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HomeMy WebLinkAbout20160366 Ver 1_Mitigation Plan_ Final_reducedsize_20170323MITIGATION PLAN MARTIN DAIRY MITIGATION PLAN Orange County, NC Final NCDEQ Contract No. 6831 DMS ID No. 97087 March 2017 Neuse River Basin HUC 03020201 USACE Action ID No. 2016-00874 RFP #: 16-006447 PREPARED FOR: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 PREPARED BY: 0 WIL DLANDS Wildlands Engineering, Inc. 312 W Millbrook Road, Suite 225 Raleigh, NC 27609 Phone: (919) 851-9986 PREPARED FOR: PREPARED BY: FINAL MITIGATION PLAN MARTIN DAIRY MITIGATION SITE Orange County, NC NCDEQ Contract No. 6831 DMS ID No. 97087 Neuse River Basin H U C 03020201 USACE Action ID No. 2016-00874 rk� NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 oft WILDLANDS ENGINEERING Wildlands Engineering, Inc. 312 W Millbrook Road, Suite 225 Raleigh, NC 27609 Phone: (919) 851-9986 This mitigation Plan has been written in conformance with the requirements of the following: • Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14). • NCDEQ Division of Mitigation Services In -Lieu Fee Instrument signed and dated July 28, 2010. These documents govern DMS operations and procedures for the delivery of compensatory mitigation. Contributing Staff: Angela Allen, PE, Project Manager and Designer John Hutton, Principal in Charge Kenton Beal, Existing Conditions Analysis Abigail Maloof, El, GIS and Mapping Win Taylor, PWS, Wetland Delineations Coy McKenzie, Construction Documents Christine Blackwelder, Lead Quality Assurance TABLE OF CONTENTS 1.0 Introduction.............................................................................................................................. 1 2.0 Watershed Approach and Site Selection.................................................................................... 1 3.0 Baseline and Existing Conditions............................................................................................... 2 3.1 Landscape Characteristics............................................................................................................ 2 3.2 Land Use/Land Cover....................................................................................................................3 3.3 Existing Vegetation....................................................................................................................... 4 3.4 Project Resources......................................................................................................................... 4 4.0 Watershed and Channel Disturbance and Response..................................................................5 5.0 Functional Uplift Potential........................................................................................................ 6 5.1 Hydrology......................................................................................................................................6 5.2 Hydraulics..................................................................................................................................... 6 5.3 Channel Geomorphology..............................................................................................................7 5.4 Physicohemical.............................................................................................................................7 5.5 Biology.......................................................................................................................................... 8 5.6 Overall Functional Uplift Potential...............................................................................................8 5.7 Site Constraints to Functional Uplift............................................................................................. 8 6.0 Regulatory Considerations........................................................................................................ 9 6.1 Biological and Cultural Resources.................................................................................................9 6.2 FEMA Floodplain Compliance and Hydrologic Trespass............................................................... 9 6.3 401/404......................................................................................................................................10 7.0 Mitigation Site Goals and Objectives....................................................................................... 10 8.0 Design Approach and Mitigation Work Plan............................................................................ 11 8.1 Design Approach Overview........................................................................................................11 8.2 Reference Streams......................................................................................................................12 8.3 Design Channel Morphological Parameters...............................................................................13 8.4 Design Discharge Analysis........................................................................................................... 15 8.5 Sediment Transport Analysis......................................................................................................17 8.6 Project Implementation.............................................................................................................. 18 8.7 Vegetation and Planting Plan..................................................................................................... 20 8.8 Project Risk and Uncertainties.................................................................................................... 21 9.0 Performance Standards........................................................................................................... 21 9.1 Streams.......................................................................................................................................21 9.2 Vegetation.................................................................................................................................. 22 9.3 Visual Assessments..................................................................................................................... 22 10.0 Monitoring Plan...................................................................................................................... 22 10.1 Monitoring Components............................................................................................................ 24 11.0 Long -Term Management Plan................................................................................................. 25 12.0 Adaptive Management Plan.................................................................................................... 26 13.0 Determination of Credits......................................................................................................... 27 14.0 References.............................................................................................................................. 28 TABLES W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No. 97087 Page i March 2017 Table 1: Project Attribute Table Part 1— Martin Dairy Mitigation Site........................................................1 Table 2: Project Attribute Table Part 2 — Martin Dairy Mitigation Site........................................................2 Table 3: Project Attribute Table Part 3 — Martin Dairy Mitigation Site........................................................5 Table 4: Summary of Stream Functions — Martin Dairy Mitigation Site ....................................................... 7 Table 5: Project Attribute Table Part 4 — Martin Dairy Mitigation Site........................................................9 Table 6: Estimated Impacts to Project Wetlands — Martin Dairy Mitigation Site.......................................10 Table 7: Mitigation Goals and Objectives — Martin Dairy Mitigation Site..................................................10 Table 8: Stream Reference Data Used in Development of Design Parameters — Martin Dairy Mitigation Site.............................................................................................................................................................. Table 9: Summary of Morphological Parameters for Martin Dairy — Martin Dairy Mitigation Site ........... Table 10: Summary of Morphological Parameters for UT1— Martin Dairy Mitigation Site ....................... Table 11: Summary of Design Discharge Analysis — Martin Dairy Mitigation Site ...................................... Table 12: Results of Competence Analysis — Martin Dairy Mitigation Site ................................................. Table 13: Functional Impairments and Restoration Approach — Martin Dairy Mitigation Site .................. Table 14: Monitoring Plan — Martin Dairy Mitigation Site.......................................................................... Table 15: Monitoring Components — Martin Dairy Mitigation Site............................................................ Table 16: Long-term Management Plan — Martin Dairy Mitigation Site .................................................... Table 17a: Project Stream Asset Table — Martin Dairy Mitigation Site ...................................................... Table 17b: Project Buffer Asset Table — Martin Dairy Mitigation Site ........................................................ FIGURES Figure 1 Vicinity Map Figure 2 Site Map Figure 3 Watershed Map Figure 4 LIDAR Map Figure 5 Soils Map Figure 6 Existing Conditions Map Figure 7 FEMA Flood Map Figure 8 Concept Design Map Figure 9 Reference Reach Vicinity Map Figure 10 Discharge Analysis Figure 11 Riparian Buffer Concept Map Figure 12 Monitoring Components Map APPENDICES Appendix 1 Site Protection Instrument Appendix 2 Approved JD and supporting USACE Assessment Forms Appendix 3 DWR Stream Identification Forms Appendix 4 Data, Analysis, Supplementary Information, Figures and Maps Appendix 5 Approved FHWA Categorical Exclusion Form Appendix 6 Plan Sheets Appendix 7 Maintenance Plan Appendix 8 Credit Release Schedule Appendix 9 Financial Assurance 12 14 15 17 18 19 23 25 26 27 28 W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No. 97087 Page ii March 2017 1.0 Introduction The Martin Dairy Mitigation Site (Site) is located in Orange County approximately eight miles northeast of Hillsborough, NC and eight miles south of Caldwell, NC (Figure 1). The project is located within the NC Division of Mitigation Services (DIMS) targeted watershed for the Neuse River Basin Hydrologic Unit (HU) 03020201030030 and NC Division of Water Resources (DWR) Subbasin 03-04-01. The Site was selected by DMS to provide stream mitigation units (SMUs) and buffer credits in the Neuse River Basin 03020201 (Neuse 01). The project involves the restoration of 1,814 existing linear feet of incised and straightened streams from two unnamed tributaries to Buckwater Creek. These streams have been given names by Wildlands to facilitate labeling and communication in this mitigation plan and for the life of the project (Figure 2). The mainstem is hereafter referred to as Martin Dairy and its tributary as UT1. Restoration of these reaches will provide 2,135 SMUs. The project will also restore 10.14 acres of riparian buffer on - site, which will provide 394,742 buffer credits. The Site will be protected by an 11.155-acre conservation easement. The Site Protection Instrument detailing the easement is located in Appendix 1. Table 1: Project Attribute Table Part 1— Martin Dairy Mitigation Site Project Information Project Name Martin Dairy Mitigation Site County Orange Project Area (acres) 11.155 Project Coordinates (latitude and longitude) 36° 7' 25.76"N 79° 0' 14.26"W Planted Acreage (acres of woody stems planted) 10.14 2.0 Watershed Approach and Site Selection The 2009 Neuse River Basinwide Water Quality Plan lists major stressors in Subbasin 03-04-01 to be total suspended solids (TSS), nutrients, and chlorophyll a. The 2010 Neuse River Basin Restoration Priorities (RBRP) highlights the importance of riparian buffers for stream restoration projects. Riparian buffers retain and remove nutrients and suspended sediments. Of the 123 miles of streams in the Neuse 01 CU, 23% do not have adequate riparian buffers. The RBRP states that "priority [restoration] projects should increase or improve buffers." Another goal of the RBRP for the Neuse 01 HU is to support the Falls Lake watershed plan. Falls Lake is the receiving water supply water body downstream of the Site and is classified as water supply waters (WS-IV) and nutrient sensitive waters (NSW). The RBRP also states that a goal for the Neuse 01 CU is to, "...promote nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers." The Martin Dairy Mitigation Site was selected because of its location within the targeted watershed and its potential to address the goals of the RBRP through stream restoration and buffer restoration. Restoration of streams on the Site will directly and indirectly address stressors identified in the RBRP by creating stable stream banks, restoring meandering pattern, and restoring a forested buffer. The project will slow surface runoff, increase retention times, provide shade to streams, and reconnect the streams to their historic floodplains and riparian wetlands, which should reduce sediment and nutrient loads which contribute to the production of chlorophyll a in downstream waters. In addition, restoration will provide and improve instream and terrestrial (riparian) habitats while improving stream stability and overall hydrology. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 1 March 2017 3.0 Baseline and Existing Conditions The Site watershed (Table 2 and Figure 3) is located in a northwestern HU of the Neuse 01 CU. It is situated in the rural countryside in Orange County near Hillsborough, NC, upstream of the intense growth and development pressure associated with the Raleigh -Durham metropolitan area. The following sections describe the existing conditions of the watershed and watershed processes, including disturbance and response. Table 2: Project Attribute Table Part 2 — Martin Dairy Mitigation Site Project Watershed Summary Information Physiographic Province Piedmont Ecoregion Slate Belt River Basin Neuse River USGS HUC (8 digit, 14 digit) 03020201, 03020201030030 NCDWR Sub -basin 03-04-01 Project Drainage Area (acres) 526 Project Drainage Area Percentage of Impervious Area 0.40% CGIA Land Use Classification 59.0% forested, 40.6% cultivated, 0.4% impervious 3.1 Landscape Characteristics 3.1.1 Physiography and Topography The Site is located in the Piedmont Physiographic Province of North Carolina. The Piedmont Province is characterized by gently rolling, well rounded hills with long low ridges and elevations ranging from 300- 1500 feet above sea level. The Site topography and relief are typical for the region, as illustrated in Figure 4. Martin Dairy has a gentle (0.65%) alluvial valley that transitions from moderately confined at 60 feet wide at the upstream end of the Site to unconfined at over 200 feet wide at the downstream end of the Site. UT1 transitions from a steep (1.81%) confined valley (<50 feet wide) at the upstream project limit to a moderately confined valley (>100 feet wide) as it approaches its confluence with Martin Dairy. Due to the valley shape in conjunction with dredge spoil present along the right bank of Martin Dairy (from when the channel was straightened and deepened), a swath of wetlands developed at the toe of the right valley slope. The wetland position and extents within the landscape has been consistent according to available historic aerial topography dating back to 1938. These wetlands are in danger of draining should Martin Dairy continue to incise. 3.1.2 Geology and Soils The Site is located in a portion of the Piedmont known as the Carolina Slate Belt (NCGS, 1985). The rocks in this region are primarily volcanic and sedimentary rocks that underwent low-grade metamorphism giving them a slaty cleavage. Coarse -grained intrusive granites comprise the rest of the Slate Belt rocks (Rogers, 2006). The geology of this area has important effects on Site hydrology, hydraulics, geomorphology, and sediment transport. Streams in the Carolina Slate Belt tend to go dry during late summer and early fall as a result of geologic, topographic, and climatic factors. A study by Guise and Mason (1993) states that the, "Carolina slate belt has among the lowest potential for sustaining baseflow in streams" throughout the year as compared to other regions of North Carolina. Median low flows in the Carolina Slate Belt, defined by the study as the 7Q10 (the annual minimum 7-day consecutive low flow), can be as low as 0.005 ft3/s/mi2 of drainage area (Guise and Mason, 1993). If streambank vegetation is not well established it can die back in late summer when flows are low, leaving banks exposed to erosive storm flows. This process appears to happen during the summer months and W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 2 March 2017 periods of drought along Martin Dairy and UT1. Existing streambank vegetation is dominated by pasture grasses that die back for a portion of the year. The exposed banks lack the roughness necessary to reduce channel velocities. High channel velocities and shear stresses increase bed scour during these times. This has resulted in the process of channel incision followed by widening. There is evidence of bank sloughing along the length of Martin Dairy, forming temporary benches that eventually mobilize through the system. These erosional processes deliver sediment and its adsorbed nutrients downstream. It is likely that these processes are occurring on the livestock operation east of Schley Road, which drains into UT1, and on other unbuffered streams within the watershed. There is currently no evidence that aggradation is occurring in the system. The Martin Dairy floodplain is dominated by Chewacla loams (Figure 5). While this soil frequently floods and is poorly drained, aiding in the maintenance of wetlands, the loamy soil is greater than 80 inches deep. This depth to bedrock provides no natural grade control within the streambeds. Without intervention, channel incision would likely continue to degrade the Site streams until the channels reach the underlying bedrock. It is Wildlands' experience that small streams in the Slate Belt are low bedload sediment supply systems. These streams commonly have small gravel and sand bed material that is derived from highly weathered parent material. Largely forested watersheds with low rolling topography will often result in low sediment supply. Without naturally high bedload supply to drive morphologic change, these streams are relatively slow to adjust without manipulation or watershed disturbance. 3.2 Land Use/Land Cover Land use and land cover were investigated throughout the watershed using historical aerials of the Site and adjacent parcels from 1938-2016 and a watershed reconnaissance survey. The watershed is 60% forested. The most common historical and current land uses in the watershed are silviculture and agriculture. While 40% of the watershed has been previously cleared, recent logging events in the watershed have been infrequent and limited in disturbed acreage. The largest recent event noted on historical aerials was of 3.6 acres cleared between 2009 and 2010. This constitutes less than one percent of the watershed. The Site itself has been used for livestock grazing or maintained as managed herbaceous cover since at least before 1938. The limits of riparian buffers and agricultural land on Site have remained consistent over that time. In recent history, the Site was an active dairy farm. The livestock were removed and the Site transitioned to hay production over three years ago. There are no signs of impending land use changes or development pressure that would impact the project in the Martin Dairy watershed. This consistency in land use within the project watershed over the past 78 years indicates that watershed processes affecting hydrology, sediment supply, and nutrient and pollutant delivery have not varied widely over time. With a lack of developmental pressure, watershed processes and stressors from outside the project limits are likely to remain consistent throughout the implementation, monitoring, and closeout of this project. These stressors and processes are discussed further in Section 4, below. Aerial photographs from 1938-present depict the Site in a managed open field condition with the stream maintaining its location. The lack of sinuosity on Martin Dairy, and the presence of dredge spoil material along the top of banks suggests that the channels were straightened for agricultural purposes prior to 1938. Ditches, located along the right floodplain of Martin Dairy, partially drain the riparian wetlands. Both Martin Dairy and UT1 enter the project via culverts. The channel has incised over a foot downstream of the culverts, creating a barrier for aquatic organism passage to upstream reaches within the watershed. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 3 March 2017 3.3 Existing Vegetation Streamside vegetation consists primarily of herbaceous plants and grasses such as fescue (Fescue spp.) smartweed (Polygonum spp.), Johnson grass (Sorghum halepense), and purple lovegrass (Eragrostis eragrostis) with some broom sedge (Carexscoparia), golden rod (Solidago spp.), ironweed (Vernonia altissima), and cardinal flower (Lobelia cardinalis). There are also some young sweet gums (Liquidambar styraciflua), red maple (Acer rubrum), green ash (Fraxinus pennsylvanica), and small black willows (Salix nigra) present near the top of the stream bank. Portions of UT1 are choked with cattail (Typha latifolia). Invasive species include multiflora rose (Rosa multiflora) and Chinese privet (Lagustrum sinense) with Johnson grass and cattail considered nuisance species. The watershed has likely been logged multiple times since pre -disturbance although recent logging (post 1938) has been limited. Most tree species located in surrounding riparian areas are mid -successional or planted pine. The species in these areas are not necessarily indicative of what would have been on -site pre -disturbance. 3.4 Project Resources On May 19, 2016, Wildlands investigated on -site jurisdictional waters of the U.S. within the proposed project easement area. Jurisdictional areas were delineated using the US Army Corps of Engineers (USACE) Routine On -Site Determination Method. This method is defined by the 1987 Corps of Engineers Wetlands Delineation Manual and the subsequent Eastern Mountain and Piedmont Regional Supplement. All jurisdictional waters of the U.S. were located by sub -meter GPS. Wetland determination forms representative of on -site jurisdictional areas as well as non -jurisdictional upland areas are included in Appendix 2. The wetland delineation was confirmed on Site by USACE staff on July 28, 2016 and the jurisdictional determination was approved on December 9, 2016. There are four jurisdictional wetland features located on -site (A-D). These wetland features are classified as seeps using the evaluator's best professional judgement. The wetlands occur in the side slopes and the floodplains that drain to Martin Dairy. These features exhibit a high water table, pockets of shallow inundation, saturation within the upper 12 inches of the soil profile, and a low chroma matrix. Common hydrophytic vegetation includes wild mint (Mentha arvensis), longhair sedge (Carex comosa), and common rush (Juncus effuses). Much of these areas are impacted from farming practices including hay production. The Site contains two perennial streams: Martin Dairy and UT1. It also contains a short potion of an ephemeral channel (E1) at the downstream end of the Site. This feature was confirmed as ephemeral by staff from the DWR on April 5, 2016. NC DWR Stream Identification Forms (Version 4.11) are in Appendix 3 along with a confirmation letter from DWR regarding the ephemeral reach. US Army Corps of Engineers (USACE) forms are in Appendix 2. Stream features are described in more detail in Section 5. Table 3 provides a summary of water resources within the project limits. Existing conditions are also illustrated in Figure 6. E1 exhibits little erosion and appears to be relatively stable. The downstream end of the reach holds water for part of the year and it has been delineated as a wetland (Wetland A). Martin Dairy's stream type classification is most nearly described as varying between an incised and straightened E4 and C4 stream type, as the top width widens and narrows along the length of the stream. UT1 is best classified as an incised and straightened E4. The dominant bed material in both reaches is a small gravel. Cross - sections 1-4 are located along Martin Dairy and cross -sections 5 and 6 are on UT1 (Figure 6). Cross- section and reach -wide pebble count results are located in Appendix 5. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 4 March 2017 Table 3: Project Attribute Table Part 3 — Martin Dairy Mitigation Site Reach Summary Information Parameter Martin Dairy UT1 Ell Length of Reach (If) 1,676 138 128 Valley Confinement (confined, Moderately Confined Confined to Moderately Confined moderately confined, unconfined) to Unconfined Moderately Confined Drainage Area (acres) 526 141 15 Perennial, Intermittent, Ephemeral P P E NCDWR Water Quality Classification WS-IV Stream Classification (Existing and Incised/ Straightened Incised/ Straightened Proposed)' C4/E4(proposed E4(proposed C4/E4) N/A C4/E4) Evolutionary Trend (Simon) IV: Degradation and Widening N/A FEMA Classification N/A Wetland Summary Information Parameter A B C D Size of Wetland (acres)' 0.013 1.430 1.283 0.122 Wetland Type (non riparian, riparian Riparian Riverine riverine or riparian non-riverine) Mapped Soil Series Herndon Herndon/ Chewacla / TatumTatum la Chewac Chewacla Drainage Class Well Drained Well to Poorly Well to Poorly Poorly Drained Drained Drained Soil Hydric Status No No / Yes No / Yes Yes Source of Hydrology Hillside Groundwater Seep Restoration or enhancement method N/A (hydrologic, vegetative, etc) 1. The Rosgen classification system (Rosgen, 1994) is for natural streams. These channels have been heavily manipulated by livestock and man and therefore may not fit the classification category as described by this system. Results of the classification are provided as a basis for discussion of existing channel form. 2. The Ephemeral reach E1 will not be restored for mitigation credit; however, it will be re -aligned as needed to tie in to the new alignment for UT1. 3. Wetland areas are not proposed for restoration or enhancement credit. 4.0 Watershed and Channel Disturbance and Response As discussed above in Section 3.2, there has been very little change in the watersheds of Martin Dairy and UT1 for several decades. Some clearing of forest has occurred but these minor disturbances are the not the main driver of the degradation of the Site. The primary cause of degradation on the Site was the original clearing of the Site and channelization of Martin Dairy and UT1, which occurred prior to 1938 (the date of the earliest available aerial photo). The channelization involved straightening and deepening of the stream (as indicated by the amount of dredge spoil in the floodplain). This manipulation led to increased shear stresses which caused incision, especially in Martin Dairy where the upstream culvert is now one foot above the channel bed. UT 1 is less incised because its down -cutting was arrested by the base level of the receiving stream. Over time, the incision reduced the overall channel slope in Martin Dairy which resulted in decreases in stream power. As incision slowed the channels began to widen through mass wasting and livestock trampling. Though livestock are no longer W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 5 March 2017 grazed on the Site, signs of on -going bank sloughing are apparent in both channels. Although less incision occurred in UT1 after channelization, both streams are overly deep, widening, sloughing, and devoid of riparian vegetation (other than pasture grass) due to agricultural uses of the Site. 5.0 Functional Uplift Potential The potential for functional uplift is described in this section according to the Stream Functions Pyramid (Harman, 2012). The Stream Functions Pyramid describes a hierarchy of five stream functions, each of which supports the functions above it on the pyramid (and sometimes reinforces those below it). The five functions in order from bottom to top are hydrology, hydraulics, geomorphology, physicochemical, and biology. 5.1 Hydrology The major watershed disturbance, prior to 1938, has been deforestation and conversion of 40% of the watershed to agricultural land uses. These alterations in land cover typically result in reductions in rainfall interception and evapotranspiration which lead to increases in runoff and water yield (Dunne and Leopold, 1978). A primary result of these changes is an increase in both peak flows and base flows, though the magnitude of this effect is likely small in watersheds of this size. Initial increases in water yield usually change over time as vegetation regrows and crops are planted. There are no stream gauges within this watershed and, thus, no way to know the degree to which clearing of 40% of the land affected this particular watershed other than to say that water yields have almost certainly increased. However, these changes primarily occurred several decades ago (prior to available aerial photography) and additional clearing in the watershed has been limited. The watershed has adjusted to its hydrologic regime and is stable now. Population growth in this rural area is essentially non-existent. Therefore, future alteration to the land cover and associated effects on hydrology are not expected in the foreseeable future. No measurements of existing conditions in hydrology have been made to date for this project. However, due to the stability of the watershed the Site hydrology is assumed to be functioning (Table 4). A stream restoration project performed at a specific Site does not often result in uplift to hydrology (Harman, 2012). Even though trees will be planted within the conservation easement, this will not result in improvements to the rainfall -runoff relationship at the watershed scale. Therefore, there is no opportunity to improve the hydrology function. However, it is currently rated as functioning (Table 4). 5.2 Hydraulics The streams on the Site are channelized and incised and not connected to their floodplains. This has resulted in reduced hydraulic functioning of the channels. The bank height ratios on Martin Dairy range from 1.4 (functioning -at -risk) to 1.9 (not functioning). On UT1, the bank height ratio is 2.1 (not functioning). However, the entrenchment ratios on Martin Dairy range from 14.2 to 14.3 (functioning) and on UT1 the entrenchment ratio is 2.2 (functioning). Estimated bankfull flow velocities for Martin Dairy range from 3.8 to S feet per second (functioning) and on UT1 the estimated bankfull velocity is 4.7 (functioning). Because the streams are severely incised but flow dynamics are functional, the overall rating for hydraulics on the Site is functioning -at -risk (Table 4). The channel will be reconstructed and will be connected to its floodplain so that stream flows above bankfull stage will flood the floodplain. The bank height ratios for both streams on the Site will be 1.0 (functioning). Bankfull flow velocities and shear stress will be maintained at functioning levels and groundwater exchange and adjacent wetland hydrology will be improved as a result of the increased frequency of floodplain inundation. Hydraulics will transition from functioning -at -risk to functioning (Table 4). W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 6 March 2017 Table 4: Summary of Stream Functions — Martin Dairy Mitigation Site Resource Martin Dairy - R1 Martin Dairy - R2 UT1 Functional Category Existing Proposed Existing Proposed Existing Proposed Hydrology F F F F F F Hydraulics FAR F FAR F FAR F Geomorphology NF F NF F NF F Physiochemical NR NR NR NR NR NR Biology NR NR NR NR NR NR Overall FAR F FAR F FAR F 5.3 Channel Geomorphology The past channelization, incision, and on -going sloughing and widening described in Section 4 places the streams on the Site at Stage IV of the Simon Channel Evolution Model which is classified as not functioning. Currently, Martin Dairy exhibits scour along 31% of the reach. Martin Dairy is moderately incised over 75% of its length. Over half of the length of UT1 is incised (54% of the stream length), with bank height ratios averaging 2.1. Nearly half of the streambanks exhibit signs of active scouring (48%). The channel bottom of this straightened tributary is choked with cattail and common rush. The bedform is inconsistent on Martin Dairy and pool to pool spacing ratios (1.6 - 10.6) vary widely over the project length (not functioning). UT1 has more consistent bedform, however the pool to pool spacing ratio (average 6.5) indicates the bedform is functioning -at -risk. There is little to no large woody debris (LWD) in either of the streams on -site (not functioning). Bank migration and lateral stability were not measured for this project due to its straightened status. Overall, the existing geomorphology function on the Site is very poor and is classified as not functioning (Table 4). There is an opportunity to improve the geomorphology function on the site. The incision and bank erosion will be corrected. Bedform will be diversified and spaced with appropriate design ratios. LWD will be added to the system through construction of instream structures and bank revetments and a riparian buffer will be planted. The geomorphology function will be restored to functioning (Table 4). 5.4 Physicohemical No water quality sampling has been conducted on the Martin Dairy Site and there are no water quality monitoring stations within the watershed. The 2009 Neuse River Basinwide Water Quality Plan lists major stressors in Subbasin 03-04-01 to be TSS, nutrients, and chlorophyll a. Since the watershed land use is similar to the greater Subbasin, the Site likely has similar physicochemical concerns as those stated in the Basinwide Water Quality Plan. Potential sediment sources in the watershed include streambank erosion, bed scour, and runoff from agricultural fields. Potential sources of nutrients within the watershed are the livestock operation located east of the project along Schley Road, a livestock operation in the northeast quadrant of the watershed, the horse farm located west of the project, and runoff containing fertilizers applied to fields in the northern portion of the watershed. The suspected high nutrient load and lack of shade within the riparian corridor may contribute to elevated levels of chlorophyll a. There are, however, no observed algal blooms present within the project streams to indicate severe degradation in water quality or noticeably high levels of chlorophyll a. Although it is not mentioned in the Water Quality Plan, fecal coliform is another likely source of pollution within the watershed due to livestock operations. Water in UT1 is stagnant because of vegetation on the channel bed that causes ponded water. Because no water quality data are available to evaluate the current level of physicochemical functioning, this function is not rated (Table 4). W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 7 March 2017 There is potential to improve the physicochemical functioning of the project streams. Water will flow over instream structures that will provide aeration, trees will be planted in the riparian zone to eventually shade and cool stream flow and help filter runoff, the stream will be reconnected to its floodplain and adjacent riparian wetlands to provide storage and treatment of overbank flows, and streambank erosion will be greatly reduced to nearly eliminate a source of sediment and nutrients. However, the potential improvements to physicochemical functioning will not happen immediately and some aspects will not occur until a mature canopy is established. Therefore, physicochemical improvements will not be included in the project success criteria for the seven-year monitoring period and the functional uplift potential is not rated (Table 4). 5.5 Biology There are no available biological data for the Site, however, the habitat conditions on the Site are poor. While the riffle material is well -mixed small gravel and the pools contain fine to coarse sand, the stream contains very little woody debris or organic material necessary to support diverse macroinvertebrate and fish communities. There are no downed trees or larger woody debris masses that would create habitat features. UT1 has some riffle -pool sequences, but the majority of stream length is choked with macrophytes, which results in stagnation and sedimentation, likely lowering dissolved oxygen levels and covering the bed habitat. Additionally, the perched culverts at the upstream limits of both Martin Dairy and UT1 act as a barrier to aquatic organism passage. While the riparian wetlands provide habitat diversity in the floodplain, they are regularly mowed, removing shade and refuge areas. The riparian zone of the project provides little habitat for terrestrial species other than pasture grass. However, because no data on the existing communities are available to evaluate the current level of biologic functioning, this function is not rated (Table 4). There is opportunity to improve the instream and riparian habitat in addition to the physicochemical function described in Section 5.4. Habitat will be improved by adding instream structures with a variety of rock and woody materials, adding woody bank revetments, reducing the abundance of nuisance macrophytes, providing a riparian buffer to shade the stream and improve terrestrial habitat, creating pools of variable depths, and cutting of sources of fine sediments. The culvert outlets will be addressed to improve aquatic organism passage. The biological response of the system will be tied to the physiochemical response post -restoration. As the physiochemical response may be delayed, the ultimate level of improvement in biology may not occur until after the completion of the seven-year monitoring period and, therefore, the functional uplift potential will be not rated (Table 4). 5.6 Overall Functional Uplift Potential Overall, the Martin Dairy Mitigation Site can be considered as Functioning -at -Risk but the functional uplift potential is a reclassification as Functioning (Table 4). This change in overall classification is related to improvements in hydraulics and geomorphology between the existing and proposed conditions. The hydrology function will not be improved by the project because watershed -scale reforestation would be required to drive improvement in this function. Physicochemical and biological improvements are a likely result of the project. However, there is no existing basis for classifying the existing condition of these functions and the likely improvements will occur gradually after construction. Therefore, these functions are not rated and not considered in the overall functional rating. Project goals are tied only to hydraulics and geomorphology. 5.7 Site Constraints to Functional Uplift An overhead electric utility line crosses the Site near the upstream extents of the project. The 30-foot easement associated with the line will be an internal break in the conservation easement. This break is the only one within the project limits. The stream will be restored and stabilized through this break, however no trees will be included in the vegetation plan for this swath to allow maintenance access. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 8 March 2017 The culverts at the upstream ends of the project are outside of the project limits. Due to this, repairs to hydraulic function and aquatic organism passage can only be addressed from the culvert outlets. There are no other man-made constraints within the project area that affect or reduce uplift potential. The valley width on the Site will allow for the development of pattern and channel dimensions to restore stable, functioning streams and there are no other known constraints to the functional uplift described above in this section. The degree to which the physicochemical and biology functions can improve on the Site is limited by the watershed conditions beyond the project limits, upstream water quality, and the presence of source communities upstream and downstream of the Site. 6.0 Regulatory Considerations Table 5, below, is a summary of regulatory considerations for the Site. These considerations are expanded upon in Sections 6.1-6.3. Table 5: Project Attribute Table Part 4 — Martin Dairy Mitigation Site Regulatory Considerations Parameters Applicable? Resolved? Supporting Docs? Water of the United States - Section 404 Yes Yes PCN1 Water of the United States - Section 401 Yes Yes PCN Endangered Species Act Yes Yes Appendix 5 Historic Preservation Act Yes Yes Appendix 5 Coastal Zone Management Act No No N/A FEMA Floodplain Compliance No N/A N/A Essential Fisheries Habitat No N/A N/A 1. PCN to be provided to DMS with Final Mitigation Plan 6.1 Biological and Cultural Resources A Categorical Exclusion for the Martin Dairy Mitigation Site was submitted to DMS on May 27, 2016, and approved on June 3, 2016. This document included investigation into the presence of threatened and endangered species on Site protected under The Endangered Species Act of 1973, as well as any historical resources protected under The National Historic Preservation Act of 1966. The biological conclusion for the Site, according to the Categorical Exclusion research and response by US Fish and Wildlife Service, is that the, "proposed action [in this project] is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act." All correspondence with USFWS and a list of Threatened and Endangered Species in Orange County, NC is included in Appendix 5. The conclusion for cultural resources according to the Categorical Exclusion research and response by the State Historic Preservation Office is that there are no historic resources that would be affected by this project. For additional information and regulatory communications please refer to the Categorical Exclusion document in Appendix 5. 6.2 FEMA Floodplain Compliance and Hydrologic Trespass Martin Dairy and UT1 are not FEMA mapped streams within the Site, as illustrated on the Orange County Flood Insurance Rate Map Panel 9896 and in Figure 7. Therefore, no modeling will be required for this project. Martin Dairy is mapped downstream of the Site at its confluence with Buckwater Creek. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 9 March 2017 6.3 401/404 The natural low point in the valley for Martin Dairy is currently a wetland area. The proposed stream channel is re-routed through this area. Any wetlands within the conservation easement and outside of the limits of disturbance will be flagged with safety fence during construction to prevent unintended impacts. This will be denoted in the final construction plans on the Erosion and Sediment Control plan and Detail plan sheets, as well as in the project specifications. The majority of floodplain grading will be considered a temporary impact to wetlands. Wildlands expects a net gain of wetland area, as construction of the new channel will fill the majority of the old channel to the elevation of the existing wetlands and remove the overburden along the right bank of the existing Martin Dairy stream, creating a wider overall floodplain and riparian wetland area. Table 6 estimates the anticipated impacts to wetland areas on this project. The Pre -Construction Notification, including this data, will be provided to DMS in the Final Mitigation Plan. Table 6: Estimated Impacts to Project Wetlands — Martin Dairy Mitigation Site Permanent (P) Impact Temporary (T) Impact Jurisdictional Feature Classification Acreage Type of Impact Area Type of Impact Area Activity (acres) Activity (acres) Wetland A 0.013 Stream 0.003 0.007 Channel Wetland B 1.429 0.155 0.140 Riparian Re- Floodplain Wetland C Riverine 1.283 alignment 0.226 Grading 0.355 Gravel Wetland D 0.122 drive 0.014 0.000 Total P Total T Impact 0.399 Impact 0.502 7.0 Mitigation Site Goals and Objectives The project will improve stream functions as described in Section 5 through stream restoration and riparian buffer re -vegetation. Project goals are desired project outcomes and are verifiable through measurement and/or visual assessment. Objectives are activities that will result in the accomplishment of goals. The project will be monitored after construction to evaluate performance as described in Section 11 of this report. The project goals and related objectives are described in Table 7. Table 7: Mitigation Goals and Objectives — Martin Dairy Mitigation Site Goal Objective Expected Outcomes Function(s) Supported Reconstruct stream channels Raise water table and Reconnect channels with designed bankfull hydrate riparian wetlands. with floodplains and dimensions and depth based Allow more frequent flood riparian wetlands to on reference reach data. flows to disperse on the Hydraulic allow a natural Remove existing dredge spoil floodplain. Support flooding regime. to reconnect channel with geomorphology and higher adjacent wetlands. level functions. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 10 March 2017 Goal Objective Expected Outcomes Function(s) Supported Construct stream channels Reduce sediment inputs Improve the stability that will maintain stable cross- from bank erosion. Reduce of stream channels. sections, patterns, and shear stress on channel Geomorphology profiles over time. boundary. Support all stream functions above hydrology. Reduce sediment inputs from bank erosion and Restore and enhance Plant native tree and runoff. Increase nutrient Hydrology (local), native floodplain and understory species in riparian cycling and storage in Hydraulic, streambank zones and plant native shrub floodplain. Provide riparian Geomorphology, and herbaceous species on habitat. Add a source of LWD Physicochemical, vegetation. streambanks. and organic material to Biology stream. Support all stream functions. Install habitat features such as Increase and diversify constructed riffles, lunker available habitats for logs, and brush toes into macroinvertebrates, fish, and Improve instream restored/enhanced streams. amphibians leading to Geomorphology habitat. Add woody materials to colonization and increase in (supporting Biology) channel beds. Construct pools biodiversity over time. Add of varying depth. complexity including LWD to the streams. Protect Site from Hydrology (local), Permanently protect encroachment on the Hydraulic, the Site from Establish conservation riparian corridor and direct Geomorphic, harmful uses. easements on the Site. impact to streams and physicochemical, wetlands. Support all stream Biologic functions. 8.0 Design Approach and Mitigation Work Plan 8.1 Design Approach Overview The design approach for this Site was developed to meet the goals and objectives described in Section 7 which were formulated based on the potential for uplift described in Section 5. The design is also intended to provide the expected outcomes in Section 7, though these are not tied to performance criteria. The project streams will be reconnected with an active floodplain and the channels will be reconstructed with stable dimension, pattern, and profile that will transport the water and sediment delivered to the system. The adjacent floodplain and riparian wetlands will be planted with native tree species. Instream structures will be constructed in the channels to help maintain stable channel morphology and improve aquatic habitat. The entire project area will be protected in perpetuity by a conservation easement. The design approach for this Site utilized a combination of analog and analytical approaches for stream restoration. Reference reaches were identified to serve as the basis for design parameters. Channels W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 11 March 2017 were sized based on design discharge hydrologic analysis. Designs were then verified and/or modified based on a sediment transport analysis. This approach has been used on many successful Piedmont and Slate Belt restoration projects (Underwood, Foust, Holman Mill, Maney Farm, and Agony Acres Mitigation Sites) and is appropriate for the simple goals and objectives for this Site. 8.2 Reference Streams Reference streams provide geomorphic parameters of a stable system, which can be used to inform design of stable channels of similar stream types in similar landscapes and watersheds. Five reference reaches were identified for this Site and used to support the design of Martin Dairy and UT1 (Figure 9). These reference reaches were chosen because of their similarities to the Site streams including drainage area, valley slope, morphology, and bed material. The reference reaches are all located within the Carolina Slate Belt region of the Piedmont. Geomorphic parameters for these reference reaches are summarized located in Appendix 4. The references to be used for the specific streams are shown in Table 8. A description of each reference reach is included below. Table 8: Stream Reference Data Used in Development of Design Parameters — Martin Dairy Mitigation Site Long Spencer Foust UT to Polecat UT to Varnals Agony Acres On - Site Reference Branch Creek 2 Creek Creek Creek Reach (UT1-R3) Stream Type: C4/E4 E4 C4 E4 C4/E4 E4 Martin Dairy X X X UT1 i i i 1 X X X 8.2.1 Long Branch Long Branch is located in Orange County, northwest of Chapel Hill. Long Branch was previously identified as a reference and discussed in the Collins Creek Restoration Plan (KCI Technologies, 2007). The Long Branch watershed is low -density residential, agricultural, and forested land. The valley slope is 0.6% and channel slope is 0.4%. The stream maintains an entrenchment ratio above 2.5. Wildlands visited the reference site to verify the data presented in the KCI report. Two riffles were surveyed during the site visit. These riffles had a width to depth ratio of 9.4 and 8.0 with entrenchment ratios of 11.7 and 12.1, respectively. The cross -sections surveyed are more typical of E stream types, however KCI identified the stream as a C4 in their previous analysis. The stream likely varies between a C4 and E4. 8.2.2 Spencer Creek Reach 2 Spencer Creek Reach 2 is located in western Montgomery County near Ophir, NC, less than two miles from the Spencer Creek reference site (Buck Engineering, 2004). This site was classified as an E4 stream type and has a drainage area of 0.96 square miles. This reach flows through a mature forest and has a valley slope of 1.1% and a channel slope of 0.47%. The morphological parameters reported for the riffle cross-section include a width to depth ratio from 5.8 to 7.1 and an entrenchment ratio of 5.5 and 10.2. 8.2.3 Foust Creek The Foust Creek reference reach is located approximately 600 feet upstream of the northernmost conservation easement boundary on the Foust Creek Mitigation Site in Alamance County, NC. It was identified by Wildlands in the Foust Creek Mitigation Site 2014 Mitigation Plan (Wildlands Engineering, 2014). Foust Creek has a gravel bed and a valley slope of 0.75%. The Foust Creek reference reach is classified as a Rosgen C4 stream type. This reach flows through a mature forest and although it is stable it lacks sinuosity. It was used in this project to inform the cross-section and profile parameters. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 12 March 2017 8.2.4 UT to Polecat Creek The UT to Polecat Creek reference reach is located in northern Randolph County. The site was identified by Wolf Creek Engineering and used as a reference reach for the Holly Grove Restoration Site (Wolf Creek Engineering, 2007). Wildlands conducted a site visit and reference reach survey in March, 2013, to confirm the geomorphic parameters listed in the Holly Grove Restoration Site Plan. The UT to Polecat Creek reference reach is classified as a Rosgen E4 stream type. 8.2.5 UT to Varnals Creek The UT to Varnals Creek reference reach is located in south central Alamance County, NC near the Cane Creek Mountains. The site was identified by Ecologic Associates and used as a reference reach for the Reedy Branch Stream Restoration Site (EcoLogic Associates, 2002). Wildlands visited UT to Varnals Creek in September 2014 and visually confirmed that the land use is unchanged from reported conditions and that the stream is laterally and vertically stable. Wildlands conducted a detailed morphological survey in October 2014. UT to Varnals Creek has a drainage area of 0.41 square miles and is classified as a Rosgen B4/E4b stream type for the majority of the reach. UT to Varnals Creek has a similar channel and valley slope to UT1. 8.2.6 Agony Acres On -Site Reference Reach (UT1-Reach 3) The Agony Acres On -Site Reference Reach (UT1— Reach 3) is located in northeast Guildford County, NC. It was identified by Wildlands as a high quality preservation component of the nearby Agony Acres Mitigation Site in the March 2014 Mitigation Plan (Wildlands Engineering, 2014) and was used as a reference reach for that project. It was selected as a reference reach due to its similarity in slope and drainage area to UT1. A detailed survey was conducted in March of 2013. UT1— Reach 3 has a drainage area of 0.3 square miles and classified as an E4 stream type. 8.3 Design Channel Morphological Parameters Reference reaches were a primary source of information to develop the pattern and profile design parameters for the streams. Ranges of pattern parameters were developed within the reference reach parameter ranges with some exceptions based on best professional judgement and knowledge from previous projects. The full range of reference reach data is located in Appendix 4. We found the lower limit of some of these parameters to be too low to build a stable system. They are likely low in reference reaches due to the presence of a mature forest and root system that both influences and stabilizes channel pattern and profile. For example, radius of curvature ratio in reference data has a lower limit of 1.1 and the meander width ratio had a minimum of 1.0, however we have found that for C/E channels, these ratios should be above 1.8 and 2.4 respectively to naturally dissipate energy through meander bends during high flow events to limit impacts of shear stress on streambanks. The lower limits of the radius of curvature ratio and meander width ratio are based on values used for many years and on many successful designs. Reference reaches were also used to inform the design of the cross -sections on the streams. The streams were designed with pool widths to be approximately 1.3 times the width of riffles to provide space for point bars and riffle pool transition zones. Designer experience was used for pool design as well. Pool depths were designed to be a minimum of 1.5 times deeper than riffles to provide habitat variation. Cross-section parameters such as area, depth, and width were designed based on the design discharge and stable bank slopes. The width to depth ratio was increased beyond some of the reference parameters for UT1 in order to provide stable bank slopes prior to the development of a fully vegetated streambank. Key morphological parameters for the Site are listed in Tables 9 and 10 for Martin Dairy and UT1 respectively. Complete morphological tables for existing, reference, and proposed conditions are located in Appendix 4. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 13 March 2017 Table 9: Summary of Morphological Parameters for Martin Dairy - Martin Dairy Mitigation Site Existing Parameters Reference Parameters Proposed Parameters Parameter Long Spencer Foust Reach 1 Reach 2 Reach 1 Reach 2 Branch Creek 2 Creek Valley Width (ft) 121 110 - - - 121 110 Contributing Drainage Area 344 525 954 614 883 344 525 (acres) Channel/Reach Classification C4/E4 E4 C4/E4 E4 C4 C4/E4 C4/E4 Design Discharge Width (ft) 8.6 14.0 14.8 - 18.6 10.7 - 11.2 18.5 - 19.4 15.0 16.2 Design Discharge Depth (ft) 1.2 1.2 1.3 - 2.1 1.6 -1.8 1.3 - 1.4 1.1 1.2 Design Discharge Area (ft2) 10.0 16.1 25 - 34.6 17.8 -19.7 23.9 - 24.1 16.8 20 Design Discharge Velocity (ft/s) 5.0 3.8 3.6 - 4 4.9 - 5.4 2.9 - 3.7 2.8 3.2 Design Discharge (cfs) 47 1 63 101-124 97 88 47 63 Water Surface Slope 0.009 0.007 0.0040 0.0047 0.0090 0.005 0.0055 Sinuosity 1.05 1.09 1.3 2.3 1.1 1.25 1.28 Width/Depth Ratio 7.3 12.2 7.9 -13.8 5.8 - 7.1 13.9 - 14.2 13.4 13.2 Bank Height Ratio 1.5 1.4 1.2 -1.5 1 1 1 1 Entrenchment Ratio 14.2 14.3+ >3.4 5.5 - >10.2 2.6 - 3.4 2.2 - 5 2.2 - 5 2.4, 8.1, d16 / d35 / d50 / d84 / d95 / 0.13, 1.3, 11, 15, <0.063, 3, Dso = 10.6, Dso = 10.6, dip / disp (mm) 2.6, 4.6, 33, 54, - 8.8, 42, 90, - Dioo =64, Dioo = 88, 7.7, 11, -, - -, - D;=23-643 D; = 35-87 W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 14 March 2017 Table 10: Summary of Morphological Parameters for UT1- Martin Dairy Mitigation Site Parameter Existing Parameters Reference Parameters Proposed Parameters UT1 UT to Polecat UT to Varnals Agony Onsite Reference Reach UT1-R3 UT1 Valley Width (ft) 95 - 65 - 95 Contributing Drainage Area (acres) 141 262 262 189 141 Channel/Reach Classification E4 E4 C4/E4 E4 C4/E4 Design Discharge Width (ft) 5.7 5.3 - 10.9 9.3 - 10.5 9.1- 10.4 9.4 Design Discharge Depth (ft) 1 1.0 - 1.1 1.1- 1.2 1.0 - 1.2 0.7 Design Discharge Area (ft2) 5.7 5.4 - 12.4 10.3 - 12.3 10.7 - 11.3 6.7 Design Discharge Velocity (ft/s) 4.7 2.2 - 3.5 4.4 - 5.2 2.2 - 2.4 3.6 Design Discharge (cfs) 24 20 54 25 24 Water Surface Slope 0.016 0.012 0.017 0.0028 - 0.0039 0.005 Sinuosity 1.05 1.4 1.2 1.35 1.14 Width/Depth Ratio 5.7 5.2 - 9.6 8.1- 9.3 7.3 - 10.1 13.2 Bank Height Ratio 2.1 1.0 - 1.1 1.0 1 1 Entrenchment Ratio 2.2 3.2 - 8.3 5.7 -10.0 >3.9 2.2 - 5 d16 / d35 / d50 / d84 / d95 / dip / disp (mm) 0.048, 3, 5.1, 6.7, 8.9, 13, -, - 0.095, 0.4, 8, 87, 150, -, - D50 = 5, Dloo = 50, D;=16-48 Both Martin Dairy and UT1 are incised, actively widening, and lack a natural pattern, habitat diversity, and a forested riparian buffer. These factors have led to the impairments discussed in Sections 3 and 4. To address these impairments and the stressors on the system, restoration is proposed for Martin Dairy and UT1. Both channels were designed to be Rosgen stream type C4/E4, with width -to -depth ratios on the low end of the typical range for that stream type. Narrow and deeper channels are common in slate belt reference reaches; however, the reference channels have established vegetation that maintain stability on steeper streambanks. The design channels will begin with flatter side slopes that will be more stable without established vegetation. Constructing channels with higher width -to -depth ratios and flatter side slopes will allow for sediment deposition on the banks and bank protection as the streambank vegetation establishes. The complete design morphological parameters for Martin Dairy and UT1 are located in Appendix 4 and summaries of key parameters are shown in Tables 9 and 10. 8.4 Design Discharge Analysis Multiple methods were used to develop bankfull discharge estimates for each of the project restoration reaches: the NC Rural Piedmont Regional Curve (Harman et al., 1999), NC Piedmont/Mountain Regional Curve (Walker, unpublished), a Wildlands Regional USGS Flood Frequency Analysis, a Site Specific Reference Reach Curve, existing bankfull indicators using Manning's Equation, and data from previous successful design projects. The resulting values were compared and best professional judgment was used to determine the specific design discharge for each restoration reach. 8.4.1 Published Regional Curve Data Discharge was estimated using the published NC Rural Piedmont Curve (Harman et al., 1999) as well as the updated curve for rural Piedmont and mountain streams, also known as the Walker Curve (Walker, unpublished). W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 15 March 2017 8.4.2 Wildlands Regional USGS Flood Frequency Analysis Wildlands developed a regional flood frequency analysis tool that tailored the USGS 2009 publication Magnitude and Frequency of Rural Floods in the Southeastern United States, through 2006 to the Piedmont of North Carolina. Of the 103 stations referenced in the publication, 23 were used in the development of the tool. To fill gaps in data, five additional stations were added by Wildlands to represent streams with drainage areas less than one square mile. The Hosking and Walls homogeneity test was performed in R° to identify a selection of hydrologically similar gages based on homogeneity (Hosking and Walls, 1993). The gages used were: • USGS 02096740 — Gun Branch near Alamance, NC (DA = 4.06 miZ) • USGS 02096846 — Cane Creek near Orange Grove, NC (DA = 7.54 mil) • USGS 02097010 — Robeson Creek near Pittsboro, NC (DA = 1.71 mil) • USGS 02101030 — Falls Creek near Bennett, NC (DA = 3.43 miZ) • USGS 0210166029 — Rocky River at SR1300 near Crutchfield Crossroads, NC (DA = 7.42 mil) The data from these 28 gage stations were used to develop flood frequency curves for the 1.2-year and 1.5-year recurrence interval discharges. These relationships can be used to estimate discharge of those recurrence intervals for ungauged streams in the same hydrologic region, and were solved for each project reach's discharge with the drainage area as the input. 8.4.3 Site Specific Reference Reach Curve Six reference reaches were identified for this project (Section 4.2). Each reference reach was surveyed to develop information for analyzing drainage area -discharge relationships as well as development of design parameters. Stable cross -sectional dimensions and channel slopes were used to compute a bankfull discharge with the Manning's equation for each reference reach. The resulting discharge values were plotted with drainage area and compared the other discharge estimation methods. 8.4.4 Existing Bankfull Indicators (Manning's Equation) A riffle cross-section was surveyed on each design reach on the Site, totaling three cross -sections. In addition to this, three cross -sections were surveyed on the reaches directly upstream of the project. Bankfull indicators were identified in the field during this survey. Manning's equation was used to calculate a corresponding discharge using the pebble count information for roughness and the survey data for channel slope. The upstream cross -sections off the project were used to calibrate bankfull depth. It can be difficult to identify clear bankfull indicators on incised and degraded channels, so the highest quality indicators were used to calibrate others. The highest quality indicators were identified on UT1 and on Martin Dairy upstream of the project site. 8.4.5 Design Discharge Analysis Summary A design goal of Martin Dairy is to maintain the existing riparian wetlands on the right floodplain while encouraging the development of riparian wetlands on the left floodplain. Removing the existing dredge spoil material within the floodplain is the first step in this process. The second is establishing a design discharge that will support the riparian wetlands. The results of the design discharge analysis provided a range of discharge values with the NC Rural Piedmont Regional Curve producing the highest and the Walker Curve producing the lowest. The NC Rural Piedmont Regional Curve discharge estimates were higher than the other estimation methods on Martin Dairy. The Walker Curve discharge estimates were lower (up to 29 cubic feet per second (cfs)) than all other estimation methods. For these reasons, the regional curve estimation methods were not considered further in the selection of a design discharge for Martin Dairy. There was concurrence between the Wildlands Regional USGS Flood Frequency Analysis (1.2-year event), the existing bankfull indicators using Manning's Equation, and the Site Specific Reference Reach Curve for Martin Dairy W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 16 March 2017 Reaches 1 and 2. These three values were averaged and then that value was compared to other successful projects in the Slate Belt with similar drainage areas and similar design goals (Agony Acres, Holman Mill, and Maney Farm). Those project values confirmed the selected design discharge. The design discharge analysis for UT1 produced a fairly even spread of values across the estimation methods and lacked concurrence between any group of methods. Because of this, the aforementioned past projects within the Slate Belt were used for further evaluation. Creating a rating curve from past successful projects of similar drainage area gave a design discharge of 24 cfs for UT1. This value was incredibly close to the average of all estimation methods (26 cfs). For this reason, 24 cfs was chosen as the design discharge. Table 11 gives a summary of the discharge analysis. Figure 10 illustrates the design discharge data. Table 11: Summary of Design Discharge Analysis — Martin Dairy Mitigation Site Martin Dairy Reach 1 Martin Dairy Reach 2 UT1 DA (acres) 344 526 141 DA(sq. mi.) 0.54 0.82 0.22 NC Rural Piedmont Regional Curve (cfs) 57 77 30 Alan Walker Curve (cfs) 34 48 17 Wildlands Regional USGS Flood Frequency Analysis (cfs) 1.2-year event 49 67 35 1.5-year event 71 96 51 Site Specific Reference Reach Curve 43 63 19 Manning's Equation from Surveyed XS (cfs) XS3 50 XS4 61 XS5 27 Prediction from nearby design projects (cfs) 47 64 24 Selected Design Discharge 47 63 24 8.5 Sediment Transport Analysis As discussed in Section 3.1.2, small Slate Belt streams are generally low bedload sediment supply systems. To confirm that the streams on this Site are low bedload streams, Wildlands performed a qualitative assessment of the sediment load volume and sources in the project watershed. For this project, the watershed was assessed through aerial photography and field reconnaissance to characterize past and current land cover and potential sediment sources. There are two prominent potential sediment sources within the watershed: runoff from agricultural fields and streambank erosion and bed scour. There is evidence of streambank erosion on UT1 upstream of the project on the adjacent farm. However, the pond at the downstream end of the property serves as a sink for the excess sediment and limits the amount of sediment delivered to the Site. There is minimal evidence of streambank erosion from the upstream reaches of Martin Dairy delivering large sediment loads. Ponds on the northwest branch serve as a sink for sediment input and the northeast branch is in a wooded area. On -site streams were visually inspected several times during 2015 and 2016 to qualitatively assess aggradation and degradation within the channels. Streams exhibited evidence of on -going fluvial erosion on stream banks on Martin Dairy and UT1. There was no evidence of sediment deposition and accumulation throughout these reaches, indicating that aggradation within the reaches is not an issue. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 17 March 2017 Once the project is constructed, on -site sediment sources will be addressed by protecting streambanks and reducing shear stress in the channels. The watershed assessment indicates that the bedload supply is not high enough to cause the project streams to be capacity limited. The focus of sediment transport analysis for this design was verify that the designed channels will be stable over time and have the ability to pass sediment from the watersheds. A competence analysis was performed on the streams to aid in the development of the final channel designs. 8.5.1 Competence Analysis Competence analyses were performed iteratively during design for each of the restoration reaches by comparing shear stress associated with the design bankfull discharge, proposed channel dimensions, and proposed channel slopes with the size distribution of the existing bed load. The analysis utilized standard equations based on a methodology using the Shields (1936) curve and Andrews (1984) equation described by Rosgen (2001). Channel slope and design dimensions were varied until the resulting design verified that the stream reach could move the bed load supplied to the stream. The results of the analysis are shown in Table 12. Table 12: Results of Competence Analysis — Martin Dairy Mitigation Site Martin Dairy - R1 Martin Dairy - R2 UT1 Dbkf (ft) 1.10 1.20 0.7 Schan (ft/ft) 0.0050 0.0055 0.0140 Bankfull Shear Stress, t (lb/sq ft) 0.33 0.41 0.60 Dmax Bar/Subpavement (mm) 55 75 38 Dcrit (ft) 1.7 2.2 0.4 Scrit (ft/ft) 0.0079 0.0099 0.0078 Movable particle size (mm) 67.9 78.7 104.1 Predicted Shear Stress to move Dmax 0.25 0.38 0.15 The initial competence analysis was based on the size material naturally found in the stream in order to mimic potential bed load. The results were used to inform further design of the reach. The excess shear noted on UT1 influenced the design of rock and wood step structures to provide grade control and increase roughness within the channel. Riffles with larger materials, such as chunky riffles, were also integrated into the design as grade control. A second competence analysis was done to size the proposed Dso and Dloo for the constructed riffles on all stream reaches. Riffles materials was sized so that the reconstructed channels will not produce enough shear stress to entrain the largest particles in these structures. This will ensure a stable pavement while allowing for bed load material to be active within the system. 8.6 Project Implementation The majority of Martin Dairy will be raised through Priority I restoration (Table 13). This will raise the water table, improve hydrologic connection to the riparian wetlands, allow for frequent inundation of the floodplain, and a reduction of shear stress on the channel. The majority of UT1 will be a Priority II due to restrictions in Site topography and the elevation of the upstream culvert in relation to the floodplain. A floodplain will be graded in at a bankfull elevation. The floodplain will not meander along with the stream pattern but will be relatively straight. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 18 March 2017 Table 13: Functional Impairments and Restoration Approach — Martin Dairy Mitigation Site Resource Functional Impairments Restoration Approach Martin Dairy Incision, erosion, lack of riparian vegetation, lack of habitat Restoration — Priority I UT1 Incision, erosion, lack of riparian vegetation, lack of habitat Restoration — Priority II Martin Dairy has been separated into two reaches for the restoration design, separated by the confluence with UT1. The proposed stream will be realigned to the low point in the existing valley and the top of bank is set at an elevation matching the base of the overburden material on the existing floodplain. The perched culvert at the top of the reach will allow for a Priority 1 restoration approach through this area. The alignment travels through an existing wetland that formed between the toe of the valley slope and the overburden. The overburden material will be removed during construction to fill the old channel it is anticipated that additional wetlands will form across the valley floor creating an interconnected stream and wetland complex on the Site. UT1 will also be relocated into the natural low point in its valley. Due to the upstream culvert elevation, UT1 will follow a Priority II approach. A floodplain will be excavated at a lower level so that the stream bed is not raised for this short reach. A structure will be placed at the top of the reach to hold the bed elevation at that of the culvert invert so as to improve aquatic organism passage on this reach. Martin Dairy and UT1 will be sinuous (K=1.14) and the beds will be comprised of riffle -pool sequences with some log and rock drop structures. In -stream structures will include various types of constructed riffles, log sills, boulder sills, lunker logs, and j-hooks. The structures will reinforce channel stability and serve as habitat features. The constructed riffles will be comprised of excavated on -site riffle material from the adjacent hillslopes where the presence of Tatum Silt loam soil indicates bedrock is located (Figure 5). The riffles will also incorporate woody brush material and logs. The diverse range of constructed riffle types will provide grade control, diversity of habitat, and will create varied flow vectors. Log -j-hooks will deflect flow vectors away from banks while adding to habitat diversity. Log sills will be used to allow for small grade drops across pools and provide extra grade control. At select outer meander bends, the channel banks will be constructed with brush toe revetments to reduce erosion potential, encourage pool maintenance, and provide varied pool habitat. Lunker logs in combination with sod mats will also be used to provide pool habitat variability. Due to the availability of sod on site, it will be used extensively to provide immediate bank protection. The concept plan for Site restoration is illustrated in Figure 8. Wildlands has completed several projects within the Slate Belt and has found that riffle grade control material can be harvested from weathered parent material on valley sideslopes to mitigate for the natural lack of grade control. This method, along with the introduction of woody debris, has been successful at providing a heterogeneous mixture of riffle material that increases channel roughness and improves channel hydraulics and geomorphology. The gradation of material provides varied pore spaces within the riffles and structures, which benefits hyporheic exchange processes and habitat niche formation. According to soil descriptions, the Tatum silt loam, located along the right valley wall of Martin Dairy, contains weathered bedrock at a depth of 50 inches. This area will be used to source habitat and grade control structures during construction. One of the secondary objectives of this project will be to improve aquatic organism passage through the culvert at the upstream end of Martin Dairy by raising the stream bed to elevation of the culvert and eliminating the existing nick point barrier. Also as part of this project, a new culvert is to be added to the Site, downstream of the conservation easement, to allow the landowner access to the back half of their parcel. The culvert will be designed as to not impede aquatic organism passage onto the Site. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 19 March 2017 The restoration of Martin Dairy is likely to increase the wetland footprint on -site to include the old channel bed and newly created floodplain. This, along with the development of a riparian forest, should increase the Site's ability to cycle and store nutrients. The efficacy of nutrient cycling is likely to increase as the forest matures and develops a seasonal input of organic material into the system. An estimate of the percent reduction in nitrogen (TN) and phosphorus (TP) was made using a simplified version of the Tar -Pamlico Nutrient Calculation Sheet, which estimates typical nutrient loading based on land use. Pre - project conditions reflected managed pasture while post -project conditions modeled the project area as wooded. The area within the channel was not included in either model (calculations in Appendix 4). The worksheet estimated that the land use conversion would result in a 54% reduction in TN and a 77% reduction in TP from on -site sources. This equates to an annual load reduction of 5.3 Ibs of TN and 2.3 Ibs of TP. These numbers do not include the probable reductions associated with riparian wetlands. Despite the potential increase in the Site's ability to cycle nutrients post -restoration, the Site may still be considered to be functioning -at -Risk with a trend towards Functioning in regards to pollutants. The restoration will not address pollutant sources within the greater watershed, and the Site is not large enough to provide substantial enough nutrient sinks or denitrification from hyporheic exchange. The Site is connected to a wooded parcel downstream. Once a riparian buffer is established on -site, mammalian and avian species will likely migrate to the newly forested area. 8.7 Vegetation and Planting Plan The objective of the planting plan is to establish, over time, a thriving riparian buffer composed of native tree species. This restored buffer will improve riparian habitat, help the restored streams stay stable, shade the streams, and provide a source for LWD and organic material to the streams. The Site will also generate Riparian Buffer Credits as well as SMUs for the Neuse 01 CU in accordance with 15A NCAC 02B .0295 (Effective November 1, 2015). The Site will be planted to the extents of the conservation easement, to include the additional buffer areas as shown in Figure 11. Riparian buffers will be seeded and planted with early successional native vegetation (a mixture of trees and shrubs). The specific species composition to be planted was selected based on the community type, observation of occurrence of species in riparian buffers adjacent to the Site, best professional judgement on species establishment and anticipated Site conditions in the early years following project implementation, and the requirement of a minimum of four species according to Rule 0295. Species chosen for the planting plan are listed on Sheet 2.0 of the Draft Plans located in Appendix 6. The Draft Plans also contain additional guidance on planting zones, Site preparation, and Site stabilization during construction. The riparian buffer areas will be planted with bare root seedlings. In addition, the top of banks will be planted with live stakes and the channel toe will be planted with multiple herbaceous species. Livestakes will not be located on UT1 due to the size of the channel. Permanent herbaceous seed will be spread on streambanks, floodplain areas, and all disturbed areas within the project easement. Permanent herbaceous seed will also be placed within the internal easement break for the utility crossing. To help ensure tree growth and survival, soil amendments may be added to areas of the floodplain along Martin Dairy where overburden material is removed. Soil tests will be performed in areas of cut and fertilizer and lime will be applied based on the results. Additionally, topsoil will be stockpiled, reapplied, and disked before permanent seeding and planting activities take place. Species planted as bare roots will be planted a 12-foot by 6-foot spacing (targeted densities after monitoring year 3 are 320 stems per acre). Live stakes will be planted on channel banks at 6-foot spacing. Live stakes will be installed above base flow elevation. The presence of invasive species on Martin Dairy Mitigation Site is limited to the streambanks on existing streams. The most prevalent species, Chinese privet (Lagustrum sinese), is spread throughout W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 20 March 2017 the length of the project. Multiflora rose (Rosa multiflora) is also scattered along the existing stream banks, but in much lower quantities. Cattail (Typha latifolia) is present in small quantities and is limited to the stagnant area on UT1. The goal of this project is to treat and remove as much existing invasive species as possible before and during construction. Post construction, the presence and extents of invasive species will be monitored. Treatment of invasive species will continue as necessary throughout the life of the project to ensure project stability and success of the riparian and streambank vegetation. Additional monitoring and maintenance issues regarding vegetation a Sections 9 and 10 and Appendix 7. 8.8 Project Risk and Uncertainties This project is low risk. The land use surrounding the project is currently in hay production, so there is not a potential for accidental livestock access. There is one break in the easement for the maintenance of an overhead utility line. This area may be mowed or maintained periodically by Piedmont Electric Membership Corporation. It is very unlikely that utility maintenance personnel would cross the stream, as there is access to the western utility pole by the gravel drive located at the north end of the project. A riffle was designed in this easement break to ensure channel bank and bed stability. Due to the rural nature of the area, there is very little risk that changes in land use upstream in the project watershed would alter the hydrology or sediment supply to the degree that the project is put at risk. The easement is excluded from stream credit calculations. 9.0 Performance Standards The stream and wetland performance standards for the project will follow approved performance standards presented in the DMS Mitigation Plan Template (version 2.3, 12/18/2014), the Annual Monitoring Template (April 2015), and the Stream Mitigation Guidelines issued April 2003 by the USACE and DWR. Annual monitoring and semi-annual site visits will be conducted to assess the condition of the finished project. Specific performance standard components are proposed for stream morphology, hydrology, and vegetation. Performance standards will be evaluated throughout the seven-year post - construction monitoring. 9.1 Streams 9.1.1 Dimension Riffle cross -sections on the restoration reaches should be stable and should show little change in bankfull area, maximum depth ratio, and width -to -depth ratio. Per DMS guidance, bank height ratios shall not exceed 1.2 and entrenchment ratios shall be at least 2.2 for restored C and E channels to be considered stable. All riffle cross -sections should fall within the parameters defined for channels of the designed stream type. If any changes do occur, these changes will be evaluated to assess whether the stream channel is showing signs of instability. Indicators of instability include a vertically incising thalweg or eroding channel banks. Changes in the channel that indicate a movement toward stability or enhanced habitat include a decrease in the width -to -depth ratio in meandering channels or an increase in pool depth. Remedial action would not be taken if channel changes indicate a movement toward stability. 9.1.2 Pattern and Profile Visual assessments and photo documentation should indicate that streams are remaining stable and do not indicate a trend toward vertical or lateral instability. 9.1.3 Substrate Channel substrate materials will be sampled with the pebble count method along Martin Dairy and UT1. Restoration reaches should show maintenance of coarser materials in the riffle features and smaller W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 21 March 2017 particles in the pool features. A reach -wide pebble count will be performed in each restoration reach each monitoring year for classification purposes. A pebble count will be performed at each surveyed riffle to characterize the pavement. 9.1.4 Photo Documentation Photographs should illustrate the Site's vegetation and morphological stability on an annual basis. Cross- section photos should demonstrate no excessive erosion or degradation of the banks. Longitudinal photos should indicate the absence of persistent of mid -channel bars or vertical incision. Grade control structures should remain stable. Deposition of sediment on the bank side of vane arms is preferable. Maintenance of scour pools on the channel side of vane arms is expected. 9.1.5 Bankfull Events The occurrence of bankfull events and geomorphically significant events will be documented throughout the monitoring period. Two bankfull flow events must be documented within the seven-year monitoring period. The two bankfull events must occur in separate years. Also, two geomorphically significant events must be documented during the monitoring period as well. For these purposes, a geomorphically significant event is a flow event that is between 66% of the two-year discharge. These events may occur in the same year. Stream monitoring will continue until performance standards in the form of two bankfull events in separate years and two additional geomorphically significant events have been documented. 9.2 Vegetation Vegetative performance for riparian buffers associated with the stream restoration component of the project (buffer widths 0 — 50ft) will be in accordance with the Stream Mitigation Guidelines issued April 2003 by the USACE and DWR. The success criteria is an interim survival rate of 320 planted stems per acre at the end of monitoring year three (MY3), 260 stems per acre at the end of monitoring year 5 (MY5) and a final vegetation survival rate of 210 stems per acre at the end of monitoring year 7 (MY7). A separate buffer monitoring report will be submitted to NCDWR no later than December 31 of each year for a minimum of five consecutive years after the first full growing season (MY1, 2, 3, 4, and 5). At the completion of monitoring year 5, DMS will request closeout of the buffer portion of the project, assuming vegetation criteria is met. Vegetative performance for buffer restoration areas (Figure 11) will be in accordance with 15A NCAC 02B .0295(n)(2)(B), € and (n)(4) (effective November 1, 2015). To meet success, areas generating buffer mitigation credits shall include a minimum of four native hardwood tree species or four native hardwood tree and native shrub species, where no one species is greater than 50 percent of stems, and have a survival of 260 planted stems per acre at the end of the required monitoring period (MY5) (no interim success criteria required). In order for the monitoring to be terminated, DWR must provide a written approval of vegetation success of buffer restoration areas generating buffer credit. The extent of invasive species coverage will be monitored and controlled as necessary throughout the required monitoring period (MY5 or MY7). 9.3 Visual Assessments Visual assessments should support the specific performance standards for each metric as described above. 10.0 Monitoring Plan The Site monitoring plan has been developed to ensure that the required performance standards are met and project goals and objectives are achieved. Annual monitoring data will be reported using the W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 22 March 2017 DIMS Annual Monitoring Reporting Template (April 2015). The monitoring report shall provide project data chronology that will facilitate an understanding of project status and trends, ease population of DMS databases for analysis and research purposes, and assist in close-out decision making. Using the DIMS As -Built Baseline Monitoring Report Template (February 2014), a baseline monitoring document and as -built record drawings of the project will be developed within 60 days of the planting completion and monitoring installation on the restored site. Monitoring reports will be prepared in the fall of each monitoring year and submitted to DIMS by November 30. These reports will be based on the DMS Annual Monitoring Template (April 2015) and Closeout Report Template (March 2015). DIMS monitoring reports will be submitted in monitoring years 1, 2, 3, 4, and 7. Closeout monitoring period will be seven years beyond completion of construction or until performance standards have been met. A separate buffer monitoring report will be submitted annually to NCDWR as described in section 9.2, in monitoring years 1,2,3,4, and 5. Also, a separate as -built report will be developed within 30 days of the planting completion and submitted to NCDWR. All reports submitted to NCDWR will follow the typical NCDWR format. Closeout monitoring period for buffers will be five years beyond completion of construction or until performance standards have been met. Table 14, below, describes how the monitoring plan is set up in order to verify project goals and objectives have been achieved. Table 14: Monitoring Plan — Martin Dairy Mitigation Site Goal Treatment Performance Standards Monitoring Metric Outcome Likely Functional Uplift Reconstruct stream Reconnect channels with Dispersion of high channels with designed bankfull Two bankfull Crest gauges Multiple floodplains dimensions and events and two and/or pressure bankfull and flows the and riparian p depth based on p eomor hicall g p y transducers on geomorphically la lain, increase wetlands to reference reach significant Martin Dairy significant in biogeochemical in bio allow a data. Remove events within and UT1 events within cycling within the natural existing berm to monitoring recording flow monitoring system, and flooding reconnect channel period. elevations. period. recharging regime. with adjacent riparian wetlands. ands. wetlands. Entrenchment ratio stays over Stable stream Reduction in Construct stream 2.2 and bank channels with sediment inputs Improve channels that will height ratio Cross-section stability of maintain stable below 1.2 with monitoring and entrenchment from bank erosion, stream cross -sections, visual visual ratios over 2.2 reduction of shear channels. patterns, and assessments inspections. and bank stress, and profiles over time. showing height ratios improved overall below 1.2. hydraulic function. progression towards stability. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 23 March 2017 Performance Monitoring Likely Functional Goal Treatment Standards Metric Outcome Uplift Reduction in 210 planted floodplain stems per acre One hundred sediment inputs at MY7. Interim Planted stem Restore and Plant native tree survival rate of square meter densities will from runoff, enhance and understory 320 planted vegetation e at or above b increased bank plots will be stability, increased native species in riparian stems per acre Placed on 2% of 210 planted and organic floodplain zones and plant at MY3 and 260 stems per acre the planted material in mat and native shrub and at MY5. For at MY7, with area the streams, increased streambank herbaceous species buffer credit volunteer trees Project and ct b vegetation. g on streambanks. areas, survival monitored growing on Site cling in cycling in rate of 260 as well. annually. floodplain, and stems per acre improved riparian at MYS. habitat. Install habitat The RSAT score features such as Complete a for instream Increase in constructed riffles, con str Rapid Stream aquatic habitat available habitat lun logs, and There is no Assessment would progress niches for Improve brush toes into required instream restored/ enhanced performance Technique from a poor macroinvertebrates (RSAT) score for condition to a and fish leading to habitat. streams. Add woody standard for this materials to channel metric. aquatic good or an increase in instream excellent biodiversity over beds. Construct pools of varying habitat condition over time. depth. time. Visually inspect the perimeter No harmful Protection of the Permanently Establish Prevent of the Site to encroachment Site from protect the conservation easement ensure no into the encroachment into Site from easements on the harmful uses. Site. encroachment. easement conservation the conservation encroachment easement. easement. is occurring. 10.1 Monitoring Components Project monitoring components are listed in more detail in Table 15. Approximate locations of the proposed vegetation plots and groundwater gage monitoring components are illustrated in Figure 12. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 24 March 2017 Table 15: Monitoring Components — Martin Dairy Mitigation Site Quantity/ Length by Reach Martin Martin Parameter Monitoring Feature Frequency Notes Dairy Dairy UT1 R1 R2 Riffle Cross -sections 1 1 1 Dimension Year 1, 2, 3, 5, and 7 1 Pool Cross -sections 1 1 1 Pattern Pattern N/A N/A N/A N/A Profile Longitudinal Profile N/A N/A N/A N/A 2 Reach wide (RW), Substrate Riffle (RF) 100 1 RW, 1 RW, 1 RW, Year 1, 2, 3, 5, and 7 pebble count 1 RF 1 RF 1 RF Crest Gage and/or Hydrology Transducer 1 1 Semi- Annual 3 Vegetation CVS Level 2 8 Year 1, 2, 3, 5, and 7 4 Visual Y Y Y Semi -Annual Assessment Exotic and nuisance Semi -Annual 5 vegetation Project Semi -Annual 6 Boundary Reference Photos Photographs 8 2 Annual 1. Cross -sections will be permanently marked with rebar to establish location. Surveys will include points measured at all breaks in slope, including top of bank, bankfull, edge of water, and thalweg. 2. Pattern and profile will be assessed visually during semi-annual site visits. Longitudinal profile will be collected during as - built baseline monitoring survey only, unless observations indicate lack of stability and profile survey is warranted in additional years. 3. Crest gages and/or transducers will be inspected quarterly or semi-annually, evidence of bankfull events will be documented with a photo when possible. Transducers, if used, will be set to record stage once every 2 hours. The transducer will be inspected and downloaded semi-annually. 4. Vegetation monitoring will follow CVS protocols, separate monitoring reports will be submitted to NCDMS and NCDWR. 5. Locations of exotic and nuisance vegetation will be mapped. 6. Locations of vegetation damage, boundary encroachments, etc. will be mapped. 11.0 Long -Term Management Plan The site will be transferred to the North Carolina Department of Environmental Quality (NCDEQ) Stewardship Program. This party shall serve as conservation easement holder and long-term steward for the property and will conduct periodic inspection of the site to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship Program is developing an endowment system within the non -reverting, interest -bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statue GS 113A- 232(d)(3). Interest gained by the endowment fund may be used for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The Stewardship Program will periodically install signage as needed to identify boundary markings as needed. Any livestock or associated fencing or permanent crossings will be the responsibility the owner of the underlying fee to maintain. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 25 March 2017 The Site Protection Instrument can be found in Appendix 1. Table 16: Long-term Management Plan — Martin Dairy Mitigation Site Long -Term Management Activity Long -Term Manager Responsibility Landowner Responsibility The landowner shall report damaged or missing signs to the long-term manager, as well as The long-term steward will be contact the long-term manager if Signage will be installed and responsible for inspecting the Site a boundary needs to be marked, maintained along the Site boundary and for maintaining or or clarification is needed boundary to denote the area replacing signage to ensure that the regarding a boundary location. If protected by the recorded conservation easement area is clearly land use changes in future and conservation easement. marked. fencing is required to protect the easement, the landowner is responsible for installing fencing that meets the objectives of the mitigation project. The long-term manager will be responsible for conducting annual inspections and for undertaking The Site will be protected in its actions that are reasonably calculated The landowner shall contact the entirety and managed under the to swiftly correct the conditions long-term manager if clarification terms outlined in the recorded constituting a breach. The USACE, and is needed regarding the their authorized agents, shall have the restrictions associated with the conservation easement. right to enter and inspect the Site and recorded conservation easement. to take actions necessary to verify compliance with the conservation easement. 12.0 Adaptive Management Plan Upon completion of Site construction, Wildlands will implement the post -construction monitoring defined in Sections 9 and 10. Project maintenance will be performed during the monitoring years to address minor issues as necessary (Appendix 7). If, during the course of annual monitoring it is determined the Site's ability to achieve Site performance standards are jeopardized, Wildlands will notify the DMS of the need to develop a Plan of Corrective Action. Once the Plan of Corrective Action is prepared and finalized Wildlands will: • Notify the USACE as required by the Nationwide 27 permit general conditions; • Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the USACE; • Obtain other permits as necessary; • Implement the Corrective Action Plan; and • Provide the USACE a Record Drawing of Corrective Actions. This document shall depict the extent and nature of the work performed. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 26 March 2017 13.0 Determination of Credits The final stream and buffer credits associated with the Site are listed in Tables 17a and 17b respectively. Stream Restoration is at a ratio of 1:1. All buffers meet the minimum 50-foot requirement. The first 100 feet of the buffer is credited at a 1:1 ratio. The next 100 feet is credited at a ratio of 3:1, according to DWR guidelines. The credit release schedule is located in Appendix 8. Table 17a: Project Stream Asset Table — Martin Dairy Mitigation Site Mitigation Credits Stream Riparian Wetland Non -Riparian Wetland Type R RE R RE R RE Totals 2,135 N/A N/A N/A N/A N/A Project Components Restoratio Project Existing Proposed Approac n (R) or Restoratio Component or Footage/Acrea Stationing h Restoratio n Footage Mitigatio Propose Reach ID ge Location (P1, P2, n or n Ratio d Credit etc) Equivalen Acreage t (RE) 100+13 - 101+38, Martin Dairy 101+78 - R1 503 107+61 P1 R 708 1 708 Martin Dairy 107+61- R2 1173 119+71 P1 R 1210 1 1210 200+33 - UT1 138 202+50 PH R 217 1 217 Component Summation Riparian Non-Riparian Riparian Restoration Level Stream (LF) Wetland Wetland (AC) (Acres) Restoration 2135 N/A N/A W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 27 March 2017 Table 17b: Project Buffer Asset Table — Martin Dairy Mitigation Site Mitigation Credits Riparian Buffer R RE 394,742 N/A Project Components Project Component or Reach ID (P1, P2, etc) Restoration (R) or Restoration Equivalent (RE) Restoration Footage or Acreage Mitigation Ratio Proposed Credit Buffer Area A (TOB- 100') planting, CE R 371,297 1 371,297 Buffer Area B (100- 200') planting, CE R 70,336 3 23,445 Service Area: HUC 03020201 Component Summation Restoration Level Buffer (sq.ft.) Upland (AC) Restoration 441,633 N/A 14.0 References Dunne, T. and L. B. Leopold. 1978. Water in Environmental Planning. W.H. Freeman and Company. New York. Giese, G.I and Robert R. Mason Jr. 1993. Low -Flow Characteristics of Streams in North Carolina. U.S. Geological Survey Water Supply Paper 2403. Harman, W. R. Starr, M. Carter, K. Tweedy, M. Clemmons, K. Suggs, C. Miller. 2012. A Function Based Framework for Stream Assessment and Restoration Projects. US Environmental Protection Agency, Office of Wetlands, Oceans, and Watersheds, Washington, DC EPA 843-K-12-006. Harman et al. 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. AWRA Wildland Hydrology Symposium Proceedings. Edited by: D. S. Olsen and J.P. Potyondy. AWRA Summer Symposium. Bozeman, MT. Montgomery County Department of Environmental Protection Division of Water Resources Management. 1996. Rapid Stream Assessment Technique (RSAT) Field Methods. Montgomery County, Maryland. Natural Resources Conservation Service (NRCS), 2011. Web Soil Survey. http://websoiIsurvey.nres.usda.gov/app/HomePage.htm North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications. http://portal.ncdenr.org/web/wq/ps/csu/classifications North Carolina Geological Survey (NCGS), 1985. Geologic map of North Carolina 1:500,000 scale. Compiled by Philip M. Brown at el. Raleigh, NC, NCGS. North Carolina Natural Heritage Program (NHP), 2009. Natural Heritage Element Occurrence Database, Orange County, NC. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 28 March 2017 Rogers, John J.W., 2006. The Carolina Slate Belt. In Steponaitis, V.P., Irwin, J.D., McReynolds, T.E., and Moore, C.R. (Ed.), Stone Quarries and Sourcing in the Carolina Slate Belt (pp. 10 — 15). Retrieved from http://rla.unc.edu/Publications/pdf/ResRep25/Ch2.pdf Rosgen, D. L. 1994. A classification of natural rivers. Catena 22:169-199. Rosgen, D.L. 2001. A stream channel stability assessment methodology. Proceedings of the Federal Interagency Sediment Conference, Reno, NV, March 2001. Simon, A. 1989. A model of channel response in disturbed alluvial channels. Earth Surface Processes and Landforms 14(1):11-26. Shields, D. F., Copeland, R. R, Klingman, P. C., Doyle, M. W., and Simon, A. 2003. Design for Stream Restoration. Journal of Hydraulic Engineering 129(8): 575-582. U.S. Army Corps of Engineers, Hydrologic Engineering Center (HEC), 2010. HEC-RAS River Analysis System User's Manual, Version 4.1. Accessed online at: http://www.hec.usace.army.mil/software/hec-ras/documentation/HEC-RAS-4.1—Users—Manual.pdf United States Environmental Protection Agency (EPA), 2010. Spreadsheet Tool for Estimating Pollutant Load, version 4.1. http://it.tetratech-ffx.com/steplweb/models$docs.htm United States Fish and Wildlife Service (USFWS), 2014. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Orange County, NC. http://www.fws.gov/raleigh/species/cntylist/orange.html Walker, Alan, unpublished. NC Rural Mountain and Piedmont Regional Curve. W Martin Dairy Mitigation Site Final Mitigation Plan DMS ID No.97087 Page 29 March 2017 Appendix 1 Site Protection Instrument 1.0 Site Protection Instrument The land required for construction, management, and stewardship of this mitigation project includes portions of the parcels listed in Table 1. A conservation easement is recorded on the parcels and includes streams being restored along with their corresponding riparian buffers. A temporary construction access easement is also recorded on the parcels. The recorded easement is included in this appendix. Table 1: Site Protection Instrument — Martin Dairy Mitigation Site Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage to be Protected Ted H Martin 9896-83-0483 Orange 116 76 10.289 Ted H Martin 9896-83-9111 Orange 116 76 0.866 All site protection instruments require 60-day advance notification to the USACE and or DMS prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. Martin Dairy Mitigation Site Appendix 1 DMS ID No. 97087 Page 1 December 2016 �0 STATE OF NORTH CAROLINA ,I IXc.lse `* . 'ups -00 ORANGE COUNTY SPO File Number: 68-DE DMS Project Number: 97087 Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 N�pI"y�I��tl�I�gIIN�C 2016:109000236720 SIINS Bk:RB6218 P4:270 11l0912016 09:40:29 AM i113 FILED Mark Chilton Register of Deeds, Orange Co,NC Recording Fae. 26.00 NC Real Estate K: S268.00 DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT g 3 o yq3 THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this I day of / oyern bcr 2016, by Ted H. Martin and wife Ruby Martin , ("Grantor"), whose mailing address is 7205 Schley Road, Hillsborough, NC, to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.9 et sea., the State of North Carolina has established the Division of Mitigation Services (formerly known as the Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 1 of 11 G�II218 271 2/13,�Yllin'IVPI'IN protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Wildlands Engineering, Inc, and the North Carolina Department of Environment and Natural Resources, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 6831. WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU referenced above; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8`h day of February 2000; and WHEREAS, the Division of Mitigation Services in the Department of Environment and Natural Resources, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 2 of 11 VIRBS��I' �I�' 1f19119�11911 Y WHEREAS, Grantor owns in fee simple certain real properties situated, lying, and being in Eno Township, Orange County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately 42.92 acres and being conveyed to the Grantor by deed as recorded in Deed Book 4973 at Page 348 and that certain parcel of land containing approximately 3.52 acres and being conveyed to the Grantor by deed as recorded in Deed Book 197 at Page 783 of the Orange County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of unnamed tributaries to Buckwater Creek. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Conservation Easement Area consists of the following: Easement Areas 1 and 2 containing a total of 11.155 acres as shown on the plats of survey entitled "Conservation Easement for the State of North Carolina Division of Mitigation Services, Project Name: Martin Dairy Stream Mitigation, S P O File No. 68-DE, DMS Project Site No. 97087, Property of Ted H. Martin and wife Ruby Y. Martin, dated September 1, 2016 Elisabeth G. Turner PLS Number 4440 and recorded in the Orange County, North Carolina Register of Deeds at Plat Book I I & Page 7 b See attached "Exhibit A", Legal Description of area of the Property hereinafter referred to as the "Conservation Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 3 of 11 II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement_ Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of non-native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement. NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 4 of 11 All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. I. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 5 of 11 I��I y�`IIVp91111'iIRIIEI III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, receive a perpetual Right of Access to the Conservation Easement Area over the Property at reasonable times to undertake any activities to restore, construct, manage, maintain, enhance, protect, and monitor the stream, wetland and any other riparian resources in the Conservation Easement Area, in accordance with restoration activities or a long-term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservations easements damages the investment and can result in reductions in natural resource value and mitigation credits which would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if such repairs are needed as a result of activities of the Grantor, his successors or assigns. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 6 of 11 I��4�I�NIII!IIWII'lll power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek darnages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserve, the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. if any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 7 of 11 oRB621pliiuMiiuumN�� obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and General Counsel US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 8 of 11 uR86218 278 9113��uiimimiu VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 9 of 11 iRB6218 279��3�uiuumu� IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. --t tl � - , (SEAL) n (SEAL) NORTH CAROLINA COLW7T OF �•G� 1, 1' lob e,-+ la/ . a Notary Public in and for the County and State aforesaid, do hereby certify that Ted t1, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of 1*70-IV-0 h0rr , 20/6 Notary Public My commission expires: 9 -a 3.'2/ WBEH t BUGG NOTARY PL.' •�;_!C Mecklenburg C. unty North Carolina NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 10 of 11 �R86RIIS 280 111'13��II IN�pllll NORTH CAROLINA COUNTY OF or cy., [, 130bert L /. &r �, a Notary Public in and for the County and State aforesaid, do hereby certify that v _ r'n orjl�' . Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of /I o--c-n b e, 20 / G L� Notary Public My commission expires: EFRO BERT W. BUCCTARY PUBLICklenburg Cp��orth Carolina. NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 11 of 11 eiM1ei1 �R86d2d0��l12/13 gpmIIIIY�uCilq Description for conservation easement for the State of North Carolina, Division of Mitigation Services on the property of Ted H. Martin and wife, Ruby Y. Martin, located in Eno Township, Orange County, North Carolina. (All references to the Orange County Register of Deeds unless otherwise noted.) PIN:9896-83-0483 Easement Area 1 Beginning at a 5/8" rebar with CE cap (Corner #1) within the property of Ted H. Martin and wife, Ruby Y. Martin (now or formerly, see Deed Book 4973, Page 348 and Plat Book 112, Page 51, Lot 1), said rebar being located S 88°42'05" W a distance of 35.53' from a GPS Site Control Point (existing 1/2" rebar) with NCGS Grid Coordinates [NAD83(2011)] N=864,568.16 usft, E=1,998,993.46 usft; thence, from the point of Beginning, S 03°55'46" E the following distances: 60.78' to a 5/8" rebar with CE cap (Corner #2), said rebar being the northeast comer of a 30' wide reserved stream crossing; 30.64' to a 5/8" rebar with CE cap (Corner #3), said rebar being the southeast corner of said crossing; 932.18' to a 5/8" rebar with CE cap (Corner #4); thence S 85'01105" W a distance of 133.64' to a 5/8" rebar with CE cap (Corner #5); thence S 04° 15'59" E a distance of 112.08' to a 5/8" rebar with CE cap (Corner #6) on the Martin's common line (Deed Book 4973, Page 348 and Deed Book 197, Page 783); thence, with said common line, S 85°35'56" W a distance of 52.26' to an existing 1 %z" iron pipe (Corner #14), said pipe being a common corner of the Martin properties; thence, with the common line, S 02'25'19" E a distance of 141.67' to a calculated point (Corner #15); thence S 20'01'54" W a distance of 134.44' to a calculated point (Corner #16); thence S 35° 16'02" W a distance of 192.62' to a calculated point (Corner #9); thence, leaving said common line, S 89°41'23" W a distance of 102.13' to a 5/8" rebar with CE cap (Comer #10); thence N 03°58'37" E the following distances: 1,411.24' to a 5/8" rebar with CE cap (Corner #11), said rebar being the southwest corner of a 30' wide reserved stream crossing; 31.85' to a 5/8" rebar with CE cap (Corner #12), said rebar being the northwest corner of said crossing;140.64' to a 5/8" rebar with CE cap (Corner #13); thence S 88042'05" E a distance of 250.39' to the point of Beginning; containing 10.289 acres, more or less, and shown as Easement Area 1 on a plat by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement for the State of North Carolina, Division of Mitigation Services, Martin Dairy Stream Mitigation" dated October 26, 2016 and recorded in Plat Book_) (d , Page P of the Orange County Register of Deeds. NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 12 of 11 RB6218 282 11113 PIN:9896-83-9111 Easement Area 2 Beginning at an existing 1'/," iron pipe (Comer #14) at the northwest comer of Ted H. Martin and wife, Ruby Y. Martin (now or formerly, see Deed Book 197, Page 783, and Plat Book 13), said pipe being a common corner with Lot 1 of Plat Book 112, Page 51, and located S 07°04'01" W a distance of 1,156.55' from a GPS Site Control Point (existing 1/2" rebar) with NCGS Grid Coordinates [NAD83(2011)] N=864,568.16 usft, E=1,998,993.46 usft; thence, from the point of Beginning, with the common line, N 85°35'56" E a distance of 52.26' to a 5/8" rebar with CE cap (Corner #6); thence, leaving said common line, S 0495'59" E a distance of 252.24' to a 5/8" rebar with CE cap (Corner #7); thence S 23°47'27" W a distance of 193.22' to a 5/8" rebar with CE cap (Comer #8); thence S 89°41'23" W a distance of 144.2l' to a calculated point (Corner #9) on the Martin's common line; thence, with the common line, N 35'16'02" E a distance of 192.62'to a calculate point (Corner #16); thence N 20°01'54" E a distance of 134.44' to a calculated point (Corner #15); thence N 02°25'19" W a distance of 141.67' to the point of Beginning; containing 0.866 acres, more or less, and shown as Easement Area 2 on a plat by Turner Land Surveying, PLLC (P-0702) of Swannanoa, NC, titled "Conservation Easement for the State of North Carolina, Division of Mitigation Services, Martin Dairy Stream. Mitigation" dated October 26, 2016 and recorded in Plat Book t ! (_r , Page _1&_of the Orange County Register of Deeds. NCDMS Full Delivery Conservation Easement Template adopted 29 April 2015 Page 13 of 11 3�-5 20161119000236730 SIINS Bk:RB6218 Pg:283 11/09/2016 09:40:30 AM 117 RECORDING REQUESTED BY AND WHEN RECORDED MAIL. TO: FILED Bark Chilton Register of Deeds. Orange Co,NC : 00 $, Wildlands Engineering, Inc. Recording Fat; NCC Real Estate TXTX: $.ii0 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 Attention: Lee Knight Caffery SPACE ABOVE THIS LINE FOR RECORDER'S USE TEMPORARY CONSTRUCTION EASEMENT This temporary construction easement is between is between Ted H. Martin and wife Ruby Martin ("Grantor"), individuals, and WILDLANDS ENGINEERING, INC., a North Carolina corporation ("Grantee"). This temporary construction easement will become effective when all parties have signed it. A. Grantor is the owner of certain real property comprised of two parcels located at 7205 Schley Road, in Hillsborough, Orange County, North Carolina and recorded in the Orange County Register of Deeds (the "Property"). The Property is also identified as Tax Parcel Numbers 9896830483 and 9896839111.1 B. The North Carolina Division of Mitigation Services has contracted with Grantee to restore and enhance the portions of an unnamed stream located on the Property (the "Stream Restoration Project"). C. Grantor has agreed to grant Grantee a temporary construction easement across the Property during the construction of the Stream Restoration Project. Grantor and Grantee therefore agree as follows: 1. Grant of Temporary Construction Easement. In consideration of the sum of $10.00, (the "Purchase Price") Grantor grants to Grantee, a temporary construction easement in, upon, over, under and across the Property in two areas shown on the plat titled Conservation Easement for the State of -1- I�Ulpllf �'�I�J�Ilfllll'IIdIIIVIIIY North Carolina, Division of Mitigation Services, recorded in Orange County, North Carolina in plat book I1, page NO . The temporary construction easement areas are shown on the plat as 0.112 acres on Tax Parcel Number 9896830483, 0.079 acres on Tax Parcel Number 9896830483 and 0.585 acres on Tax Parcel Number 9896839111. 2. Payment of Purchase Price. Prior to the commencement of "Construction Activities," as defined, Grantee shall deliver the Purchase Price to the Grantor in immediately available funds. 3. Construction Activities. Grantee and its contractors, agents and assigns shall have the right to utilize the temporary construction easement for the purpose of providing a staging area, temporary work space, and construction site access for and during the Stream Restoration Project (the "Construction Activities"). Grantee has the right to deposit tools, implements and other materials in the temporary construction easement and to transport fill dirt to be used in the Stream Restoration Project. Construction Activities include building a gravel construction entrance on and over the 0.112 acre and the 0.585 acre temporary construction easement at the south end of the Property off Schley Road, and that gravel construction entrance will remain after the conclusion of the Construction Activities. Construction Activities also include building a gravel construction entrance on and over the 0.079 acre temporary construction easement from Schley Road, on Tax Parcel Number which temporary construction easement will be used to complete restoration of a small tributary and to access the permeant conservation easement from Schley Road during construction. At the conclusion of the Construction Activates, Grantee will remove all gravel and debris from the 0.079 acre temporary construction easement and will seed, fertilize and straw the area. 4. Indemnification. Grantee shall indemnify, defend and hold Grantor harmless from any and all damages, claims, liabilities expenses (including reasonable attorneys' fees) arising out of or as a result of the entry onto the Property by Grantee, its contractors, agents and assigns. 5. Dispute Resolution. In the event of any dispute, claim, question or disagreement arising out of or relating to this temporary construction easement, Grantor or Grantee may invoke the Dispute Resolution provisions of this section 5 by notifying the other party in writing of the matter in dispute and of the party's intention to resolve the dispute under this section. The parties shall then attempt to resolve the dispute informally for a period of 15 calendar days from the date of the notice. The period of informal negotiations may be extended 15 calendar days by written agreement of the parties to the dispute. Mediation. If the parties are unable to resolve the dispute through informal negotiation, any party may invoke formal dispute resolution through mediation. The parties will agree to mediate all disputes in good faith and shall agree on a North Carolina Superior Court Certified Mediator to mediate the dispute. The mediation process shall commence within 60 days of the selection of a mediator and the costs of mediation shall be borne equally by both parties. In the event mediation fails to resolve the dispute between the parties, either party may seek judicial resolution of the dispute in a North Carolina Court. b. Attorney's Fees. If either party institutes any action or proceeding against the other arising out of this temporary construction easement, the non -prevailing party in such action or proceeding shall reimburse the prevailing party for such party's reasonable -2- i�!l�p1�;ia�u�a��iirui imiimuu attorneys' fees and all costs and disbursements incurred, including any appeal from an action or proceeding. 6. Termination. The temporary construction easement shall terminate upon the earlier of (a) the completion of the Construction Activities and the removal of any sedimentation and erosion control measures, (b) or on 12/31/2018. Grantee agrees that the Stream Restoration Project shall be pursued as diligently and as expeditiously as reasonably possible and that upon completion of the Stream Restoration Project, the property shall be evenly graded, stabilized and seeded such that it may be mowed and all construction debris will be removed. Upon the termination of the temporary construction easement, the Grantee shall have no further obligation or liability in connection with the Property. Assignment. Grantee may assign Grantee's rights in the temporary construction easement. S. Covenants Running with the Land. This temporary construction easement and covenants created by this temporary construction easement shall be deemed to be covenants running with the land and shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties. 9. Right to Convey. Grantor covenants that he has the right to convey this temporary construction easement. [SIGNATURE PAGE FOLLOWS] -3- 1qu u111 1114Ru lljl ilu u Each party is signing this temporary access and construction agreement on the date stated below that party's signature. GRANTEE: WILDLANDS ENGINEERING, INC., a North Carolina corporation 10A-1101to] If TED H. MARTIN and RUBY Y. MARTIN 4By; Z/ . By: r tj , Iry 5 wn D. Wilkerson, President T H. Martin Date: �1 Ij 17-0 1 b Date: — By: �. 1, G1 .. Ruby Y. in Date. li - Y- / -4- I�p�ppl�i�Iq�V,I�IYCII�IIIIVII'IWII A /e"6✓rN County, North Carolina I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: 0. t-v,/k er.s Name of principal Date: //- Y-Ao16 (Official Sea[) ROBERT W. BU GG NOTARY PUBLIC Mecklenburg County North Carolina Official Sign otur otary dbe,-4 ty, 6 wq 3 Notary's printed or typed name My commission expires: g-,?3-;zo-�i -5- County, North Carolina RB5216 288 617 1 certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: Name of principal Date: / /—,? —/6 (official Seal) ROBERT W. BUGG NOTARY PUBLIC �r 1 Count rlarti�r C:�rolina !mil/ Official Signature otary 8o L-r,- 4 Notary's printed or typed name My commission expires: 9-,W 3-.21 9.1 YI�VCounty, North Carolina gyI2I89 717 11ilV�B�I'�91111111111 I certify that the following person personally appeared before me this day, acknowledging to me that he or she signed the foregoing document: Aabj d. '41C'r4)n Name of principal Date: //- g -16 (Official Seal) ROBERT W. BU GG NOTARY PUBLIC Mecklenburg County North Carolina Official Signature otary 2 Notary's printed or typed name My commission expires: $- a3-,7l -7- 2 m 00 y oM `m O Moz V7Z >TD �O A -� m -n �0 MWO> R? D lop0D 0 Z � co — � D < =ate 0 0 mycn mZ wo y O OX�J�_ =C� O o{ �1 z ° D cn z =� O Z 0 ! Apn y {e mp PPP elf M11111011011Gu�llliglluull►INI �exrePL —:76 e ,w �q _ s�v n }:�. z r �g � p yy [�jj � gg Sys d V d� gl Y l 1. �• �� 1 ' _ rku•sa�r� reaxrr � 14� .�.•6� •B••�C�� �.' .yam . .�.•. ..' .'� K. mm f- m� 9 � r 0 C ° a rn gg s �S n� N �z Wz Z z 0 N CD m z m wc rn m S Q � I 1 ., ED SST e� � � •� 2r 0 � no ^p 0 Am zr0m $ j• 4 8 oamao@ 40, ��BIH Bg�F�� gi R ER g° RP N m W` Appendix 2 Approved JD and Supporting USACE Assessment Forms U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-00874 County: Orange U.S.G.S. Quad: NC -Caldwell NOTIFICATION OF JURISDICTIONAL DETERMINATION Land Owner: Mr. Ted Martin and Ms. Ruby Martin Address: 7205 Schley Road Hillsborough, North Carolina 27278 Applicant/Agent: Wildlands Engineering, Inc. Mr. Win Taylor Address: 497 Bramson Court, Suite 104 Mt. Pleasant, South Carolina 29464 Size (acres) 9_5 Nearest Town Hillsborough Nearest Waterway Buckwater Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 36.12329 Longitude:-79.00402 Location description: The Martin Dairy Mitigation Site is located on an approximate 9.5 acre tract of land near Hillsborough in Orange County, North Carolina. Orange County, North Carolina Parcel Index Numbers: 9896830483 and 9896839111. Waters on -site drain into Buckwater Creek, an indirect tributary of the Neuse River. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Basis For Determination: On June 13, 2016, Wildlands Engineering, Inc. submitted a preliminary iurisdictional determination (JD) to our office for review. Representatives from the United States Army Corps of Engineers (Corps) and Wildlands Engineering, Inc. participated in an on -site field verification conducted on July 28, 2016. During this investigation the Corps requested additional information required to accuracy describe and delineate waters within the Martin Dairy Mitigation Site. Final revisions were received by our office on August 5, 2016. Based on a review of the June 13, 2016 report submitted to our office, on -site field verification on July 28, 2016, and final revisions received on August 2016, this office has determined that 1,840 linear feet of perennial stream channel and 2.848 acres of emergent wetland are present within the Martin Dairy Mitigation Site proiect boundary. Refer to the enclosed Preliminary Jurisdictional Determination Form, Aquatic Resource Table, and Figure 3 Site Map for a detailed summary of waters on -site. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** DAI LEY.SAMANT HAII 387567948 Corps Regulatory Official: SAMANTHA DAILEY Date of JD: 12/09/2016 Expiration Date of JD: Digitally signed by DAILEY.SAMANTHA.J.1387567948 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DAI LEY.SAMANTHA.J.1387567948 Date: 2016.12.13 07:58:46-05'00' The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmgpu.usace.anny.mil/cm apex/f?p=136:4:0. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL JL Applicant: Wildlands Engineering, Inc. Mr. Win Taylor File Number: SAW-2016-00874 Date: 12/09/2016 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.g.IM.mil/Missions/CivilWorks/Re ug laton ProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Raleigh Regulatory Field Office CESAD-PDO Attn: Samantha Dailey U.S. Army Corps of Engineers, South Atlantic Division 3331 Heritage Trade Drive, Suite 105 60 Forsyth Street, Room 10M15 Wake Forest, North Carolina 27587 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Samantha Dailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): December 9, 2016 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Land Owner: Mr. Ted Martin and Ms. Ruby Martin Address: 7205 Schley Road Hillsborough, North Carolina 27278 Applicant/Agent: Wildlands Engineering, Inc. Mr. Win Taylor Address: 497 Bramson Court, Suite 104 Mt. Pleasant, South Carolina 29464 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Martin Dairy Mitigation Site, North Carolina Division of Mitigation Services, Orange County, SAW-2016-00874 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Orange City: Hillsborough Center coordinates of site (lat/long in degree decimal format): Lat. 36.12329°N, Long. 79.00402' W. Universal Transverse Mercator: Name of nearest water body: Buckwater Creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 1,840 linear feet: width (ft) and/or acres. Cowardin Class: Riverine Stream Flow: Perennial Wetlands: 2.848 acres. Cowardin Class: PEM 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 APPLIES): ® Office (Desk) Determination. Date: December 9, 2016 ® Field Determination. Date(s): July 28, 2016 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 or judicial 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: 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: Wildlands Engineering, Inc., submitted a Jurisdictional Determination Request on June 13, 2016, with revisions received on August 5, 2016. ® Data sheets prepared/submitted by or on behalf of the applicant/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: 1:24K, NC -Caldwell ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey: October 31, 2016. ® National wetlands inventory map(s). Cite name: Corps of Engineers SimSuite — July 27, 2016. ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): June 13, 2016 Jurisdictional Determination Request. or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Digitally signed by DAL.SM387567948 DAILEY.SAMANT DNI cEUSAo AU.S.HGovernment, HAJA 387567948 =DAIDLEY.SAMANTHAJJ 387567948 Date: 2016.12.13 07:56:26-05'00' Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is Impracticable) OA Table 1.On-site Aquatic Resources identified within the Martin Dairy Mitigation Site Wildlands Engineering, Inc. SAW-2016-00874 Site Number Latitude (ON) Latitude (OW) Estimated Amount of Aquatic Resources in Review Review Area Class of Aquatic Resource Linear Feet Acres Martin Dairy Creek 36.124811 79.003791 Perennial 1,702 - non -section 10, non -wetland UT1 36.124074 79.003574 Perennial 138 - non -section 10, non -wetland Wetland A 36.121275 79.004516 Seep - 0.013 non -section 10, wetland Wetland B 36.122015 79.004170 Seep - 1.430 non -section 10, wetland Wetland C 36.124474 79.004046 Seep - 1.283 non -section 10, wetland Wetland D 36.121242 79.003963 Seep - 0.122 non -section 10, wetland Figure 3 Site Map PA, -to W I L D L A N D S 0 150 300 Feet Martin Dairy Mitigation Site ENGINEERING I i I Neuse 03020201 Orange County, NC WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: Martin Dairy City/County: Hillsborough/Orange Sampling Date: 5/19/2016 Applicant/Owner: Wildlands Engineering State: NC Sampling Point: wetiandA -Dpi Investigator(s): Win Taylor Section, Township, Range: Landform (hillslope, terrace, etc.): floodplain Local relief (concave, convex, none): concave Slope (%): <1 Subregion (LRR or MLR,,,. MLRA 136 Lat: N 36.121274 Long: W 79.004516 Datum: Soil Map Unit Name: Herndon Silt Loam (HrC) NWI classification: n/a Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation `� Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes 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 Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: Woody, mature vegetation absent within assessment area due to land maintained for hay production. Linear, ditch feature. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) ✓ Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (B1) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (65) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (B9) _ Microtopographic Relief (D4) Aquatic Fauna (613) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): 1 Water Table Present? Yes No Depth (inches): 0 - 12+ Saturation Present? Yes No Depth (inches): 0 - 12+ Wetland Hydrology Present? Yes ✓ No 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 — Interim Version VEGETATION (Four Strata) — Use scientific names of plants. Wetland A - DP1 Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: 2 (A) 2. Total Number of Dominant 3 Species Across All Strata: 2 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100 (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by 0 = Total Cover OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15' ) FACW species x 2 = 1 Fraxinus pennsylvanica 1 No FACW FAC species x 3 = 2. FACU species x 4 = 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 10. 4 - Morphological Adaptations' (Provide supporting 5' 1 = Total Cover _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) Problematic Hydrophytic Vegetation' (Explain) 1 Juncus effusus 40 Yes FACW — 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 2 Rhynchospora macrostachya 5 No OBL 3 Persicaria lapathifolia 5 No FACW q Mentha arvensis 2 No FACW Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of 5 Carex comosa 2 No OBL 6 7. height. 8. Sapling/Shrub — Woody plants, excluding vines, less 9. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 10. Herb — All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. Woody vine — All woody vines greater than 3.28 ft in 54 = Total Cover Woody Vine Stratum (Plot size: 30' ) height. 1 Toxicodendron radicans 5 Yes FAC 2. 3. 4. Hydrophytic 5 Vegetation 6. Present? Yes No 5 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version SOIL Wetland A - DP1 Sampling Point: 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' LoC2 Texture Remarks 0-2 2.5Y 4/2 100 Silt Loam 2-10 2.5Y 5/2 98 10YR 5/6 10-12 2.5Y 5/2 80 10YR 5/6 2 C PL Silt Loam 20 C PL Silt Loam 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 31ndicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) unless disturbed or problematic. Restrictive Layer (if observed): Tvr)e: Depth (inches): Remarks: Hydric Soil Present? Yes V No US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: Martin Dairy City/County: Hillsborough/Orange Sampling Date: 5/19/2016 Applicant/Owner: Wildlands Engineering State: NC Sampling Point: Wetland B-DP2 Investigator(s): Win Taylor Section, Township, Range: Landform (hillslope, terrace, etc.): floodplain Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLR,,,. MLRA 136 Lat: N 36.121473 Long: W 79.004301 Datum: Soil Map Unit Name: Herndon Silt Loam (HrC) NWI classification: n/a Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation `� Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes 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 Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: Woody, mature vegetation absent within assessment area due to land maintained for hay production. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (B1) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (65) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (B9) _ Microtopographic Relief (D4) Aquatic Fauna (613) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): 0.5 Water Table Present? Yes No Depth (inches): 0 - 12+ Saturation Present? Yes No Depth (inches): 0 - 12+ Wetland Hydrology Present? Yes ✓ No 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 — Interim Version VEGETATION (Four Strata) — Use scientific names of plants. Wetland B - DP2 Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: (A) 2. Total Number of Dominant 3 Species Across All Strata: (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by 0 = Total Cover OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15' ) FACW species x 2 = 1. FAC species x 3 = 2_ FACU species x 4 = 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 10. 4 - Morphological Adaptations' (Provide supporting 5' 0 = Total Cover _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) Problematic Hydrophytic Vegetation' (Explain) 1 Mentha arvensis 35 Yes FACW — 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 2 Rhynchospora macrostachya 10 No OBL 3 Juncus effusus 10 No FACW q Saururus cernuus 10 No OBL Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of 5 Carex comosa 5 No OBL 6 Vernonia noveboracensis 5 No FACW 7 Sambucus nigra 5 No FAC height. Sapling/Shrub — Woody plants, excluding vines, less 8 Persicaria lapathifolia 2 No FACW 9. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 10. Herb — All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. Woody vine — All woody vines greater than 3.28 ft in 82 = Total Cover Woody Vine Stratum (Plot size: 30' ) height. 1. 2. 3. 4. Hydrophytic 5 Vegetation 6. Present? Yes No 0 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version SOIL Wetland B - DP2 Sampling Point: 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' LoC2 Texture Remarks 0-2 2.5Y 4/2 100 Silt Loam 2-4 2.5Y 5/2 95 10YR 5/6 5 C PL Silt Loam 4-10 2.5Y 5/1 95 10YR 4/6 5 C PL Silt Loam 10-12 2.5Y 5/1 80 10YR 4/6 20 C PL Silt Loam 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 31ndicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Stripped Matrix (S6) unless disturbed or problematic. Restrictive Layer (if observed): Tvr)e: Depth (inches): Remarks: Hydric Soil Present? Yes V No US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: Martin Dairy City/County: Hillsborough/Orange Sampling Date: 5/19/2016 Applicant/Owner: Wildlands Engineering State: NC Sampling Point: Wetland c-DP3 Investigator(s): Win Taylor Section, Township, Range: Landform (hillslope, terrace, etc.): floodplain Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLR,,,. MLRA 136 Lat: N 36.125367 Long: W 79.004012 Datum: Soil Map Unit Name: Chewacla Loam (Ch) NWI classification: n/a Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation `� Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes 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 Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: Woody, mature vegetation absent within assessment area due to land maintained for hay production. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (B1) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (65) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (B9) _ Microtopographic Relief (D4) Aquatic Fauna (613) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No Depth (inches): 0 - 12+ Saturation Present? Yes No Depth (inches): 0 - 12+ Wetland Hydrology Present? Yes ✓ No 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 — Interim Version VEGETATION (Four Strata) — Use scientific names of plants. Wetland C - DP3 Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: (A) 2. Total Number of Dominant 3 Species Across All Strata: (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by 0 = Total Cover OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15' ) FACW species x 2 = 1. FAC species x 3 = 2_ FACU species x 4 = 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 10. 4 - Morphological Adaptations' (Provide supporting 5' 0 = Total Cover _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) Problematic Hydrophytic Vegetation' (Explain) 1 Mentha arvensis 60 Yes FACW — 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. a 2 Carex comosa 20 No OBL omeff 3 Juncus s 15 No FACW q Carex albolutescens 2 No FACW Definitions of Four Vegetation Strata: 5. Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of 6 7. height. 8. Sapling/Shrub — Woody plants, excluding vines, less 9. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 10. Herb — All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. 97 = Total Cover Woody vine — All woody vines greater than 3.28 ft in Woody Vine Stratum (Plot size: 30' ) height. 1. 2. 3. 4. Hydrophytic 5 Vegetation 6. Present? Yes No 0 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version SOIL Sampling Point: Wetland C - DP3 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' LoC2 Texture Remarks 0-4 2.5Y 5/1 95 10YR 5/6 5 C PL Loam 4-12 2.5Y 5/2 80 10YR 5/6 20 C PL Loam 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 31ndicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) 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 — Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: Martin Dairy City/County: Hillsborough/Orange Sampling Date: 7/28/2016 Applicant/Owner: Wildlands Engineering State: INC Sampling Point: Wetland D-DP5 Investigator(s): Win Taylor Section, Township, Range: Landform (hillslope, terrace, etc.): floodplain Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLR,,,. MLRA 136 Lat: IN36.121242 Long: W 79.003963 Datum: Soil Map Unit Name: Chewacla Loam (Ch) NWI classification: n/a Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation `� Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes 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 Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes ✓ No Remarks: Woody, mature vegetation absent within assessment area due to land maintained for hay production. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) ✓ Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (B1) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (65) Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (B9) _ Microtopographic Relief (D4) Aquatic Fauna (613) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): 10 - 12+ Wetland Hydrology Present? Yes ✓ No 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 — Interim Version VEGETATION (Four Strata) — Use scientific names of plants. Wetland D - DP5 Sampling Point: Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: (A) 2. Total Number of Dominant 3• Species Across All Strata: (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by: 0 = Total Cover OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15' ) FACW species x 2 = 1. FAC species x 3 = 2. FACU species x 4 = 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 10. 4 - Morphological Adaptations' (Provide supporting 5' 0 = Total Cover _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) Problematic Hydrophytic Vegetation' (Explain) 1 Murdannia keisak 30 Yes OBL — Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 2 Carex comosa 30 No OBL 3 Juncus effusus 15 No FACW q Cyperus haspan 10 No OBL Definitions of Four Vegetation Strata: 5. Tree —Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of 6 7. height. 8. Sapling/Shrub — Woody plants, excluding vines, less g. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 10. Herb — All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. Woody vine — All woody vines greater than 3.28 ft in 85 = Total Cover Woody Vine Stratum (Plot size: 30' ) height. 1. 2. 3. 4. Hydrophytic 5 Vegetation ✓ 6. Present? Yes No 0 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version SOIL Sampling Point: Wetland D - DP5 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' Locz Texture Remarks 0-4 10YR 5/1 98 10YR 5/6 2 C PL Loam 4-12 10YR 5/2 90 10YR 5/6 10 C PL Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Stratified Layers (A5) Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) 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 — Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: Martin Dairy City/County: Hillsborough/Orange Sampling Date: 5/19/2016 Applicant/Owner: Wildlands Engineering State: NC Sampling Point: Upland - DP4 Investigator(s): Win Taylor Section, Township, Range: Landform (hillslope, terrace, etc.): floodplain Local relief (concave, convex, none): none Slope (%): 0 Subregion (LRR or MLR,,,. MLRA 136 Lat: N 36.123472 Long: W 79.003959 Datum: Soil Map Unit Name: Chewacla Loam (Ch) NWI classification: n/a Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation `� Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes 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 Is the Sampled Area / Hydric Soil Present? Yes No within a Wetland? Yes Noy Wetland Hydrology Present? Yes No Remarks: Woody, mature vegetation absent within assessment area due to land maintained for hay production. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) _ True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (B1) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) Iron Deposits (65) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _ Shallow Aquitard (D3) Water -Stained Leaves (B9) _ Microtopographic Relief (D4) Aquatic Fauna (613) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): ✓ Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No 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 — Interim Version VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: Upland - DP4 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1. That Are OBL, FACW, or FAC: 0 (A) 2. Total Number of Dominant 3 Species Across All Strata: 1 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 0 (A/B) 6. Prevalence Index worksheet: 7 8 Total % Cover of: Multiply by 0 OBL species 0 x 1= 0 Sapling/Shrub Stratum (Plot size: 15' = Total Cover ) FACW species 0 x 2 = 0 1. FAC species 1 x 3 = 3 2_ FACU species 72 x 4 = 288 3. UPL species 5 x 5 = 25 4. Column Totals: 78 (A) 313 (B) 5. Prevalence Index = B/A = 4.0 6. Hydrophytic Vegetation Indicators: 7. 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 10. 4 - Morphological Adaptations' (Provide supporting 5' 0 = Total Cover _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) Problematic Hydrophytic Vegetation' (Explain) 1 Festuca arundinacea 60 Yes FACU — 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 2 Andropogon virginicus 10 No FACU 3 Plantago lanceolata 5 No UPL q Amaranthus spinosus 2 No FACU Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of 5 Rubus arvensis 1 No FA C 6 7. height. 8. Sapling/Shrub — Woody plants, excluding vines, less 9• than 3 in. DBH and greater than 3.28 ft (1 m) tall. 10. Herb — All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. 78 = Total Cover Woody vine — All woody vines greater than 3.28 ft in Woody Vine Stratum (Plot size: 30' ) height. 1. 2. 3. 4. Hydrophytic 5 Vegetation 6. Present? Yes No 0 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version SOIL Sampling Point: Upland - DP4 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' LoC2 Texture Remarks 0-6 10YR 4/4 100 Loam 6-12 10YR 4/3 100 Loam 'Type: C=Concentration, D=De letion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) Sandy Mucky Mineral (S1) (LRR N, _ Iron -Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 31ndicators of hydrophytic vegetation and Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) 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 — Interim Version Appendix 3 DWR Stream Identification Forms 1.0 DWR Stream Classification The results of the DWR Stream Classification Forms are listed in the table below. DWR forms can be found in this appendix and in the digital submission to DMS. DWR forms were completed by Wildlands for Martin Dairy and UT1. On April 5, 2016 a DWR representative came to the site and classified E1, an ephemeral reach, on the property and provided the total stream score to Wildlands. DWR noted that riparian buffer credit could be applied to this reach during design if so desired. Wildlands has not requested credit for buffer along this reach. Table 1: DWR Form Summary — Martin Dairy Mitigation Site Geomorphology Hydrology Biology Stream Total Score Score Score Score Martin Dairy 15 10.5 8.25 36.75 UTV 15.5 8 7.25 30.75 E1 Not provided Not provided t 14.5 prov 1. During the proposal stage for this project and at the time of the DWR stream classification UT1 was named UT2. This was changed in the mitigation plan when the former UT1 was not selected to be part of the project. The original data sheet is named UT2. Martin Dairy Mitigation Site Appendix 3 DMS ID No. 97087 Page 1 December 2016 NC DWQ Stream Identification Form Version 4,11 OPz Date: q/3�2015 Project/Site: rhn Latitude: '3e.1a761 n! Evaluator. f`p� County. (jr Longitude: ?, vokF g ,y Total Points: Stream is at Feast intermittent Stream Determination (circle one) Other if>_ 19 orperennial if? 30" b • 75 Ephemeral Intermittent � e.g. Quad Name: Martin D A. Geomorphology (Subtotal=f; _) Absent 0 Weak 1 Moderate I" Continuity of channel bed and bank 2. Sinuosity of channel along thalweg 0 1 2 3. In -channel structure: ex. riffle -pool, step -pool, 2 ripple -pool sequence 0 1 4. Particle size of stream substrate 0 1 5. Active/relict floodplain 0 2 2 6. Depositional bars or benches 0 2 7, Recent alluvial deposits 0 2 t . Headcuts ® 1 2 9. Grade control 0 0.5 (D 10. Natural valley 0 0.5 C 11. Second or greater order channel a No = 0 y artificial ditches are not rated; see discussions in manual 8. H drolo Subtotal = r 12. Presence of Baseflow 1 2 1r 0.5 EfronizEbacteria t Edebris0.5 Q 5dEatNho= 0 y, e5=3 Strong 0 3 3 3 3 3 1.5 1.5 11 3 0 1.5 1.5 NC DWQ Stream Identification Form Version 4.11 Date: Project/Site: Mr. � E 7 Latitude: Evaluator: J `Big frJ� County: �,u Longitude: 7 Total points: Stream intem3itZ 5 Determination (circle one) Eh Ephemeral Other � � � ren2least if>_ 19 orr erennial if >_ 30* l Intermittent Perennial e.g. Quad Name: A. GeomOr holo (Subtotal = l ' 13Continuity of channel bed and bank Weak 1 Moderate 22. Strong Sinuosity of channel along thalweg jAbsent 1 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool se uence 5 2 3 4. Particle size of stream substrate 0 Cl) 2 3 5. Active/relict floodplain 0 51 2 3 6, Depositional bars or benches 0 0 2 3 7. Recent alluvial deposits 0 dj 2 3 8. Headcuts 0 2 3 9. Grade control (� (01 0.5 1 1.5 10. Natural valley 11. Second or greater order channel 0 0.5 (�lo-=�i - (1) 1.5 Yes = 3 alulluIdr u€tumu die wi rated; see discussions in manual B. Hydrology (Subtotal = 2. 5 ) 12. Presence of Baseflow 0 O 2 3 13. Iron oxidizing bacteria c 1 2 3 14. Leaf litter 1.5 1 0 15. Sediment on plants or debris 0 1 1.5 16.Organic debris lines or piles 0 5' 1 1.5 17, Soil based evidence of high water table? o = Yes = 3 �.. D1010cty tauptOtal = ' 1 7 5 1B. Fibrous roots in streambed 32 1 0 19. Rooted upland plants in streambed 3 1 0 20. Macrobenthos (note diversity and abundance) b) 1 2 3 21. Aquatic Mollusks 00 1 2 3 22. Fish (0) 0.5 1 1.5 23, Crayfish (, 0.5 1 1.5 24. Amphibians 0) 0.5 1 1.5 25. Algae (0) 0.5 1 1.5 26. Wetland plants in streambed FACW W 0.75; OBL = 1.5 Other - 0 *perennial streams may also be identified using other mothods. See p. 35 of manual. Notes: Sketch: �y�, (' NC DWQ Stream Identification Form Version 4.11 Date: `14/1-vl S Project/Sito: Evaluator: YCount ,rr Y. Total Points: Stream is at least Intermittent Stream Determination (i if a19orperenniallf�:3w 30,7S Ephemeral Intermittent H. tjeomor noio (Subtotal = 1 a• Continuity of channel bed and ba 2. Sinuosity of channel along thalwe 3. In -channel structure: ex. riffle -pool ripple -pool se uence 4. Particle size of stream substrate 5. Activelrolict floodplain 6. Depositional bars or benches 7. Recent alluvial deposits 8. Neadcuts 9. Grade control 10. Natural valley 11. Second or greater order channel pp � Latitude- 3 , iZ`iGSS p) Longitude: 79. 00 Vi t Gd Other UT2 e.g. Quad Name: _) q .5 ) nk 9 step -pool, Absent 0 0 0 0 0 J 0 0 No=O Weak 1 1 .1 1 Q 1 1 1 .5 0.5 Moderate 2 2 2 2 2 2 1 J lYbs= Strong 3 3 3 3 3 3 1.5 1.5 a �cia tchos are not rated, see d�scussRons in manual B. Hydrologv (Subtotal ' 12. Presence of Baseflow 0 13. iron oxidizing bacteria 0 3 14. Leaf litter 1.5 ='Ps 3 0 15. Sediment on plants or debris 0 1.5 16. Organic debris lines or piles `01 17. Soil -based evidence of high water table? No 5 C. Biology Subtotal = 7 ,z _ 18. Fibrous roots in streambed 32} 1 19. Rooted upland plants in streambed 2 1 p 20. Macrobenthos (note diversity and abundance) �� 1 2 0 21. Aquatic Mollusks f 1 2 3 22. Fish 0.5 3 23. Crayfish 0 1 1.5 24. Amphibians 0 1 1.5 25. Algae 0 26. Wetland plants in streambed ACW 0,7 OBL 1.5 Other = 0 'perennial streams may also be identified using other methods, See p. 35 of manual_ Notes: Sketch: Water Resources ENVIRONMENTAL ❑VALITV April 15, 2016 John Hutton Wildlands Holdings I1, LLC 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 (via electronic mail) PAT MCCRQRY Grrrenrnr DONALD R. VAN DER VAART Serremn S. JAY ZIMMERMAN D7reciw DWR Project #: 2016-0366 Re: Site Viability for Buffer Mitigation & Nutrient Offset — Martin Dairy Creek Located on Schley Rd across from Martin Hill Ln, Hillsborough, NC Orange County Dear John, On April 5, 2016, Katie Merritt, with the Division of Water Resources (DWR), assisted you and others from Wildlands Engineering Inc. at the proposed Martin Dairy Mitigation Site {Site} in Hillsborough, NC. The Site is located in the Upper Falls Watershed for the Neuse River Basin within the S-digit Hydrologic Unit Code 03020201. The Site is being proposed as part of a full - delivery stream restoration project for the Division of Mitigation Services (RFP #16-006477). The Interagency Review Team (IRT) was also present onsite. At your request, Ms. Merritt, performed a site assessment of the two features onsite, which are more accurately shown in the attached aerial signed by Ms. Merritt on April 15, 2016. If approved, mitigating this site could provide stream mitigation credits, riparian buffer credits and/or nutrient offset credits. Ms. Merritt's evaluation of the features for buffer and nutrient offset mitigation pursuant to Rule 15A NCAC 02B .0295 (effective November 1, 2015) and Rule 15A NCAC 02B .0240 is provided below: Martin Dairy Creek and UT2 o Features are streams. Land use within the riparian areas (0 to +/- 200') adjacent to both sides of the streams comprise of managed fescue. ■ The riparian areas along the streams are viable for riparian restoration and suitable for buffer mitigation only. • Stream restoration is proposed on these streams. Therefore, riparian restoration efforts shall occur in conjunction with the stream restoration and not before. ■ For nutrient offset viability to be determined, the landowner must provide proof in writing that the land is being used for agriculture or has been used for agriculture previously. Dates supported by photos or other written records must be included to document any uses of the land not observed during the site visit on April 5, 2016. 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 91M07-63001 FAR: 919-807-6494 Internet: www.ncwaterquality.org Martin Dairy Creek April 15, 2016 Page 2 of 2 Ephemeral Reach • The feature is a modified natural channel located within a topographic crenulation indicative of a natural drainage on the 1:24,000 quad topographic map prepared by the U.S. Geologic Survey. Ms. Merritt rated the channel using the NC DWR Stream Identification Form Version 4.11. The rating she received on the fora was a 14.5; Therefore, the feature is ephemeral. • Land use within the riparian areas (0 to +/- 200') adjacent to both sides of the streams comprise of managed fescue. • The riparian areas along the streams are viable for riparian restoration and suitable for buffer mitigation only. ■ For nutrient offset viability to be determined, the landowner must provide proof in writing that the land is being used for agriculture or has been used for agriculture previously. Dates, supported by photos or other written records, must be included to document any uses of the land not observed during the site visit on April 5, 2016. Maps showing the project site and the features are provided and signed by Ms. Merritt on April 15, 2016. This letter should be provided in all future mitigation plans for this Site. In addition, all vegetative plantings, performance criteria and mitigation requirements for riparian restoration must following the requirements in 15A NCAC 02B .0295 to be eligible for buffer and nutrient offset credits. For any areas depicted as not being viable for nutrient offset credit, one could propose a different measure other than riparian restoration, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset according to 15A NCAC 02B .0240. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch K H/k-na Attachments: Site Aerial Map and Topographic Map cc:File Copy (Katie Merritt) ❑MS — Jeff Schaffer (via electronic mail) ter. r� Project Site —Proposed Conservation Easement Powerline (Based on GPS data) Powerline Relocation Stream Restoration coP�,Goue G h�rch.R�. �!PS ■ t' . Figure 71 Concept Map - Option 2 W I L D L A N D S Martin hairy Mitigation Site E N G! N E £RING d 300 Feet Neuse River Basin 03020201 Ile Orange County, NC Y, Mimi J Project Site • y ,� 1 ® Proposed Conservation Easement -x IM •1 lria�a[.iriwiwlwii 1 ��i . .♦- r � i �•- Lam_ �,r[in.[.i=, .[ r 4�� _ , �. l Irk i H►71sborough and Caldwell, USGS 7.5. ` ` topographic quadra les ' � 0 Figure 4 Topographic Map W I L D L A N D S Martin Dairy Mitigation Site E N 01 N EL R I N G 0 800 Feet Neuse River Basin 03020201 Dronge County, NC Appendix 4 Data, Analysis, Supplementary Information, Figures, and Maps Appendix 4 Table of Contents 1. Figures a. Vicinity Map b. Site Map c. Watershed Map d. LIDAR Map e. Soils Map f. Existing Conditions Map g. FEMA Map h. Concept Design Map i. Reference Reach Vicinity Map j. Discharge Analysis k. Riparian Buffer Concept Map I. Monitoring Components Map 2. Historic Aerial Photographs 3. Existing Conditions Photographs 4. Existing Geomorphology Data 5. Proposed Geomorphology Data. 6. Nutrient Loading 10 - Project Location County Boundary H drolo Ic Unit Code (14 Digit) ) Water Supply Watershed Targeted Local Watershed Significant Natural Heritage Areas NC Natural Heritage Program Managed Areas NC Historic Preservation Areas 303d Listed Streams © Airports i 03020201020020 020 01030010 Orange County Open Space 03020201020010 Little River (Orange/Durham) Aquatic Habitat Triangle Lai Conservanc ,���� �► Forrest Creek Preserve Beaver Pond � ti 030?0201030030 03020201030020 Space kbWILDLAND S ENGINEERING CMarys Road H.istgrtq f3iStrict .:: I . . Eno River/Cates Ford Slopes and Uplands 1 1 •� 1 1 03030002060110 10302020101( l 03020201010030 i 030220101005 J �� yy r—LJLittle River Uplands C03020201020040 ` 03020201020030 r ' 4 L f +r� 03020201030040 1 1 —%, .1 r03020201 1 I rl j y-0302020105001 a Figure 1 Vicinity Map Martin Dairy Mitigation Site 0 2.5 Miles Neuse River Basin 03020201 Orange County, NC r l Ulm' . I . 104. I .AJI&. ! . .I .I`�I�If�. . . f..l.I.l.I.I..1 I ORION I.1. I. Project Location j Proposed Conservation Easement Powerline Easement Powerlines Project Streams Ephemeral Streams Perennial Streams Reach Break r sa Figure 2 Site Map tzWILD LAND 5 0 300 Feet Martin Dairy Mitigation Site ENGINEERING I i I I I Neuse River Basin 03020201 Orange County, NC Figure 3 Watershed Map Martin Dairy Mitigation Site WIIaDLANDS 0 500 1,000 1,500 2,000 Feet Neuse River Basin 03020201 ENGINEERING I I I I I I I I Orange County, NC wlft-,WILDLANDS ENGINEERING Figure 4 LIDAR Map Martin Dairy Mitigation Site 0 1,000 Feet Neuse River Basin 03020201 I I I I I Orange County, NC WILDLANDS ENGINEERING _,_y Proposed Conservation Easement Internal Easement - Ch- Chewacla loam C H�B J - HrB- Herndon silt loam, 2-6% slopes •�� - HrC- Herndon silt loam, 6-10% slopes '_ 0 TaD-Tatum silt loam, 8-15%slopes Project Streams H� Ephemeral Streams i Perennial Streams 1 1 r 1 � : i i i i i H rC 0 300 Feet I I I r� Figure 5 Soils Map Martin Dairy Mitigation Site Neuse River Basin 03020201 Orange County, NC Figure 6 Existing Conditions Map WILDLAN D S 0 300 Feet Martin Dairy Mitigation Site ENGINEERING I i i i I Neuse River Basin 03020201 Orange County, NC Figure 7 FEMA Map WILDLANDS 0 300 Feet Martin Dairy Mitigation Site ENGINEERING I I I I I Neuse River Basin 03020201 Orange County, NC L,— 1 Project Location JE I .- P., rProposed Conservation Easement L Internal Easement Powerline Easement Powerlines Stream Restoration Ephemeral Streams Perennial Streams II � II 1 II � - 11 ' 11 � __ it 11 j II 1 11 j I, Hill Ln 11 j ,,tin II j •. 11 11 j , 11� I 11 � II II �� II �i.ia.ill II - ■ II r It 1 � r � 1 ■ 1 � 1 1 1 1 Figure 8 Concept Design Map WILDLAN D S 0 300 Feet Martin Dairy Mitigation Site ENGINEERING ����� Neuse River Basin 03020201 Orange County, NC .+u un W f/[ ' ti �� 4 �. r Ln�i t ♦ ti Tti Xr 1 VLh - ^ Martin Dairy Mitigation Site 2;s�sR r % I Reference Reach 1 A1kGi:l-EIdE3tJ -3•+ •-I+-- fITTLVAIA r „r` �. Ir 5I ,` HALiFAx •�8 � N 1 � _`f 1 j` �� I r ++ { -MartinsvilleR�crr•r [ . I'A'IRIC - I f *.'i.•"r. �� 1 — } Danville' �— _ V]'RCa1N1A + ^� C� _ i Rtsrmuir yJPa9 — I :NORTH CAR OU NA l/r 1FTvrn I'kf2S4�h{ ' r _ 1 I - + Lake I Ia1c. kTf1f.7TAN1 1 CAMVELL I r 888 R , + I .RAI Agony Acres On -Site Reference Reach (UT1-Reach 3) Martin'Dairy Mitigation Site ORANU Burlington Insb>u r t —Greensboro I I + f 4p UT to Varnals Creek Reference Reach I ,..,,it Long Branch Reference Reach f--rf -- KAIJ1 i-1.11E - Foust Creek Reference Reach �, .tAhk ,,.. UT, to Polecat Creek Reference Reach u.3r, `'■ ; ssrrrWAKE r2 +f Raleicih Asheboro x ] CI-1 ATN Salisbury B Errrcfr r Altit JurilA fI •! r r µ ' I rr - Lake :L? +I' _ - _ - _ _ _ - - Spencer Creek Reach 2 Reference Reachl r r ConcordAlbemarleLu kir. i11DIVTCDRIEK1469ft +.AHARRU5 +r+ Forme'rre ifft /TT,," vimrroli, r r FUnrrati rt ti Fay.ettevllle IIIlfljll TA— 526R+ �� HtxCE CUMPFRI.Al t , ANSON r4 • w irz I : Rockingham SCOTl.ATIll, z. 1 „rir� r r WILDLANDS ENGINEERING Figure 9 Reference Reach Vicinity Map Martin Dairy Mitigation Site 0 10 20 30 Miles Neuse River Basin 03020201 I I I I I I I Orange County, NC Martin Dairy Design Discharge Plot 1000 - 100 V N al L t 10 - -171mm R'=0.9069 son UVA 0.1 1 10 Drainage Area (square miles) • Rural Data — — — Rural Upper 95% Limit — — — Rural Lower 95% Limit • Reference Reaches - USGS Rural Piedmont 1.2-yr Predictions x Reference Reach Curve • Design Discharges • Alan Walker Curve Power (Rural Data) Power (Reference Reach Curve) Power (Alan Walker Curve) �■■ii111 ..��■■��Ili ir_r_r_r_r_r.�rr����r_•��r_r_r_r_r. WILDLANDS ENGINEERING Figure 10 Discharge Analysis Martin Dairy Mitigation Site Neuse River Basin 03020201 Orange County, NC 0 I.. m� Project Location 'Proposed Conservation Easement r � 1 y Internal Easement A Stream Restoration (0.9 acres) �. ♦ ♦�-11 y. ", ` *era ♦ ♦ .! 1 �'' 1 ♦ i j 1JLrr.��;� 1 1 r ' WILDLANDS ENGINEERING 0 300 Feet II I I I II Buffer Restoration - TOB - 100' (8.4 acres) Buffer Restoration - 101'-200' (0.5 acres) Ephemeral Streams Perennial Streams •Y � �.� fJx� � - _ Figure 11 Riparian Buffer Concept Map Martin Dairy Mitigation Site Neuse River Basin 03020201 Orange County, NC e J R ■ +r 1 1 1 1 1 1 1 1 1 L,— 1 Project Location �rProposed Conservation Easement Internal Easement Powerline Easement Powerlines Stream Restoration Ephemeral Streams Perennial Streams Proposed Cross Section ❑ Proposed Vegetation Plot Proposed Photo Point 0 Proposed Crest Gage/Tranducer r 1w Figure 12 Monitoring Components Map WILD LAND 5 0 300 Feet Martin Dairy Mitigation Site ENGINEERING i I I I i Neuse River Basin 03020201 Orange County, NC 1 1 AIMi r - k 1. 4 D? I cz YEAR: 1955 tN Martin Dairy Mitigation Site 0 YEAR: 1966 tN Martin Dairy Mitigation Site up 3 OW Martin Dairy Reach 1 and UT1 Martin Dairy Reach 2 Martin Dairy Mitigation Site DMS ID No. 97087 Martin Dairy Reach 2 and Riparian Wetlands UT1 Martin Dairy Mitigation Site DMS ID No. 97087 Existing Conditions Geomorphic Parameters Martin Dairy R1 Martin Dairy R2 UT1 Parameter Notation Units min I max min F max min I max stream type C4/E4 C4/E4 C4/E4 drainage area DA sq mi 0.54 0.82 0.22 bankfull cross Abkf SF 10 16.1 5.7 sectional area avg velocity during bankfull Vbkf fps 5 3.8 4.7 event width at wbkf feet 8.6 14.0 5.7 bankfull maximum depth dmax feet 2.1 2.4 1.4 at bankfull mean depth at dbkf feet 1.2 1.2 1.0 bankfull bankfull width w bkf/dbkf 7.3 12.2 5.7 to depth ratio low bank height feet 3.3 3.4 3.0 bank height BHR 1.5 1.4 2.1 ratio floodprone area Wfpa feet 121.4 200+ 12.7 width entrenchment ER 14.2 14.3+ 2.2 ratio max pool depth dp°°I feet 2.7 3.5 2.0 at bankfull pool depth ratio dpool/dbkf 2.3 2.9 2.0 pool width at Nodfeet 13.7 10.9 8.7 bankfull pool width ratio wpool/wbkf 1.6 0.8 1.5 Bkf pool cross Apool SF 18.9 22.8 6.7 sectional area pool area ratio Apool/Abkf 1.9 1.4 1.2 pool -pool P-P feet 16.0 91.0 22.0 108.0 27.0 44.0 pacing pool -pool p p/Wbkf 1.9 10.6 1.6 7.7 4.7 7.7 spacing ratio valley slope Svalley feet/ foot 0.0080 0.0078 0.0181 channel slope' Schannel feet/ foot 0.0090 0.0070 0.0160 sinuosity K 1.05 1.09 1.05 belt width wblt feet 15.0 20.0 17.0 28.0 9.0 19.0 meander width wblf/wbkf 1.7 2.3 1.2 2.0 1.6 3.3 ratio meander length Lm feet 46.0 74.0 46.0 114.0 35.0 47.0 meander length Lm/wbkf 5.3 8.6 3.3 8.1 6.1 8.2 ratio Linear LW 43.0 63.0 45.0 107.0 35.0 40.0 Wavelength Linear LW/wbkf 5.0 7.3 3.2 7.6 6.1 7.0 Wavelength radius of R feet 11.0 32.0 7.0 46.0 4.0 13.0 curvature radius of Rc/ Wbkf 1.3 3.7 0.5 3.3 0.7 2.3 curvature ratio 1. Channel slope is steeper than valley slope on Martin Dairy Reach 1 as a result of active incision Martin Dairy Mitigation Site DIMS ID No. 97087 Martin Dairy Reach 1 XS1 - Riffle 100 98 Z 96 c Z 94 m a) w 92 90 ! i i i i i i i i I� 0 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190 200 Width (ft) Bankfull Dimensions 100 99 c 98 0 > 97 a� w 96 95 Flood Dimensions 10.0 x-section area (ft.sq.) 121.4 W flood prone area (ft) 8.6 width (ft) 14.2 entrenchment ratio 1.2 mean depth (ft) 3.3 low bank height (ft) 2.1 max depth (ft) 1.5 low bank height ratio 9.9 wetted parimeter (ft) 1.0 hydraulic radius (ft) 7.3 width -depth ratio 0 5 10 15 Bankfull Dimensions 18.9 x-section area (ft.sq.) 13.7 width (ft) 1.4 mean depth (ft) 2.7 max depth (ft) 15.1 wetted parimeter (ft) 1.3 hyd radi (ft) 9.9 width -depth ratio Martin Dairy Mitigation Site DMS ID No. 97087 XS2 - Pool Materials 11 D50 Riffle (mm) 33 D84 Riffle (mm) 37 threshold grain size (mm): 20 25 30 35 40 45 Width Flood Dimensions - W flood prone area (ft) - entrenchment ratio 3.9 low bank height (ft) 1.5 low bank height ratio Martin Dairy Reach 2 XS3 - Riffle MA 41 95 S c 94 0 93 m w 92 4 0 10 20 30 40 50 60 Width (ft) Bankfull Dimensions Flood Dimensions Materials 16.1 x-section area (ft.sq.) 200.0 W flood prone area (ft) 11 D50 Riffle (mm) 14.0 width (ft) 14.3 entrenchment ratio 33 D84 Riffle (mm) 1.2 mean depth (ft) 3.4 low bank height (ft) 22 threshold grain size (mm): 2.4 max depth (ft) 1.4 low bank height ratio 15.2 wetted parimeter (ft) 1.1 hydraulic radius (ft) 12.2 width -depth ratio XS4 - Pool 100 ----- -- ---- --------------------- 99 c 98 0 coca 97 a� w 96 95 0 5 10 15 20 25 30 Width Bankfull Dimensions Flood Dimensions 22.8 x-section area (ft.sq.) - W flood prone area (ft) 10.9 width (ft) - entrenchment ratio 2.1 mean depth (ft) 4.2 low bank height (ft) 3.5 max depth (ft) 1.2 low bank height ratio 14.8 wetted parimeter (ft) 1.5 hyd radi (ft) 5.2 width -depth ratio Martin Dairy Mitigation Site DMS ID No. 97087 UT1 XS5 - Riffle 98 96 0 94 .6 w 92 90 0 10 20 30 40 50 Width (ft) Bankfull Dimensions Flood Dimensions Materials 5.7 x-section area (ft.sq.) 12.7 W flood prone area (ft) 11 D50 Riffle (mm) 5.7 width (ft) 2.2 entrenchment ratio 33 D84 Riffle (mm) 1.0 mean depth (ft) 3.0 low bank height (ft) 37 threshold grain size (mm): 1.4 max depth (ft) 2.1 low bank height ratio 6.8 wetted parimeter (ft) 0.8 hydraulic radius (ft) 5.7 width -depth ratio XS6 - Pool 100 99 98 c 97 0 -CO 96 w 95 94 93 0 5 10 15 20 25 30 35 40 45 Width Bankfull Dimensions Flood Dimensions 6.7 x-section area (ft.sq.) - W flood prone area (ft) 8.7 width (ft) - entrenchment ratio 0.8 mean depth (ft) 4.1 low bank height (ft) 2.0 max depth (ft) 2.1 low bank height ratio 10.7 wetted parimeter (ft) 0.6 hyd radi (ft) 11.2 width -depth ratio Martin Dairy Mitigation Site DMS ID No. 97087 Riffle Surface Pebble Count, Martin R1, XS1 100% 90% 80% CU 70% a) 60% c 50% a� 40% 0_ 30% 20% 10% 0% cumulative % OIILI%'IQ JQI IU IQVVI I,ULJLJIG VVUIUUI I I I I I I I I I I I I I 0.01 0.1 Martin Dairy Mitigation Site DMS ID No. 97087 1 10 100 particle size (mm) Size (mm) Type D16 0.13 silt/clay 16% D35 1.3 sand 28% D50 2.6 gravel 55% D65 4.6 cobble 1 % D84 7.7 boulder 0% D95 11 18 16 14 12 3 10 m 0 8 v m Cn 4 2 0 1000 10000 Riffle Surface Pebble Count, Martin Dairy R2, XS3 cumulative % 100% OIILI%,Ioy I Oahu iavci k.,uvvic vuuiuci 90% — — — — — — — — — — --- — 80 I CU 70% I a) 60% � I 50% — — — — — — — — — — — —— P; Q 40% 30% 20% 10% 0% 0.01 0.1 Martin Dairy Mitigation Site DMS ID No. 97087 1 10 100 particle size (mm) Size (mm) Type D16 2.4 silt/clay 2% D35 8.1 sand 13% D50 11 gravel 84% D65 15 cobble 1 % D84 33 boulder 0% D95 54 20 18 16 14 12 10 8 6 4 2 0 1000 10000 3 0- m 0 v m Cn Riffle Surface Pebble Count, UT1, XS5 100% 90% 80% 70% 60% c 50% a� 40% 30% 20% 10% 0% —cumulative % ZSIIL/L;Idy I sanu I Y ravel Uuuuie uuuiuei ____t ------- Lj/� 0.01 0.1 1 10 100 particle size (mm) Size (mm) Type D16 0.48 silt/clay 2% D35 3 sand 26% D50 5.1 gravel 72% D65 6.7 cobble 0% D84 8.9 boulder 0% D95 13 Martin Dairy Mitigation Site DMS ID No. 97087 30 25 20 07 cD 15 0 v 10 0 m 0 5 0 1000 10000 Weighted pebble count by bed features , Martin Dairy Reachwide 50% riffle 50% pool tweighted percent — Riffle Pool Run t Glide # of particles 100% 90% 80% cc 70% 60% c 50% c L) 40% a� n 30% 20% 10% 0% 18% 16% 14% CD. cQ 12% C 0- 10% m 0 8% cD 0 6% v 4% m Cn 2% v 0% 0.01 0.1 1 10 100 1000 10000 CD particle size (mm) Size (mm) Type D16 0.062 silt/clay 16% D35 4.2 sand 16% D50 8.3 gravel 64% D65 14 cobble 4% D84 31 boulder 0% D95 61 Martin Dairy Mitigation Site DMS ID No. 97087 Proposed Geomorphic Parameters Notation Units Martin Dairy R1 Martin Dairy R2 UT1 Typical Section Values Min Max Typical Section Values Min Max Typical Section Values Min Max stream type C4/E4 C4/E4 C4/E4 drainage area DA sq mi 0.54 0.82 0.22 design discharge Q cfs 47 63 24.0 bankfull cross- sectional area AbkP sF 16.8 20 6.7 average velocity during bankfull event vbkf fps 2.8 3.2 3.6 Cross -Section width at bankfull vbkf feet 15 16.2 9.4 maximum depth at bankfull cl- feet - 1.3 1.7 1.4 1.8 - 0.8 1.3 mean depth at bankfull dbkf feet 1.1 1.2 0.7 bankfull width to depth ratio wbkf/dbkf 13.4 13.2 13.2 max depth ratio dma)dbkf feet - 1.2 1.5 - 1.2 1.5 - 1.2 1.8 bank height ratio BHR 1.0 1.0 1.0 1.0 1.0 1.0 floodprone area width wfpa feet 33 75 36 81 21 47 entrenchment ratio ER 2.2 5.0 2.2 5.0 2.2 5.0 Slope valley slope Syailey feet/foot 0.0080 0.0078 0.0136 channel slope SehnI feet/foot 0.0048 0.0052 0.0053 0.0057 0.005 0.006 Profile riffle slope Sr;fffe feet/foot 0.006 0.018 0.006 0.019 0.006 0.024 riffle slope ratio Snffie/Seh,i 1.2 3.4 1.2 3.4 1.2 4 pool slope Sp feet/foot 0.000 0.003 0.000 0.003 0.000 0.002 pool slope ratio SP/Sehni 0.00 0.50 0.00 0.50 0.00 0.40 pool -to -pool spacing LP-P feet 60 105 64.8 113.4 37.6 56.4 pool spacing ratio Lp_p/wbkf 4 7 4 7 4.0 6.0 pool cross -sectional area A Pool SF 18.5 33.6 22.0 40.0 7.4 13.4 pool area ratio Apool/Abkf 1.1 2 1.1 2 1.1 2.0 maximum pool depth dpool feet 1.3 3.3 1.4 3.6 0.8 2.2 pool depth ratio dpool/dbkf 1.2 j 3.0 j 1.2 j 3.0 j 1.2 3.1 pool width at bankfull wpool feet 15 24 16.2 25.9 9.4 14.1 pool width ratio wpool/wbkf 1.0 1.6 1.0 1.6 1.0 1.5 Pattern sinuosity K 1.25 1.28 1.14 belt width wblt feet 36 75 38.9 81 22.6 65.8 meander width ratio wbit/wbkf 2.4 5 2.4 5 2.4 7 linear wavelength (formerly meander length) LW feet 60 165 64.8 178.2 47 141 linear wavelength ratio (formerly meander length ratio LW/wbkf 4.0 11.0 4.0 11.0 5.0 15.0 meander length Lm feet 60 225 64.8 243 56.4 155.1 meander length ratio Lm/Wbkf 4.0 15.0 4.0 15.0 6.0 16.5 radius ofcurvature Re feet 27.0 75.0 29.2 81.0 16.9 51.7 radius ofcurvature ratio R w J bkf 1.8 5.0 1.8 5.0 1.8 5.5 Martin Dairy Mitigation Site DMS ID No. 97087 Reference Reach Geomorphic Parameters Martin Dairy Reference UT1 Reference Agony On -site Reference Long Branch Spencer Creek 2 Foust Creek UT to Polecat Creek UT to Varnals Creek Notation Units Reach - UTl - Reach 3 min max min I max min I max min I max Min I Max min max stream type C/E4 E4 C4 E4 C4/E4 E4 drainage area DA sq mi 1.49 0.96 1.38 0.41 0.41 0.30 design discharge Q cfs 101 124 97 88 20 54.0 25 bankfull cross - AbuSF 25 34.6 17.8 19.7 23.9 24.1 5.4 12.4 10.3 12.3 30.7 11.3 sectional area average velocity during bankfull vbkf fps 3.6 4 4.9 5.4 2.9 3.7 2.2 3.5 4.4 5.2 2.2 2.4 event Cross -Section width at bankfull Wbkf feet 14.8 18.6 10.7 11.2 18.5 19.4 5.3 10.9 9.3 10.5 9.1 10.4 maximum depth dmax feet 1.9 2.9 2.1 2.6 1.8 2.1 1.4 1.7 1.5 1.7 1.8 at bankfull mean depth at dbkf feet 1.3 2.1 1.6 1.8 1.3 1.4 1.0 1.1 1.1 1.2 1.0 1.2 bankfull bankfull width to wbkf/bkf d 7.9 13.8 5.8 7.1 13.9 14.2 5.2 9.6 8.1 9.3 7.3 10.1 depth ratio depth ratio d_/dbkf feet 1.4 1.5 1.3 1 1.4 1.4 1.5 1.4 1.7 1.4 1.4 1.8 bank height ratio BHR 1.2 1.5 1.0 1.0 1.0 1.1 1.0 1.0 floodprone area Wfpa feet >50 60 >114 49 63 25 65 60 100 >36 width entrenchment ER >3.4 5.5 >10.2 2.6 3.4 3.2 8.3 5.7 10.0 >3.9 ratio Slope valley slope S�Aley feet/foot 0.006 0.0109 0.0095 0.017 0.0200 0.010 0.034 channel slope Sehni feet/foot 0.004 0.0047 0.0090 0.012 0.0170 0.0039 0.028 Profile riffle slope Sr;ffie feet/foot 0.013 0.012 0.013 0.015 0.035 0.004 0.047 0.024 0.057 N/A N/A riffle slope ratio SWI./S6M 3.3 3 2.8 1.7 3.9 0.3 4 4.2 10.0 N/A N/A pool slope S feet/foot 0.0003 0.003 0.0007 0.0009 0.0008 0.0034 0.017 0.000 0.015 N/A N/A pool slope ratio So/Seb„ 1 0.1 0.8 0.15 0.19 0.09 0.38 1.4 0.00 2.63 N/A N/A pool -to -pool s acin Lp.p feet 50 105 71 49 91 34 52 8 82 N/A N/A pool spacing Lrrp/Wbkf 3.4 7.1 63 6.6 2.6 4.7 0.3 3.2 0.5 5.6 N/A N/A ratio pool cross- Apw SF 25.5 33.4 24.5 29.2 34.9 9.3 22.0 22.7 14.5 sectional area pool area ratio Aprq/Abkf 1 1.3 1.2 1.4 1.2 1.4 0.8 1.1 1.8 1.9 1.3 maximum pool dpw feet 2.2 3.3 2.5 2.9 1.8 2.5 2.6 2.5 depth pool depth ratio dp_i/dbkf 0.8 1.2 1.8 1 2.0 1.9 2.1 1.6 1.8 3.0 3.1 2.3 pool width at W'I feet 16.2 18.8 17.5 15.3 20.5 8 15.1 18.6 9.4 bankfull pool width ratio wpoc,/Wbkf 0.9 1.3 1.6 0.8 1.1 0.7 1.5 1.0 1.3 1.0 Pattern sinuosity K 1.3 2.3 1.1 1.4 1.20 1.35 beltwidth Wbif feet 60 38 41 - - 28 50 15 45 21 93 meanderwidth Wbk/wbkf 3.2 4.1 3.4 3.6 - - 3.0 5.3 1.0 3.0 2.3 8.9 ratio linear wavelength Lm feet 66 191 46 48 - - 56 85 16 47 121 171 (formerly meander length) linear wavelength ratio (formerly Lm/Wbkf 4.5 10.3 4.1 4.4 - - 6.0 9.0 1.1 3.2 13.3 16.4 meander length ratio) meander length feet --- --- -- -- - - -- meander length ratio radius of Re feet 16 87 11 15 - - 19 50 8 47 14 60 curvature radius of Rc/ Wbkf 1.1 4.7 1.3 1.4 - - 2.0 5.3 0.6 3.2 1.5 5.8 curvature ratio Particle Size Distribution from Reach -wide Pebble Count d5o Description Medium Gravel dis mm <0.063 0.095 das mm 3 0.4 d5o mm 8.8 8 d� mm 42 87 dss mm 90 150 di. mm I I I I I 1 1 256 Martin Dairy Mitigation Site DIMS ID No. 97087 Martin Dairy Mitigation Site Pre-Proiect Nutrient Loading Estimate (Option 21 (1) (2) (3) (4) (5) (6) (7) Type of Land Cover Easement S.M. Formula Average EMC of TN Column Average EMC of TP Column Acreage (0.46 + 8.31) (mg/L) (2) * (3) * (4) (mg/L) (2) * (3) * (6) Transportation impervious 0.00 0.46 2.60 0.00 0.19 0.00 Roof impervious 0.00 0.46 1.95 0.00 0.11 0.00 Managed pervious (lawn/landscape) 0.00 0.46 1.42 0.00 0.28 0.00 Managed pervious (cropland) 0.00 0.46 4.25 0.00 1.23 0.00 Managed pervious (pasture) 10.52 0.46 2.04 9.87 0.62 3.00 Wooded pervious 0.00 0.46 0.94 0.00 0.14 0.00 Area taken up by BMP 0.00 0.46 1.95 0.00 0.11 0.00 Fraction Impervious (1) = 0.00 TN Load (lb/yr) = 9.87 TP Load (lb/yr) = 3.00 Total Project Area = 10.52 TN Export 0.94 TP Export 0.29 (lb/ac/yr) _ (lb/ac/yr) _ Post-Proiect Nutrient Loading Estimate (Option 21 (1) (2) (3) (4) (5) (6) (7) Type of Land Cover Easement S.M. Formula Average EMC of TN Column Average EMC of TP Column Acreage (0.46 + 8.31) (mg/L) (2) * (3) * (4) (mg/L) (2) * (3) * (6) Transportation impervious 0.00 0.46 2.60 0.00 0.19 0.00 Roof impervious 0.00 0.46 1.95 0.00 0.11 0.00 Managed pervious (lawn/landscape) 0.00 0.46 1.42 0.00 0.28 0.00 Managed pervious 0.00 0.46 4.25 0.00 1.23 0.00 (cropland) Managed pervious 0.18 0.46 2.04 0.17 0.62 0.05 (pasture) Wooded pervious 10.12 0.46 0.94 4.38 0.14 0.65 Area taken up by BMP 0.00 0.46 1.95 0.00 0.11 0.00 Fraction Impervious (1) = 0.00 TN Load (lb/yr) = 4.54 TP Load (lb/yr) = 0.70 Total Project Area = 10.30 TN Export 0.44 TP Export 0.07 (lb/ac/yr) _ (lb/ac/yr) _ Nutrient Loading Reduction Summary (Option 2) TN (lb/yr) TP (lb/yr) Pre -Project 9.87 3.00 Post -Project 4.54 0.70 % Reduction 54% 77% Note: Project Area varies from Existing to Proposed based on the change in area attributed to the stream from top of bank to top of bank Martin Dairy Mitigation Site DMS ID No. 97087 Appendix 5 Approved FHWA Categorical Exclusion Form Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Pro�e[:t Name: ProjectPart 1: General Information Martin Dairy Mitigation Site C o u nti-ia_ me: Orange County E.—EP umber: 97087 �PLoject Sponsor: Wildlands Engineering, Inc -project Contact Name: Andrea S. Eckardt Proiect Contact Address: 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Pro`ect Contact E-mall: aeCklmt�wildiandseng.com EEP Project Mann er: Jeff Schaffer e Martin Dairy Mitigation Site is a stream mitigation project located in Orange County, NC. The project is located two unnamed tributaries to Buckwater Creek approximately eight miles northeast of Hillsborough, NC and eight es south of Caldwell, NC. The project site was previously an active dairy farms. After dairy operations ceased, duse transitioned to horse pasture and hay production. The project will provide stream mitigation units to the ision of Mitigation Services in the Neu" River Basin (03020201). Reviewed By: O? 0 Conditional Approved By: Date ❑ Check this box if there are outstanding issues Final Approval By: "L-I& Date For Division Administrator FHWA aLdministrator FHWA 2: All Projects Regulation/QuestionPart .. Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ❑✓ No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ✓❑ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ✓❑ N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑l No ✓❑ N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? Ell Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ✓❑ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ✓❑ No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ✓❑ N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ❑✓ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ✓❑ N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ❑✓ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ✓❑ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ❑✓ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ❑✓ Yes ❑ No 2. Does the project require the acquisition of real estate? ✓❑ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ❑✓ No ❑ N/A 4. Has the owner of the property been informed: p Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A 3: Ground -Disturbing Activities Regulation/QuestionPart .. American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? ❑✓ No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ❑✓ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ✓❑ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ✓❑ N/A Antiquities Act (AA) 1. Is the project located on Federal lands? ❑ Yes ❑✓ No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ✓❑ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑✓ N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ❑✓ No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ✓❑ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ✓❑ N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ✓❑ Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes ❑✓ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ❑ No ❑✓ N/A 4. Is the project "likely to adversely affect' the species and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ✓❑ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No ❑✓ N/A 6. Has the USFWS/NOAA-Fisheries rendered a `jeopardy" determination? ❑ Yes ❑ No ❑✓ N/A Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ❑✓ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ❑✓ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ❑✓ N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired? ✓❑ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ❑✓ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ✓❑ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ✓❑ Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ❑✓ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ✓❑ No 2. Has the NIPS approved of the conversion? ❑ Yes ❑ No ❑✓ N/A Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ❑✓ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ❑✓ N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ❑✓ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ❑✓ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ✓❑ N/A MigratorV Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ❑✓ No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ❑✓ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ❑✓ No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ❑✓ N/A Martin Dairy Mitigation Site Categorical Exclusion SUMMARY Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous -waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment. As the Martin Dairy Mitigation Site is a full -delivery project; an EDR Radius Map Report with Geocheck was ordered for the site through Environmental Data Resources, Inc. on April 14, 2016. Neither the target property, nor immediately adjacent properties, were listed in any of the Federal, State, or Tribal environmental databases searched by EDR. Overall, there was one Leaking Underground Storage Tank (LUST) site and one Underground Storage Tank (UST) sites found in the databases searched. The LUST site is the same physical location as the UST site, 7500 Schley Road. These two locations are approximately 1,500 feet downstream from the specific project area. Overall, the assessment revealed no evidence of any "recognized environmental conditions" in connection with the target property. The Executive Summary of the EDR report is included in the Appendix. The full report is available if needed. National Historic Preservation Act (Section 106) The National Historic Preservation Act declares a national policy of historic preservation to protect, rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, history, archaeology, and culture, and Section 106 mandates that federal agencies take into account the effect of an undertaking on a property that is included in, or is eligible for inclusion in, the National Register of Historic Places. Wildlands Engineering, Inc. (Wildlands) requested review and comment from the State Historic Preservation Office (SHPO) with respect to any archeological and architectural resources related to the Martin Dairy Mitigation Site on April 15, 2016. SHPO responded on May 12, 2016 and stated they were aware of no historic resources that would be affected by the project. All correspondence related to Section 106 is included in the Appendix. Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) These acts, collectively known as the Uniform Act, provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establish uniform and equitable land acquisition policies. Martin Dairy Mitigation Site is a full -delivery project that includes land acquisition. Notification of the fair market value of the project property and the lack of condemnation authority by Wildlands was included in the signed option agreement for the project property. A copy of the relevant section of the option agreement is included in the Appendix. Endangered Species Act (ESA) Section 7 of the ESA requires federal agencies, in consultation with and with the assistance of the Secretary of the Interior or of Commerce, as appropriate, to ensure that actions they authorize, fund or carry out are not likely to jeopardize the continued existence of threatened or endangered species or result in the destruction or adverse modification of critical habitat for these species. The Orange County listed endangered species include the bald eagle (Haliaeetus leucocephalus) (BGPA), dwarf wedgemussel (Alasmidonta heterodon), smooth coneflower (Echinacea laevigata) and the Michaux's sumac (Rhus michauxii). The USFWS does not currently list any Critical Habitat Designations for any of the Federally -listed species within Orange County. Wildlands requested review and comment r Martin Dairy Mitigation Site Categorical Exclusion y/ DMS #97087 from the United States Fish and Wildlife Service (USFWS) on April 15, 2016 in respect to the Martin Dairy Mitigation Site and its potential impacts on threatened or endangered species. USFWS responded on May 5, 2016 and stated the "proposed action is not likely to adversely affect any federally listed endangered or threatened species, their formally designated critical habitat or species currently proposed for listing under the Act". All correspondence with USFWS is included in the Appendix. As a result of a pedestrian survey conducted on September 3, 2015, no individual species, suitable habitat or critical habitat were found to exist on the site for any of the listed species. It was determined that the project would result in "no effect" on the listed species. Farmland Protection Policy Act (FPPA) The FPPA requires that, before taking or approving any federal action that would result in conversion of farmland, the agency must examine the effects of the action using the criteria set forth in the FPPA, and, if there are adverse effects, must consider alternatives to lessen them. The Martin Dairy Mitigation Site includes the conversion of prime farmland. As such, Form AD-1006 has been completed and submitted to the Natural Resources Conservation Service (NRCS). The completed form and correspondence documenting its submittal is included in the Appendix. Fish and Wildlife Coordination Act (FWCA) The FWCA requires consultation with the USFWS and the appropriate state wildlife agency on projects that alter or modify a water body. Reports and recommendations prepared by these agencies document project effects on wildlife and identify measures that may be adopted to prevent loss or damage to wildlife resources. The Martin Dairy Mitigation Site includes stream restoration. Wildlands requested comment on the project from both the USFWS and the North Carolina Wildlife Resources Commission (NCWRC) on April 15, 2016. NCWRC responded on May 3, 2016 and stated they "do not anticipate the project to result in significant adverse impacts to aquatic and terrestrial wildlife resources". The USFWS responded on May 5, 2016 and had no objections to the project. All correspondence with the two agencies is included in the Appendix. Migratory Bird Treaty Act (MBTA) The MBTA makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import, or export any migratory bird. The indirect killing of birds by destroying their nests and eggs is covered by the MBTA, so construction in nesting areas during nesting seasons can constitute a taking. Wildlands requested comment on the Martin Dairy Stream Mitigation Site from the USFWS in regards to migratory birds on April 15, 2016. USFWS responded on May 5, 2016, but had no comments regarding migratory birds. All correspondence with USFWS is included in the Appendix. w Martin Dairy Mitigation Site Categorical Exclusion %DMS #97087 Martin Dairy Mitigation Site Categorical Exclusion APPENDIX Martin Dairy Mitigation Site 7205 Schley Road Hillsborough, NC 27278 Inquiry Number: 4592771.2s April 14, 2016 6 Armstrong Road, 4th floor www.edrnet.comt.com Shelton, CT 06484 (rEDR(oEnvironmental Data Resources Inc Toll Free: FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary ES1 OverviewMap----------------------------------------------------------- 2 DetailMap-------------------------------------------------------------- 3 Map Findings Summary 4 MapFindings------------------------------------------------------------ 8 Orphan Summary--------------------------------------------------------- 18 Government Records Searched/Data Currency Tracking- - - - - - - - - - - - - - - - - - - - - - - - - - GRA GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map ------------------------------------------- A-5 Physical Setting Source Map------------------------------------------------ A-16 Physical Setting Source Map Findings A-18 Physical Setting Source Records Searched PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2016 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC4592771.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 7205 SCHLEY ROAD HILLSBOROUGH, NC 27278 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 36.1235660 - 36° 7' 24.83" 79.0039200 - 79' 0' 14.11 " Zone 17 679636.3 3999298.2 502 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Version Date: Northeast Map: Version Date: Southeast Map: Version Date: Northwest Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 5947925 HILLSBOROUGH, NC 2013 5945265 ROUGEMONT, NC 2013 5945261 NORTHWEST DURHAM, NC 2013 5947438 CALDWELL, NC 2013 Portions of Photo from: 20120531 Source: USDA TC4592771.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY Target Property Address: 7205 SCHLEY ROAD HILLSBOROUGH, NC 27278 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION Al ST MARY'S SCHOOL 7500 SCHLEY ROAD LUST, UST Higher 2317, 0.439, SSE A2 KANTNER SCHOOL (FORM 7500 SCHLEY ROAD LUST TRUST, IMD Higher 2317, 0.439, SSE A3 ST. MARY'S SCHOOL 7500 SCHLEY ROAD IMD Higher 2317, 0.439, SSE 4592771.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL---------------- Proposed National Priority List Sites NPL LIENS Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY---------. Federal Facility Site Information listing SEMS Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS------------------ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG------------------ RCRA - Small Quantity Generators RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System US ENG CONTROLS--------. Engineering Controls Sites List TC4592771.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls Federal ERNS list ERNS Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------ Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities OLI Old Landfill Inventory State and tribal leaking storage tank lists LAST _________________ Leaking Aboveground Storage Tanks INDIAN LUST Leaking Underground Storage Tanks on Indian Land State and tribal registered storage tank lists FEMA UST___________________ Underground Storage Tank Listing UST__________________________ Petroleum Underground Storage Tank Database AST AST Database INDIAN UST Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL_ _ _ _ _ _ _ _ _ _ _ _ _ . No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP------------------ Voluntary Cleanup Priority Listing VCP Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS______________ Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites HIST LF Solid Waste Facility Listing SWRCY______________________ Recycling Center Listing TC4592771.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY INDIAN ODI------------------ Report on the Status of Open Dumps on Indian Lands ODI__________________________ Open Dump Inventory DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations Local Lists of Hazardous waste / Contaminated Sites US HIST CDL---------------- Delisted National Clandestine Laboratory Register US CDL National Clandestine Laboratory Register Local Land Records LIENS 2 CERCLA Lien Information Records of Emergency Release Reports HMIRS----------------------- Hazardous Materials Information Reporting System SPILLS Spills Incident Listing SPILLS 90 SPILLS 90 data from FirstSearch SPILLS 80-------------------. SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD------------------------- Department of Defense Sites SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST-----------. EPA WATCH LIST 2020 COR ACTION 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS------------------------- Toxic Chemical Release Inventory System SSTS Section 7 Tracking Systems ROD Records Of Decision RMP------------------------- Risk Management Plans RAATS RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS------------------------ PCB Activity Database System ICIS Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS Material Licensing Tracking System COAL ASH DOE Steam -Electric Plant Operation Data COAL ASH EPA-------------- Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS------------------- FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV------------- Indian Reservations FUSRAP Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS ------------ Lead Smelter Sites US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES Mines Master Index File FINDS-----------------------. Facility Index System/Facility Registry System TC4592771.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY COAL ASH___________________ Coal Ash Disposal Sites DRYCLEANERS Drycleaning Sites Financial Assurance Financial Assurance Information Listing NPDES----------------------- NPDES Facility Location Listing UIC Underground Injection Wells Listing ECHO Enforcement & Compliance History Information FUELS PROGRAM_ _ _ _ _ _ _ _ _ _ _ EPA Fuels Program Registered Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historic Gas Stations EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _ . EDR Exclusive Historic Dry Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified in the following databases. Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. STANDARD ENVIRONMENTAL RECORDS State and tribal leaking storage tank lists LUST: The Leaking Underground Storage Tank Incidents Management Database contains an inventory of reported leaking underground storage tank incidents. The data come from the Department of Environment, & Natural Resources' Incidents by Address. A review of the LUST list, as provided by EDR, and dated 02/05/2016 has revealed that there is 1 LUST site within approximately 0.5 miles of the target property. Equal/Higher Elevation Address Direction / Distance Map ID Page ST MARY'S SCHOOL 7500 SCHLEY ROAD SSE 114 - 112 (0.439 mi.) Al TC4592771.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY Incident Phase: Response Incident Phase: Closed Out Incident Number: 23192 Incident Number: 23504 Current Status: File Located in Archives Current Status: File Located in House LUST TRUST: This database contains information about claims against the State Trust Funds for reimbursements for expenses incurred while remediating Leaking USTs. A review of the LUST TRUST list, as provided by EDR, and dated 01/08/2016 has revealed that there is 1 LUST TRUST site within approximately 0.5 miles of the target property. Equal/Higher Elevation Address Direction / Distance Map ID Page KANTNER SCHOOL (FORM 7500 SCHLEY ROAD SSE 114 - 112 (0.439 mi.) A2 15 Facility Id: 0-002591 Site ID: 23192 ADDITIONAL ENVIRONMENTAL RECORDS Records of Emergency Release Reports IMD: Incident Management Database. A review of the IMD list, as provided by EDR, and dated 07/21/2006 has revealed that there are 2 IMD sites within approximately 0.5 miles of the target property. Equal/Higher Elevation Address Direction / Distance Map ID Page KANTNER SCHOOL (FORM 7500 SCHLEY ROAD SSE 114 - 112 (0.439 mi.) A2 15 Facility Id: 23192 ST. MARY'S SCHOOL 7500 SCHLEY ROAD SSE 1/4 - 1/2 (0.439 mi.) A3 16 Facility Id: 23504 TC4592771.2s EXECUTIVE SUMMARY 7 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC4592771.2s EXECUTIVE SUMMARY 8 OVERVIEW MAP - 4592771.2S Target Property o 114 1@ 1 ones Sites at elevations higher than or equal to the target property Indian Reservations BIA Hazardous Substance � Sites at elevations lower than e d- h, Power transmission lines Disposal Sites the target property 100-year flood zone A Manufactured Gas Plants 0 500 flood zone National Priority List Sites year Dept. Defense Sites 0 National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Martin Dairy Mitigation Site CLIENT: Wildlands Eng, Inc. ADDRESS: 7205 Schley Road CONTACT: Ian Eckardt Hillsborough NC 27278 INQUIRY #: 4592771.2s LAT/LONG: 36.123566 / 79.00392 DATE: April 14, 2016 4:40 pm Copyright m 2016 EDR, Inc. (c) 2015 TornTom Rel 2015 DETAIL MAP - 4592771.2S Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property A Manufactured Gas Plants r Sensitive Receptors National Priority List Sites Dept. Defense Sites 4, ONE 0 1116 1 /8 114 Mlles 0 Indian Reservations BIA Hazardous Substance 100-year flood zone Disposal Sites 500-year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Martin Dairy Mitigation Site CLIENT: Wildlands Eng, Inc. ADDRESS: 7205 Schley Road CONTACT: Ian Eckardt Hillsborough NC 27278 INQUIRY #: 4592771.2s LAT/LONG: 36.123566 / 79.00392 DATE: April 14, 2016 4:41 pm Copyright m 2016 EDR, Inc. (c) 2015 TornTom Rel. 2015. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS-ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LAST 0.500 0 0 0 NR NR 0 TC4592771.2s Page 4 Database MAP FINDINGS SUMMARY Search Distance Target Total (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted LUST 0.500 0 0 1 NR NR 1 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 1 NR NR 1 State and tribal registered storage tank lists FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 State and tribal voluntary cleanup sites INDIAN VCP 0.500 VCP 0.500 State and tribal Brownfields sites BROWNFIELDS 0.500 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS 0.500 Local Lists of Landfill / Solid Waste Disposal Sites HIST LF 0.500 SWRCY 0.500 INDIAN ODI 0.500 O D I 0.500 DEBRIS REGION 9 0.500 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL TP US CDL TP Local Land Records LIENS 2 TP Records of Emergency Release Reports HMIRS TP SPILLS TP IMD 0.500 SPILLS 90 TP SPILLS 80 TP Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 2 NR NR 2 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 NR NR NR 0 TC4592771.2s Page 5 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8 - 1/4 1/4-1/2 1/2 - 1 > 1 Plotted FUDS 1.000 0 0 0 0 NR 0 DOD 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 US FIN ASSUR TP NR NR NR NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 PRP TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 DOT OPS TP NR NR NR NR NR 0 CONSENT 1.000 0 0 0 0 NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 FUSRAP 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 LEAD SMELTERS TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 US MINES 0.250 0 0 NR NR NR 0 FINDS TP NR NR NR NR NR 0 COAL ASH 0.500 0 0 0 NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 Financial Assurance TP NR NR NR NR NR 0 NPDES TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0 ECHO TP NR NR NR NR NR 0 FUELS PROGRAM 0.250 0 0 NR NR NR 0 =IQ;a:I lei: 1061:11:I611101 WTI a0*919] IR EDR Exclusive Records EDR MGP 1.000 0 0 0 0 NR 0 EDR Hist Auto 0.125 0 NR NR NR NR 0 EDR Hist Cleaner 0.125 0 NR NR NR NR 0 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP NR NR NR NR NR 0 TC4592771.2s Page 6 Database RGA LF RGA LUST - Totals -- MAP FINDINGS SUMMARY Search Distance Target (Miles) Property TP TP 0 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database Total < 1 /8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 4 0 0 4 TC4592771.2s Page 7 w WILDLANDS ENGINEERING April 15, 2oi6 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Martin Dairy Mitigation Site Orange County, North Carolina Dear Ms. Gledhill -Earley, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with the Martin Dairy Mitigation Site. A USGS site map and aerial map with approximate project areas are enclosed. The southern border of the Site is adjacent to the Saint Mary's Road Rural Historic District according to The National Register with the State Historic Preservation Office (SHPO). The Martin Dairy Mitigation Site is being developed to provide in -kind mitigation for unavoidable stream channel impacts. Several sections of channel have been identified as significantly degraded. This will be a stream restoration project only. The site has historically been disturbed due to agricultural use, primarily for livestock production. We ask that you review this site based on the attached information to determine the presence of any historic properties. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the project. Sincerely, Ruby M. Davis Environmental Scientist rdavis@wildlandseng.com 1430 South Mint Street, Suite 104 Charlotte, NC 28203 - (P) 704-332-7754 � (F) 704-332-3306 5rnlp 4 - C North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz May 12, 2016 Ruby Davis Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Re: Martin Dairy Mitigation Site, Orange County, ER 16-0697 Dear Ms. Davis: Thank you for your letter of April 15, 2016, concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review(ancdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 60e Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 3.3 Assignment. Optionee has the right to assign this agreement without the consent of Optionor. No assignment shall be effective unless the assignee has delivered to Optionor a written assumption of Optionee's obligations under this agreement. Optionor hereby releases Optionee from any obligations under this agreement arising after the effective date of any assignment of this agreement by Optionee. 3.4 Value of Conservation Easement; No Power of Eminent Domain. In accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Optionee hereby notifies Optionor that: (1) Optionee believes that the fair market value of the Conservation Easement is an amount equal to the Purchase Price; and (ii) Optionee does not have the power of eminent domain. 3.5 Modification; Waiver. No amendment of this agreement will be effective unless it is in writing and signed by the parties. No waiver of satisfaction of a condition or failure to comply with an obligation under this agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or failure to comply with any other obligation. 3.6 Attorneys' Fees. if either party commences an action against the other to interpret or enforce any of the terms of this agreement or because of the breach by the other party of any of the terms of this agreement, the losing party shall pay to the prevailing party reasonable attorneys' fees, expenses, court costs, litigation costs and any other expenses incurred in connection with the prosecution or defense of such action, whether or not the action is prosecuted to a final judgment. 3.7 Memorandum of Option Agreement. Concurrently with the signing of this agreement, Optionee and Optionor agree to sign a Memorandum of Option which will be recorded against the Property in the Register of Deeds of the County stated in paragraph A within five days after the Effective Date. 3.8 Landowner Authorization. Concurrently with the signing of this agreement, Optionor agrees to sign the NCDMS Landowner Authorization Form in the form of exhibit C. 39 Entire Agreement. Each party acknowledges they are not relying on any statements made by the other party, other than in this agreement, regarding the subject matter of this agreement. Neither party will have a basis for bringing any claim for fraud in connection with any such statements. 3.10 Mutual Agreement. This is a mutually negotiated agreement and regardless of which party was more responsible for its preparation, this agreement shall be construed neutrally between the parties. 3.11 Governing Law. The laws of the State of North Carolina, without giving effect to its principles of conflicts of law, govern all matters arising out of this agreement. 3.12 Counterparts. This agreement may be signed in counterparts, each of which shall be deemed an original, but all of which, together, constitute one and the same instrument. A signed copy of this agreement delivered by electronic mail in portable document format (".pdf" format) shall have the same legal effect as delivery of an original signed copy of this agreement. [SIGNATURE PAGE FOLLOWS] i 10-9-15 CR Option Orptiono%_ (� Optionor WILDLANDS E NG INEER1 NG April 15, 2oi6 Dale Suiter US Fish and Wildlife Service Raleigh Field Office PO Box 33726 Raleigh, NC 27636 Subject: Martin Dairy Mitigation Site Orange County, North Carolina Dear Mr. Suiter, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to endangered species, migratory birds or other trust resources associated with the proposed Martin Dairy Mitigation Site. A USGS map and aerial maps showing the approximate project area are enclosed. The topographic figure was prepared from the Hillsborough and Caldwell, 7.5-Minute USGS Topographic Quadrangles. The Martin Dairy Mitigation Site is being developed to provide in -kind mitigation for unavoidable stream channel impacts. Several sections of channel have been identified as significantly degraded. This will be a stream restoration project only. The site has historically been disturbed due to agricultural use, primarily for livestock production. According to your website (http://ecos.fws.gov/tess_public/reports/species-by-current-range- county), the bald eagle (Haliaeetus leucocephalus), dwarf wedgemussel (Alasmidonta heterodon), smooth coneflower (Echinacea laevigata) and the Michaux's sumac (Rhus michauxii) are the federally -listed species in Orange County. We are requesting that you provide any known information on these species. If we have not heard from you in 3o days we will assume that you do not have any comments regarding associated laws and that you do not have any information relevant to this projects at the current time. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning this project. Sincerely, Ruby M. Davis Environmental Scientist Attachment: USGS Topographic Map Aerial Map 1430 South Mint Street, Suite 104 Charlotte, INC 28203 ° (P) 704-332-7754 ° (F) 704-332-3306 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 May 5, 2016 Ruby Davis Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Re: Martin Dairy Mitigation Site — Orange County, NC Dear Mrs. Davis: This letter is to inform you that a list of all federally -protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http://www.fws,gov/raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally -protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in detennining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www,fws.gov/raleigh. Please check the web site often for updated information or changes. ' The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks, Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently 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. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we reconunend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). IN We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Kathy Matthews of this office at (919) 856-4520 ext. 27. Sincerely, Pete Benjamin Field Supervisor List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson 4 USDA Natural Resources Conservation Service May 23, 2016 North Carolina State Office Mr. Ian Eckardt 4407 Bland Road Environmental Scientist Suite 117 Wildlands Engineering, Inc. Raleigh, NC 27609 1430 S. Mint St, Suite 104 Voice 919-873-2171 Fax 844-325-6833 Charlotte, NC 28203 Dear Mr. Eckardt Thank you for your letter dated August 4, 2015, Subject: AD1006 Form - Martin Dairy Mitigation Site - Orange County, NC. The following guidance is provided for your information. Projects are subject to the Farmland Protection Policy Act (FPPA) requirements if they may irreversibly convert farmland (directly or indirectly) to non- agricultural use and are completed by a federal agency or with assistance from a federal agency. Farmland means prime or unique farmlands as defined in section 1540(c)(1) of the FPPA or farmland that is determined by the appropriate state or unit of local government agency or agencies with concurrence of the Secretary of Agriculture to be farmland of statewide local importance. For the purpose of FPPA, farmland includes prime farmland, unique farmland, and land of statewide or local importance. Farmland subject to FPPA requirements does not have to be currently used for cropland. It can be forestland, pastureland, cropland, or other land, but not water or urban built-up land. Farmland does not include land already in or committed to urban development or water storage. Farmland already in urban development or water storage includes all such land with a density of 30 structures per 40-acre area. Farmland already in urban development also includes lands identified as urbanized area (UA) on the Census Bureau Map, or as urban area mapped with a tint overprint on the United States Geological Survey (USGS) topographical maps, or as urban -built-up on the United States Department of Agriculture (USDA) Important Farmland Maps. The area in question meets one or more of the above criteria for Farmland. Farmland area will be affected or converted. Enclosed is the Farmland Conversion Impact Rating form AD1006 with PARTS II, IV and V completed by NRCS. The corresponding agency will need to complete the evaluation, according to the Code of Federal Regulation 7CFR 658, Farmland Protection Policy Act. The Natural Resources Conservation Service is an agency of the Department of Agriculture's Natural Resources mission. An Equal Opportunity Provider and Employer Mr. Ian Eckardt Page 2 If you have any questions, please contact Milton Cortes, Assistant State Soil Scientist at 919-873-2171 or by email: milton.cortes&nc.usda.gov. Again, thank you for inquiry. If we can be of further assistance, please do not hesitate to contact us. Sincerely, Digitally signed by MILTON CODES MILTON CORTES of Ag, -US, —U.S. MILTON CORTE=Department of Agriculture,.S. G.—ON CORTES, 0.9.2342.19200300.100.1.1=120010000801 73 Date: 2016.05.221223:29 -"00' Milton Cortes Assistant State Soil Scientist cc: Kent Clary, State Soil Scientist, NRCS, Raleigh, NC U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 4/14/16 Name Of Project Martin Dairy Mitigation Site Federal Agency Involved FHWA - NCDMS Proposed Land Use Stream Restoration County And State Orange County, NC PART II (To be completed by NRCS) Date Request Received By NRCS Does the site contain prime, unique, statewide or local important farmland? Yes No (If no, the FPPA does not apply -- do not complete additional parts of this form). 0 ❑ Acres Irrigated - N/A Average Farm Size 88 acres Major Crop(s) CORN Farmable Land In Govt. Jurisdiction Acres: 245,406 % 96 Amount Of Farmland As Defined in FPPA Acres: 203,636 % 90 Name Of Land Evaluation System Used Orange Co., LESA Name Of Local Site Assessment System None Date Land Evaluation Returned By NRCS May 23, 2016 By email PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C Site D A. Total Acres To Be Converted Directly 9.5 B. Total Acres To Be Converted Indirectly C. Total Acres In Site 9.5 0.0 0.0 0.0 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 6.1 B. Total Acres Statewide And Local Important Farmland 3.4 C. Percentage Of Farmland In County Or Local Govt. Unit To Be Converted 0.0047 D. Percentage Of Farmland In Govt. Jurisdiction With Same Or Higher Relative Value 61.0 PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value Of Farmland To Be Converted (Scale of 0 to 100 Points) 84 PART VI (To be completed by Federal Agency) Site Assessment Criteria (These criteria are explained in 7 CFR 658.5(b) Maximum Points 1. Area In Nonurban Use 15 14 2. Perimeter In Nonurban Use 10 10 3. Percent Of Site Being Farmed 20 20 4. Protection Provided By State And Local Government 20 20 5. Distance From Urban Builtup Area 15 0 6. Distance To Urban Support Services 15 0 7. Size Of Present Farm Unit Compared To Average 10 10 8. Creation Of Nonfarmable Farmland 10 0 9. Availability Of Farm Support Services 5 5 10. On -Farm Investments 20 15 11. Effects Of Conversion On Farm Support Services 10 0 12. Compatibility With Existing Agricultural Use 10 0 TOTAL SITE ASSESSMENT POINTS 160 94 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 84 Total Site Assessment (From Part VI above or a local site assessment) 160 94 0 0 0 TOTAL POINTS (Total of above 2lines) 260 178 0 0 0 Site Selected: 7DateOf Selection Was A Local Site Assessment Used? Yes ❑ No ❑ Reason For Selection: (See Instructions on reverse side) Form AD-1006 (10-83) This form was electronically produced by National Production Services Staff • WILDLANDS E N G I N E E R I N G April 15, 2016 Shannon Deaton North Carolina Wildlife Resource Commission Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699 Subject: Martin Dairy Mitigation Site Orange County, North Carolina Dear Ms. Deaton, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to fish and wildlife issues associated with the proposed Martin Dairy Mitigation Site. A USGS map and aerial maps showing the approximate project area are enclosed. The topographic figure was prepared from the Hillsborough and Caldwell, 7.5-Minute USGS Topographic Quadrangles. The Martin Dairy Mitigation Site is being developed to provide in -kind mitigation for unavoidable stream channel impacts. Several sections of channel have been identified as significantly degraded. This will be a stream restoration project only. The site has historically been disturbed due to agricultural use, primarily for livestock production. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning this project. Sincerely, Ruby M. Davis Environmental Scientist Attachment: USGS Topographic Map Aerial Map 1430 South Mint Street, Suite 104, Charlotte, NC 28203 � (P) 704-332-7754 - (F) 704-332-3306 North Carolina Wildlife Resources Commission Gordon Myers, Executive Director 3 May 2016 Ms. Ruby M. Davis Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Subject: Martin Dairy Mitigation Site, Orange County, North Carolina Dear Ms. Davis: Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject information. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). The proposed project includes stream restoration. Several sections of channel have been identified as significantly degraded. The site has been used primarily for livestock production. The mitigation site will provide in -kind mitigation for unavoidable stream impacts. The project site includes an unnamed tributary to Buckwater Creek in the Neuse River basin. Stream restoration projects often improve water quality and aquatic habitat. Establishing native, forested buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats, and provide a travel corridor for wildlife species. Provided measures are taken to minimize erosion and sedimentation from construction/restoration activities, we do not anticipate the project to result in significant adverse impacts to aquatic and terrestrial wildlife resources. Thank you for the opportunity to review this proposed project. If we can provide further assistance, please contact our office at (336) 449-7625 or shari.bryant e,ncwildlife.org. Sincerely, Shari L. Bryant Western Piedmont Coordinator Habitat Conservation Division Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Martin Dairy Mitigation Site Categorical Exclusion FIGURES Project Parcel I I +I�rmont Lji! I e IVer 1rr1n f„rl.! IIl1r• li+lrr 'ark I 1 � q ' •- r ay tiurl�, 138 n -Country .L+ ON WILDLANDS EN GINrzrzRING Q Vicinity Map Martin Dairy Mitigation Site 0 2 Miles Neuse River Basin 03020201 Orange County, NC 1� 1 N.01 ' 7NN: l Y '2' 04eri?1414*t#oraDkV�H1rr� A WILDLANDS PAW ENGINEERING Project Parcel 1� Project Area Project Streams Non -Project Existing Streams Topographic Contours 4' 01 1 ■ Overview Site Map 0 200 Feet Martin Dairy Mitigation Site I I I I I Neuse River Basin 03020201 Orange County, NC Hillsborough and Caldwell USGS 7.5 minute topographic W*V'WILDLANDS ENGINEERING oil. I.IL r i • ■A b! .1.1 I Project Site j. _. ' Project Area /--%— 14 USGS Topography Map 0 800 Feet Martin Dairy Mitigation Site Neuse River Basin 03020201 Orange County, NC WILDLANDS EN GINEf=RING r_ - _! Project Parcel ■ ��� Proposed Conservation Easement Project Soils - Ch- Chewacla loam - HrB- Herndon silt loam, 2-6% slopes - HrC- Herndon silt loam, 6-10% slopes 0 TaD- Tatum silt loam, 8-15% slopes 41 Existing Streams Project Streams =0m li I II I II I LAcres Map Unit SymbolMap Ch Hr6 TaD Unit Name in Project Area Perce nt in Project Area Chewaclaloam 6.0 63.2% He rndonsItloam, 2-6%slo es 0.1 1.1%HrC Herndon siltloam, 6-10%slopes 2.4 25.3% Tatum silt loam 1.0 10.5% Totals for Project Area 9.-1 100.0% 0 300 Feet Soils Map Martin Dairy Mitigation Site Neuse River Basin 03020201 Orange County, NC Appendix 6 Plan Sheets Martin Dairy Mitigation Site Neuse River Basin 03020201 Orange County, North Carolina for NCDEQ Division of Mitigation Services N GCOJe Church R d �ipsc oma Martin Hills Ln cn m PROJECT LOCATION O d. 2 Saint Marys Rd - SR 1002 Vicinity Map Not to Scale BEFORE YOU DIG! CALL1-800-632-4949 N.C. ONE -CALL CENTER IT'S THE LAW! CONSTRUCTION PLANS March 2017 Stream Origins Stream Latitude Longitude Martin Dairy N 360 0731.65" W 790 00' 13.78" UT1 N 360 07' 26.69" W 790 00' 12.28" Sheet Index Title Sheet 0.1 Project Overview 0.2 General Notes and Symbols 0.3 Plan and Profile 1.1-1.6 Planting Plan 2.0 Erosion Control Plan 3.0 Details 4.1-4.7 Project Directory Engineering: Wildlands Engineering, Inc License No.F-0831 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 Angela N. Allen, PE 919-851-9986 Surveying: Turner Land Surveying, PLLC P.O. Box 148 Swannanoa, NC 28778 919-827-0745 Owner: NCDEQ Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 Jeff Schaffer 919-707-8308 DEQ Contract No. 6831 DMS ID No. 97087 O o U bD +, O Z 7S Q O bbc u Stream, wetland, and floodplain grading; channel filling; in -stream structure installation; and bank stabilization work will be completed according to the construction sequence below. General Construction Notes for All Reaches 1. All erosion and sediment control practices shall comply with the North Carolina Erosion and Sediment Control Planning and Design Manual. 2. Contractor will install pump -around systems to divert flow while working in live, flowing channels. The Contractor shall operate and maintain the pump -around system 24 hours a day until all disturbed areas are stabilized. The disturbed area within the pump around must be stabilized with temporary seeding, mulch and erosion control matting by the end of each work day. Contractor shall not remove pump -around systems and advance to the next work area until the current work area is completed and stabilized. 3. No material from the off-line proposed stream channel excavation may be backfilled into the adjacent existing stream channel until the newly -constructed proposed stream section is completed, stabilized, and the stream flow has been diverted into it, not even if that section of old/ existing stream is being pumped. 4. In areas without a pump -around system, Contractor shall disturb only as much channel bank as can be stabilized with temporary seeding, mulch, and a sod mat or erosion control matting by the end of each work day. 5. Clearing and grubbing activities shall not extend more than 150 linear feet ahead of in -stream work. 6. When crossing an active section of new or old stream channel, a Timber Mat shall be installed according to the details and specifications. 7. All graded areas with slopes steeper than 3:1 will be stabilized within seven (7) working days. All other areas will be stabilized within 14 working days. 8. Locations for staging and stockpile areas and temporary stream crossings have been provided on the Plans. Additional or alternative staging and/or stockpile areas and stream crossings may be used by the Contractor provided that all practices comply with the North Carolina Erosion and Sediment Control Planning and Design Manual and that the areas are approved by the Engineer prior to implementation. 9. Various types of constructed riffles are specified on the plans. Contractor shall build the specific types of constructed riffles at locations shown on the Plans. Changes in constructed riffle type must be approved by the Engineer. 10. Contractor is to make every effort to avoid damaging or removing existing trees. 11. Under no circumstances will the Contractor exceed the limits of disturbance as shown on the Plans. 12. Trees are to be harvested only in the area represented on the plans, west of the easement area. Trees can be harvested from the first 10 feet of the wood line and should be cut as close to the ground as possible. The land owner will mark trees which will NOT be harvested prior to commencement of construction. 13. The construction entrance on the southernmost end of the project should remain in place after construction is completed, per landowner request. Initial Site Preparation 1. Contact North Carolina "One Call" Center (1.800.632.4949) before any excavation. 2. Contact Division of Energy,Mineral and Land Resources 919-791-4200 before an work begins on the ( ) Y g project and notify them of the start date. 3. Mobilize equipment and materials to the Site. 4. Identify and establish construction entrance, staging and stockpile areas, haul roads, silt fence, tree protection fencing, safety fencing, and temporary stream crossings as indicated on the Plans for work areas. Note: Construction access will enter the site from Schley Road using two specified construction entrances. These entrances are within temporary construction entrance easements. S. All haul roads shall be monitored for sediment loss daily. In the event of sediment loss, silt fence or other acceptable sediment and erosion control practices shall be installed. Silt fence outlets shall be located at points of low elevation or a minimum spacing of 150 ft. 6. Set up temporary facilities, locate equipment within the staging area, and stockpile materials needed for the initial stages of construction within the stockpile area(s). 7. Install and maintain an onsite rain gauge and log book to record the rainfall amounts and dates. Complete the self -inspection as required by NCDEQ permit. Martin Dairy Creek Reach 1, Martin Dairy Creek Reach 2, and UT1 Construction 8. Perform any necessary clearing and grubbing in phases as work progresses. Bank vegetation and vegetation immediately adjacent to live channels shall be left undisturbed as long as possible. Remove all non-native and invasive vegetation prior to beginning the channel construction. Take care with vegetation marked for transplant from the old channel to new channel. Do not disturb transplant vegetation until time of transplant. 9. Construction of all channels are to be done in the dry. Construction should generally progress from upstream to downstream to prevent sediment runoff from upstream construction affecting completed downstream reaches. Use a pump around as shown on the plans and discussed in the General Notes. 10. Where feasible, more than one offline section may be constructed concurrently. Offline sections shall be tied online sequentially from downstream to upstream. 11. As work progresses, remove and stockpile the top three inches of soil from the active grading area. Stockpiled topsoil shall be kept separate for onsite replacement prior to floodplain seeding. 12. Construct the proposed stream channel to the grade specified in the cross -sections and profile. Transfer coarse material from abandoned channel riffles to new channel riffles utilizing a pump -around when doing SO. 13. Grade the adjacent floodplain area according to grades shown on the plan. 14. Install in -stream structures (riffles, angled log sill, log J-hook, lunker log, and boulder sill) and in -bank bioengineering such as brush toe and sod mats after channel grading is completed according to details and specifications. 15. Sod mats should be used in lieu of coir fiber matting to stabilize all stream banks on site as the preferential stabilization method. Sad mats shall be installed according to sod mat detail. Coir fiber matting may be used where sod mats are not available or if coir fiber matting is referred at the discretion of the Engineer. P g 16. Seed (with specified temporary seed and permanent seed mix) and straw mulch areas where the coir fiber matting is to be installed. 17. Install coir fiber matting according to plans and specifications. 18. Backfill abandoned channel sections with stockpiled soil according to the grades shown on the Plans. Non-native and invasive vegetation (e.g. Chinese privet and multiflora rose) shall be removed from the existing channel prior to backfilling. 19. Prepare floodplain for seeding by applying stockpiled topsoil to the floodplain between bankfull elevation and the grading limits, ripping, and raking/smoothing. Seed with specified temporary and permanent seed mix and mulch. Any areas within the conservation easement that have not been graded shall be treated according to the planting plan. 20. If at any time circumstances should arise where water has been turned into the new channel and additional work must be done on the floodplain, erosion control devices will be installed to protect the new channel from sedimentation. 21. Once all phases of channel and floodplain construction are complete, prepare the floodplain areas for planting per the specifications. 22. Install livestakes and herbaceous plugs along the stream banks according to the plans and specifications. Construction Demobilization 23. Remove temporary stream crossings. 24. The Contractor shall ensure that the site is free of trash and leftover materials prior to demobilization of equipment from the site. 25. Complete the removal of any additional stockpiled material from the site. 26. Demobilize grading equipment from the site. 27. All rock and other stockpiled materials must be removed from the limits of disturbance and conservation easement. All areas outside the conservation easement shall be returned to pre -project conditions or better. 28. Seed, mulch, and stabilize staging areas, stockpile areas, haul roads, and construction entrances. Pasture seed mix is to be applied to areas of disturbance outside of the conservation easement. Existing Features Proposed Features Erosion Control Features Existing Property Boundary CE - CE - CE Proposed Conservation Easement \ / Proposed Pump Around See Detail 3, Sheet 4.4 ------------------------------ Existing 5' Major Contour TCE TCe Proposed Temporary Construction Entrance ---------------------- Existing V Minor Contour _ - Proposed Stream Alignment Proposed Transplanted Sod Mats See Detail 2, Sheet 4.3 Proposed Construction Entrance See Detail 4, Sheet 4.4 Existing Thalweg _ _ _ Proposed Bankfull Existing Utility Easement Proposed 5' Major Contour Proposed Brush Toe=i _ Proposed Silt Fence See Detail 1, Sheet 4.5 See Details 3, Sheet 4.3 Existing Overhead Electric Line Proposed 1' Minor Contour Proposed Stone Outlet Existing Edge of Pavement CR-NM Proposed Native Material Constructed Riffle See Detail 1, Sheet 4.1 Proposed Rock Outlet ® See Detail 2, Sheet 4.5 J` � Existing Overhead Electric Pole See Detail 2, Sheet 4.6 Proposed Temporary Stream Crossing - TimberMat R-w Proposed woody Riffle See Detail 3, Sheet 4.5 See Detail 2, Sheet 4.1 Existing Wetlands R-AL Proposed Angled Log Riffle Proposed Permanent Culvert Crossing _ _ _ _ _ _ _ Proposed Haul Road See Detail 3, Sheet 4.1 CR-CH Proposed Chunky Riffle Potential Rock Harvest Area Proposed Stockpile/ Staging Area Existing Treeline See Detail 1, Sheet 4.2 Proposed Lunker Log LOO Proposed Limits Of Disturbance Existing Tree See Detail 2, Sheet 4.2 SAp Proposed Tree Protection Fencing Proposed Angled Log Drop See Detail 4, Sheet 4.5 See Detail 3, Sheet 4.2 Proposed Boulder Sill See Detail 4, Sheet 4.2 O Proposed Log J-Hook v See Detail 1, Sheet 4.3 Cn Q m JW �No o v �w 0 u 00 z oz .w z_ 0 F-I U aZ w = - p. - �zrE r-i m LL �1 O E W m 505 500 495 .6 + .6 In m PROPOSED BANKFULL j j _ PROPOSED GRADE STA=110+66�+ .. N ELEV=499.19 .++ a w + m ~ w o w STA=111+36 m r W — -0'S%' \ N EL EV= 498.84 v n r n 1 I -1.3% \ / \ ram\ \ — __ ---0.5% -- —_ I // 1.5% w m + a ry 0 EXISTING GROUND +o ry n o n w + u ai n w .+++ n ai n m .6 u F m H 00 F a+ m + 0 m .". v a m STA = 112+65 a >R ELEV = 495.86 a 1. l 490 108+60 109+00 109+50 110+00 110+50 111+00 111+50 BANKFULL WIDTH = 16.2' - BANKFULL WIDTH = 21.0' - TOP OF TOP OF 5.7' 4.8' BANK 12.0' 3.0' 6.0' - BANK 11 .7' Is, PROPOSED IDmax=1.9' PROPOSED BANKFUIOPOSED Z ' BANKFULL Dmax=3.0' y. 1 GRADE PROPOSED 4:1 8.1 GRADE 0.6' TW OFFSET PROPOSED ALIGNMENT�� PROPOSED ALIGNMENT 8.1 MARTIN DA03Y REACH 2 - TYPICAL SECTION: REFFLE MARTIN DAIRY REACH 2 -TYPICAL SECTION: POOL STA 107+80 TO 119+87 STA 107+90 TO 119+87 112+00 112+50 113+00 BANKFULL WIDTH = 21.0' 175 PROPOSED .5I BANKFULL nm=V = PROPOSED GRADE PROPOSED ALIGNMENTS I MARTIN DAIRY REACH 2 - TYPICAL SECTION: POOL WITH STRUCTURE STA 107+80 TO 119+87 505 Q m � 6 � w uz z aW �u"i oz�w Z � - Q =mm� O �zrE a Z w 3 LL 500 rri r m 495 490 113+20 0' 3' 6' 9' 0' Z 2' 4' 6' (VERTICAL) 0' 20' 40' 60' (HORIZONTAL) 505 500 495 o m m a � w ry o000 m ti v v o v, PROPOSED BANKFULL F n R o o u n v N a a o 0 0 N w + N'' r w m n m ¢ „> ¢ r All a w lw tt w in wR r� 1 I EXISTING GROUND 1-1.4%I I / I I 1 I I I I PROPOSED GRADE STA=116+56 ELEV= 493.98 STA=117+69 ELEV = 493.36 490 113+20 113+50 114+00 114+50 115+00 115+50 116+00 BANKFULL WIDTH =16.2' BANKFULL WIDTH = 21.0' TOP OF TOP OF 5.7' 4.8' 5.7' BANK 12.0' _ _ _ 3.0' (II 6.0' BANK _ _ PROPOSED ID...'-- 1.9' 3. 1 PROPOSED BANKFUIhOPOSED 3.•1 BANKFULL Dmax=3.0' ti 1 GRADE PROPOSED a�l I GRADE O.fi'TW OFFSET PROPOSED ALIGNMENT PROPOSED ALIGNMENT �8.1 MARTIN DAIRY REACH 2 - TYPICAL SECTION: RIFFLE MARTIN DAIRY REACH 2 -TYPICAL SECTION: POOL STA 107+80 TO 119+87 STA 107+80 TO 119+87 OO� LO CE loll LOD ' Y�CE O�LW CE OD —lOD ; �Lt� �� to1 001 — II CIO, DOTS 4 aoT Doi --- __ OO\ ____________`-- n 116+50 BANKFULL 117+00 WIDTH = 117+50 PROPOSED _.,' S:1 GRADE 5.5' TW OFFSET — PROPOSED ALIGNMENT MARTIN DAIRY REACH 2 - TYPICAL SECTION: POOL WITH STRUCTURE STA 107+80 TO 119+87 c00 � C E 4- 100 I\ I I -Lu 505 500 495 490 117+75 I/) Q m �w �u 6 aW �u"iz Z O e, F=I w =wO1u �zrE raO i 3 LL m (z .r 0 = 3.5' Q U o' ate+ 00 0' 3' 6' 9' I� O 54-j E0 O Z o C ¢ 0' 2' 4' 6' m (VERTICAL) 0' 20' 1. 60, E W (HORIZONTAL) a 2 v Streambank Planting Zone (See Detail 1, Sheet 4.4) Buffer Planting Zone & Permanent Riparian Seed Mix (See Detail 2, Sheet 4.4) Utility Easement Planting one (Permanent Riparian Seed Mix) ® ® ® ® Easement Perimeter Additional Planting 1 Gallon Stems (See Detail 4, Sheet 4.6) Notes: 1. Utility Easement Planting Zone to be seeded with permanent riparian seed mix. No trees are to be planted in this zone. 2. 10 1-gallon stems of Eastern Redbud and Flowering Dogwood to be spread out along the Easement Perimeter Planting zone. This area is to be interspersed with species from the Buffer Planting Zone to get the appropriate planting density for the Buffer Planting Zone of 6-12 ft. spacing on center. 3. Permanent Seeding Outside Easement to be used in areas outside of the Conservation Easement but within the Limits of Disturbance. Easement Perimeter Additional Planting Containerized Species Common Name Max Spacing Indiv. Spacing Min. Caliper Size Stratum #of Stems Cemis canadensis Eastern Redbud 24 ft. 12-24 ft. 1 3 gallon Canopy 1 5 Comus florida Flowering Dogwood 24 ft. 12-24 ft. 3 gallon Canopy 5 Streambank Planting Zone Live Stakes Species Common Name Max Spacing Indiv. Spacing Min. Sim Stratum % of Stems Salix nigra Black Willow 8 ft. 2-8 ft. 0.5"-1.5" cal. Shrub 15% Co— ammonium Silky Dogwood 8 ft. 2-8 ft. 0.5"-1.5" cal. Shrub 35% Salix sericea Silky Willow 8 ft. 2-8 ft. 0.5"-1.5" cal. Shrub 35% Physocarpos opulifolius Ninebark 8 ft. 2-8 ft. 0.5"-1.5" cal. Shrub 15 % 100 % Herbaceous Plugs Juncus of usus Common Rush 5 ft. 3-5 ft. 1.0%2.0" plug Herb 40 % Carex slats Broadwing Sedge 5 ft. 3-5 ft. 1.0%2.0" plug Herb 40% Panicum virgatum Switchgrass 5 ft. 13-5 ft. 1.0%2.0" plug Herb 211 100 % Permanent Seeding Outside Easement Approved Species Name Common Stratum Density Date Name (Ibslacre) All Year Festuca Tall Fescue Herb 40 arundinacea Temporary Seeding Pure Live Seed Approved Date Species Name Common Name Stratum Density (Its/acre) Aug 15 - May 1 Secale cemale Rye Grain Herb 140 May 1 - Aug 15 Setaria italics German Millet Herb 50 \ Buffer Planting Zone Bare Root Species Common Name Max Spacing Indio. Spacing Min. Caliper Sim Stratum # of Stems Quercus phellos Willow Oak 12 ft. 6-12 ft. 0.25"-1.0" Canopy 12% Plafanus occidenfalis Sycamore 12 ft. 6-12 ft. 0.25"A.0" Canopy 22% Befula nigra River Birch 12 ft. 6-12 ft. 0.25"-1.0" Canopy 16 Liriodendron tulipifera Tulip Poplar 12 ft. 6-12 ft. 0.25"-1.0" Canopy 16% Quemus palustns Pin Oak 12 ft. 6-12 ft. 0.25"-1.0" Canopy 14 % Fraxinus pennsy/vanice Green Ash 12 ft. 6-12 ft. 0.25"A.0" Canopy 18 % 'Cemis canadensis Eastern Redbud 24 ft. 12-24 ft. 0.25"A.0" Canopy 1 % 'Comus Oonds Flowering Dogwood 24 ft. 12-24 ft. 0.25"A.0" Canopy 1 % 100% . 1 1— 1p-- w ue Pianreu awn%eaaernem Pei Mu— umy. Space evenly throughout perimeter, mixing with other above species. Permanent Riparian Seeding Pure Live Seed (20 lbs/ acre) Approved Date Species Name Common Name Stratum Density (Ibslacre) pH Percentage All Year Panicum rigidulum Redtop Panicgrass Herb 1.5 5.0-7.5 5% All Year Agrostishyemalis Winter Sentgmss Herb 4.0 5.0-7.5 20% All Year Chasmanthium latifolium River Oats Herb 2.0 5.0-7.0 10 % All Year Rudbeckia hirta Blackeyed Susan Herb 1.0 6.0-7.0 5% All Year Coreopsis lanceolata Lanceleaf Coreopsis Herb 1.0 6.0-7.0 5% All Year Ca— vulpinoidea Fox Sedge Herb 3.0 6.8-8.9 15 % All Year Panicum clandestinum Deenongue Herb 3.5 4.0-7.5 20% All Year Elymus virginicus Virginia Wild Rye Herb 2.0 5.0-7.4 10% All Year Asclepias synca Common Milkweed Herb 0.2 5.5-7.3 1% All Year Baptisia ausfralis Blue False Indigo Herb 0.2 <6.8 1 % All Year Gaillardia pulchella Annual Gaillardia Herb 1.0 7.0-8.5 5% All Year Echinaces purpurea Pale Purple Coneflower Herb 0.6 6.5-7.2 3 % 100 % 0 �. II - Z -mem7 to Q m z0 vim "d aW Uui ozmzw Z 0- Q =mm� raO �zrE w 3 LL m 1 0' 80, 160' 240' M R O J (HORIZON—) N E W m POWERLINE EASEMENT MONITORING AND MAINTENANCE ACCESS CONSTRUCTION ENTRANCE (TYP.) ----- ---------------- - oHE�-CHE------ @ CE— C-EL \ {E �E to - � _ �0' Z TCE Z c m .... .__--- --------- ----- ---- a zE ------------ -- _ CONSTRUCTION ENTRANCE (TYP.) ~ TO REMAIN AFTER CONSTRUCTION LL oHE �cHE---_nHE�—��{E � � H�-, '�E —oHE�oHE� {E CE ° 1 \ \ STAGING AND STOCKPILE AREA (TYP.) I - TEMPORARY STREAM CROSSING ~ TIMBER MAT (TYP.) 1 1 LOD — I OD — OD I eoa HAUL ROAD (TYP.) m 9 _ 9 I --'— too-�LO I \\\ LOD LOD LOD \\ ,l 0CE —� `LOD —LOD LOD LOD -- --- pCF \ \ � �— —�\\-- ----/ --- 0 rLaCO of I !�- ,V N A"A' C"A A A,V'V ,,- \< —� 3J oor 00� °0i 3S..-- 3J 3J ooi 001 OOl — 1 DISTURBED ACREAGE = 9.86 — — — — \ ce . \ \\ \ SAF SAF\ °o'I� Do 901� °°lam °ol� 007 _ Oot Doi S9F --� SAF INSTALL SAFETY FENCE BETWEEN ANY AREA OF o ROCK HARVEST ACTIVITY AND EXISTING WETLANDS - - - - % ' - - \ I - - _ _ _ _ - _ _ _ / �? 37 ALL OR A PORTION OF THIS AREA MAY POTENTIALLY 37 3J 1J 3J 3J 3J 30 3J 30 30 30 30_ 0 0° BE USED TO HARVEST ROCK FOR INSTREAM STRUCTURES Temporary Seeding Pure Live Seed Approved Species Name Common Name Stratum Density Date (lbs/acre) Aug 15 - May 1 Secale cereale Rye Grain Herb 140 May 1 - Aug 15 Setana iia/ica Gemem Millet Herb 50 SAF Erosion Control Features Proposed Construction Entrance See Detail 4, Sheet 4.4 �I I\I I �I o PROPOSED CULVERT 'oD too S �� O 06 001 °Ol OOP/ / _i Proposed Silt Fence See Detail 1, Sheet 4.5 °° ® Proposed Silt Fence Outlet See Detail 2, Sheet 4.5 /`pD� i , °o \ Proposed Temporary Stream Crossing (Timber Mat) VpO 00t/ See Detail 3, Sheet 4.5 // 001 Proposed Pump Around See Detail 3, Sheet 4.4 °°// / / / / 001__-- \ pOA AREA OF TREE HARVEST / o FOR INSTREAM STRUCTURES _I Proposed Haul Road ® Proposed Stockpile/ Staging Area o °o LOD Proposed Limits Of Disturbance SAF Proposed Tree Protection Fencing See Detail 4, Sheet 4.5 LANDOWNER INFORMATION: TED H. MARTIN AND RUBY Y. MARTIN 7205 SCHLEY ROAD HILLSBOROUGH, NC PID: 9896839111, 9896832481, 9896736933 (919)732-3560 rz HEAD OF RIFFLE ELEVATION POINT PER PROFILE Profile A -A' SEE PROFILE FOR LENGTH OF RIFFLE F— B' HEAD 2F RIFFLE g z OWO A, 0=� mom LL3� z TOE OF SLOPE (TYP) TAIL OF RIFFLE ELEVATION PONT PER PROFILE Plan View B RIFFLE MATERIALS TABLE REACH BOTTOM WIDTH (FT) RIFFLE THICKNESS (IN) RIFFLE MATERIAL STONE SIZE (% OF MATRIX) Martin Dairy R1 4.6 16 Class A (50 % ), Class B (50 % ) Martin Dairy R2 4.8 16 Class A (50 % ), Class B (50 % ) UT1 2.8 12 Class A (50 % ), Class B (50 % ) 1. This applies to all constructed riffles in the plans. 2. All Riffle material shall be compacted in lifts at a thickness not to exceed Dmax. 3. There shall be equal distribution of the various stone sizes within the required size range 12-16" LAYER OF COBBLE/GRAVEL BED MATERIAL MAY BE SALVAGED ON -SITE RIFFLE INVERT PER PROFILE - THALWEG 0.1' -0.2' DEEPER THAN REST OF RIFFLE TO PROVIDE LOW FLOW PATH �/�// /�// /�//�� �� TOP OF BANK (TYP) Section B-B' RIFFLE MATERIAL TO EXTEND 3" UP TOE OF BANK (TYP.) 1 Native Material Constructed Riffle 4.1 Not to Scale HEAD OF RIFFI F FI FVATInN POM BURY INTO BANK 5' MII a � ON BOT THALWEG 12-16" LAYER OF FLOW TOP OF BANK COBBLE/GRAVEL BED NORMAL WATER MATERIAL MAY BE SALVAGED SURFACE ON -SITE i St 5' MIN. (TYP) NONWOVEN FILTER FABRIC Profile View NLL AA -A' o Y �m 2'YK?, ° l h �, TOE OF TOP OF BANK SLOPE Lop Section B-B' FOR STRUCTURES WHERE THERE IS A DROP OVER THE DOWNSTREAM POOL. PLACE LOG AT TAIL OF RIFFLE NOTE: ACCORDING TO ELEVATION IN PROFILE 1. BOULDER MATERIAL CAN BE SUBSTITUTED IN PLACE OF ANGLED LOGS WITH APPROVAL OF ENGINEER. 2. MINIMUM LOG DIAMETER 12". iq Plan View 3. MI RIFFLE UMLENONETH LOONE LOPER G PER 0.3' (q 1 Angled Log Riffle OF DROP, WHICHEVER IS LESSER 4.1 N.t to e DISTANCE. 101�� CR-ALR TO 65° (TYP) BANKFULL DIAMETER OR .ATER (TYP) AT 12-16" LAYER OF COBBLE/GRAVEL BED MATERIAL MAY BE SALVAGED ON -SITE Micro Pool HEAD OF RIFFLE ELEVATION POINT PER PROFILE � z L- 0.0 Gau FLOW m o J y.� 3" - 6" DIAMETER WOODY DEBRIS MATERIAL WORKED INTO RIFFLE SUBSTRATE PERPENDICULAR TO FLOW SEE PROFILE FOR LENGTH OF RIFFLE RIFFLE NOTES: 1. NO WOOD SHALL BE INSTALLED PARALLEL TO FLOW DIRECTION 2. INSTALL WOOD FIRST AND THEN BACKFILL WITH CHANNEL GRAVEL AND COBBLE 3. WOODY MATERIAL AND SNAGS SHOULD NOT PROTRUDE MORE THAN 4" INTO THE CHANNEL CROSS-SECTION ABOVE PROPOSED GRADE. 3" TO 6" DIAMETER WOODY DEBRIS C/) WORKED INTO RIFFLE SUBSTRATE MICRO POOL HABITAT r) BEHIND LARGER WOODY DEBRIS I --I m 044!�12-16" W oZoqz�Z 2 - Z z r E LL LAYER OF COBBLE/GRAVEL BED MATERIAL MAY BE SALVAGED ON -SITE TAIL OF RIFFLE ELEVATION PONT PER PROFILE Section A -A' DEEPER MTHALWEG 0.1'- MULRESTOW FOLF RIFFLE OW PATH02PROVIDE THAN TOE OF SLOPE (TYP) 3" TO 6" BRUSHY MATERIAL TOP OF BANK WORKED INTO ROCKY SUBSTRATE TOP OF BANK (TYP) TOE OF SLOPE � MICRO POOL HABITAT o BEHIND LARGER WOODY DEBRIS 12-16" LAYER OF LOG EXPOSED 1" TO 3" ABOVE Plan View COBBLE/GRAVEL BED MATERIAL FINISHED RIFFLE ELEVATION MAY BE SALVAGED ON -SITE Section B-B' 2 Woody Riffle 4.1 N.t to c e �% LJ a) LENGTH VARIES PER PLAN TOP OF BANK (TYP) B TOE OF SLOPE (TYP) HEAD OF RIFFLE TAIL OF RIFFLE ELEVATION POINT ELEVATION POINT PER PROFILE 01PER PROFILE O O O O �► A C' CLASS 1 STONE 12-16" LAYER OF OR SALVAGED COBBLE/GRAVEL BED ONSITE BOULDERS MATERIAL MAY BE SALVAGED MIN SIZE 0.5'x1'x1.5' ON -SITE 3" MAX NOTE: CHUNKY MATERIAL ELEVATION SHALL BE 0" TO 8" ABOVE RIFFLE MATERIAL BASED ON ENGINEER'S DISCRETION. 10" - 15" ANGLE \ • A' SILL ELEVATION PER PROFILE (TYP) L FLOW BACKFILL �, B' KEY LARGER MATERIAL INTO BANKS INTERMITTENTLY ALONG RIFFLE LENGTH TO PREVENT PREFERENTIAL FLOW ALONG TOE OF SLOPE Plan View 12-16" LAYER OF COBBLE/GRAVEL BED MATERIAL MAY BE SALVAGED ON -SITE CLASS 1 STONE OR SALVAGED RIFFLE INVERT PER PROFILE ONSITE BOULDERS MIN SIZE 0.5'xl'xl.5' r TOP OF BANK (TYP) r 3" MAX i 1 Chunky Riffle 4.2 Not to Scale RIFFLE MATERIAL TO EXTEND 3" UP TOE OF BANK Section B-B' ® •sm- mom �- " ��� FLOW SILL ELEVATION PER PROFILE 12" - 15" DIAMETER LOG POOL LENGTH PER PROFILE BACKFILL STREAMBED \�l � POOL DEPTH PER PROFILE A'i\`% T'o / I NONWOVEN FILTER FABRIC OR C125BN MATTING AS DIRECTED BY ENGINEER /POOL / f_ - 1 / TOE OF SLOPE (TYP) TOP OF BANK (TYP) g. EXCAVATE BANK AROUND POOL To 25%BAN KFULL WIDTH Plan View COVER WITH SOD MAT OR TRANSPLANT MATERIAL NOTE: WILLOW TRANSPLANTS 77777 ONLY TO BE USED ON MARTIN DAIRY. NOT FOR USE ON UTl. EMBED LOG 4' (MIN.) 3 Angled Log Drop 4.2 Not to Scale EXTEND FILTER FABRIC 5' MIN. UPSTREAM CHANNEL SOD MAT BOTTOM WIDTH n i SILL ELEVATION 12" - 15" DIAMETER LOG _ PER PROFILE (TYP) Section B - B' Plan View SOD MAT COVER LOG TO BE SET AT ELEVATION 0.2' HIGHER THAN TAIL OF UPSTREAM RIFFLE COVERLOG FOOTER LOG �1 BURIED 6" BELOW MAX POOL DEPTH Section A -A' Lunker Log 2 4 2 Not to Scale Y w m ° 3 12" NOMINAL THICKNESS O p A '^ OF EQUAL PARTS p Wo f F CLASS A, B, AND 1 STONE A A A A B' B A' VA/AA/ �FI TER FABRIC SILL ELEVATION EXTEND FILTER PER PROFILE FABRIC 5' MIN. UPSTREAM Plan View Profile A -A' TOP OF BANK SILL ELEVATION PER PROFILE HEADER ROCK 1.5' MIN f� FOOTER ROCK EMBED 5' INTO Section B-B' BANK (TYP) NOTES: 1. MINIMUM SILL MATERIAL IS CLASS 1. 2. FOOTERS NOT NECESSARY IF ROCK IS CLASS 2 OR GREATER. Boulder Sill a.2 Not to Scale TRANSPLANT/BRUSH TOE TO HEAD OF DOWNSTREAM RIFFLE BOULDER SIZE TABLE REACH MIN. BOULDER DIMENSIONS (FT) Martin Dairy R1 2.5 x 2.0 x 1.0 Martin Dairy R2 2.5 x 2.0 x 1.0 UT1 1.5x 1.5x 1.0 Boulders shall be relatively flat on the long dimension sides m Q m z0 v.m � 0 wo I-� w U v�i Z z O m W Z - Q0 =Rpm E raO I "' 3 LL m PLACE HEADER BOULDERS WITH V TO 2' CLEAR SPACE BETWEEN ROCKS FLOW B > 1! INVERT ELEVATION PER PROFILE PLACE HEADER BOULDER TO PREVENT LOG FROM SHIFTING. VANE STRUCTURE TABLE REACH W (FT) H (FT) Y (FT) O (°) S (% ) Martin Dairy R1 1.5 0.9 11.1 25.0 0.1 Martin Dairy R2 1.6 1.0 12.1 25.0 0.1 UT1 0.9 0.6 7.0 25.0 1 0.1 TOP OF ELEV. 6" ABOVE DOWNSTREAM RIFFLE INVERT ELEV. 6" BELOW POOL DEPTH 12-16" LAYER OF COBBLE/GRAVEL BED MATERIAL MAY BE SALVAGED ON _SITE FLU w7= B' OFFSET HEADER LOG 0.25' TO 0.5' UPSTREAM OF FOOTER LOG HEADER LOG 12-15" DIAMETER / FOOTER LOG 12-15" DIAMETER FILTER FABRIC EXTENDS 5' MIN. Log J-Hook 4.3 Not to Scale BOULDERS SHALL BE RELATIVELY FLAT ON THE LONG DIMENSION SIDES HEADERLOG TOOTER LOG Section B-B' 12-16" LAYER OF /COBBLE/GRAVEL BED MATERIAL MAY BE SALVAGED ON -SITE NONWOVEN FILTER FABRIC Section A -A BOULDER SIZE TABLE REACH MIN. BOULDER DIMENSIONS (FT) Martin Dairy R1 2.5 x 2.0 x 1.0 Martin Dairy R2 2.5 x 2.0 x 1.0 UT1 1.5x 1.5x 1.0 MATTING ACKED WOODY DEBRIS MATERIAL TO BE INSTALLED KITH BANK 3' WIDTH PER TYPICAL SECTIONS BACKFILL EROSION CONTROL MATTING TO BE TOPPED WITH SOD IF AVAILABLE DENSELY PACKED BRUSH, WOODY DEBRIS AND SOIL TRANSPLANTED SOD AND ROOTMASS TOP OF BANK TAIL OF RIFFLE Section View Riffle Installation NOTES: 1. PREPARE THE BANK WHERE THE SOD MAT WILL BE TRANSPLANTED BY RAKING & FERTILIZING. 2. EXCAVATE TRANSPLANTSOD MATS WITH A WIDE BUCKETAND AS MUCH ADDITIONAL SOIL MATERIAL AS POSSIBLE. 3. OVER EXCAVATE PROPOSED BANK SO THAT SOD MAT WILL BE PLACED TO ACHIEVE FINAL GRADE SHOWN ON PLANS. 4. PLACE TRANSPLANT ON THE BANK TO BE STABILIZED. 5. SECURE WITH SOD STAPLES. 6. FILL I N ANY HOLES AROUND THE TRANSPLANTAND COMPACT. 7. ANY LOOSE SOIL LEFT IN THE STREAM SHOULD BE REMOVED. 8. PLACE MULTIPLE TRANSPLANTS CLOSE TOGETHER SUCH THATTHEY TOUCH. FLOW POOL 2 Transplanted Sod Mats 4.3 Not to Sca e I -I m SS 1� w zuzmZ �i 6 UZ vm ZW I-� w O Z �° Q� aZ w vO1u - �zrE OF BANK I -I 3 LL / HEAD OF RIFFLE m TOE OF SLOPE U) Q NOTES: TOP OF BANK 3-5' [' LIVE STAKE (TVP) SEE PLAN VIEW EROSION CONTROL TOP OF BANK FOR SPACING MATTING OR SOD MAT (SEE DETAIL 3, SHEET4.6)/�/�/ �/TOP OF BANK HERBACEOUS PLUG (TYP)A � / A TOE OF SLOPE"— 111, rpm 6' SPACING FOR LIVE STAKES Plan View - Martin Dairy TOP OF BANK I I I TOE OF SLOPE 5' SPACING FOR HERBACEOUS PLUGS rM 6' SPACING FOR LIVE STAKES Plan View - UT1 NOTE: 1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON PLANS AND AS DIRECTED BY THE ENGINEER. IMP (`• Section View - Martin 3-5' HERBACEOUS PLUG (TYP) LIVE STAKE (TVP) SEE PLAN VIEW EROSION CONTROL TOP OF BANK FOR SPACING MATTING OR SOD MAT (SEE DETAIL 3, SHEET 4.6) ,���� �/�� TOP OF BANK TOE OF SLOPE 1 Live Staking & Herbaceous Plugs 4.4 Not to Scale (SLL INSLI"A") (SEE INSET"C") �ee!ein-ee HIGH STRENGTH DOUBLE STITCHED "J" TYPE SEAMS. 3 PLACED ON ) OR STRAW., Section View - UT1 20 wk O 1/2" TO 2" J a DIAMETER m O o� �w NF Live Stake Detail BUFFER WIDTH DIBBLE BAR VARIES 'z O -o m o I r ? I I DIBBLE BAR SHALL HAVE A BLADE Z o, o' 6 a(�3r BANKFULL Y �4 1' �1 WITH CROSS-SECTION, LAD � w � -e t 1 CROSS-SECTION, AND SHALL BE 12 NOTES: a w o z m N I INCHES LONG, 4 INCH ES WIDE AND Z a_om� ` v `` v 1. ALL SOILS WITHIN THE BUFFER RESTORED lI NCH THICK AT CENTER. v yv PLANTING AREA SHALL BE DISKED, AS E CH -NNEL REQUIRED, PRIOR TO PLANTING. LL 2. ALL PLANTS SHALL BE PROPERLY rv HANDLED PRIORTO INSTALLATION TO m ROOTING PRUNING ENSURE SURVIVAL. SPACING PER ALL ROOTS SHALL BE PRUNED TO PLANTING PLAN AN APPORIATE LENGTH TO Section View PREVENT J-ROOTING. OO2 3 O4 It INSERT THE DIBBLE, OR REMOVE THE DIBBLE, OR INSERT THE DIBBLE, OR PUSH THE DIBBLE, OR SHOVEL, STRAIGHT DOWN SHOVEL, AND PUSH THE SHOVEL, SEVERAL INCHES IN SHOVEL, DOWN TO THE INTO THE SOILTO THE FULL SEEDLING ROOTS DEEP INTO FRONT OF THE SEEDLING FULL DEPTH OF THE BLADE. DEPTH OF THE BLADE AND THE PLANTING HOLE. PULLTHE AND PUSH THE BLADE PULL BACK ON THE HANDLE SEEDLING BACK UP TO THE HALFWAY INTO THE SOIL. TO OPEN THE PLANTING CORRECT PLANTING DEPTH TWIST AND PUSH THE HOLE. (DO NOT ROCK THE (THE ROOT COLLAR SHOULD BE HANDLE FORWARD TO SHOVEL BACK AND FORTH 1 TO 3 INCHES BELOW THE SOIL CLOSE THE TOP OF THE SLIT AS THIS CAUSES SOIL IN THE SURFACE). GENTLY SHAKE THE TO HOLD THE SEEDLING IN PLANTING HOLE TO BE SEEDLI NGTOALLOWTHE PLACE. COMPACTED, INHIBITING ROOTS TO STRAIGHTEN OUT. ROOTGROWTH. DO NOT TWIST OR SPIN THE SEEDLING OR LEAVE THE ROOTS J-ROOTED. SEWN IN SPOUT EXISTING TERRAIN DEWATERING BAG tHIGH STRENGTH STRAPPING 8" OF CLASS B RIPRAP DEWATERING FOR HOLDING HOSE / FOR WIDTH OF PAD •• BAG IN PLACE. —WATER FLOW STREAM BED FROM PUMP 15 FLEXIBLE \FILTER FABRIC DISCHARGE HOSE 15' to 20' Inset "A" NOTE: Dewatering Bad 1. PROVIDE STABILIZED OUTLET TO STREAMBED. SAND BAG (24" X 12" X 6") ORSTONE. IMPERVIOUS SHEETING FLOW Inset "B" -RVIOUS DIKE Impervious Dike INSET "B") )UTLET APAND R FABRIC. FILTER FABRIC STABILIZED OUTLET USING CLASS B RIPRAP TRENCHED INTO EXISTING GROUND A MINIMUM OF 6". SIZE AND LOCATION TO BE DETERMINED IN THE FIELD BYTHE ENGINEER. FLEXIBLE DISCHARGE HOSE FROM 10' MIN. /Z PUMP AROUND PUMP HELD IN PLACE WITH SAND BAGS AS NEEDED. Pum Around System Inset 3 Stabilized Outlet 4.4 Not to Scale m Bare Root Planting 4.4 Not to Scale 2"-3" DIAMETER C PULL BACK ON THE HANDLE TO CLOSE THE BOTTOM OF THE PLANTING HOLD. THEN PUSH FORWARD TO CLOSE THE TOP, ELIMINATING AIR POCKETS AROUND THE ROOT. 8" MIN. DEPTH \ 1 O REMOVE THE DIBBLE, OR SHOVEL, AND CLOSE AND FIRM UP THE OPENING WITH YOUR HEEL. BE CAREFUL TO AVOID DAMAGING THE SEEDLING. y'L �i, NOTES: 1. PROVIDE TURNING RADIUS SUFFICIENT TO ACCOMMODATE LARGE TRUCKS. 2. LOCATE CONSTRUCTION ENTRANCE AT ALL POINTS OF INGRESS AND EGRESS UNTIL SITE IS STABILIZED. PROVIDE FREQUENT CHECKS OF THE DEVICE AND TIMELY MAINTENANCE. 3. MUST BE MAINTAINED INACONDITION WHICH WILL PREVENT TRACKING OR DIRECT FLOW OF MUD ONTO STREETS. PERIODICTOP DRESSING WITH STONE WILL BE NECESSARY. - 4. ENTRANCE WILL BE EXTENDED AS NEEDED TO PROVIDE ADEQUATE SEDIMENT REMOVAL. S. ANY MATERIAL TRACKED ONTO THE ROADWAY MUST BE CLEANED IMMEDIATELY. 6. USE 2"-3" DIAMETER COARSE AGGREGATE STONE APPROVED BY THE a ^ ENGINEER. M 8 7. PLACE FILTER FABRIC BENEATH STONE. a�Fl n Construction Entrance v m 4.4 Not to Scale E w m A v NOTES 8' MAX. WITH WIRE MIDDLE AND VERTICAL WIRES SHALL BE 12iGAGE MIN. FILTER FABRIC I 1 TOP AND BOTTOM STRAND 24" MAX SHALL BE 10 GAUGE MIN. WIRE FILTER FABRIC NOTES: COMPACTED FILL 1. USE WIRE A MINIMUM OF 32" IN WIDTH AND WITH A MINIMUM OF 6 LINES OF WIRES WITH 12" STAY SPACING. 2. USE FILTER FABRIC A MINIMUM OF 36" IN WIDTH °p AND 18" IN HEIGHT, AND FASTEN ADEQUATELY TO THE WIRES AS DIRECTED BY THE ENGINEER. 3. EXTEND FILTER FABRIC A MINIMUM OF 4" INTO 4" TRENCH. EXTEND FABRIC 4. PROVIDE S'STEEL POST OF THE SELF -FASTENER INTO TRENCH ANGLE STEEL TYPE. 1 Temporary Silt Fence 4.5 Not to Scale RUBBER STALL MAT TIMBER MATS EXISTING GROUND 1. STRUCTURAL STONE SHALL BE (CLASS "B") STONE FOR EROSION CONTROL PURPOSES. 2. SEDIMENT CONTROL STONE SHALL BE NO. 5OR NO. 57 STONE. fix] U- F- 5' WATER DIVERSION CHANNEL 1 5 SUPPORT LOG FILTER FABRIC 12" DIAMETER MIN. CLASS B STONE NOTE: 1. CONSTRUCT STREAM CROSSING WHEN FLOW IS AT NORMAL BASEFLOW. 2. MINIMIZE CLEARING AND EXCAVATION OF STREAMBANKS. DO NOT EXCAVATE CHANNEL BOTTOM. 3. INSTALL STREAM CROSSING PERPENDICULAR TO THE FLOW. 4. MAINTAIN CROSSING SO THAT RUNOFF IN THE CONSTRUCTION ROAD DOES NOT ENTER EXISTING CHANNEL. 5. STABILIZE AN ACCESS RAMP OF CLASS B STONE TO THE EDGE OF THE MUD MAT. 6. CONTRACTOR SHALL DETERMINE AN APPROPRIATE RAMP ANGLE ACCORDING TO EQUIPMENT UTILIZED. 7. THERE SHALL BE NO SPACES BETWEEN LOGS ON TIMBER MAT. 8. SILT FENCE TO BE INSTALLED AT 45° ANGLE TO THE ROAD WITH STONE OUTLET AT EACH CORNER OF THE TEMPORARY CROSSING TO FILTER ANY SEDIMENT AND DEBRIS FROM HAUL ROAD FROM ENTERING THE STREAM. 3 Temporary Stream Crossing - Timber Mat 4.5 Not to Scale REMOVE DEBRIS FROM Section View SILT FENCE SEDIMENT FLOW CONTROL • '.I l• I• y� VAN CROSS-SECTION VIEW STRUCTURAL STONE 2 Stone Outlet 4.5 Not to Scale Tree Protection Fencing 4.5/ Not to Scale RROR4 ERS SHALL BE REMOVED PRIOR ATION. ALL TREE PROTECTION I —I m z� 90�0 �lw z�mLL .8 6 H w O uz Z. Z m Z � Z E �i, STRAW WA EXISTING GROUND Section View STRAW WA - EXISTING GROUP Section View A -A' 6" NORMAL THICKNESS WELL GRADED MIXTURE OF CLASS A AND CLASS B STONE. T OVERLAP NOTE: �— T-4' 1. SECURE THE WATTLE WITH 24" STAKES EVERY 3'-4' AND WITH A STAKE ON EACH END. STAKES SHOULD BE DRIVEN THROUGH THE MIDDLE OF THE WATTLE LEAVING AT LEAST 2"-3" OF STAKE EXTENDING ABOVE THE WATTLE. STAKES SHOULD BE DRIVEN PERPENDICULAR TO SLOPE FACE. Temporary Straw Wattle 4.6 Not to Scale 1' MIN. OVERLAP IN DOWNSTREAM DIRECTION AT MAT ENDS STAKE (TYP) TOP OF BANK \ \ TOE OF SLOPE Plan View 1.25"1 EROSION CONTROL V. MATTING (TYP) TOP OF BANK 6" 0.4" STAKE (TYP) TOE OF SLOPE ,"�/� / i✓/T���/�//� �/ ����� Typical Stake Section View NOTE: 1. PER SPECIFICATIONS, ALL EROSION CONTROL MATTING SHALL BE COMPOSED OF NATURAL FIBERS. 3 Erosion Control Mattin 4.6 Not to Scale 6" NORMAL THICKNESS WELL GRADED MIXTURE OF 1 CLASS A AND CLASS B STONE. Y l - _-------- FLOW LENGTH VARIES I SEE PLAN SHEETS Section A -A' ww x Z 6" NORMAL THICKNESS g WELL GRADED MIXTURE OF w w CLASS A AND CLASS B STONE. B' v X NONWOVEN FILTER FABRIC A' Section B-B' Plan View 2 Rock Outlet 4.6 Not to Scale 2' TYPICAL 2x CONTAINER WIDTH 4 Containerized Planting 4.6 Not to Scale m Q m z� 90�0 �l w o U Z O Z m W 0 w HZ 21 � 3 LL m TOP 4" ABC STONE. ROAD EXTENDS TO EDGE OF CONSERVATION EASEMENT CORNERS 1' DEEP 50/50 MIX CLASS A AND CLASS B RIP RAP. ELEVATIONS PER GRADES SHOWN ON PLANS. EXISTING GRADE 10' OVERFLOW CHANNEL TYPE 2 WOVEN FILTER FABRIC 50/50 MIX CLASS AAND CLASS B RIP RAP PER GRADES SHOWN ON PLANS. I I { -,' DITCH RE -ALIGNMENT I I I I I N LET STATI O N 119+81 I I 2X60"CMP INV. IN ELEV 491.50' INV. OUT ELEV. 491.25' Se • 'Ix . TIE IN TO EXISTING CHANNEL EMBED CULVERT 1' AS SHOWN ON PROFILE. BACKFILL WITH 50/50 MIX CLASS A/B RIP RAP MATERIAL. 10' OVERFLOW CHANNEL ROAD CREST 15' i CREST EL. 498.0' 6" MIN. BEDDING, #57 STONE 2X60"CMP INV. EL: 491.50' U/S INV. EL: 491.25' D/S Cross -Section View SCALE:1" = 5' 1' DEEP 50/50 MIX CLASS A AND CLASS B RIP RAP. ELEVATIONS PER GRADES SHOWN ON PLANS. MINIMUM 12" COVER INITIAL BACKFILL, OVER PIPE PLACED IN 6" LIFTS, AASHTO CLASS II MATERIAL TOP 4" ABC STONE. ROAD EXTENDS TO EDGE OF CONSERVATION EASEMENT CORNERS _ -------------- b / / PROPOSED TOP OF BANK /a i% PROPOSED STREAM CHANNEL ° CONSERVATION EASEMENT EXISTING STREAM CHANNEL TEMPORARY CONSTRUCTION EASEMENT TCl— E—,­ .CE_,a—.E T MAXIMUM 2(H):1(V) SIDE SLOPES / COVERED IN MINIMUM CLASS B STONE — OUTLET STATION 120+06 OVERFLOW CHANNEL. SEE CROSS-SECTION FOR DIMENSIONS„ Plan View Martin Dairy Culvert Crossing Station 119+81 4.7 ROAD TOP WIDTH =15' COVERED WITH 4" ABC s STONE. ROAD EXTENDS s TO EDGE OF EASEMENT CORNERS. APPROXIMATE ROAD LENGTH 245'. m Q m z� 90�0 �w z�mLL W O V N Z Z m Z. Z HZ E �zrw 3 LL m Appendix 7 Maintenance Plan 1.0 Maintenance Plan The site shall be monitored on a regular basis and a physical inspection of the site shall be conducted a minimum of once per year throughout the post -construction monitoring period until performance standards are met. These site inspections may identify site components and features that require routine maintenance. Routine maintenance should be expected most often in the first two (2) years following site construction and may include the following: Tablel: Maintenance Plan — Martin Dairy Mitigation Site Component/Feature Maintenance through project close-out Routine channel maintenance and repair activities may include chinking of in -stream structures to prevent piping, securing of loose coir matting, and supplemental Stream installations of live stakes and other target vegetation along the channel. Areas where storm water and floodplain flows intercept the channel may also require maintenance to prevent bank erosion. Beaver dams that inundate the stream channels shall be removed and the beaver shall be trapped if deemed necessary. Vegetation shall be maintained to ensure the health and vigor of the targeted community. Routine vegetation maintenance and repair activities may include Vegetation supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical and/or chemical methods. Any vegetation control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Site boundaries shall be identified in the field to ensure clear distinction between the mitigation site and adjacent properties. Boundaries may be identified by fence, marker, Site boundary bollard, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as -needed basis. Martin Dairy Mitigation Site DMS ID No. 97087 Page 1 Appendix 8 Credit Release Schedule 1.0 Credit Release Schedule All credit releases will be based on the total credit generated as reported by the as -built survey of the mitigation site. Under no circumstances shall any mitigation project be debited until the necessary DA authorization has been received for its construction or the District Engineer (DE) has otherwise provided written approval for the project in the case where no DA authorization is required for construction of the mitigation project. The DE, in consultation with the Interagency Review Team (IRT), will determine if performance standards have been satisfied sufficiently to meet the requirements of the release schedules below. In cases where some performance standards have not been met, credits may still be released depending on the specifics of the case. Monitoring may be required to restart or be extended, depending on the extent to which the site fails to meet the specified performance standard. The release of project credits will be subject to the criteria described as follows: Table A: Credit Release Schedule — Stream Credits — Martin Dairy Mitigation Site Monitoring Credit Release Activity Interim Total Year Release Released 0 Initial Allocation — see requirements below 30% 30% First year monitoring report demonstrates performance 1 standards are being met 10% 40% Second year monitoring report demonstrates performance 2 standards are being met 10% o 0% (60%) (additional 10% released at second bankfull event in a separate year) Third year monitoring report demonstrates performance 60% 3 standards are being met o 10% (70%) Fourth year monitoring report demonstrates performance 65% 4 standards are being met 5% (75%) Fifth year monitoring report demonstrates performance 75% 5 standards are being met 10% (85%) Sixth year monitoring report demonstrates performance 80% 6 standards are being met 5% (90%) Seventh year monitoring report demonstrates performance 90% 7 standards are being met and project has received closeout approval o 10% (100%) 1.1 Initial Allocation of Released Credits The initial allocation of released credits, as specified in the mitigation plan can be released by DMS without prior written approval of the DE upon satisfactory completion of the following activities: a. Approval of the final Mitigation Plan. b. Recordation of the preservation mechanism, as well as a title opinion acceptable to the USACE covering the property. c. Completion of project construction (the initial physical and biological improvements to the mitigation site) pursuant to the mitigation plan; per the DMS Instrument, construction means that a mitigation site has been constructed in its entirety, to include planting, and an as -built report has been produced. As -built reports must be sealed by an engineer prior to project closeout, if appropriate but not prior to the initial allocation of released credits. d. Receipt of necessary DA permit authorization or written DA approval for projects where DA permit issuance is not required. Martin Dairy Mitigation Site DMS ID No. 97087 Page 1 1.2 Subsequent Credit Releases All subsequent credit releases must be approved by the DE, in consultation with the IRT, based on a determination that required performance standards have been achieved. For stream projects a reserve of 10% of a site's total stream credits shall be released after two bankfull events have occurred, in separate years, provided the channel is stable and all other performance standards are met. In the event that less than two bankfull events occur during the monitoring period, release of these reserve credits shall be at the discretion of the IRT. As projects approach milestones associated with credit release, the DMS will submit a request for credit release to the DE along with documentation substantiating achievement of criteria required for release to occur. This documentation will be included with the annual monitoring report. Martin Dairy Mitigation Site Appendix 8 DMS ID No. 97087 Page 2 Appendix 9 Financial Assurance 1.0 Financial Assurances Pursuant to Section IV H and Appendix III of the Division of Mitigation Service's In -Lieu Fee Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural Resources has provided the US Army Corps of Engineers Wilmington District with a formal commitment to fund projects to satisfy mitigation requirements assumed by DMS. This commitment provides financial assurance for all mitigation projects implemented by the program. Martin Dairy Mitigation Site DMS ID No. 97087 Page 1