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HomeMy WebLinkAbout20190157 Ver 1_Final Draft Buffer Plan_20200902ID#* 20190157 Version* 1 Select Reviewer:* Katie Merritt Initial Review Completed Date 09/03/2020 Mitigation Project Submittal - 9/2/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer r- Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Jeremiah Dow Project Information .................................................................................................................................................................. ID#:* 20190157 Existing IDY Project Type: r DMS r Mitigation Bank Project Name: Perry Hill Mitigation Site County: Orange Document Information Email Address:* jeremiah.dow@ncdenr.gov Version: *1 Existing Version Mitigation Document Type:* Mitigation Plans File Upload: PerryHill_100093_BufferMP_2020.pdf 30.48MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* Jeremiah Dow Signature:* Appendix 1 RIPARIAN BUFFER MITIGATION PLAN Final July 2020 PERRY HILL MITIGATION SITE Orange County, NC NCDEQ Contract No. 7744 DMS ID No. 100093 Neuse River Basin HUC 03020201 USACE Action ID No. SAW-2019-00125 DWR Project No. 2019-0157 RFP #: 16-007576 PREPARED FOR: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 ad4]r1d4111 WIF Wildlands Engineering, Inc. 497 Bramson Court, Suite 104 Mount Pleasant, SC 29464 Phone: (843) 277-6221 W0.* WILDLANDS ENGINEERING August 5, 2020 Mr. Jeremiah Dow Project Manager NCDEQ- Division of Mitigation Services 217 West Jones Street, Suite 3000A Raleigh, NC 27603 Subject: Comment -Response Letter Perry Hill Mitigation Site— North Carolina Interagency Review Team Comments during 30- day Mitigation Plan Review Neuse River Basin — CU# 03020201 Orange County, NC Contract No. 7744 Dear Mr. Dow: On July 27,2020, Wildlands Engineering received comments from DWR related to the Perry Hill Riparian Buffer Mitigation Plan dated April 2020. The report establishes the proposed buffer mitigation activities at the project site. The following letter documents DWR's feedback and Wildlands' corresponding responses and revisions to the plan. Following your acceptance of these responses and revisions, we will proceed with Task 2 (Conservation Easement Recordation). DWR Comments, Katie Merritt: 1. Title Page — Cited Regulations: Replace 0233 with .0714. Effective Date is June 15, 2020. Also replace .0240 with .0703 and rename the rule to "Nutrient Offset Credit Trading" with effective date is April 1, 2020. Response: Wildlands revised the title page per the comment above. 2. Section 1.0 — In reviewing the stream mitigation plan as well as this plan, it was unclear whether DMS is seeking wider buffers for both stream & buffer credit. Please state whether or not buffers restored beyond 50' are being used towards stream credit. Response: The buffer adjacent to the stream and within 50 ft of the proposed top of bank will be restored. However, Wildlands is not proposing buffer restoration for stream credit generation. 3. Table 1— Clarify that fencing will at least be installed around all areas where buffer enhancement credit is requested, since this is a requirement in 0295 (o)(6). Response: The 'entire' project area will be fenced. Wildlands clarified in the objective language and the bullet list in Section 2.2 that the entire area will be fenced. 4. Section 2.1 & Appendix 1a — Site photos are dated May 2019 and do not depict existing conditions as of the time the Mit Plan was submitted. Provide more recent photos of the riparian area conditions and describe any changes to the proposed mitigation areas from what was observed during the 2019 site visit. Response: Wildlands revised Section 2.1 and revised the photolog. Landuse activities within the proposed mitigation area have remained consistent since the initial agency site visit. w Wildlands Engineering, Inc. (P) 843.277.6221 • 497 Bramson Court, Suite 104 • Mount Pleasant, SC 29464 5. Table 2 — Add that the site is located in the Upper Falls Watershed. Response: Wildlands revised Table 2. 6. Section 2.2, V paragraph — Correct rule reference here to be .0295 (o). Response: Wildlands revised Section 2.2 to reference the appropriate rule. 7. Section 2.2, Buffer Restoration on Ephemeral Channels 15A NCAC 02B .0295 (o)(7) — Explain how you determined Bullet #2 and include a reference (maybe table 5?). Explain how you concluded bullet #3. For Bullet #4 correct the rule reference here by excluding subchapter "o." Response: Wildlands revised Section 2.2 and referenced Table 7a and Figure 3. Wildlands revised the reference in the fourth bullet. 8. Section 2.2, Enhancement via Cattle Exclusion 15A NCAC 02B .0295 (o)(6) — Explain how bullet #1(livestock exclusion) is achieved. Bullet #2, what is the "enhancement plan?" Is there a particular section/s where the plan is described? Explain how Bullet #3 was determined. I recommend referencing Section 2.8 and the Appendix where you have the site viability letter. Response: Wildlands will exclude livestock via the construction of a perimeter fence that will be located 2 ft outside the proposed (and illustrated) easement boundary. Wildlands enclosed the DWR site viability letter in Appendix 1b. Section 2.8 — Please replace "Katie Merritt" with "DWR." Response: Wildlands revised the mitigation plan to remove the reference to Katie Merritt. 10. Section 5.0—Add a reference to Figure 10 and explain in the text that nutrient offset credits can service only the Falls Lake Watershed while buffer credits can serve Neuse 03020201, including the Falls Lake Watershed. Response: Wildlands revised Section 5.0 to reflect the service area limitations. 11. Table 7a — I may have many comments to make on this table. I have to delay providing these comments until I receive clarification from other DWR staff. I will provide those comments separately to DMS as soon as I'm able. Response: Wildlands revised Table 7a. 12. Section 6.0, 15` paragraph — Reference the Plan sheets that show the stream mitigation activities. Response: Wildlands revised Section 6.0 and referenced the plan sheets (illustrating the stream mitigation activities) that are enclosed with the Mitigation Plan in Appendix 8. 13. Section 6.1— Parcel preparation is more intense on stream mitigation sites, but this section is very vague. Add a reference to the Stream Plan where details can be found regarding grading, mowing, ripping, etc., or please provide more details here regarding site prep work, especially soil preparations. Response: Wildlands revised Section 6.1 to include more information related to parcel preparation. Page 2 Please indicate that no top soil will be removed from the riparian areas slated for riparian restoration. The source of fill material for stream mitigation activities should come from another part of the site where buffer credits are not being sought. With the riparian areas mostly in compact pasture soils and dense in fescue vegetation, both mowing and ripping should be proposed for this site. Response: Wildlands revised Section 6.1. The Site Viability letter calls out a drainage conveyance B below the ag pond. How will diffuse flow by this conveyance be addressed. Response: Wildlands added a floodplain sill downstream of drainage conveyance B to act as a level spreader and to diffuse flow to the restored stream channel. This will allow for dispersed overland flow through the restored buffer and into the stable riffle section of Perry Branch. In the 3rd sentence, please describe "chemical" treatment. Response: Wildlands will use a select targeted chemical (i.e., glyphosate 2.5%) to treat undesirable growth and invasive species. 14. Section 6.2— Even though it isn't spelled out here, I appreciate the use of pollinator species in your seed mixes. Please call this out in the text within this section. Response: Wildlands revised Section 6.2 to state that pollinator species were included in the permanent seed mix. Reference the applicable Plan Sheets where the planting plan is provided in more detail. Response: Wildlands revised Section 6.2 to reference Section 4 (Planting Plan) of the plan sheets that are enclosed with the Mitigation Plan, Appendix 8. Remove tag alder and Red Maple from the Planting Plan. These trees are proposed to be planted within areas receiving buffer credit, and DWR does not support including these in this planting plan. Response: Wildlands removed this species from the planting plan. A plan to address how fescue will be treated before initial planting efforts should be included in this section. Response: Wildlands revised Section 6.2 to include language that details fescue management activities. Last paragraph of Section 6.2 references vegetation management. What type of management is anticipated? please explain this in detail Response: Wildlands revised Section 6.2 to reference specific vegetation measures. Wildlands will develop and implement adaptive measures in the event that other invasive species compete with targeted vegetative communities. 15. Section 6.3 — The Plan sheets showing the fence boundaries should be referenced in this section. Also, add a note that the Bank is "being proposed to DWR" since it hasn't yet been reviewed or approved. Response: Wildlands revised Section 6.3 to reference Section 5 of the plan sheets which illustrate the fencing plan. Page 3 16. Section 7.1— Address how fescue will be controlled during the monitoring period. Response: Wildlands revised Section 7.1. Wildlands intends to treat and control fescue via chemical and mechanical activities prior to and during construction. Wildlands will monitor fescue re-establishment and potential adverse impacts to planted vegetation communities during the monitoring period. Wildlands will implement chemical treatments in the event that fescue prevents the establishment of the targeted vegetation communities. 17. Section 8.2 — Add height to the parameters that will be evaluated annually. DWR expects the heights to be included in the reports. Response: Wildlands revised Section 8.2 and Section 7.1 to include height as a parameter. 18. Figure 2 — Call out start of ephemeral streams as "DWR Ephemeral Point." Call out intermittent stream start location "DWR Intermittent Point." Label Drainage Conveyance B. Call out start of intermittent stream on UT1 as "DWR E/I Point." Response: Wildlands revised Figure 2. 19. Figure 6 — Show the proposed easement boundary for the Perry Hill Mitigation Bank. Response: Wildlands revised Figure 5 to illustrate the bank boundary. 20. Appendix - No DWR Stream determination letter was included. Please add to Appendix and reference in Section 2.8 or in other more appropriate sections. Response: Wildlands enclosed the determination letter in Appendix 1b and included a reference in Section 2.8. Thank you for your review and comment on this submittal. If you have any further questions, please contact me at 843.277.6221 or djohnson@wildlandseng.com. Sincerely, Daniel Johnson, MBA, PE, PH, Senior Water Resources Engineer Page 4 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. • 15A NCAC 02B .0714 Neuse River Basin Buffer Rule, effective June 15, 2020. • 15A NCAC 02B .0703, Nutrient Offset Credit Trading, effective April 1, 2020. • 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: John Hutton, Principal in Charge Daniel Johnson, MBA, PE, PH, Project Monoger Daniel Johnson, MBA, PE, PH, Plan Development/Quality Check Carolyn Lanza, Monitoring Lead Andrea Eckardt, QuolityAssuronce TABLE OF CONTENTS 1.0 Introduction............................................................................................................................1 2.0 Mitigation Project Summary....................................................................................................1 2.1 Existing Site Conditions................................................................................................................. 2 2.2 Alternative Mitigation.................................................................................................................. 3 2.3 Watershed Characterization.........................................................................................................4 2.4 Soils...............................................................................................................................................4 2.5 Geology.........................................................................................................................................5 2.6 Vegetation.................................................................................................................................... 5 2.7 Site Constraints and Access.......................................................................................................... 6 2.8 Current Site Resources................................................................................................................. 6 2.9 Historic Site Resources................................................................................................................. 6 3.0 Site Protection Instrument.......................................................................................................6 3.1 Site Protection Instruments Summary Information..................................................................... 6 4.0 Regulatory Considerations.......................................................................................................7 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.........................................................................................................9 6.0 Mitigation Work Plan............................................................................................................10 6.1 Parcel Preparation......................................................................................................................10 6.2 Riparian Area Restoration Activities........................................................................................... 10 6.3 Riparian Area Enhancement via Livestock Exclusion Activities .................................................. 11 7.0 Performance Standards.........................................................................................................11 7.1 Vegetation.................................................................................................................................. 11 7.2 Visual Assessments..................................................................................................................... 12 7.3 Reporting Performance Criteria................................................................................................. 12 7.4 Maintenance and Contingency Plans......................................................................................... 12 8.0 Monitoring Plan....................................................................................................................12 8.1 Monitoring Components............................................................................................................ 13 8.2 Vegetation.................................................................................................................................. 13 8.3 Visual Assessment and Photo Documentation........................................................................... 13 9.0 Long -Term Management Plan................................................................................................13 10.0 Adaptive Management Plan...................................................................................................14 11.0 References............................................................................................................................15 Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page i July 2020 Table 1: Ecological and Water Quality Goals................................................................................................ 2 Table 2: Buffer Project Attributes.................................................................................................................3 Table 3: Drainage Areas and Associated Land Use.......................................................................................4 Table 4: Project Soil Types and Descriptions................................................................................................5 Table 5: Site Protection Instrument..............................................................................................................6 Table 6: Project Attribute Table....................................................................................................................7 Table 7a: Buffer Project Areas and Assets....................................................................................................9 Table 7b: Buffer Project Areas and Assets (Summary).................................................................................9 Table 8: Monitoring Components...............................................................................................................13 FIGURE Figure 1 Vicinity Map Figure 2 Site Map Figure 3 Watershed Map Figure 4 USGS Topographic Map Figure 5 NRCS 1977 Soils Map Figure 6 Credit Calculations Map Figure 7 Riparian Buffer Zones Map Figure 8 Buffer Monitoring Map Figure 9 Nutrient Offset Zones Map Figure 10 Service Area Map APPENDICES Appendix 1a Site Photographs Appendix 1b Agency and Landowner Correspondence Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page ii July 2020 1.0 Introduction The Perry Hill Mitigation Site (Site) is a riparian buffer and stream mitigation project located in the rural countryside of Orange County, approximately three miles northwest of Hillsborough, NC (Figure 1). The Site encompasses approximately 26.877 acres of Perry Branch, three additional unnamed tributaries, and two ephemeral channels. Currently, the Site is characterized by a mix of active pastures, fields, and woodlands. The project will restore or enhance via livestock exclusion the riparian area within the project area, which will provide 878,894.828 buffer credits or 24.896 acres of buffer mitigation. The Site is located within the Hydrologic Unit Code (HUC) 03020201030020 and North Carolina Department of Water Resources (NCDWR) Sub -basin 03-04-01. Perry Branch and the three unnamed tributaries on the Site flow directly to Corporation Lake, a water supply reservoir on the Eno River. The Eno River is classified as water supply waters (WS-II) and nutrient sensitive waters (NSW). The Eno river subsequently flows to Falls Lake, which is also classified as water supply waters (WS-IV) and nutrient sensitive waters (NSW). All water supply waters are considered high quality waters (HOW) by supplemental classification. In addition, all waters in the Neuse River Basin are classified as NSW which is a supplemental classification intended for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation. The 2009 Neuse River Basinwide Water Quality Plan lists major stressors in Subbasin 03-04-01 to be total suspended solids (TSS), nutrients, and chlorophyll a (NCDENR, 2009). The 2010 Neuse River Basin Restoration Priorities (RBRP) highlights the importance of riparian buffers for stream restoration projects (NCEEP, 2010). Riparian buffers retain and remove nutrients and suspended sediments. Of the 123 miles of streams in the Middle Eno River watershed (03020201030030), 23% do not have adequate riparian buffers. The RBRP states that "priority [restoration] projects should increase or improve buffers." The RBRP also states that a goal for the Neuse 01 is to, "...promote nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers." Another goal for the Neuse 01 is to support the Falls Lake Watershed Management Plan. This riparian buffer mitigation project will reduce sediment and nutrient loading, improve terrestrial and in stream habitats, and improve stream and bank stability. The area surrounding the streams proposed for mitigation is a mixture of active pasture, fields, and woodlands. By removing livestock access to onsite tributaries and restoring and enhancing a forested riparian area; the project will reduce nutrient and sediment inputs to project streams, and ultimately to Falls Lake. The restored floodplain areas will filter sediment during rainfall events. The establishment of riparian areas 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. 2.0 Mitigation Project Summary The major goals of this proposed riparian buffer mitigation project are to provide ecological and water quality enhancements to the Falls Lake watershed of the Neuse River Basin by creating a functional riparian corridor and restoring the riparian area. Specific riparian area enhancements to water quality and ecological processes are outlined below in Table 1. Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 1 July 2020 Table 1: Ecological and Water Quality Goals Goal Objective CU-Wide and RBRP Objectives Supported Exclude livestock Exclude livestock from streams and riparian Reduce and control sediment inputs; from project areas by installing fencing around the entire Reduce and manage nutrient inputs; streams and project area and/or removing livestock from Contribute to protection of or adjacent riparian the Site. improvement to a Water Supply areas. Waterbody. Convert active livestock pasture to forested Reduce and control sediment inputs; Restore and riparian areas along all Site streams. Protect Reduce and manage nutrient inputs; enhance native and enhance existing forested riparian Provide a canopy to shade streams and floodplain areas. Treat invasive species during reduce thermal loadings; Contribute to vegetation. monitoring period to permit establishment protection of or improvement to a Water of native plantings. Supply Waterbody. Permanently Ensure that development and agricultural protect the Establish a conservation easement on the uses that would damage the Site or reduce project Site from Site. the benefits of the project are prevented. harmful uses. 2.1 Existing Site Conditions This proposed riparian buffer mitigation project will place 26.877 acres of agricultural fields and woodlands along Perry Branch and three unnamed tributaries that drain into the Falls Lake watershed, part of the Neuse River Basin, under a conservation easement. Out of the 26.877 acres, 24.896 are proposed for a combination of riparian area restoration or enhancement via livestock exclusion. In general, this area has maintained its rural, farming character over the last 81 years with only minor changes in land cover. This consistency in land use within the project watershed indicates that watershed processes affecting hydrology, sediment supply, and nutrient and pollutant delivery have not varied widely over this time period. With a lack of developmental pressure, watershed processes and stressors from outside the project limits are likely to remain consistent throughout the implementation, monitoring, and closeout of this project. Additionally, landuse within the proposed mitigation areas at the Site have remained consistent since the project proposal was submitted. Photos of existing riparian areas onsite are included in Appendix 1a. The Site contains one perennial stream Perry Branch (Reach 1,2,3, and 4); three intermittent streams UT1 (Reach 1 and 2); UT2 (Reach 1 and 2); and UT3; and two ephemeral channels EC1 and EC3. Perry Branch is a headwater system that originates onsite. At the upstream extent, this reach is buffered by riparian wetlands and forest but livestock currently have access to the stream, further impairing existing conditions via bank trampling and hoof shear. Downstream reaches of Perry Breanch exhibit floodplains primarily comprised of open pasture with isolated areas of vegeation along the stream bank. UT1 originates from an ephemeral channel (EC1) and is classified as an intermittent channel that originates at a knickpoint where the land use transitions from row crops to livestock pasture. There are no trees along the banks of UT1 Reach 1, the banks are generally bare, and riparian vegetation consists of pasture grasses. Livestock access has resulted in areas of significant bank erosion as well as significant instream sedimentation resulting in impaired bed form and habitat complexity. UT2 originates from a wetland on the project parcel and flows southeast to Perry Branch. This reach originates in a mature forest, but livestock impacts have significantly altered the understory and Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 2 July 2020 herbaceous communities. The lower extent of UT2 has a deficient buffer that ranges from 0 to 30 feet wide along the right bank and Livestock impacts are evident throughout. UT3 originates from an ephemeral channel (EC3) with a limited woody buffer of approximately 5 -10 feet on each side which is surrounded by active livestock pasture. UT3 becomes an intermittent stream feature that flows through a forested area prior to the confluence with Perry Branch Reach 3. Livestock impacts are evident within the forested area, including bank trampling and hoof shear. Mature trees are present, but the understory and herbaceous vegetation are severely degraded. Table 2: Buffer Project Attributes Project Name Perry Hill Mitigation Site Hydrologic Unit Code 03020201030020 River Basin / Watershed Neuse River / Upper Falls Geographic Location (Lat, Long) 36.108078,-79,128361 Site Protection Instrument (DB, PG) To be recorded Total Credits (BMU) 878,894.828 Types of Credits Riparian Buffer Mitigation Plan Date April 2020 Initial Planting Date February 2021 Baseline Report Date March 2021 MY1 Report Date November 2021 MY2 Report Date November 2022 MY3 Report Date November 2023 MY4 Report Date November 2024 MY5 Report Date November 2025 2.2 Alternative Mitigation 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 enhancement via livestock exclusion. The proposed project complies with these rules in the following ways: Buffer Restoration on Ephemeral Channels 15A NCAC 02B .0295 (o)(7): • The ephemeral channel is directly connected to intermittent or perennial stream channels and will be protected under the same contiguous easement boundary (Figure 2). • The area of the mitigation site on ephemeral channels compromises less than 14 percent of the total area of buffer mitigation, Table 7a. • The mitigation area on the Site's ephemeral channels drains to the ephemeral channel (Figure 3) or is located completely within its drainage area. • The proposed area meets all applicable requirements of Paragraph (n) of (15A NCAC 02B .0295), for restoration or enhancement. Enhancement via Livestock Exclusion 15A NCAC 02B .0295 (o)(6) • Wildlands will permanently exclude livestock from the riparian area via the construction of a perimeter fence 2-ft outside the proposed and illustrated easement. • An enhancement plan must be provided in accordance by Paragraph (n) of 15A NCAC 02B .0295 Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 3 July 2020 Grazing must be the predominant land use since the effective date of the applicable buffer rule. See Section 2.8 and Appendix 1b for additional details. 2.3 Watershed Characterization The Site is located in Orange County approximately three miles northwest of Hillsborough, NC (Figure 1). The Site is located within the Hydrologic Unit Code (HUC) 03020201030020 and North Carolina Department of Water Resources (DWR) Sub -basin 03-04-01. Site topography, as indicated on the Hillsborough and Efland, NC USGS 7.5-minute topographic quadrangles, includes mostly gently sloped alluvial valleys with some steeper slopes along UT1 (Figure 4). Drainage areas for the streams and riparian areas were determined by delineating watersheds on the Hillsborough and Efland USGS 7.5-minute topographic quadrangles. Figure 3 shows the watershed boundaries for each area. Existing riparian buffers within the watersheds includes a mix of active pastures, fields, and woodlands. The watershed drainage areas and current land use are summarized in Table 3. Table 3: Drainage Areas and Associated Land Use Reach Name DWR Stream Designation Watershed Area Land Use (acres) 68% managed herbaceous cover/pasture; Perry Branch Perennial 175 22%forested; 5%Shrub; 3% grassland/herbaceous; 2% residential area; <1% impervious >99% managed herbaceous cover/pasture; UT1 Intermittent 10 <1% forested 66% managed herbaceous cover/pasture; UT2 Intermittent 23 34% forested 70% managed herbaceous cover/pasture; UT3 Intermittent 20 30% forested EC1 Ephemeral 7 >99% managed herbaceous cover/pasture; <1% forested EC3 Ephemeral 17 85% managed herbaceous cover/pasture; 15% forested 2.4 Soils The proposed project is mapped by the 1977 Soil Survey of Orange County (Figure 5). Project area soils are described in Table 4. Most of the stream reaches are on Georgeville silt loam soils, with Enon loam, Iredell gravelly loam, and Lignum silt within the upper reaches. Enon loam underlies UT2; Iredell gravelly loam underlies UT3; and Iredell gravelly loam and Lignum silt underlies the headwaters of Perry Branch. These streams are small headwater systems and due to the scale of the soil mapping exercise, these specific reaches are not discernable based on the soil mapping results. Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 4 July 2020 Table 4: Project Soil Types and Descriptions Soil Name Description This series consists of well -drained soil with a slope of 2 to 6 percent located on Enon loam (EnB) broad ridges in the uplands. Typically, the surface layer is loam about 5 inches thick. The subsoil extends to a depth of 25 inches. This series consists of well -drained soil with a slope of 6 to 12 percent located side Enon loam (EnQ slopes adjacent to ridges on the uplands. Typically, the surface layer is loam about 5 inches thick. The subsoil extends to a depth of 25 inches. This series consists of well -drained soil with a slope of 6 to 10 percent located on Georgeville silt loam (GeQ narrow side slopes in the uplands. Typically, the surface layer is silt loam about 7 inches thick. The subsoil extends to a depth of 65 inches. This series consists of well -drained soils on broad ridges on the uplands. The slopes Herndon silt loam (HrB) range from 2 to 6 percent. The surface layer is silt loam about 4 inches thick. The subsoil is about 49 inches thick. These soils are moderately well drained soils on broad ridges on the uplands with Iredell gravelly loam (IrB) slopes of 1 to 4 percent. The surface layer of the series is gravelly loam about 5 inches thick. The subsurface layer is gravelly loam 3 inches thick. The subsoil is about 21 inches thick. This series consists of moderately well -drained soil on uplands with a slope of 0 to Lignum silt (Lg) 3 percent. The surface layer is silt loam about 1 inch thick. The subsurface layer is silt loam about 5 inches thick. The subsoil is about 30 inches thick. This series consists of well -drained soil on hillslopes of ridges with slopes of 8 to 15 Tarrus silt loam (TaD) percent. The surface layer is silt loam about 6 inches thick. The subsurface layer is silty clay about 14 inches thick. The subsoil is about 24 inches thick. Source: Orange County Soil Survey, USDA-NRCS, http://efotg.nres.usda.gov 2.5 Geology The project is located in the Ecoregion 45c - Carolina Slate Belt of the Piedmont physiographic province (NCGS, 1985). The Carolina Slate Belt extends from southern Virginia, across the Carolinas, and into Georgia. The rocks in this region are primarily volcanic and sedimentary rocks that underwent low-grade metamorphism giving them a slaty cleavage. Coarse -grained intrusive granites comprise the rest of the Slate Belt rocks (Rogers, 2006). The geology of this area has important effects on Site hydrology, hydraulics, geomorphology, and sediment transport. Streams in the Carolina Slate Belt tend to go dry during late summer and early fall as a result of geologic, topographic, and climatic factors. A study by Giese and Mason states that the "Carolina slate belt has among the lowest potential for sustaining baseflow in streams" throughout the year as compared to other regions of North Carolina. Median low flows in the Carolina Slate Belt, defined by the study as the 7Q10 (7-day consecutive low flow with a 10- year return frequency, or the lowest stream flow for seven consecutive days that would be expected to occur once in ten years), can be as low as 0.005 ft3/s/mi2 of drainage area (Giese and Mason, 1993). 2.6 Vegetation The actively grazed fields on the Site are dominated by pasture grasses such as fescue (Festuca spp.) with scattered trees along top of bank. Mature canopy species within forested areas along Perry Branch Reach 1 and 2, UT2, and UT3 primarily include shagbark hickory (Carya ovata), sugarberry (Celtis laevigata), green ash (Fraxinus pennsylvanica), eastern red cedar (Juniperus virginiana), and sweetgum (Liquidambar styraciflua). Shrub species are sparse and primarily consist of American hornbeam (Carpinus caroliniana), multiflora rose (Rosa multiflora), and Chinese privet (Ligustrum sinense). In addition to pasture grasses, the herbaceous layer in these areas include New York ironweed (Vernonia noveboracensis), false nettle Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 5 July 2020 (eoehmeria cylindrica), pokeweed (Phytolacca americans), dog fennel (Eupatorium capillifolium), pigweed (Amaranthus spp.), jimsonweed (Datura stramonium), knotweed (Persicaria spp.), and Japanese stilt grass (Microstegium spp.). Herbaceous species in wetter areas include common rush (Juncus effusus) and sedges (Carex spp.). 2.7 Site Constraints and Access The Site is accessible via two existing farm roads from Frank Perry Road. An overhead transmission line is located at the downstream extent of Perry Branch (Figure 2). The proposed easement abuts the existing overhead utility easement. Two internal easement culvert crossings are proposed to support on -going farming activities. Streams and buffered areas are excluded from credit computations within these internal crossings (Figure 6). Larry F Warren Field, a small private turf airport is located approximately 2 miles southwest of the project site (Figure 1). There are no other known constraints on or adjacent to the proposed Site. 2.8 Current Site Resources On February 25, 2019, DWR conducted on -site determinations to review features and land use within the project boundary. The resulting DWR stream determination and site viability letters confirming the Site as suitable for riparian buffer mitigation are enclosed in Appendix 1b. Email correspondence with Katie Merritt and a letter from David McKee, the farmer that leases land within the proposed project, attesting to livestock access prior to the effective date of the rule (1997) are enclosed in Appendix 1b. 2.9 Historic Site Resources Silviculture and agriculture activities are the predominate historic (and current) activities at the Site. Historic aerial photos, which are included in Appendix 3 of the Perry Hill Stream Mitigation Plan, date back to 1938 and show the Site in various stages of timber succession and harvesting, row crop production, and open pasture. In general, this area has maintained its rural, farming character over the last 81 years with only minor changes in land cover. 3.0 Site Protection Instrument 3.1 Site Protection Instruments Summary Information The land required for riparian buffer planting, management, and stewardship of the mitigation project includes portions of the parcel listed in Table 5. An option agreement for the project area has been signed by the property owners and a Memorandum of Option has been recorded at the Orange County Register of Deeds. The proposed conservation easement on this property has not yet been recorded. Table 5: Site Protection Instrument Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage to be Protected Evelyn J. Perry, Judy Kadlac, Gene Kadlac, Mary C.P. 9865081397 Orange Conservation DB: 6513 26.877 Bishop and Hubert Easement PG: 42 Bishop 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. Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 6 July 2020 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 enclosed with the Perry Hill Stream Mitigation Plan, Appendix 6. Table 6: Project Attribute Table Regulatory Considerations Parameters Applicable? Resolved? Supporting Docs? Water of the United States Yes No Section 404 Permit Yes No Section 401 Permit Endangered Species Act Yes Yes Perry Hill Stream Mitigation Plan Appendix 6 (Categorical Exclusion) Historic Preservation Act Yes Yes Perry Hill Stream Mitigation Plan 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 1. PCN to be provided to DMS with the Final Mitigation Plan. 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 Orange County, NC. The Orange County listed endangered species includes the dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhus michauxii), and smooth coneflower (Echinacea laevigata), all which are endangered, and the Atlantic pigtoe (Fusconaia masoni), which is listed as proposed threatened. A pedestrian survey conducted on August 14, 2018, indicated that the Site did not provide suitable habitat for the dwarf wedgemussel. The pedestrian survey did indicate that the site provides suitable habitat for the Atlantic pigtoe, smooth coneflower and Michaux's sumac but no species were identified on the site. Therefore, due to the absence of the listed species on the site, the project has been determined by Wildlands to have "no effect" on the smooth coneflower and Michaux's sumac. Perry Hill Mitigation Site is an active livestock farm leading to poor water quality, due to this and the absence of the Atlantic pigtoe on the site, the project has been determined to "may affect, but not likely to adversely affect" the Atlantic pigtoe. The project will have "no effect" on the dwarf wedgemussel due to the absence of suitable habitat. Per the United States Fish and Wildlife Service (USFWS) Raleigh Field Office standard, Wildlands submitted the Perry Hill Mitigation Site Self -Certification Letter. The Self -Certification Letter states, the USFWS does "concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; additional coordination with this office is not needed. USFWS had no additional comment during the thirty -day review period. All documents and correspondence submitted to the USFWS are included in the Appendix 6 of the Perry Hill Stream Mitigation Plan. Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 7 July 2020 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 in a letter dated February 18, 2019 and subsequently responded in a letter dated April 2, 2019 which stated there were no concerns or comments on the project site. The approved Categorical Exclusion for the project is located in Appendix 6 of the Perry Hill Stream Mitigation Plan. 4.3 FEMA Floodplain Compliance The project is illustrated on FEMA FIRM panel 3710986500J, effective February 2, 2007. The streams within the project limits are not located in a Special Flood Hazard Area or floodway. The Site is in a Zone X or 'other flood area' that is designated for streams with a drainage area of less than 1 square mile. No modeling or map revisions will be required. Wildlands will coordinate with Orange County to obtain a floodplain development permit, if necessary. 4.4 Other Environmental Issues An EDR Radius Map Report with Geocheck was ordered for the Site through Environmental Data Resources, Inc. on August 13, 2018. The target property and the adjacent properties are not listed in any of the Federal, State, or Tribal environmental databases searched by EDR. The EDR report identified a Lillie Warren's parcel, 0.471 miles away, in a listing of leaking aboveground storage tank site locations (LAST) and Incident Management Database (IMD). On March 23, 1991 roughly 100 gallons of heating oil was spilled at 2412 NC Highway 86, Hillsborough, NC 27278. The incident was reported and cleaned up on April 10, 1991, by excavating 30-40 cubic yards of contaminated soil. Based on its location outside of the Site, it was determined that there is no evidence of any "recognized environmental conditions" in connection with the target property. The Executive Summary of the EDR report and the specific Site Summary for Lillie Warren are included in Appendix 6 of the Perry Hill Stream Mitigation Plan. Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 8 July 2020 5.0 Determination of Credits The Site is a riparian restoration and enhancement site that will generate 878,894.828 square feet of riparian buffer credits (Tables 7a and 7b and Figure 6) that can serve Neuse 03020201, including the Falls Lake Watershed (Figure 10). DMS reserves the right to convert the riparian buffer credits to nutrient offset credits to service the Falls Lake Watershed. The mitigation credit calculation was derived based on Wildlands' conceptual design for maximum ecological uplift. The buffer zones and subject and non -subject stream designations are shown on Figure 7. The management objectives, mitigation type, and amount of buffer mitigation are presented below. Table 7a: Buffer Project Areas and Assets Neuse — Upper Falls Lake (03020201) Service Area 19.16394A 297.540996 Total Delivered Delivered Min -Max Initial Riparian (Creditable) o / Full Final Credit Convertible Convertible Nutrient Nutrient Credit Type Location Subject Feature Type Mitigation Activity Buffer Feature Name Total Area (sf) Credit Buffer Area of Buffer Credit Ratio (x:1) to Riparian to Nutrient Offset: N Offset: P Width (ft) Ratio (x:1) Credits Mitigation (sf) Buffer? Offset? (Ibs) * (Ibs) * Buffer Rural Yes I / P Restoration 0-100 Perry Branch 406,900 406,900 1 100% 1.00000 Yes 406,900.000 Yes 21,232.586 1,367.543 Buffer Rural Yes I / P Restoration 101-200 Perry Branch 26,502 26,502 1 33% 3.03030 Yes 8,745.669 Yes 1,382.910 89.070 Enhancement via Buffer Rural Yes I / P 0-100 Perry Branch 158,681 158,681 2 100% 2.00000 Yes 79,340.50 No — — Cattle Exclusion Enhancement via Buffer Rural Yes I / P 101-200 Perry Branch 1,867 1,867 2 33% 6.06061 Yes 308.055 No — — Cattle Exclusion Buffer Rural Yes I / P Restoration 0-100 UT1 94,359 94,359 1 100% 1.00000 Yes 94,359.000 Yes 4,923.779 317.129 Buffer Rural Yes I / P Restoration 101-200 UT1 2,204 2,204 1 33% 3.03030 Yes 727.321 Yes 115.008 7.407 Buffer Rural Yes I / P Restoration 0-100 UT2 58,504 58,504 1 100% 1.00000 Yes 58,504.000 Yes 3,052.817 196.625 Buffer Rural Yes I / P Restoration 101-200 UT2 1,039 1,039 1 33% 3.03030 Yes 342.870 Yes 54.216 3.492 Enhancement via Buffer Rural Yes I / P 0-100 UT2 125,169 125,169 2 100% 2.00000 Yes 62,584.500 No — — Cattle Exclusion Enhancement via Buffer Rural Yes I / P 101-200 UT2 24,819 24,819 2 33% 6.06061 Yes 4,095.132 No — — Cattle Exclusion Enhancement via Buffer Rural Yes I / P 0-100 UT3 37,209 37,209 2 100% 2.00000 Yes 18,604.500 No — — Cattle Exclusion Enhancement via Buffer Rural No I / P 101-200 UT3 26 26 2 33% 6.06061 Yes 4.290 No — — Cattle Exclusion Buffer Rural No Ephemeral Restoration 0-100 EC1 17,280 17,280 1 100% 1.00000 Yes 17,280.000 Yes 901.693 58.076 Buffer Rural No Ephemeral Restoration 101-200 EC1 299 299 1 33% 3.03030 Yes 98.670 Yes 15.602 1.005 Buffer Rural No Ephemeral Restoration 0-100 EC3 125,712 125,712 1 100% 1.00000 Yes 125,712.000 Yes 6,559.820 422.503 Buffer Rural No Ephemeral Restoration 101-200 EC3 3,904 3,904 1 33% 3.03030 Yes 1,288.321 Yes 203.716 13.121 Table 7b: Buffer Project Areas and Assets (Summary) TOTAL AREA OF BUFFER MITIGATION (TABM)** Mitigation Totals Square Feet Credits Restoration: 736,703 713,957.851 Enhancement: 347,771 164, 936.977 Preservation: 0 0.000 Total Riparian Buffer: 1,084,474 1 878,894.828 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: 0 0.000 Phosphorus: 0.000 Note A: Nitrogen Nutrient Offset Credit Ratio (sf/credit); Note B: Phosphorus Nutrient Offset Credit Ratio (sf/credit). *Per the Site Viability for Buffer Mitigation and Nutrient Offset Letter, certain project reaches were deemed viable by DWR for nutrient offset credit. The nutrient offset viable areas are depicted in Figure 9 and their associated potential nutrient offset credits are listed in Table 7a. These areas have a minimum easement width of 50 feet from the top of bank and these areas will be restored. While nutrient offset credits are not being requested at this time, these areas may be converted to nutrient offset credits by DMS at a later date. **15A NCAC 02B 0295 (o)(7) - Ephemeral Reaches are 14% of the Total Buffer Mitigation Area Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 9 July 2020 6.0 Mitigation Work Plan Wildlands proposes to restore high quality ecological function to Perry Branch and three unnamed tributaries, and two ephemeral channels. Plan Sheets illustrating the stream mitigation activities at the Site are enclosed with the Perry Hill Stream Mitigation Plan, Appendix 8. The ecological uplift can be summarized as transforming agriculturally impacted areas to a protected forested riparian corridor. All riparian mitigation activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration and enhancement via livestock exclusion is being performed may be altered slightly depending on the implementation of the Perry Hill Stream Mitigation Plan. Planting and fencing will happen in conjunction with the Perry Hill II Nutrient Offset and Buffer Mitigation Bank. Figure 6 depicts the conceptual approach for the riparian areas. More detailed descriptions of the proposed riparian buffer mitigation activities follow in Sections 6.1 through 6.3. 6.1 Parcel Preparation No additional permits are necessary besides 401/404 authorization for the stream mitigation work. The current land use is agricultural adjacent to the streams proposed for riparian restoration. Undesirable growth and invasive species within the areas that will not be graded, but are slated for riparian restoration, will be subject to select chemical or mechanical treatment. The remaining area within the proposed easement will be graded in accordance with the Interagency Review Team (IRT) approved stream mitigation plan. The restoration and enhancement areas will be planted via hand labor with dibble bars or other acceptable forestry practices. Prior to planting, invasive species will be chemically and mechanically treated within the proposed easement area. Wildlands collected and analyzed soils samples to develop a site preparation plan. Wildlands noted compacted soils at the site and will implement ripping or disking prior to planting to reduce soil compaction in the planted areas. Soil compaction will be disrupted (disked or ripped) to a depth of 18" or more along haul roads and to a depth of at least 12" for wetland and other planted areas. Wildlands will apply soil amendments (i.e., an organic plant food and root growth promoter, phosphate, and soil microbes to promote soil health) to planted areas based on soil testing results. Wildlands will also implement topsoil harvesting (harvesting the top 8" of soil) and re -use practices. Topsoil harvesting will be limited to disturbed areas and will not extend into undisturbed riparian areas. Undisturbed areas within the existing pasture and proposed easement will be chemically treated with glyphosate to reduce competition on planted stems. Treated areas will be seeded with temporary and permanent seed mixes. Fescue treatment is introduced in subsequent sections of this report. 6.2 Riparian Area Restoration Activities The revegetation plan for the riparian buffer restoration area will include permanent seeding, planting bare root trees, live stakes, and herbaceous plugs. These revegetation efforts will be coupled with ongoing maintenance and treatment of invasive species. 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 parcel, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Additionally, pollinator species were included within the permanent seed mixes. Tree species planted across the riparian areas of the Site will include a mixture of the following species: American sycamore (Platanus occidentalis), river birch (eetula nigra), willow oak (Quercus phellos), eastern cottonwood (Populus deltoids), black willow (Salix nigra), silky willow (Salix sericea), elderberry (Sambucus canadensis), buttonbush (Cephalanthus occidentalis), silky dogwood (Cornus amomum), overcup oak (Quercus lyrata), swamp chestnut oak (Quercus michauxii), southern red oak (Quercus falcata), northern red oak (Quercus rubra), white oak (Quercus alba), winged elm (Ulmus Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 10 July 2020 alata), sourwood (Oxydendrum arboreum), southern sugar maple (Acerfloridanum), American elm (Ulmus americana), pawpaw (Asimina triloba), persimmon (Diospyros virginiana), arrowwood viburnum (Viburnum dentatum), boxelder (Acer negundo), black gum (Nyssa sylvatica), flowering dogwood (Cornus floridus), sugarberry (Celtis laegivata), American beech (Fagus grandifolia), ironwood (Carpinus caroliniana), possumhaw viburnum (Viburnum nudum), blackhaw viburnum (Viburnum prunifolium), and strawberry bush (Euonymus americanus). Section 4 of the Plan Sheets illustrate the planting activities at the Site and are enclosed with the Perry Hill Stream Mitigation Plan, Appendix 8. Trees will be planted at a density to meet the performance standards of 260 trees per acre at the completion of monitoring. 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. Planting is proposed for January 2021. Vegetation planting and replanting should be conducted between November 15 and March 15, unless otherwise noted in the approved Mitigation Plan or remedial action plan. 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. Wildlands will implement two approaches to manage fescue at the Site. Both approaches are designed to mitigate the adverse effects of fescue (i.e., direct competition and allelopathic impacts) on planted vegetation. The first approach consists of chemically treating select areas immediately adjacent to planted trees. A second treatment may be required at the beginning of year two based on fescue re- establishment and tree growth. The second approach entails a chemical application over a broader area that is designed to eradicate fescue in those areas not graded during construction. Following the chemical treatment, temporary and permanent vegetation will be established. Wildlands will develop necessary adaptive measures or implement appropriate remedial actions in the event that other invasive species are preventing the establishment of the targeted vegetative communities. 6.3 Riparian Area Enhancement via Livestock Exclusion Activities Permanent boundary fencing will exclude livestock from the riparian buffer enhancement areas as outlined in Rule 15A NCAC 02B .0295(o)(6) (Figure 6 and 8). The enhancement via livestock exclusion area will be protected in perpetuity under a conservation easement. Planting within the enhancement areas will be limited to severely degraded forested areas that currently exhibit low woody vegetation (stem) densities. A seed mix will be applied where livestock have created bare soil and sufficient sunlight is available to support the species in the seed mix. Planting and fencing will happen in conjunction with the Perry Hill II Nutrient Offset and Buffer Mitigation Bank. Section 5 of the Plan Sheets illustrate the fencing plans at the Site and are enclosed with the Perry Hill Stream Mitigation Plan, Appendix 8. 7.0 Performance Standards The performance criteria for the Site follows approved performance criteria presented in the guidance documents outlined in RFP 16-007576 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 constructed and planted project. This riparian buffer project has been assigned specific performance criteria components for vegetation. Performance criteria will be evaluated throughout the five-year post -construction monitoring period. An outline of the performance criteria components follows. 7.1 Vegetation The final vegetative success criteria will be the health, survival, and density of at least 260 stems per acre at the end of the fifth year of monitoring, with a minimum of four native hardwood tree or shrub species Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 11 July 2020 composition and no one species comprises more than 50 percent of stems. Vigor, species composition, height, and density will all be assessed. The extent of invasive species coverage will also be monitored and controlled as necessary throughout the required monitoring period. Wildlands plans to control fescue during the construction and planting activities. Wildlands will continue to monitor impacts of fescue on the targeted plant communities at the Site during the monitoring period. In the event fescue is preventing the establishment of the targeted plant community, Wildlands will prescribe a specific remedial plan of action. 7.2 Visual Assessments Visual assessments, which will include reference photos, 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 with be re-evaluated during each subsequent visual assessment. Should remedial actions be required, recommendations will be provided in the annual monitoring report. To ensure compliance with 0295 (0) (6): A visual assessment of the livestock exclusion areas within the conservation easement will also be performed each year to confirm: • Fencing is in good condition throughout the Site; no livestock access within the conservation easement area; no encroachment has occurred; diffuse flow is being maintained in the conservation easement area; and there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the riparian buffer. • Any issues identified during the visual assessments will be photographed and mapped as part of the annual monitoring report with remedial efforts proposed or documented. 7.3 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. 7.4 Maintenance and Contingency Plans Wildlands 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. Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 12 July 2020 8.1 Monitoring Components Project monitoring components are listed in Table 8 and illustrated in Figure 8. 8.2 Vegetation Vegetation monitoring quadrants will be installed across the Site to measure the survival of the planted trees (Figure 8). The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed, and will be reassessed annually no earlier than the Fall of each year. Species composition, density, height, and survival rates will be evaluated on an annual basis by plot and for the entire site. The number of monitoring quadrants required and frequency of monitoring will be based on the DMS monitoring guidance documents. Vegetation monitoring will follow the CVS-EEP Protocol for Recording Vegetation (2008) or another DMS approved protocol. Planted stems will be flagged. Reference photographs of the vegetation plots and Site will be taken during the annual vegetation assessments. 8.3 Visual Assessment and Photo Documentation 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). Visual assessments will include documenting the condition of livestock exclusion fencing and that no livestock are accessing the conservation easement area. Additionally, Unmanned Aerial Vehicle (UAV) photographs will be taken within the project area once a year to visually document vegetation growth for five years following construction. Table 8: Monitoring Components Parameter Monitoring Feature Quantity Frequency Vegetation CVS Level 2 14 Annual Visual Assessment Yes Semi -Annual Exotic and Nuisance Vegetation Yes Semi -Annual Project Boundary Yes Semi -Annual Reference Photos UAV Photographs Yes Annual 9.0 Long -Term Management Plan The Site will be transferred to the North Carolina Department of Environmental Quality (NCDEQ) Stewardship Program. This party shall serve as conservation easement holder and long-term steward for the property and will conduct inspection of the Site at least twice per year (semi-annual basis) to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship Program is developing an endowment system within the non -reverting, interest -bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statue GS 113A-232(d)(3). Interest gained by the endowment fund may be used for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The Stewardship Program will periodically install signage, to identify boundary markings, as needed. No livestock, fencing, or internal crossing changes are currently present or planned by the landowner for the project area. Any future livestock or associated fencing or permanent crossings will be the responsibility the owner of the underlying fee to maintain. Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 13 July 2020 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 issues if necessary. If, during annual monitoring it is determined the Site's ability to achieve Site performance standards are jeopardized, Wildlands will notify the DMS/NCDWR to develop contingency plans and remedial actions. Wildlands 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). Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 14 July 2020 11.0 References Giese, G.I and Robert R. Mason Jr. 1993. Low -Flow Characteristics of Streams in North Carolina. U.S. Geological Survey Water Supply Paper 2403. Rogers, John J.W., 2006. The Carolina Slate Belt. In Steponaitis, V.P., Irwin, J.D., McReynolds, T.E., and Moore, C.R. (Ed.), Stone Quarries and Sourcing in the Carolina Slate Belt (pp. 10 — 15). Retrieved from http://rla.unc.edu/Publications/pdf/ResRep25/Ch2.pdf Natural Resources Conservation Service (NRCS). Web Soil Survey of Orange County. http://websoilsurvey.nres.usda.gov/app/HomePage.htm North Carolina Division of Environment and Natural Resources (NCDENR), 2009. Neuse River Basinwide Water Quality Plan. Raleigh, NC. North Carolina Division of Mitigation Services (DMS), June 2017. Annual Monitoring Report Template. Raleigh, NC. 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 1:500,00, in color. North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database, Orange County, NC. United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Orange County, NC. https://www.fws.gov/raleigh/species/cntylist/orange.html Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 15 July 2020 Cedar G ' ,per, - 1,a�� C) + +�((` �, ,%• 4S e$� r s Dins: Traveling West of 1-40W/1-85S from Raleigh/Durham, follow 1-40W/1-85S _4 a, mod. o� to exit 161 for US-70 Connector N. Take a right at the bottom of the ramp and continue Haf15 Mill Rd onto US-70E (1.0 mile) via US-70 Connector N. Continue on US-70E (1.9 miles) before taking a left onto Faucette Mill Rd. Continue (1.9 miles) and take a sight right onto Frank Perry Road. ' Destination will be on right (0.5 miles). n r Rd FoX rn tf,pr �lurk�: F CvZ ,� a , rs ^ gt ¢ Gpi� eliva' -y y� Efland m 7C' Sow*rn Dr Hillsborough Uti Krng 5t 0/ 44 85 n q� ton Rcf Occ�oneechee hlounuin 857 .'J sly r V �c 0 Project Location u , Conservation Easement Boundary Figure 1 Vicinity Map kv,WILDLANDS 0 0.5 1 2 Miles Perry Hill Mitigation Site E N G I N E E R I N G I I I I I Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC Jk ;;� 4A`r '� Af � .1' DWR Ephemeral Point Wetland O Wetland L -+ r DWR Intermittent Point DWR E/I Point y. Wetland M Wetland N/ Will. J UVetIan k Drainage Conveyance B Wetla'n,dAWAW DWR Ephemeral Point ♦ �� ,' ♦ ►�F DWR E/I Point ♦/ %,,,WILDLANDS 0 175 350 700 Feet ENGINEERING I I I I I Wetland B \ / Wetland A [• :4f. u 1 Project Location r Conservation Easement Boundary rY _ Existing Wetland Perennial Project Stream Intermittent Project Stream Ephemeral Channel Non -Project Stream f Surveyed Treeline Topographic Contours (4') Existing Utility Line Alignment C, Existing Utility Pole Figure 2 Site Map Perry Hill Mitigation Site Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC X r , i I s tii( F ¢ ��u # • . ,fib ' - ' � ���� em OEM s ■■■■ NONE AMEN IN 0 MEN ■■■ R`. Add of . h> I II ei � a 4f � Project Location Conservation Easement Boundary '•� UT1 Watershed UT2 Watershed ., UT3 Watershed �a Ephemeral Channel Watershed Perennial Project Stream Intermittent Project Stream Ephemeral Channel Non -Project Stream 4' Topographic Contours 0 300 600 1,200 Feet Oft,WILDLANDS ENGINEERING I I I I I Figure 3 Watershed Map Perry Hill Mitigation Site Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC 11 i f 4 Efland & Hillsborough, USGS 7.5 minute topographic quadrangles ■ a i sd ss o Project Location Conservation Easement Boundary Figure 4 USGS Topographic Map *V,WILDLANDS 0 300 600 1,200 Feet Perry Hill Mitigation Site E N G I N E E R I N G I I I I I Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC ?? •• •• ••} avY:ay..... }M1 Ir•••1 rr_i•wv-r} 1 ' N.' i r s' rsg;..a• ' /�•d�• v{.• p •5.rr as r. •x.v a ` a+y e • . - �. � l�• { �Jaf r •• �•ti004} � : .�•v a}4 :5.: {. ••�i r{${ .}}$�' �� ti •}ice :: vr• i2+tiM1 :: ' ON .a f • {• frr� Y :•{{ 77CC5C rl.. h{„v,'::::" 1. ,'d:• '^� 4}i . :: r:jv±cc.o-r{ {.:i�••:::,�da: lro7s,':. :::::.c ::s{.:: Project Location 1977 Soil Survey of Orange County _ Conservation Easement Boundary Figure 5 NRCS 1977 Soils Map ft,,,WILDLANDS 0 300 600 1,200 Feet Perry Hill Mitigation Site E N G I N E E R I N G I I I I I Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC Figure 6 Credit Calculations Map im-.,WILDLANDS 0 175 350 700 Feet Perry Hill Mitigation Site E N G IN EER ING I I I I I Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC I E9i a: b sky •N / rely(- ••` z.. 00000- 41. JI I � i aye!' AS y � � 000 Project Location I i Conservation Easement Boundary I 200 Foot from TOB I J 100 Foot from TOB 6L.• f SO Foot from TOB •�� � 1 � ,�. � � ' 30 Foot from TOB Buffer Rule Subject Stream r . #P•�, - - - Buffer Rule Non -Subject Stream �- Non -Project Stream • •• .• Figure 7 Riparian Buffer Zones Map P.WWILDLANDS 0 175 350 700 Feet Perry Hill Mitigation Site E N G I N E E R I N G I�I�I Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC ❑ ` 0 �� II ► ❑ 1 IJ OKI `. ❑ 'APO J•�... .._s� 1 I / El Y n« El ♦ ♦,� �/" . ' Project Location ` ,�`� j♦ A j�� /� £ . __� Conservation Easement Boundary ♦ ❑ Internal Easement Crossing ♦ {ter Proposed Buffer Vegetation Plots 11 Buffer Restoration 1 j ❑¢ A / r Buffer Enhancement via Livestock Exclusion // ♦� No Buffer Credit 00 ♦ ❑' �� Perennial Project Stream Intermittent Project Stream Headwater Conveyance Ephemeral Channel Non -Project Stream M = M Proposed Fencing WW I L D L A N D 5 0 175 350 700 Feet ENGINEERING I I I I I 41 Figure 8 Buffer Monitoring Map Perry Hill Mitigation Site Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC i4, a I / n � Project Location -, ' __j Proposed Conservation Easement Buffer area convertible for Nutrient Offset Credit /k; r f �g4P Buffer area not convertible for Nutrient Offset Credit 200 Foot Buffer Width 100 Foot Buffer Width �p 50 Foot Buffer Width ' 1 � Perennial Project Stream 1 Intermittent Project Stream Headwater Conveyance Ephemeral Channel . Non -Project Stream Figure 9 Nutrient Offset Zones Map %,,,WILDLANDS 0 175 350 700 Feet Perry Hill Mitigation Site E N G I N E E R I N G I I I I I Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC sat, 1 1 j Yanceyville diI �: .,� S ri,Kha•• ''-I I j Perry Hill Mitigation Site sapo�i ��ha y� en lab j r / Louisburg j Falls Lake Watershed " =1 j� 1 Flake Fc•rest •` rl I. ill • '— Carr I(iwghldala - ��• i H%661 �'3020201 ,•• / Ap A. ...i 0 1 Garnet �/• aye: l� �� prings - 8e=sor $ / Claytofl Angra Sm IN Iiield n.; %• x zaln _anf ord �• 3arp Park o C.•e.: ; Buie- � 1 !� Llllir oil Creak Coals ��` /• �b`JR Frwm .. rr 'L• �•�„ Jtr' A,� L�t�e '�� � ..�nl o-au �r •1y .�•. , •�. � � ilei '�Cnng Lake Fort Bragg J fill.: yService Area Nutrient Offset Credits \ 2z3rr C° Service Area Riparian Buffer Credits •4 Hope kLlls �••--•j County Boundaries Figure 10 Service Area Map W I L, D L, A N D S 0 6 12 24 Miles Perry Hill Mitigation Site E N G I N E E R I N G I I I I I Riparian Buffer Mitigation Plan ktwr Neuse River Basin (03020201) Orange County, NC APPENDIX 1a Photo Log Site Map W I L D L A N D 5 0 175 350 700 Feet Perry Hill Mitigation Site WV E N G I N E E R I N G I I I I I Riparian Buffer Mitigation Plan Neuse River Basin (03020201) Orange County, NC Photo Point 1— Northwest View (0310312020) 1 Photo Point 2 — Northeast View (0310312020) 1 Photo Point 3 — Northeast View (0310312020) 1 Photo Point 4 — Northeast View (0310312020) 1 Photo Point 5 — Southwest View (0310312020) 1 Photo Point 6 — Northeast View (0310312020) 1 Photo Point 7 — Northeast View (0310312020) I Photo Point 8 — Northeast View (0310312020) W Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 1 July 2020 Photo Point 9 — South View (0310312020) 1 Photo Point 10 — Southwest View (0310312020) 1 Photo Point 12 — South View (0310312020) Photo Point 13 — Southeast View (0310312020) 1 Photo Point 14 — Downward View (0310312020) 1 Photo Point 15 — Northwest View (0310312020) I Photo Point 16 — Northwest View (0310312020) WPerry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 2 July 2020 Photo Point 17 Southeast View (0310312020) Photo Point 18 — Southeast View (0310312020) Photo Point 19 — Southeast View (0310312020) Photo Point 20 — South View (0310312020) Perry Hill Mitigation Site Riparian Buffer Mitigation Plan DMS ID No. 100093 Page 3 July 2020 APPENDIX 1b ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality April 15, 2019 John Hutton DWR Project # 2019-0157v2 Wildlands Engineering, Inc Orange County 1430 S. Mint St., Suite 104 Charlotte, NC 28203 Subject: On -Site Stream Evaluation and Determination for Applicability to the Neuse Riparian Buffer Rules (15A NCAC 02B .0233) and Water Quality Standards Project Name: Perry Hill Site Address/Location: 2623 Frank Perry Rd ParcellD's: N/A Streams Evaluated: UTs to Eno River Field Date: February 26, 2019 DWR Staff: Katie Merritt Determination Type: I Buffer: I Stream: I ® Neuse (15A NCAC 02B .0233) ® Ephemeral/Intermittent/Perennial ❑ Tar -Pamlico (15A NCAC 02B .0259) Determination (where local buffer ❑ Catawba (15A NCAC 02B .0243) ordinances apply) ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B .0250) ❑ Goose Creek (15A NCAC 02B .0605-.0608) See the following table and written explanation regarding the stream determinations. Nor+n� cnr+ouran �� o.pum.Mar�wnro.rer� /''� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.70Z9000 Wildlands Engineering, Inc , Neuse River Riparian Buffer/Stream Determination DWR Project #2019-0157v2 Page 2 of 3 Feature V Feature Not Subject Start@ Stop @ Soil USGS Type' Subject Survey Topo Perry Branch P X Easement Throughout X X Boundary EC1 E X Culvert UT1 X UT1 I X DWR Flag Perry Branch X UT2 I X DWR Flag Perry Branch (headcut below wetland) EC3 E X DWR flag UT3 UT3 I X Woodline @ Perry Branch crossing A Off-line pond I X I See map B Drainage N/A N/A See map conveyance 1 See maps provided showing labeled features 2 Ephemeral (E), Intermittent (I), Perennial (P), Ditch (D) The Division of Water Resources (DWR) received a Request from Wildlands Engineering, Inc. (Wildlands) for a Stream Buffer Applicability Determination for a potential mitigation site at the location described above. A Landowner Authorization Form was provided by Wildlands for the subject site. On February 26, 2019, DWR staff, along with staff from Wildlands and Division of Mitigation Services conducted a site visit. DWR determined that two (2) features on the site, Perry Branch and one Unnamed Tributary to Perry Branch (UT1) are both streams and are subject to the Neuse River Riparian Buffer Rules and are both located on the most recently published NRCS Soil Survey of Guilford County, North Carolina. There are two (2) other Unnamed Tributaries to Perry Branch, UT2 and UT3, that were determined to be at least intermittent but not subject to the Neuse River Riparian Buffer Rules. There may be other streams or features located on the properties and on the included maps that may be subject to the buffer rules or may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made bythe DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): c/o Karen Higgins DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 Wildlands Engineering, Inc Neuse River Riparian Buffer/Stream Determination DWR Project #2019-0157v2 Page 3 of 3 clo Karen Higgins DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Katie Merritt at (919) 707-3637. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map, Topo, Orange County Soil Survey cc: 401 & Buffer Permitting Branch file copy RRO via email- Stephanie Goss Evelyn Perry, Judy Kadlac, Mary 'Bishop - PO Box 178, Hillsborough, NC 27278 Filename: 2019-0157v2 PerryHillStreamCall(Orange) S� �� '�. w� • xv � /s v Etc py ++Fj�, Project Location " O ls, 't �rF�ty r - - Proposed Conservation Easement 1�4#0 011 VX 41 c 1C �`yl��� ry�,��..�,{f�n ♦ �. d� g r y.'44'� ..,�,. ,57."/yj�: F- tO t K �� � �•� I ait � �.1FC11i71J '� � ' n' Z r. ��� � � -pia V�•6�,I._ � �f�." W. ' ♦ ,, GZjLila ;r 4 qls.**�Wl LANDS E N G I N E E R I N G Reach Name % Incision % Erosion Stream Restoration Perry Branch Reach 2 67% 81% UT1 68% 89% Subtotal 67% 83% Stream Enhancement I Perry Branch Reach 1 21% 67% UT2 Reach 2 54% 75% Subtotal 38% 72% Ifteam Enhancement II Perry Branch Reach 3 45% 58% UT2 Reach 1 76% 76% UT3 63% 1005/0 Subtotal 55 / 70% Site Total 55% 76% Site Map 0 250 500 Feet Perry Hill Mitigation Site l I I I I Neuse River Basin (03020201) Orange County, NC 4 r • V "ram z `< Efland USGS 7.5 Minute Topographical Quadrangle W I L D L A N D S 0 250 500 Feet ENGINEERING G t I i� 0 f.. QProject Location Proposed Conservation Easement USGS Site Topographic Map Perry Hill Mitigation Site Neuse River Basin (03020201) Orange County, NC ,�gW I L D L A N D S 0 250 500 Feet ,ENGINEERING I I I I c p\ NRCS 1977 Soils Map Perry Hill Mitigation Site Neuse River Basin (03020201) Orange County, NC ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality April 16, 2019 John Hutton DWR# 2019-0157 Wildlands Engineering, Inc Orange County 1430 S. Mint St., Suite 104 Charlotte, NC 28203 (via electronic mail: jhutton(a-)wildlandseng.com) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Perry Hill Site Located near 2623 Frank Perry Rd, Hillsborough Neuse 03020201 Dear Mr. Hutton, On February 25, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from Wildlands Engineering, Inc. (Wildlands) for an onsite mitigation determination near the above -referenced site (Site). The Site is located within the Upper Falls Lake Watershed of the Neuse River Basin in the 8-digit Hydrologic Unit Code. The Site is being proposed as part of a full -delivery nutrient offset, stream and riparian buffer mitigation project for the Division of Mitigation Services (RFP #16-007576). Members of the Interagency Review Team (IRT) and Division of Mitigation Services were also present onsite. At your request, on February 26, 2019, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams onsite, which are shown on the attached map labeled "Concept Map". Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification t ubject to Riparian Land uses adjacent to Feature Buffer Credit 2Nutrient Mitigation Type Determination onsite Offset Win riparian areas Buffer 0-200' Viable Viable at Rule 2,273.02 Ibs-N ner acre EC1 Ephemeral No Non -forested pasture grazed 'Yes Yes Restoration Site per 15A NCAC 02B (see map) by cattle .0295 (o)(7) Must submit supporting documentation of additional requirements under.0295 (o)(7) to be viable for buffer mitigation. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Perry Hill Site Wildlands Engineering, Inc. April 16, 2019 Feature Classification 'Subject Riparian Land uses Buffer 2Nutrient Mitigation Type Determination onsite Offset w/in riparian areas to adjacent to Feature Credit Buffer 0-200' Viable Viable at 2,273.02 Rule Ibs-N per acre UTl Stream Yes Non -forested pasture grazed Yes Yes Restoration Site per 15A NCAC 02B by cattle .0295 (n) Perry Stream Yes Combination of forested & 3,4Yes Yes (non- Non -forested areas - Restoration Branch non -forested pasture grazed forested Site per 15A NCAC 02B .0295 (n) by cattle areas only) Forested areas - Enhancement Site per 15A NCAC 02B .0295 (o)(6) if fence is installed or Preservation Site per 15A NCAC 02B .0295 (o)(5) if fence isn't installed. UT2 Intermittent No Combination of forested & 3,4Yes Yes (non- Non -forested areas - Restoration @ DWR flag non -forested pasture grazed forested Site per 15A NCAC 02B .0295 (o)(3) by cattle areas only) Forested areas - Enhancement Site per 15A NCAC 02B .0295 (o)(6) if fence is installed or Preservation Site per 15A NCAC 02B .0295 (o)(4) if fence isn't installed. EC3 Ephemeral No Non -forested pasture grazed 'Yes Yes Restoration Site per 15A NCAC 02B (see map) by cattle .0295 (o)(7) Must submit supporting documentation of additional requirements under.0295 (0)(7) to be viable for buffer mitigation. UT3 Intermittent No forested pasture grazed by 3,4Yes No Forested areas - Enhancement Site @ crossing & cattle per 15A NCAC 02B .0295 (o)(6) if woodline fence is installed or Preservation Site per 15A NCAC 02B .0295 (o)(4) if fence isn't installed. A Off-line pond No Non -forested pasture No No N/A Page 2 of 4 Perry Hill Site Wildlands Engineering, Inc. April 16, 2019 Feature Classification 'Subject Riparian Land uses Buffer 2Nutrient Mitigation Type Determination onsite adjacent to Feature w1in riparian areas to Credit Offset 0-200' Buffer Viable Viable at Rule 2,273.02 lbs-N per acre B Drainage No Non -forested pasture No Yes Restoration Site per 15A NCAC 02B conveyance .0295 (n) 'Subjectivity calls for the features were determined by DWR in correspondence dated April 15, 2019 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . z NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 4The area described as an Enhancement Site was assessed and determined to comply with all 15A NCAC 02B .0295(o)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. 5The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). The maps attached to this letter were prepared by Wildlands and were initialed by Ms. Merritt on April 15, 2019 and April 16, 2019. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. Page 3 of 4 Perry Hill Site Wildlands Engineering, Inc. April 16, 2019 This viability assessment will expire on April 16, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. KAH/kn Attachments: Concept Map, Site map cc: File Copy (Katie Merritt) Sincerely, 61�� 11" Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 4 of 4 Imo`. s F I if 20 '- ♦ V•�.. % % t F` a • z %OWL • j,� . � • 'fit (� ♦ as ♦ O R , 001 Reach 2 AP • ® Project Location - - Proposed Conservation Easement 100' Proposed Internal Crossing Proposed Buffer Restoration Proposed Buffer Enhancement (via Cattle Exclusion) 4w O ► WILDLANDS E N G I N E E R I N G `0 +"r Utility Pole 0 250 500 Feet t I I I I �O 01 Riparian Buffer Concept Map Perry Hill Mitigation Site Neuse River Basin (03020201) Orange County, NC J� QProject Location - Proposed Conservation Easement Off. E � +�� �'�_�..� • • ��,' a�a \411 + ' s • W ° {j + ? +� Reach Name % Incision % Erosion a ;�+♦� - ,' Stream Restoration Perry Branch Reach 2 61% 81% i Ai UT1 680/6 89% f ' . *.4e Subtotal 67% 83% a I' . ,+ Stream Enhancement l Perry Branch Reach 1 21% 67% UT2 Reach 2 -5491.1 75% Subtotal 38% 72% AlfWeam Enhancement 11 s_ } Perry Branch Reach 3 45% 58% UT2 Reach 1 76% 76% -` UT3 63% 1000/0 Subtotal 55% 70% Site Total W I L D L A N D S 0 250 500 Feet Site Map E N G I N E E R I N G I i I Perry Hill Mitigation Site Neuse River Basin (03020201) Orange County, NC Attestation from David McKee, the farmer who leases land that is part of Perry Hill Mitigation Project I attest that cattle had access to the land shown on Katie Merritt's email in July, 1997. Sincerely, David McKee f� Signed 3/15/19 Daniel Johnson From: Chris Roessler Sent: Thursday, April 2, 2020 1:35 PM To: Daniel Johnson Cc: Andrea Eckardt Subject: FW: [External] FW: Cattle Exclusion assessment -Perry Hill -need more info Attachments: attestation_DavidMcKee_15March2019.pdf How bout this? Chris Roessler I Senior Scientist/ProjectManager 0: 919.851.9986, x 111 M: 919.624.0905 Wildlands Engineering, Inc. 312 W. Millbrook Rd, Suite 225 Raleigh, NC 27609 From: Merritt, Katie <katie.merritt@ncdenr.gov> Sent: Monday, April 15, 2019 1:50 PM To: Chris Roessler <croessler@wildlandseng.com> Cc: John Hutton <jhutton@wild landseng.com> Subject: FW: [External] FW: Cattle Exclusion assessment -Perry Hill -need more info Hey Chris, Based on Mr. Mckee's letter and other site factors I observed during my site visit on February 26, 2019, 1 will support that cattle had access to the areas circled in the picture below. Therefore, based on this assessment, would you like to provide a revised map for me to use for the Site Viability letter? Thus, showing the Preservation area (green) as cattle exclusion for Enhancement? If so, let me know. 1 41 i Perry era pig Lug 911115eacnrgi 40, r # 4F r � From: Chris Roessler <croessler@wildlandseng.com> Sent: Monday, March 18, 2019 7:32 AM To: Merritt, Katie <katie.merritt@ncdenr.gov> Cc: John Hutton <0hutton@wild landseng.com> Subject: [External] FW: Cattle Exclusion assessment -Perry Hill -need more info External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Hi Katie-> I showed David McKee your email and the map below and he was sure there were cows in those areas in July 1997. He signed the attached to attest to this. Let me know if you need anything else. Thanks, Chris Chris Roessler I Senior Scientist/ProjectManager 0: 919.851.9986, x 111 M: 919.624.0905 Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 4 From: Merritt, Katie <katie.merritt@ncdenr.gov> Sent: Wednesday, March 6, 2019 2:37 PM To: John Hutton <jhutton@wild landseng.com>; Daniel Taylor <dtaylor@wildlandseng.com> Cc: Schaffer, Jeff <jeff.schaffer@ncdenr.gov> Subject: Cattle Exclusion assessment -Perry Hill -need more info Hey John, Below is a picture showing two forested areas hatched in black. Based on my onsite observations of these areas and my review of the historical photos I was able to dig up, I am not certain that these areas qualify under 15A NCAC 02B .0295 (o)(6) to receive Enhancement buffer credit at a 2:1 ratio. These areas did have cattle access during the time of our site visit. However, when looking at both historical aerials of these areas prior to the buffer protection rule as well as the presence of relic pasture fencing in and around the areas, it would appear the cattle were excluded from having access at some point and possibly prior to the effective date of the rule (1997). It isn't until approximately 2008 that cows are observed in the fields adjacent to EC3 and Reach 1 of Perry Branch shown highlighted in Yellow below. Unless Wildlands has anything more they can provide me to assist in this assessment to confirm w/o a doubt there were cows present in the forested areas prior to the effective buffer rule date, I'm going to issue the viability letter based on my Best Professional Judgement and show these areas as viable for Preservation buffer credit under 15A NCAC 02B .0295 (o)(4) which would yield a ratio of 5:1. I'd like to issue this letter by the 15' if at all possible, so please send me anything you have prior to then. If Wildlands agrees with the assessment of Preservation, then no information is required and the letter will be issued. IJT� Mach � Thank you, Katie 3 **please note my phone number has changed** Katie Merritt Nutrient Offset & Buffer Banking Coordinator 401 & Buffer Permitting Unit North Carolina Department of Environmental Quality Office: 919-707-3637 Work Cell: 919-500-0683 Website: http://porta1.ncdenr.org/web/wq/401bufferpermitting 512 N. Salisbury Street, Raleigh, NC 27620 1617 Mail Service Center. Raleiah. NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.