HomeMy WebLinkAbout20190239 Ver 2_Draft BPDP_20200226ID#* 20190239 Version* 1
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Katie Merritt
Initial Review Completed Date 02/26/2020
Mitigation Project Submittal - 2/26/2020
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r Stream r Wetlands W Buffer V Nutrient Offset
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Andrea Eckardt
Project Information
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ID#:* 20190239
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Project Type: r DMS r Mitigation Bank
Project Name: Moccasin Creek Mitigation Site
County: Johnston
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aeckardt@wildlandseng.com
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*1
Existing Version
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Mitigation Plans
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(t WlrtlC
BANK PARCEL
DEVELOPMENT
PACKAGE
February 2020
MOCCASIN CREEK MITIGATION SITE
Johnston County, NC
DWR Project Number 2019‐0239
Neuse River Basin
HUC 03020201
PREPARED BY:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Phone: (704) 332‐7754
Fax: (704) 332‐3306
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page i February 2020
Bank Parcel Development Package
Moccasin Creek Mitigation Site
Neuse River Basin
TABLE OF CONTENTS
1.0 Introduction ...................................................................................................................................... 1
2.0 Mitigation Project Summary ............................................................................................................. 2
2.1 Project Goals ................................................................................................................................. 2
2.2 Existing Parcel Conditions ............................................................................................................. 2
2.3 Watershed Characterization ......................................................................................................... 4
2.4 Drainage District ........................................................................................................................... 4
2.5 Soils ............................................................................................................................................... 5
2.6 Geology ......................................................................................................................................... 5
2.7 Existing Vegetative Communities ................................................................................................. 5
2.8 Threatened and Endangered Species ........................................................................................... 5
2.9 Cultural Resources and Significant Natural Heritage Areas .......................................................... 6
2.10 FEMA Floodplain Compliance ....................................................................................................... 6
2.10 Parcel Location, Parcel Constraints, and Access ........................................................................... 6
2.11 Other Environmental Conditions .................................................................................................. 6
3.0 Site Protection Instrument ................................................................................................................ 7
4.0 Mitigation Work Plan ........................................................................................................................ 7
4.1 Parcel Preparation ........................................................................................................................ 7
4.2 Riparian Area Restoration Activities ............................................................................................. 7
4.3 Riparian Area Enhancement Activities .......................................................................................... 8
4.4 Riparian Area Preservation Activities ............................................................................................ 8
5.0 Monitoring and Maintenance Plan ................................................................................................... 8
5.1 Monitoring Protocol ...................................................................................................................... 8
5.2 Parcel Maintenance ...................................................................................................................... 8
5.3 Easement Boundaries and Fencing ............................................................................................... 9
6.0 Financial Assurance and Long‐Term Management ........................................................................... 9
6.1 Financial Assurances ..................................................................................................................... 9
6.2 Long‐term Management ............................................................................................................... 9
7.0 Mitigation Potential .......................................................................................................................... 9
8.0 References ...................................................................................................................................... 13
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page ii February 2020
FIGURES
Figure 1 Vicinity Map
Figure 2 Service Area Map
Figure 3 Site Map
Figure 4 USGS Topographic Map
Figure 5 Watershed Map
Figure 6 NRCS Soil Survey Map
Figure 7 Buffer Credit Map
Figure 8 Riparian Buffer Zones Map
Figure 9 Monitoring Map
Tables
Table 1 Ecological and Water Quality Goals
Table 2 Buffer Project Attributes
Table 3 Project Features
Table 4 Drainage Areas and Associated Land Use
Table 5 Project Soil Types and Descriptions
Table 6 Site Protection Instrument
Table 7 Selected Tree Species
Table 8 Moccasin Creek Project Mitigation Credits
Table 9 Moccasin Creek Total Area of Buffer and Nutrient Offset Mitigation
Table 10 Credit Release Schedule
APPENDIX
Site Photographs (2/17/2020)
Correspondence with the Moccasin Creek Drainage District
Historical Aerial Photographs
On‐Site Stream Origin Determination for Applicability to Neuse Riparian Buffer Rules – March 5, 2019
Site Viability for Buffer Mitigation and Nutrient Offset Letter – Moccasin Creek Site – November 22, 2019
USFWS Self‐Certification Letter and Concurrence
SHPO Response
EDR Radius Map Report, Executive Summary – Moccasin Creek Mitigation Bank Parcel
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 1 February 2020
Bank Parcel Development Package
Moccasin Creek Mitigation Site
Neuse River Basin
1.0 Introduction
The Moccasin Creek Mitigation Site (Parcel) is located in central Johnston County within the Town of
Pine Level (Figure 1). The Parcel involves riparian restoration on Moccasin Creek and one unnamed
tributary (UT1) in accordance with the Consolidated Buffer Mitigation Rules (15A NCAC 02B .0295). The
project is located within the Neuse River Basin Hydrologic Unit Code (HUC) 03020201160010 and North
Carolina Division of Water Resources (NCDWR) Subbasin 03‐04‐12 and is being submitted for riparian
buffer mitigation credit and nutrient offset credit in the Neuse River Basin HUC 03020201 (excluding
Falls Lake) (Figure 2).
Moccasin Creek flows into Holts Pond and eventually into the Neuse River approximately 12 miles
downstream from the Parcel. Moccasin Creek and its tributaries upstream of Holts Pond are classified as
Nutrient Sensitive Waters (NSW) by the North Carolina Division of Water Resources (NCDWR). The
proposed project supports specific goals identified in the 2010 and 2015 Neuse River Basin Restoration
Priorities Plan (RBRP) by promoting “nutrient and sediment reduction in agricultural areas by restoring
and preserving wetlands, streams and riparian buffers.”
This buffer restoration and nutrient offset project will reduce sediment and nutrient loading, provide
and improve terrestrial and in‐stream habitats, and improve stream and bank stability. The area
surrounding the streams proposed for buffer restoration is currently agricultural fields, typically used to
grow tobacco, soybeans, and corn. See Appendix for Parcel photos taken February 17,2020.
Restoring the vegetation on the areas up to 200 feet from the streams will remove row crops and
fertilizer inputs within the project area. The restored floodplain areas will also filter sediment during
high rainfall events. The establishment of vegetated riparian areas will create shading to minimize
thermal heating. Finally, invasive vegetation will be treated within the project area and the newly
planted native vegetation will provide cover and food for wildlife.
Moccasin Creek Mitigation Site
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 2 February 2020
2.0 Mitigation Project Summary
2.1 Project Goals
The major goals of the proposed buffer restoration and nutrient offset project are to provide ecological
and water quality enhancements to the Neuse River Basin by restoring the riparian area to create a
functional riparian corridor. Specific enhancements to water quality and ecological processes are
outlined below in Table 1.
Table 1: Ecological and Water Quality Goals
Goal Objective
Decrease nutrient
levels
Nutrient input will be decreased by filtering runoff from the agricultural fields through
restored native buffer zones. The off‐site nutrient input will also be absorbed on‐site by
filtering flood flows through restored floodplain areas, where flood flows can disperse
through native vegetation.
Decrease sediment
input
Sediment from off‐site sources will be captured by deposition on restored floodplain
areas where native vegetation will slow overland flow velocities.
Decrease water
temperature and
increase dissolved
oxygen
concentrations
Planted riparian trees will shade the streams as they mature reducing thermal pollution.
Create appropriate
terrestrial habitat
Buffer areas will be restored by removing invasive vegetation and planting native
vegetation.
Permanently protect
the project Parcel
from harmful uses.
A conservation easement will be recorded on the Parcel.
2.2 Existing Parcel Conditions
The proposed buffer restoration and nutrient offset project includes approximately 16.5 acres of open
agricultural fields along Moccasin Creek, one unnamed tributary (UT1), and one ditch (Ditch A). The
agricultural fields are currently being used for soybean and corn production. The farmer regularly
applies chicken litter to the fields to supplement commercial fertilizer. Streams and ditches on the Parcel
have no existing riparian buffer (Figure 3).
Moccasin Creek enters the Parcel from a wooded tract and flows to the southeast across the northern
parcel boundary (Figure 3), thereby connecting the project to the adjacent wildlife corridor. UT1 enters
the Parcel from a culvert under Pine Level Selma Road and flows to the north directly into Moccasin
Creek. Ditch A drains to Moccasin Creek south of UT1. The Parcel is characterized by gently sloped
valleys dominated by row crops. Based on a review of historical aerials (presented in the Appendix), the
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 3 February 2020
land use directly adjacent to onsite streams was farmland as far back as 1959 and has been maintained
as farmland to present.
Moccasin Creek
UT1
Table 2: Buffer Project Attributes
Project Name Moccasin Creek Mitigation Site
Hydrologic Unit Code 03020201160010
River Basin Neuse
Geographic Location (Lat, Long) 35.51708°, ‐78.24795°
Site Protection Instrument (DB, PG) To be recorded
Total Credits
312,980.000 buffer mitigation credits and 15,648.765
nutrient offset credits
Types of Credits Riparian Buffer Credits and Nutrient Offset Credits
BPDP Date February 2020
Initial Planting Date February 2021
Baseline Report Date March 2021
MY1 Report Date December 2021
MY2 Report Date December 2022
MY3 Report Date December 2023
MY4 Report Date December 2024
MY5 Report Date December 2025
NCDWR performed an onsite visit of the Parcel to determine viability for buffer mitigation on February
12, 2019 (letter dated November 22, 2019) for the project. Both Moccasin Creek and UT1 were deemed
viable by NCDWR to generate buffer mitigation. More information was required for Ditch A to
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 4 February 2020
determine its viability for buffer credit. Credits are not requested on Ditch A; therefore, the additional
assessment needed to determine buffer credit viability was not completed. The Buffer Interpretation
/Clarification Memo #2008‐019 applies to Ditch A where maintenance of diffuse flow onsite is
unattainable.
There have been no changes to land use in the project area since NCDWR’s site visit. At this site visit,
NCDWR also assessed the stream origin and issued the official Stream Origin Determination Letter
March 5, 2019. A copy of both the “On‐Site Stream Origin Determination for Applicability to Neuse
Riparian Buffer Rules” and the “Site Viability for Buffer Mitigation & Nutrient Offset” letters from
NCDWR are included in the Appendix and summarized in Table 3.
Table 3: Project Features
Feature Name
(BPDP)
Feature Name
(NCDWR
Evaluation)
Feature Type Buffer Credit Viable
Nutrient Offset Credit
Viable
Moccasin Creek Moccasin Creek Perennial Yes Yes (right bank only)
UT1 UT1 Perennial Yes
Yes
Ditch A A Ditch N/A
Yes
2.3 Watershed Characterization
The Parcel is located within the Targeted Local Watershed 03020201160010 and NCDWR Subbasin 03‐
04‐12. UT1 drains to Moccasin Creek which is classified as C and NSW by NCDWR. Class C waters are
designated for recreational use, agriculture, fishing and fish consumption, and the maintenance of
biological integrity for wildlife. The NSW designation applies to surface waters that are experiencing
excessive growths of microscopic or macroscopic vegetation.
The Parcel topography, as indicated on the Selma and Kenly West, NC USGS 7.5‐minute topographic
quadrangle, shows gently sloped areas throughout the Parcel (Figure 4). Drainage areas for the project
reaches (Figure 5) were delineated using 2‐foot contour intervals derived from the North Carolina
Floodplain Mapping Program’s 2007 Light Detection and Ranging (LiDAR) data. Land uses draining to the
project reaches are primarily agriculture with some forested and residential use. The watershed areas
and current land use are summarized in Table 4, below.
Table 4: Drainage Areas and Associated Land Use
Reach
Name
Reach Length
(LF)
NCDWR Stream
Identification
Forms Scores
Watershed Area
(acres) Land Use
Moccasin
Creek 3,437 35 2,789
45% agriculture; 37% forested; 16%
developed land; 2% open water/wetland
UT1 621 32 573
61% agriculture; 24% forested; 15%
developed land
2.4 Drainage District
The Parcel is located within the Moccasin Creek Drainage District, shown on Figure 1, where active
maintenance is frequently performed. While the drainage district has no drainage easement on the
Parcel, they have been notified and have acknowledged their acceptance that any maintenance they
perform on the section of Moccasin Creek located within the Parcel will be limited to 15 feet from the
top of bank of the streams and ditches identified in the DWR Site Viability Letter. Correspondence with
the Drainage District is included in the Appendix.
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 5 February 2020
2.5 Soils
The Parcel is mapped by the Johnston County Soil Survey. Project soils are described below in Table 5.
An image of the paper copy of the 1994 Soil Survey of Johnston County is provided in Figure 6.
Table 5: Project Soil Types and Descriptions
Soil Name Description
Bibb sandy loam (Bb)
Bibb sandy loam is poorly drained soil found on floodplains and in narrow
drainageways. Permeability and water capacity are moderate. Surface runoff
is very slow. Slopes are 0‐2%.
Gilead sandy loam (GeB)
Gilead sandy loam consists of gently sloping soils on uplands. These soils are
very deep and moderately well drained. They have a loamy surface layer and
a clayey subsoil. In the subsoil, downward water movement is moderately
slow to slow. Seasonal high‐water table is within a depth of 1.5 to 2.5 feet.
Grantham silt loam (Gr)
Grantham silt loam consists of nearly level soils on upland flats and
depressions. These soils are very deep and poorly drained. They have a loamy
surface layer and subsoil. In the subsoil, downward water movement is
moderately slow. Seasonal high‐water table is within a depth of 1.0 foot.
Uchee loamy coarse sand (UcB)
Uchee loamy coarse sand consists of gently sloping soils on uplands. These
soils are very deep and well drained. They have a thick, sandy surface layer
and a loamy subsoil. In the subsoil, downward water movement is moderately
slow. Seasonal high‐water table is within a depth of 3.5 to 5.0 feet.
Source: Johnston County Soil Survey, USDA‐NRCS,
https://www.nrcs.usda.gov/Internet/FSE_MANUSCRIPTS/north_carolina/NC101/0/Johnston.pdf
2.6 Geology
The Parcel is located in the Inner Coastal Plain physiographic province. The landscape of the Inner
Coastal Plain is characterized by flat lands to gently rolling hills and valleys. Elevations range from 25 to
600 feet above sea level. The Coastal Plain largely consists of marine sedimentary rocks comprised of
sand, clay, and limestone that formed through the deposition of estuarine and marine sediments within
the last 140 million years. According to the Geologic Map of North Carolina (1985), the underlying
geology of the proposed mitigation site is mapped as the Yorktown and Duplin Formations (undivided).
The Yorktown Formation is described as fossiliferous clay with varying amounts of fine‐grained sand.
The unit is bluish gray with shell material commonly concentrated in lenses. The Duplin Formation is
described as a bluish gray, shelly, medium to coarse‐grained sand with components of sandy marl and
limestone.
2.7 Existing Vegetative Communities
Existing vegetation within the Parcel is primarily comprised of active row crop fields of soybeans with
narrow streamside thickets on Moccasin Creek as shown in the February 17, 2020 site photos
(Appendix).
2.8 Threatened and Endangered Species
The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS)
database were searched for federally listed threatened and endangered plant and animal species in
Johnston County, NC. Six species, the red‐cockaded woodpecker (Picoides borealis), Neuse River
waterdog (Necturus lewisi), Carolina madtom (Noturus furiosus), Atlantic pigtoe (Fusconaia masoni),
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 6 February 2020
the Tar River spinymussel (Elliptio steinstansana), and Michaux’s sumac (Rhus michauxii) are listed or
proposed for listing as federally endangered or threatened species. Wildlands performed pedestrian
surveys of the Parcel in January 2019, October 2019, and February 2020, and determined there was no
suitable habitat in the project area for the Red‐cockaded woodpecker, Neuse River waterdog, Carolina
madtom, Atlantic pigtoe, or the Tar River spinymussel. There are small sections of suitable habitat for
Michaux’s sumac, but no individual species were identified; therefore, the project will have “no effect”
on any of the federally listed species. The USFWS Self‐Certification Letter and USFWS concurrence is
included in the Appendix.
2.9 Cultural Resources and Significant Natural Heritage Areas
There are no existing structures in the project area. The Parcel is not located near any sites listed on the
National Register with the State Historic Preservation Office (SHPO). Crocker Cemetery is located
adjacent to the Parcel but will not be impacted by the project. SHPO was contacted with request for
review and comment on January 21, 2020. SHPO responded on February 14, 2020, and determine while
two previously recorded pre‐colonial American Indian archaeological sites are located on the Parcel, the
ground disturbance proposed within the easement boundary should have no effect on the
archaeological sites. All communication with SHPO is included in the Appendix.
2.10 FEMA Floodplain Compliance
No grading activities are proposed in the floodplain, so a floodplain development permit will not be
required. No hydraulic modeling is proposed for this project.
2.10 Parcel Location, Parcel Constraints, and Access
The Parcel is located in central Johnston County within the Town of Pine Level (Figure 1). The project is
located within the Neuse River Basin HUC 03020201160010 and NCDWR Subbasin 03‐04‐12, which is in
the Neuse River Basin HUC 03020201.
The Parcel is accessible for construction, monitoring, and long‐term stewardship from Pine Level‐Selma
Road (Figure 3). An access road and associated access easement run down the left side of UT1. The left
side of UT1 will not be restored and will not be included in the conservation easement boundary. A
sewer easement runs along the left bank of Moccasin Creek on the adjacent parcel. The left side of
Moccasin Creek will not be restored and will not be included in the conservation easement boundary.
There is one stream crossing that will be maintained over Moccasin Creek and will be excluded from the
conservation easement boundary. There are two additional areas that will be excluded from the
conservation easement boundary where powerline easements cross over Moccasin Creek (Figure 3).
The proposed route for the Atlantic Coast pipeline is located approximately 0.5 miles northwest of the
property ( https://atlanticcoastpipeline.com/recent‐updates/default.aspx#map).
There are no other known constraints on the proposed Parcel.
2.11 Other Environmental Conditions
An Environmental Data Resources, Inc (EDR) Radius Map Report with Geocheck was ordered for the
Parcel on January 14, 2020. Neither the target property nor the adjacent properties were listed in any of
the Federal, State, or Tribal environmental databases searched by EDR. There was one Leaking
Underground Storage Tank (LUST) site located within 0.25 miles of the Parcel that was closed out in
2003. The Executive Summary of the EDR report is included in the Appendix.
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 7 February 2020
3.0 Site Protection Instrument
The land required for planting, management, and stewardship of the mitigation project includes
portions of the parcel listed in Table 6. The Parcel will remain in private ownership, protected in its
entirety by an approved NCDWR long term steward and will be managed under the terms detailed in an
approved NCDWR conservation easement. Per the Site Viability Letter, the conservation easement will
be transferred to the NCDWR approved long term steward prior to the first credit release.
Table 6: Site Protection Instrument
Landowner PIN County Site Protection
Instrument
Deed Book and
Page Number
Acreage
to be Protected
Daniel F. and Paula
S. Kornegay 262414‐33‐7734 Johnston
Conservation
Easement To Be Recorded 16.5
4.0 Mitigation Work Plan
The project will restore agriculturally impacted land along Moccasin Creek and UT1 to a protected
riparian corridor, improving the ecological function of the area. The project design will ensure that no
adverse impacts to wetlands or existing riparian buffers occur. Figure 7 illustrates the conceptual design
for the Parcel. Figure 8 further depicts the riparian buffer zones for the Parcel.
4.1 Parcel Preparation
The land use within 200 feet from top of bank of the project features has been maintained as cleared for
crops. Areas slated for restoration will require little site preparation because the land has been
maintained in agriculture. Site preparation will include select herbicide treatments and/or limited
mechanical clearing to remove undesirable vegetation. Where needed, invasive species will be
selectively removed and/or spot treated by a licensed pesticide applicator. Any drain tiles found in the
conservation easement area during survey and/or planting of the project will be sealed.
4.2 Riparian Area Restoration Activities
Riparian area restoration will involve planting appropriate native tree species along the riparian corridor.
Vegetation management and herbicide applications may be needed over the first few years of tree
establishment in the riparian restoration areas to prevent encroachment of undesirable species that
may out‐compete the planted native vegetation. Tree species planted across the riparian areas of the
Parcel will include a mixture of the species listed in Table 7 below.
Table 7: Selected Tree Species
Species Common Name Density
Quercus phellos Willow Oak 15%
Platanus occidentalis Sycamore 20%
Betula nigra River Birch 20%
Populus deltoides Eastern Cottonwood 15%
Quercus michauxii Swamp Chestnut Oak 15%
Acer negundo Boxelder 15%
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 8 February 2020
Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A
NCAC 02B .0295 of 260 planted trees per acre at the end of five years of monitoring. No one tree species
will be greater than 50% of the established stems. An appropriate seed mix will also be applied to
provide temporary and permanent ground cover for soil stabilization and reduction of sediment loss
during rain events in areas without existing herbaceous cover. Planting is scheduled for winter February
2021.
4.3 Riparian Area Enhancement Activities
No riparian enhancement activities are planned for the Parcel.
4.4 Riparian Area Preservation Activities
No riparian preservation activities are planned for the Parcel.
5.0 Monitoring and Maintenance Plan
5.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the riparian buffer
restoration and nutrient offset areas to measure the survival of the planted trees. The plots will be
randomly placed throughout the planted riparian areas. A total of 12 plots will be established within the
riparian restoration areas (Figure 9). The size of individual quadrants will be 100 square meters.
Vegetation assessments will be conducted and follow the Carolina Vegetation Survey (CVS) Level 2
Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner
of each of the 12 plots. Photos will be taken from all photo points each monitoring year and provided in
the annual reports. All planted stems will be marked with flagging tape and recorded.
Planting is scheduled for February 2021. The first annual monitoring activities will commence at the end
of the first growing season, at least five months after planting has been completed and no earlier than
the fall season. Species composition, height, and survival rates will be evaluated on an annual basis by
plot. The total number of volunteer woody stems will also be documented and reported. The measure
of vegetative success for the Parcel will be the survival of at least four native hardwood tree species,
where no one species is greater than 50% of the established planted stems, and an established density
of at least 260 planted trees per acre at the end of monitoring year five. Appropriate and desirable
native volunteer species may be included in the Parcel’s density to meet the performance standards
with NCDWR approval.
Wildlands shall submit the annual monitoring report to NCDWR by December 31st of each year for five
consecutive years and will follow the terms and conditions of the Moccasin Creek Mitigation Banking
Instrument (MBI).
5.2 Parcel Maintenance
If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section
5.1, adaptive measures will be developed and/or appropriate remedial actions will be implemented. Site
maintenance will be performed to correct any identified problems on the Parcel that have a high
likelihood of affecting project success. Such items include, but are not limited to, fire, flooding, drought,
or insects that cause excess tree mortality. Any actions implemented will be designed to achieve the
success criteria and will include a work schedule and updated monitoring criteria. Any parcel
maintenance performed will be included in the monitoring report for that year. A rigorous herbicide
schedule may need to be implemented in the first few years of tree establishment in the restoration
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 9 February 2020
areas to prevent establishment of invasive species that may out‐compete the planted native vegetation.
The only herbicides used on the Parcel will be aquatic approved herbicides that will be applied in
accordance with North Carolina Department of Agriculture rules and regulations.
The easement boundary will be checked annually as part of monitoring activities. Easement boundary
conditions as well as any maintenance performed will be reported in the annual monitoring reports to
NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must
receive approval from NCDWR prior to conducting any mowing activities within Neuse Buffer Zones 1
and 2 to ensure that no buffer violations have occurred.
5.3 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by fence, marker, post, tree‐blazing, or other means
as allowed by site conditions and/or conservation easement and will be installed at the completion of
Task 2 as shown in Table 10.0. Boundary markers that have been disturbed, damaged, or destroyed will
be repaired and/or replaced on an as needed basis. Contact information for the conservation easement
holder will be included on easement markers.
6.0 Financial Assurance and Long‐Term Management
6.1 Financial Assurances
Following approval of the Moccasin Creek Mitigation Site Bank Parcel Development Package, the
Sponsor shall provide a Performance Bond from a surety that is rated no less than an “A‐“ as rated by
A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of
the project as described in the Bank Parcel Development Package (BPDP, but not less than $150,000). In
lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first
credit release. In that case no performance bond will be necessary.
After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less
than $100,000. The Performance/Maintenance Bond shall apply at the inception of the monitoring
period for a term of one year and be extended annually for a minimum of five years. Upon NCDWR
approval, this may be lowered each year based on the adjusted cost to complete the monitoring.
Performance Bonds for monitoring shall be renewed at least annually to cover the next years monitoring
period, with confirmation of renewal provided to NCDWR with each annual monitoring report when
applicable. NCDWR reserves the right to alter the credit release schedule if monitoring reports are
submitted without proof of bond renewals when applicable.
6.2 Long‐term Management
The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term
stewardship, and will be managed under the terms detailed in an approved NCDWR conservation
easement. The long‐term manager will be responsible for periodic inspection of the Parcel to ensure
that the restrictions documented in the recorded easement are upheld in perpetuity.
7.0 Mitigation Potential
Of the 16.5 acres protected under the conservation easement, the mitigation activity for 15.2 acres is
riparian restoration. The mitigation credit calculation was derived based on Wildlands’ conceptual
design for maximum ecological uplift. The management objectives, mitigation type, and proposed
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 10 February 2020
amount of buffer mitigation are presented in Tables 8 and 9, below. The Buffer Interpretation
/Clarification Memo #2008‐019 applies to Ditch A where maintenance of diffuse flow onsite is
unattainable. Of the riparian area being restored, the total riparian buffer credits requested are
312,980.000 square feet and the total pounds of nutrient offset credit are 15,648.765. As stated in
Section 2.4, the first 15 feet from top of bank are not eligible for mitigation credit and are not included
in the credit totals. All of the restoration areas beyond the first 15 feet from top of bank are viable for
either riparian buffer credits or nutrient offset credits and can be converted upon approval by NCDWR.
Moccasin Creek Mitigation Site BPDP HUC 03020201 Page 11 February 2020 Table 8: Moccasin Creek Project Mitigation Credits Neuse 03020201 ‐ Outside Falls Lake Service Area 19.16394 N Credit Ratio (sf/credit) N/A P Credit Ratio (sf/credit) Credit Type Location Subject? (enter NO if ephemeral or ditch 1) Feature Type Mitigation Activity Min‐Max Buffer Width (ft) Feature Name Total Area (sf) Total (Creditable) Area of Buffer Mitigation (sf) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (lbs) Delivered Nutrient Offset: P (lbs) Buffer Rural Yes I / P Restoration 15‐100 Moccasin Creek 280,820 280,820 1 100% 1.00000 Yes 280,820.000 Yes 14,653.563 — Nutrient Offset Rural Yes I / P Restoration 101‐200 Moccasin Creek 299,432 299,432 1 33% 3.03030 Yes 98,812.659 Yes 15,624.762 — Buffer Rural Yes I / P Restoration 15‐50 UT1 20,500 20,500 1 100% 1.00000 Yes 20,500.000 Yes 1,069.717 — Buffer Rural Yes I / P Restoration 15‐100 UT1 11,660 11,660 1 100% 1.00000 Yes 11,660.000 Yes 608.434 — Nutrient Offset Rural Yes I / P Restoration 101‐200 UT1 460 460 1 33% 3.03030 Yes 151.800 Yes 24.003 — Totals: 663,859 663,859 Eligible for Preservation (sf): 121,322 Credit Type Location Subject? Feature Type Mitigation Activity Min‐Max Buffer Width (ft) Feature Name Total Area (sf) Total (Creditable) Area for Buffer Mitigation (sf) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Riparian Buffer Credits Buffer r Preservation 0 0 — Preservation Area Subtotal (sf): 0 Preservation as % Total Area of Buffer Mitigation: 0.0% Ephemeral Reaches as % Total Area of Buffer Mitigation: 0.0% Table 9: Moccasin Creek Total Area of Buffer and Nutrient Offset Mitigation TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 363,967 312,980.000 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 363,967 312,980.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: 299,892 15,648.765 Phosphorus: 0.000
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 12 February 2020
Upon submittal of the appropriate documentation by the Sponsor and subsequent approval by NCDWR,
the mitigation credits associated with the Moccasin Creek Mitigation Site will be released as described in
Table 10 below.
Table 10: Credit Release Schedule
Task Project Milestone % Credit Available
for Sale
1 Instrument and BPDP Approved by NCDWR, Conservation Easement
Recorded* and Financial Assurance Posted 20
2 Mitigation Site Earthwork, Planting and Installation of Monitoring
Devices Completed 20
3 Monitoring Financial Assurance Posted and Approval of As‐Built Report 10
4 Monitoring Report #1: Approved by the NCDWR & financial assurance
renewed 10
5 Monitoring Report #2: Approved by the NCDWR & financial assurance
renewed 10
6 Monitoring Report #3: Approved by the NCDWR & financial assurance
renewed 10
7 Item B(1) of Section X in this Instrument has been completed and
approved by NCDWR 5
No remaining credits will be released until the conservation easement has been assigned to an
approved land trust or stewardship
8 Monitoring Report #4: Approved by the NCDWR & financial assurance
renewed 5
9 Monitoring Report #5: Approved by the NCDWR and final site visit by
NCDWR has been conducted 10
Total 100%
*Per the Site Viability Letter, the conservation easement for the Moccasin Creek Site must be transferred to a DWR‐approved
long term steward before the first credit release.
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 13 February 2020
8.0 References
North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications.
http://portal.ncdenr.org/web/wq/ps/csu/classifications
North Carolina Geological Survey (NCGS), 2009. Mineral Resources.
http://www.geology.enr.state.nc.us/Mineral%20resources/mineralresources.html
North Carolina Natural Heritage Program (NHP), 2019. Natural Heritage Element Occurrence Database,
Johnston County, NC. https://www.ncnhp.org/data/species‐community‐search
United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), 2020.
Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/
United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species,
Federal Species of Concern and Candidate Species, Johnston County, NC.
https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
Figures
^_
Figure 1 Vicinity MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
Johnston County, NC
¹
County Boundary
Moccasin Creek Drainage District
Project Location
Conservation Easement Boundary
^_Project Point Location
0 2 41 Miles
Moccasin Creek
UT1JOHNSTONWAYNE2017 Aerial Photog rap hy
^_
Figure 2 Ser vice Area MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
0 105 Miles
Johnston County, NC
¹
County Boundary
HUC 03020201
Service Area - Riparian Buffer and Nutrient Offset Credits
^_Project Point Location
2017 Aerial Photog rap hy
30' Power Line Easeme nt Break
50' Driveway &Sewer LineEasement Break
65'
Moccasin Creek
UT1100' Power Line Easeme nt Break
Ditch A160160Figure 3 Site MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
0 400 800200 Feet
Johnston County, NC
¹
Project Location
Conservation Easement Boundary
Ditch
Project Strea m
Topographic Contours (2')
Non-Project Streams
Sewer Line Easement
Power Line Easement
2017 Aerial Photog rap hy
Figure 4 USGS Topographic MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
0 500 1,000250 Feet
Johnston County, NC
¹
Project Location
Selma and Kenly West USGS 7.5 minute Topographic Quadrangle
1801
6
0
1
4
0
160180160180
1 8 0
180
180180
160160
1601
8
0
180180
160180
1
8
0
1801801601801801801801
8
0 180180160180 1801
6
0180180180160
180
180180
180Figure 5 Watershed MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
0 0.50.25 Miles
Johnston County, NC
¹
Project Location
Watershed
Project Streams
Non-Project Streams
Topographic Contours (4')
2017 Aerial Photog rap hy
Moccasin Creek(2,789 ac.)
UT1(573 ac.)
Figure 6 NRCS Soil Survey MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
0 500 1,000250 Feet
Johnston County, NC
¹
Project Location
Conservation Easement Boundary
1994 N RCS Soil Survey Map - Sheets 7 and 8
30' Power Line Easeme nt Break
50' Driveway &Sewer LineEasement Break
Moccasin Creek
UT1100' Power Line Easeme nt Break
Ditch AFigure 7 Buffer Credit MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
0 400 800200 Feet
Johnston County, NC
¹
Project Location
Conservation Easement Boundary
Ditch
Project Strea m
Buffer Restoration
Nutr ient Offset Mitigation
No C redit
Non-Project Streams
Sewer Line Easement
Power Line Easement
2017 Aerial Photog rap hy
Moccasin Creek
UT1Ditch AFigure 8 Riparian Buffer Zo nes MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
0 400 800200 Feet
Johnston County, NC
¹
Project Location
Conservation Easement Boundary
Ditch
Project Strea m
15' from TOB
16'-50'
51'-100'
101'-200 '
Non-Project Streams
2017 Aerial Photog rap hy
Moccasin Creek
UT1Ditch A0 400 800200 Feet
Johnston County, NC
¹
Project Location
Conservation Easement Boundary
Vegetation Plots
Ditch
Project Strea m
Buffer Restoration
Nutr ient Offset Mitigation
No C redit
Non-Project Streams
2017 Aerial Photog rap hy
Figure 9 Monitoring MapMoccasin Creek Mitigation SiteBank Parcel Development PackageNeuse River Basin (03020 201)
Appendix
Moccasin Creek Mitigation Bank Parcel
DWR # 2019‐0239 Existing Conditions Photographs
2/17/2020
Photo 1 – Moccasin Creek – taken from left bank
looking upstream
Photo 2 – Moccasin Creek – taken from left bank
looking downstream towards private driveway
Photo 3 – Moccasin Creek – taken from right
bank looking at most upstream portion of
project
Photo 4 – Moccasin Creek – standing from right
bank looking at most downstream portion of
project
Photo 5 – UT1 –looking upstream towards the
road
Photo 6 ‐ Ditch looking upstream towards the
road
ON
W
WILDLANDS
ENGINEERING
Via email to: rbraswell@rdbraswell.com
February 12, 2020
Mr. Richard D. Braswell
Chairman
Moccasin Creek Service District
2736 NC Hwy. 210
Smithfield, NC 27577
RE: Notification and Confirmation that the Johnston County Drainage District #1: Moccasin
Creek Watershed Central Drainage District maintenance is limited on Parcel 262414-33-7734
Dear Dicky,
Wildlands Engineering, Inc. is planning a riparian buffer and nutrient offset mitigation bank on
the Johnston County Parcel ID 262414-33-7734 owned by Daniel F. and Paula S. Kornegay. The
attached Exhibit A shows the parcel and the approximate area of the buffer mitigation bank
project. Wildlands' plans are to record a permanent conservation easement approximately in
the areas shown on Exhibit A. Once approved by the NC Division of Water Resources, we will
plant trees throughout the easement area.
As we have previously discussed, the Central Drainage District maintains an access route on the
North side of Moccasin Creek and does not have an easement or right of access on the South
side of Moccasin Creek. However, as a part of its approval process for the buffer restoration
project, the NC Division of Water Resources is requiring that we coordinate with the Drainage
District to document that any future travel -way within the proposed conservation easement
area for the Drainage District will be limited to 15 feet from the top of Moccasin Creek and the
lateral streams coming into Moccasin Creek on the site. This would apply to any future
maintenance contracts issued for the project parcel as well.
Your signature on page two of this letter indicates that you have reviewed the attached
preliminary map and that you see no conflict between the Central Drainage District and the
NCDWR requirements of a limited 15-foot travel -way on the Kornegay's parcel approximately
as shown on the attached Exhibit A.
Page 1 of 2
W Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203
WILDLANDS
ENGINEERING
Thank you for your understanding and cooperation.
Sincerely Yours,
Robert W. Bugg
Director: Mitigation Development and Credit Sales
Wildlands Engineering, Inc.
rbugg@wildlandseng.com
o) 704-332-7754
m) 704-719-2100
CC: Danny Kornegay
Attachment: Exhibit A showing Parcel 262414-33-7734, the conservation easement area, and
the 15' buffer zone from top of bank for the Central Drainage District's access.
Agreed: I / /
Name: Richard D. Braswell
Title: Chairman, Moccasin Creek Service District
Date: — j202O
Page 2 of 2
WWildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203
Moccasin Creek
UT125'
30''
100
55'
50'
Daniel F. and Pa ula S. Kornega yParcel ID 262414-33-7734
Daniel F. and Pa ula S. Kornega yParcel ID 262414-33-7734
Exhibit ADaniel F. and Paula S. KornegayMoccasin Creek Mitigation SiteNeuse River Basin (03020 201)
0 400 800200 Feet
Johnston County, NC
¹
Project Parcel
Conservation Easement Boundary (16.5 ac)
15' Buffer Zone from Top of Bank
Stream
Ditch
Sewer Line Easement
Power Line Easement
2017 Aerial Photog rap hy
Date: 2 /12/2020
The EDR Aerial Photo Decade Package
Moccasin Creek Mitigation Site
W. Main Street
Selma, NC 27576
Inquiry Number:
January 14, 2020
5934333.5
6 Armstrong Road, 4th floor
Shelton, CT 06484
Toll Free: 800.352.0050
www.edrnet.com
2016 1"=500'Flight Year: 2016 USDA/NAIP
2012 1"=500'Flight Year: 2012 USDA/NAIP
2009 1"=500'Flight Year: 2009 USDA/NAIP
2006 1"=500'Flight Year: 2006 USDA/NAIP
1998 1"=500'Flight Date: March 12, 1998 USGS
1993 1"=500'Acquisition Date: March 06, 1993 USGS/DOQQ
1983 1"=500'Flight Date: March 02, 1983 NHAP
1964 1"=500'Flight Date: September 26, 1964 USGS
1961 1"=500'Flight Date: September 12, 1961 USGS
1959 1"=500'Flight Date: March 04, 1959 USDA
1950 1"=500'Flight Date: November 21, 1950 USGS
EDR Aerial Photo Decade Package 01/14/20
Moccasin Creek Mitigation Site
Site Name:Client Name:
Wildlands Eng, Inc.
W. Main Street 1430 South Mint Street
Selma, NC 27576 Charlotte, NC 28203
EDR Inquiry #5934333.5 Contact:Andrea Eckardt
Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist
environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR’s
professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo
per decade.
Search Results:
Year Scale Details Source
When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE
ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more
information contact your EDR Account Executive.
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
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DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE
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5934333 5-page 2
5934333.5
2016
= 500'
5934333.5
2012
= 500'
5934333.5
2009
= 500'
5934333.5
2006
= 500'
5934333.5
1998
= 500'
5934333.5
1993
= 500'
5934333.5
1983
= 500'
5934333.5
1964
= 500'
5934333.5
1961
= 500'
5934333.5
1959
= 500'
5934333.5
1950
= 500'
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Daniel F. and Paula S. Kornegay
610 Worley Road
Princeton, NC 27569
NORTH CAROLINA
Environmental Quality
March 5, 2019
DWR Project #20190239
Johnston County
Subject: On -Site Stream Evaluation and Determination for Applicability to the
Neuse River Riparian Buffer Rules (15A NCAC 02B.0233) and Water
Quality Standards
Project Name: Moccasin Creek Mitigation Site
Address/Location: Pine Level -Selma Road, Selma, NC 27576
Lat. 35.517209, Long -78.248368
Parcel ID's: Johnston County PIN #262414-33-7734
Streams Evaluated: Moccasin Creek and an Unnamed Tributary to Moccasin Creek
Field Date: February 12, 2019
DWR Staff: Shelton Sullivan
Determination Type:
Buffer: Stream:
Neuse (15A NCAC 02B.0233) Ephemeral/Intermittent/Perennial
Tar -Pamlico (15A NCAC 02B.0259) Determination (where local buffer
Catawba (15A NCAC 02B.0243) ordinances apply)
Jordan (15A NCAC 02B.0267) (governmental
and/or interjurisdictional projects)
Randleman (15A NCAC 02B.0250)
Goose Creek (15A NCAC 02B.0605-.0608)
See the following table and written explanation regarding the stream determinations.
D_Eguvw_
wQJ
o."
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
Wildlands Engineering Inc.
Neuse River Riparian Buffer/Stream Determination
DWR Project #20190239
Page 2 of 4
Feature IDl Feature Type Not
Subject
Subject Start@ Stop @ Soil
Survey
USGS
Topo
Moccasin Stream — X Western Eastern X X
Creek Perennial (P) easement easement
boundary, boundary at
behind Crocker North Peedin
Cemetery Avenue
UTI Stream — X Culvert under Confluence X X
Perennial (P) Pine Level with
Selma Road Moccasin
Creek
1 See maps provided showing labeled features
2 Ephemeral (E), Intermittent (I), Perennial (P), Ditch (D)
The Division of Water Resources (DWR) received a Request for Stream Buffer Applicability
Determination for a Potential Mitigation Site of the location described above. On February 12,
2019, DWR staff, along with Andrea Eckardt from Wildlands Engineering Inc. conducted a site
visit.
DWR determined that the two features on the site, Moccasin Creek and the Unnamed Tributary
to Moccasin Creek are both perennial stream features subject to the Neuse River Riparian
Buffer Rules and are both located on the most recently published NRCS Soil Survey of Johnston
County, North Carolina and shown on the most recent copy of the USGS Topographic map at a
1: 24,000 scale.
There may be other streams or features located on the properties and on the included maps
that may be subject to the buffer rules or 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 DWR may request a determination
by the Director. An appeal request must be made within sixty (60) calendar days of the date of
this letter to the Director in writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 2 7699-1 61 7
If sending via delivery service (UPS, FedEx, etc.):
clo Karen Higgins
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within
sixty (60) days.
Wildlands Engineering Inc.
Neuse River Riparian Buffer/Stream Determination
DWR Project #20190239
Page 3 of 4
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 Raleigh Regulatory Field Office at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Shelton Sullivan
at (919) 707-3636.
Sincerely,
Oj 4
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: Maps; Photos by DWR; Stream Rating Forms
cc: Andrea Eckardt, Wildlands Engineering, Inc., aeckardt@wildlandseng.com
401 & Buffer Permitting Branch file copy
DWR RRO via email
Filename: 20190239_Moccasin Creek Stream Call.docx
Wildlands Engineering Inc.
Neuse River Riparian Buffer/Stream Determination
DWR Project #20190239
Page 4 of 4
DWR Photos taken 2/12/2019
Moccasin Creek
UT 1
a
Crocker
1,01\W' Project Location
SR '
R Ise I
WM
0 too* 4P
00
s
Selma and Kenly West USGS 7.5 minute Topographic Quadrangle IF t.
y
W I L D L A N D S 0 300 600 Feet Figure 3 USGS Topographic Map
E N G I N E E R I N G, , , Mocassin CreekMitigation Site
Neuse River Basin (03020201)
Johnston County, NC
Version 4.11
Date:u / i
Project/Site: Cca 1.01k I Latitude:
Evaluator: - S ,•County:-SCA 5+0.) Phe 2.,„L( Longitude:
Total Points: ',
ID Stream Determination (cir OtherStreamisatleastintermittent
3
tient ryI
i219orperennialff230' j L-6Y Ephemeral Interni a nnial e.g. Quad Name:
Y--eJu " LdT 4 G
A. veonnor nolo Subtotal = ck 1 D AbsentMkModerate
2
19. land plants in streambed 3 2
Strong
1a Continuity of channel bed and bank 02.
3
14. Leaf litter 1
Sinuosity of channel along thalweg 03
15. Sediment on plants or debris 0 0.5 1
3. In -channel structure: ex. riffle -pool, step-pool,
0rile- oolse uence4.
16. Organic debris lines or piles 0 0.5 2> 1.5
Particle size of stream substrate 05.
1
es = 3
26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0
Active/relict floodplain 0m6.
Notes:
Depositional bars or benches 03
7. Recent alluvial deposits 0 1 2
8. Headcuts 1 2 3
9. Grade control
10. Natural valley 0 0.5 1
11. Second or greater order channel o = Yes = 3
B. Hvdroloov (Suhtntal n i
12. Presence of Baseflow 0 1 2
19. land plants in streambed 3 2
13. Iron oxidizing bacteria 0 1 2 3
14. Leaf litter 1 0.5 0
15. Sediment on plants or debris 0 0.5 1
23. Crayfish 0
16. Organic debris lines or piles 0 0.5 2> 1.5
17. Soil -based evidence of high water table? No = 0
1
es = 3
Fibrous roots in streambed 3 2 1 0
19. land plants in streambed 3 2 1 0
20. Macrobenthos (no a nd abundance) 0 1 2 3
21. Aquatic Mollusks 0 1 2 3
22. Fish 0.5 1 1.5
23. Crayfish 0 1 1.5
24. Amphibians 0 0.5 1 1.5
25. Algae 0 0.5 1
26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0
perennial streams may also be Identified using other methods. See p. 35 of manual.
Notes:
n
Sketch: 6 y 4 7 'i
NC DWO Stream identifiratinn Rnrm Vercinn d 11
Date: a _ ( a _ Project/Site: i "N)LcaS 1 Latitude:
Evaluator: 11/4 V-1 County: Longitude:
Total Points: U40 °jStreamisatleastintermittent Stream Determination (circlii an Other
Ha 19 orperennial if 30- Ephemeral lntermiftj rlarennia e.g. Quad Name:
f7e't An , " C ,
W >ctM.ex+c_ - -
A. Geomorphology Subtotal = .d _), J Absent Weak Moderate Strong
1a. Continuity of channel bed and bank 0 1 2 0),
2. Sinuosity of channel along thahveg 0 1 C231 3
3. In -channel structure: ex. riffle -pool, step -pool,
rile ool sequence 0 1 2
1.5
4. Particle size of stream substrate 0 1 2
1.5
5. Activelrelict floodplain 0 1 2
1.5
6. Depositional bars or benches 0 1 2
1.5
7. Recent alluvial deposits 0 1 D --T 3
8. Headcuts
FACW = 0.75; OBL = 1.5 Other = o
1 2 1 3
9. Grade control 0.5 1 1.5
10. Natural valley 0 0.5 1 CJ 5
11. Second or greater order channel No = 0
Sketch: In - V+ w ; Xncpu 2 ow :Vv
Y 3
anmvm uim'O arc not rdwo; see uibutissiorp In manual
B. Hvdroloav (Subtotal = t I - S"a
12. Presence of Baseflow 0 1 2
1
13. Iron oxidizing bacteria 1 3
14. Leaf litter 1.5 1 0.5 0
15. Sediment on plants or debris 0 0.5 M:) 1.5
16. Organic debris lines or piles 0 0.5
2
1.5
17. Soil -based evidence of high water table? No = 0 a-3
1
L,. t5ioioaV (buntotal = N 1,-_ 1
18, ibrous roots in streambed 3 2 1 0
19. Rooted u ants in streambed 3 2 1 0
20. Macrobenthos (note divers undance) 0 1 2 3
21. Aquatic Mollusks 0 1 2 3
22. Fish 0 0.5 1 1.5
23. Crayfish 0 0.5 1 1.5
24. Amphibians 0 0.5 1.5
25. Algae 0 0.5 1
26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = o
perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: In - V+ w ; Xncpu 2 ow :Vv as+ AJ V -0f
I L'V -
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
November 22, 2019
Andrea Eckardt
Wildlands Engineering, Inc Johnston County
1430 S. Mint St., Suite 104
Charlotte, NC 28203
(via electronic mail: aeckardtAwildlandseng com)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Moccasin Creek Site
Located at 1839 Pine Level Selma Rd, Selma, NC
Neuse 03020201 (not in Falls WS)
Dear Ms. Eckardt,
On January 8, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Wildlands Engineering, Inc (WEI) for a site visit near the above -referenced
site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was
to determine the potential for riparian buffer mitigation and nutrient offset within a proposed
Easement Boundary, which is more accurately shown in the attached maps labeled "Figure 4"
prepared by WEI. On February 12, 2019, Ms. Merritt performed a site assessment of the subject site.
Staff with WEI were also present. Site constraints on the property are detailed below:
1. Two existing powerline easements are present — one easement is 100' wide and one easement
is 30' wide;
2. One existing driveway is present;
3. Sewer lines are present but the specific sewer line access easement has not been provided to
DWR;
4. Site is located within the Moccasin Creek drainage district where active maintenance is
performed within Moccasin Creek and its unnamed tributaries (see Exhibit A)
Regarding Item 4 above, DWR is likely to support a riparian restoration project adjacent to moccasin
creek and its associated unnamed tributary, labeled UT I, under the following conditions:
l . A Conservation Easement (CE) must include the top of channel banks and be written in a
way to support the Drainage District's needs within the first 15' from top of bank only. This
will have to include the lateral streams and ditches coming into Moccasin on the site as well
2. The CE must be transferred to a DWR- approved long term steward before receiving the first
credit release.
3. Correspondence must be provided to the Drainage District regarding #1 above
4. Correspondence from the Drainage District to Wildlands must be provided to DWR
acknowledging their acceptance that 15' is the maximum width allowed for a travel -way
within the CE area. Their maintenance contract would need to be updated in response to this,
�t North Carolina Department of Environmental Quality I Division of Water Resources
D_E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
____ /"/ 919.707.9000
Moccasin Creek Site
Wildlands Engineering, Inc.
November 22, 2019
noting that 15' along areas of Moccasin Creek and laterals at this location, is the maximum
"travel -way".
No buffer mitigation or nutrient offset credits can be generated within the first 15' from top
of bank.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
1 ub'ect
Riparian Land uses
Buffer
2Nutrient
Mitigation Tyne Determination Win
onsite
to
riparian areas
adjacent to Feature
Credit
Offset
0-200'
Buffe
Viable
Viable at
2.273.02
lbs-N per
acre
Moccasin
Stream
Yes
Left Bank (not located
'Yes
Yes (right
Left Bank/non-forested - Restoration
Creek
within the proposed project
bank only)
Site per 15A NCAC 02B .0295 (n)
boundary) -Mostly non -
forested & non-agricultural
Left Bank/forested - Preservation Site
fields upstream with mature
per 15A NCAC 02B .0295 (o)(5)
forest downstream and a
sewer line easement
Right Bank/Fields - Restoration Site
per 15A NCAC 02B .0295 (n)
Right Bank - Non -forested
agricultural fields
*sewer easement must be located outside
of Zone 1 & be in full compliance with
15A NCAC 02B.0295 (1)(4)(A-C)
A
Ditch
No
Non -forested agricultural
*see note
Yes
Restoration Site per 15A NCAC 02B
fields
.0295 (o)(8)
*Buffer Mitigation Note - Assessment
concludes the ditch meets 15A NCAC
02B .0295 (o)(8) (A, B, C, & E). More
information is required to be provided
in a mitigation plan for complete
assessment. See rule.
UTl
Stream
Yes
Non -forested agricultural
Yes
Yes
Restoration Site per 15A NCAC 02B
fields, driveway parallel to
.0295 (n)
left bank, and a sewer line
easement present
driveway path must be removed outside of
the project area to receive credit
Trash was located in the
stream and should be
*sewer easement must be located outside
removed
of Zone 1 & be in full compliance with
15A NCAC 02B.0295 0)(4)(A-C)
'Subjectivity calls for the features were determined by DWR in correspondence dated March 5, 2019 using the 1:24,000 scale
quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS .
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
Page 2 of 3
Moccasin Creek Site
Wildlands Engineering, Inc.
November 22, 2019
Maps that are attached to this letter were prepared by WEI and initialed by Ms. Merritt on November
22, 2019.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to 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.
This viability assessment will expire on November 22, 2021 or upon the submittal of an As -
Built Report to the DWR, whichever comes first. This letter should be provided in any
nutrient offset, buffer, stream or wetland mitigation plans for this Site
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
MH/kym
Attachments: Figure 2, Exhibit A
cc: File Copy (Katie Merritt)
Sincerely,
Mac Haupt, Acting Supervisor
Wn401 and Buffer Permitting Branch
Page 3 of 3
100' Powerline
Easement Break
WILDLANDS
ENGINEERING
Project Location
------ Sanitary Sewer Line
Proposed Conservation Easement Boundary
Non -Project Streams
Topographic Contours (2')
Project Streams
Project Ditches
Manholes
30' Powerline
Easement Break
50' Driveway
Easement Break
Sewer Location Assumed from
Approximate Locations of Field
Located Sanitary Sewer Manholes.
Not All Manholes Located.
44
A4%4
44
.!
t ♦ a .� A
♦ a
w ..�
Id
AM— AW
0 250 500 F et
Figure 2 Site Map
Moccasin Creek Mitigation Site
Neuse River Basin (03020201)
Johnston County, NC
EXHIBIT A
MAINTENANCE SPECIFICATIONS -MOCCASIN CREEK
The work to be bid consists of approximately 22.4 miles of maintenance work on
the Moccasin Creek Watershed Project extending from just west of US 301 north of
Selma, past the town of Pine Level, to a point designated as the headwaters of Holt's
Pond near Princeton in Johnston County, North Carolina. The maintenance work will
consist of the following:
The mowing of all travel -ways (travel -way herein defined as that area on which
spoil was placed when excavation originally occurred, the spoil being shaped to
allow access) on the main and all laterals in the watershed project. The amount to
be mowed being the side of the channel from waters edge to the top of the channel
bank and the travel -way area from the top of channel bank to adjacent vegetation
beyond one year of age along the edge of the travel -way. Mowing will be done to
approximately a four inch height on the side slope of the channel. Mowing will
be done on both sides of the channel at the areas shown on the project map. All
channel areas that can be accessed from either side shall have the trees removed
and slope mowed on both sides. The approximate locations of these areas are
shown on the project map. The designated Contracting Officer will determine the
exact location and extent of the work in the field.
2. The removal of all debris from the channel. Debris consists of any natural or
manmade material. Natural materials include but are not limited to:
a) Trees that have fallen across the channel whether or not their branches are
in the water.
b) Trees or shrubs fallen in the channel.
c) Beaver dams.
d) Debris pile ups of branches, sticks, etc. in the channel, at culvert pipes,
and at railroad or highway bridges.
e) Trees or shrubs growing below the mean water line in the channel.
f) Sandbar excavation not to exceed the original depth of the channel.
Excavation to be done at the discretion and direction of the designated
Contracting Officer.
Manmade materials include but are not limited to:
a) Tires
b) Appliances
c) Railroad ties
d) Cinder blocks
e) Wooden pallets n�
f) Any trash in channel at time of mowing and maintenance.
9
3. The filling of any sink holes or potholes on the travel -way that might restrict
access.
4. All correspondence regarding this project, pre -bid and post -bid will be solely
through the Contracting Officer. Only the Contracting Officer has the authority to
approve a change or deviation from the specifications.
5. Contactor is to contact the Contracting Officer upon completion of each segment.
Contracting Officer will inspect and mark deficiencies. Contracting Officer will
re -inspect when notified that the deficiencies have been corrected.
All trees, shrubs, debris, etc., cut or removed as a result of maintenance work are
to be disposed of according to local and state law and in a manner acceptable to the
Contracting Officer and adjoining landowners. In no situation shall debris be placed on
cropland or other cleared land. Repair of any damage to culverts, drop inlets, or other
pipes as a result of maintenance work is the responsibility of the Contractor and is to be
corrected to the satisfaction of the Contracting Officer. The Contractor will be provided
a map but the Contractor assumes sole responsibility in determining the extent of
watershed project and the location of the main and all laterals of watershed. Work is not
to be started until all of the following criteria are met:
a) an initial bid acceptance letter is received.
b) a pre -construction conference is attended by the Contractor or a representative
qualified to act on his behalf.
c) a written Notice -to -Proceed is received. This Notice shall be received
annually.
Payment for work will be made upon satisfactory inspection by the Contracting Officer.
10
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:__________________________
Self-Certification Letter
Project Name______________________________
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
“no effect” determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
“may affect, not likely to adversely affect” determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
“may affect, likely to adversely affect” determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
“no Eagle Act permit required” determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the “no effect” or
“not likely to adversely affect” determinations for proposed and listed species and
proposed and designated critical habitat; the “may affect” determination for Northern
long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh@fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package
Species Conclusions Table Project Name: ___Moccasin Creek Mitigation Bank Parcel____________________________________________________________________ Date: _________2/17/2020___________________________________________ Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Red-cockaded woodpecker (Picoides borealis) No suitable habitat present No effect Field visits in January 2019 found no suitable habitat. Project area is active row crop. Neuse River Waterdog (Necturus lewisi) No suitable habitat present No effect Field visit February 2020 found no suitable habitat. Project area is active row crops with banks regularly mowed. No work proposed in the slow flowing streams on site. Carolina Madtom (Notorus furiosus) No suitable habitat present No effect Field visit February 2020 found no suitable habitat. Project area is active row crops with banks regularly mowed. No work proposed in the slow flowing streams on site. Atlantic pigtoe (Fusconaia masoni), No suitable habitat present No effect Field visit January 2019 found no suitable habitat. Project area is active row crops with banks regularly mowed. No work proposed in the slow flowing streams on site. Tar River spinymussel (Elliptio steinstansana) No suitable habitat present No effect Field visit January 2019 found no suitable habitat. Project area is active row crops with banks regularly mowed. No work proposed in the slow flowing streams on site. Michaux’s sumac (Rhus michauxii) Suitable habitat, species not present No effect Field visit January 2019 found small areas of suitable habitat along the roadway, but no individuals present during field visit October 2019. Critical Habitat None No effect Bald Eagle Unlikely to disturb nesting bald eagles No Eagle Act Permit Required Not within 660 feet of large bodies of water Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. _____Andrea Eckardt, Project Manager___________ 2/17/2020 Signature /Title Date
January 28, 2020
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Consultation Code: 04EN2000-2020-SLI-0552
Event Code: 04EN2000-2020-E-01244
Project Name: Moccasin Creek Buffer Mitigation Bank Parcel
Subject:List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally-listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally-protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
01/28/2020 Event Code: 04EN2000-2020-E-01244 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally-listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally-protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
01/28/2020 Event Code: 04EN2000-2020-E-01244 3
▪
Attachment(s):
Official Species List
01/28/2020 Event Code: 04EN2000-2020-E-01244 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
01/28/2020 Event Code: 04EN2000-2020-E-01244 2
Project Summary
Consultation Code:04EN2000-2020-SLI-0552
Event Code:04EN2000-2020-E-01244
Project Name:Moccasin Creek Buffer Mitigation Bank Parcel
Project Type:LAND - RESTORATION / ENHANCEMENT
Project Description:This is a 16.2 acre riparian buffer mitigation project. There will be no
work in the stream, just planting of trees within an existing agricultural
field. This is proposed as a mitigation bank under the State of NC buffer
mitigation rules.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.51935927314052N78.25180330112119W
Counties:Johnston, NC
01/28/2020 Event Code: 04EN2000-2020-E-01244 3
1.
Endangered Species Act Species
There is a total of 6 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red-cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Endangered
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772
Proposed
Threatened
Fishes
NAME STATUS
Carolina Madtom Noturus furiosus
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/528
Proposed
Endangered
1
01/28/2020 Event Code: 04EN2000-2020-E-01244 4
Clams
NAME STATUS
Atlantic Pigtoe Fusconaia masoni
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
Proposed
Threatened
Tar River Spinymussel Elliptio steinstansana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1392
Endangered
Flowering Plants
NAME STATUS
Michaux's Sumac Rhus michauxii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5217
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
1
Andrea Eckardt
From:Wells, Emily N <emily_wells@fws.gov>
Sent:Tuesday, February 18, 2020 3:54 PM
To:Andrea Eckardt; Mann, Leigh
Subject:Re: DUE DATE: MARCH 12, 2020 Fw: Online Project Review Certification Letter MOCCASIN CREEK
BUFFER MITIGATION SITE
Hi Andrea,
Thank you for the information. We would concur with your determination letter.
Thank you,
Emily
From: Mann, Leigh <leigh_mann@fws.gov> on behalf of Raleigh, FW4 <raleigh@fws.gov>
Sent: Tuesday, February 18, 2020 9:12 AM
To: Wells, Emily N <emily_wells@fws.gov>
Subject: DUE DATE: MARCH 12, 2020 Fw: Online Project Review Certification Letter MOCCASIN CREEK BUFFER
MITIGATION SITE
From: Andrea Eckardt <aeckardt@wildlandseng.com>
Sent: Monday, February 17, 2020 9:27 PM
To: Raleigh, FW4 <raleigh@fws.gov>
Subject: [EXTERNAL] Online Project Review Certification Letter
Attached is the completed Online Project Review Certification Package for the Moccasin Creek Buffer Mitigation Site.
The Buffer Mitigation Site is located in Johnston County, NC and consists of planting trees and shrubs within the riparian
buffer of Moccasin Creek and one unnamed tributary.
The package includes Official Species List from IPaC, the completed Species Conclusion Table and the Self Certification
Letter.
Please let me know if you need any additional information.
Thank you
Andrea
Andrea S. Eckardt | Ecological Assessment Team Leader
704.332.7754 x101
Wildlands Engineering, Inc.
1430 S. Mint St, Suite 104
Charlotte, NC 28203
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
February 14, 2020
Andrea Eckardt aeckardt@wildlandseng.com
1430 South Mint Street
Suite 104
Charlotte, NC 28203
Re: Moccasin Creek Mitigation Bank Parcel, Johnston County, ER 20-0191
Dear Ms. Eckardt:
Thank you for your January 22, 2020, submission concerning the above-referenced project. We have
reviewed the materials provided and offer the following comments.
Two previously recorded pre-colonial American Indian archaeological sites (31JT78 and 31JT79) are located
within the subject property. These sites have not been assessed to determine their eligibility for listing in the
National Register of Historic Places. Both sites are in the floodplain south of the project. However, the
boundaries for site 31JT78 may extend into the subject easement areas.
Ground disturbance as proposed within the subject easement areas should have no effect on sites 31JT78
and 31JT79. However, should access roads or additional ground disturbing activities be planned, we request
engineering specifications be submitted to us for review.
In addition, the Crocker Cemetery is located on property immediately southwest of the project area along
Pine Level-Selma Road. The cemetery appears to be well marked and should not be directly impacted by
ground disturbance. However, we recommend heightened caution during ground-disturbing activities in the
vicinity of the cemetery.
Please note that cemeteries are protected under NC General Statutes Chapter 14-148 and 14-149 and are
afforded consideration under Chapter 65. Should human remains be discovered in the vicinity of 31JT78 and
31JT79 or anywhere else in the project area, the provisions of North Carolina General Statute Chapter 70,
Article 3 apply. All ground disturbing activities should immediately cease, and the county medical examiner
should be contacted.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or
environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
FORM-LBD-CCA
®kcehCoeG htiw tropeR ™paM suidaR RDE ehT
6 Armstrong Road, 4th floor
Shelton, CT 06484
Toll Free: 800.352.0050
www.edrnet.com
Moccasin Creek Mitigation Site
W. Main Street
Selma, NC 27576
Inquiry Number: 5934333.2s
January 14, 2020
SECTION PAGE
Executive Summary ES1
Overview Map 2
Detail Map 3
Map Findings Summary 4
Map Findings 8
Orphan Summary 12
Government Records Searched/Data Currency Tracking GR-1
GEOCHECK ADDENDUM
Physical Setting Source Addendum A-1
Physical Setting Source Summary A-2
Physical Setting SSURGO Soil Map A-5
Physical Setting Source Map A-19
Physical Setting Source Map Findings A-21
Physical Setting Source Records Searched PSGR-1
TC5934333.2s Page 1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL
ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE,
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CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor
should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property. Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other
trademarks used herein are the property of their respective owners.
TABLE OF CONTENTS
EXECUTIVE SUMMARY
TC5934333.2s EXECUTIVE SUMMARY 1
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
W. MAIN STREET
SELMA, NC 27576
COORDINATES
35.5167620 - 35˚ 31’ 0.34’’Latitude (North):
78.2481070 - 78˚ 14’ 53.18’’Longitude (West):
Zone 17Universal Tranverse Mercator:
749563.1UTM X (Meters):
3933636.8UTM Y (Meters):
148 ft. above sea levelElevation:
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
5948600 KENLY WEST, NCTarget Property Map:
2013Version Date:
5948616 PRINCETON, NCSoutheast Map:
2013Version Date:
5948590 FOUR OAKS NE, NCSouthwest Map:
2013Version Date:
5948620 SELMA, NCNorthwest Map:
2013Version Date:
AERIAL PHOTOGRAPHY IN THIS REPORT
20140525, 20141018Portions of Photo from:
USDASource:
5934333.2s Page 2
2 LITTLE BEE FOOD MART HWY 70A IMD Higher 1924, 0.364, South
1 PINE LEVEL LIFT STAT N. PEEDIN AVE. LUST, IMD Higher 189, 0.036, SE
MAPPED SITES SUMMARY
Target Property Address:
W. MAIN STREET
SELMA, NC 27576
Click on Map ID to see full detail.
MAP RELATIVE DIST (ft. & mi.)
ID DATABASE ACRONYMS ELEVATION DIRECTIONSITE NAME ADDRESS
EXECUTIVE SUMMARY
TC5934333.2s EXECUTIVE SUMMARY 3
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL National Priority List
Proposed NPL Proposed National Priority List Sites
NPL LIENS Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY Federal Facility Site Information listing
SEMS Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF RCRA - Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG RCRA - Large Quantity Generators
RCRA-SQG RCRA - Small Quantity Generators
RCRA-VSQG RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity
Generators)
Federal institutional controls / engineering controls registries
LUCIS Land Use Control Information System
EXECUTIVE SUMMARY
TC5934333.2s EXECUTIVE SUMMARY 4
US ENG CONTROLS Engineering Controls Sites List
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
DEBRIS Solid Waste Active Disaster Debris Sites Listing
OLI Old Landfill Inventory
LCID Land-Clearing and Inert Debris (LCID) Landfill Notifications
State and tribal leaking storage tank lists
LAST Leaking Aboveground Storage Tanks
INDIAN LUST Leaking Underground Storage Tanks on Indian Land
LUST TRUST State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST Underground Storage Tank Listing
UST Petroleum Underground Storage Tank Database
AST AST Database
INDIAN UST Underground Storage Tanks on Indian Land
State and tribal institutional control / engineering control registries
INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
INDIAN VCP Voluntary Cleanup Priority Listing
VCP Responsible Party Voluntary Action Sites
State and tribal Brownfields sites
BROWNFIELDS Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
SWRCY Recycling Center Listing
EXECUTIVE SUMMARY
TC5934333.2s EXECUTIVE SUMMARY 5
HIST LF Solid Waste Facility Listing
INDIAN ODI Report on the Status of Open Dumps on Indian Lands
DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations
ODI Open Dump Inventory
IHS OPEN DUMPS Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL Delisted National Clandestine Laboratory Register
US CDL National Clandestine Laboratory Register
Local Land Records
LIENS 2 CERCLA Lien Information
Records of Emergency Release Reports
HMIRS Hazardous Materials Information Reporting System
SPILLS Spills Incident Listing
SPILLS 90 SPILLS 90 data from FirstSearch
SPILLS 80 SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated
FUDS Formerly Used Defense Sites
DOD Department of Defense Sites
SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR Financial Assurance Information
EPA WATCH LIST EPA WATCH LIST
2020 COR ACTION 2020 Corrective Action Program List
TSCA Toxic Substances Control Act
TRIS Toxic Chemical Release Inventory System
SSTS Section 7 Tracking Systems
ROD Records Of Decision
RMP Risk Management Plans
RAATS RCRA Administrative Action Tracking System
PRP Potentially Responsible Parties
PADS PCB Activity Database System
ICIS Integrated Compliance Information System
FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS Material Licensing Tracking System
COAL ASH DOE Steam-Electric Plant Operation Data
COAL ASH EPA Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER PCB Transformer Registration Database
RADINFO Radiation Information Database
HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS Incident and Accident Data
CONSENT Superfund (CERCLA) Consent Decrees
INDIAN RESERV Indian Reservations
FUSRAP Formerly Utilized Sites Remedial Action Program
UMTRA Uranium Mill Tailings Sites
LEAD SMELTERS Lead Smelter Sites
US AIRS Aerometric Information Retrieval System Facility Subsystem
EXECUTIVE SUMMARY
TC5934333.2s EXECUTIVE SUMMARY 6
US MINES Mines Master Index File
ABANDONED MINES Abandoned Mines
FINDS Facility Index System/Facility Registry System
ECHO Enforcement & Compliance History Information
DOCKET HWC Hazardous Waste Compliance Docket Listing
UXO Unexploded Ordnance Sites
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
CCB Coal Ash Structural Fills (CCB) Listing
MINES MRDS Mineral Resources Data System
SEPT HAULERS Permitted Septage Haulers Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP EDR Proprietary Manufactured Gas Plants
EDR Hist Auto EDR Exclusive Historical Auto Stations
EDR Hist Cleaner EDR Exclusive Historical Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS Recovered Government Archive State Hazardous Waste Facilities List
RGA LF Recovered Government Archive Solid Waste Facilities List
RGA LUST Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were identified in the following databases.
Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on
a relative (not an absolute) basis. Relative elevation information between sites of close proximity
should be field verified. Sites with an elevation equal to or higher than the target property have been
differentiated below from sites with an elevation lower than the target property.
Page numbers and map identification numbers refer to the EDR Radius Map report where detailed
data on individual sites can be reviewed.
Sites listed in bold italics are in multiple databases.
Unmappable (orphan) sites are not considered in the foregoing analysis.
EXECUTIVE SUMMARY
TC5934333.2s EXECUTIVE SUMMARY 7
STANDARD ENVIRONMENTAL RECORDS
State and tribal leaking storage tank lists
LUST: The Leaking Underground Storage Tank Incidents Management Database contains an inventory
of reported leaking underground storage tank incidents. The data come from the Department of Environment, &
Natural Resources’ Incidents by Address.
A review of the LUST list, as provided by EDR, and dated 08/02/2019 has revealed that there is 1 LUST
site within approximately 0.5 miles of the target property.
PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____
PINE LEVEL LIFT STAT N. PEEDIN AVE. SE 0 - 1/8 (0.036 mi.) 1 8
Incident Phase: Closed Out
Incident Number: 22874
Current Status: File Located in Archives
ADDITIONAL ENVIRONMENTAL RECORDS
Records of Emergency Release Reports
IMD: Incident Management Database.
A review of the IMD list, as provided by EDR, and dated 07/21/2006 has revealed that there are 2 IMD
sites within approximately 0.5 miles of the target property.
PageMap IDDirection / Distance Address Equal/Higher Elevation ____________________ ________ ___________________ _____ _____
PINE LEVEL LIFT STAT N. PEEDIN AVE. SE 0 - 1/8 (0.036 mi.) 1 8
Facility Id: 22874
LITTLE BEE FOOD MART HWY 70A S 1/4 - 1/2 (0.364 mi.) 2 10
Facility Id: 6933
EXECUTIVE SUMMARY
TC5934333.2s EXECUTIVE SUMMARY 8
There were no unmapped sites in this report.
EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.
1
6
0
160
160
1601 6 0
1 60
160 160160160 16 0160
160
1 601601 6 0
1 6 0 160160 160160160
1601 6 0
1601
60160
EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.1601601601
6
0
1601601 60
160
16 0
160
1 6 0
160
1 6 0
MAP FINDINGS SUMMARY
Search
TargetDistance Total
Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
0 NR 0 0 0 0 1.000NPL
0 NR 0 0 0 0 1.000Proposed NPL
0 NR 0 0 0 0 1.000NPL LIENS
Federal Delisted NPL site list
0 NR 0 0 0 0 1.000Delisted NPL
Federal CERCLIS list
0 NR NR 0 0 0 0.500FEDERAL FACILITY
0 NR NR 0 0 0 0.500SEMS
Federal CERCLIS NFRAP site list
0 NR NR 0 0 0 0.500SEMS-ARCHIVE
Federal RCRA CORRACTS facilities list
0 NR 0 0 0 0 1.000CORRACTS
Federal RCRA non-CORRACTS TSD facilities list
0 NR NR 0 0 0 0.500RCRA-TSDF
Federal RCRA generators list
0 NR NR NR 0 0 0.250RCRA-LQG
0 NR NR NR 0 0 0.250RCRA-SQG
0 NR NR NR 0 0 0.250RCRA-VSQG
Federal institutional controls /
engineering controls registries
0 NR NR 0 0 0 0.500LUCIS
0 NR NR 0 0 0 0.500US ENG CONTROLS
0 NR NR 0 0 0 0.500US INST CONTROL
Federal ERNS list
0 NR NR NR NR 0 0.001ERNS
State- and tribal - equivalent NPL
0 NR 0 0 0 0 1.000NC HSDS
State- and tribal - equivalent CERCLIS
0 NR 0 0 0 0 1.000SHWS
State and tribal landfill and/or
solid waste disposal site lists
0 NR NR 0 0 0 0.500SWF/LF
0 NR NR 0 0 0 0.500DEBRIS
0 NR NR 0 0 0 0.500OLI
0 NR NR 0 0 0 0.500LCID
TC5934333.2s Page 4
MAP FINDINGS SUMMARY
Search
TargetDistance Total
Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted
State and tribal leaking storage tank lists
0 NR NR 0 0 0 0.500LAST
1 NR NR 0 0 1 0.500LUST
0 NR NR 0 0 0 0.500INDIAN LUST
0 NR NR 0 0 0 0.500LUST TRUST
State and tribal registered storage tank lists
0 NR NR NR 0 0 0.250FEMA UST
0 NR NR NR 0 0 0.250UST
0 NR NR NR 0 0 0.250AST
0 NR NR NR 0 0 0.250INDIAN UST
State and tribal institutional
control / engineering control registries
0 NR NR 0 0 0 0.500INST CONTROL
State and tribal voluntary cleanup sites
0 NR NR 0 0 0 0.500INDIAN VCP
0 NR NR 0 0 0 0.500VCP
State and tribal Brownfields sites
0 NR NR 0 0 0 0.500BROWNFIELDS
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
0 NR NR 0 0 0 0.500US BROWNFIELDS
Local Lists of Landfill / Solid
Waste Disposal Sites
0 NR NR 0 0 0 0.500SWRCY
0 NR NR 0 0 0 0.500HIST LF
0 NR NR 0 0 0 0.500INDIAN ODI
0 NR NR 0 0 0 0.500DEBRIS REGION 9
0 NR NR 0 0 0 0.500ODI
0 NR NR 0 0 0 0.500IHS OPEN DUMPS
Local Lists of Hazardous waste /
Contaminated Sites
0 NR NR NR NR 0 0.001US HIST CDL
0 NR NR NR NR 0 0.001US CDL
Local Land Records
0 NR NR NR NR 0 0.001LIENS 2
Records of Emergency Release Reports
0 NR NR NR NR 0 0.001HMIRS
0 NR NR NR NR 0 0.001SPILLS
2 NR NR 1 0 1 0.500IMD
TC5934333.2s Page 5
MAP FINDINGS SUMMARY
Search
TargetDistance Total
Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted
0 NR NR NR NR 0 0.001SPILLS 90
0 NR NR NR NR 0 0.001SPILLS 80
Other Ascertainable Records
0 NR NR NR 0 0 0.250RCRA NonGen / NLR
0 NR 0 0 0 0 1.000FUDS
0 NR 0 0 0 0 1.000DOD
0 NR NR 0 0 0 0.500SCRD DRYCLEANERS
0 NR NR NR NR 0 0.001US FIN ASSUR
0 NR NR NR NR 0 0.001EPA WATCH LIST
0 NR NR NR 0 0 0.2502020 COR ACTION
0 NR NR NR NR 0 0.001TSCA
0 NR NR NR NR 0 0.001TRIS
0 NR NR NR NR 0 0.001SSTS
0 NR 0 0 0 0 1.000ROD
0 NR NR NR NR 0 0.001RMP
0 NR NR NR NR 0 0.001RAATS
0 NR NR NR NR 0 0.001PRP
0 NR NR NR NR 0 0.001PADS
0 NR NR NR NR 0 0.001ICIS
0 NR NR NR NR 0 0.001FTTS
0 NR NR NR NR 0 0.001MLTS
0 NR NR NR NR 0 0.001COAL ASH DOE
0 NR NR 0 0 0 0.500COAL ASH EPA
0 NR NR NR NR 0 0.001PCB TRANSFORMER
0 NR NR NR NR 0 0.001RADINFO
0 NR NR NR NR 0 0.001HIST FTTS
0 NR NR NR NR 0 0.001DOT OPS
0 NR 0 0 0 0 1.000CONSENT
0 NR 0 0 0 0 1.000INDIAN RESERV
0 NR 0 0 0 0 1.000FUSRAP
0 NR NR 0 0 0 0.500UMTRA
0 NR NR NR NR 0 0.001LEAD SMELTERS
0 NR NR NR NR 0 0.001US AIRS
0 NR NR NR 0 0 0.250US MINES
0 NR NR NR 0 0 0.250ABANDONED MINES
0 NR NR NR NR 0 0.001FINDS
0 NR NR NR NR 0 0.001ECHO
0 NR NR NR NR 0 0.001DOCKET HWC
0 NR 0 0 0 0 1.000UXO
0 NR NR NR 0 0 0.250FUELS PROGRAM
0 NR NR NR NR 0 0.001AIRS
0 NR NR NR NR 0 0.001ASBESTOS
0 NR NR 0 0 0 0.500COAL ASH
0 NR NR NR 0 0 0.250DRYCLEANERS
0 NR NR NR NR 0 0.001Financial Assurance
0 NR NR NR NR 0 0.001NPDES
0 NR NR NR NR 0 0.001UIC
0 NR NR NR NR 0 0.001AOP
0 NR NR 0 0 0 0.500PCSRP
0 NR NR 0 0 0 0.500CCB
TC5934333.2s Page 6
MAP FINDINGS SUMMARY
Search
TargetDistance Total
Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted
0 NR NR NR NR 0 0.001MINES MRDS
0 NR NR NR NR 0 0.001SEPT HAULERS
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
0 NR 0 0 0 0 1.000EDR MGP
0 NR NR NR NR 0 0.125EDR Hist Auto
0 NR NR NR NR 0 0.125EDR Hist Cleaner
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
0 NR NR NR NR 0 0.001RGA HWS
0 NR NR NR NR 0 0.001RGA LF
0 NR NR NR NR 0 0.001RGA LUST
3 0 0 1 0 2 0- Totals --
NOTES:
TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
TC5934333.2s Page 7
MAP FINDINGSMap ID
Direction
EDR ID NumberDistance
EPA ID NumberDatabase(s)SiteElevation
126 S. THIRD ST.RP Address:
9199895075Telephone:
JAY CARTERContact Person:
JOHNSTON CO PUBLIC UTILITIESCompany:
FAYRegion:
NPMRegional Officer Project Mgr:
Not reportedTestlat:
35.5137 -78.2434Lat/Long Decimal:
FalseValid:
NError Code:
0Error Flag:
FalseRPOP:
FalseRPOW:
0Reel Num:
241CD Num:
FalseRPL:
3PETOPT:
Not reportedRBCA GW:
File Located in ArchivesCurrent Status:
0Release Detection:
Not reportedLUR Filed:
NoFlag1:
NoFlag:
UnknownMTBE1:
NoMTBE:
Industrial/commercialLand Use:
Not reportedSite Risk Reason:
Not reportedPhase Of LSA Req:
Not reportedSite Priority:
Not reportedNORR Issue Date:
Not reportedNOV Issue Date:
Not reportedCorrective Action Plan Type:
LRisk Class Based On Review:
LRisk Classification:
COMMERCIALCommercial/NonCommercial UST Site:
0# Of Supply Wells:
RTank Regulated Status:
Not reportedLevel Of Soil Cleanup Achieved:
02/05/2003Close Out:
Not reportedClosure Request:
12/17/1996Cleanup:
12/17/1996Date Occur:
01/17/1996Date Reported:
PProduct Type:
Leak-undergroundSource Type:
GWContamination Type:
22874Incident Number:
FA-1227UST Number:
00-0-000Facility ID:
PINE LEVEL, NC 27568City,State,Zip:
N. PEEDIN AVE.Address:
PINE LEVEL LIFT STATIONName:
LUST:
189 ft.
0.036 mi.
Relative:
Higher
Actual:
161 ft.
< 1/8 PINE LEVEL, NC 27568
SE IMDN. PEEDIN AVE. N/A
1 LUSTPINE LEVEL LIFT STATION S105120011
TC5934333.2s Page 8
MAP FINDINGSMap ID
Direction
EDR ID NumberDistance
EPA ID NumberDatabase(s)SiteElevation
JOHNSTON CO PUBLIC UTILITIESOwner Company:
9199895075Contact Phone:
JAY CARTEROperator:
GROUNDWATER AND SOIL CONTAMINATION DISCOVERED DURING UST REMOVALIncident Desc:
NoSoil Contam:
Yes, Groundwater Contamination has been detectedGW Contam:
2/8/2001Submit Date:
12/17/1996Date Occurred:
22874Facility ID:
RALRegion:
IMD:
Click here to access the North Carolina DEQ records for this facility:
Not reportedClose-out Report:
Not reportedClosure Request Date:
Not reportedRS Designation:
Not reportedReclassification Report:
Not reportedSOC Signed:
Not reportedCorrective Action Planned:
Not reportedPublic Meeting Held:
Not reported45 Day Report:
Not reportedNORR Issued:
Not reportedNOV Issued:
Closed OutIncident Phase:
2/5/2003Last Modified:
CUst Number:
CSource:
Not reportedCause:
2Err Type:
Not reportedSource Code:
Not reportedRelease Code:
Not reportedPirf/Min Soil:
Not reported5 Minute Quad:
Not reported7#5 Minute Quad:
Not reportedSamples Include:
NWells Affected Y/N:
2/8/2001Priority Update:
USite Priority:
1Location:
3Type:
5Operation Type:
4Ownership:
JAY CARTEROwner/Operator:
GROUNDWATER AND SOIL CONTAMINATION DISCOVERED DURING UST REMOVALDescription Of Incident:
2/8/2001Date Reported:
12/17/1996Date Occurred:
22874Facility Id:
PIRF:
Not reported5 Min Quad:
6/13/2006
due to no constituents above action level. File pulled for archiving
Review of Closure Report and additional info resulted in NFA letterComments:
JOHNSTONRP County:
SMITHFIELD, NC 27577RP City,St,Zip:
PINE LEVEL LIFT STATION (Continued) S105120011
TC5934333.2s Page 9
MAP FINDINGSMap ID
Direction
EDR ID NumberDistance
EPA ID NumberDatabase(s)SiteElevation
Not reportedClose-out Report:
Not reportedClosure Request Date:
Not reportedRS Designation:
Not reportedReclassification Report:
Not reportedSOC Sighned:
Not reportedCorrective Action Planned:
Not reportedPublic Meeting Held:
Not reported45 Day Report:
Not reportedNORR Issued:
Not reportedNOV Issued:
Closed OutIncident Phase:
2/5/2003Last Modified:
22874Facility ID:
DWMAgency:
NODGPS:
Not reportedLongitude Decimal:
Not reportedLatitude Decimal:
Not reportedLongitude Number:
Not reportedLatitude Number:
Not reportedLongitude:
Not reportedLatitude:
Not reported5 Min Quad:
Not reported7.5 Min Quad:
Not reportedSamples Include:
Not reportedSampled By:
Not reportedWells Contam:
Not reportedNum Affected:
NoWells Affected:
RFHDem Contact:
2/8/2001Priority Update:
Not reportedPriority Code:
USite Priority:
lRisk Site:
RuralSetting:
FacilityLocation:
Gasoline/dieselType:
Leak-undergroundSource:
Not reportedQty Recovered 1:
Not reportedQty Lost 1:
Not reportedMaterial:
IndustrialOperation:
PrivateOwnership:
SMITHFIELD, NC 27577Oper City,St,Zip:
SMITHFIELDOperator City:
126 S. THIRD ST.Operator Address:
PINE LEVEL LIFT STATION (Continued) S105120011
9/16/1991Submit Date:
8/28/1991Date Occurred:
6933Facility ID:
RALRegion:
IMD:
1924 ft.
0.364 mi.
Relative:
Higher
Actual:
171 ft.
1/4-1/2 PINE LEVEL, NC
South HWY 70A N/A
2 IMDLITTLE BEE FOOD MART S101523260
TC5934333.2s Page 10
MAP FINDINGSMap ID
Direction
EDR ID NumberDistance
EPA ID NumberDatabase(s)SiteElevation
Not reportedClose-out Report:
Not reportedClosure Request Date:
Not reportedRS Designation:
Not reportedReclassification Report:
Not reportedSOC Sighned:
Not reportedCorrective Action Planned:
Not reportedPublic Meeting Held:
Not reported45 Day Report:
Not reportedNORR Issued:
Not reportedNOV Issued:
REIncident Phase:
Not reportedLast Modified:
6933Facility ID:
DWMAgency:
7GPS:
78.2475Longitude Decimal:
35.5094444444444Latitude Decimal:
781451Longitude Number:
353034Latitude Number:
-78.2475Longitude:
35.50944444Latitude:
Not reported5 Min Quad:
Not reported7.5 Min Quad:
Soil SamplesSamples Include:
Responsible PartiesSampled By:
Not reportedWells Contam:
0Num Affected:
NoWells Affected:
RFHDem Contact:
4/16/1998Priority Update:
HPriority Code:
110ASite Priority:
HRisk Site:
Not reportedSetting:
FacilityLocation:
Gasoline/dieselType:
Leak-undergroundSource:
Not reportedQty Recovered 3:
Not reportedQty Lost:
KEROSENEMaterial:
Not reportedQty Recovered:
Not reportedQty Lost:
DIESELMaterial:
Not reportedQty Recovered 1:
Not reportedQty Lost 1:
GASOLINEMaterial:
CommercialOperation:
PrivateOwnership:
PINE LEVEL, NC 27568Oper City,St,Zip:
PINE LEVELOperator City:
105 W. PINE ST.Operator Address:
Not reportedOwner Company:
Not reportedContact Phone:
DONNY CROCKES/BUSY BEE OIL CO.Operator:
PRODUCT FOUND IN MONITORING WELL.Incident Desc:
NoSoil Contam:
Yes, Groundwater Contamination has been detectedGW Contam:
LITTLE BEE FOOD MART (Continued) S101523260
TC5934333.2s Page 11
ID#* 20190239 Version* 1
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 02/26/2020
Mitigation Project Submittal - 2/26/2020
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r Stream r Wetlands W Buffer V Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Andrea Eckardt
Project Information
.............................................................................................................................................................................
ID#:* 20190239
Existing IDY
Project Type: r DMS r Mitigation Bank
Project Name: Moccasin Creek Mitigation Site
County: Johnston
Document Information
Email Address:*
aeckardt@wildlandseng.com
Version:
*1
Existing Version
Mitigation Document Type:*
Mitigation Bank Instrument
File Upload: Moccasin Creek MBI Draft 2.26.2020.pdf 223.9KB
Rease upload only one RDFcf the conplete file that needs to be subnitted...
Signature
Print Name:* Andrea Eckardt
Signature:*
(t WlrtlC
1
AGREEMENT TO ESTABLISH THE MOCCASIN CREEK MITIGATION BANKING INSTRUMENT IN THE NEUSE
RIVER BASIN FOR RIPARIAN BUFFER AND NUTRIENT OFFSET MITIGATION CREDITS PURSUANT TO THE
NEUSE NUTRIENT MANAGEMENT STRATEGY
TABLE OF CONTENTS
I. PREAMBLE ............................................................................................................................... 2
II. LOCATION AND GEOGRAPHIC SERVICE AREA .............................................................................. 2
III. AUTHORITIES ........................................................................................................................... 3
IV. ESTABLISHMENT OF BANK PARCEL ............................................................................................ 3
V. BANK PARCEL DEVELOPMENT PACKAGE .................................................................................... 4
VI. POST CONSTRUCTION DOCUMENTATION .................................................................................. 6
VII. CALCULATION OF MITIGATION CREDITS ..................................................................................... 8
VIII. CREDIT RELEASE SCHEDULE ..................................................................................................... 10
IX. PROCEDURE FOR DEBITING AND CREDITING MITIGATION CREDITS ........................................... 10
X. BANK PARCEL CLOSURE .......................................................................................................... 12
XI. GENERAL PROVISIONS ............................................................................................................ 12
ATTACHMENTS
A ‐ Division of Water Resources Authority Document
B ‐ Rule Text 15A NCAC 02B .0240
C ‐ Rule Text 15A NCAC 02B .0295 (Effective November 1, 2015)
D ‐ Buffer Ledger Template
E ‐ Nutrient Offset Ledger Template
2
I. PREAMBLE
This Mitigation Banking Instrument (“Instrument”) regarding the establishment, use, operation, and
maintenance of the Moccasin Creek Nutrient Offset and Buffer Mitigation Bank Parcel (“Bank
Parcel”) to provide Neuse Riparian Buffer mitigation credits (“Riparian Buffer Credits”) and Neuse
Nutrient Strategy nutrient load reduction credit (“Nutrient Offset Credits”) is made and entered into
by and among Wildlands Holdings III, LLC acting as the Bank Sponsor (“Sponsor”) and the North
Carolina Department of Environmental Quality – Division of Water Resources (“DWR”). This
Instrument is in accordance with 15A NCAC 02B .0240 and the Consolidated Mitigation Rule 15A
NCAC 02B .0295, which became effective on November 1, 2015 (Attachment D and E).
The purpose of the Bank is:
A. To restore riparian vegetation adjacent to streams and/or agricultural ditches with the intent to
improve water quality within the Neuse River Basin (8‐digit HUC 03020201), excluding the Falls
Lake Watershed.
B. To convert agricultural land uses within riparian areas adjacent to streams and/or agricultural
ditches into a dense, hardwood vegetated state with the intent to significantly reduce nutrient
loadings associated with agricultural practices into streams and ditches.
C. To provide mitigation and sell any resulting Riparian Buffer Credits and/or Nutrient Offset
Credits to third parties in the Neuse River Basin for development (both existing and proposed)
requiring such mitigation.
II. LOCATION AND GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area (“GSA”) is the designated area wherein a Bank can reasonably be
expected to sell Riparian Buffer Credits and/or Nutrient Offset Credits for impacts due to
development activities.
B. The Bank Parcel is located within the Neuse River Basin in the State of North Carolina, United
States Geological Survey (“USGS”) 8‐digit Hydrologic Unit Code (“HUC”) 03020201.
C. Sale or transfer of Riparian Buffer Credits shall be limited to the 8‐digit HUC 03020201 in the
Neuse River Basin, excluding the Falls Lake Watershed, unless otherwise authorized by the DWR
or delegated local government in accordance with 15A NCAC 02B .0295.
D. Sale or transfer of Nutrient Offset Credits shall be limited to the 8‐digit HUC 03020201 in the
Neuse River Basin, excluding the Falls Lake Watershed in accordance with 15A NCAC 02B .0240.
E. The Moccasin Creek Bank Parcel is comprised of land in Johnston County, NC and is currently
used for row crops. The project is located at 35.51708° N and 78.24795° W.
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III. AUTHORITIES
A. The Bank will be used to provide Riparian Buffer Credit and/or Nutrient Offset Credit in
accordance with the requirements in the DWR Authority document referenced herein as
“Attachment A” and attached to this Instrument.
B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Attachment A and any new approved North Carolina (“State”) statutes and
rules for the Neuse Nutrient Sensitive Waters Management Strategy.
C. The selling of mitigation credits shall be consistent with approved State statutes and rules for
the Neuse Nutrient Sensitive Waters Management Strategy.
D. Mitigation activities proposed under this Instrument and corresponding Bank Parcel
Development Package (BPDP) to generate Riparian Buffer Credits and Nutrient Offset Credits
shall be consistent with State statutes and rules for the Neuse Nutrient Sensitive Waters
Management Strategy that are in place at the time a complete BPDP is submitted to DWR.
IV. ESTABLISHMENT OF BANK PARCEL
A. In accordance with 15A NCAC 02B .0295 and 15A NCAC 02B .0240, DWR has provided a “Site
Viability Letter” for the Bank Parcel proposed under this Instrument. The Site Viability Letter is
not an approval of the site to generate mitigation credits, but is a preliminary review of the Bank
Parcel that details and confirms existing land use conditions, defines the riparian sites
(Enhancement, Preservation, or Restoration), and identifies features (streams, ditches, ponds,
etc.) that meet general criteria to be suitable to generate mitigation credits. Table 1.0 below
outlines when a Site Viability Letter was issued by DWR for the mitigation site proposed under
this Instrument:
Table 1.0 – Site Viability Letter Details
Bank Parcel NC DWR Site
Evaluation Viability Letter Received Viability Letter
Expiration Date
Moccasin Creek February 12, 2019 November 22, 2019 November 22, 2021
B. A valid Site Viability Letter is required prior to submittal of each BPDP. Site Viability Letters will
either expire on the dates listed in the table above or upon submittal of an individual As‐Built
Report to the DWR, whichever comes first. If a Site Viability Letter expires prior to submittal of a
complete BPDP as described in Section V to DWR, then the Sponsor must submit a formal
request to DWR for a new Site Viability Letter for that Bank Parcel.
C. The Bank Parcels proposed for inclusion under this Instrument shall require a BPDP be
submitted to, and approved, by the DWR prior to use of the individual Bank Parcel for mitigation
purposes or the sale or transfer of any associated credits. The contents of BPDP are provided in
Section V.
D. The BPDP submitted under this instrument will be placed on public notice and made available
for public commenting for 15 calendar days.
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E. Per the Site Viability Letter no buffer mitigation or nutrient offset credits can be generated
within the first 15 feet from top of bank on the Site due to the Site’s location within the
Moccasin Creek drainage district. Additional communication between the Bank Sponsor and the
Drainage District documenting what level of maintenance is permitted within the 15 feet from
top of bank shall be included in the BPDP.
F. The Bank Parcel is intended to provided Neuse Riparian Buffer Mitigation as follows:
1. Planting hardwood trees and shrubs on a Restoration Site as defined in 15A NCAC 02B
.0295 (b) adjacent to streams.
G. Nutrient Offset Credit may be achieved on the Bank Parcel through restoration of the riparian
areas where agriculture was determined by DWR to be the predominant land use. The width of
the restoration area begins at the most landward limit of the top of bank or the rooted
herbaceous vegetation and extends landward a minimum of 50 feet and a maximum of 200 feet
on all sides of the surface waters.
H. The Bank Parcel is expected to provide Nutrient Offset Credits in accordance with 15A NCAC 02B
.0240 and are expected to provide Nutrient Offset Credit as follows:
1. Converting agricultural land uses within riparian areas to non‐agricultural land uses.
2. Planting hardwood trees and shrubs on a Restoration Site as defined in 15A NCAC 02B
.0295 (b) adjacent to streams where agriculture has been determined by DWR to be
the predominant land use.
V. BANK PARCEL DEVELOPMENT PACKAGE
A. The Bank Parcel Development Package (BPDP) submitted under this Instrument shall be
submitted to DWR for review and must be approved by DWR prior to any construction on the
Bank Parcel. The BPDP must describe any changes that have occurred to the site between the
date of the Site Viability Letter and the date the BPDP is submitted to DWR. The BPDP shall
include detailed information consistent with the sections below concerning; 1) site location (8‐
digit HUC is required); 2) existing conditions with current photos; 3) proposed buffer mitigation
and nutrient offset activities including a detailed vegetation plan; 4) monitoring and
maintenance plans; 5) financial assurances; 6) associated buffer mitigation/nutrient credit
calculations, which shall include credit generation, service area, and accounting as appropriate
for each regulatory authority; 7) stream buffer determination letter from DWR; 8) Site Viability
Letter from DWR; and 9) service area figure for each mitigation type.
B. The Sponsor will obtain all applicable federal, state and local documentation, permits, or
authorizations needed to construct and maintain the Bank Parcel. This Instrument does not
qualify as, or substitute for, such documentation, permit, or authorization.
C. Any restoration activities or proposed construction within the riparian buffers and other riparian
areas on the Bank Parcel to produce Riparian Buffer Credit and/or Nutrient Offset Credit must
be approved by DWR in writing prior to implementation. The failure of the Sponsor to comply
with this requirement may result in a revised or reduced credit release schedule for that specific
Bank Parcels.
5
D. Requests for deviation from the approved BPDP must be submitted to DWR in writing. Written
approval from the DWR must be received prior to implementing any deviation from the
approved BPDP.
Property Disposition & Long‐Term Management
E. Prior to the release of any credits, the Sponsor shall record permanent conservation easements
at the Johnston County Register of Deed's office that is sufficient to ensure protection,
operation, and maintenance of restored riparian buffers and other riparian areas for the
duration specified in the approved BPDP.
F. The form of the conservation easement shall be consistent with the standards employed by the
State of North Carolina in the protection of restored riparian buffers and riparian areas and shall
be approved by the DWR prior to the release of any credits.
G. The Sponsor shall not grant additional easements, right of ways, or any other property interest
in or to the project areas, without prior approval from the DWR.
H. The Sponsor agrees to assign the conservation easement and its interests in perpetuity to a
qualified holder under NC General Statute (“GS“) 121‐34 et seq. and 170(h) of the Internal
Revenue Code prior to the first credit release. The holder shall be a land trust or stewardship
program that will hold and enforce the conservation easement and the interests in perpetuity.
The Sponsor shall choose a land trust or stewardship program that is accredited by the Land
Trust Accreditation Commission and/or has been approved by DWR. A land trust must be
certified under 501(c)(3) of the Internal Revenue Code.
I. In the event the Sponsor is also the owner of the underlying fee interest in the property the
conveyance of the conservation easement to a land trust or stewardship fund must be arranged
at the outset of the approved BPDP.
Financial Assurances
J. Following approval of the BPDP, the Sponsor shall provide Performance/Maintenance Bonds
from a surety company that is rated no less than an “A‐“ as rated by A.M. Best, to construct the
sites according to the approved BPDP. It is the Sponsor’s responsibility to confirm that the
surety company is rated no less than an “A‐” with each annual bond renewal.
K. The amount of the Performance Bond shall be 100% of the estimated cost for implementation
of the mitigation activities of the Bank Parcel as described in the approved BPDP. No bond shall
be less than $150,000.00 to cover construction costs.
L. Alternatively, in lieu of posting a Performance Bond, the Sponsor may elect to construct the
project prior to the first credit release.
M. Once DWR has released all credits for completion of all the items listed below, then the Bank
Sponsor will be released from its performance obligations under the performance bond required
in Item J and K of this section:
6
1. Instrument and BPDP Approved by DWR, Conservation Easement Recorded, Financial
Assurance Posted;
2. Mitigation Site Earthwork and Planting and Installation of Monitoring Devices Completed;
3. As‐Built Report as described in Section VI has been received by DWR; and
4. DWR has submitted a written approval of the As‐Built Report
N. To comply with this section, DWR must be the Obligee on all performance bonds.
VI. POST CONSTRUCTION DOCUMENTATION
As‐Built Report
A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this
Instrument and corresponding BPDPs, to establish, maintain, and monitor Neuse Riparian
Buffers or other riparian areas until Items B (1) and (2) of Section X have been satisfied.
B. The Sponsor will submit an as‐built plan and report for the Bank Parcel within 30 calendar days
after completing the establishment of the buffer mitigation and nutrient offset areas. Each As‐
Built report will describe any deviation from the approved BPDP and will document the
following:
1. Buffer restoration planting details, confirmation of fence installation (where applicable),
invasive species control, monitoring device locations, vegetation plot locations, and
photo point locations.
2. Boundary Survey of the conservation easement area, signed and sealed by a licensed
surveyor, including an inventory of the final mitigation areas for Riparian Buffer Credits
and Nutrient Offset Credits in both square feet and acres.
3. As‐built map of the mitigation area showing where riparian restoration was performed
and any deviations to the Bank Parcel from what was approved in the BPDP.
4. Aerial map of the mitigation that was included in the approved BPDP.
Financial Assurance
C. After completion of the restoration/construction on the Bank Parcel, a separate Performance/
Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring
and maintenance plan as described in the approved BPDP and As‐Built Report. The Bond must
be from a surety company that is rated no less than an “A‐' as rated by A.M. Best, and it is the
Sponsor's responsibility to confirm the surety company is still rated no less than an “A‐“ with
each annual bond renewals.
D. A Performance/Maintenance Bond shall be secured each year for a minimum of five years, and
until DWR has released all mitigation credits to the Bank Sponsor. Upon DWR approval, the
7
bond may be lowered each year based on the adjusted cost to complete the monitoring. No
bond shall be less than $100,000 to cover monitoring and maintenance costs.
E. Once DWR has released 100% of all credits for completion of all Bank Parcel milestones
described in Table 2 of Section VIII and in the corresponding BPDP, the Bank Sponsor will be
released from its performance obligations under the performance bond required in C and D in
this section.
F. To comply with this section, DWR must be the Obligee on all performance bonds.
Monitoring and Maintenance Reports
G. The Sponsor shall monitor the Bank Parcel as described in the BPDP until such time as DWR
determines that the performance standards described below have been met. The monitoring
period shall be a minimum of five consecutive years.
H. Performance Standards for Vegetation: Native hardwood trees or native hardwood tree and
shrub species should be planted at a density sufficient to provide 260 stems per acre after five
years. A minimum of four (4) native hardwood trees or four (4) native hardwood tree and shrub
species must be planted. No one species shall be greater than 50% of the planted stems. A list of
species for planting will be detailed in the BPDP for approval. Native hardwood tree volunteer
species may be included to meet performance standards as determined by the DWR.
I. A "stem" means a woody seedling, sapling, shrub or tree, no less than 10 centimeters in height.
J. If the performance standards of the vegetation are not met, supplemental plantings may be
required. Supplemental plantings will be utilized until the required densities have been achieved
and maintained for five years. Bank Parcel maintenance, such as ensuring diffused flow,
managing invasive species, and pest control will be included in the BPDP.
Monitoring Reports for Riparian Buffer Credit or Nutrient Offset Credit
K. Reporting criteria of the vegetation shall be based on the Carolina Vegetation Survey (CVS) ‐ EEP
Protocol for Recording Vegetation Level 2 Plot Sampling only version 4.0 or any updated
versions of this protocol in place at the date of acceptance of the BPDP. The Sponsor shall
submit to the DWR an annual monitoring report no later than December 31 of each year for a
minimum of five consecutive years after the first full growing season. This report will describe
the conditions of the Bank Parcel, including an evaluation of the performance standards of the
vegetation contained within the approved BPDP. Reports shall contain the following:
1. A U.S. Geological Survey map showing location of the Bank Parcel;
2. A detailed narrative with supporting photos summarizing the condition of the Bank
Parcel along with any maintenance or remediation performed that year; and
3. A map, survey, or other figures showing locations of sampling plots, permanent photo
points, and location of transects, Etc.; and
4. Monitoring data, including specific vegetation counts showing that the trees or tree and
shrub species planted are meeting performance standards and updated photographs;
and
8
5. A copy of the most recent Bank credit/debit lodgers; and
6. Corresponding verification letters from designated local governments upon request; and
7. Corresponding Mitigation Transfer Certificates upon request; and
8. Proof of performance bond renewal to cover the next monitoring year (when
applicable).
Contingency Plans/Remedial Actions
L. In the event a Bank Parcel fails to achieve the performance criteria described in this Instrument
and in the approved BPDP, the Bank Sponsor shall develop necessary contingency plans in
coordination with the DWR and implement appropriate remedial actions for the Bank Parcels
and the Bank. Depending on the degree of remedial actions required, the DWR may modify the
monitoring period.
VII. CALCULATION OF MITIGATION CREDITS
Riparian Buffer Credits
A. All Riparian Buffer Credits shall be determined based on the ratios and percentages provided in
15A NCAC 02B .0295 (m) and (n).
B. Riparian buffer restoration on the Bank Parcel, as described in 15A NCAC 02B .0295(n) and (o),
and defined n 15A NCAC 02B .0295 (b) that is performed on agriculture lands within the Bank
Parcel, may be used for either Riparian Buffer Credit or Nutrient Offset Credit, but not both.
C. Riparian Buffer Credit is defined as one (1) buffer credit per one square foot or 43,560 buffer
credits per one acre.
Nutrient Offset Credits
D. The acreage of Nutrient Offset Credits on the Bank Parcel is determined by applying the
applicable ratio as provide in 15A NCAC 02B .0295(m) for a Restoration Site. All riparian areas
proposed for Nutrient Offset Credits must be a minimum of 50 feet from the top of the stream
or ditch banks on land noted in a Site Viability Letter as agriculture.
E. Nutrient Abatement of Restored Riparian Area/Buffers: The Sponsor and DWR agree:
1. The pounds of nitrogen offset per acre of restored riparian areas/buffers shall be
2,273.02 pounds per acre.
F. The Sponsor and DWR agree that methodology and calculations for determining nitrogen
reduction, associated with restoration of riparian areas as described in Section IV of this
Instrument, shall be fixed as part of the approval of this Instrument, with the fixed amount not
changing during the Bank Parcel Development or credit release schedule for the Bank Parcel
unless the viability letter for that Bank Parcel has expired.
9
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10
VIII. CREDIT RELEASE SCHEDULE
A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by
DWR, it is agreed that the mitigation credits associated with each individual Bank Parcel will
become available for sale to a third party in accordance with Credit Release Schedule below in
Table 2.0
Table 2.0 ‐ Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
Task Project Milestone
%Credit
Available for
Sale
1 Instrument and BPDP Approved by DWR, Conservation Easement
Recorded* and Financial Assurance Posted 20
2 Mitigation Site Earthwork, Planting and Installation of Monitoring Devices
Completed 20
3 Monitoring Financial Assurance Posted and Approval of As‐Built Report 10
4 Monitoring Report #1: Approved by the DWR** & financial assurance
renewed 10
5 Monitoring Report #2: Approved by the DWR** & financial assurance
renewed 10
6 Monitoring Report #3: Approved by the DWR** & financial assurance
renewed 10
7 Item B(1) of Section X in this Instrument has been completed and
approved by DWR 5
No remaining credits will be released until the conservation easement has
been assigned to an approved land trust or stewardship
8
Monitoring Report #4: Approved by the DWR** & financial assurance
renewed 5
9
Monitoring Report #5: Approved by the DWR** and final site visit by DWR
has been conducted 10
Total 100%
* For specification, please see Section V in this Instrument
** DWR Approval provided upon a determination that the site is meeting success criteria
contained within the approved BPDP
B. DWR may modify Credit Release Schedules based on the information submitted or the order in
which required information is received. DWR will notify the Sponsor of any modification to the
credit release schedule.
C. DWR may consider a Credit Release Schedule for a Bank Parcel based on the extent of change
between current onsite conditions and proposed post construction conditions.
IX. PROCEDURE FOR DEBITING AND CREDITING MITIGATION CREDITS
Credit Ledgers
A. The Bank Sponsor shall maintain one credit ledger for each mitigation type for each Bank Parcel
under this Instrument: Credit ledgers shall provide the accounting for Riparian Buffer Credits in
square feet and acres and Nutrient Offset Credits in pounds and acres.
11
B. Each credit ledger shall be submitted on a separate 8 ½ in. x 11in. spreadsheet with legible font
style and font size. All ledgers shall be submitted using the templates provided in Attachment D
and E of this Instrument or any updated versions to these templates as provided by DWR.
Credit Processing
C. Riparian Buffer Credits generated on this Bank Parcel must be provided to offset impacts within
the 03020201 HUC of the Neuse River Basin, except the Falls Lake Watershed, according to 15A
NCAC 02B .0295 (g).
D. Nutrient Offset Credits generated on this Bank Parcel will be used to offset nitrogen nutrient
loads within the 03020201 HUC of the Neuse River Basin, excluding the Falls Lake Watershed, in
accordance with 15A NCAC 02B .0240.
E. Available Riparian Buffer Credits(credits that have been released by DWR but not sold by the
Sponsor) that meet criteria for nutrient offset credits as outlined in Section VII of this
Instrument, the Site Viability Letter and the corresponding BPDP can be converted and
transferred from Riparian Buffer Credits to Nutrient Offset Credits upon written approval from
DWR. Once a credit has been converted to another credit type, the transaction is permanent
and the credit cannot be converted again.
F. Available Nutrient Offset Credits (credits that have been released by DWR but not sold by the
Sponsor) that are generated within 0‐100’ from top of banks and meet criteria for riparian
buffer credits as outlined in Section VII of this Instrument, the Site Viability Letter, 15A NCAC
02B .0295 and the corresponding BPDP can be converted from Nutrient Offset Credits to
Riparian Buffer Credits upon written approval from DWR. Once a credit has been converted to
another credit type, the transaction is permanent and the credit cannot be converted again.
G. The Bank Sponsor shall obtain verification of nutrient offset need from a designated local
government in the 03020201 HUC of the Neuse River Basin outside of the Falls Watershed, prior
to debiting Nutrient Offset Credits from the Bank Parcel.
H. The Bank Sponsor shall obtain verification of buffer mitigation required from the delegated local
government in the 03020201 HUC of the Neuse River Basin outside of the Falls Watershed or
DWR prior to debiting Riparian Buffer Credits from the Bank Parcel.
I. All credit and debit transactions for each Bank Parcel under this Instrument shall be accurately
depicted in the credit ledgers. The Sponsor shall submit accurate and up‐to‐date credit ledgers
for each Bank Parcel by the 10th of each month. At a minimum and only upon request, DWR
shall receive a hard copy of updated credit ledgers along with corresponding Mitigation Credit
Transfer Certificates and all corresponding letters from the designated local governments or
DWR where applicable once a year. Notification of all credit sales shall be provided to DWR until
all credits that have been released have been sold.
12
Mitigation Credit Transfer Certificates
J. All credit sales will include a Mitigation Credit Transfer Certificate (“Certificate") that is required
to be provided to the buyer of Riparian Buffer and/or Nutrient Offset Credits, that will include,
at a minimum, the following information;
1. Bank Details: (1) Sponsor Name, (2) Bank Parcel name as it appears in this Instrument
and, (3) DWR project number for the BPDP.
2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, and (3‐ when
applicable) amount of nitrogen credits purchased in pounds and confirmation from the
designated local governments of the amount required, and (4‐when applicable) the
amount of Riparian Buffer Credits purchased in square feet and the confirmation from
DWR or the local government of the amount required.
3. Permitted Project Details: (1) project name as it appears on DWR or local government
permits and/or certifications, (2) 8‐digit HUC, (3) river basin, (4) nutrient strategy
applicable to the project with impacts, (5 – when applicable) designated local
government requiring Nutrient Offset Credits, and/or (6) DWR authorization number or
delegated local government requiring Riparian Butter Credits for this project.
K. If the DWR determines the Bank is operating at a deficit (e.g. the Sponsor is closing on sales
and/or transferring credit that is not available), or the Bank is selling credits out of compliance
with statutes, rules or this Agreement, the sale/transfer of credits will immediately cease, and
the DWR, in consultation with the Sponsor, will determine what remedial actions are necessary.
X. BANK PARCEL CLOSURE
A. Bank Parcel Closure shall be identified as the event when the Sponsor is relieved of all its
responsibilities to the Bank Parcel and there are no Riparian Buffer Credits or Nutrient Offset
Credits left to sell.
B. Bank Parcel Closure shall commence only after all the following events have occurred;
1. Transfer or assign the conservation easement and all its interests, in perpetuity, to a
land trust or stewardship program as described in Section V of this instrument.
2. All five years of monitoring completed and all monitoring reports submitted and
approved by DWR.
3. All credits have been released and debited and updated ledgers showing zero credit
balances have been submitted and approved by DWR.
XI. GENERAL PROVISIONS
A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor
and the landowner shall grant permission to the Director of DWR, or an authorized
representative of the Director of DWR to enter the property containing the Bank Parcel(s).
13
B. Amendments: This Banking Instrument may be amended or modified only with written approval
of all signatory parties, including the USACE if it is applicable to the amendment.
C. Any transfer of the Sponsor’s rights or obligations outlined in this Instrument or any other
agreement referenced in this Instrument to a third party must be approved by DWR prior to the
transfer.
D. Force Majeure: After 100% of all the credits have been released in accordance with the credit
release schedule in Section VIII and confirmation has been received by the DWR that the
Conservation Easement has been successfully assigned in compliance with Item H of Section V,
the Sponsor will not be responsible for Bank failure that is attributed to natural catastrophes
including but not limited to flood, drought, disease, regional pest infestation, etc. that are
beyond the control of the Sponsor.
E. However, if an event occurs before 100% of all the credits have been released in accordance
with the credit release schedule in Section VIII, the Sponsor shall take remedial action to restore
the property to its condition prior to the event, in a manner sufficient to provide adequate
mitigation to cover credits that were sold prior to the occurrence of the event. Such remedial
action shall be taken by the Sponsor only to the extent necessary and appropriate, as
determined by DWR and the Sponsor.
DWR must concur in writing that a force majeure event has occurred for this provision to apply.
F. Oversight: Actions taken by DWR may include, but are not limited to, the following:
1. Site visits,
2. Issuance of Site Viability Letters,
3. BPDP review and approval of items listed in Section V of this Instrument,
4. As‐Built report review and approval of items listed in Section VI of this Instrument,
5. Monitoring Report review and approval of items listen in Section VI of this Instrument,
6. Credit Ledger review and approval of items listen in Section IX of this Instrument,
7. Certificate review of items listed in Section IX of this Instrument and cross analysis to
credit ledgers and,
8. Information requests, file reviews and audits.
Reports, ledgers, files and other information shall be made available to DWR upon request, unless
otherwise specified in this or any other document.
G. Validity of this Instrument: This Instrument will become valid on the date of the last party’s
signature.
H. Specific Language of this Instrument Shall Be Controlling: To the extent that specific language in
this document changes, modifies, or deletes terms and conditions contained in those
documents that are incorporated into the Instrument by reference, and that are not legally
binding, the specific language within the Instrument shall be controlling.
14
I. Any disputes over decisions regarding this Instrument, shall be referred to the Director of DWR
for a decision. The Director’s decision is subject to review as provided in Articles 3 and 4 of G.S.
150B.
J. This Agreement shall be binding upon the parties and is entered into knowingly, intelligently and
voluntarily.
K. Notices: All Notices and other communication which may be or are required to be given or made
by any party to the other shall be in writing and shall be deemed to have been properly given
and received on the date delivered in person, received via email with a delivery receipt
requested, or deposited in the United States mail, registered or certified, return receipt
requested, to the addresses set out below or at such other addresses as specified by written
notice delivered in accordance herewith.
If to Bank Sponsor: 1430 South Mint Street, Suite 104
Charlotte, NC 28203
Attn: Shawn Wilkerson
If to DWR: NC Division of Water Resources – 401 & Buffer Permitting Branch
Attn: Nutrient Offset Banking Coordinator
1617 Mail Service Center
Raleigh, NC 27699‐1617
L. Applicable Law: This Agreement shall be construed under the laws of the State of North
Carolina.
Wildlands Holdings III, LLC
By: Shawn Wilkerson (Print)
(Signature)
Title:
Date:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY‐DIVISION OF WATER RESOURCES
By: (Print)
(Signature)
Title:
Date: