HomeMy WebLinkAbout20170833 Ver 2_BPDP for PN_20200224Baldwin Swamp Riparian Buffer Mitigation
and Nutrient Offset Bank
Bank Parcel Development Package (BPDP)
Tar- Pamlico Basin (HUC: 03020103)
February 2020
Greene Environmental Services, LLC
North Carolina Department of Environmental Quality,
Division of Water Resources Project Number: 2017-0833v2
Submitted to:
Katie Merritt, Nutrient Offset & Buffer Banking Coordinator
NC Department of Environmental Quality - Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617 Email: katie.merritt@ncdenr.gov Phone: (919) 707-3637
Submitted by:
Greene Environmental Services, Jeff Becker and David Knowles
Ham Farms, 963 Hwy 258 S
Snow Hill, NC 28580
Phone: (919) 215-3899, jrbecker@bellsouth.net; (252) 757-1978, ocesdk@gmail
Table of Contents
Document Section
Page
1.0 Introduction
5
2.0 Bank Location
6
3.0 Bank Parcel Overview
7
4.0 Site Viability and Stream Determination Reports
7
5.0 Bank Description
8
6.0 Water Quality Assessments and Stream Classifications
11
7.0 Boundary Survey
14
8.0 Project Area - Existing Conditions
14
8.1 Physiography
15
8.2 Soils and Edaphic Conditions
15
8.3 Existing Vegetative Species
17
8.4 Potential Constraints on Bank Establishment
17
8.5 Threatened and Endangered Species
18
8.6 Cultural Resources
20
8.7 Flood Potential
20
8.8 Infrastructure
21
9.0 Proposed Riparian Buffer and Nutrient Offset Restoration Plan
22
9.1 Site Preparation and Sapling Planting at the Bank Parcel
22
10.0 Monitoring and Maintenance Plan
25
11.0 Long Term Maintenance and Protection
27
12.0 Financial Assurance
27
13.0 Riparian Buffer and Nutrient Offset Mitigation Potential
28
14.0 References
29
List of Tables
Table
Number
Table Caption
Page
Table 1
Coordinates of the proposed Bank tracts.
6
Table 2
Vehicular directions to access the Bank tracts.
6
Table 3
Approximate areal coverage of the Bank tracts.
10
Table 4
North Carolina Surface Water Classifications
12
Table 5
Excerpt from the Environmental Protection Agency (EPA),
Watershed Quality Assessment Report
12
Table 6
Water quality summaries
13
Table 7
Soil series mapped at the Baldwin Swamp Mitigation Bank
16
Table 8
Woodland Suitability Groups for dominant soils at the Baldwin
Swamp Bank
16
Table 9
Existing vegetation in the vicinity of the proposed Bank
17
Table 10
Federally listed threatened and endangered species
19
Table 11
Major Tar River flood events
21
Table 12
Summary of site preparation, planting and monitoring activities
23
Table 13
Character trees proposed for planting
25
Table 14
Summary of riparian buffer components and projected mitigation
credits
30
List of Figures
Figure
Number
Figure Caption
Figure 1
Approximate location of Baldwin Swamp Mitigation Bank (red arrow) within the Tar
River watershed
Figure 2
Tar -Pamlico River Basin depicting the approximate location of the Baldwin Swamp
bank within HUC: 03020103
Figure 3
Service Area for Baldwin Swamp Bank located within HUC 0302013
Figure 4
Vicinity map (satellite image) for the proposed GES, Baldwin Swamp Mitigation
Bank
Figure 5-A
Bank Tracts for Baldwin Swamp Bank.
Figure 5-B
Credit Determination Map for Tract 1
Figure 5-C
Credit Determination Map for Tract 2
Figure 6
Baldwin Swamp Bank tracts within Pitt County land parcel #01095
Figure 7
USGS Quadrangle excerpt. Greenville, NC SE
Figure 8
Greenville SE, USGS Quadrangle
Figure 9
Historical imagery from Year 1937
Figure 10
Pitt County Soil Survey Map Sheet 36
Figure 11
Floodplain map of vicinity including the Baldwin Swamp Bank
Figure 12
Bank area to be planted with native tree species
Figure 13
Approximate locations of monitoring plots in Baldwin Swamp Bank
Figure 14
Approximate conservation easement boundary
List of Appendices
Appendix
Number
Appendix Title
Appendix
1
Baldwin Swamp
Mitigation
Bank Representative Photographs
Appendix
2
Baldwin Swamp
Mitigation
Bank Stream Determination Report
Appendix
3
Baldwin Swamp
Mitigation
Bank Site Viability Report
Appendix
4
Pertinent Correspondence
Between GES and NC-DWR
Appendix
5
Request for inclusion of Ditch W-3b for Riparian Buffer Credits
Appendix
6
Baldwin Swamp
Mitigation
Bank, EDR Report
Appendix
7
Baldwin Swamp
Mitigation
Bank, Draft Conservation Easement
1.0 Introduction
Greene Environmental Services, LLC (GES) proposes the establishment of a riparian buffer
mitigation and nutrient offset bank in Pitt County, NC under the terms and conditions of the GES,
Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Banking Instrument (MBI)
(submitted to NC Division of Water Resources concurrently with this document). The proposed
bank, the Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Bank (Bank) will be
located in the Tar — Pamlico River Basin (HUC: 03020103) (Figures 1, 2 and 3). The
approximately 21.1-acre Bank will consist of two separate tracts located on two separate un-
named streams that discharge to Baldwin Swamp and subsequently to the Tar River
approximately six miles downstream from the city of Greenville, NC (Figure 4 and Figures 5-A).
This document, the Bank Parcel Development Package (BPDP) provides justification for the
proposed Bank and details site conditions, Bank establishment plans, site monitoring and
maintenance programs and mitigation credit potentials. This BPDP is submitted to the North
Carolina Department of Environmental Quality, Division of Water Resources (NC-DWR) for
review. If approved, the Bank will be established according to specifications provided in this
BPDP. Some adjustments or deviations to the Bank Parcel may impact credit viability of the
riparian areas adjacent to the streams and ditches. Therefore, if any adjustments or deviations
need to be made to the Bank Parcel, GES is required to receive authorization from DWR prior to
implementation. After the Bank is constructed, any DWR approved adjustments to or deviations
from the BPDP will be provided in the "As -Built Report", and submitted to the NC-DWR.
The regulatory purpose of the proposed Bank is to provide riparian buffer and nutrient offset
credits for new and existing development in the 8-digit Hydrologic Unit Code (HUC)
03020103 of the Tar -Pamlico River Basin requiring riparian buffer and/or nutrient offset in
accordance with 15A NCAC 02B .0295, 15A NCAC 02B .0240, and the corresponding
Mitigation Banking Instrument (MBI). The Bank will also improve water quality within the
Tar -Pamlico River Basin by reducing nutrient and sediment inputs into the watershed. Land -
use within the vicinity of the proposed Bank is primarily agricultural and highway (US 264)
development. Land use within the Bank parcel has historically been row crop agriculture.
The land adjacent to the two un-named streams within the proposed Bank is currently in
row crop agricultural production (Appendix 1). Converting the current land -use and
establishing a riparian forested community adjacent to portions of these waterways by
planting saplings of native trees species and allowing natural vegetative succession to
proceed in perpetuity will reduce nutrient and sediment loading into those waterways. The
proposed Bank will be established pursuant to the Mitigation Banking Instrument (MBI)
developed for the Bank and submitted to NC-DWR.
2.0 Bank Location
The proposed Bank is located in northeastern Pitt County, NC (Figure 2). The two Bank tracts are
located on Pitt County land parcel number 10195 (Figure 6). The total acreage for the land parcel is
216 acres, of which an estimated 21.1 acres will be in the Bank. The zoned use for the parcel is
Rural Agricultural (RA) and is not inconsistent with the proposed Bank.
The coordinates for the Bank tracts (designated Tract 1 and Tract 2) are provided in Table 1. The
approximate elevation for the tracts ranges from 4 to 5 meters (14 to 17 feet) above mean sea level
(amsl). The proposed Bank is located northeast of the City of Greenville approximately two miles
east of the intersection of Greenville Boulevard NE and US 264. Vehicular access to the Bank
tracts may be gained by public road and private farm road as described in Table 2.
Table 1. Coordinates of the proposed Bank tracts.
Tract
Latitude / Longitude (Decimal degrees)
Tract 1
35.619551 /-77.293544
Tract 2
35.624767 /-77.288639
Table 2. Vehicular directions to access the Bank tracts.
Tract
Vehicular Access Directions
Tract 1
Via unpaved farm road north of Old Pactolus Rd (SR 1534), approx. 0.3 mi east
from the intersection of Old Pactolus Rd and Sunn side Rd SR 1535).
Tract 2
Via unpaved farm road south of US 264 E, approx. 2.3 mi east from the
intersection of US 264 and Greenville Blvd. NE
0
3.0 Bank Parcel Overview
The proposed Bank will consist of two tracts; each with drainages to Baldwin Swamp and
subsequently to the Tar River (Figures 4 and 7). In total, the Bank will be an estimated 21.1 acres;
this areal coverage will be refined pending approval of this BPDP document and a boundary
survey. A more detailed description of the Bank follows in Section 5.0. Pending approval of the
BPDP, the Bank will be planted with character trees between February and March of 2020. An As -
Built document and pertinent easement documents will be submitted to NC-DWR post -planting.
4.0 Site Viability and Stream Determination Reports
Prior to the submission of this BPDP document, an on -site Stream Determination assessment
(Appendix 2) and Site Viability assessment (Appendix 3) for the proposed Baldwin Swamp Bank
were conducted by NC Division of Water Resources personnel (Katie Merritt and Chris Pullinger)
in July 2017. The reports determined portions of waterways W-3 (in Tract 1) and W-4 (in Tract 2)
were streams and thus, their riparian areas were eligible for riparian buffer mitigation credits from
the top of the stream banks landward to a maximum of 100 feet and as nutrient offset credits from
101 feet to 200 ft landward from the features. For waterway segments designated as ditches,
nutrient offset credits are eligible from the tops of the ditch banks landward to a maximum of 200
feet. For consistency with the Stream Determination and Site Viability assessments, the streams in
the proposed Bank will be designated W-3 and W-4. Streams W-1, W-2 and W-5 were assessed in
the field and were included in the reports but GES will not include these waterways in the proposed
Bank.
The Site Viability assessment was further clarified with a guidance document from NC-DWR dated
November 20, 2019 to address the issue of diffuse flow from ditches W-3a and W-4c to Ditch W-
3b and Stream W-4b (Appendix 4) respectively. This guidance document also confirmed that W-3b
met some of the criteria as required in 15A NCAC 02B .0295 (o)(8) to be viable to generate
Riparian Buffer Credits. However, where some criteria were not assessed onsite, GES would have
to provide justification in the BPDP for DWR review. Appendix 5 includes justification that ditch
W-3b meets the remaining criteria required in Rule .0295 to generate Riparian Buffer Credits.
(Figure 5-13). The NC-DWR document also provides guidance to address diffuse flow concerns on
7
ditch W-4c such that the conservation easement for the Bank is now inclusive of the ditch (Figure
5-C).
5.0 Bank Description
The proposed Bank will consist of two tracts, each with acreage designated for riparian buffer
credits and nutrient offset credits (Figures 5-A and 5-13). Tract 1 consists ofa designated stream
(W-3c) where riparian restoration will be performed from the tops of the stream banks outward to a
maximum of 100 feet. In addition, portions ofthe riparian areas adjacent this stream will be
restored for nutrient offset credits outward from 101 feet to a maximum of 200 feet (Figure 5-A).
Riparian restoration adjacent to a ditch directly hydrologically connected to W-3c and labeled W-
3b will also be performed. Riparian restoration on W-3b complies with all of 15A NCAC 02B
.0295 (o)(8) (Figure 5-13) (Appendix 5). Stream W-3c will terminate at the boundary ofthe
Drainage District Easement 40 feet west ofBaldwin Swamp (Figure 6). Stream W-3c flows into
Baldwin Swamp which then flow generally eastward and southeastward to the Tar River.
Tract 2 consists of Stream W-4b with two ditches; one ditch, labeled W-4a is located immediately
upstream and continuous to W-4b and a second ditch, labeled W-4c flows southward into W-4b at
the approximate mid -point of the Bank tract (Figure 5-C). Riparian restoration adjacent to Ditch
W-4a will be performed for nutrient offset credits upstream to the US 264 right-of-way with a
planted riparian area from the top of the ditch bank landward to 50 feet on the north side ofthe
ditch and from the top ofthe bank landward to 100 feet on the south side ofthe ditch. Portions of
W-4c adjacent to W-4b riparian buffer acreage will be placed under a conservation easement as per
guidance provided by DWR staff (Appendix 4). Stream W-4b flows in an eastward direction off
the property to Baldwin Swamp and subsequently the Tar River.
The streams and ditches in Tracts 1 and 2 are not hydrologically connected within the land parcel
10195 (Figures 5-A and 6). The two drainages converge approximately 0.5 miles (0.7 km)
downstream from the Bank tracts in a wooded area on neighboring property before flowing to the
Tar River.
In Tract 1, riparian restoration activities designated for riparian buffer credits along StreamW-3c
will extend from the top of the stream bank landward a maximum of 100 feet from the stream and
paralleling the contour of the stream (Figure 5-A). The riparian restoration activities along the
upstream half (approximately 800 linear ft) of W-3c will be on both sides; the riparian restoration
activities along the downstream half (approx. 800 linear ft) of W-3c will be only on the west and
north side only as constrained by the land parcel property boundary. Ditch W-3b will be buffered
on the west side for approximately 140 feet linear feet and landward to 45 feet and approximately
220 linear feet on the east side landward to 50 feet. To account for diffuse flow from the
inflowing Ditch W-3a, a 0.1-acre (4356 ft2) deduction in riparian buffer credits in Tract 1 will be
included in the credit tabulation for the Bank, as per NC-DWR guidance (Appendix 4). Though
not included in the Bank credits, the deducted area, as indicated on Figure 5-13, will be planted
with trees. The riparian restoration activities from 101-foot outward to a maximum of 200 feet
will be designated for nutrient offset credits along Ditch W-3b and StreamW-3c (Figure 5-13).
In Tract 2, riparian restoration activities along the south side of Stream W-4b within 100 feet of
the stream will be designated for riparian buffer credits and from 101 feet to a maximum of 200
feet will be designated for nutrient offset credits (Figure 5-C). In Tract 2, riparian restoration
activities along the north side of Stream W-4b from the top of the stream bank landward to 50
feet will be designated for riparian buffer credits. As in Tract 1, in Tract 2 a 0.1-acre (4356 ft2)
deduction in riparian buffer credits to account for diffuse flow from the inflowing Ditch W-3c
will be incurred (Figure 5-c). The riparian restoration activities adjacent to Ditch W-4a upstream
from W-4b will be designated as nutrient offset acreage from the top of the ditch bank landward
to 50 feet on the north side of the ditch and 100 feet on the south side. Table 3 provides an
estimate of the acreage and square footage of riparian buffer mitigation and nutrient offset credits
for the Bank tracts.
E
Table 3. Projected dimensions and areal measurements of tracts and sub -tracts in the Baldwin
Swamp Bank. Final dimensions and areal measurements will be determined upon approval of this
BPDP and a subsequent certified boundarysurvey that will be included in the As -Built Report.
Feature
Name and
Location
Feature
Type
Credit Type
Width (ft)
of Sub-
tract
Length (ft)
of Sub-
tract
Square
Feet of
Sub -tract
Acres of
Sub -tract
Tract I
W-3c
North Side
Stream
Riparian
Buffer
0-100
1,600
160,000
3.7
W-3c
South Side
Stream
Riparian
Buffer
0-100
900
90,000
2.1
W-3b
East Side
Ditch
Riparian
Buffer
0-50
220
18,500
0.4
W-3b
West Side
Ditch
Riparian Buf f er
Nutrient Of f set
0-45
45-200
140
see map
11,250
see map
0.3
See map
- c
North Side
Stream
I
Nutrient
I Offset
101-200
600
60000
1.4
W-3c
South Side
Stream
Nutrient
Offset
101-200
1,100
110,000
2.5
Tract Total
486150
11.2
Tract Total (A(tjusted)*
481,794*
11.0*
Tract 2
W-4b
North Side
Stream
Riparian
Buffer
0-50
1,220
61,000
1.4
W-4b
South Side
Stream
Riparian
Buffer
0-100
1,150
115,000
2.7
W-4b
South Side
Stream
Nutrient
Offset
101-200
1,170
117,000
2.7
W-4a
North Side
Ditch
Nutrient
Offset
0-50
920
46,000
1.1
W-4a
South Side
Ditch
Nutrient
Offset
0-100
920
92,000
2.1
Tract Total (Una(tjusted)
431,000
9.9
Tract Total (A(tjusted)*
1 426,644*
9.7*
Bank Total (Unadjusted)
917,150
21.1
Bank Total (Adjusted)*
908 438*
20.9*
*Numbers have been adjusted according to DWR guidance regarding diffuse flow from tributary
ditches; 0.1 acres (4356 ft2) have been subtracted from each Tract 1 and Tract 2, for a total
reduction of riparian buffer credit reduction of 0.2 acres (8712 ft).
10
6.0 Water Quality Assessments and Stream Classifications
There are no named streams or ditches in the two tracts of the proposed Baldwin Swamp Mitigation
Bank. Un-named stream W-3 in Tract 1 flows generally eastward and converges with Baldwin
Swamp. Stream W-3 is designated as an intermittent stream on the USGS Greenville SE
topographic map (Figures 7 and 8). Stream W-3 receives runoff from adjacent farm fields in land
parcel #01095.
Stream W-4 in Tract 2 flows eastward off land parcel #01095, discharging to Baldwin Swamp
approximately 1.0 km downstream. Stream W-4 is designated as an intermittent stream on the
USGS Greenville SE topographic map (Figures 7 and 8). The stream receives runoff from adjacent
farm fields and two inflowing farm ditches that is also connected to highway drainage ditch
associated with US 264.
Baldwin Swamp exits the farm containing the two Bank tracts and flows eastward converging with
Moyes Run approximately 1.8 km downstream from the eastern boundary of land parcel #01095.
Moyes Run flows 2.5 km to Broad Run which then discharges 1.4 km downstream into the Tar
River (Figure 6). Thus, all the Bank tracts are between 5 km and 7 km from the Tar River.
All these waterways are designated as Class C, NSW as defined by the North Carolina Department
of Environmental Quality (DEQ), Division of Water Resources (DWR
(http://deq.nc.gov/about/divisions/water-resources/planning/classification-
standards/classifications#Whataresurfacewaterclassification) (Table 4). There are no known records that
indicate routine ambient sampling of water quality monitoring by NC DEQ or other state or federal
agencies in Baldwin Swamp, Moyes Run, Broad Run or the unnamed streams and ditches within
the Bank. However, statewide mercury contamination advisories apply to all these waters (Table
5).
11
Table 4. North Carolina Surface Water Classifications for waters found on or immediately
downstream from the Baldwin Swamp Mitigation Bank (https:Hdeq.nc.gov/about/divisions/water-
resources/planning/classification- standards/classifications#DWRPrimaryClassification).
Surface
Water
Classification
Classification
Category
Definition
C
Primary
Waters protected for uses such as secondary recreation, fishing, wildlife,
fish consumption, aquatic life including propagation, survival and
maintenance of biological integrity, and agriculture. Secondary recreation
includes wading, boating, and other uses involving human body contact
with water where such activities take place in an infrequent, unorganized,
or incidental manner.
NSW —
Supplemental
Supplemental classification intended for waters needing additional
Nutrient
nutrient management due to being subject to excessive growth of
Sensitive
microscopic or macroscopic vegetation.
Waters
Table 5. Excerpt from the Environmental Protection Agency (EPA), Watershed Quality
Assessment Report for the Lower Tar River. Baldwin Swamp, Moyes Run, and Broad Run are all
listed in the Report as follows(https://iaspub.epa.gov/watersI0/attains watershed. control_).
Water Quality Assessment Status for Reporting Year 2014
The overall status of this waterbody is Impaired.
Cause of Cause of Impairment Desi!nated State TMDL Development
Impairment Group Uses Status
Mercury in Fish Mercury Fish TMDL completed
Tissue Consumption
TMDL Document TMDL TMDL Pollutant TMDL Pollutant
Name Date Description Source Type
North Carolina
Statewide Mercury
TMDL
0ct-12- Mercury Point/Nonpoint
2012 Source
Cause(s) of
Impairment
Addressed
Mercury in Fish
Tissue
The Tar -Pamlico River Basinwide Water Quality Management Plan 2010, Water Quality
Overview for the Pamlico River Subbasin (HUC 03020103) provides a general summary
of water quality for streams in the subbasin. This report indicates that nutrient loading and
stream channelization are water quality concerns in the subbasin. Pertinent quoted text
12
regarding water quality in the subbasin and at the fish community sampling station
nearest the Bank is provided in Table 6.
Table 6. Water quality summaries pertinent to the proposed Bank quoted from the The Tar -Pamlico
River Basinwide Water Quality Management Plan 2010, Water Quality Overview for the Pamlico
River Subbasin (HUC 03020103)
(https:Hfiles.nc.gov/ncdeq/Water%20Quality/Planning/BPU/BPU/Tar_Pamlico/Tar%20Pam%20PIans/2010%20P
la n/TarPamlicoBasinPlan20lOnoappendices.pdf).
Lower Tar River Subbasin 03020103
"This subbasin funnels water from the Tar River tributaries before entering the Pamlico
Estuary and therefore collectively delivers higher concentrations of stressors (e.g., nutrients)
directly to the estuary. Nutrient concentrations from ambient stations within this subbasin
indicate TP remaining steady and below the 1991 concentrations, while TN concentrations
have increased slightly. Water quality on an individual stream basis has improved; specifically
the removal of Chicod Creek from the Impaired waters list is a success due to TMDL and
agricultural BMPs implementation. Non -point source and development pressures continue to
be a concern in the entire subbasin. Threatened and sensitive aquatic species have been found
in the main stem of the Tar River in this subbasin."
Parkers Creek (HUC 030201030404)
"Parkers Creek (HUC 030201030404), AU# 28-95, from source to Tar River, 7.3 miles are
Not Rated based on a 2007 fish community sample (OF31). This site is Not Rated because
criteria are still being developed to rate coastal plain streams; when these criteria are finalized
this stream can then be back -rated based on the 2007 sample. The sample indicated an
improvement in riparian vegetation and bank stability since the 2002 sample; a diverse and
abundant fish community was seen for such a small channelized stream. In the summer of
2009, two benthic samples were taken upstream of OF31 to determine if stormwater from a
specific property was contributing to water quality degradation. The samples indicated Poor
ratings both upstream (SR 1579) and downstream (SR 1591) of the facility with impacted
habitat in -stream and riparian limitations likely caused by historic channelization and extreme
fluctuations in hydrology (flashiness). The poor aquatic macroinvertebrate habitat conditions
could not be directly linked to the property of interest. Stormwater runoff and altered
hydrology are likely the main reason for degraded water quality in this subwatershed. This
subwatershed drains the Pitt -Greenville Airport and Greenville's industrial areas. Parkers
Creek will likely be listed as impaired on the 2012 303(d) list."
13
7.0 Boundary Survey
A licensed surveyor will be contracted to conduct a boundary survey. The survey will follow
standards and practices provided in North Carolina G.S 47-30, Mapping Requirements for
Recordable Maps. On -site, monumented boundaries will be established identifying the Bank
footprint. A survey plat will be generated that will include pertinent physical features (i.e., stream
and ditches, adjacent roadways), stream and ditch bank tops, riparian buffer boundaries and
nutrient offset boundaries. The boundary survey will be included as a component of the post -
construction As -Built document and submitted to NC-DWR.
8.0 Project Area - Existing Conditions
The proposed Bank is located in the central coastal plain of eastern North Carolina. The
landscape in the vicinity of the Bank is largely rural with the uplands in agricultural and
silvicultural land uses and limited rural residential and commercial development (Figures 7 and
8). The uplands are relic alluvial terraces dissected with numerous creeks and swamps. The two
streams in the Bank tracts discharge to Baldwin Swamp. The nearest named stream to the north
of Baldwin Swamp is Cannon Swamp; the nearest named stream to the south of Baldwin Swamp
is Barber Creek. Baldwin Swamp is similar to most large streams in the area in that all three of
these streams have been channelized in an effort to improve drainage to enhance agricultural
production.
Prior to European settlement and subsequent conversion to agricultural and forestry production
the dominant plant communities were likely Mesic, Mixed Hardwood Forests (Coastal Plain
Subtype) and Coastal Plain Small Stream Swamp (Blackwater Subtype) based on the North
Carolina Natural Heritage Program natural communities classification system developed by
Shafale and Weakley (1990). The abundance of small creeks and swamps and the relatively
small interstream flats likely inhibited frequent fire return intervals and the development of fire -
dependent plant communities that were common in other portions of the coastal plain. The
earliest USGS topographic map indicating land use in the immediate vicinity of the Bank site
was 1937; these conditions are essentially unchanged for the past eight decades (Figure 9).
Photographs of the Bank site in August 2019 are provided in Appendix 2.
14
8.1 Physiography
The proposed Bank is located within the Mid Atlantic Floodplain and Low Terrace Physiographic
Province, within the Mid Atlantic Coastal Plain Ecoregion (online at:
http://pages.pomona.edu/—wsteinmetz/ID1/nc_eco_pg.pdf). Based upon review of the United
States Geological Survey (USGS), Greenville, North Carolina SE Quadrangle, the proposed Bank
is located in the Baldwin Swamp watershed with elevations within the Bank tracts ranging from 14
feet to 17 feet above mean sea level (Figures 7 and 8).
8.2 Soils and Edaphic Conditions
The dominant mapped soil series at the proposed Bank is Tuckerman fine sandy loam (Fine -
loamy, mixed, active, thermic Typic Endoaqualfs); this is an alfisol with well -developed soil
horizons (Figure 10). Other soils include: Osier loamy sand (Siliceous, thermic Typic
Psammaquents), Pactolus loamy sand (Siliceous, thermic, coated Aquic Quartzipsamments), and
Lakeland sand (Siliceous, thermic, coated Typic Quartzipsamments); these soils are entisols with
poor horizon development, indicative of their position recently deposited floodplains.
These and other soils mapped for the Bank tracts are listed and described in Tables 7 and 8. In
general, the soils in the Bank tracts range from excessively -drained sands to poorly drained sandy
loamy. These soils are typical for the floodplain terraces along the north side of the Tar River in
Pitt County. They have been used chiefly for row crop agriculture, sand mines and forest
production.
The character trees selected for planting in the Bank tracts will be adapted for the range of soil
and drainage conditions in each tract. It follows then, that those species best adapted for sandy,
well -drained soils or those best adapted for poorly -drained soils will be planted on the most
suitable soils and position in the landscape.
15
Table 7. Soil series mapped at the Baldwin Swamp Mitigation Bank.
Soil Series Name
Map
Soil Description
Symbol
Tract 1, Stream W-3
Tuckerman fine sandy
TO
Poorly drained, infiltration moderate, runoff slow or
loam
Ponded, seasonally high water table, low fertility.
Lakeland sand, 0 to 6
LaB
Excessively drained, infiltration rapid, runoff slow,
percent slope
seasonally highwater table below 5 feet, very low
fertility.
Pactolus loamy sand
Pa
Moderately well -drained, infiltration rapid, runoff slow,
seasonally hi hwater table, low fertility.
Osier loamy sand, loamy
Os*
Poorly drained, infiltration rapid, runoff slow, seasonally
substratum
I
I high water table, very low fertility.
Tract 2, Stream W-4
Tuckerman fine sandy
TO
Poorly drained, infiltration moderate, runoff slow or
loam
ponded, seasonally high water table, low fertility.
Pactolus loamy sand
Pa
Moderately well -drained, infiltration rapid, runoff slow,
low fertility, seasonally hi hwater table.
*Dominant soil along waterway.
Table 8. Woodland Suitability Groups for dominant soils at the Baldwin Swamp Bank; from the
Pitt County Soil Survey.
Dominant Soil Series
Woodland
Broadleaf trees species preferred for management
Suitability
and plants
Group
Tuckerman fine sandy
2w9
Sweetgum, yellow poplar, cottonwood, Shumard's
loam (Tu)
oak, cherrybark oak, willow oak, water oak, swamp
chestnut oak, green ash, sycamore, swamp tupelo,
water tupelo.
Pactolus (Pa)
3w2
Sweetgum, yellow poplar, green ash, Shumard's oak,
cherrybark oak, willow oak, water oak, sycamore,
swamp tupelo, water tupelo.
Osier loamy sand,
3w3
Soil not suitable for broad -leafs (These soils are best
loamy substratum (Os)
suited for pine productivity; some broadleaf species
may experience high seedling mortality and low
roductivi
Lakeland sand, 0 to 6
4s2
Soil not suitable for broad -leafs (See above).
percent slope
16
8.3 Existing Vegetative Species
All the acreage within the two tracts of the proposed Bank was used for row -crop production
(sweet potatoes) during the 2019 growing season. This crop was harvested in October 2019 and
winter wheat was planted as a cover crop. There are no mature trees within the proposed Bank
tracts. Dominant tree species in the general vicinity of the Bank are listed in Table 9, which
includes a listing of the dominant ditch bank and stream bank vegetation.
Table 9. Existing vegetation in the vicinity of the proposed Bank.
Tract
2019
Crop
Dominant Trees Within 100 feet of
the Tract
Stream and Ditch -bank
Species Common Names
Tract 1
Sweet
Sweetgum (Liquidambar styraciflua)
Rabbit tobacco, soft rush,
potatoes
Chinaberry (Melia azedarach)
morning glory, black willow,
dock, mare's tail, annual
grasses
Tract 2
Sweet
Loblolly pine (Pinus taeda)
Rabbit tobacco, soft rush,
potatoes
Water oak (Quercus nigra)
goldenrod, elderberry, sumac,
smilax, dock, pigweed, annual
grasses
8.4 Potential Constraints on Bank Establishment
There are no known physical, logistical, utility, easement, or regulatory constraints to Bank
establishment. Along the downstream portion of Tract 1 there is a farm access road; this road will
be closed, two culverts will be removed and the roadbed will be ripped and disked to reduce
compaction prior to planting the Bank with saplings.
In Tract 2 there is a farm road with a culvert separating ditch W-4a from stream W-4b. This farm
road will not be removed and a 40-foot wide access road easement will be established so -as to
avoid any logistical constraints associated with moving farm machinery and road maintenance. A
field drainpipe discharging to W-4 within the road easement will be removed. Drainage District
easements are in place on the main stem of Baldwin Swamp but not on the streams and ditches in
Tracts 1 and 2, that are tributaries to Baldwin Swamp.
17
8.5 Threatened and Endangered Species
The North Carolina Natural Heritage Program (NCNHP) maintains a database that includes state
and federally listed species by USGS, 1:24,000 Topographic Quadrangle (NC-NHP:
http://www.ncnhp.org/web/nhp). The proposed Bank is located in the northeastern portion of the
Greenville SE, USGS Quadrangle and the Bank is situated greater than two miles from the next
nearest quadrangle (Figure 8) For this document, only federally listed, Threatened and Endangered
Species are required to be listed; for informative purposes only, otherwise federally listed species
are included as well in Table 10.
The West Indian Manatee, Trichechus manatus, is the only federally listed Threatened or
Endangered Species included for the Greenville SE Quadrangle in the NCNHP database (Table
10). It is highly unlikely that the aquatic habitat adjacent to the proposed Bank would support
manatees. The canals adjacent to the Bank are highly modified due to channelization, do not
support aquatic suitable vegetation that is part of the manatee diet, and are over two stream miles
from the deep -water habitats that manatees require. Manatees have been sighted in the Tar River
during summer months, but their occurrence is very rare and at the extreme inland extent of their
range (http://ncforestry.info/ncnhp/rare_animal_species/rare_animals_2008.pdf).
Bald eagles, not listed as Threatened or Endangered, but given special status under the Bald and
Golden Eagle Protection Act, have been seen in the vicinity during site visit to the proposed Bank.
The agricultural usage of the Bank site and the lack of mature nesting and perching trees generally
precludes usage by bald eagles. Similarly, the Bank site does not possess suitable aquatic habitat
for the federally listed, species of special concern included in Table 10.
Table 10. Federally listed threatened and endangered species in the Greenville SE, USGS
Topographic Quadrangle. Also included in table are species otherwise noted as federally listed for
the quadrangle C Natural Herita e Program).
Species
Federal Status
Habitat
Trichechus
Endangered (E)
"Manatees live in marine, brackish, and freshwater systems in coastal
manatus (West
and riverine areas throughout their range. Preferred habitats include
Indian Manatee);
areas near the shore featuring underwater vegetation like seagrass and
Mammal
eelgrass. They feed along grass bed margins with access to deep water
channels, where they flee when threatened."
USFWS: https://www.fws.gov/southeast/wildlife/mammal/manatee/)
The species below are not federally listed as Threatened or Endangered but are otherwise noted in the NC
Natural Heritage Program database for the Greenville SE USGS Quadrangle
Haliaeetus
De -listed,
"Bald eagles generally nest near coastlines, rivers, large lakes or
leucocephalus
however,
streams that support an adequate food supply. They often nest in
(Bald eagle);
protected under
mature or old -growth trees; snags (dead trees); cliffs; rock
Bird
the Bald and
promontories; rarely on the ground; and with increasing frequency on
Golden Eagle
human -made structures such as power poles and communication
Protection Act
towers. In forested areas, bald eagles often select the tallest trees with
(BGPA)
limbs strong enough to support a nest that can weigh more than 1,000
pounds. Nest sites typically include at least one perch with a clear view
of the water where the eagles usually forage. Shoreline trees or snags
located near reservoirs provide the visibility and accessibility needed
to locate aquatic prey." (USFWS:
https://www.fws.gov/arcata/esibirds/baldEagleib_eagle.html)
Lampsilis
Federal Species of
"The yellow lampmussel can be found in many different habitats;
cariosa (Yellow
Special Concern
however, it appears to slightly prefer the shifting sands downstream
Lampmussel);
(FSC)
from large boulders in relatively fast flowing, medium sized rivers and
Freshwater
medium to large creeks." (NC-WRC:
bivalve
http://www.ncwildlife.org/Learning/Species/Mollusks/YellowLampmu
s sel. aspx#3 3 3 51010-habitat-preferences)
Necturus lewsii
Federal Species of
"It occupies most clean, moderate to swift -flowing streams within its
(Meuse River
Special Concern
range. It is more common in streams greater than 15m wide and I
Waterdog);
(FSC)
deep (Braswell and Ashton 1985). It requires relatively high oxygen
Amphibian
levels and water quality (Ashton 1985)." (IUCN:
http://www.iucnredlist.org/details/59432/0)
Sagittaria
Federal Species of
"Alluvial and tidal swamps, marshes, and stream banks; perhaps most
weatherbiana
Special Concern
frequent in Baldcypress-tupelo swamps."
(Grassleaf
(FSC)
(http://vaplantatlas.org/index.php?do=plant&plant=12)
arrowhead);
Vascular plant
19
8.6 Cultural Resources
An online review of historic sites mapped on the North Carolina Historic Preservation Office
website (http://gis.ncdcr.aov/hpoweb/) did not reveal any existing historic sites on the Bank
tracts. Similarly, site visits to the Bank parcel did not reveal any existing structures. There were
three historic sites mapped that were less than one-half mile from the nearest Bank tract; none of
the structures still exist. The Joseph John Nobles House (HPO Site ID: PT0024) was located less
than 0.1 miles southwest of Tract 1 on land parcel #01095. The Ward House (HPO Site ID:
PT0347) and the Moore House (HPO Site ID: PT0348) were located between 0.3 and 0.4 miles
southeast of the Bank Tract 2. The construction, establishment and maintenance of the Bank
will have no impacts on these former historic properties.
8.7 Flood Potential
The Bank tracts are within the 100-year floodplain designated as AE on the Pitt County Online
Parcel Information (https:Hgis.pittcountync.gov/opis/) (Figure 11). There have been three major
flooding events within the past 100 years that likely impacted all or portions of the Bank (Table
11). These were floodwater emanating from the Tar River whose main stem is approximately two
miles south of the Bank. No known records or measured depth of flooding in the Bank tracts are
available for the site, however, based on anecdotal information, floodwaters from Hurricane Floyd
likely inundated the entire Bank site in 1999 and to a lesser extent, a flood in 1919 and Hurricane
Matthew in 2016 flooded the low-lying portions of the Bank.
It is likely that localized flooding from rain events can cause flooding the Baldwin Swamp, its
tributaries and associated ditches and adjacent farm fields. Such localized flooding is likely annual
or nearly so, but is typically of shorter duration, less depth and less extensive than river flooding.
The species of trees selected for planting in the Bank tracts are adapted to both localized and river
flooding.
20
Table 11. Major Tar River flood events that may have impacted the Bank.
Five Greatest Flood
Depth at USGS
Estimated Flooding Impacts at Bank
Event on Record
Gaging Station
Tracts*
02084000
09/21/1999 (Hurricane
29.74 ft
Entire Bank flood to depth of 3 ft to 8 ft
Floyd)
07/28/1919
24.50 ft
Low lying areas <14 ft amsl likely
inundated
10/14/2016 (Hurricane
24.46 ft
Low lying areas <14 ft amsl likely
Matthew)
inundated
08/22/1940
22.20 ft
Unlikely
03/14/1958
19.70 ft
Unlikely
*Flood impacts were estimated based on comparison land surface elevations (amsl = above mean sea level)
at the Bank to observed inundation depths at Bradford Creek Golf Course, located approximately one-half
mile south of Bank and with similar elevations.
8.8 Infrastructure
The Bank tracts are undeveloped and contain no known impediments to Bank construction.
Specifically, in Tract 1 there are no overhead powerlines or underground utilities within or in the
vicinity of the tract. There are no known buried tanks, landfills, or illegal dumps within the
proposed Bank tracts (EDR Appendix 6).
In Tract 2, there are no overhead powerlines or underground utilities within the tract. Between
Tract 2 and US 264 is a highway easement with a width of 125 feet outward from the midline of
the highway median (NC Department of Transportation, Division 2 Right of Way Office). The
highway easement contains an overhead powerline and may contain underground utilities; no
trees will be planted within the highway easement or in a manner that would interfere with the
powerline or other utilities. A farm road bridge in Tract 2 will remain intact to provide access to
adjacent farm fields (Figure 5-13). A drain -pipe adjacent to the farm road but not within the Bank
tract, will be removed. There are no known underground sewer lines, natural gas pipelines, above
or below -ground electric lines or their rights -of -ways, county drainage district easements, or
existing or planned within the proposed Bank tracts. The Bank footprint and conservation
easement does not overlap with the highway easement or Drainage District easement.
21
9.0 Proposed Riparian Buffer and Nutrient Offset Restoration Plan
In an effort to improve water quality in the Tar River and subsequently downstream in the
Pamlico River and Pamlico Sound estuaries, the NC Department of Environmental Quality
classified the entire Tar -Pamlico River Basin as Nutrient Sensitive Waters (NSW) in the NC
DEQ 2010 Tar- Pamlico River Basinwide Plan (online at: https:Hdeq.nc.gov/about/divisions/water-
resources/planning/basin-planning/water-resource-plans/tar-pamlico-2010). As such, various nutrient
management strategies have been implemented to reduce nitrogen and phosphorus loading in
waters within the basin. One key strategy is to promote the establishment of vegetated riparian
areas along natural and man-made water conveyances (ditches, canals, streams) that are within
or adjacent to lands in agricultural production. Vegetated riparian areas reduce nutrient in
several ways. Permanent vegetated riparian areas remove lands from agricultural production
thus those lands do not receive direct application of fertilizer (chiefly nitrogen, phosphorus and
potassium) and reduce soil erosion thereby reducing the nutrients (principally phosphorous) that
are affixed to sediments. In addition, forested riparian areas separate agricultural lands from
waterways, and with deep-rooted trees and stable soils, intercept, uptake and sequester nutrients
found in groundwater and surfaces waters emanating from those agricultural lands (Spruill
2004, Klapproth and Johnson 2009, NC Conservation Network 2016).
A goal of the proposed Bank is to convert existing agriculture land adjacent to the streams and
ditches into a riparian restoration site. This entails establishing and preserving, through
conservation easement, a 200-foot wide (maximum) vegetated riparian zone adjacent to
qualifying streams and ditches in the Bank project area. Once established, the vegetation in this
zone will consist of planted native tree species and, through natural succession, colonizing
herbaceous, shrub and tree species.
9.1 Site Preparation and Sapling Planting at the Bank Parcel
The 2019 crop of sweet potatoes was harvested in October 2019. The residual crop stubble was
disked and the cropland was planted with a cover crop of winter wheat. Prior to planting the
Bank, the tops of the stream and ditch banks will be mowed (Table 12). The existing vegetation
on the stream and ditch banks primarily consists of dogfennel, ragweed, pigweed, blackberry, and
22
bahia grass, and woody saplings of black willow. Prior to planting the a sub-soiler (ripping
blade) will be used to reduce soil compaction and any existing plow pan in planting lanes; ripping
serves to facilitated root establishment and development of planted saplings. Soil samples from
each tract have been submitted to the NC-DA&CS Agronomic Division for analysis. Pending the
results and recommendations from of the soil analysis, GES may opt for a one-time application of
fertilizer and/or agricultural lime to planted saplings.
An appropriate seed mix of pollinator -rich annual and perennial herbaceous species will be
applied when seasonally appropriate for germination, to provide ground cover for soil
stabilization, reduction of soil erosion and improve wildlife habitat thereby increasing the
ecological uplift of the Bank. In addition, and depending on availability, woody and semi -woody
live stakes and root divisions of black willow, buttonbush and elderberry, native sunflower and
milkweed will be planted in suitable sites within the Bank.
Table 12. Summary of site preparation, planting and monitoring activities.
Activity
Projected Dates
Description
Mowing stream
February — April
Use tractor equipped with rotary mower to mow project
and ditch banks
2020
area as needed.
Ripping
February — April
A tractor equipped with a sub-soiler implement will be
planting lanes,
2020
used to rip planting lanes. An excavator will be used to
ripping road
prepare road -bed and remove culverts.
bed, removing
culvert and
drain pipe
Boundary
February — April
Mark outer boundaries of the Bank tracts.
marking
2020
Plant saplings
February — April
Manual planting of saplings, live stakes and ground
2020
cover.
Monitoring plot
February — April
Establish seventeen, 0.0247-acre monitoring plots in
establishment
2020
the Bank tracts.
Monitoring plot
March — May
Monitoring plot survey and As -Built Report
survey and
2020
preparation and submission.
reporting
23
The Bank will be planted with a mix of "character tree" species during February / March of
2020 while the bare -root saplings are dormant. "Character trees" are defined as planted or
volunteer species identified from a survey of local vegetation on less degraded sections of the
specified stream and from reference literature that details native species. Saplings of character
tree species may be purchased from the North Carolina Forest Service, Claridge Nursery in
Goldsboro, NC and Native Forest Nursery in South Chatsworth, GA. The character tree species
chosen will be based on their suitability to site and soil conditions as well as their availability. The
species selected for planting and quantities that will be planted to achieve target density are listed in
Table 13.
Soil conditions range from moderately well -drained loams to poorly -drained silt loams. On -site
conditions affecting the hydrologic properties of the soils including topographic variation (slopes
and flats), drainage ditches, stream channelization, and vegetative cover and land use. Tree species
will be planted according to their adaptations to on -site soil and topographic conditions. River
birch (Betula nigra) and silky dogwood (Cornus amomum) will be planted along stream margins
and in areas prone to standing water on the more hydric soils. Black walnut (Juglans nigra),
cherrybark oak (Q. pagodaefolia), white oak (Q. alba), yellow poplar (Liriodendron tulipifera)
mockernut hickory (Carya tomentosa) and persimmon (Diospyros virginiana ) and live oak (Q.
virginiana) will be planted in mesic soils. It should be noted that, based on drainage and site
reconnaissance, all five of the species selected for planting should perform well throughout the site.
The target density of planted trees at the end of the required five -years of monitoring is 260 trees
per acre with no one species being greater than 50% of planted stems. To achieve this target
density, tree saplings will be planted in rows ten feet apart and at intervals of approximately ten
feet along the rows, thus a 10-foot by 10-foot spacing. The resulting density will be 435 saplings
per acre. Planting at a density of 435 saplings per acre allows for an approximately 40% sapling
mortality rate. An estimated 9178 saplings will be planted on the approximately 21.1-acre
proposed Bank. Bareroot saplings will be manually planted while dormant during winter
(February through April) of 2020. An "As -Built Report" will submitted to NC-DWR after all site
work is completed and it will include a summary of the planting efforts and a finalized
topographic survey indicating exact square footage within the Bank. Also, any deviations in
planting design or species composition from those elucidated in this document will be explained
24
and justified in the "As -Built Report". Figure 12 indicates the "footprint" of the Bank area
proposed for planting with native tree saplings.
Table 13. Character trees proposed for planting at the Baldwin Swamp Riparian Buffer and Nutrient
Offset Mitigation Bank. Greene Environmental Services, LLC.
Scientific Name
Common Name
Targeted
Vegetative
Number
Soil
Stratum
Proposed
Conditions
for Planting
Betula nigra
River birch
Mesic /
Subcanopy
H dric
978
Carya tomentosa
Mockernut
Mesic
Canopy
hickory
800
Cornus amomum
Silky dogwood
Mesic /
Subcanopy
H dric
600
Diospyros
American
Mesic
Subcanopy
vir iniana
Persimmon
800
Ju lans ni ra
Black walnut
Mesic
Canopy
800
Liriodendron
Yellow poplar
Mesic
Canopy
tuli i era
700
uercus alba
White oak
Mesic
Canopy
2000
Quercus
Cherrybark oak
Mesic
Canopy
1500
a odae olia
uercus vir iniana
Live oak
Mesic
Canopy
1000
Total
9178
10.0 Monitoring and Maintenance Plan
The Bank will be monitored annually for a minimum of five years, or until the NC-DWR success
criteria have been met. Supplemental planting or other site modification deemed necessary to
achieve success criteria will be documented in the annual monitoring report for that particular year.
GES will take measures necessary to maintain a sufficiently dense herbaceous layer to prevent bare
areas and reduce soil erosion.
Vegetative success will be monitored within the restored riparian areas and a monitoring report will
be provided to NC-DWR no later than December 31St for each of five years or until success criteria
have been met. The report will include summaries of the monitoring plot data (stem counts, stem
heights, and stems per acre estimates) monitored in accordance with the CVS-EEP Protocol for
Recording Vegetation (CVS-EEP, v. 4.2) for Level 1 monitoring (planted species only. Plots
measuring 100 m2 (lOm x 10m) (0.0247 acres) will be permanently established at the approximate
25
locations identified on Figure 13. A map of plot locations and coordinates of the plots will be
provided in "As -Built Report" that will be prepared after all planting and site work is completed.
All stems in the plots will be flagged with plastic flagging tape.
Plots will be established in each of the two tracts based on the final acreage in accordance with the
MBI. A minimum of two percent of the Bank acreage is required to be in monitoring plots, thus
0.42 acres of the approximately 21.1-acre Bank. Eighteen IOm x IOm plots contains 0.44 acres,
thus slightly (0.02 ac) more than the required monitoring plot acreage pending a final topographic
survey to determine the exact acreage of the Tracts and Bank. Expectedly, based on current
acreage estimates, Tract 1 will contain ten monitoring plots designated BS-1 through BS-10
(Figure 13), and Tract 2 will contain eight monitoring plots designated BS-I I through BS-18
(Figure 13), for a total of eighteen monitoring plots. Plant species composition, survival rates,
character species density and tree height for each planted stem will be recorded within each plot, as
well as general notes on problems encountered or unique situational developments. In addition, any
naturally colonizing saplings greater than or equal to 0.5 in in height will be similarly recorded.
Photographs of each plot from the same plot corner (northwest corner) will be included in the
annual monitoring reports to provide NC-DWR with a snapshot of the site success each year. At
the end of the five-year monitoring period, a target density per acre of 260 planted trees is required,
in accordance with the MBI. Additionally, no one species should account for more than 50 percent
of the planted stems. Monitoring will take place between late August and October of each
monitoring year. Monitoring data will not be collected until at least five months post -planting and
seeding, and the first annual monitoring report will be submitted by December 31, 2020. The
projected final annual monitoring report, pending approval by NC-DWR, will be submitted by
December 2024. The easement boundary will be checked annually as part of monitoring activities
and the conditions as well as any maintenance performed will be reported in the annual monitoring
reports to NC-DWR.
Signage will be installed at prominent locations along access roads and paths, and tract boundaries,
to identify the Bank tracts as protected, conservation areas when all site construction and riparian
restoration is completed and before DWR's As -Built walkthrough. The signs will be maintained by
Greene Environmental Services, LLC for the duration of the five-year monitoring period. The signs
will list prohibited activities within the Bank (e.g., mowing or cutting vegetation, excavation or
26
deposition of spoil material, vehicular traffic), as well as contact information for Greene
Environmental Services, LLC. Easement boundaries will be identified in the field to ensure clear
distinction between the Parcel and adjacent properties. Boundaries may be identified by marker,
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.
11.0 Long Term Maintenance and Protection
Upon the approval of this BPDP planning document and as part of the riparian buffer restoration
activities, a conservation easement will be placed on the Bank parcel. A draft of the conservation
easement for the Bank is provided in Appendix 7. The approximate boundary of the proposed
easement is depicted in Figure 14. The Bank Sponsor, Greene Environmental Services, LLC
(GES), will be responsible for Bank maintenance and monitoring to ensuring that the terms of a
conservation easement are met for five years, beginning in 2020 and ending in 2024, or until NC-
DWR approves a final oversight closeout. GES will transfer the conservation easement to a NC-
DWR - approved long-term steward (Grantor) that has been approved prior to the submittal of the
Year 4 Annual Monitoring Report. The Grantor will assume the responsibilities of maintaining the
conservation easement and the integrity of Bank Parcel boundaries using posts, bollards, and
signage identifying the Grantor as the responsible entity. The Grantor will conduct annual sight
visits to inspect the Bank parcel and maintain records to that effect.
12.0 Financial Assurance
Upon approval of the "As -Built Report", Greene Environmental Services, LLC will provide
financial assurance in the form of a monitoring bond to ensure that adequate funds are available
for completion of the maintenance and monitoring outlined in this BPDP document (Section
10.0) and in the MBI. The amount of the monitoring bond shall be sufficient to cover all costs
associated with monitoring and maintenance of the Bank but shall not be less than $100,000.
Bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to NC-DWR with each annual monitoring report when
applicable. NC-DWR reserves the right to alter the credit release schedule if monitoring reports
are submitted without proof of bond renewals when applicable. GES will not utilize a financial
27
assurance bond for Bank construction.
13.0 Riparian Buffer Mitigation and Nutrient Offset Mitigation Potential
The proposed Bank is located in Tar -Pamlico River, Pamlico Sub -basin, HUC 03020103
(Figures 2 and 3). Riparian buffer and nutrient offset credits will be available for development
activities requiring mitigation and offsets in this HUC only. The projected acreage of the Bank
totals 20.11 acres. However, to meet diffuse flow requirements as per guidance from NC-DWR,
0.1 acre (4356 ft) of credit Tract 1 and 0.1 acre (4356 ft2) of Tract 2, for a total of 0.2 acres
(8712 ft), will be subtracted from the eligible credits for the Bank. Of total eligible credits, the
Bank is projected to provide 447,038 ft2 of Tar- Pamlico riparian buffer credits and a projected
461,400 ft2 of nitrogen and phosphorus nutrient offset credits; the exact acreage will likely differ
pending a certified boundary survey that will be conducted post -bank construction (Table 14).
The final, adjusted acreages and square footages, and riparian buffer and nutrient offset yields
will be submitted with the "As -Built Report".
The NC-DWR, Nutrient Offset and Buffer Mitigation Program provided an on-line credit
calculation tool that was used to determine riparian buffer mitigation and nutrient (nitrogen and
phosphorus) offset credits generated by the Baldwin Swamp Bank
(https:Hdeq. nc.gov/about/d ivis ions/water-resources/water-q u a I ity-perm itti ng/401-buffer-perm itti ng-
branch/nutrient). A spreadsheet template: The Working Buffer Mitigation Tool v2 2019 08 08 (5)
was used to calculate Bank credits and the results are provided in Table 14.
Riparian buffer credits are generated on a per square -foot basis, thus the Bank will generate
447,038 ft2 of riparian buffer credits. Nitrogen credits are generated at a rate of 19.16394 ft2 per
lb-N basis, thus 461,400 ft2 of Bank designated for nutrient credits generates 24,076.469 lb-N
credits. Phosphorus credits are generated at a rate of 297.54099 ft2 per lb-N basis, thus 461,400
ft2 of Bank designated for nutrient credits generates 1,550.711 lb-P credits (Table 14).
The Bank Sponsor (GES) will maintain and keep updated, three credit ledgers; one ledger will be
for riparian buffer credits, one ledger for nitrogen nutrient offset credits and one ledger for
phosphorus nutrient offset credits. For this site, all riparian areas proposed in Table 14 for
riparian restoration were determined by NC-DWR to be in agriculture. Therefore, riparian buffer
restoration credits shown in Table 14, can be used for either Tar -Pamlico riparian buffer credits
28
or nutrient offset credits, but not both. The Sponsor (GES) must submit a written request and
receive written approval from NC-DWR prior to any credit conversions or transfers to the buffer
and nutrient offset credit ledger
14.0 References
Klapproth, J.0 and J.E. Johnson. 2009. Understanding the Science Behind Riparian Forest
Buffers: Effects on Water Quality. Virginia Cooperative Extension online publication:
http://pubs.ext.vt.edu/420/420-151/420-15 I.html
Lee, M. T., Peet, R.K., Roberts, S. D., and Wentworth, T. R. 2008. CVS-EEP Protocol for
Recording Vegetation Level 1-2 Plot Sampling Only. Version4.2.
North Carolina Conservation Network. 2016. North Carolina's Riparian Buffers: A Scientific
Review. Online publication: http://www.ncconservationnetwork.org/
Shafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North
Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and
Recreation, NC Department of Environment and Natural Resources, Raleigh, NC.
Spruill, T.B. 2004, Effectiveness of riparian buffers in controlling groundwater discharge of
nitrate to streams in selected hydrogeologic settings of the North Carolina Coastal Plain, Water
Science and Technology 49:3.
29
Table 14. Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Bank, Project Number: 2017-0833v2, Project Mitigation Credits
Summary of riparian buffer components and projected mitigation credits generated by the Bank (See Figures 5-B and 5-C for map areas
corresponding to Feature Names).
TarPamlic.0i•2•IHI Service Area
19.:16394 N 0redit Ratio (stfcredi]
297.540" P Credit Ratio (sf/credit]
Ge6t Type
Location
Subjrat7 [otter
NO if
eyfremrala
ditdt'
Fettty re Type
f.6d8.ti.n Activity
Mii-htex fWffa
Width {tt]
FesNeName
Tarsl Ares [d}
Taml
Itre6ta6k)
Are. of Buller
M iw.
6,md Ged§t
Reti.(><IJ
Xra Credit
F.ral crt6t
R.ti. [x:Il
C..--v6l. 1.
Riparian
B.iFr?
Fpmian BtAiee
Cretins
Camrrstibte
bNf"t t
0t1xt7
Dd&-ed
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—
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Pert—ti.,
101-2.0
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1
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3.43*30
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—
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8,B70.827
571.350
Nutrkm OfFsn
Rural
Ye:cm-Ai.n
'50-200
W-3b
MAW
36,4W
1
33%
3.03.50
N.
—
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1899.401
122.336
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Rural
Ye;at.rat-
0-50
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fi1A00
56,644
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rem
1.03000
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5fi,664000
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Rural
Ye:st.rstion
o-10•
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115,00o
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rem
1.40000
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N.
—
—
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101-20a
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117,DDD
117,ODD
1
33%
3.03030
N.
—
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6,105.216
393223
Nv".,:t Qfiirt
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Noet.mi—
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-'&OW
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1.•0000
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—
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2. 000.341
152.fi01
Nutrient Offset
Rural
N.rt—t..
4-100
'.VAa
92A00
92,000
1
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1.00000
N.
—
1'es
UW.663
309201
* W-3b measures 0-46' for butler credit & 46-200' for nutrient offset TOWS:! 917,150 { WSA38 ]
Enter Preservation Credits Below Higiblefor Preservation JA;1 149.o13
Preservation Area 5ub llil l (Sf]= Q _
Preservation as "otal Area of Buffer Mitigati•n: D.a1I
Ephemeral neaches as %Total Area of Buffer Mitigation: OLO%
1.The RancensnlakebufferrLdwalkmsrxncdiuhmto-mdassiEcdassubjectam dirl;to15ANCACO2B.C250(5)(a).
30
TOTAL AREA Or BUFFER WrIGATION (TAB1vl)
Mitigation Totals
Square Feet
CreQla
Restoration:
4470M
447A3a:D•a
Enhancement:
•
0060
Preservation:
4
0,000
Total Riparian Buffer:
4±-038
447.039.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Square Feet
CreQrts
Nutrient
Other
I Nitrogen:
JPhosphorusj
461,400
24,076469
1,550.7L1
New Roanoke Tar -Pamlico Chowan Pasquotank
River Basin River Basin River Basin River `Basin River Basin
VvataLma
River El sin
French Broad
River Bach
Little Tennessee �• � -�--• � '.s. _� `"
River Basin
Broad -
River Basin - _ �-
Hiwassee Savannah y
River Basin River Basin Meuse
C�dawba Yackin River Basir
Diver Basin River Elwin "
-+ White Oak
r
River Basin
Lumber Cape Fear
River Basin River Basin
Figure 1.Approximate location of Baldwin Swamp Mitigation Bank (red arrow) within the Tar River watershed.
PERSON WARRREN
GRAN
FRAN
NASH
Legend
Municipalities
County Boundaries
8 Digit Hydrologic Units
03020101
03020102
03020103
03020104
03020105
LIFAX
Tar -Pamlico River Basin
2010 Water Quality Plan
MARTIN
N
Miles
0 5 10 20
Figure 2. Tar -Pamlico River Basin depicting the approximate location of the Baldwin Swamp bank within HUC: 03020103.
Figure 3. Service Area for Baldwin Swamp Bank located within HUC 03020103.
r
Jl.
EEO
e'
US 264 -c _ Tract 2
n r
�- `— Discharge
to Tar
AA a�"' River
71
Tract 1
} Old Pactolus Road
Greenville, NC j
k
41
••`` s.
Google Earth
Figure 5-A. Bank Tracts at the Baldwin Swamp Bank. Pitt County land parcel #01095 land parcel (yellow line). Conservation
easement boundary is indicated by red line. Yellow arrows represent locations of culverts that will be removed during site preparation.
Figure 5-B. Credit Determination Map for Tract 1 of the Baldwin Swamp Bank. Riparian Buffer acreage is shaded in blue, Nutrient
Offset acreage is shaded in yellow. Black arrows indicate direction of stream flow.
Figure 5-C. Credit Determination Map for Tract 2 of the Baldwin Swamp Bank. Riparian Buffer acreage is shaded blue, Nutrient
Offset acreage is shaded yellow. Black arrows indicate direction of stream flow.
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54 i
ITS ao�
23317
181 d+G
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+
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21713
Figure 6. Baldwin Swamp Bank tracts within Pitt County land parcel #01095 and depicting Drainage District laterals (blue lines).
Drainage District easement on the south side of Baldwin Swamp is 40 feet wide; the easement on the north side is 20 feet wide.
77,T3D' 77111. ulijfl-- 7716. P'15'3C' TT115
:43 j 9 3 194 &Y' 0 'j 5 'P.. 9f, '5
--can h6M'
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9P
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t
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L
Rud.-
3ti rdad
Run
47.
...... .
B art,
p,pr Tarp.
Creek River
_
+
47
2 2
4k
Figure 7. USGS Quadrangle excerpt. Greenville, NC SE 1:24,000 depicting the location of the Bank and named streams in the vicinity of the
Bank. Bank Tract 1 and 2 are within red boxes. Gridlines represent 1 km.
4
-
•
r
l
V.
�
�
I
f
^_
If
`
,
C—,'i Ele Se
mytopo
Figure 8. Greenville SE, USGS Quadrangle. 1:24000 scale. The Baldwin Swamp Mitigation Bank is
located in the upper right portion of the map and is designated by the red rectangle.
�. =NAL
OF
Tract 1 - x
W-3
ow d
Aioilp
f~ �
AN
Dad L
�;
W-4
Figure 10. Pitt County Soil Survey Map Sheet 36 depicting the tracts of the Baldwin Swamp
Mitigation Bank. Dominants mapped soils are: Tuckerman fine sandy loam (Tu), Pactolus loamy
sand (Pa), Lakeland sand (LaB), and Osier loamy sand (Os).
;79-8-5524654
21975
- 0
47 1�
2:r:142
2 1973
08939
'2111
10355
;3477
22:7}5
02224 VJ
.5.f
42310�
1300 13301
0495
04463 11370 02330
0
16404
11370)
02329
56174
66309
6733 l
22897
22693
,6143
7.4
2 y}347
'I 9.3 39
13311 889
`MJV
M 48
Figure 11. Floodplain map of vicinity including the Baldwin Swamp Bank (yellow rectangles).
Streams W-3 and W4 are in the flood zone designated AE (Blue: NC Flood zone: AE 100-year
flooding with base flood elevation (BFE) determined). Source: NC Floodplain Mapping Program and Pitt OPIS.
Figure 12. Bank "footprint" proposed for planting with a mix of native tree saplings. Areas to be planting are shaded in green.
Plantings will extend from the tops of ditch and stream banks landward to minimum of 50 feet and a maximum of 200 feet.
Figure 13. Monitoring plot locations; plots (blue squares, not to scale) are 0.0247 acres (1 Om x 1 Om). Plots BS-I to -10 are in Tract 1; plots
BS-11 to -18 are in Tract 2.
Figure 14. Approximate conservation easement boundary (red lines). Total area under easement is an estimated 2 1. 1 acres. The legal
conservation easement boundary will be established in a post -bank installation boundary survey that will be included in the As- Built
Report. Yellow arrows denote where conservation easement boundaries extend across tributary ditches as per guidelines provided by
NC-DWR to meet diffuse flow criteria (Appendices 4 and 5).
Appendix 1
Representative Photographs the
Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation
Bank
Appendix 1: Representative Photographs of the Baldwin Swamp Bank
Stream W-3 August 2019
Stream W-3 Buffer Area, Sweet Potato Crop, August 2019
Stream W-4 August 2019
Stream W-4 Buffer Area, Sweet Potato Crop, August 2019
Appendix 2
Stream Determination Report
by the NC Division of Water Resources
for the
Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation
Bank
-� C1.
Water Resources
Environmental Quality
Ham Equipment, LLC
ATTN: Bobby Ham
Ham Farms, 963 HWY 258 S
Snow Hill, North Carolina 28580
September 13, 2017
Subject: On -Site Determination for Applicability to Tar -Pamlico Riparian Buffer Rules (15A NCAC 02B .0259)
Subject Property/ Project Name: Baldwin Swamp Mitigation Bank
Address/Location: Sunnyside Road; Greenville, NC.
Stream(s) Evaluated: UTs to Baldwin Swamp (5)
Determination Date: July 31, 2017
Determination Type:
Staff: Chris Pullinger
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
17-0833
PITT County
Buffer: I Stream: I
❑ Neuse (15A NCAC 02B .0233) ® Intermittent/Perennial Determination
® Tar -Pamlico (15A NCAC 028 .0259)
❑ Catawba (15A NCAC 02B.0243)
❑ Jordan (15A NCAC 028 .0267) (governmental and/or
interjurisdictional projects)
❑ Randleman(15ANCACO2B.0250)
❑ Goose Creek (15A NCAC 02B .0605-.0608)
Stream
E/I/P*
Not Subject
Subject
Start@
Stop@
Soil
Survey
USGS
Topo
17-0833 W1
ditch
X
17-0833 W1 Begin
17-0833 W1 End
X
17-0833 W2
ditch
X
17-0833 W2 Begin
17-0833 W2 End
X
17-0833 W3
ditch
X
17-0833 W3 Begin
17-0833 W3
X
X
17-0833 W3
P
X
17-0833 W3
17-0833 W3 End
X
X
17-0833 W4
ditch
X
17-0833 W4 Begin
17-0833 W4
X
X
17-0833 W4
P
X
17-0833 W4
17-0833 W4 End
X
X
17-0833 WS
ditch
X
17-0833 W5 Begin
17-0833 W5 End
X
"E/1/P = Ephemeral/Intermittent/Perennial
The Division of Water Resources has determined that the streams listed above and included on the attached map have been
located on the most recent published NRCS Soil Survey of Pitt County, North Carolina and/or the most recent copy of the USGS
Topographic map at a 1:24,000 scale and evaluated for applicability to the Tar -Pamlico Riparian Buffer Rule. Each stream that is
checked "Not Subject" has been determined to not be at least intermittent or not present on the property. Streams that are
checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent
streams. There may be other streams or features located on the property that do not appear on the maps referenced above
but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute
a determination made by the DW R may request a determination by the Director. An appeal request must be made within
sixty (60) calendar days of date of this letter to the Director in writing.
-�`� Nothing Compares"-.-..
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWR may request a determination by the Director. An appeal
request must be made within sixty (60) calendar days of date of this letter to the Director in writing.
If sending via US Postal Service;
C/o Karen Higgins
DWR —401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC27699-1617
If sending via delivery service (UPS, FedEx, etc.):
c% Karen Higgins
DWR — 401 & Suffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC27604
This determination is final and binding as detailed above, unless an appeal Is requested within sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any
Inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of
Engineers Washington Regulatory Field Office at (910)-251-4629.
If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3922,
Sincerely,
epu I:q
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy
LASERFICHE
David Knowles (via e-mail: ocesdk@gmall.com)
Katie Merritt, Central Office (via e-mail: katle.merrittOncdenr.gov)
Greene Environmental Services (via e-mail; Irbecker[onbellsouth.net)
- rL
2017-0833 = :�� «
Baldwin Swamp Mitigation Bank
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■
Appendix 3
Site Viability Report
by the NC Division of Water Resources
for the
Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation
Bank
Water Resources
ENVIRONMENTAL QUALITY
November 27, 2017
David Knowles
Greene Environmental Services, LLC
2813 Jefferson Dr.
Greenville, NC 27858
(via electronic mail: juncusIL)yahoo.com )
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
LINDA CULPEPPER
Interim Director
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Baldwin Swamp Mitigation Site
Tar -Pamlico River Basin — 03020103 HUC
Off Old Pactolus Rd, Greenville, NC
Pitt County
Dear Mr. Knowles,
On July 18, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Greene Environmental Services, LLC (GES) for a site visit near the above -referenced site in the
Tar -Pamlico River Basin. The site visit was to determine the potential for riparian buffer mitigation
and nutrient offset. On July 31, 2017, Ms. Merritt performed a site assessment of the subject site,
which is more accurately shown in the attached map labeled "Baldwin Swamp Site Map".
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank JOB) out to
200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective
November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
'Subject
Riparian Land uses of
Buffer
2Nutrient
Mitigation Type Determination w/in riparian
in the field
Feature onsite
areas
ID
to Buffer
Credit
Offset Viable
Rule
at 2,273
0-200'
Viable
Ibs acre
W1
Ditch
No
Right Bank = grassed
No
Yes (soybean
Restoration Site per 15A NCAC 02B .0295 (n)
soccer field with some
fields only)
row crop agriculture
Left Bank = row crops
W2
Ditch
No
Row crop agriculture
No
Yes
Restoration Site per 15A NCAC 02B .0295 (n)
to canal
Canal
Stream
Yes
adjacent Drainage
No
No
N/A
District easement
W3 (a)
Ditch
No
N/A
No
No
N/A
See map
Feature is hydrologically connected to another
ditch
W3 (b)
Ditch
No
Row Crop agriculture
No
Yes
Restoration Site per 15A NCAC 02B .0295 (n)
See map
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919 807 6300
Baldwin Mitigation Site
GES
November 27, 2017
Feature
Classification
1Subiect
Riparian Land uses of
Buffer
Credit
2Nutrient
Offset Viable
Mitigation Type Determination w/in riparian
ID
in the field
to Buffer
Feature onsite
areas
at 2,273
Rule
0-200'
Viable
Ibs acre
W3 (c)
Stream
Yes
Row Crop agriculture
Yes
Yes (ag fields
Ag Fields - Restoration Site per 15A NCAC 02B
to canal
with some forested
only)
.0295 (n)
areas
Forested Areas — 3Preservation Site per 15A
NCAC 02B .0295 (o)(5)
W4 (a)
Ditch
No
Row Crop agriculture
No
Yes
Restoration Site per 15A NCAC 02B .0295 (n)
Hwy to
farm rd
W4 (b)
Stream
Yes
Row Crop agriculture
Yes
Yes (ag fields
Ag Fields - Restoration Site per 15A NCAC 02B
with some forested
only)
.0295 (n)
Below
areas
farm rd
Forested Areas —3Preservation Site per 15A
to
NCAC 02B .0295 (o)(5)
property
line
W5
Swale
No
N/A
No
No
Not hydrologically connected to a stream,ends
in field
'Subjectivity calls for the features were determined by DWR in correspondence dated September 13, 2017 using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map
prepared by the NRCS. Features onsite that will be restored into stream channels are labeled as "not evaluated' in the
table.
2 NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with
Riparian Buffer Establishment. Phosphorus may be calculated separately.
'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total
area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site
to comply with this rule.
The map that is attached to this letter was prepared by DWR and initialed by Ms. Merritt on
November 27, 2017. This letter should be provided in all stream and wetland, buffer and/or nutrient
offset mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
Page 213
Baldwin Mitigation Site
GES
November 27, 2017
This viability assessment will expire on November 27, 2019 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
KAH/km
Attachments: Baldwin Swamp Site Map
cc: File Copy (Katie Merritt)
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
Page 313
Baldwin Swamp Site Map — prepared by DWR
'NA S
c�
ire
534.).•A A
• e
S�ccer �ie,\d
Appendix 4
NC-DWR Correspondence
From: Merritt, Katie <katie.merritt(a)_ncdenr.gov>
To: David Knowles <0uncus1yahoo.com>
Cc: Becker email <jrbecker bellsouth.net>
Sent: Wednesday, November 20, 2019, 12:22:11 PM EST
Subject: RE: [External] GES Baldwin
David,
My comment regarding that ditch mid -way of W4 was as follows:
"mid -point along W4, appears to be a break in the Conservation Easement due to this second ditch. With a
ditch directly draining into the stream and not part of the project, this does not meet diffused flow. In order
to meet diffused flow, DWR would prefer this ditch to be buffered as part of the project. Please explain how
GES will meet the diffused flow requirement."
My comment above is confusing and I apologize. The intent for that comment was to address the non -
diffused flow issue of the mid -way ditch coming into the W4 stream. There are two ways you can meet the
diffused flow requirement in 15A NCAC 02B .0295 (L)(3) as shown below. Either (1) eliminate the ditch
within the project area or (2) see text below...
If you choose Option 1 above, then the ditch has to be disconnected, filled and planted. The area that
was filled and planted can then be used for buffer or nutrient offset credit as measured off the stream
a maximum of 200'. However, in the BPDP, you would have to provide written confirmation from DOT
that the plugging of this ditch and the alteration of its hydrology would not adversely impact (from
flooding or ponding the DOT ROW or Rd. Additionally, the activity of using fill material to fill this ditch
may require a 404 permit from the USACE if they were to call this ditch
"jurisdictional". Written Communication from the USACE would also be required to be in the BPDP.
Based on the MBI language you included in Item F of Section IV (pg 4), 1 assumed you intended to
use the DWR Clarification Memo on diffused flow (see memo attached to this email), which would be
appropriate to comply with Option 2 above. For this specific mid -way ditch/stream situation, GES has
only 2 scenarios under this Clarification Memo they can apply. GES has to choose either Scenario 1
or Scenario 2, both require the conservation easement to include the ditch at least a minimum of 50'
measured off the stream channel and both scenarios include a 0.1 acre credit deduction. This is what
I meant by "buffering the ditch" in my BPDP comment.
I also assumed that GES was also planning to apply this Memo to W3 (a), since GES states in
Section 4.0 of the BPDP (pg 7) that it will be disconnected and filled. Now, considering the possibility
that this could have adverse effects to Sunnyside rd from possible ponding, DWR does not fill that
disconnecting W3(a) is an option. Therefore, DWR recommends GES not choose Option 1 of the rule
above, and instead apply Scenario 3 in the DWR Clarification Memo to comply with Option 2 of the
rule above.
I'll be back in the office around 3 if you need further assistance. I'm also in tomorrow.
Thanks,
Katie
Appendix 5
Request for inclusion of Ditch W-3b at the proposed GES, Baldwin Swamp Bank as eligible
for riparian buffer mitigation.
Greene Environmental Services, LLC is submitting the following information regarding the
proposed Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Bank in Pitt County,
in response to guidance (Appendix 4) from the NC Division of Water Resources and a Site
Viability Assessment conducted by the NC Division of Water Resources (Appendix 3). The
guidance document from NC-DWR dated November 20, 2019 indicated that a tributary ditch to
Stream W-3c (Appendix 3, Figure 1) may be eligible for riparian buffer mitigation if the
following cited Tar -Pamlico Buffer Rules criteria (Appendix 5, Table 1) were met. Pending
approval of this proposal to include Ditch W-3b for riparian buffer credits, a 45-foot wide buffer,
0.3-acre (11,250 ft2) will be establish on the western side of W-3b and a 50-foot wide buffer, 0.4-
acre (18,500 ft2) for a total of 29,750 ft2 of riparian buffer restoration (Table 2). However, 0.1-
acre (4356 ft2) will be subtracted from this acreage to account for diffuse flow as determined in
the guidance document from NC-DWR. Thus, the adjusted riparian buffer credits generated by
buffers on Ditch W-3b will be 25,394 W.
The guidance document concluded that Ditch W-3b would be eligible for riparian buffer credits
landward up to 50 feet from the top of the ditch bank if it met the 15A NCAC 02B .0295 (o)(8)
A, B, C &E criteria for stream designation (Appendix 5, Figure 1). GES proposes that criterion D
is met for Ditch W-3b as documented from field measurements presented in (Appendix 6, Tables
2 and 3). All additional criteria are addressed in the text that follows.
Appendix 5, Table 1. Criteria in the Tar -Pamlico Buffer Rules pertinent to determining riparian
buffer eliizibility for Ditches 3 and 5 at the nroaosed Dixon Road Mitigation Bank.
15A NCAC 02B .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION
AND MAINTENANCE OF RIPARIAN BUFFERS,
Subsection: (o): Alternative Buffer Mitigation Options, Restoration and Enhancement
of Ditches, (8) Restoration and Enhancement on Ditches.
For purposes of riparian buffer mitigation as described in this Part, a "ditch" is defined
as a man-made channel other than a modified natural stream that was constructed for
drainage purposes. To be used for mitigation, a ditch shall meet all of the following
criteria:
(A) be directly connected with and draining towards an intermittent or perennial
stream;
(B) be contiguous with the rest of the mitigation site protected under a perpetual
conservation easement;
(C) stormwater runoff from overland flow shall drain towards the ditch;
(D) be between one and three feet in depth; and
(E) the entire length of the ditch shall have been in place prior to the effective date of
the applicable buffer rule.
The width of the restored or enhanced area shall not be less than 30 feet and shall not
exceed 50 feet for crediting purposes. The applicant or mitigation provider shall
provide a delineation of the watershed draining to the ditch. The watershed draining to
the ditch shall be at least four times larger than the restored or enhanced area along the
ditch. The perpetual conservation easement shall include the ditch and the confluence
of the ditch with the intermittent or perennial stream, and provide language that
prohibits future maintenance of the ditch. The proposal shall meet all applicable
requirements of Paragraph (n) of this Rule for restoration or enhancement.
Appendix 5, Table 2. GES response to criteria in Subsection: (o): Alternative Buffer Mitigation
Options, Restoration and Enhancement of Ditches, (8) Restoration and Enhancement on Ditches.
Criteria for Restoration and Enhancement on Ditches:
A: be directly connected with and draining towards an intermittent or perennial stream;
As determined on -site by DWR, Ditch W-3b is directly connected to and drains
toward Stream W-3c (Appendix 5, Figure 2).
B: be contiguous with the rest of the mitigation site protected under a perpetual
conservation easement
As determined on -site by DWR, the proposed riparian buffer zones associated
with Ditches W-3b is contiguous with the Baldwin Swamp Bank.
C: stormwater runoff from overland flow shall drain towards the ditch
As determined on -site by DWR, stormwater runoff from overland flow drains
toward Ditches W-3b.
D: be between one and three feet in depth
Ditch W-3b is between 1 and 3 feet in depth along the entire length of the
proposed riparian buffer. (Appendix 5, Table 2)
After receiving the guidance document and Site Viability Assessment, David
Knowles, a consultant for GES, measured the depths of Feature (Ditch) W-3b
using a surveyor's transit rod emplaced on the ditch -banks of the W-3b at
intervals of 20 feet, and measuring to the bottom of apparent ditch thalweg.
Ditch W-3b met the 1 ft to 3 ft criterion at all 12 locations measured; the
average depth was 24+3 inches (Table 3).
E: the entire length of the ditch shall have been in place prior to the effective date of
the applicable buffer rule
Based on historic imagery in the Pitt County Soil Survey (1974), Ditch W-3b
was in place in 1974 and before, thus at least 26 years prior to the effective
date of the Tar- Pamlico Buffer Rules (Appendix 5, Figure 3).
The width of the restored or enhanced area shall not be less than 30 feet and shall not
exceed 50 feet for crediting purposes.
The width of the area restored for riparian buffer credits will not be less than
30 feet and will not exceed 50 feet on either side of the ditches.
The applicant or mitigation provider shall provide a delineation of the watershed
draining to the ditch.
A map delineating the ditch watershed is provided in Appendix 5, Figure 4. The
watershed delineated on the map was based on field measurements obtain
within the proposed Bank parcel (Table 4) and from satellite imagery provided
in Google Earth Pro (https://earth.google.com/download-earth.html).
Table 4 continues.
Table 4 continued.
The watershed draining to the ditch shall be at least four times larger than the restored
or enhanced area along the ditch.
Appendix 5, Table 4 and Figure 3 provides the dimensions of the ditch
watershed. The watershed for Ditch W-3b is greater than four times the
proposed restoration area.
The perpetual conservation easement shall include the ditch and the confluence of the
ditch with the intermittent or perennial stream, and provide language that prohibits
future maintenance of the ditch.
The Bank Parcel Development Package for the Baldwin Swamp Bank stipulates
that the entire Bank will be placed in a permanent conservation easement that
and that future ditch maintenance will not be allowed.
The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for
restoration or enhancement.
The restoration criteria provided in Paragraph (n) of 15A NCAC 02B .0295
Mitigation Program requirements for Protection and Maintenance of Riparian
Buffers will be followed and specific criteria are addressed in this Baldwin
Swamp Bank BPDP.
Appendix 5, Table 3. Areal measurements of riparian buffer sub -tracts on Ditch W-3b.
Buffer Segment
Buffer Width
Buffer Length
Square Feet
Acres
West of W-3b
45 feet
140 feet
11,250 ft2
0.3 acres
East of W-3b
50 feet
220 feet
18,500 ft2
0.4 acres
Total Area of Buffer Credits Unadjusted
29,750 ft2
0.7 acres
Total Area of Buffer Credits (Adjusted)
25,394 ft2
0.6 acres
Appendix 5, Table 4. Depths (inches) measured in Ditch W-3b beginning at the downstream end
of the ditch at the confluence of Stream W-3 and progressing upstream at increments of 20 feet.
Location (feet)
Depth (inches)
Meets Criteria
(1 ft to 3 ft)
0
25
Yes
20
26
Yes
40
25
Yes
60
28
Yes
80
27
Yes
100
25
Yes
120
24
Yes
140
16
Yes
160
24
Yes
180
27
Yes
200
24
Yes
220
20
Yes
Average Depth + Std Dev
24+3
Maximum Depth
28
Minimum Depth
16
Number of Observations
12
Annendix 5. Table 5a. Dimensions of watershed aloniz the west bank of Ditch W-3b.
Location Along
Ditch -bank
Decline in Elevation from Landward End of Transect to Top of Ditch -
Landward from
bank (centimeters / feet)
TOB (ft)
Transect:
A (225 ft)
B (225 ft)
C (225 ft)
Average
(225 ft)
TOB
94 cm / 3.1 ft
93 cm / 3.1 ft
106 cm / 3.5 ft
98 cm / 3.2 ft
50
77cm/2.5ft
62cm/2.0ft
81cm/2.7ft
73cm/2.4ft
150
59cm/1.9ft
46cm/1.5ft
59cm/1.8ft
53cm/1.7ft
200
38cm/ 1.2ft
21cm/0.7ft
0cm/0ft
20cm/0.6ft
225
Ocm/Oft
Ocm/Oft
Ocm/Oft
Ocm/Oft
The acreage of riparian buffer in this sub -tract is 11,250 ft2.
The area of the associated watershed is > 45,000 ft2.
The watershed is >4 times greater than the riparian buffer sub -tract.
Appendix 5, Table 5b. Dimensions of watershed along the east bank of Ditch W-3b.
Location
Along
Ditch -bank
Decline in Elevation from Landward End of Transect to Top of Ditch -
Landward
bank (centimeters / feet)
from TOB
ft
Transect:
D (200 ft)
E (200 ft)
F (200 ft)
G (200 ft)
Average
200 ft
TOB
48cm/1.6ft
21cm/0.7ft
37cm/1.2ft
79cm/2.6ft
46cm/1.5ft
50
48cm/1.6ft
19cm/0.6ft
31cm/1.Oft
62cm/2.Oft
40cm/1.3ft
150
33cm/l.lft
15cm/0.5ft
24cm/0.8ft
39cm/ 1.3ft
28cm/0.9ft
150
26cm/0.9ft
6cm/0.2ft
8cm/0.3ft
14cm/0.5ft
14cm/0.4ft
200
Ocm/Oft
Ocm/Oft
Ocm/Oft
Ocm/Oft
Ocm/Oft
The acreage of riparian buffer in this sub -tract is 18,500 ft2.
The area of the associated watershed is >75,000 ft2.
The watershed is >4 times greater than the riparian buffer sub -tract.
Appendix 5, Figure 1. Baldwin Swamp Bank with Ditches W-3a, W-3b and Stream W-3c indicated. Riparian buffer credits are proposed
for Ditch W-3b with a 45-foot wide buffer on the west side of W-3b and a 50-foot wide buffer on the east side.
Appendix 5, Figure 2. Photographs depicting the confluence of Ditch W-3a with W-3b and the
confluence of W-3b with Stream W-3c.
Appendix 5, Figure 3. Historic Imagery of the Baldwin Swamp Bank in Year 1957.
Ditch W-3b is highlighted in blue box and indicates that the site was in agricultural
production prior to the establishment of Tar -Pamlico River buffer rul
Appendix 5, Figure 3. Approximate watershed boundaries for Ditch W-3b (green polygons).
Appendix 6
Environmental Data Resources, Inc.
Executive Summary
for the
Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation
Bank
Baldwin Swamp Mitigation Bank
O Old Pactolus Road
Greenville, NC 27834
Inquiry Number: 5744015.2s
August 07, 2019
6 Armstrong Road, 4th floor
Shelton, CT 06484
(rEDR ° Toll Free: 800.352.0050
www.edrnet.com
FORM-LBD-CCA
TABLE OF CONTENTS
SECTION
PAGE
Executive Summary
ES1
Overview Map-----------------------------------------------------------
2
DetailMap--------------------------------------------------------------
3
Map Findings Summary
4
Map Findings
8
Orphan Summary
9
Government Records Searched/Data Currency Tracking
GR-1
GEOCHECK ADDENDUM
Physical Setting Source Addendum
A-1
Physical Setting Source Summary
A-2
Physical Setting Source Map------------------------------------------------
A-7
Physical Setting Source Map Findings----------------------------------------
A-8
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,
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LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor
should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property. Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other
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TC5744015.2s Page 1
EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
O OLD PACTOLUS ROAD
GREENVILLE, NC 27834
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator:
UTM X (Meters):
UTM Y (Meters):
Elevation:
35.6247670 - 35° 37' 29.16"
77.2886390 - 77° 17' 19.10"
Zone 18
292734.9
3944543.5
14 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map: 5944944 GREENVILLE SE, NC
Version Date: 2013
North Map: 5945659 GREENVILLE NE, NC
Version Date: 2013
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from: 20140706
Source: USDA
TC5744015.2s EXECUTIVE SUMMARY 1
MAPPED SITES SUMMARY
Target Property Address:
O OLD PACTOLUS ROAD
GREENVILLE, NC 27834
Click on Map ID to see full detail.
MAP
ID SITE NAME ADDRESS
NO MAPPED SITES FOUND
DATABASE ACRONYMS
RELATIVE DIST (ft. & mi.)
ELEVATION DIRECTION
5744015.2s 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
TC5744015.2s EXECUTIVE SUMMARY 3
EXECUTIVE SUMMARY
US INST CONTROL_________ Sites with Institutional Controls
Federal ERNS list
ERNS________________________ Emergency Response Notification System
State- and tribal - equivalent NPL
NC HSDS Hazardous Substance Disposal Site
State- and tribal - equivalent CERCLIS
SHWS------------------------ Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF______________________ List of Solid Waste Facilities
OLI Old Landfill Inventory
DEBRIS______________________ Solid Waste Active Disaster Debris Sites Listing
LCID_________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications
State and tribal leaking storage tank lists
LAST Leaking Aboveground Storage Tanks
LUST ------------------------- Regional UST Database
INDIAN LUST________________ Leaking Underground Storage Tanks on Indian Land
LUST TRUST State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST___________________ Underground Storage Tank Listing
UST__________________________ Petroleum Underground Storage Tank Database
AST AST Database
INDIAN LIST ------------------ 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
VCP Responsible Party Voluntary Action Sites
INDIAN VCP------------------ Voluntary Cleanup Priority Listing
State and tribal Brownfields sites
BROWNFIELDS______________ Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
SWRCY______________________ Recycling Center Listing
TC5744015.2s EXECUTIVE SUMMARY 4
EXECUTIVE SUMMARY
HIST LF______________________ Solid Waste Facility Listing
INDIAN ODI__________________ Report on the Status of Open Dumps on Indian Lands
DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations
ODI__________________________ Open Dump Inventory
IHS OPEN DUMPS___________ Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL Delisted National Clandestine Laboratory Register
US CDL______________________ National Clandestine Laboratory Register
Local Land Records
LIENS 2______________________ CERCLA Lien Information
Records of Emergency Release Reports
HMIRS
Hazardous Materials Information Reporting System
SPILLS_______________________
Spills Incident Listing
IMD__________________________
Incident Management Database
SPILLS 90
SPILLS 90 data from FirstSearch
SPILLS 80--------------------
SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen / NLR---------
RCRA - Non Generators / No Longer Regulated
FUDS
Formerly Used Defense Sites
DOD_________________________
Department of Defense Sites
SCRD DRYCLEANERS______-
State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR
Financial Assurance Information
EPA WATCH LIST ------------
EPA WATCH LIST
2020 COR ACTION_ _ _ _ _ _ _ _
_ _. 2020 Corrective Action Program List
TSCA
Toxic Substances Control Act
TRIS_________________________
Toxic Chemical Release Inventory System
SSTS-------------------------
Section 7 Tracking Systems
ROD
Records Of Decision
RMP_________________________
Risk Management Plans
RAATS_______________________
RCRA Administrative Action Tracking System
PRP
Potentially Responsible Parties
PADS________________________
PCB Activity Database System
ICIS__________________________
Integrated Compliance Information System
FTTS
FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS________________________
Material Licensing Tracking System
COAL ASH DOE
Steam -Electric Plant Operation Data
COAL ASH EPA______________
Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER________
PCB Transformer Registration Database
RADINFO
Radiation Information Database
HIST FTTS___________________
FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS____________________
Incident and Accident Data
CONSENT
Superfund (CERCLA) Consent Decrees
INDIAN RESERV_____________
Indian Reservations
FUSRAP_____________________
Formerly Utilized Sites Remedial Action Program
UMTRA
Uranium Mill Tailings Sites
LEAD SMELTERS____________
Lead Smelter Sites
TC5744015.2s EXECUTIVE SUMMARY 5
EXECUTIVE SUMMARY
US AIRS_____________________
Aerometric Information Retrieval System Facility Subsystem
US MINES --------------------
Mines Master Index File
ABANDONED MINES
Abandoned Mines
FINDS ------------------------
Facility Index System/Facility Registry System
ECHO ------------------------
Enforcement & Compliance History Information
UXO
Unexploded Ordnance Sites
DOCKET HWC_______________
Hazardous Waste Compliance Docket Listing
FUELS PROGRAM___________
EPA Fuels Program Registered Listing
AIRS
Air Quality Permit Listing
ASBESTOS__________________
ASBESTOS
COAL ASH___________________
Coal Ash Disposal Sites
DRYCLEANERS
Drycleaning Sites
Financial Assurance_ _ _ _ _ _
_ _ _ _ Financial Assurance Information Listing
NPDES-----------------------
NPDES Facility Location Listing
UIC
Underground Injection Wells Listing
AOP--------------------------
Animal Operation Permits Listing
PCSRP-----------------------
Petroleum -Contaminated Soil Remediation Permits
SEPT HAULERS
Permitted Septage Haulers Listing
CCB--------------------------
Coal Ash Structural Fills (CCB) Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP____________________ EDR Proprietary Manufactured Gas Plants
EDR Hist Auto EDR Exclusive Historical Auto Stations
EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _. EDR Exclusive Historical Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS-------------------- Recovered Government Archive State Hazardous Waste Facilities List
RGA LF Recovered Government Archive Solid Waste Facilities List
RGA LUST___________________ Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were not identified.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC5744015.2s EXECUTIVE SUMMARY 6
EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC5744015.2s EXECUTIVE SUMMARY 7
OVERVIEW MAP - 5744015.2S
N _ _
i o i
-- I
I
I V�
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
National Priority List Sites
Dept. Defense Sites
0 114 1/2 1 Miles
Indian Reservations BIA 0 Hazardous Substance
Power transmission lines Disposal Sites
ioo-year flood zone
Soo -year flood zone
National Wetland Inventory
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: Baldwin Swamp Mitigation Bank CLIENT: David Knowles Environmental Consulting.
ADDRESS: O Old Pactolus Road CONTACT: David B Knowles
Greenville NC 27834 INQUIRY#: 5744015.2s
LAT/LONG: 35.624767 / 77.288639 DATE: August 07, 2019 10:20 am
Copyright cg 2019 EDR, Inc c: 2015 TomTom Rel. 2015.
DETAIL MAP - 5744015.2S
N
Target Property
A
Sites at elevations higher than
or equal to the target property
♦
Sites at elevations lower than
the target property
1
Manufactured Gas Plants
r
Sensitive Receptors
National Priority List Sites
Dept. Defense Sites
-Ab.
0 1/9 1/4 1/2 Miles
Indian Reservations BIA 0 Hazardous Substance
Power transmission lines Disposal Sites
ioo-year flood zone
soo-year flood zone
. National Wetland Inventory
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: Baldwin Swamp Mitigation Bank CLIENT: David Knowles Environmental Consulting.
ADDRESS: O Old Pactolus Road CONTACT: David B Knowles
Greenville NC 27834 INQUIRY#: 5744015.2s
LAT/LONG: 35.624767 / 77.288639 DATE: August 07, 2019 10:21 am
Copyright cg 2019 EDR, Inc c: 2015 TomTom Rel. 2015.
Appendix 7
DRAFT Conservation Easement
for the
Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation
Bank
DRAFT Conservation Easement for the Baldwin Swamp Riparian
Buffer and Nutrient Offset Mitigation Bank
January 18, 2001
Rev 'd October 16, 2002
Revd August, 2003
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of ,2019 by and between Greene Environmental
Services, LLC ("Grantor") and (Grantee).
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Beaufort County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein ("Property");
WHEREAS, Grantee is [either a public body of this state, an agency of the United
States, or a nonprofit corporation or trust whose purpose is the conservation of property],
and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.
§ 121-35;
WHEREAS , Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
communities: modified streams and ditches, as well as any associated buffers or upland
communities. The purpose of this Conservation Easement is to maintain riparian
resources and other natural values of the Property, and prevent the use or development of
the Property for any purpose or in any manner that would conflict with the maintenance
of the Property in its natural condition.
WHEREAS, the preservation of the Property is required by a Mitigation Banking
Instrument for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank, of
Division of Water Resources Project Number 2018- 0466 v2. The Mitigation Bank is
intended to be used to compensate for unavoidable stream and/or wetland impacts
authorized by permits issued by the Division of Water Resources. Grantor and Grantee
agree that third -party rights of enforcement shall be held by the Division of Water
Resources, and that these rights are in addition to, and do not limit, the rights of the parties
to the Mitigation Banking Instrument.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the
receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Property described on Exhibit A,
together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property; nor enlargement or modification to existing roads, trails or walkways.
G. Sim. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation. Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns; specifically inclusive of
Streams 1 and 2 and Ditches 3, 4 and 5 that are identified in the Bank Parcel
Development Package for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation
Bank In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of
pesticide or biocides is prohibited.
K. Development Rights_ No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt
bikes, all -terrain vehicles, cars and trucks is prohibited above, on or over the Conservation
Easement Property other than for temporary or occasional access for purposes of maintaining the
easement area.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the property for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to
quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish,
and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property,
in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors
and assigns, the right to construct riparian buffer and nutrient offset mitigation on the Property,
in accordance with the detailed mitigation plan (Bank Parcel Development Package) approved
in accordance with the Mitigation Banking Instrument for the Dixon Road Riparian Buffer and
Nutrient Offset Mitigation Bank (Division of Water resources Project Number: 2018 -0466 v2).
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Division of Water Resources, shall have the right to enter the Property at all reasonable
times for the purpose of inspecting said property to determine if the Grantor, or his
personal representatives, heirs, successors, or assigns, is complying with the terms,
conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall
also have the right to enter and go upon the Property for purposes of making scientific or
educational observations and studies, and taking samples. The easement rights granted
herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent
any activity on or use of the Property that is inconsistent with the purposes of this
Easement and to require therestoration of such areas or features of the Property that may
be damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct the conditions constituting such breach. If the breach remains
uncured after 30 days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice,
to obtain a temporary restraining order, injunctive or other appropriate relief if the breach
of the term of this Conservation Easement is or would irreversibly or otherwise
materially impair the benefits to be derived from this Conservation Easement. The
Grantor and Grantee acknowledge that under such circumstances damage to the Grantee
would be irreparable and remedies at law will be inadequate. The rights and remedies of
the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights
and remedies available to Grantee in connection with this Conservation Easement. The
costs of a breach, correction or restoration, including the Grantee's expenses, court costs,
and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be
responsible for the breach. The Division of Water Resources shall have the same right to
access and enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury or change in the Property
resulting from causes beyond the Grantor's control, including, without limitation, fire,
flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to life, damage to property or harm to the
Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property which
have not been expressly subordinated to this Conservation Easement. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title
to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in
all or a portion of the Property. The Grantor agrees to provide written notice of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee
agree that the terms of this Conservation Easement shall survive any merger of the fee
and easement interests in the Property or any portion thereof and shall not be amed
modified or terminated without the prior written consent and approval ofthe Division of
Water Resources.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder 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.
D. Entire Agreement and Severability. 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, Mitigation Banking Instrument
and Bank Parcel Development Package. If any provision is found to be void or unenforceable by a court
of compete jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership_ Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership, operation, insurance,
upkeep, or maintenance of the Property, except as expressly provide herein.
Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations
and permits that may apply to the exercise of the Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued use of
the Property for the conservation purposes, this Conservation Easement may only be extinguished, in
whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Prope lty is taken in the exercise
of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the
full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of
eminent domain, Grantee shall be entitled to the fair market value of this Conservation
Easement. The parties stipulate that the fair market value of this Conservation Easement
shall be determined by multiplying the fair market value of the Property unencumbered
by this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation
Easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner
consistent with the purposes of this Conservation Easement.
I. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter specified
by notice pursuant to this paragraph):
To Grantor:
Greene Environmental Services, LLC
Ham Farms, 963 Hwy 258 S
Snow Hill, NC 28580
Fax: (252) 747-9255
To Grantee:
To Division of Water Resources:
Division of Water Resources
Attn Nutrient Offset Banking Coordinator
1650 Mail Service Center
Raleigh, NC 27699-1650
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's interest
shall become vested in another qualified grantee in accordance with an appropriate
proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a
writing signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the conservation purposes ofthis grant.
L. Present Condition of the Property. The wetlands, scenic, resource,
environmental, and other natural characteristics of the Property, and its current use and
state of improvement, are described in Section 2.0 of the Bank Parcel Development
Package for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank,
dated January 2019, prepared by Grantor and acknowledged by the Grantor and Grantee
to be complete and accurate as of the date hereof. Both Grantor and Grantee have
copies of this report. It will be used by the parties to assure that any future changes in
the use of the Property will be consistent with the terms of this Conservation Easement.
However, this report is not intended to preclude the use of other evidence to establish
the present condition of the Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
Grantor: , Greene Environmental Services, LLC, Date:
Grantee: , Date: