard (D3)
❑ Water -Stained Leaves (B9)
❑ Microtopographic Relief (D4)
❑ Aquatic Fauna (B13)
❑ FAC-neutral Test (D5)
Field Observations:
Surface Water Present? Yes ❑ No O
Depth (inches):
Water Table Present? Yes ❑ No O
_
Depth (inches):
Yes ❑ No
Saturation Present?
Yes ❑ No 0
Wetland Hydrology
Depth (inches):
Present?
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
VEGETATION (Five/Four Strata)- Use scientific names of plants.
Dominant
Sampling Point: DP-7
Absolute
Rel.Strat.
Indicator
Dominance Test worksheet:
Tree Stratum (Plot size: 30 )
% Cover
Cover
Status
Number of Dominant Species
1 , Pinus taeda
50
❑
83.3%
FAC
That are OBL, FACW, or FAC: 2 (A)
2• Liguidambar styraciflua
10
❑
16.7%
FAC
❑
Total Number of Dominant
3
0
0.0° /o
_
Species Across All Strata: 6 (B)
4•
0
❑
o.o%
-
5
0
❑
0.00/0
Percent of dominant Species
❑
-
That Are OBL, FACW, or FAC: 33.3% (A/B)
6.
0
0.00/0
-
7
0
❑
0.0%
Prevalence Index worksheet:
$
0
❑
o.00/o
-
Total % Cover of: Multiply by:
60
= Total Cover
OBL species 0 x 1 = 0
Sapling-Sapling/Shrub Stratum (Plot size: 15
)
FACW species 0 x 2 = 0
1 ]uniperus virginiana
15
d❑
60.0%
FACU
•
2• Liciustrum sinense
10
d❑
40.0%
FACU
FAC species 80 x 3 = 240
3
0
❑
0.0%
FACU species 35 x 4 = 140
4
0
❑
0.0%
-
UPL species 0 x 5= 0
5
0
❑
0.o%
Column Totals: 115 (A) 380 (B)
6
0
❑
o.00/o
Prevalence Index = B/A = 3.304
0
❑
0.0%
Hydrophytic Vegetation Indicators:
$
0
❑
0.00/0
❑ Rapid Test for Hydrophytic Vegetation
g
0
❑
o.o%
❑ Dominance Test is > 50%
1 �•
0
El
El Prevalence Index is <_3.0 1
Shrub Stratum (Plot size: )
25
= Total Cover
❑Morphological Adaptations 1 (Provide supporting
1
0
❑
0.00/0
data in Remarks or on a separate sheet)
2
0
❑
0.00/0
❑ Problematic Hydrophytic Vegetation 1 (Explain)
3
0
❑
0.00/0
1 Indicators of hydric soil and wetland hydrology must
4
0
❑
0.00/0
be present, unless disturbed or problematic.
Definition of Vegetation Strata:
5• 0 ❑ o.00/o -
6•
0
❑
o.00/o
Four Vegetation Strata:
7
0
El0.0%
-
Tree stratum - Consists of woody plants, excluding vines, 3 in.
- --
(7.6 cm) or more in diameter at breast height (DBH),
Herb Stratum (Plot size: 5 )
0
= Total Cover
regardless of height.
d❑
Sapling/shrub stratum - Consists of woody plants, excluding
1 . Microsteaium vimineum
20
80.0%
FAC
vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall.
2. Allium canadense
5
d❑
20.0%
FACU
Herb stratum - Consists of all herbaceous (non -woody) plants,
3
0
❑
0.00/0
regardless of size, and all other plants less than 3.28 ft tall.
4'
0
El0.0%
Woody vines - Consists of all woody vines greater than 3.28 ft
Elo.o%
in height.
5•
0
-
6
0
❑
o.00/o
-
Five Vegetation Strata:
7
0
❑
0.00/0
❑
-
Tree -Woody plants, excluding woody vines, approximately 20
$
0
0.00/0
ft (6 m) or more in height and 3 in. (7.6 cm) or larger in
g•
0
❑
0.0%
diameter at breast height (DBH).
El
Sapling stratum - Consists of woody plants, excluding woody
1 0
0
0.0%
vines, approximately 20 ft (6 m) or more in height and less
11.
0
❑
0.0%
than 3 in. (7.6 cm) DBH.
12
0
❑
0.00/0
Shrub stratum - Consists of woody plants, excluding woody
vines, approximately 3 to 20 ft (1 to 6 m) in height.
Woody Vine Stratum (Plot size: 30 )
25
=Total Cover
Herb stratum - Consists of all herbaceous (non -woody) plants,
1. Lonicera japonica
5
d❑
100.00/0
FACU
including herbaceous vines, regardless of size, and woody
species, except woody vines, less than approximately 3 ft (1
2•
0
❑
0.0%
m) in height.
3 •
0
❑
0.00/0
Woody vines - Consists of all woody vines, regardless of
4.
_ 0
❑
0.0%
-
height.
Hydrophytic
6
0
❑
0.00/0
-
Vegetation
Yes ❑ No
5
=Total Cover
Present?
Remarks: (Include photo numbers here or on a separate sheet.)
*Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS.
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Soil
Sampling Point: DP-7
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Tvne 1 Locz `Texture
0-1 10YR 2/1 100 Silt Loam
1-12 2.SY 6/4 90 7.5YR 5/8 10 C M Sandy Clay Loam
1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains
Hydric Soil Indicators:
zLocation: PL=Pore Lining. M=Matrix
❑ Histosol (Al)
❑ Dark Surface (S7)
❑ Histic Epipedon (A2)
❑ Polyvalue Below Surface (S8) (MLRA 147,148)
❑ Black Histic (A3)
❑ Thin Dark Surface (S9) (MLRA 147, 148)
❑ Hydrogen Sulfide (A4)
❑ Loamy Gleyed Matrix (F2)
❑ Stratified Layers (A5)
❑ Depleted Matrix (F3)
❑ 2 cm Muck (A10) (LRR N)
❑ Redox Dark Surface (F6)
❑ Depleted Below Dark Surface (All)
❑ Depleted Dark Surface (F7)
❑ Thick Dark Surface (Al2)
❑ Redox Depressions (F8)
❑ Sandy Muck Mineral (Sl) (LRR N,
❑ Iron -Manganese Masses (1`12) (LRR N,
MLRA 147, 148)
MLRA 136)
❑ Sandy Gleyed Matrix (S4)
❑ Umbric Surface (1`13) (MLRA 136, 122)
❑ Sandy Redox (S5)
❑ Piedmont Floodplain Soils (1`19) (MLRA 148)
❑ Stripped Matrix (S6)
❑ Red Parent Material (F21) (MLRA 127, 147)
Remarks
Indicators for Problematic Hydric Soils3:
❑ 2 cm Muck (A10) (MLRA 147)
❑ Coast Prairie Redox (A16)
(MLRA 147,148)
❑ Piedmont Floodplain Soils (1`19)
(MLRA 136, 147)
❑ Very Shallow Dark Surface (TF12)
❑ Other (Explain in Remarks)
3 Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes ❑ No
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
I
M. p 1a R
Rood Rd
Rgdwood Rd
preF
S
0 250 500
Feet
Potenital
Wetland and Non -Wetland
Waters of the US
Bucher
Mitigation Project
Durham County,
North Carolina
Date: 8/22/2019 Drawn by: MDE
Revisions: 2 Checked by: JRM
Legend
Study Area
® Pond
® Wetland
Stream
Wetland Data Point
Ct Upland Data Point
rr�#r� .i7�a ����j►`���
��r
Appendix D.
Agency Correspondence
RECEIVED
November 3, 2()16 NOV 0 9 2016
John Thomas BEGIILATORY
U.S. Army Corps of Engineers, Wilmington District
IELD OFFICE
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: EBX-Neuse 1, LLC / SAW-2016-01988/ Durham County
Dear Mr. Thomas:
The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above
referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal
adverse impacts to,f sh and wildlife resources. Therefore, we have no objection to the activity as
described in the pert -nit application.
In accordance with the Endangered Species Act of 1973 as amended, (ESA) and based on the
information provided, and other available information, it appears the action is not likely to adversely
affect federally listed species or their critical habitat as defined by the ESA. We believe that the
requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that
obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this
action that may affect listed species or critical habitat in a manner not previously considered; (2) this
action is modified in a manner that was not considered in this review; or, (3) a new species is listed or
critical habitat determined that may be affected by the identified action.
For your convenience a list of all federally protected endangered and threatened species in North
Carolina is now available on our website at <http://www.fws.gov/raleigli>. Our web page contains a
complete and updated list of federally protected species, and a list of federal species of concern
known to occur in each county in North Carolina.
The Service appreciates the opportunity to review and provide comments on the proposed action.
Should you have any questions regarding the project, please contact Emily Wells at (919) 856-4520,
extension 25.
Sincerely;
Pete Bet jamin, ,
Field tpervisor
cc: NMFS, Beaufort; NC
EPA, Atlanta, GA
WRC, Raleigh
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Govemor Pat McCrory
Secretary Susan Kluttz
November 28, 2016
John Thomas
Raleigh Regulatory Field Office
3331 Heritage Trade Street, Suite 105
Wake Forest, NC 27587
Office of Archives and History
Deputy Secretary Kevin Cherry
Re; Add Bucher Stream Mitigation Site to the New -Con Umbrella Mitigation Bank, SAW 2016-01988,
Durham County, ER 16-2084
Dear Mr, Thomas:
We have received a public notice concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. if you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review a,neder.goy. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
t55VIRamona M. Bartos
Location; 1091;ast Jones Street, Raleigh NC 27601 mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570l807-6599