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D# * 20110841
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Mitigation Project Submittal - 9/4/2018
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Contact Name:* Andrea Eckardt
Email Address:* aeckardt@Wldlandseng.com
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Existing (DWR) ID#:* 20110841
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Existing Version:* 2
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Project Name:* Burnetts Chapel Phase II
County:* Guilford
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Mitigation Plan
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MITIGATION PLAN
September 4, 2018
BURNETTS CHAPEL MITIGATION SITE‐PHASE II
Guilford County, NC
NCDEQ Contract No. 7430
DMS ID No. 100045
DWR Project Number 2011‐0841
Randleman Lake Watershed
Cape Fear River Basin
HUC 03030003
RFP #: 16‐007242
PREPARED FOR:
NC Department of Environmental Quality
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699‐1652
MITIGATION PLAN
BURNETTS CHAPEL MITIGATION SITE‐PHASE II
Guilford County, NC
NCDEQ Contract No. 7430
DMS ID No. 100045
Randleman Lake Watershed
Cape Fear River Basin
HUC 03030003
PREPARED FOR:
NC Department of Environmental Quality
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699‐1652
PREPARED BY:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Phone: (704) 332‐7754
This Mitigation Plan has been written in conformance with the requirements of the following:
15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of
Riparian Buffers.
NCDEQ Division of Mitigation Services In‐Lieu Fee Instrument signed and dated July 28, 2010.
These documents govern DMS operations and procedures for the delivery of compensatory
mitigation.
Contributing Staff:
Andrea Eckardt Project Manager
Shawn Wilkerson, Principal in Charge
Kirsten Gimbert, Mitigation Plan Development
Daniel Taylor, Construction Administrator
Greg Pierce, Monitoring Lead
Christine Blackwelder, Lead Quality Assurance
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page i September 4, 2018
TABLE OF CONTENTS
1.0 Introduction .............................................................................................................................. 1
2.0 Mitigation Project Summary...................................................................................................... 2
2.1 Existing Site Conditions ................................................................................................................. 2
2.2 Watershed Characterization ......................................................................................................... 4
2.3 Soils ............................................................................................................................................... 4
2.4 Geology ......................................................................................................................................... 5
2.5 Vegetation .................................................................................................................................... 5
2.6 Site Constraints and Access .......................................................................................................... 5
2.7 Current Site Resources ................................................................................................................. 5
2.8 Historic Site Resources ................................................................................................................. 6
3.0 Site Protection Instrument ........................................................................................................ 6
3.1 Site Protection Instruments Summary Information ..................................................................... 6
3.2 Current Ownership and Long‐Term Protection ............................................................................ 6
4.0 Regulatory Considerations ........................................................................................................ 6
4.1 Threatened and Endangered Species ........................................................................................... 7
4.2 Cultural Resources and Significant Natural Heritage Areas ......................................................... 8
4.3 FEMA Floodplain Compliance ....................................................................................................... 8
4.4 Other Environmental Issues ......................................................................................................... 8
5.0 Determination of Credits ........................................................................................................... 8
6.0 Mitigation Work Plan ................................................................................................................ 9
6.1 Parcel Preparation ........................................................................................................................ 9
6.2 Riparian Area Restoration Activities ............................................................................................. 9
6.3 Riparian Area Preservation Activities ........................................................................................... 9
7.0 Performance Standards ............................................................................................................. 9
7.1 Vegetation .................................................................................................................................. 10
7.2 Photo Reference Stations ........................................................................................................... 10
7.3 Visual Assessments ..................................................................................................................... 10
7.4 Reporting Performance Criteria ................................................................................................. 10
7.5 Maintenance and Contingency Plans ......................................................................................... 10
8.0 Monitoring Plan ...................................................................................................................... 10
8.1 Monitoring Components ............................................................................................................ 11
9.0 Long‐Term Management Plan ................................................................................................. 11
10.0 Adaptive Management Plan .................................................................................................... 11
11.0 References .............................................................................................................................. 12
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page ii September 4, 2018
TABLES
Table 1: Ecological and Water Quality Goals
Table 2: Buffer Project Attributes
Table 3: Drainage Areas and Associated Land Use
Table 4: Project Soil Types and Descriptions
Table 5: Site Protection Instrument
Table 6: Project Attribute Table
Table 7. Listed Threatened and Endangered Species in Guilford County, NC
Table 8. Buffer Project Areas and Assets
Table 9: Monitoring Components
FIGURES
Figure 1 Vicinity Map
Figure 2 Site Map
Figure 3 USGS Topographic Map
Figure 4 Watershed Map
Figure 5 Current Soils Map
Figure 6 1977 Soil Survey Map
Figure 7 Concept Map
Figure 8 Proposed Monitoring Map
APPENDIX
Photolog
NC Division of Water Resources Site Viability for Buffer Mitigation and Nutrient Offset Letter – March 27,
2018
NC Division of Water Resources On‐Site Determination for Applicability to the Randleman Buffer Rules–
March 27, 2018
Historical Aerial Photographs
Site Protection Instrument
Categorical Exclusion Form – June 1, 2018
EDR Summary Report
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 1 September 4, 2018
1.0 Introduction
The Burnetts Chapel Mitigation Site‐Phase II (Site) is a buffer restoration project located approximately
three miles west of the Town of Pleasant Garden and four miles south of the City of Greensboro in
Guilford County, NC (Figure 1). The Site is comprised of approximately 7.49 acres along several unnamed
tributaries to the Randleman Reservoir (Figure 2). The Site is surrounded by fields that are used for
agriculture and is immediately adjacent to Phase I of the Burnetts Chapel Mitigation Project, which was
successfully completed by Wildlands in 2017 for the North Carolina Division of Environmental Quality
(NCDEQ) Division of Mitigation Services (DMS). The project expands the Phase I riparian buffer area
from 50 feet to 100 to 200 feet on five of the original project streams and channels. An expected
280,572.14 riparian buffer credits will be generated.
The Site is located within the Hydrologic Unit Code (HUC) 03030003010050 and North Carolina
Department of Water Resources (NCDWR) Sub‐basin 03‐06‐08. Five unnamed tributaries on the Site
flow into the Randleman Reservoir (Reaches B1‐B5). All of these water bodies are classified as WS‐IV, as
the Randleman Reservoir is a major source of drinking water for the region. The proposed project
supports specific goals identified in the 2009 Cape Fear River Basin Restoration Priorities Plan (RBRP) for
the Cape Fear River Catalog Unit (CU) 03030003. As stated in the RBRP, “Protection of [federally
endangered species] and improvement in water quality to waters draining to Randleman Reservoir are
recommendations for the CU.”
This buffer restoration project will reduce
sediment and nutrient loading and
improve terrestrial habitat. The area
surrounding the streams proposed for
restoration is primarily open agricultural
fields. Restoring the vegetative buffer on
the areas up to 200 feet from the streams
will remove the hay fields and fertilizer
inputs within the project area. The
restored floodplain areas will filter
sediment‐laden farm runoff during rainfall
events. The establishment of riparian
buffers will create shading to minimize
thermal pollution. Finally, invasive
vegetation will be treated within the
project area as needed and the proposed
native vegetation will provide cover and
food for wildlife.
Looking downstream of Reach B4 – Phase I and Phase II
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 2 September 4, 2018
2.0 Mitigation Project Summary
The major goals of the proposed buffer restoration project are to provide ecological and water quality
enhancements to the Randleman Reservoir watershed of the Cape Fear River Basin by creating a
functional riparian corridor and restoring the riparian buffer. Specific enhancements to water quality
and ecological processes are outlined below in Table 1.
Table 1: Ecological and Water Quality Goals – Burnetts Chapel Mitigation Site‐Phase II
Goal Objective CU‐Wide and RBRP Objectives
Supported
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 dispersing flood flows through
native vegetation.
Reduce nutrient inputs to waters
of the Randleman Reservoir.
Decrease
sediment input
Sediment from off‐site sources will be deposited on
restored floodplain areas where native vegetation will
slow overland flow velocities.
Reduce sediment inputs to waters
of Randleman Reservoir.
Create
appropriate
terrestrial
habitat
Buffer areas will be restored by removing invasive
vegetation and planting native vegetation.
Improve wildlife habitat; restore
degraded riparian buffers.
Permanently
protect the Site
from harmful
uses.
Establish a conservation easement on the Site. Protect aquatic habitat; protect
water supply waters.
2.1 Existing Site Conditions
The proposed buffer restoration project includes approximately 7.49 acres of agricultural fields along
several unnamed tributaries that drain into the Randleman Reservoir. The agricultural fields are
currently in hay and open pasture.
The Site contains five channels (B1, B2, B3, B4, and B5). Phase I of the project included an additional
Reach A, that is not included in Phase II of the project. The first 50 feet from the stream and ephemeral
channels of Reaches B1‐B5 were restored as a forested riparian buffer as part of Phase I. Phase II
expands beyond that boundary for an additional 50 to 150 feet of buffer restoration on those reaches
(Figure 2). Site photos from 2017 are included in the Appendix.
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 3 September 4, 2018
Table2: Buffer Project Attributes – Burnetts Chapel Mitigation Site‐Phase II
Project Name Burnetts Chapel Mitigation Site – Phase II
Hydrologic Unit Code 03030003010050
River Basin Cape Fear
Geographic Location (Lat, Long) 35° 56' 46.0"N, 79° 50' 44.2"W
Site Protection Instrument (DB, PG) To be recorded
Total Credits (BMU) 280,572.14
Types of Credits Riparian Buffer
Mitigation Plan Date August 2018
Initial Planting Date January 2019
Baseline Report Date February 2019
MY1 Report Date November 2019
MY2 Report Date November 2020
MY3 Report Date November 2021
MY4 Report Date November 2022
MY5 Report Date November 2023
In addition to buffer restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A
NCAC 02B 0.0295 (o)), alternative mitigation is proposed on the Site in the form of: buffer restoration on
ephemeral channels and preservation of forested buffer on subject streams. The proposed project is in
compliance with these rules in the following ways:
Buffer Restoration on Ephemeral Channels (15A NCAC 02B 0.0295(o)(7)):
NCDWR performed an evaluation of the Site
(Phase I in 2011 and Phase II in 2018) and
identified the perennial, intermittent, and
ephemeral channels on the property (Figure 2).
The mitigation area on the Site’s ephemeral
channels is located completely within their
drainage areas (Figure 4).
The ephemeral channels are directly connected
to intermittent or perennial stream channels and
will be protected under the same contiguous
easement boundary (Figure 2).
The mitigation area on the ephemeral channels is
less than 25% of the total buffer mitigation area on the Site (Table 3).
Preservation on Subject Streams (15A NCAC 02B .0295 (o)(5):
The buffer width is at least 30 feet from the stream (Figure 7).
The area meets the requirements of 15A NCAC 02R 0.0403(c)(7), (8), and (11) with no known
structures, infrastructure, hazardous substances, solid waste, or encumbrances within the
mitigation boundary.
Preservation mitigation is being requested on no more than 25% of the total buffer mitigation
area (Table 8).
Upstream of Reach B4 Phase I and II
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 4 September 4, 2018
2.2 Watershed Characterization
The Site is approximately three miles west of the Town of Pleasant Garden and four miles south of the
City of Greensboro in Guilford County, NC (Figure 1) and is within the DMS targeted Cape Fear River
Basin HUC 03030003010050 and NCDWR Subbasin 03‐06‐08. Topography, as indicated on the Pleasant
Garden USGS 7.5‐minute topographic quadrangles, shows moderate and steep hill slopes, as well as low
slope floodplain areas along the unnamed tributaries (Figure 3).
Drainage areas for the streams and buffer areas were determined by delineating watersheds on the
USGS 7.5‐minute topographic quadrangles. Figure 4 shows the watershed boundaries for each area.
Each of the buffer watersheds is primarily agriculture, with some forested areas. The watershed and
current land use are summarized in Table 3 below.
Table 3: Drainage Areas and Associated Land Use – Burnetts Chapel Mitigation Site‐Phase II
Reach Name NCDWR Stream
Designation
Buffer Area
(Acres) Watershed Area (acres) Land Use
B1 Perennial 1.74 108
92% Agriculture,
8% Forested
B2 Perennial 1.94 100
B3 Intermittent 0.43 30
B4
Intermittent 0.88 11
Ephemeral* 0.38 4
B5
Intermittent 0.76 13
Ephemeral* 1.36 8
Total: 7.49
Total mitigation on ephemeral channels is 23% of the total mitigated area and therefore in compliance with 15A NCAC 02B
0.0295(o)(7) which limits mitigation on ephemeral channels to no more than 25% of total mitigated area.
2.3 Soils
Soil mapping units are based on the U.S. Department of Agriculture (USDA) Natural Resource
Conservation Service (NRCS) Soil Survey for Guilford County. Site soils are currently mapped primarily as
Chewacla loam, Enon fine sandy loam, Helena sandy loam, and Vance sandy loam. These soils are
described below in Table 4 and shown in Figure 5. An image of the paper copy of the NRCS 1977 Soil
Survey of the site is shown in Figure 6.
Table 4: Project Soil Types and Descriptions – Burnetts Chapel Mitigation Site‐Phase II
Soil Name Description
Chewacla loam,
0‐2% slopes, frequently
flooded
These soils are somewhat poorly drained. They are found in valleys and
floodplains and are frequently flooded. Shrink swell potential is low.
Enon fine sandy loam,
2‐6% slopes
These well drained soils are found on uplands. Shrink‐swell potential is moderate.
The soil is neither flooded nor ponded.
Helena sandy loam,
6‐10% slopes
These soils are found on uplands, ridges, and hillslopes. The soils are moderately
well drained and shrink‐swell potential is moderate. The soils are neither flooded
nor ponded.
Vance sandy loam,
10‐15% slopes
These soils are found on hillslopes, ridges, and uplands. The soils are well drained
and shrink‐swell potential is low. The soils are neither flooded nor ponded.
Source: Guilford County Soil Survey, USDA‐NRCS, http://efotg.nrcs.usda.gov
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 5 September 4, 2018
2.4 Geology
The Site is located in the Carolina Slate Belt of the Piedmont Physiographic Province. The Piedmont
Province is characterized by gently rolling, well rounded hills with long low ridges and elevations ranging
anywhere from 300 to 1500 feet above sea level. The Carolina Slate belt consists of heated and
deformed volcanic and sedimentary rocks. Approximately 550 to 650 million years ago, this region was
the site of a series of oceanic volcanic islands. The belt is known for its numerous abandoned gold mines
and prospects. Specifically, the Site is located in the CZg geologic region within the Carolina Slate Belt.
This region is classified as intrusive, metamorphosed granite rock. Furthermore, this rock type is
described as being a well foliated, megacrystic that locally contains hornblende.
Sources:
http://www.geology.enr.state.nc.us/usgs/carolina.htm
http://www.geology.enr.state.nc.us/Mineral%20resources/mineralresources.html
2.5 Vegetation
Vegetation communities within the project area are primarily comprised of open pastures dominated by
various graminoid species, in addition to a few small areas of mixed hardwood forest. The Site has been
regularly mowed and maintained up to the edge of the Phase I easement and lacks canopy, understory,
and shrub vegetative layers. Typical herbaceous vegetation within these areas includes: Canada
goldenrod (Solidago canadensis), soft stem rush (Juncus effusus), common blackberry (Rubus argutus),
strawcolored flatsedge (Cyperus strigosus), and various grasses (Festuca spp.).
There are two small pockets of existing hardwood bottomland forest along B1. These forested areas
exhibit mature canopy tree species with a moderate understory shrub and vine layer. These areas are in
good condition and show no evidence of recent maintenance or vegetation disturbances. Canopy
hardwood species include: American sycamore (Platanus occidentalis), red maple (Acer rubrum), sweet
gum (Liquidambar styraciflua), shagbark hickory (Carya ovata), tulip poplar (Liriodendron tulipifera),
southern red oak (Quercus falcata), box elder (Acer negundo), red elm (Ulmus rubra), and red cedar
(Juniperus virginiana). Typical shrub species include common blackberry, small amounts of Chinese
privet (Ligustrum sinense), and American holly (Ilex opaca) with interspersed vine species of catbriar
(Smilax rotundifolia), poison ivy (Toxicodendron radicans), and Japanese honeysuckle (Lonicera
japonica).
2.6 Site Constraints and Access
The Site is accessible via a gravel driveway off Burnetts Chapel Road. A permanent access easement
from Burnetts Chapel Road to the Site was recorded as part of Phase I of the project. There are two 50‐
foot easement breaks for existing culvert stream crossings on Reaches B4 and B5. These breaks are not
included in the credits calculated for the project.
This Site will expand the required 50‐foot minimum riparian buffer for streams in the Randleman
Reservoir Watershed to between 100 and 200 feet.
There are no known airport facilities within five miles of the project area. There are no other known
constraints on the Site.
2.7 Current Site Resources
On March 26, 2018, NCDWR conducted on‐site determinations to review features and land use within
the project boundary. The resulting NCDWR site viability letter and map confirming the Site as suitable
for riparian buffer mitigation is in the Appendix. NCDWR also approved the five project reaches as
appropriate for buffer mitigation as related to the rules set forth in the Randleman Lake Water Supply
Watershed: Mitigation Program for Protection and Maintenance of Existing Riparian Buffers
(15ANCAC02B.0252). The on‐site determination approval letter from NCDWR is also included in the
Appendix.
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 6 September 4, 2018
2.8 Historic Site Resources
The Site has historically been forested or used for agricultural purposes. Historic aerial photos are
included in the Appendix and date back to 1973, showing the site in various stages of timber clearing,
row crop production, and open pasture. The current property owner has confirmed that the Site has
been farmed for more than 100 years, including activities such as crop production, livestock pastures,
and timber.
3.0 Site Protection Instrument
3.1 Site Protection Instruments Summary Information
The land required for buffer planting, management, and stewardship of the mitigation project includes
portions of the parcel listed in Table 5. The proposed conservation easement on this property has not
yet been recorded. A copy of the draft land protection instrument is included in the Appendix.
Table 5: Site Protection Instrument – Burnetts Chapel Buffer Mitigation Site‐Phase II
Landowner PIN County
Site
Protection
Instrument
Deed Book
and Page
Number
Acreage
to be
Protected
Richard L. & Valerie M. Ingram 7840906275 Guilford
Conservation
Easement
To Be
Recorded 7.49
All site protection instruments require 60‐day advance notification to the Corps and the State prior to
any action to void, amend, or modify the document. No such action shall take place unless approved by
the State.
3.2 Current Ownership and Long‐Term Protection
The Site is located on one parcel owned by Richard L. and Valerie M. Ingram (PIN 7840902794). An
option agreement for the project area has been signed by the property owners and a Memorandum of
Option has been recorded at the Guilford County Register of Deeds. The option agreement allows
restriction of the land use in perpetuity through a conservation easement. Wildlands will convey the
conservation easement to the State to provide long term protection of the Site. The conservation
easement agreement will ensure the right of entry abilities of Wildlands, its contractors, and the future
easement holder in any future land transactions.
4.0 Regulatory Considerations
Table 6, below, is a summary of regulatory considerations for the Site. These considerations are
expanded upon in Sections 4.1‐4.3. A copy of the signed Categorical Exclusion Form for the project is
included in the Appendix.
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 7 September 4, 2018
Table 6: Project Attribute Table – Burnetts Chapel Buffer Mitigation Site‐Phase II
Regulatory Considerations
Parameters Applicable? Resolved? Supporting Docs?
Water of the United States ‐ Section 404 No N/A N/A
Water of the United States ‐ Section 401 No N/A N/A
Endangered Species Act Yes Yes
Appendix
(Categorical Exclusion)
Historic Preservation Act Yes Yes
Appendix
(Categorical Exclusion)
Coastal Zone Management Act No N/A N/A
FEMA Floodplain Compliance No N/A
N/A
Essential Fisheries Habitat No N/A N/A
4.1 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
Guilford County, NC. Two federally listed species, the bald eagle (Haliaeetus leucocephalus) and the
small whorled pogonia (Isotria medeoloides) are currently listed in Guilford County.
Table 7: Listed Threatened and Endangered Species in Guilford County, NC – Burnetts Chapel Buffer Mitigation
Site‐Phase II
Species Federal Status Habitat
Vertebrate
Bald eagle
(Haliaeetus leucocephalus) BGPA Near large open water bodies: lakes, marshes,
seacoasts, and rivers
Vascular Plant
Small whorled pogonia
(Isotria medeoloides) T Montane oak‐hickory or acidic cove forests
E = Endangered; T=Threatened; BGPA=Bald & Golden Eagle Protection Act
Bald Eagle
The bald eagle is a very large raptor species, typically 28 to 38 inches in length. Adult individuals are
brown in color with a very distinctive white head and tail. Bald eagles typically live near large bodies of
open water with suitable fish habitat including lakes, marshes, seacoasts, and rivers. This species
generally requires tall, mature tree species for nesting and roosting. Bald eagles were de‐listed from the
Endangered Species List in June 2007; however, this species remains under the protection of the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act (BGPA). This species is known to
occur in every U.S. state except Hawaii.
Small Whorled Pogonia
The small whorled pogonia is a small perennial herb, approximately 9 to 25 centimeters in height, with a
whorl of green elliptical leaves. This species is typically found in montane oak‐hickory or acidic cove
forests. The understory structure of these habitats can range from dense rhododendron thickets to
open/sparse shrub strata. Current threats to this species include loss of habitat and overutilization for
scientific and private collections.
On‐site land use within the project area includes active hay fields, open pastures and two small pockets
of hardwood forest. No suitable habitat for the bald eagle exists within the project area and no large
areas of open water exist within proximity to the project area. Additionally, because the majority of the
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 8 September 4, 2018
site has been mowed and heavily maintained, minimal habitat exists for the small whorled pogonia. As a
result of the pedestrian surveys performed on Phase I in February 2011 and Phase II in May 2018, no
Federally‐listed species were found to exist on the site. The biological conclusion made by Wildlands is
that the project will have “no effect” on the two listed species. The approved Categorical Exclusion Form
for the project is included in the Appendix.
4.2 Cultural Resources and Significant Natural Heritage Areas
The National Historic Preservation Act declares a national policy of historic preservation to protect,
rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American
architecture, history, archaeology, and culture, and Section 106 mandates that federal agencies take
into account the effect of an undertaking on a property that is included in, or is eligible for inclusion in,
the National Register of Historic Places.
There are no existing structures in the project area. The Site is not located near any sites listed on the
National Register with the State Historic Preservation Office (SHPO). SHPO was contacted during Phase I
of the project and had no concerns or comments on the project site. All appropriate cultural resource
agencies will be contacted for their review and comment prior to any land disturbing activity. The
approved Categorical Exclusion Form for the project is included in Appendix.
4.3 FEMA Floodplain Compliance
The Site is not located in a FEMA floodplain. 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.
4.4 Other Environmental Issues
An EDR Radius Map Report with Geocheck was ordered for the Site through Environmental Data
Resources, Inc. on July 11, 2011 as part of Phase I of the project. The target property and the adjacent
properties are not listed in any of the Federal, State, or Tribal environmental databases searched by
EDR. There were no known or potential hazardous waste sites identified within one mile of the Parcel.
The Executive Summary of the EDR report is included in the Appendix.
5.0 Determination of Credits
Mitigation credits presented in Table 8 and Figure 7 are projections based upon site design. Upon
completion of site construction, the project components and credits data will be revised to be consistent
with the as‐built condition.
Table 8: Buffer Project Areas and Assets ‐ Burnetts Chapel Buffer Mitigation Site‐Phase II
Location Jurisdictional
Streams
Restoration
Type
Reach ID /
Component
Buffer
Width
(ft)
Creditable
Area (sf)*
Initial
Credit
Ratio
(x:1)
% Full
Credit
Final
Credit
Ratio
(x:1)
Riparian
Buffer
Credits
(BMU)
Rural or
Urban
Subject or
Nonsubject Restoration B1, B2, B3,
B4 & B5
30‐100 259,269.12 1 100% 1.000 259,269.12
101‐
200 63,379.80 1 33% 3.000 20,915.33
Rural Subject Preservation B1 30‐100 3,876.82 10 100% 10.000 387.68
Total: 280,572.14
* Preservation creditable area is 1.2% of the total creditable mitigation area and is therefore in compliance with 15A NCAC 02B
0.0295(o)(5) which limits preservation mitigation area to no more than 25% of total mitigated area.
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 9 September 4, 2018
6.0 Mitigation Work Plan
The Wildlands Team proposes to restore high quality riparian buffers to several unnamed tributaries on
the Site. The project design will ensure that no adverse impacts to wetlands or existing riparian buffers
occur. Figure 7 illustrates the conceptual design for the Site. More detailed descriptions of the proposed
restoration activity follow in Sections 6.1 through 6.3.
6.1 Parcel Preparation
The land proposed for buffer restoration is used for agricultural fields. These areas will be tilled with a
chisel plow to reduce soil compaction prior to planting. The fields within the project area contain few
weeds and will likely only require some selective spot herbicide treatments. Any ephemeral ditches or
swales entering the proposed buffer areas that are not being buffered themselves will have the flow
disconnected and will be spread level through the buffer area for maximum nutrient treatment.
6.2 Riparian Area Restoration Activities
The revegetation plan for the buffer restoration area will include permanent seeding, planting bare root
trees, live stakes, and herbaceous plugs. These revegetation efforts will be coupled with controlling
invasive species population. The specific species composition to be planted was selected based on the
community type, observation of occurrence of species in riparian buffers adjacent to the Site, and best
professional judgement on species establishment and anticipated site conditions in the early years
following project implementation. Tree species planted across the buffer areas of the site will include a
mixture of the following species: tulip poplar (Liriodendron tulipifera), willow oak (Quercus phellos),
American sycamore (Platanus occidentalis), river birch (Betula nigra), green ash (Fraxinus
pennsylvanica), and swamp chestnut oak (Quercus michauxii).
Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A
NCAC 02B .0295 of 260 trees per acre at the end of five years. No one tree species will be greater than
50% of the established stems. An appropriate seed mix will also be applied as necessary to provide
temporary ground cover for soil stabilization and reduction of sediment loss during rain events in
disturbed areas. This will be followed by an appropriate permanent seed mixture.
Vegetation management and herbicide applications may be needed during tree establishment in the
restoration areas to prevent establishment of invasive species that could compete with the planted
native species.
Planting is scheduled to begin in January 2019.
6.3 Riparian Area Preservation Activities
No work is proposed in the buffer preservation areas, as allowed under 15A NCAC 02B .0295(o). The
preservation area will be protected in perpetuity under a conservation easement.
7.0 Performance Standards
The performance criteria for the Site follows approved performance criteria presented in the guidance
documents outlined in RFP 16‐007242 and the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual
monitoring and semi‐annual site visits will be conducted to assess the condition of the finished project.
The buffer restoration project has been assigned specific performance criteria components for
vegetation. Performance criteria will be evaluated throughout the five‐year post‐construction
monitoring. An outline of the performance criteria components follows.
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 10 September 4, 2018
7.1 Vegetation
The final vegetative success criteria will be the survival of at least 260 stems per acre at the end of the
fifth year of monitoring. The extent of invasive species coverage will also be monitored and controlled as
necessary throughout the required monitoring period.
Six vegetation monitoring quadrants will be installed across the Site to measure the survival of the
planted trees (Figure 8). Vegetation monitoring will follow the CVS‐EEP Protocol for Recording
Vegetation (2008). Reference photographs of the vegetation plots and Site will be taken during the
annual vegetation assessments.
7.2 Photo Reference Stations
Photographs will be taken within the project area once a year to visually document stability for five
years following construction. Permanent markers will be established and located with GPS equipment so
that the same locations and view directions on the Site are photographed each year.
7.3 Visual Assessments
Visual assessments should support the specific performance standards for each metric as described
above. Visual assessments will be performed within the Site on a semi‐annual basis during the five‐year
monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation
mortality, invasive species or encroachment). Areas of concern will be mapped and photographed
accompanied by a written description in the annual report. Problem areas will be re‐evaluated during
each subsequent visual assessment
7.4 Reporting Performance Criteria
Using the DMS Riparian Buffer and Nutrient Offset Buffer Baseline and Annual Monitoring Report
Template version 2.0 (May 2017), a baseline monitoring document and as‐built record drawings of the
project will be developed for the constructed Site. Complete monitoring reports will be prepared in the
fall of each monitoring year and submitted to DMS. Annual monitoring reports will be based on the
above referenced DMS Template (May 2017). The monitoring period will extend five years beyond
completion of construction or until performance criteria have been met.
7.5 Maintenance and Contingency Plans
The Wildlands Team will develop necessary adaptive measures or implement appropriate remedial
actions in the event that the Site or a specific component of the Site fails to achieve the success criteria
outlined above. The project‐specific monitoring plan developed during the design phase will identify an
appropriate threshold for maintenance intervention based on the monitored items. Any actions
implemented will be designed to achieve the success criteria specified previously and will include a work
schedule and updated monitoring criteria (if applicable).
8.0 Monitoring Plan
The Site monitoring plan has been developed to ensure that the required performance standards are
met and project goals and objectives are achieved. The monitoring report shall provide project data
chronology that will facilitate an understanding of project status and trends, ease population of DMS
databases for analysis and research purposes and assist in close‐out decision making.
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 11 September 4, 2018
8.1 Monitoring Components
Project monitoring components are listed in more detail in Table 9 and Figure 8.
Table 9: Monitoring Components – Burnetts Chapel Mitigation Site‐Phase II
Parameter Monitoring
Feature
Quantity/Length by Reach
Frequency Notes
B1 B2 B3 B4 B5
Vegetation CVS Level 1 6 Annual
Visual
Assessment Y Y Y Y Y Semi‐Annual
Exotic and
nuisance
vegetation
Y Y Y Y Y Semi‐Annual
Project
Boundary Y Y Y Y Y Semi‐Annual
Reference
Photos Photographs 8 Annual
9.0 Long‐Term Management Plan
The Site will be transferred to the NCDEQ Stewardship Program. This party shall serve as conservation
easement holder and long‐term steward for the property and will conduct periodic inspection of the site
to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship
Program is developing an endowment system within the non‐reverting, interest‐bearing Conservation
Lands Conservation Fund Account. The use of funds from the Endo wment Account will be governed by
North Carolina General Statue GS 113A‐232(d)(3). Interest gained by the endowment fund may be used
for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable.
The Stewardship Program will periodically install signage as needed to identify boundary markings. No
livestock, fencing, or internal crossings are currently present or planned for the project area. Any future
livestock or associated fencing or permanent crossings will be the responsibility of the landowner to
maintain. The Site Protection Instrument can be found in the Appendix.
10.0 Adaptive Management Plan
Upon completion of Site construction, Wildlands will implement the post‐construction monitoring
defined in Section 8. Project maintenance will be performed during the monitoring years to address
minor issues as necessary. If, during annual monitoring it is determined the Site’s ability to achieve Site
performance standards are jeopardized, Wildlands will notify the members of DMS/NCDWR and work
with the DMS/NCDWR to develop contingency plans and remedial actions. Any actions implemented will
be designed to achieve the success criteria specified previously and will include a work schedule and
updated monitoring criteria (if applicable).
Burnetts Chapel Mitigation Site‐Phase II Mitigation Plan
DMS ID No. 100045 Page 12 September 4, 2018
11.0 References
Natural Resources Conservation Service (NRCS). Web Soil Survey of Guilford County.
http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm
North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications.
http://deq.nc.gov/about/divisions/water‐resources/planning/classification‐standards/classifications
North Carolina Geological Survey (NCGS), 1985, Geologic Map of North Carolina: Raleigh, North Carolina
Department of Natural Resources and Community Development, Geological Survey Section, scale
1:500,000, in color.
NCGS, 2013. Mineral Resources. http://deq.nc.gov/about/divisions/energy‐mineral‐land‐
resources/north‐carolina‐geological‐survey/mineral‐resources
North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database,
Guilford County, NC.
United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal
Species of Concern and Candidate Species, Guilford County, NC.
https://www.fws.gov/raleigh/species/cntylist/guilford.html
FIGURES
Pleasant Garden
High Point
Greensboro
¹0 10.5 Miles
2014 Aerial Photography
Figure 1 Vicinity MapBurnetts Chapel Mitigation Site - Phase IIMitigation PlanCape Fear River Basin (03030003)
Guilford County, NC
Burnetts Chapel Mitigation SitePhase II Location
Directions: Traveling south on I-73 from Greensboro, Take Exit 94 for Old Randleman Road. Turn right onto Old Randleman Road (0.5 miles). Slight right onto Kivett Drive (0.7 miles).Turn left onto Drake Road (1.7 miles).Turn left onto Burnetts Chapel Road (0.1 miles).Turn right onto gravel driveway.
Reach B2
Reach B1
Reach B3
Reach B4
Reach B5
Figure 2 Site MapBurnetts Chapel Mitigation Site - Phase IIMitigation PlanCape Fear River Basin (03030003)
0 200100 Feet
Guilford County, NC
¹
Project Location
Phase I Conservation Easement Boundary
Phase II Conservation Easement Boundary
Ephemeral Channels
Perennial/Intermittent Streams
Non-Project Streams
2014 Aerial Photography
Southern Middle School
Reach B2
Reach B1
Reach B3
Reach B4
Reach B5
Figure 3 USGS Topographic MapBurnetts Chapel Mitigation Site - Phase IIMitigation PlanCape Fear River Basin (03030003)
0 500250 Feet
Guilford County, NC
¹
Project Location
Phase I Conservation Easement Boundary
Phase II Conservation Easement Boundary
Pleasant Garden USGS 7.5 minute Topographic Quadrangle
Reach B1
Reach B2
Reach B4
Reach B5
Reach B3
B1 - Stream108 ac
B4 - Ephemeral4 ac
B4 - Stream11 ac
B3 - Stream30 ac
B2 - Stream100 ac
B5 - Ephemeral8 ac
B5 - Stream13 ac780760740 820780
760Figure 4 Watershed MapBurnetts Chapel Mitigation Site - Phase IIMitigation PlanCape Fear River Basin (03030003)
0 400200 Feet
2014 Aerial Photography
Guilford County, NC
¹
Project Location
Phase I Conservation Easement Boundary
Phase II Conservation Easement Boundary
Watershed
Non-Project Streams
Topographic Contours (4')
Perennial/Intermittent Streams
Ephemeral Channels
Reach B2
Reach B1
Reach B3
Reach B4
Reach B5
HeC HhB
VaD
EnB
EnB
HhB
Figure 5 Current Soils MapBurnetts Chapel Mitigation Site - Phase IIMitigation PlanCape Fear River Basin (03030003)
0 250125 Feet
2014 Aerial Photography
Guilford County, NC
¹
Project Location
Phase I Conservation Easement Boundary
Phase II Conservation Easement Boundary
ChA - Chewacla loam, 0-2% slopes, frequently flooded
EnB - Enon fine sandy loam, 2-6% slopes
HeC - Helena sandy loam, 6-10% slopes
HhB - Helena-Sedgefield complex, 0-6% slopes
VaD - Vance sandy loam, 10-15% slopes
Non-Project Streams
Perennial/Intermittent Streams
Ephemeral Channels
Reach B2
Reach B1
Reach B3
Reach B4
Reach B5
Figure 6 1977 Soil Survey MapBurnetts Chapel Mitigation Site - Phase IIMitigation PlanCape Fear River Basin (03030003)
0 550275 Feet
Guilford County, NC
¹
Project Location1977 Soil Survey of Guilford County
Reach B2
Reach B1
Reach B3
Reach B4
Reach B5
Figure 7 Concept MapBurnetts Chapel Mitigation Site - Phase IIMitigation PlanCape Fear River Basin (03030003)
0 200100 Feet
Guilford County, NC
¹
Project Location
Phase I Conservation Easement Boundary
Phase II Conservation Easement Boundary
Buffer Restoration (Outer limit of Phase I - 100')
Buffer Restoration (101'- 200')
Buffer Preservation (Outer limit of Phase I - 100')
Non-Project Streams
Surveyed Top of Bank Project Channels
Treeline Survey
2014 Aerial Photography
")
")
")
")
")
")
Reach B2
Reach B1
Reach B3
Reach B4
Reach B5
Figure 8 Proposed Monitoring MapBurnetts Chapel Mitigation Site - Phase IIMitigation PlanCape Fear River Basin (03030003)
0 200100 Feet
Guilford County, NC
¹
Project Location
Phase I Conservation Easement Boundary
Phase II Conservation Easement Boundary
Buffer Restoration (Outer limit of Phase I - 100')
Buffer Restoration (101'-200')
Buffer Preservation (Outer limit of Phase I - 100')
Non-Project Streams
Ephemeral Channels
Perennial/Intermittent Streams
Treeline Survey
")Vegetation Plots
2014 Aerial Photography
APPENDIX
Photo 1 – B5 Upper Reach (08/03/2017) Photo 2 –B5 Lower Reach Left Floodplain (08/03/2017)
Photo 3 – B5 Upper Reach Right Floodplain (08/03/2017)Photo 4 –B4 Upper Reach Left Floodplain (08/03/2017)
Photo 5 – B4 Upper Reach Right Floodplain (08/03/2017)Photo 6 –B4 Lower Reach (08/03/2017)
Photo 7 – B3 (08/03/2017) Photo 8 – B2 (08/03/2017)
Photo 9 – B1 (08/03/2017) Photo 10 –Floodplain between B1 and B2 (08/03/2017)
Wates' Re -sources
ENVIRONMENTAL QUA+Iry
March 27, 2018
Wildlands Engineering, Inc.
Attn: Andrea Eckardt
1430 South Mint Street Suite 104
Charlotte, NC
{via electronic mail: ae-ckardt@wildlandseng.com }
ROY COOPER
i�t��•��+fr�1
MICHAEL S, REGAN
ScL rOf u 1
LINDA CULPEPPER
lwcrool Pit L'i fN1
DWR ID# 2011-0841 v2
Guilford County
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Burnetts Chapel Phase I1 Site
1323 Burnetts Chapel Road, Greensboro, NC
Randleman Lake Watershed
Dear Ms. Eckardt
On March 26, 2018, Katie Merritt, with the Division of Water Resources (DWR), assisted you
and staff with Division of Mitigation Services {DMS} at the proposed. Bumetts Chapel
Mitigation Site (Site) in Greensboro, NC. The Site is located in the Randleman Lake WS of the
Cape Fear River Basin within the 8 -digit Hydrologic Chit Code 03030403. The Site is being
proposed as part of full -delivery buffer mitigation project for the DMS (RFP # 15-007242). At
your request, on March 26, 2018, Ms. Merritt performed an onsite assessment of riparian land uses
adjacent to streams onsite, which are shown on the attached map labeled "Site Map". This site is
adjacent to an existing DMS full -delivery buffer mitigation site known as "Burnetts Chapel
Mitigation Site" (DWR# 2011-4$41) where fifty -foot riparian buffers were restored.
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 5 I' out to 200' from
the top of bank from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective
November 1, 2015).
Feature
classification
15u- ubject
Riparian Land uses
Suffer
2Nutrien
Miti tation Tvae Determination win riparian
to Buffer
areas
adlacent to Feature
51-200'
Credit
Viable
Offset Viable
Rule
at 2.273
lbs acre
B1
Stream
Yes
Hay crop fields
Yes
N/A
Fields - Restoration Site per 15A NCAC 02B
.0295 (n)
132
Stream
Yes
Hay crop fields
Yes
N/A
Fields - Restoration Site per 15A NCAC 02B
.0295 (n)
63
Stream
Yes
Hay crop fields
Yes
N/A
Fields - Restoration Site per 15A NCAC 02B
.0795 (n)
B4
Weiland
No
N/A
No
N/A
N/A
Above
Swale
DWR 2011
flag (green)
Stale ofNorlh Carolina I Envirnnmeno) Qualhy WaterReaour¢es
1517 Mail Service Center I Raleigh. North Carolina 27699.1617
919 8(}7 6300
Burnetts Chapel Phase Il Site
Wiidlands
.March 27, 2018
Feature
Classification
'subject
Riparian Land uses
Buffer
2Nutrient
Mitigation Type determination win riparian
to Buffer
areas
adjacent to Feature
Credit
Offset Viable
Rule
(51-200'1
Viable
at 2,273
Ls acre
84
Ephemeral
No
Hay crop fields
Yes°
N/A
Fields - Restoration Site per 15A NCAC 028
At DWR
.0295 (o)(7)
2011 flag
Must meet odditionol requirements under ,0295
{of (7) to be viable for buffer mitigation
134
Stream
Yes
Hay crop fields
Yes
N/A
Fields - Restoration Site per 15A NCAC 02B
At DWR
.0295 (n)
2010 flag
B5
Wetland
No
N/A
No
N/A
N/A
Above
Swale
DWR 2011
flag (green)
B5
Ephemeral
No
Hay crop fields
Yes"
N/A
Fields - Restoration Site per 15A NCAC 028
At DWR
.0295 (o)(7)
2011 flag
Must meet additional requirements under ,0295
(o)(7) to be viable for buffer mitigo tion
85
Stream
Yes
Hay crop fields
Yes
N/A
Fields - Restoration Site per 15A NCAC 02B
At DWR
.0295 (n)
2010 flag
'Subjectivity calls for the features were determined by DWR in correspondence dated March 27, 2018 using the 1:24,000
scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared
by the NRCS
NC Division oJ'Waier Resources - Methodology and Calculations for deterinining Nutrient Reductions associated rt+ilh
Riparian Buffer Establishment
'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (259'x) of the total
area of buffer mitigation per 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site
to comply with this rule.
'The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of
buffer mitigation per 15A NCAC 02B .0295 (6)(7).
The attached map (Site Map) showing the project site and features was provided by Wildlands
Engineering and was initialed by Ms. Merritt on March 27, 2018. This letter should be provided in
any future stream, wetland, buffer and/or nutrient offset mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation pian 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.
Burnetts Chapel Phase II Site
Wildlands
March 27, 2018
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. For any areas
generating wetland mitigation credit, no buffer or nutrient offset credit can be generated.
This viability assessment will expire on March 27, 2020 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
Sincerely,
k
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/k?n
Attachments: Site Map
cc: File Copy (Katie Merritt)
DMS - Jeff Schaffer (via electronic mail)
Site Map
W I L D LANDS 0 125 250 Feet Burnetts Chapel Mitigation Site - Phase II
ktvw ENG !NEER ! N G 1 L I Cape Fear River Basin (03030003)
Guilford County, NC
h
1�
MProject Location
I
pleasant Garden Ll5G57.5 minute Topographic Quadrangle - 2016
G
'/I
USG5 Topographic Map
W I L D L A N D S 0 250 500 Feet Burnetts Chapet Mitigation Site - Phase II
ENGINEERING%!W* I I I I I t Cape Fear River Basin (03030003)
Guilford County, NC
State of North Carolina | Environmental Quality
450 West Hanes Mill Road, Suite 300 | Winston-Salem, North Carolina 27105
336-776-9800
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director Water Resources
Environmental Quality
March 27, 2018
Andrea Eckardt
Wildlands Engineering Inc.
1430 South Mint Street, Suite 104
Charlotte NC 28203
Subject: On-Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC 2B
.0250)
Subject Property: Burnett’s Chapel Mitigation Site, 1323 Burnetts Chapel Rd, Greensboro NC
Guilford County
DWR# 2011-0841
Dear Ms. Eckardt:
On March 26, 2018, at your request, Sue Homewood conducted an on-site determination to review features
located on the subject project for stream determinations with regards to the above noted state regulations.
Katie Merritt with the Division of Water Resources (Division) was also present during the site visit.
During the site visit the upper portions of Reach B4 and Reach B5, as shown in green on the attached
map, were reviewed. Both areas were representative of vegetated swales and had characteristics of
wetlands and were therefore were determined not to be subject to the Randleman Buffer Rules as stated
above.
The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in
any future correspondences concerning this property. 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 Division or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination by
the Director. A request for a determination by the Director shall be referred to the Director in writing c/o
401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that
dispute a determination by the Division or Delegated Local Authority that “exempts” surface water from
the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until
the affected party (including downstream and adjacent landowners) is notified of this decision. The
Division recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a
hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within
Waters of the United States or Waters of the State or their associated buffers. If you have any additional
questions or require additional information, please contact me at 336-776-9693 or
sue.homewood@ncdenr.gov.
Sincerely,
Sue Homewood
Winston-Salem Regional Office
Enclosures: USGS Topo Map
Wildlands Features Map
Cc: Rick & Val Ingram, 1323 Burnetts Chapel Rd, Greensboro NC 27406
Katie Merritt, DWR (via email)
DWR, Winston-Salem Regional Office
The EDR Aerial Photo Decade Package
Burnettes Chapel Mitigation Site
1323 Burnettes Chapel Road
Greensboro, NC 27406
Inquiry Number: 3119551.4
July 11, 2011
EDR Aerial Photo Decade Package
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.
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.
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc.
It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO
WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA
RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL
ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE,
ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report AS IS. Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they
be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site
Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the
information provided in this Report is not to be construed as legal advice.
Copyright 2011 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.
Date EDR Searched Historical Sources:
Aerial Photography July 11, 2011
Target Property:
1323 Burnettes Chapel Road
Greensboro, NC 27406
Year Scale Details Source
1973 Aerial Photograph. Scale: 1"=1000'Panel #: 35079-H7, Pleasant Garden, NC;/Flight Date: February 24,
1973
EDR
1977 Aerial Photograph. Scale: 1"=1000'Panel #: 35079-H7, Pleasant Garden, NC;/Flight Date: March 01,
1977
EDR
1980 Aerial Photograph. Scale: 1"=1000'Panel #: 35079-H7, Pleasant Garden, NC;/Flight Date: March 15,
1980
EDR
1983 Aerial Photograph. Scale: 1"=1000'Panel #: 35079-H7, Pleasant Garden, NC;/Flight Date: April 21,
1983
EDR
1993 Aerial Photograph. Scale: 1"=604'Panel #: 35079-H7, Pleasant Garden, NC;/Composite DOQQ -
acquisition dates: February 02, 1993
EDR
2005 Aerial Photograph. Scale: 1"=604'Panel #: 35079-H7, Pleasant Garden, NC;/Flight Year: 2005 EDR
2006 Aerial Photograph. Scale: 1"=604'Panel #: 35079-H7, Pleasant Garden, NC;/Flight Year: 2006 EDR
2008 Aerial Photograph. Scale: 1"=604'Panel #: 35079-H7, Pleasant Garden, NC;/Flight Year: 2008 EDR
3119551.4
2
INQUIRY #:
YEAR:
3119551.4
1973
= 1000'
INQUIRY #:
YEAR:
3119551.4
1977
= 1000'
INQUIRY #:
YEAR:
3119551.4
1980
= 1000'
INQUIRY #:
YEAR:
3119551.4
1983
= 1000'
INQUIRY #:
YEAR:
3119551.4
1993
= 604'
INQUIRY #:
YEAR:
3119551.4
2005
= 604'
INQUIRY #:
YEAR:
3119551.4
2006
= 604'
INQUIRY #:
YEAR:
3119551.4
2008
= 604'
NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017
Page 1 of 12
STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT
AND RIGHT OF ACCESS PROVIDED
PURSUANT TO
FULL DELIVERY
MITIGATION CONTRACT
GUILFORD COUNTY
SPO File Number: XXXX
DMS Project Number: 100045
Prepared by: Office of the Attorney General
Property Control Section
Return to: NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made
this ________day of ________________, 2018, by Richard Lee and Valerie Manes Ingram,
(“Grantor”), whose mailing address is 1323 Burnetts Chapel Road, Greensboro, NC 27406 , to
the State of North Carolina, (“Grantee”), whose mailing address is State of North Carolina,
Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC
27699-1321. The designations of Grantor and Grantee as used herein shall include said parties,
their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or
neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State
of North Carolina has established the Division of Mitigation Services (formerly known as the
Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of
Environmental Quality for the purposes of acquiring, maintaining, restoring, enhancing, creating
and preserving wetland and riparian resources that contribute to the protection and improvement
NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017
Page 2 of 12
of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational
opportunities; and
WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated,
arranged and provided for as a condition of a full delivery contract between Wildlands
Engineering, Inc. and the North Carolina Department of Environmental Quality, to provide
stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of
Environmental Quality Purchase and Services Contract Number 7430.
WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121-35; and
WHEREAS, the Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District entered into a Memorandum of
Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU
recognized that the Wetlands Restoration Program was to provide effective compensatory
mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring,
enhancing and preserving the wetland and riparian areas of the State; and
WHEREAS, the Department of Environment and Natural Resources, the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington
District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in
Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services
(formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by
effective protection of the land, water and natural resources of the State by restoring, enhancing
and preserving ecosystem functions; and
WHEREAS, the Department of Environment and Natural Resources, the U.S. Army
Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife
Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of
Water Quality, the North Carolina Division of Coastal Management, and the National Marine
Fisheries Service entered into an agreement to continue the In-Lieu Fee operations of the North
Carolina Department of Natural Resources’ Division of Mitigation Services (formerly Ecosystem
Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces
the previously effective MOA and MOU referenced above; and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina,
on the 8th day of February 2000; and
WHEREAS, the Division of Mitigation Services in the Department of Environmental
Quality, which has been delegated the authority authorized by the Governor and Council of State
to the Department of Administration, has approved acceptance of this instrument; and
NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017
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WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being
in Sumner Township, Guilford County, North Carolina (the "Property"), and being more
particularly described as that certain parcel of land containing approximately 33.02 acres and
being conveyed to the Grantor by deed as recorded in Deed Book 3548 at Page 1013 and Deed
Book 3559 at Page 1826 of the Guilford County Registry, North Carolina; and
WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access
over the herein described areas of the Property, thereby restricting and limiting the use of the
areas of the Property subject to the Conservation Easement to the terms and conditions and
purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights.
The Conservation Easement shall be for the protection and benefit of the waters of unnamed
tributaries to Randleman Lake.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement along with a general Right of Access.
The Conservation Easement Area consists of the following:
Easement Areas B-1, B-2, B-3, B-4, C-1, C-2, and D-1 containing a total of 7.496 acres as shown
on the plats of survey entitled “Conservation Easement for the State of North Carolina Division
of Mitigation Services, Burnetts Chapel Buffer Mitigation Site, SPO File No. XXXX, DMS
Project Site No. 100045, Property of Richard Lee Ingram and Valerie Manes Ingram,” dated
6/1/2018 by Elisabeth G. Turner, PLS Number L-4440 and recorded in the Guilford County,
North Carolina Register of Deeds at Plat Book _______ Pages __________.
See attached “Exhibit A”, Legal Description of area of the Property hereinafter referred to as the
“Conservation Easement Area”
The purposes of this Conservation Easement are to maintain, restore, enhance, construct,
create and preserve wetland and/or riparian resources in the Conservation Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries,
aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the
Conservation Easement Area in its natural condition, consistent with these purposes; and to
prevent any use of the Easement Area that will significantly impair or interfere with these
purposes. To achieve these purposes, the following conditions and restrictions are set forth:
I. DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes, this Conservation Easement and
Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the
use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against
Grantor’s heirs, successors and assigns, personal representatives, agents, lessees, and licensees.
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II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES
The Conservation Easement Area shall be restricted from any development or usage that
would impair or interfere with the purposes of this Conservation Easement. Unless expressly
reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area
by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement.
Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee.
Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation
credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units,
derived from each site within the area of the Conservation Easement, are conveyed to and belong
to the Grantee. Without limiting the generality of the foregoing, the following specific uses are
prohibited, restricted, or reserved as indicated:
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational
uses, including hiking, bird watching, hunting and fishing, and access to the Conservation
Easement Area for the purposes thereof.
B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is
prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey
plat.
C. Educational Uses. The Grantor reserves the right to engage in and permit others to
engage in educational uses in the Conservation Easement Area not inconsistent with this
Conservation Easement, and the right of access to the Conservation Easement Area for such
purposes including organized educational activities such as site visits and observations.
Educational uses of the property shall not alter vegetation, hydrology or topography of the site.
D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded
survey plat and as related to the removal of non-native plants, diseased or damaged trees, or
vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or
natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation
in the Conservation Easement Area is prohibited.
E. Industrial, Residential and Commercial Uses. All industrial, residential and
commercial uses are prohibited in the Conservation Easement Area.
F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement
Area including any use for cropland, waste lagoons, or pastureland.
G. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole, tower, or other structure constructed or placed in the Conservation Easement Area.
H. Roads and Trails. There shall be no construction or maintenance of new roads, trails,
walkways, or paving in the Conservation Easement.
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All existing roads, trails and crossings within the Conservation Easement Area shall be shown on
the recorded survey plat.
I. Signs. No signs shall be permitted in the Conservation Easement Area except
interpretive signs describing restoration activities and the conservation values of the
Conservation Easement Area, signs identifying the owner of the Property and the holder of the
Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the
use of the Conservation Easement Area.
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement
Area is prohibited.
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel,
rock, peat, minerals, or other materials.
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or underground water in the Conservation Easement Area. No altering
or tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the
Conservation Easement Area is prohibited. In the event of an emergency interruption or
shortage of all other water sources, water from within the Conservation Easement Area may
temporarily be withdrawn for good cause shown as needed for the survival of livestock on the
Property.
M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision,
partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the
Grantor in fee simple (“fee”) that is subject to this Conservation Easement is allowed. Any future
transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the
Grantee’s right of unlimited and repeated ingress and egress over and across the Property to the
Conservation Easement Area for the purposes set forth herein.
N. Development Rights. All development rights are permanently removed from the
Conservation Easement Area and are non-transferrable.
O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any intentional introduction of non-
native plants, trees and/or animal species by Grantor is prohibited.
The Grantor may request permission to vary from the above restrictions for good cause
shown, provided that any such request is not inconsistent with the purposes of this Conservation
Easement, and the Grantor obtains advance written approval from the Division of Mitigation
Services, 1652 Mail Services Center, Raleigh, NC 27699-1652.
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III. GRANTEE RESERVED USES
A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents,
successors and assigns, receive a perpetual Right of Access to the Conservation Easement Area
over the Property at reasonable times to undertake any activities on the property to restore,
construct, manage, maintain, enhance, protect, and monitor the stream, wetland and any other
riparian resources in the Conservation Easement Area, in accordance with restoration activities
or a long-term management plan. Unless otherwise specifically set forth in this Conservation
Easement, the rights granted herein do not include or establish for the public any access rights.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and
manmade materials as needed to direct in-stream, above ground, and subterraneous water flow.
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted
to place signs and witness posts on the Property to include any or all of the following: describe
the project, prohibited activities within the Conservation Easement, or identify the project
boundaries and the holder of the Conservation Easement.
D. Fences. Conservation Easements are purchased to protect the investments by the State
(Grantee) in natural resources. Livestock within conservations easements damages the
investment and can result in reductions in natural resource value and mitigation credits which
would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are
required to restrict livestock access to the Conservation Easement area.
E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s),
however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair
crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if
such repairs are needed as a result of activities of the Grantor, his successors or assigns.
IV. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity within the Conservation Easement Area that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or
features in the Conservation Easement Area that may have been damaged by such unauthorized
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the
Grantee shall, except as provided below, notify the Grantor in writing of such breach and the
Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by
such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may
enforce this Conservation Easement by bringing appropriate legal proceedings including an
action to recover damages, as well as injunctive and other relief. The Grantee shall also have the
power and authority, consistent with its statutory authority: (a) to prevent any impairment of the
Conservation Easement Area by acts which may be unlawful or in violation of this Conservation
Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages
NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017
Page 7 of 12
from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the
immediate right, without notice, to obtain a temporary restraining order, injunctive or other
appropriate relief, if the breach is or would irreversibly or otherwise materially impair the
benefits to be derived from this Conservation Easement, and the Grantor and Grantee
acknowledge that the damage would be irreparable and remedies at law inadequate. The rights
and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all
other rights and remedies available to Grantee in connection with this Conservation Easement.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the
right, with reasonable notice, to enter the Conservation Easement Area over the Property at
reasonable times for the purpose of inspection to determine whether the Grantor is complying
with the terms, conditions and restrictions of this Conservation Easement.
C. Acts Beyond Grantor’s Control. Nothing contained in this Conservation Easement
shall be construed to entitle Grantee to bring any action against Grantor for any injury or change
in the Conservation Easement Area caused by third parties, resulting from causes beyond the
Grantor’s control, including, without limitation, fire, flood, storm, and earth movement, or from
any prudent action taken in good faith by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to life or damage to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor,
including, without limitation, any costs of restoration necessitated by Grantor’s acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantor.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee.
V. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon
the Property. Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property
are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits that may apply to
the exercise of the Reserved Rights.
NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017
Page 8 of 12
C. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown herein or to other addresses as either party establishes in writing
upon notification to the other.
D. Grantor shall notify Grantee in writing of the name and address and any party to whom
the Property or any part thereof is to be transferred at or prior to the time said transfer is made.
Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any
interest in the Property is conveyed is subject to the Conservation Easement herein created.
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof.
F. This Conservation Easement and Right of Access may be amended, but only in writing
signed by all parties hereto, or their successors or assigns, if such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any applicable
laws, and is consistent with the purposes of the Conservation Easement. The owner of the
Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing
sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any
request to void or modify this Conservation Easement. Such notifications and modification
requests shall be addressed to:
Division of Mitigation Services Program Manager
NC State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
and
General Counsel
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
G. The parties recognize and agree that the benefits of this Conservation Easement are in
gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in
the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the
transfer or assignment will be such that the transferee or assignee will be required to continue in
perpetuity the conservation purposes described in this document.
VI. QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property, including
the right to engage in or permit or invite others to engage in only those uses of the Conservation
NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017
Page 9 of 12
Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent with the purposes of this Conservation Easement. Without limiting the generality of
the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Conservation Easement Area, and the right of quiet
enjoyment of the Conservation Easement Area,
TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes,
AND Grantor covenants that Grantor is seized of said premises in fee and has the right to
convey the permanent Conservation Easement herein granted; that the same is free from
encumbrances and that Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
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Page 10 of 12
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
___________________________________ (SEAL)
Richard Lee Ingram
___________________________________ (SEAL)
Valerie Manes Ingram
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Page 11 of 12
NORTH CAROLINA
COUNTY OF _________________
I, _____________________________, a Notary Public in and for the County and State
aforesaid, do hereby certify that _________________________, Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the __________
day of ___________________, 20__.
________________________________________
Notary Public
My commission expires:
______________________________
NORTH CAROLINA
COUNTY OF _________________
I, _____________________________, a Notary Public in and for the County and State
aforesaid, do hereby certify that _________________________, Grantor, personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the __________
day of ___________________, 20__.
________________________________________
Notary Public
My commission expires:
______________________________
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 1.4
Note: only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
rro ect Name:
Burnetts Chapel Buffer Mitigation Site - Phase II
County Name:
Guilford County
EEP Number:
100045
Project Sponsor:
Wlldlands Engineering, Inc.
Project Contact Name:
Andrea Eckardl
Project Contact Address:
1430 S. Mint Street, Suite 104, Charlotte, NC 28203
Project Contact E-mail:
aeckardt@wlldlandsinc.com
EEP Project Manager:
Lindsay Crocker
The Burnetts Chapel Buffer Mitigation Site - Phase II is a riparian buffer mitigation project
located in Guilford County, NC, west of the Town of Pleasant Garden and south of the City of
Greensboro. The project is located on several unnamed tributaries to Randleman Lake. The project
will provide riparian buffer mitigation units to NCDMS in the Cape Fear River Basin (03030003)_
Reviewed By:
Date
Conditional Approved By:
Date
❑ Check this box it there are outstanding issues
Final Approval By:
EEP Project Manager
For Division Administrator
FHWA
4- 1-/? �4 Z,11)6�
Date For Division Administrator
FHWA
Wildlands Engineering, Inc. phone 704-332-7754 fax 704-332-3306 1430 S. Mint Street, # 104 Charlotte, NC 28203
June 1, 2018
Mr. Donnie Brew
Federal Highway Administration
310 New Bern Ave, Suite 410
Raleigh, NC 27601
RE: Burnetts Chapel Mitigation Site – Phase II – updated Categorical Exclusion Documentation
DMS Project # 100045
Dear Mr. Brew,
The Burnetts Chapel Mitigation Site‐Phase II is a buffer restoration project located approximately three
miles west of the Town of Pleasant Garden and four miles south of the City of Greensboro in Guilford
County, NC (Figure 1). The Site is comprised of approximately 7.5 acres along several unnamed tributaries
to the Randleman Reservoir and is immediately adjacent to Phase I of the Burnetts Chapel Mitigation
Project, where monitoring was successfully completed by Wildlands in 2016. The Site expands the
riparian buffer area from 50 feet in Phase I to 100‐200 feet on project streams and ephemeral channels.
A Categorical Exclusion was approved by the Federal Highway Administration (FHWA) on Phase I of the
site on September 2, 2011.
Wildlands Engineering reassessed the Phase II project area for potential impacts to federally listed
threatened and endangered species on April 13, 2018 (https://www.fws.gov/raleigh/species/
cntylist/guilford.html). Based on the pedestrian survey of the project area, no individual species, critical
habitat, or suitable habitat was found to exist in the project area for either the bald eagle (Haliaeetus
leucocephalus) or the small whorled pogonia (Isotria medeoloides).
Per our phone conversation on February 27, 2018, no further assessment other than the endangered
species assessment, would be needed for the FHWA to update and approve the existing Categorical
Exclusion for the project. Please let me know if you need any additional information or documentation
on the site.
Sincerely,
Andrea Eckardt
Senior Environmental Scientist
Attachments:
Figure 1 Site Map
Signature Page of Phase I Categorical Exclusion
FORM-BPK-SXC
®kcehCoeG htiw tropeR ™paM suidaR RDE ehT
440 Wheelers Farms Road
Milford, CT 06461
Toll Free: 800.352.0050
www.edrnet.com
Burnettes Chapel Mitigation Site
1323 Burnettes Chapel Road
Greensboro, NC 27406
Inquiry Number: 3119551.2s
July 11, 2011
SECTION PAGE
Executive Summary ES1
Overview Map 2
Detail Map 3
Map Findings Summary 4
Map Findings 7
Orphan Summary 8
Government Records Searched/Data Currency Tracking GR-1
GEOCHECK ADDENDUM
Physical Setting Source Addendum A-1
Physical Setting Source Summary A-2
Physical Setting SSURGO Soil Map A-5
Physical Setting Source Map A-12
Physical Setting Source Map Findings A-14
Physical Setting Source Records Searched A-36
TC3119551.2s 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,
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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 2011 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.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY
TC3119551.2s 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 1527-05) or custom requirements developed for the evaluation of
environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
1323 BURNETTES CHAPEL ROAD
GREENSBORO, NC 27406
COORDINATES
35.946100 - 35˚ 56’ 46.0’’Latitude (North):
79.845600 - 79˚ 50’ 44.2’’Longitude (West):
Zone 17Universal Tranverse Mercator:
604118.8UTM X (Meters):
3978385.8UTM Y (Meters):
790 ft. above sea levelElevation:
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
35079-H7 PLEASANT GARDEN, NCTarget Property Map:
1982Most Recent Revision:
AERIAL PHOTOGRAPHY IN THIS REPORT
2005, 2006, 2008Portions of Photo from:
USDASource:
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
EXECUTIVE SUMMARY
TC3119551.2s EXECUTIVE SUMMARY 2
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
CERCLIS Comprehensive Environmental Response, Compensation, and Liability Information System
FEDERAL FACILITY Federal Facility Site Information listing
Federal CERCLIS NFRAP site List
CERC-NFRAP CERCLIS No Further Remedial Action Planned
Federal RCRA CORRACTS facilities list
CORRACTS Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF RCRA - Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG RCRA - Large Quantity Generators
RCRA-SQG RCRA - Small Quantity Generators
RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator
Federal institutional controls / engineering controls registries
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
OLI Old Landfill Inventory
State and tribal leaking storage tank lists
LUST Regional UST Database
EXECUTIVE SUMMARY
TC3119551.2s EXECUTIVE SUMMARY 3
LUST TRUST State Trust Fund Database
LAST Leaking Aboveground Storage Tanks
INDIAN LUST Leaking Underground Storage Tanks on Indian Land
State and tribal registered storage tank lists
UST Petroleum Underground Storage Tank Database
AST AST Database
INDIAN UST Underground Storage Tanks on Indian Land
FEMA UST Underground Storage Tank Listing
State and tribal institutional control / engineering control registries
INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
VCP Responsible Party Voluntary Action Sites
INDIAN VCP Voluntary Cleanup Priority Listing
State and tribal Brownfields sites
BROWNFIELDS Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations
ODI Open Dump Inventory
HIST LF Solid Waste Facility Listing
INDIAN ODI Report on the Status of Open Dumps on Indian Lands
Local Lists of Hazardous waste / Contaminated Sites
US CDL Clandestine Drug Labs
US HIST CDL National Clandestine Laboratory Register
Local Land Records
LIENS 2 CERCLA Lien Information
LUCIS Land Use Control Information System
Records of Emergency Release Reports
HMIRS Hazardous Materials Information Reporting System
Other Ascertainable Records
RCRA-NonGen RCRA - Non Generators
EXECUTIVE SUMMARY
TC3119551.2s EXECUTIVE SUMMARY 4
DOT OPS Incident and Accident Data
DOD Department of Defense Sites
FUDS Formerly Used Defense Sites
CONSENT Superfund (CERCLA) Consent Decrees
ROD Records Of Decision
UMTRA Uranium Mill Tailings Sites
MINES Mines Master Index File
TRIS Toxic Chemical Release Inventory System
TSCA Toxic Substances Control Act
FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing
SSTS Section 7 Tracking Systems
ICIS Integrated Compliance Information System
PADS PCB Activity Database System
MLTS Material Licensing Tracking System
RADINFO Radiation Information Database
FINDS Facility Index System/Facility Registry System
RAATS RCRA Administrative Action Tracking System
IMD Incident Management Database
UIC Underground Injection Wells Listing
DRYCLEANERS Drycleaning Sites
NPDES NPDES Facility Location Listing
INDIAN RESERV Indian Reservations
SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing
PCB TRANSFORMER PCB Transformer Registration Database
COAL ASH EPA Coal Combustion Residues Surface Impoundments List
COAL ASH DOE Sleam-Electric Plan Operation Data
FINANCIAL ASSURANCE Financial Assurance Information Listing
COAL ASH Coal Ash Disposal Sites
EDR PROPRIETARY RECORDS
EDR Proprietary Records
Manufactured Gas Plants EDR Proprietary Manufactured Gas Plants
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were not identified.
Unmappable (orphan) sites are not considered in the foregoing analysis.
EXECUTIVE SUMMARY
TC3119551.2s EXECUTIVE SUMMARY 5
Due to poor or inadequate address information, the following sites were not mapped. Count: 20 records.
Site Name Database(s)____________ ____________
WYSONG & MILES CO. - NONUST IMD,LAST
QUALITY MART 7 UST,FINANCIAL ASSURANCE 1
TIRES INC GUILFORD CO SCRAP TIRE C HIST LF
TIRES INC., GUILFORD COUNTY LF,HIST LF
HUBERT ATKINS PROPERTY #4 HWS
CAROLINA TANK CLEANING COMPANY HWS
I-85 ACRYLIC ACID SPILL CERCLIS
FORMER EAST COAST #68 (SEE 180 IMD,LUST
GARDNER PROPERTY (FORMER) IMD,LUST
CORNELL PROPERTY LUST TRUST
COLTRANE MILL UST
GAMBLE SERVICE STATION UST
CONTINENTAL OIL CO (CHIMNEY ROCK R AST
BEAR CREEK SITE C/O FOUR SEASONS RCRA-LQG
RAY‘S FURNITURE CO INC FINDS,RCRA-NLR
M & M MOTOR CO. INC RCRA-NLR
OKLAHOMA INSTALLATION CO #446 FINDS,RCRA-CESQG
DART CONTAINER OF NORTH CAROLINA FINDS,RCRA-CESQG
LEES CHAPEL ROAD ERNS
STEVE RIDENOUR RESIDENCE IMD
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.
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