HomeMy WebLinkAbout20190239 Ver 2_BPDP for PN_20200922ID#* 20190239 Version* 2
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 06/23/2020
Mitigation Project Submittal - 6/22/2020
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r- Stream r Wetlands V Buffer V Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Andrea Eckardt
Project Information
.............................................................................................................................................................................
ID#:* 20190239
Existing IDI
Project Type: r DMS r Mitigation Bank
Project Name: Moccasin Creek Mitigation Site
County: Johnston
Document Information
Email Address:*
aeckardt@wildlandseng.com
Version:
*2
Existing Version
Mitigation Document Type:*
Mitigation Plans
File Upload: Moccasin Creek BPDP Updated with Comment
11.1MB
Response 6.22.2020.pdf
Rease upload only one RDFof the corrplete file that needs to be subrritted...
Signature
Print Name:* Andrea Eckardt
Signature:
WILDLANDS
ENGINEERING
June 22, 2020
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
North Carolina Department of Environmental Quality
512 N. Salisbury Street, Raleigh, NC 27620
RE: DWR Draft BPDP Comments
Moccasin Creek Mitigation Site (DWR # 2019-0239v2)
Johnston County, NC
Dear Ms. Merritt:
Wildlands Engineering, Inc. (Wildlands) has reviewed the Division of Water Resources (DWR) comments
dated May 13, 2020 for the Draft Bank Parcel Development Plan (BPDP) for the Moccasin Creek Mitigation
Site. Please note that the easement boundary was reduced by 0.2 acres from what was submitted in the
draft BPDP when one easement line was straightened near UT1 to improve monitoring and maintenance
of the easement. Easement acreage and credit totals have been adjusted accordingly. No other changes
to the Parcel boundary were made.
The DWR comments are listed below in bold, while Wildlands responses are noted in italics lettering.
Cover Page — Correct the project number to 2019-0239v2.
Correction has been made.
2. Appendix - Please provide a draft CE. I need to see that Wildlands has incorporated the
language noted in the Viability Letter. Since this site had many site constraints, some of the
issues need to be resolved up front, during the BPDP and MBI stage.
Draft language has been added incorporated into the conservation easement template and
included in the Appendix of the BPDP.
3. Section 1.0
a. Reference your MBI here and who the Bank Sponsor is. It should say that this project is
submitted for review under the Moccasin creek Mitigation Banking Instrument between
DWR and Wildlands Holdings III, LLC as the Bank Sponsor.
The correction has been made.
b. Add the nutrient offset rule reference to this paragraph. That rule is 15A NCAC 02B .0703.
The correction has been made.
4. Section 2.2 -You will need to show where the diffused flow memo was applied in Figure 7 and
in Table 8 unless you are filling the ditch, which I did not see being proposed.
Area where diffused flow memo is applied has been added to Table 8 and Figure 7.
5. Section 2.10
a. There are many utilities in such close proximity to this project. Therefore, you will
need to add details to this section with regards to who owns the utility easements
(sewer, power lines, etc). Wildlands will need to send the owners of these utilities a
Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203
WILDLANDS
ENGINEERING
letter informing them of the mitigation project and the abutting conservation
easement that will be immediately adjacent to their utility. DWR needs to see their
acknowledgment of the Wildlands letters. Once all documentation has been
provided, please add to the Appendix.
Wildlands has added additional ownership information about the utility lines adjacent to
the Parcel in Section 2.10 of the BPDP. Wildlands has also committed to providing a
copy of the conservation easement and plat to the utilities once they have been
recorded. DWR and UP2Sove will be cc'd on the communication with the utilities.
b. It would be best for the 30' power line to be relocated to the access easement. This
project is relatively small in linear footage to be encumbered by three easement
breaks.
Wildlands is unable to move the 30' power line without the cooperation of the adjacent
property owner and they have refused to cooperate or communicate with us any further.
c. Add a figure showing the pipeline relative to the project.
The pipeline figure has been added to the Appendix.
6. Section 4.1— Other than temporary seeding, no details specific to sediment and erosion
control measures are proposed. Please explain how stormwater runoff during a rain event
during site preparation, will be controlled such that sediment loss to the streams is prevented.
Because the existing land use for the site is agriculture, there will be minimal land disturbance
during planting of the project, additional control methods beyond seeding should not be
necessary.
7. Section 4.2 —
a. Provide a figure showing areas to be planted and/or seeded as part of Section 4.2.
Language has been added to the BPDP to better describe the area to be planted and
seeded.
b. Add a column titled Canopy/Subcanopy and identify which applies to each species
proposed for planting.
Column has been added with the canopy/subcanopy information.
c. Identify your seed mixes here. Planting a permanent seed mix that is abundant in
annual and perennial pollinator species is strictly voluntary but is being encouraged by
DWR in other mitigation plans to promote diversity and enhance the health of the
herbaceous layer, which can also greatly benefit planted stems. Are any of the seed
mixes pollinator friendly?
The seed mix we use is pollinator friendly. Additional documentation has been added to
Section 4.2
8. Section 5.0 — Anywhere you have used "Success Criteria" please replace with "Performance
Standards" to comply with rule language.
The correction has been made throughout the section.
9. Section 5.2- With the presence of all the utilities near this project, DWR expectations of your
monitoring are higher. The risks of encroachment at this site are higher than with sites where
utilities are not present. Annual visits should be twice per year.
A robust easement marking plan was developed for the project and is included in Section 5.3 to
reduce the risk of encroachment. The utilities adjacent to the Parcel will be sent a copy of the
recorded easement and plat. Wildlands will check the easement boundary a minimum of two
times per year.
10. Section 5.3 —
Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203
WILDLANDS
ENGINEERING
a. Look at the viability letter and add language to this section that references the
proposed CE (reference where you added it in the Appendix and the unique language
that has been inserted in the CE to ensure that the 15' from TOB is addressed.
The requested language has been added to this section.
b. The CE boundaries are unique with this project. Between dealing with the drainage
district and the other utilities, the boundaries will be very important to make known
on site. Identify how Wildlands intends to mark the boundaries at this site within the
0-15' as well as the parts abutting the utility easements. DWR expects Wildlands to
have a specific and unique plan no marking the easement boundary on this site and
that plan needs to be spelled out here for DWR review.
A robust easement marking plan including has been developed for the Parcel and
included in Section 5.3.
11. Section 6.2 — As you know, having the long term steward assigned up front is the part of the
approval of this project to generate mitigation credits and there are some unique terms being
requested by DWR to put in the Easement. Therefore, as part of the review of the BPDP and
MBI, DWR needs Wildlands to identify who the long-term steward is anticipated to be. Please
provide some form of documentation from the steward that implies they intend to accept the
easement and its unique terms.
Unique Places to Save has agreed to be the long-term steward for the site. They have reviewed
the modified conservation easement and have written a letter agreeing to hold the easement.
The letter is included in the Appendix.
12. Section 7.0 —
a. Therefore, a total of ?? square feet is removed from the creditable area at the top of
Ditch A. The credits sought within 101-200' will only be used for nutrient offsets and
cannot be converted into buffer credits. See MBI. But will be within the conservation
easement boundary
A total of 4,350 square feet is proposed to be removed from the credits. That
information is now included in the report text and Table 8. The other specific language
edits were also made in Section 7.0.
13. Table 8 - Requested edits to Table 8
The two no credit areas, TOB-15' and the area where the diffuse flow memo was applied, are
included in the table.
14. Table 10 —
a. This schedule should match the MBI
Edit was made.
b. Combine Task 7 and 1
Edit was made.
c. Make this 25
Edit was made.
15. Figure 7
a. Add the widths of the riparian areas to the legend
Edit was made.
b. Mitigation
Edit was made.
c. This should be relocated to the access easement
Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203
kt�
WILDLANDS
ENGINEERING
Wildlands is unable to move the 30' power line without the cooperation of the adjacent
property owner and they have refused to cooperate or communicate with us any further.
d. Top of Bank —15'
Edit was made.
e. Identify these widths
Edit was made.
f. Is this also your access easement?
This is the access to the property on the North side of Moccasin Creek and also access to
the center of the Parcel.
g. Show the diffuse flow memo applied here
Edit was made.
16. Figure 9 —
a. Show the planted areas
Language was added to the text in Section 4.2 rather than the figure due to the scale of
the figure.
b. Plot Placement needs to consider the following while also remaining as random as
possible: Neuse Buffer Zone 1 (0-30', but outside 15% Neuse Buffer Zone 2 (31-50%
Other buffer crediting areas (within 51-100% Nutrient Offset Areas (101-200') Modify
your plot placement to ensure that the above "zones are represented by plots.
Vegetation plots have been adjusted per the instructions above.
17. MBI —
All DWR tracked changes in the Mel were accepted into the final document.
Enclosed please find one (1) hard copy of the updated BPBP and one (1) hard copy of the updated MBI.
Both documents have been uploaded to the Laserfiche system as well. Please contact me at 704-560-
2997 if you have any questions or concerns.
Sincerely,
Andrea S. Eckardt
Ecological Assessment Team Leader
aeckardt(@wildlandseniz.com
Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203
BANK PARCEL
DEVELOPMENT
PACKAGE
June 2020
MOCCASIN CREEK MITIGATION SITE
Johnston County, NC
DWR Project Number 2019-0239v2
Neuse River Basin
HUC 03020201
PREPARED BY:
%�o
W I LDLANDS
IN tN€€CI14C
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Phone: (704) 332-7754
Fax: (704) 332-3306
Bank Parcel Development Package
Moccasin Creek Mitigation Site
Neuse River Basin
TABLE OF CONTENTS
1.0
Introduction......................................................................................................................................1
2.0
Mitigation Project Summary.............................................................................................................2
2.1
Project Goals.................................................................................................................................2
2.2
Existing Parcel Conditions.............................................................................................................2
2.3
Watershed Characterization.........................................................................................................4
2.4
Drainage District...........................................................................................................................4
2.5
Soils............................................................................................................................................... 5
2.6
Geology.........................................................................................................................................5
2.7
Existing Vegetative Communities.................................................................................................5
2.8
Threatened and Endangered Species...........................................................................................5
2.9
Cultural Resources and Significant Natural Heritage Areas..........................................................6
2.10
FEMA Floodplain Compliance.......................................................................................................6
2.10
Parcel Location, Parcel Constraints, and Access...........................................................................6
2.11
Other Environmental Conditions..................................................................................................6
3.0
Site Protection Instrument................................................................................................................7
4.0
Mitigation Work Plan........................................................................................................................7
4.1
Parcel Preparation........................................................................................................................7
4.2
Riparian Area Restoration Activities.............................................................................................
7
4.3
Riparian Area Enhancement Activities..........................................................................................8
4.4
Riparian Area Preservation Activities............................................................................................8
5.0
Monitoring and Maintenance Plan...................................................................................................8
5.1
Monitoring Protocol......................................................................................................................8
5.2
Parcel Maintenance......................................................................................................................9
5.3
Easement Boundaries and Fencing...............................................................................................9
6.0
Financial Assurance and Long -Term Management...........................................................................9
6.1
Financial Assurances.....................................................................................................................9
6.2
Long-term Management.............................................................................................................10
7.0
Mitigation Potential........................................................................................................................10
8.0
References......................................................................................................................................13
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page i June 2020
FIGURES
Figure 1
Vicinity Map
Figure 2
Service Area Map
Figure 3
Site Map
Figure 4
USGS Topographic Map
Figure 5
Watershed Map
Figure 6
NRCS Soil Survey Map
Figure 7
Buffer Credit Map
Figure 8
Riparian Buffer Zones Map
Figure 9
Monitoring Map
Tables
Table 1
Ecological and Water Quality Goals
Table 2
Buffer Project Attributes
Table 3
Project Features
Table 4
Drainage Areas and Associated Land Use
Table 5
Project Soil Types and Descriptions
Table 6
Site Protection Instrument
Table 7
Selected Tree Species
Table 8
Moccasin Creek Project Mitigation Credits
Table 9
Moccasin Creek Total Area of Buffer and Nutrient Offset Mitigation
Table 10
Credit Release Schedule
APPENDIX
Site Photographs (2/17/2020)
Correspondence with the Moccasin Creek Drainage District
Historical Aerial Photographs
On -Site Stream Origin Determination for Applicability to Neuse Riparian Buffer Rules — March 5, 2019
Site Viability for Buffer Mitigation and Nutrient Offset Letter — Moccasin Creek Site — November 22, 2019
USFWS Self -Certification Letter and Concurrence
SHPO Response
EDR Radius Map Report, Executive Summary — Moccasin Creek Mitigation Bank Parcel
Draft Conservation Easement Document
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page ii June 2020
Bank Parcel Development Package
Moccasin Creek Mitigation Site
Neuse River Basin
1.0 Introduction
The Moccasin Creek Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the
Moccasin Creek Nutrient Offset and Riparian Buffer Mitigation Banking Instrument ("MBI"), made and
entered into by Wildlands Holdings III, LLC acting as Bank Sponsor ("Sponsor") and the North Carolina
Department of Environmental Quality ("NCDE(X") Division of Water Resources ("NCDWR"). The Parcel
shall be planned and designed according to the MBI, 15A NCAC 02B .0240, 15A NCAC 02B .0703 and the
Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 which became effective November 1, 2015.
The Parcel is located in central Johnston County within the Town of Pine Level (Figure 1). The Parcel
involves riparian restoration on Moccasin Creek and one unnamed tributary (UT1). The project is located
within the Neuse River Basin Hydrologic Unit Code (HUC) 03020201160010 and North Carolina Division
of Water Resources (NCDWR) Subbasin 03-04-12 and is being submitted for riparian buffer mitigation
credit and nutrient offset credit in the Neuse River Basin HUC 03020201 (excluding Falls Lake) (Figure 2).
Moccasin Creek flows into Holts Pond and eventually into the Neuse River approximately 12 miles
downstream from the Parcel. Moccasin Creek and its tributaries upstream of Holts Pond are classified as
Nutrient Sensitive Waters (NSW) by the North Carolina Division of Water Resources (NCDWR). The
proposed project supports specific goals identified in the 2010 and 2015 Neuse River Basin Restoration
Priorities Plan (RBRP) by promoting "nutrient and sediment reduction in agricultural areas by restoring
and preserving wetlands, streams and riparian buffers."
This buffer restoration and nutrient offset project will reduce sediment and nutrient loading, provide
and improve terrestrial and in -stream habitats, and improve stream and bank stability. The area
surrounding the streams proposed for buffer restoration is currently agricultural fields, typically used to
grow tobacco, soybeans, and corn. See Appendix for Parcel photos taken February 17,2020.
Restoring the vegetation on the areas up to 200 feet from the streams will remove row crops and
fertilizer inputs within the project area. The restored floodplain areas will also filter sediment during
high rainfall events. The establishment of vegetated riparian areas will create shading to minimize
thermal heating. Finally, invasive vegetation will be treated within the project area and the newly
planted native vegetation will provide cover and food for wildlife.
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 1 June 2020
2.0 Mitigation Project Summary
2.1 Project Goals
The major goals of the proposed buffer restoration and nutrient offset project are to provide ecological
and water quality enhancements to the Neuse River Basin by restoring the riparian area to create a
functional riparian corridor. Specific enhancements to water quality and ecological processes are
outlined below in Table 1.
Table 1: Ecological and Water Quality Goals
Goal
Objective
Nutrient input will be decreased by filtering runoff from the agricultural fields through
Decrease nutrient
restored native buffer zones. The off -site nutrient input will also be absorbed on -site by
levels
filtering flood flows through restored floodplain areas, where flood flows can disperse
through native vegetation.
Decrease sediment
Sediment from off -site sources will be captured by deposition on restored floodplain
input
areas where native vegetation will slow overland flow velocities.
Decrease water
temperature and
increase dissolved
Planted riparian trees will shade the streams as they mature reducing thermal pollution.
oxygen
concentrations
Create appropriate
Buffer areas will be restored by removing invasive vegetation and planting native
terrestrial habitat
vegetation.
Permanently protect
the project Parcel
A conservation easement will be recorded on the Parcel.
from harmful uses.
2.2 Existing Parcel Conditions
The proposed buffer restoration and nutrient offset project includes approximately 16.3 acres of open
agricultural fields along Moccasin Creek, one unnamed tributary (UT1), and one ditch (Ditch A). The
agricultural fields are currently being used for soybean and corn production. The farmer regularly
applies chicken litter to the fields to supplement commercial fertilizer. Streams and ditches on the Parcel
have no existing riparian buffer (Figure 3).
Moccasin Creek enters the Parcel from a wooded tract and flows to the southeast across the northern
parcel boundary (Figure 3), thereby connecting the project to the adjacent wildlife corridor. UT1 enters
the Parcel from a culvert under Pine Level Selma Road and flows to the north directly into Moccasin
Creek. Ditch A drains to Moccasin Creek south of UT1. The Parcel is characterized by gently sloped
valleys dominated by row crops. Based on a review of historical aerials (presented in the Appendix), the
WMoccasin Creek Mitigation Site BPDP
HUC 03020201 Page 2 June 2020
land use directly adjacent to onsite streams was farmland as far back as 1959 and has been maintained
as farmland to present.
Moccasin Creek
90
1 r
y�{y
UT1
Table 2: Buffer Project Attributes
Project Name
Moccasin Creek Mitigation Site
Hydrologic Unit Code
03020201160010
River Basin
Neuse
Geographic Location (Lat, Long)
35.51708°,-78.24795°
Site Protection Instrument (DB, PG)
To be recorded
Total Credits
311,905.000 buffer mitigation credits and 15,513.563
nutrient offset credits
Types of Credits
Riparian Buffer Credits and Nutrient Offset Credits
BPDP Date
February 2020
Initial Planting Date
February 2021
Baseline Report Date
March 2021
MY1 Report Date
December 2021
MY2 Report Date
December 2022
MY3 Report Date
December 2023
MY4 Report Date
December 2024
MYS Report Date
December 2025
NCDWR performed an onsite visit of the Parcel to determine viability for buffer mitigation on February
12, 2019 (letter dated November 22, 2019) for the project. Both Moccasin Creek and UT1 were deemed
viable by NCDWR to generate buffer mitigation. More information was required for Ditch A to
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 3 June 2020
determine its viability for buffer credit. Credits are not requested on Ditch A; therefore, the additional
assessment needed to determine buffer credit viability was not completed. The Buffer Interpretation
/Clarification Memo #2008-019 applies to Ditch A where maintenance of diffuse flow onsite is
unattainable. The reduction in credit from the memo being applied is documented in Figure 7 and
Table 8.
There have been no changes to land use in the project area since NCDWR's site visit. At this site visit,
NCDWR also assessed the stream origin and issued the official Stream Origin Determination Letter
March 5, 2019. A copy of both the "On -Site Stream Origin Determination for Applicability to Neuse
Riparian Buffer Rules" and the "Site Viability for Buffer Mitigation & Nutrient Offset" letters from
NCDWR are included in the Appendix and summarized in Table 3.
Table 3: Project Features
Feature Name
Nutrient Offset Credit
Feature Name
(NCDWR
Feature Type
Buffer Credit Viable
Viable
(BPDP)
Evaluation)
Moccasin Creek
Moccasin Creek
Perennial
Yes
Yes (right bank only)
UT1
UT1
Perennial
Yes
Yes
Ditch A
A
Ditch
N/A
Yes
2.3 Watershed Characterization
The Parcel is located within the Targeted Local Watershed 03020201160010 and NCDWR Subbasin 03-
04-12. UT1 drains to Moccasin Creek which is classified as C and NSW by NCDWR. Class C waters are
designated for recreational use, agriculture, fishing and fish consumption, and the maintenance of
biological integrity for wildlife. The NSW designation applies to surface waters that are experiencing
excessive growths of microscopic or macroscopic vegetation.
The Parcel topography, as indicated on the Selma and Kenly West, NC USGS 7.5-minute topographic
quadrangle, shows gently sloped areas throughout the Parcel (Figure 4). Drainage areas for the project
reaches (Figure 5) were delineated using 2-foot contour intervals derived from the North Carolina
Floodplain Mapping Program's 2007 Light Detection and Ranging (LiDAR) data. Land uses draining to the
project reaches are primarily agriculture with some forested and residential use. The watershed areas
and current land use are summarized in Table 4, below.
Table 4: Drainage Areas and Associated Land Use
NCDWR Stream
Reach
Reach Length
Watershed Area
identification
Land Use
Name
(LF)
(acres)
Forms Scores
Moccasin
45%agriculture; 37%forested; 16%
Creek
3,437
35
2,789
developed land; 2% open water/wetland
61%agriculture; 24%forested; 15%
UT1
621
32
573
developed land
2.4 Drainage District
The Parcel is located within the Moccasin Creek Drainage District, shown on Figure 1, where active
maintenance is frequently performed. While the drainage district has no drainage easement on the
Parcel, they have been notified and have acknowledged their acceptance that any maintenance they
perform on the section of Moccasin Creek located within the Parcel will be limited to 15 feet from the
top of bank of the streams and ditches identified in the DWR Site Viability Letter. Correspondence with
the Drainage District is included in the Appendix.
NMoccasin Creek Mitigation Site BPDP
HUC 03020201 Page 4 June 2020
2.5 Soils
The Parcel is mapped by the Johnston County Soil Survey. Project soils are described below in Table 5.
An image of the paper copy of the 1994 Soil Survey of Johnston County is provided in Figure 6.
Table 5: Project Soil Types and Descriptions
Soil Name
Description
Bibb sandy loam is poorly drained soil found on floodplains and in narrow
Bibb sandy loam (Bb)
drainageways. Permeability and water capacity are moderate. Surface runoff
is very slow. Slopes are 0-2%.
Gilead sandy loam consists of gently sloping soils on uplands. These soils are
Gilead sandy loam (GeB)
very deep and moderately well drained. They have a loamy surface layer and
a clayey subsoil. In the subsoil, downward water movement is moderately
slow to slow. Seasonal high-water table is within a depth of 1.5 to 2.5 feet.
Grantham silt loam consists of nearly level soils on upland flats and
Grantham silt loam (Gr)
depressions. These soils are very deep and poorly drained. They have a loamy
surface layer and subsoil. In the subsoil, downward water movement is
moderately slow. Seasonal high-water table is within a depth of 1.0 foot.
Uchee loamy coarse sand consists of gently sloping soils on uplands. These
Uchee loamy coarse sand (UcB)
soils are very deep and well drained. They have a thick, sandy surface layer
and a loamy subsoil. In the subsoil, downward water movement is moderately
slow. Seasonal high-water table is within a depth of 3.5 to 5.0 feet.
Source: Johnston County Soil Survey, USDA-NRCS,
https.11www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north carolina/NC101/0/Johnston.pdf
2.6 Geology
The Parcel is located in the Inner Coastal Plain physiographic province. The landscape of the Inner
Coastal Plain is characterized by flat lands to gently rolling hills and valleys. Elevations range from 25 to
600 feet above sea level. The Coastal Plain largely consists of marine sedimentary rocks comprised of
sand, clay, and limestone that formed through the deposition of estuarine and marine sediments within
the last 140 million years. According to the Geologic Map of North Carolina (1985), the underlying
geology of the proposed mitigation site is mapped as the Yorktown and Duplin Formations (undivided).
The Yorktown Formation is described as fossiliferous clay with varying amounts of fine-grained sand.
The unit is bluish gray with shell material commonly concentrated in lenses. The Duplin Formation is
described as a bluish gray, shelly, medium to coarse -grained sand with components of sandy marl and
limestone.
2.7 Existing Vegetative Communities
Existing vegetation within the Parcel is primarily comprised of active row crop fields of soybeans with
narrow streamside thickets on Moccasin Creek as shown in the February 17, 2020 site photos
(Appendix).
2.8 Threatened and Endangered Species
The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS)
database were searched for federally listed threatened and endangered plant and animal species in
Johnston County, NC. Six species, the red -cockaded woodpecker (Picoides borealis), Neuse River
waterdog (Necturus lewisi), Carolina madtom (Noturus furiosus), Atlantic pigtoe (Fusconaia masoni),
WMoccasin Creek Mitigation Site BPDP
HUC 03020201 Page 5 June 2020
the Tar River spinymussel (Elliptio steinstansana), and Michaux's sumac (Rhus michauxii) are listed or
proposed for listing as federally endangered or threatened species. Wildlands performed pedestrian
surveys of the Parcel in January 2019, October 2019, and February 2020, and determined there was no
suitable habitat in the project area for the Red -cockaded woodpecker, Neuse River waterdog, Carolina
madtom, Atlantic pigtoe, or the Tar River spinymussel. There are small sections of suitable habitat for
Michaux's sumac, but no individual species were identified; therefore, the project will have "no effect"
on any of the federally listed species. The USFWS Self -Certification Letter and USFWS concurrence is
included in the Appendix.
2.9 Cultural Resources and Significant Natural Heritage Areas
There are no existing structures in the project area. The Parcel is not located near any sites listed on the
National Register with the State Historic Preservation Office (SHPO). Crocker Cemetery is located
adjacent to the Parcel but will not be impacted by the project. SHPO was contacted with request for
review and comment on January 21, 2020. SHPO responded on February 14, 2020, and determine while
two previously recorded pre -colonial American Indian archaeological sites are located on the Parcel, the
ground disturbance proposed within the easement boundary should have no effect on the
archaeological sites. All communication with SHPO is included in the Appendix.
2.10 FEMA Floodplain Compliance
No grading activities are proposed in the floodplain, so a floodplain development permit will not be
required. No hydraulic modeling is proposed for this project.
2.10 Parcel Location, Parcel Constraints, and Access
The Parcel is located in central Johnston County within the Town of Pine Level (Figure 1). The project is
located within the Neuse River Basin HUC 03020201160010 and NCDWR Subbasin 03-04-12, which is in
the Neuse River Basin HUC 03020201.
The Parcel is accessible for construction, monitoring, and long-term stewardship from Pine Level -Selma
Road. There are three planned breaks in the Parcel, their locations and widths are shown on Figure 3.
Two breaks are for overhead utility lines managed by Duke Energy. The third break includes both a
driveway and a sanitary sewer line that runs down the left side of UT1. The left side of UT1 will not be
restored and will not be included in the conservation easement boundary. The sewer line then runs
along the left bank of Moccasin Creek on the adjacent parcel outside of the project boundary. Duke
Energy and the Johnston County Public Utilities Department will each be sent copies of the conservation
easement and plat once they have been recorded in the Johnston County Register of Deeds.
The proposed route for the Atlantic Coast pipeline is located approximately 0.5 miles northwest of the
property (https://atlanticcoastpipeline.com/recent-updates/default.aspx#map). A figure showing the
proposed pipeline route is included in the Appendix.
2.11 Other Environmental Conditions
An Environmental Data Resources, Inc (EDR) Radius Map Report with Geocheck was ordered for the
Parcel on January 14, 2020. Neither the target property nor the adjacent properties were listed in any of
the Federal, State, or Tribal environmental databases searched by EDR. There was one Leaking
Underground Storage Tank (LUST) site located within 0.25 miles of the Parcel that was closed out in
2003. The Executive Summary of the EDR report is included in the Appendix.
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 6 June 2020
3.0 Site Protection Instrument
The land required for planting, management, and stewardship of the mitigation project includes
portions of the parcel listed in Table 6. The Parcel will remain in private ownership, protected in its
entirety by Unique Places to Save, an approved NCDWR long term steward, and will be managed under
the terms detailed in the approved NCDWR conservation easement. Per the Site Viability Letter, the
conservation easement will be transferred to the NCDWR approved long term steward prior to the first
credit release. A copy of the conservation easement is included in the Appendix.
Table 6: Site Protection Instrument
Site Protection
Deed Book and
Acreage
Landowner
PIN
County
Instrument
Page Number
to be Protected
Daniel F. and Paula
Conservation
262414-33-7734
Johnston
To Be Recorded
16.3
S. Kornegay
Easement
4.0 Mitigation Work Plan
The project will restore agriculturally impacted land along Moccasin Creek and UT1 to a protected
riparian corridor, improving the ecological function of the area. The project design will ensure that no
adverse impacts to wetlands or existing riparian buffers occur. Figure 7 illustrates the conceptual design
for the Parcel. Figure 8 further depicts the riparian buffer zones for the Parcel.
4.1 Parcel Preparation
The land use within 200 feet from top of bank of the project features has been maintained as cleared for
crops. Areas slated for restoration will require little site preparation because the land has been
maintained in agriculture; therefore, soil disturbance during planting of the project will be minimal. Site
preparation will include select herbicide treatments to remove undesirable vegetation. Where needed,
invasive species will be selectively spot treated by a licensed pesticide applicator. Any drain tiles found
in the conservation easement area during survey and/or planting of the project will be sealed.
4.2 Riparian Area Restoration Activities
Riparian area restoration will involve planting appropriate native tree species along the riparian corridor.
Vegetation management and herbicide applications may be needed over the first few years of tree
establishment in the riparian restoration areas to prevent encroachment of undesirable species that
may out -compete the planted native vegetation. Tree species planted across the riparian areas of the
Parcel will include a mixture of the species listed in Table 7 below.
Table 7: Selected Tree Species
Species
Common Name
Density
Forest Strata
Quercus phellos
Willow Oak
15%
Canopy
Platanus occidentalis
Sycamore
20%
Canopy
Betula nigra
River Birch
20%
Canopy
Populus deltoides
Eastern Cottonwood
15%
Canopy
Quercus michauxii
Swamp Chestnut Oak
15%
Canopy
Acer negundo
Boxelder
15%
Subcanopy
WMoccasin Creek Mitigation Site BPDP
HUC 03020201 Page 7 June 2020
Trees will be planted in the riparian restoration areas at a density sufficient to meet the performance
standards outlined in the Rule 15A NCAC 02B .0295 of 260 planted trees per acre at the end of five years
of monitoring. No one tree species will be greater than 50% of the established stems. An appropriate
seed mix will also be applied to provide temporary and permanent ground cover for soil stabilization
and reduction of sediment loss during rain events in areas without existing herbaceous cover. The
proposed seed mix contains taxonomic families such as Asteraceae and Lamiaceae which have beneficial
relationships with many insects found within the Lepidoptera, Hymenoptera, and Diptera families.
Planting is scheduled for winter February 2021.
The tree species listed in Table 7 will also be planted within the 15 foot no credit area described in
Section 2.4 and shown in Figure 7, but the vegetation in that area will not be monitored as described in
Section 5.0 below.
4.3 Riparian Area Enhancement Activities
No riparian enhancement activities are planned for the Parcel.
4.4 Riparian Area Preservation Activities
No riparian preservation activities are planned for the Parcel.
5.0 Monitoring and Maintenance Plan
5.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the riparian buffer
restoration and nutrient offset areas to measure the survival of the planted trees. The plots will be
randomly placed throughout the planted riparian areas. A total of 12 plots will be established within the
riparian restoration areas (Figure 9). The size of individual quadrants will be 100 square meters.
Vegetation assessments will be conducted and follow the Carolina Vegetation Survey (CVS) Level 2
Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner
of each of the 12 plots. Photos will be taken from all photo points each monitoring year and provided in
the annual reports. All planted stems will be marked with flagging tape and recorded.
Planting is scheduled for February 2021. The first annual monitoring activities will commence at the end
of the first growing season, at least five months after planting has been completed and no earlier than
the fall season. Species composition, height, and survival rates will be evaluated on an annual basis by
plot. The total number of volunteer woody stems will also be documented and reported. The measure
of vegetative success for the Parcel will be the survival of at least four native hardwood tree species,
where no one species is greater than 50% of the established planted stems, and an established density
of at least 260 planted trees per acre at the end of monitoring year five. Appropriate and desirable
native volunteer species may be included in the Parcel's density to meet the performance standards
with NCDWR approval.
Wildlands shall submit the annual monitoring report to NCDWR by December 31St of each year for five
consecutive years and will follow the terms and conditions of the Moccasin Creek Mitigation Banking
Instrument (MBI).
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 8 June 2020
5.2 Parcel Maintenance
If the Parcel or a specific component of the Parcel fails to achieve the performance standards outlined in
Section 5.1, adaptive measures will be developed and/or appropriate remedial actions will be
implemented. Site maintenance will be performed to correct any identified problems on the Parcel that
have a high likelihood of affecting project success. Such items include, but are not limited to, fire,
flooding, drought, or insects that cause excess tree mortality. Any actions implemented will be designed
to achieve the performance standards and will include a work schedule and updated monitoring criteria.
Any parcel maintenance performed will be included in the monitoring report for that year. A rigorous
herbicide schedule may need to be implemented in the first few years of tree establishment in the
restoration areas to prevent establishment of invasive species that may out -compete the planted native
vegetation. The only herbicides used on the Parcel will be aquatic approved herbicides that will be
applied in accordance with North Carolina Department of Agriculture rules and regulations.
The easement boundary will be checked twice a year as part of monitoring activities. Easement
boundary conditions as well as any maintenance performed will be reported in the annual monitoring
reports to NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the
Sponsor must receive approval from NCDWR prior to conducting any mowing activities within Neuse
Buffer Zones 1 and 2 to ensure that no buffer violations have occurred.
5.3 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by fence, marker, post, tree -blazing, or other means
as allowed by site conditions and/or conservation easement. Signage along the boundary line will be
placed every 100 feet as is possible. Boundary markers that have been disturbed, damaged, or
destroyed will be repaired and/or replaced on an as needed basis. Contact information for the
conservation easement holder will be included on easement markers. Additional signs listing prohibited
vegetation management restrictions will be installed approximately every 100 feet in portions of the
easement abutting utility ROW, offset from traditional signage. For additional protection from
prohibited activities as described in Article VI. Section A of the conservation easement will be
demarcated by posts and polytape at a distance equal to or greater than 15' offset from the top of bank
of Moccasin Creek.
6.0 Financial Assurance and Long -Term Management
6.1 Financial Assurances
Following approval of the Moccasin Creek Mitigation Site Bank Parcel Development Package, the
Sponsor shall provide a Performance Bond from a surety that is rated no less than an "A-" as rated by
A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of
the project as described in the Bank Parcel Development Package (BPDP, but not less than $150,000). In
lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first
credit release. In that case no performance bond will be necessary.
After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less
than $100,000. The Performance/Maintenance Bond shall apply at the inception of the monitoring
period for a term of one year and be extended annually for a minimum of five years. Upon NCDWR
approval, this may be lowered each year based on the adjusted cost to complete the monitoring.
wMoccasin Creek Mitigation Site BPDP
HUC 03020201 Page 9 June 2020
Performance Bonds for monitoring shall be renewed at least annually to cover the next years monitoring
period, with confirmation of renewal provided to NCDWR with each annual monitoring report when
applicable. NCDWR reserves the right to alter the credit release schedule if monitoring reports are
submitted without proof of bond renewals when applicable.
6.2 Long-term Management
The Parcel will remain in private ownership, protected in its entirety by Unique Places to Save, an
approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved
NCDWR conservation easement. The long-term manager will be responsible for periodic inspection of
the Parcel to ensure that the restrictions documented in the recorded easement are upheld in
perpetuity. A letter from UP2Save committing to the long-term stewardship of the Parcel is included in
the Appendix.
7.0 Mitigation Potential
Of the 16.3 acres protected under the conservation easement, the mitigation activity for 14.0 acres is
riparian restoration. The mitigation credit calculation was derived based on Wildlands' conceptual
design for maximum ecological uplift. The management objectives, mitigation type, and proposed
amount of buffer mitigation are presented in Tables 8 and 9, below. The Buffer Interpretation
/Clarification Memo #2008-019 applies to Ditch A where maintenance of diffuse flow onsite is
unattainable, therefore a total of 4,350 square feet is removed from the creditable area at the top of
Ditch A. Of the riparian area being restored, the total riparian buffer credits requested are 311,905.000
square feet and the total pounds of nutrient offset credit are 15,513.563.
As stated in Section 2.4, the first 15 feet from top of bank, approximately 49,711 square feet, are not
eligible for mitigation credit and are not included in the credit totals but will be within the conservation
easement boundary. The credits sought within 101 to 200 feet will only be used for nutrient offsets and
cannot be converted into buffer credits. The restoration areas beyond the first 15 feet from top of bank
to 100 feet are viable for either riparian buffer credits or nutrient offset credits and can be converted
upon approval by NCDWR.
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 10 June 2020
Table 1. Moccasin Creek Mitigation Bank Parcel, Project Mitigation Credits
Neuse 03020201 - Outside Falls Lake
Service Area
N Credit Ratio (sf/credit)
P Credit Ratio (sf/credit)
19.16394
N/A
Subject? (enter
Credit Type
location
NO if
Feature Type
Mitigation Activity
Min -Max Buffer
ephemeral or
width (ft)
ditch
Buffer
Rural
Yes
I / P
Restoration
0-100
Nutrient Offset
Rural
Yes
I/P
Restoration
101-200
Buffer
Rural
Yes
I / P
Restoration
0-50
Buffer
Rural
Yes
I / P
Restoration
0-100
Nutrient Offset
Rural
Yes
I / P
Restoration
101-200
Buffer
Rural
Yes
Ditch
Restoration
0-100
Buffer
Rural
Yes
/ P
Restoration
0-11
Fntar Pr—r—i— r—A:te w..l.....
Feature Name
Total Area (sf)
(Creditable)
Area of Buffer
Mitigation (sQ
Initial Credit
Ratio (z:1)
%Full Credit
Final Credit
Ratio (x:1)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible
to Nutrient
offset?
Delivered
Nutrient Offs
N (lbs)
Moccasin Creek (16'-
100,)
280,820
1
100%
1.00000
Yes
280,820.000
Yes
0.000
Moccasin Creek
UTS (16'-50')
UTI (16'-100')
UTl
296,979
322
20,500
10,585
1
1
1
1
33%
100%
100%
33%
1.00000
1.00000
No
Yes
Yes
No
—
20,500.000
Yes
Yes
15,496.761
0.000
10,585.000
Yes
0.000
—
—
'fes
No
16.802
—
Ditch A -Credit
Deduction
0-15' Non credit Areas
4,350
49,711
0
0
1
1
100%
100%
No
No
—
No
—
Totals:
351,362
311,905
Credit Type
Location
Subject?
1
Feature Type
yp
Mitigation Activity
g y
Min -Max Buffer
Width (ft)
cu6iuie Tor rreservation
Feature Name
ist):
Total Area (sf)
103,968
Total
(Creditable)
Area for Buffer
Mitigation (sf)
Initial Credit
t
Ratio (xJ)
%Full Credit
Final Credit
Ratio (x:1)
Riparian
Buffer Credits
Buffer
Preservation
Preservation as % Total Area of Buffer Mitigation: o.o%
Ephemeral Reaches as %Total Area of Buffer Mitigation: o.o%
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
311,905
311,905.000
Enhancement:
0
0.000
Preservation:
0
0.000
Total Riparian Buffer:
311,905
311,905.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
I Square Feet
Credits
Nutrient
Offset:
Nitrogen:
97,301
15,513.563
Phosphorus:
0,000
Upon submittal of the appropriate documentation by the Sponsor and subsequent approval by NCDWR,
the mitigation credits associated with the Moccasin Creek Mitigation Site will be released as described in
Table 10 below.
Table 10: Credit Release Schedule
Task
Project Milestone
% Credit Available
for Sale
Instrument and BPDP Approved by NCDWR, Conservation Easement
1 & 7
Recorded* and Financial Assurance Posted. Item B(1) of Section X in
25
this Instrument has been completed and approved by NCDWR
Mitigation Site Earthwork, Planting and Installation of Monitoring
2
Devices Completed
20
3
Monitoring Financial Assurance Posted and Approval of As -Built Report
10
Monitoring Report #1: Approved by the NCDWR & financial assurance
4
renewed
10
Monitoring Report #2: Approved by the NCDWR & financial assurance
5
renewed
10
Monitoring Report #3: Approved by the NCDWR & financial assurance
6
renewed
10
Monitoring Report #4: Approved by the NCDWR & financial assurance
8
renewed
5
Monitoring Report #5: Approved by the NCDWR and final site visit by
9
NCDWR has been conducted
10
Total
100%
*Per the Site Viability Letter, the conservation easement for the Moccasin Creek Site must be transferred to a DWR-approved
long term steward before the first credit release.
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 12 June 2020
8.0 References
North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications.
http://portal.ncdenr.org/web/wq/ps/csu/classifications
North Carolina Geological Survey (NCGS), 2009. Mineral Resources.
http://www.geology.enr.state.nc.us/Mineral%20resources/mineralresources.html
North Carolina Natural Heritage Program (NHP), 2019. Natural Heritage Element Occurrence Database,
Johnston County, NC. https://www.ncnhp.org/data/species-community-search
United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), 2020.
Web Soil Survey. https:Hwebsoilsurvey.sc.egov.usda.gov/
United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species,
Federal Species of Concern and Candidate Species, Johnston County, NC.
https://www.fws.gov/raleigh/species/cntylist/nc_counties.html
Moccasin Creek Mitigation Site BPDP
HUC 03020201 Page 13 June 2020
Figures
County Boundary
Moccasin Creek Drainage District
Project Location
Conservation Easement Boundary
Project Point Location
O!V WILDLANDS
ENGINEERING
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-
Mills
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Figure 1 Vicinity Map
0 1 2 4 Miles Moccasin Creek Mitigation Site
I i i i I i i i I Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
R � �
�••—••j County Boundary
1 j HUC 03020201
Service Area - Riparian Buffer and Nutrient Offset Credits 1
1 j * Project Point Location
1
---- —' •—.....—....._....._.......
i . I •' j i 'rf'z
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Figure 2 Service Area Map
Oft,WILDLANDS 0 5 10 Miles Moccasin Creek Mitigation Site
E iV 01 N E E R I N G I 1 1 1 I Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
Y .
Power Line
Easement Break
b� `y.
b
100' Power Line 50' Driveway &
Easement Break * Sewer Line _
' Easement Break
r
T
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ENGINEERING
A
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AW
1
1*0
"0 If
41
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lip
0 200 400 800 Feet
I I I I I I I I
Project Location
Conservation Easement Boundary
` ! Ditch
- Project Stream
Topographic Contours (2')
Non -Project Streams
Sewer Line Easement
Power Line Easement
Figure 3 Site Map
Moccasin Creek Mitigation Site
Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
.s Project Location
Crocker r
Ce S
i!
40
• '
ine L(
Selma and Kenly West USGS 7.5 minute Topographic Quadrangle INNONR;
w0 WILDLANDS
ENCaINEERING
0 250 500 1,000 Feet
I I I I I I I I I
Figure 4 USGS Topographic Map
Moccasin Creek Mitigation Site
Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
Figure 5 Watershed Map
W I L D L A ITT D S 0 0.25 0.5 Miles Moccasin Creek Mitigation Site
ENGINEERING I I i i I Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
"-� t # i M Project Location
Conservation Easement Boundary
MaA
♦ hGOA
AL
GeO
Hb
I
♦ I
ir
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OVA"
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Figure 6 NRCS Soil Survey Map
2wr
W I L D L A N D S 0 250 500 1,000 Feet Moccasin Creek Mitigation Site
E N G I N E E R I N G I I I I I I I I I Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
Figure 7 Buffer Credit Map
W I L D L A N D S 0 200 400 800 Feet Moccasin Creek Mitigation Site
ENGINEERING I I I I I I I I I Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
Project Location
.& Conservation Easement Boundary
{�
Ditch
b
- Project Stream
15' from TOB
16'-50'
51'-100'
101'-200'
Non -Project Streams
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-
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a r
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2017 Aerial Photography
WILDLANDS
ENGINEERING
0 200 400 800 Feet
I I I I I I I I I
Figure 8 Riparian Buffer Zones Map
Moccasin Creek Mitigation Site
Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
Figure 9 Monitoring Map
W I L D L A N D S 0 200 400 800 Feet Moccasin Creek Mitigation Site
ENGINEERING I I I I I I I I I Bank Parcel Development Package
Neuse River Basin (03020201)
Johnston County, NC
Appendix
D
0
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WILDLANDS
ENGINEERING
Via email to: rbraswell@rdbraswell.com
February 12, 2020
Mr. Richard D. Braswell
Chairman
Moccasin Creek Service District
2736 NC Hwy. 210
Smithfield, NC 27577
RE: Notification and Confirmation that the Johnston County Drainage District #1: Moccasin
Creek Watershed Central Drainage District maintenance is limited on Parcel 262414-33-7734
Dear Dicky,
Wildlands Engineering, Inc. is planning a riparian buffer and nutrient offset mitigation bank on
the Johnston County Parcel ID 262414-33-7734 owned by Daniel F. and Paula S. Kornegay. The
attached Exhibit A shows the parcel and the approximate area of the buffer mitigation bank
project. Wildlands' plans are to record a permanent conservation easement approximately in
the areas shown on Exhibit A. Once approved by the NC Division of Water Resources, we will
plant trees throughout the easement area.
As we have previously discussed, the Central Drainage District maintains an access route on the
North side of Moccasin Creek and does not have an easement or right of access on the South
side of Moccasin Creek. However, as a part of its approval process for the buffer restoration
project, the NC Division of Water Resources is requiring that we coordinate with the Drainage
District to document that any future travel -way within the proposed conservation easement
area for the Drainage District will be limited to 15 feet from the top of Moccasin Creek and the
lateral streams coming into Moccasin Creek on the site. This would apply to any future
maintenance contracts issued for the project parcel as well.
Your signature on page two of this letter indicates that you have reviewed the attached
preliminary map and that you see no conflict between the Central Drainage District and the
NCDWR requirements of a limited 15-foot travel -way on the Kornegay's parcel approximately
as shown on the attached Exhibit A.
Page 1 of 2
W Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203
WILDLANDS
ENGINEERING
Thank you for your understanding and cooperation.
Sincerely Yours,
Robert W. Bugg
Director: Mitigation Development and Credit Sales
Wildlands Engineering, Inc.
rbugg@wildlandseng.com
o) 704-332-7754
m) 704-719-2100
CC: Danny Kornegay
Attachment: Exhibit A showing Parcel 262414-33-7734, the conservation easement area, and
the 15' buffer zone from top of bank for the Central Drainage District's access.
Agreed: I / /
Name: Richard D. Braswell
Title: Chairman, Moccasin Creek Service District
Date: — J2020
Page 2 of 2
W Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203
T !
q • r
Project Parcel
—_� Conservation Easement Boundary (16.5 ac)
15' Buffer Zone from Top of Bank
-Stream
Ditch
_ Sewer Line Easement
Power Line Easement
� 1
Daniel F. and Paula S. Kornegay°
Parcel ID 262414-33-7734
Daniel F. and Paula S. Kornegay
Parcel ID 262414-33: 7734
Nie
Exhibit A
W I L D L A N D S 0 200 400 800 Feet Daniel F. and Paula S. Kornegay
ENGINEERING I I I I I I I I I Moccasin Creek Mitigation Site
Neuse River Basin (03020201)
Johnston County, NC
Date: 2/12/2020
Moccasin Creek Mitigation Site
W. Main Street
Selma, NC 27576
Inquiry Number: 5934333.5
January 14, 2020
6 Armstrong Road, 4th floor
Shelton, CT 06484
(rEDR
Toll Free: 800.352.0050
www.edrnet.com
EDR Aerial Photo Decade Package 01/14/20
Site Name: Client Name:
Moccasin Creek Mitigation Site
W. Main Street
Selma, NC 27576
EDR Inquiry # 5934333.5
Wildlands Eng, Inc.
1430 South Mint Street
Charlotte, NC 28203
Contact: Andrea Eckardt
Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist
environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR's
professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo
perdecade.
Search Results:
Year
Scale
Details
Source
2016
1 "=500'
Flight Year: 2016
USDA/NAIP
2012
1 "=500'
Flight Year: 2012
USDA/NAIP
2009
1 "=500'
Flight Year: 2009
USDA/NAIP
2006
1 "=500'
Flight Year: 2006
USDA/NAIP
1998
1 "=500'
Flight Date: March 12, 1998
USGS
1993
1 "=500'
Acquisition Date: March 06, 1993
USGS/DOQQ
1983
1"=500'
Flight Date: March 02, 1983
NHAP
1964
1 "=500'
Flight Date: September 26, 1964
USGS
1961
1 "=500'
Flight Date: September 12, 1961
USGS
1959
1 "=500'
Flight Date: March 04, 1959
USDA
1950
1 "=500'
Flight Date: November 21, 1950
USGS
When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE
ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more
information contact your EDR Account Executive.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot
be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY
EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY
DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE
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A
ROY COOPER
Governor
MICHAEL S. REGAL
Secrr y
LINDA CULPEPPER
plret7vf
NORTH CAROLINA
Environmental Quality
March 5, 2019
Daniel F. and Paula S. Kornegay DWR Project #20190239
610 Worley Road Johnston County
Princeton, NC 27569
Subject: Cm -Site Stream Evaluation and Determination for Applicability to the
Neuse River Riparian Buffer Rules (15A NCAC 02B .0233) and Water
Quality Standards
Project Name: Moccasin Creek Mitigation Site
Address/Location: Pine Level -Selma Road, Selma, NC 27576
Lat. 35.517209, Long-78.248368
Parcel ID's: Johnston County PIN #262414-33-7734
Streams Evaluated: Moccasin Creek and an Unnamed Tributary to Moccasin Creek
Field Date: February 12, 2019
DWR Staff: Shelton Sullivan
Determination Type:
Buffer:
Stream:
Neuse (15A NCAC 02B .0233)
® Ephemeral/Intermittent/Perennial
❑
Tar -Pamlico (15A NCAC 02B .0259)
Determination (where local buffer
❑
Catawba (15A NCAC 02B .0243)
ordinances apply)
❑
Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
❑
Randleman (15A NCAC 02B .0250)
[]
Goose Creek (15A NCAC 02B .0605-.0608)
See the following table and written explanation regarding the stream determinations.
,��D_E `
QV
—
North Carolina DeNrimrnl of Envlrorimental Quality I D}vision of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617
410 1079000
Wildlands Engineering Inc,
Meuse River Riparian Buffer/Stream Determination
DWR Project #20190239
Page 2 of 4
Feature IDl
Feature Type
Not
Subject
Subject
Start@
Stop @
Soil
Survey
USGS
Topo
Moccasin
Stream—
X
Western
Eastern
X
X
Creek
Perennial (P)
easement
easement
boundary,
boundary at
behind Crocker
North Peedin
Cemetery
Avenue
LIT1
Stream —
X
Culvert under
Confluence
X
X
Perennial (P)
Pine Level
with
Selma Road
Moccasin
Creek
' See maps provided showing labeled features
Ephemeral (E), Intermittent (i), Perennial (P), Ditch (D)
The Division of Water Resources (DWR) received a Request for Stream Buffer Applicability
Determination for a Potential Mitigation Site of the location described above. On February 12,
2019, DWR staff, along with Andrea Eckardt from Wildlands Engineering Inc. conducted a site
visit.
DWR determined that the two features on the site, Moccasin Creek and the Unnamed Tributary
to Moccasin Creek are both perennial stream features subject to the Neuse River Riparian
Buffer Rules and are both located on the most recently published NRCS Soil Survey of Johnston
County, North Carolina and shown on the most recent copy of the USGS Topographic map at a
1: 24,000 scale.
There may be other streams or features located on the properties and on the included maps
that may be subject to the buffer rules or may be considered jurisdictional according to the
US Army Corps of Engineers and subject to the Clean Water Act.
This on -site determination shall expire five (5) years from the date of this letter. Landowners
or affected parties that dispute a determination made by the DWR may request a determination
by the Director. An appeal request must be made within sixty (60) calendar days of the date of
this letter to the Director in writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedFx, etc.):
0 Karen Higgins
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within
sixty (60) days.
Wildlands Engineering Inc.
Neuse River Riparian Buffer/Stream Determination
DWR Project #20190239
Page 3 of 4
This determination only addresses the applicability to the buffer rules and does not approve
any activity within the buffers. The project may require a Section 404/401 Permit for the
proposed activity. Any inquiries regarding applicability to the Clean Water Act should be
directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-5544884.
If you have questions regarding this determination, please feel free to contact Shelton Sullivan
at (919) 707-3636.
Sincerely,
�Wj'/V) "6 J-w4
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: Maps; Photos by DWR; Stream Rating Forms
cc: Andrea Eckardt, Wildlands Engineering, Inc., aeckardt@wildlandsenl;,com
401 & Buffer Permitting Branch file copy
DWR RRQ via email
Filename: 20190239_Moccasin Creek Stream Call.docx
Wildlands Engineering Inc,
Meuse River Riparian Suffer/Stream Determination
DWR Project #20190239
Page 4 of 4
DWR Photos taken 2/12/2019
Moccasin Creek
UT
f /0)\W N i
QProject Location
s '
w I'
rr .
Ce
i R
� � w
t _ �
R �ti r « t
s
f
G
410,
Al -
Pine
OM'.` •yy "
.
� i
V1494r fir► + �* � r ! . rt ! �� � �
40
Selma and Kenly West USGS 7.5 minute Topographic Quadrangle r �y,i
•
W I L, D L A N D S 0 300 600 Feet Figure 3 USGS Topographic Map
ENGINEERING Mocassin CreekMitigation Site
Neuse River Basin (03020201)
Johnston County, NC
NU V WQ Stream Identification Form Version 4.11
Date: ProjectlSite: /T Latitude:
Evaluator. �i County:� �(j Longitude:
Total Points: Stream Determination (cir
if:3 Z
�hl ItiOther Name:
Stream is at least l ettenf � � �� �o � ��Y Epemeranermtf erennial e. Quad
if � 19 orperennial f � 0* 9•
�__el
11-114r unuics aic nui raIe4; see urscussrons in manual
B. Hvdrnlnnv IS,rhtntal = 11. c---:, I
12. Presence of Baseflow
0
1
2
CE>
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
16. Organic debris lines or piles
0
0.5
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
L. o1VIVc.,_J, y �ouytotai = /vim
4,8. Fibrous roots in streambed
19., land plants in streambed
20. Macrobenthos (no a nd abundance
21. Aquatic Mollusks
22. Fish
23. Crayfish
24. Amphibians
25. Algae
26. Wetland plants in streambed
3
2
1
0
3
2
1
p
0
1
2
3
0
1
2
3
0.5
1
1.5
0
1
1.5
0
0.5
1
1.5
0
0.5
1
perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
FACW = 0.75; OBl_ = 1.5 Other = 0
Sketch:
5A,11
i 1
NC DWQ Stream Identification Form Version 4.11
Date: �T _
ProjectlSite:�o[tcrg,�,�
Latitude;
Evaluator; �,.� ,� �
County:
kyle �ev1d l` {�
Longitude:
Ej
Total Points: i"'%
Stream is at least intermittent _ -
Stream Determination (circle
Ephemeral Intermitt
Other
if a 19 or perennial if a 30-
erennia
e,g. Quad !Name:
Yew u.v I"10 stS.,.- G",r r, t--PIFI tip.
A. Geomorphology Subtotal = ',� •
Absent
Weak
Moderate
Strong
ta. Continuity of channel bed and bank
0
1
2
2. Sinuosity of channel along thalweg
0
1
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
� -,
4. Particle size of stream substrate
0
1
2
5. Active/relict ffoodplain
0
1
2
3�
6. Depositional bars or benches
0
1
2
7. Recent alluvial deposits
0
1
(D
3
8. Headcuts
`
1
2
3
9. Grade control
0.5
1
1.5
10. Natural valley
0
0.5
El
1-5-`
11. Second or greater order channel
No = 0
Y = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology Subtotal = I t - S, `
12. Presence of Baseflow
0
1
2
m,
13. Iron oxidizing bacteria
1
��
3
14. Leaf litter
C1.5_
1
0.5
0
15. Sediment an plants or debris
0
0.5
<M�l
1.5
16. Organic debris lines or piles
0
0.5
1.5
17. Soil -based evidence of high water table?
No = 0
C. Biology (Subtotal = N TL_ )
18.flibrous roots in streambed
3
2
1
0
19. Rooted u ants in streambed
3
2
1
0
20. Macrobenthos (note diverse
d-at?undance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1.5
25. Algae
0
0.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: -
r dt .
t✓;ttuca��.vqa_ �_cA,-'
! U ,... " Y> to o�1! .
ROY COOPER
Governer
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Andrea Eckardt
NORTH CAROLINA
Environmental Quality
November 22, 2019
Wildlands Engineering, Inc Johnston County
1430 S. Mint St., Suite 104
Charlotte, NC 28203
(via electronic mail: aeekardt c iwildlandseng.com)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Moccasin Creek Site
Located at 1839 Pine Level Selma Rd, Selena, NC
Neuse 03020201 (not in Falls WS)
Dear Ms. Eckardt,
On January 8, 2019, Katie Merritt, with the Division of Water Resources {DWR}, received a request
from you on behalf of Wildlands Engineering, Inc (WEI) for a site visit near the above -referenced
site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was
to determine the potential for riparian buffer mitigation and nutrient offset within a proposed
Easement Boundary, which is more accurately shown in the attached maps labeled "Figure 4"
prepared by WEI. On February 12, 2019, Ms. Merritt performed a site assessment of the subject site.
Staff with WEI were also present. Site constraints on the property are detailed below:
I . Two existing powerline easements are present — one easement is 100' wide and one easement
is 30' wide;
2. One existing driveway is present;
3, Sewer lines are present but the specific sewer line access easement has not been provided to
DWR;
4. Site is located within the Moccasin Creek drainage district where active maintenance is
performed within Moccasin Creek and its unnamed tributaries (see Exhibit A)
Regarding Item 4 above, DWR is likely to support a riparian restoration project adjacent to moccasin
creek and its associated unnamed tributary, labeled UTI , under the following conditions:
I . A Conservation Easement (CE) must include the top of channel banks and be written in a
way to support the Drainage District's needs within the first 15' from top of bank only. This
will have to include the lateral streams and ditches coming into Moccasin on the site as well
2. The CE must be transferred to a DWR- approved long term steward before receiving the first
credit release.
3. Correspondence must be provided to the Drainage District regarding ## I above
4. Correspondence from the Drainage District to Wildlands must be provided to DWR
acknowledging their acceptance that 15' is the maximum width allowed for a travel -way
within the CE area. Their maintenance contract would need to be updated in response to this,
�
' Norlh Calallna Deparlmenl of Environmental Qualily I Division of Water Resouncea
512 North Salisbury Street t 107 Mall Service Centro I Raleigh, North Carolina 2704 lhli
919.707,90ou
Moccasin Creek Site
Wildlands Engineering, Inc.
November 22, 2019
noting that 15' along areas of Moccasin Creek and laterals at this location, is the maximum
"travel -way".
5. No buffer mitigation or nutrient offset credits can be generated within the first 15' from top
of bank.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240,
Feature
( azuxjGcaUm
'Subject
RiVarian Land uses
Suffer
zNuirient
Mitigation TIUC Dgt=ina '" WIln
riparian areas
ansit€
11a
Huffe
adjacent to Feature
Credit
Viable
Onset
Viable
(0.200')
at
1 s-N uer
acre
Moccasin
Stream
Yes
Left Bank (nor located
;Yes
Yes ( right
Left Bank/non-forested - Restoration
Creek
within the proposed project
bank only)
Site per 15A NCAC 02B .0295 (n)
batrndaryl-Mostly non -
forested & non-agricultural
Left Bank/forested - Preservation Site
fields upstream with mature
per 15A NCAC 028.0295 (a)(5)
forest downstream and a
sewer line easement
Right Bank/Fields - Restoration Site
per 15A NCAC 02B .0295 (n)
Right Bank- Non -forested
agricultural fields
*sewer easement must be located outside
of Zone 1 & be in full compliance with
15A NCAC 02B .0295 (1)(4)(A-C)
A
Ditch
No
Dion -forested agricultural
*see note
Yes
Restoration Site per 15A NCAC 02B
fields
.0295 (o)(8)
*Buffer Mitigation Note — Assessment
concludes the ditch meets 15A NCAC
02B .0295 (o)(8) (A, B, C, & E). More
information is required to be provided
in a mitigation plan for complete
assessment. See rule.
UTI
Stream
Yes
Non -forested agricultural
Yes
Yes
Restoration Site per 15A NCAC 02B
fields, driveway parallel to
.0295 (n)
left bank, and a sewer line
easement present
driveway path must be removed outside of
the project area to receive credit
Trash was located in the
stream and should be
*sewer easement must be located outside
removed
of Zone 1 & be in full compliance with
15A NCAC 020,0295 0)(4)(A-C)
'Subjectivity calls for the features were determined by DWR in correspondence dated March 5,.2419 using the I :24,000 scale
quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS .
2 NC Division of Water Resources - Methodology and Calculations for- detemdning Nutrient Reductions associared with Riparian Bet fer
Establishment
11he area of preservation credit within a butler 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 I5A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
Page 2 of 3
Moccasin Creek Site
Wildlands Engineering, Inc.
November 22, 2019
Maps that are attached to this letter were prepared by WEI and initialed by Ms. Merritt on November
22, 2019.
This letter does not constitute an approval of this site to generate mitigation credits, Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on November 22, 2021 or upon the submittal of an As -
Built Report to the DVWR, whichever comes first. This letter should be provided in any
nutrient offset, buffer, stream or wetland mitigation plans for this Site
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
Sincerely,
MH/kym
Attachments: Figure 2, Exhibit A
cc: File Copy (Katie Merritt)
Mae Haupt, Acting Supervisor
� , /2401 and Buffer Permitting Branch
Page 3 of 3
Project Location
------ Sanitary Sewer Line
Proposed Conservation Easement Boundary
Non -Project Streams
Topographic Contours (2')
Project Streams
Project Ditches
• Manholes
i
Sewer Location Assumed from
♦, • I��
� Approximate Locations of Field
Located Sanitary Sewer Manholes.
`�( + 30' Powerfine Not All Manholes Located.
1< Easement Break �= 6 z
100' Powerline •� 50' driveway �S
Easement Break - Easement Break j}
h
ij�� I\ • r aR
` /7Ilk-
fill 4.�. 'fie
or
�.44L at ION
Figure 2 Site Map
W I L, D L, A N D S 0 250 500 F et Moccasin Creek Mitigation Site
E N G I N E E R I N G Neuse River Basin (03020201)
l Johnston County, NC
EXHIBIT A
MAINTENANCE SPECIFICATIONS -MOCCASIN CREEK
The work to be bid consists of approximately 22.4 miles of maintenance work on
the Moccasin Creek Watershed Project extending from just west of US 301 north of
Selma, past the town of Pine Level, to a point designated as the headwaters of Holt's
Pond near Princeton in Johnston County, North Carolina. The maintenance work will
consist of the following:
The morning of all travel -ways (travel -way herein defined as that area on which
spoil was placed when excavation originally occurred, the spoil being shaped to
allow access) on the main and all laterals in the watershed project. The amount to
be mowed being the side of the channel from waters edge to the top of the channel
bank and the travel -way area from the top of channel bank to adjacent vegetation
beyond one year of age along the edge of the travel -way. Mowing will be done to
approximately a four inch height on the side slope of the channel. Mowing will
be done on both sides of the channel at the areas shown on the project map. All
channel areas that can be accessed from either side shall have the trees removed
and slope mowed on both sides. The approximate locations of these areas are
shown on the project map. The designated Contracting Officer will determine the
exact location and extent of the work in the field.
2_ The removal of aII debris from the channel. Debris consists of any natural or
manmade material. Natural materials include but are not limited to:
a) Trees that have fallen across the channel whether or not their branches are
in the water.
b) Trees or shrubs fallen in the channel.
c) Beaver dams.
d) Debris pile ups of branches, sticks, etc. in the channel, at culvert pipes.
and at railroad or highway bridges.
e) Trees or shrubs growing below the mean water Iine in the channel.
f) Sandbar excavation not to exceed the original depth of the channel.
Excavation to be done at the discretion and direction of the designated
Contracting Officer.
Manmade materials include but are not limited to:
a) Tires
b) Appliances
c) Railroad ties
d) Cinder blocks 1
e) Wooden pallets Y�
f) Any trash in channel at time of mowing and maintenance. Y
3. The filling of any sink holes or potholes on the travel -way that might restrict
access.
4. All correspondence regarding this project, pre -bid and post -bid will be solely
through the Contracting Officer. Only the Contracting Officer has the authority to
approve a change or deviation from the specifications.
5. Contactor is to contact the Contracting Officer upon completion of each segment.
Contracting Officer will inspect and mark deficiencies. Contracting Officer will
re -inspect when notified that the deficiencies have been corrected.
All trees, shrubs, debris, etc., cut or removed as a result of maintenance work are
to be disposed of according to local and state law and in a manner acceptable to the
Contracting Officer and adjoining landowners. In no situation shall debris be placed on
cropland or other cleared land. Repair of any damage to culverts, drop inlets, or other
pipes as a result of maintenance work is the responsibility of the Contractor and is to be
corrected to the satisfaction of the Contracting Officer. The Contractor will be provided
a reap but the Contractor assumes sole responsibility in determining the extent of
watershed project and the location of the main and all laterals of watershed. Work is not
to be started until all of the following criteria are met.
a) an initial bid acceptance letter is received.
b) a pre -construction conference is attended by the Contractor or a representative
qualified to act on his behalf
c) a written Notice -to -Proceed is received. This Notice shall be received
annually.
Payment for work will be made upon satisfactory inspection by the Contracting Officer.
i t1
F_NT of Tjy�r
Uf Q
7 �
H 3, S�A9
United States Department of the
Project Name
FISH AND WILDLIFE SERVICE
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date:2/17/2020
Self -Certification Letter
Moccasin Creek Buffer Mitigation Bank Parcel
Dear Applicant:
u_ts
FLKEI & W IL➢UF);
SEIIVICE
Interior
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
"no effect" determinations for proposed/listed species and/or
❑✓ proposed/designated critical habitat; and/or
❑ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑✓ "no Eagle Act permit required" determinations for eagles.
Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
"not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at Raleigh@fws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Services
Enclosures - project review package
Species Conclusions Table
Project Name: _Moccasin Creek Mitigation Bank Parcel
Date: 2/17/2020
Species / Resource Name
Conclusion
ESA Section 7 / Eagle Act
Notes / Documentation
Determination
Red -cockaded woodpecker
No suitable habitat
No effect
Field visits in January 2019 found no suitable habitat.
(Picoides borealis)
present
Project area is active row crop.
Neuse River Waterdog
No suitable habitat
No effect
Field visit February 2020 found no suitable habitat. Project
(Necturus lewis►)
present
area is active row crops with banks regularly mowed. No
work proposed in the slow flowing streams on site.
Carolina Madtom
No suitable habitat
No effect
Field visit February 2020 found no suitable habitat. Project
(Notorus furiosus)
present
area is active row crops with banks regularly mowed. No
work proposed in the slow flowing streams on site.
Atlantic pigtoe (Fusconaia
No suitable habitat
No effect
Field visit January 2019 found no suitable habitat. Project
masoni),
present
area is active row crops with banks regularly mowed. No
work proposed in the slow flowing streams on site.
Tar River spinymussel
No suitable habitat
No effect
Field visit January 2019 found no suitable habitat. Project
(Elliptio steinstansana)
present
area is active row crops with banks regularly mowed. No
work proposed in the slow flowing streams on site.
Michaux's sumac (Rhus
Suitable habitat,
No effect
Field visit January 2019 found small areas of suitable habitat
michauxii)
species not present
along the roadway, but no individuals present during field
visit October 2019.
Critical Habitat
None
No effect
Bald Eagle
Unlikely to disturb
No Eagle Act Permit
Not within 660 feet of large bodies of water
nesting bald eagles
Required
Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an
informed decision about impacts in the immediate and surrounding areas.
Andrea Eckardt Pro'ect Manager 2/17/2020
Signature /Title Date
e-
United States Department of the Interior
l FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office L
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To: January 28, 2020
Consultation Code: 04EN2000-2020-SLI-0552
Event Code: 04EN2000-2020-E-01244
Project Name: Moccasin Creek Buffer Mitigation Bank Parcel
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
01/28/2020 Event Code: 04EN2000-2020-E-01244
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at john_ellis@fws.gov.
01/28/2020 Event Code: 04EN2000-2020-E-01244
Attachment(s):
■ Official Species List
01/28/2020 Event Code: 04EN2000-2020-E-01244
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
01/28/2020 Event Code: 04EN2000-2020-E-01244 2
Project Summary
Consultation Code: 04EN2000-2020-SLI-0552
Event Code: 04EN2000-2020-E-01244
Project Name: Moccasin Creek Buffer Mitigation Bank Parcel
Project Type: LAND - RESTORATION / ENHANCEMENT
Project Description: This is a 16.2 acre riparian buffer mitigation project. There will be no
work in the stream, just planting of trees within an existing agricultural
field. This is proposed as a mitigation bank under the State of NC buffer
mitigation rules.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/place/35.51935927314052N78.25180330112119W
Counties: Johnston, NC
01/28/2020 Event Code: 04EN2000-2020-E-01244 3
Endangered Species Act Species
There is a total of 6 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME STATUS
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME STATUS
Neuse River Waterdog Necturus lewisi Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened
Species profile: https:Hecos.fws.gov/ecp/species/6772
Fishes
NAME
STATUS
Carolina Madtom Noturus furiosus Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered
Species profile: https:Hecos.fws.gov/ecp/species/528
01/28/2020 Event Code: 04EN2000-2020-E-01244 4
Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
Proposed
There is proposed critical habitat for this species. Your location is outside the critical habitat.
Threatened
Species profile: https:Hecos.fws.gov/ecp/species/5164
Tar River Spinymussel Elliptio steinstansana
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1392
Flowering Plants
NAME
STATUS
Michaux's Sumac Rhus michauxii
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5217
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
Andrea Eckardt
From: Wells, Emily N <emily_wells@fws.gov>
Sent: Tuesday, February 18, 2020 3:54 PM
To: Andrea Eckardt; Mann, Leigh
Subject: Re: DUE DATE: MARCH 12, 2020 Fw: Online Project Review Certification Letter MOCCASIN CREEK
BUFFER MITIGATION SITE
Hi Andrea,
Thank you for the information. We would concur with your determination letter.
Thank you,
Emily
From: Mann, Leigh <leigh_mann@fws.gov> on behalf of Raleigh, FW4 <raleigh@fws.gov>
Sent: Tuesday, February 18, 2020 9:12 AM
To: Wells, Emily N <emily_wells@fws.gov>
Subject: DUE DATE: MARCH 12, 2020 Fw: Online Project Review Certification Letter MOCCASIN CREEK BUFFER
MITIGATION SITE
From: Andrea Eckardt <aeckardt@wildlandseng.com>
Sent: Monday, February 17, 2020 9:27 PM
To: Raleigh, FW4 <raleigh@fws.gov>
Subject: [EXTERNAL] Online Project Review Certification Letter
Attached is the completed Online Project Review Certification Package for the Moccasin Creek Buffer Mitigation Site.
The Buffer Mitigation Site is located in Johnston County, NC and consists of planting trees and shrubs within the riparian
buffer of Moccasin Creek and one unnamed tributary.
The package includes Official Species List from IPaC, the completed Species Conclusion Table and the Self Certification
Letter.
Please let me know if you need any additional information.
Thank you
Andrea
Andrea S. Eckardt I Ecological Assessment Team Leader
704.332.7754 x101
Wildlands Engineering, Inc.
1430 S. Mint St, Suite 104
Charlotte, NC 28203
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
February 14, 2020
Andrea Eckardt
Office of Archives and History
Deputy Secretary Kevin Cherry
aeckardt@vildlandseng.com
1430 South Mint Street
Suite 104
Charlotte, NC 28203
Re: Moccasin Creek Mitigation Bank Parcel, Johnston County, ER 20-0191
Dear Ms. Eckardt:
Thank you for your January 22, 2020, submission concerning the above -referenced project. We have
reviewed the materials provided and offer the following comments.
Two previously recorded pre -colonial American Indian archaeological sites (31JT78 and 31JT79) are located
within the subject property. These sites have not been assessed to determine their eligibility for listing in the
National Register of Historic Places. Both sites are in the floodplain south of the project. However, the
boundaries for site 31JT78 may extend into the subject easement areas.
Ground disturbance as proposed within the subject easement areas should have no effect on sites 31JT78
and 31JT79. However, should access roads or additional ground disturbing activities be planned, we request
engineering specifications be submitted to us for review.
In addition, the Crocker Cemetery is located on property immediately southwest of the project area along
Pine Level -Selma Road. The cemetery appears to be well marked and should not be directly impacted by
ground disturbance. However, we recommend heightened caution during ground -disturbing activities in the
vicinity of the cemetery.
Please note that cemeteries are protected under NC General Statutes Chapter 14-148 and 14-149 and are
afforded consideration under Chapter 65. Should human remains be discovered in the vicinity of 31JT78 and
31JT79 or anywhere else in the project area, the provisions of North Carolina General Statute Chapter 70,
Article 3 apply. All ground disturbing activities should immediately cease, and the county medical examiner
should be contacted.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or
environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
(1� )JtauLtQA�-
amona Bartos, Deputy
State Historic Preservation Officer
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You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) hnston County. State of Forth Carolina DOT, Bri, III...
Moccasin Creek Mitigation Site
W. Main Street
Selma, NC 27576
Inquiry Number: 5934333.2s
January 14, 2020
6 Armstrong Road, 4th floor
Shelton, CT 06484
Toll Free: 800.352.0050
(rEDR www.edrnet.com
FORM-LBD-CCA
TABLE OF CONTENTS
SECTION
PAGE
Executive Summary
ES1
Overview Map-----------------------------------------------------------
2
DetailMap--------------------------------------------------------------
3
Map Findings Summary
4
Map Findings
8
Orphan Summary
12
Government Records Searched/Data Currency Tracking
GR-1
GEOCHECK ADDENDUM
Physical Setting Source Addendum
A-1
Physical Setting Source Summary
A-2
Physical Setting SSURGO Soil Map-------------------------------------------
A-5
Physical Setting Source Map------------------------------------------------
A-19
Physical Setting Source Map Findings
A-21
Physical Setting Source Records Searched
PSGR-1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL
ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE,
ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor
should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property. Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other
trademarks used herein are the property of their respective owners.
TC5934333.2s Page 1
EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
W. MAIN STREET
SELMA, NC 27576
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator:
UTM X (Meters):
UTM Y (Meters):
Elevation:
35.5167620 - 35° 31' 0.34"
78.2481070 - 78° 14' 53.18"
Zone 17
749563.1
3933636.8
148 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map:
Version Date:
Southeast Map:
Version Date:
Southwest Map:
Version Date:
Northwest Map:
Version Date:
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from:
Source:
5948600 KENLY WEST, NC
2013
5948616 PRINCETON, NC
2013
5948590 FOUR OAKS NE, NC
2013
5948620 SELMA, NC
2013
20140525,20141018
USDA
TC5934333.2s EXECUTIVE SUMMARY 1
MAPPED SITES SUMMARY
Target Property Address:
W. MAIN STREET
SELMA, NC 27576
Click on Map ID to see full detail.
MAP RELATIVE DIST (ft. & mi.)
ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION
1 PINE LEVEL LIFT STAT N. PEEDIN AVE. LUST, IMD Higher 189, 0.036, SE
LITTLE BEE FOOD MART HWY 70A IMD Higher 1924, 0.364, South
5934333.2s Page 2
EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL National Priority List
Proposed NPL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Proposed National Priority List Sites
NPL LIENS___________________ Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY ---------- Federal Facility Site Information listing
SEMS________________________ Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS------------------ Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF----------------- RCRA - Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG RCRA - Large Quantity Generators
RCRA-SQG------------------ RCRA- Small Quantity Generators
RCRA-VSQG----------------- RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity
Generators)
Federal institutional controls / engineering controls registries
LUCIS________________________ Land Use Control Information System
TC5934333.2s EXECUTIVE SUMMARY 3
EXECUTIVE SUMMARY
US ENG CONTROLS --------- Engineering Controls Sites List
US INST CONTROL_________ Sites with Institutional Controls
Federal ERNS list
ERNS Emergency Response Notification System
State- and tribal - equivalent NPL
NC HSDS____________________ Hazardous Substance Disposal Site
State- and tribal - equivalent CERCLIS
SHWS------------------------ Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF List of Solid Waste Facilities
DEBRIS______________________ Solid Waste Active Disaster Debris Sites Listing
OLI___________________________ Old Landfill Inventory
LCID Land -Clearing and Inert Debris (LCID) Landfill Notifications
State and tribal leaking storage tank lists
LAST_________________________ Leaking Aboveground Storage Tanks
INDIAN LUST________________ Leaking Underground Storage Tanks on Indian Land
LUST TRUST State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST___________________ Underground Storage Tank Listing
UST__________________________ Petroleum Underground Storage Tank Database
AST AST Database
INDIAN UST ------------------ Underground Storage Tanks on Indian Land
State and tribal institutional control / engineering control registries
INST CONTROL -------------- No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
INDIAN VCP Voluntary Cleanup Priority Listing
VCP__________________________ Responsible Party Voluntary Action Sites
State and tribal Brownfields sites
BROWNFIELDS______________ Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
SWRCY______________________ Recycling Center Listing
TC5934333.2s EXECUTIVE SUMMARY 4
EXECUTIVE SUMMARY
HIST LF______________________ Solid Waste Facility Listing
INDIAN ODI__________________ Report on the Status of Open Dumps on Indian Lands
DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations
ODI__________________________ Open Dump Inventory
IHS OPEN DUMPS___________ Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL Delisted National Clandestine Laboratory Register
US CDL______________________ National Clandestine Laboratory Register
Local Land Records
LIENS 2______________________ CERCLA Lien Information
Records of Emergency Release Reports
HMIRS
Hazardous Materials Information Reporting System
SPILLS_______________________
Spills Incident Listing
SPILLS 90--------------------
SPILLS 90 data from FirstSearch
SPILLS 80
SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen / NLR---------
RCRA - Non Generators / No Longer Regulated
FUDS________________________
Formerly Used Defense Sites
DOD
Department of Defense Sites
SCRD DRYCLEANERS______-
State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR---------------
Financial Assurance Information
EPA WATCH LIST
EPA WATCH LIST
2020 COR ACTION_ _ _ _ _ _ _ _
_ _. 2020 Corrective Action Program List
TSCA________________________
Toxic Substances Control Act
TRIS
Toxic Chemical Release Inventory System
SSTS-------------------------
Section 7 Tracking Systems
ROD_________________________
Records Of Decision
RMP
Risk Management Plans
RAATS_______________________
RCRA Administrative Action Tracking System
PRP__________________________
Potentially Responsible Parties
PADS
PCB Activity Database System
ICIS__________________________
Integrated Compliance Information System
FTTS_________________________
FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS________________________
Material Licensing Tracking System
COAL ASH DOE --------------
Steam -Electric Plant Operation Data
COAL ASH EPA -
Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER________
PCB Transformer Registration Database
RADINFO____________________
Radiation Information Database
HIST FTTS
FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS____________________
Incident and Accident Data
CONSENT___________________
Superfund (CERCLA) Consent Decrees
INDIAN RESERV
Indian Reservations
FUSRAP_____________________
Formerly Utilized Sites Remedial Action Program
UMTRA______________________
Uranium Mill Tailings Sites
LEAD SMELTERS
Lead Smelter Sites
US AIRS_____________________
Aerometric Information Retrieval System Facility Subsystem
TC5934333.2s EXECUTIVE SUMMARY 5
EXECUTIVE SUMMARY
US MINES --------------------
Mines Master Index File
ABANDONED MINES________
Abandoned Mines
FINDS
Facility Index System/Facility Registry System
ECHO ------------------------
Enforcement & Compliance History Information
DOCKET HWC_______________
Hazardous Waste Compliance Docket Listing
UXO
Unexploded Ordnance Sites
FUELS PROGRAM___________
EPA Fuels Program Registered Listing
AIRS_________________________
Air Quality Permit Listing
ASBESTOS
ASBESTOS
COAL ASH___________________
Coal Ash Disposal Sites
DRYCLEANERS--------------
Drycleaning Sites
Financial Assurance
Financial Assurance Information Listing
NPDES-----------------------
NPDES Facility Location Listing
UIC---------------------------
Underground Injection Wells Listing
AOP
Animal Operation Permits Listing
PCSRP-----------------------
Petroleum -Contaminated Soil Remediation Permits
CCB--------------------------
Coal Ash Structural Fills (CCB) Listing
MINES MRDS
Mineral Resources Data System
SEPT HAULERS_____________
Permitted Septage Haulers Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP____________________ EDR Proprietary Manufactured Gas Plants
EDR Hist Auto EDR Exclusive Historical Auto Stations
EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _. EDR Exclusive Historical Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS-------------------- Recovered Government Archive State Hazardous Waste Facilities List
RGA LF Recovered Government Archive Solid Waste Facilities List
RGA LUST___________________ Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were identified in the following databases
Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on
a relative (not an absolute) basis. Relative elevation information between sites of close proximity
should be field verified. Sites with an elevation equal to or higher than the target property have been
differentiated below from sites with an elevation lower than the target property.
Page numbers and map identification numbers refer to the EDR Radius Map report where detailed
data on individual sites can be reviewed.
Sites listed in bold italics are in multiple databases.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC5934333.2s EXECUTIVE SUMMARY 6
EXECUTIVE SUMMARY
STANDARD ENVIRONMENTAL RECORDS
State and tribal leaking storage tank lists
LUST: The Leaking Underground Storage Tank Incidents Management Database contains an inventory
of reported leaking underground storage tank incidents. The data come from the Department of Environment, &
Natural Resources' Incidents by Address.
A review of the LUST list, as provided by EDR, and dated 08/02/2019 has revealed that there is 1 LUST
site within approximately 0.5 miles of the target property.
Equal/Higher Elevation Address Direction / Distance Map ID
PINE LEVEL LIFT STAT N. PEED/N AVE. SE 0 - 118 (0.036 mi.) 1
Incident Phase: Closed Out
Incident Number: 22874
Current Status: File Located in Archives
ADDITIONAL ENVIRONMENTAL RECORDS
Records of Emergency Release Reports
IMD: Incident Management Database.
A review of the IMD list, as provided by EDR, and dated 07/21/2006 has revealed that there are 2 IMD
sites within approximately 0.5 miles of the target property.
Eaual/Higher Elevation Address Direction / Distance Map ID
PINE LEVEL LIFT STAT
Facility Id: 22874
LITTLE BEE FOOD MART
Facility Id: 6933
N. PEED/N AVE.
HWY 70A
SE 0 - 118 (0.036 mi.)
S 1/4 - 1/2 (0.364 mi.)
1
6
Page
8
Page
8
10
TC5934333.2s EXECUTIVE SUMMARY 7
EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC5934333.2s EXECUTIVE SUMMARY 8
OVERVIEW MAP - 5934333.2S
i _,,.
TF y
r
r ` i
Target Property
Sites at elevations higher than
or equal to the target property
♦
Sites at elevations lower than
the target property
1
Manufactured Gas Plants
National Priority List Sites
Dept. Defense Sites
NZx',
P Y''
b
�A .` •, 11
0 IFAr l f'�� .\• t
F
l
r
f
it
0 1/4 1/2 1 Mlles
Indian Reservations BIA Hazardous Substance
Power transmission lines Disposal Sites
Special Flood Hazard Area (1%)
0.2% Annual Chance Flood Hazard
National Wetland Inventory
State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Moccasin Creek Mitigation Site CLIENT: Wildlands Eng, Inc.
ADDRESS: W. Main Street CONTACT: Andrea Eckardt
Selma NC 27576 INQUIRY #: 5934333.2s
LAT/LONG: 35.516762 / 78.248107 DATE: January 14, 2020 1:35 pm
Copyright,o 2020 EDR, Inc. (c) 2015 TornTom Rel. 2015.
DETAIL MAP - 5934333.2S
q
Target Property
o 7i8
a lnunes
Sites at elevations higher than
or equal to the target property
Indian Reservations BIA
Hazardous Substance
♦
Sites at elevations lower than
Power transmission lines
Disposal Sites
the target property
National Wetland Inventory
1
Manufactured Gas Plants
State Wetlands
r
Sensitive Receptors
National Priority List Sites
Dept. Defense Sites
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Moccasin Creek Mitigation Site CLIENT: Wildlands Eng, Inc.
ADDRESS: W. Main Street CONTACT: Andrea Eckardt
Selma NC 27576 INQUIRY #: 5934333.2s
LAT/LONG: 35.516762 / 78.248107 DATE: January 14, 2020 1:38 pm
Copyright,o 2020 EDR, Inc. (c) 2015 TornTom Rel. 2015.
MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database (Miles) Property
< 1/8
1/8-1/4
1/4-1/2
1/2-1
> 1
Plotted
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL 1.000
0
0
0
0
NR
0
Proposed NPL 1.000
0
0
0
0
NR
0
NPL LIENS 1.000
0
0
0
0
NR
0
Federal Delisted NPL site list
Delisted NPL 1.000
0
0
0
0
NR
0
Federal CERCLIS list
FEDERAL FACILITY 0.500
0
0
0
NR
NR
0
SEMS 0.500
0
0
0
NR
NR
0
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE 0.500
0
0
0
NR
NR
0
Federal RCRA CORRACTS facilities list
CORRACTS 1.000
0
0
0
0
NR
0
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF 0.500
0
0
0
NR
NR
0
Federal RCRA generators list
RCRA-LQG 0.250
0
0
NR
NR
NR
0
RCRA-SQG 0.250
0
0
NR
NR
NR
0
RCRA-VSQG 0.250
0
0
NR
NR
NR
0
Federal institutional controls /
engineering controls registries
LUCIS 0.500
0
0
0
NR
NR
0
US ENG CONTROLS 0.500
0
0
0
NR
NR
0
US INST CONTROL 0.500
0
0
0
NR
NR
0
Federal ERNS list
ERNS 0.001
0
NR
NR
NR
NR
0
State- and tribal - equivalent NPL
NC HSDS 1.000
0
0
0
0
NR
0
State- and tribal - equivalent CERCLIS
SHWS 1.000
0
0
0
0
NR
0
State and tribal landfill and/or
solid waste disposal site lists
SWF/LF 0.500
0
0
0
NR
NR
0
DEBRIS 0.500
0
0
0
NR
NR
0
OLI 0.500
0
0
0
NR
NR
0
LCID 0.500
0
0
0
NR
NR
0
TC5934333.2s Page 4
MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database (Miles) Property
< 1/8
1/8-1/4
1/4-1/2
1/2-1
> 1
Plotted
State and tribal leaking storage tank lists
LAST 0.500
0
0
0
NR
NR
0
LUST 0.500
1
0
0
NR
NR
1
INDIAN LUST 0.500
0
0
0
NR
NR
0
LUST TRUST 0.500
0
0
0
NR
NR
0
State and tribal registered storage tank lists
FEMA UST 0.250
0
0
NR
NR
NR
0
UST 0.250
0
0
NR
NR
NR
0
AST 0.250
0
0
NR
NR
NR
0
INDIAN UST 0.250
0
0
NR
NR
NR
0
State and tribal institutional
control / engineering control registries
INST CONTROL 0.500
0
0
0
NR
NR
0
State and tribal voluntary cleanup sites
INDIAN VCP 0.500
0
0
0
NR
NR
0
VCP 0.500
0
0
0
NR
NR
0
State and tribal Brownfields sites
BROWNFIELDS 0.500
0
0
0
NR
NR
0
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS 0.500
0
0
0
NR
NR
0
Local Lists of Landfill / Solid
Waste Disposal Sites
SWRCY 0.500
0
0
0
NR
NR
0
HIST LF 0.500
0
0
0
NR
NR
0
INDIAN ODI 0.500
0
0
0
NR
NR
0
DEBRIS REGION 9 0.500
0
0
0
NR
NR
0
ODI 0.500
0
0
0
NR
NR
0
IHS OPEN DUMPS 0.500
0
0
0
NR
NR
0
Local Lists of Hazardous waste /
Contaminated Sites
US HIST CDL 0.001
0
NR
NR
NR
NR
0
US CDL 0.001
0
NR
NR
NR
NR
0
Local Land Records
LIENS 2 0.001
0
NR
NR
NR
NR
0
Records of Emergency Release Reports
HMIRS 0.001
0
NR
NR
NR
NR
0
SPILLS 0.001
0
NR
NR
NR
NR
0
IMD 0.500
1
0
1
NR
NR
2
TC5934333.2s Page 5
MAP FINDINGS SUMMARY
Search
Distance
Target
Total
Database
(Miles)
Property < 1/8
1/8-1/4
1/4-1/2
1/2-1
> 1
Plotted
SPILLS 90
0.001
0
NR
NR
NR
NR
0
SPILLS 80
0.001
0
NR
NR
NR
NR
0
Other Ascertainable Records
RCRA NonGen / NLR
0.250
0
0
NR
NR
NR
0
FUDS
1.000
0
0
0
0
NR
0
DOD
1.000
0
0
0
0
NR
0
SCRD DRYCLEANERS
0.500
0
0
0
NR
NR
0
US FIN ASSUR
0.001
0
NR
NR
NR
NR
0
EPA WATCH LIST
0.001
0
NR
NR
NR
NR
0
2020 COR ACTION
0.250
0
0
NR
NR
NR
0
TSCA
0.001
0
NR
NR
NR
NR
0
TRIS
0.001
0
NR
NR
NR
NR
0
SSTS
0.001
0
NR
NR
NR
NR
0
ROD
1.000
0
0
0
0
NR
0
RMP
0.001
0
NR
NR
NR
NR
0
RAATS
0.001
0
NR
NR
NR
NR
0
PRP
0.001
0
NR
NR
NR
NR
0
PADS
0.001
0
NR
NR
NR
NR
0
ICIS
0.001
0
NR
NR
NR
NR
0
FTTS
0.001
0
NR
NR
NR
NR
0
MLTS
0.001
0
NR
NR
NR
NR
0
COAL ASH DOE
0.001
0
NR
NR
NR
NR
0
COAL ASH EPA
0.500
0
0
0
NR
NR
0
PCB TRANSFORMER
0.001
0
NR
NR
NR
NR
0
RADINFO
0.001
0
NR
NR
NR
NR
0
HIST FTTS
0.001
0
NR
NR
NR
NR
0
DOT OPS
0.001
0
NR
NR
NR
NR
0
CONSENT
1.000
0
0
0
0
NR
0
INDIAN RESERV
1.000
0
0
0
0
NR
0
FUSRAP
1.000
0
0
0
0
NR
0
UMTRA
0.500
0
0
0
NR
NR
0
LEAD SMELTERS
0.001
0
NR
NR
NR
NR
0
US AIRS
0.001
0
NR
NR
NR
NR
0
US MINES
0.250
0
0
NR
NR
NR
0
ABANDONED MINES
0.250
0
0
NR
NR
NR
0
FINDS
0.001
0
NR
NR
NR
NR
0
ECHO
0.001
0
NR
NR
NR
NR
0
DOCKET HWC
0.001
0
NR
NR
NR
NR
0
UXO
1.000
0
0
0
0
NR
0
FUELS PROGRAM
0.250
0
0
NR
NR
NR
0
AIRS
0.001
0
NR
NR
NR
NR
0
ASBESTOS
0.001
0
NR
NR
NR
NR
0
COAL ASH
0.500
0
0
0
NR
NR
0
DRYCLEANERS
0.250
0
0
NR
NR
NR
0
Financial Assurance
0.001
0
NR
NR
NR
NR
0
NPDES
0.001
0
NR
NR
NR
NR
0
UIC
0.001
0
NR
NR
NR
NR
0
AOP
0.001
0
NR
NR
NR
NR
0
PCSRP
0.500
0
0
0
NR
NR
0
CCB
0.500
0
0
0
NR
NR
0
TC5934333.2s Page 6
MAP FINDINGS SUMMARY
Search
Distance Target
Database (Miles) Property
MINES MRDS 0.001
SEPT HAULERS 0.001
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP 1.000
EDR Hist Auto 0.125
EDR Hist Cleaner 0.125
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS 0.001
RGA LF 0.001
RGA LUST 0.001
- Totals -- 0
NOTES:
TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
< 1 /8
1/8-1/4
1/4-1/2
1/2-1
> 1
0
NR
NR
NR
NR
0
NR
NR
NR
NR
Total
Plotted
0
0
0 0
0
0
NR 0
0 NR
NR
NR
NR 0
0 NR
NR
NR
NR 0
0 NR
NR
NR
NR 0
0 NR
NR
NR
NR 0
0 NR
NR
NR
NR 0
2 0
1
0
0 3
TC5934333.2s Page 7
Map ID
Direction
Distance
Elevation Site
MAP FINDINGS
EDR ID Number
Database(s) EPA ID Number
1 PINE LEVEL LIFT STATION LUST S105120011
SE N. PEEDIN AVE. IMD N/A
< 1/8 PINE LEVEL, NC 27568
0.036 mi.
189 ft.
Relative: LUST:
Higher Name: PINE LEVEL LIFT STATION
Actual: Address: N. PEEDIN AVE.
161 ft. City,State,Zip: PINE LEVEL, NC 27568
Facility ID: 00-0-000
UST Number: FA-1227
Incident Number: 22874
Contamination Type: GW
Source Type: Leak -underground
Product Type: P
Date Reported: 01/17/1996
Date Occur: 12/17/1996
Cleanup: 12/17/1996
Closure Request: Not reported
Close Out: 02/05/2003
Level Of Soil Cleanup Achieved: Not reported
Tank Regulated Status: R
# Of Supply Wells: 0
Commercial/NonCommercial UST Site: COMMERCIAL
Risk Classification: L
Risk Class Based On Review: L
Corrective Action Plan Type: Not reported
NOV Issue Date: Not reported
NORR Issue Date: Not reported
Site Priority: Not reported
Phase Of LSA Req: Not reported
Site Risk Reason: Not reported
Land Use: Industrial/commercial
MTBE: No
MTBE1: Unknown
Flag: No
Flag1: No
LUR Filed: Not reported
Release Detection: 0
Current Status: File Located in Archives
RBCA GW: Not reported
PETOPT: 3
RPL: False
CD Num: 241
Reel Num: 0
RPOW: False
RPOP: False
Error Flag: 0
Error Code: N
Valid: False
Lat/Long Decimal: 35.5137-78.2434
Testlat: Not reported
Regional Officer Project Mgr: NPM
Region: FAY
Company: JOHNSTON CO PUBLIC UTILITIES
Contact Person: JAY CARTER
Telephone: 9199895075
RP Address: 126 S. THIRD ST.
TC5934333.2s Page 8
Map ID
MAP FINDINGS
Direction
Distance
EDR ID Number
Elevation
Site
Database(s) EPA ID Number
PINE LEVEL LIFT STATION
(Continued) S105120011
RP City,St,Zip:
SMITHFIELD, NC 27577
RP County:
JOHNSTON
Comments:
Review of Closure Report and additional info resulted in NFA letter
due to no constituents above action level. File pulled for archiving
6/13/2006
5 Min Quad:
Not reported
PIRF:
Facility Id:
22874
Date Occurred:
12/17/1996
Date Reported:
2/8/2001
Description Of Incident:
GROUNDWATER AND SOIL CONTAMINATION DISCOVERED DURING UST REMOVAL
Owner/Operator:
JAY CARTER
Ownership:
4
Operation Type:
5
Type:
3
Location:
1
Site Priority:
U
Priority Update:
2/8/2001
Wells Affected Y/N:
N
Samples Include:
Not reported
7#5 Minute Quad:
Not reported
5 Minute Quad:
Not reported
Pirf/Min Soil:
Not reported
Release Code:
Not reported
Source Code:
Not reported
Err Type:
2
Cause:
Not reported
Source:
C
Ust Number:
C
Last Modified:
2/5/2003
Incident Phase:
Closed Out
NOV Issued:
Not reported
NORR Issued:
Not reported
45 Day Report:
Not reported
Public Meeting Held:
Not reported
Corrective Action Planned: Not reported
SOC Signed:
Not reported
Reclassification Report:
Not reported
IRS Designation:
Not reported
Closure Request Date:
Not reported
Close-out Report:
Not reported
Click here to access the North Carolina DEQ records for this facility:
IMD:
Region:
RAL
Facility ID:
22874
Date Occurred:
12/17/1996
Submit Date:
2/8/2001
GW Contam:
Yes, Groundwater Contamination has been detected
Soil Contam:
No
Incident Desc:
GROUNDWATER AND SOIL CONTAMINATION DISCOVERED DURING UST REMOVAL
Operator:
JAY CARTER
Contact Phone:
9199895075
Owner Company: JOHNSTON CO PUBLIC UTILITIES
TC5934333.2s Page 9
Map ID MAP FINDINGS
Direction
Distance
Elevation Site
PINE LEVEL LIFT STATION (Continued)
Operator Address:126 S. THIRD ST.
Operator City: SMITHFIELD
Oper City,St,Zip: SMITHFIELD, NC 27577
Ownership: Private
Operation:
Industrial
Material:
Not reported
Qty Lost 1:
Not reported
Qty Recovered 1:
Not reported
Source:
Leak -underground
Type:
Gasoline/diesel
Location:
Facility
Setting:
Rural
Risk Site:
I
Site Priority:
U
Priority Code:
Not reported
Priority Update:
2/8/2001
Dem Contact:
RFH
Wells Affected:
No
Num Affected:
Not reported
Wells Contam:
Not reported
Sampled By:
Not reported
Samples Include:
Not reported
7.5 Min Quad:
Not reported
5 Min Quad:
Not reported
Latitude:
Not reported
Longitude:
Not reported
Latitude Number:
Not reported
Longitude Number:
Not reported
Latitude Decimal:
Not reported
Longitude Decimal: Not reported
GPS:
NOD
Agency:
DWM
Facility ID:
22874
Last Modified:
2/5/2003
Incident Phase:
Closed Out
NOV Issued:
Not reported
NORR Issued:
Not reported
45 Day Report:
Not reported
Public Meeting Held: Not reported
Corrective Action
Planned: Not reported
SOC Sighned:
Not reported
Reclassification Report: Not reported
IRS Designation:
Not reported
Closure Request Date: Not reported
Close-out Report:
Not reported
2
LITTLE BEE FOOD MART
South
HWY 70A
1/4-1/2
PINE LEVEL, NC
0.364 mi.
1924 ft.
Relative:
IMD:
Higher
Region:
RAL
Actual:
Facility ID:
6933
171 ft.
Date Occurred:
8/28/1991
Submit Date:
9/16/1991
EDR ID Number
Database(s) EPA ID Number
S105120011
IMD S101523260
N/A
TC5934333.2s Page 10
Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
LITTLE BEE FOOD MART (Continued) S101523260
GW Contam: Yes, Groundwater Contamination has been detected
Soil Contam: No
Incident Desc: PRODUCT FOUND IN MONITORING WELL.
Operator:
DONNY CROCKES/BUSY BEE OIL CO.
Contact Phone:
Not reported
Owner Company:
Not reported
Operator Address:105
W. PINE ST.
Operator City:
PINE LEVEL
Oper City,St,Zip:
PINE LEVEL, NC 27568
Ownership:
Private
Operation:
Commercial
Material:
GASOLINE
Qty Lost 1:
Not reported
Qty Recovered 1:
Not reported
Material:
DIESEL
Qty Lost:
Not reported
Qty Recovered:
Not reported
Material:
KEROSENE
Qty Lost:
Not reported
Qty Recovered 3:
Not reported
Source:
Leak -underground
Type:
Gasoline/diesel
Location:
Facility
Setting:
Not reported
Risk Site:
H
Site Priority:
110A
Priority Code:
H
Priority Update:
4/16/1998
Dem Contact:
RFH
Wells Affected:
No
Num Affected:
0
Wells Contam:
Not reported
Sampled By:
Responsible Parties
Samples Include:
Soil Samples
7.5 Min Quad:
Not reported
5 Min Quad:
Not reported
Latitude:
35.50944444
Longitude:
-78.2475
Latitude Number:
353034
Longitude Number:
781451
Latitude Decimal:
35.5094444444444
Longitude Decimal: 78.2475
GPS:
7
Agency:
DWM
Facility ID:
6933
Last Modified:
Not reported
Incident Phase:
RE
NOV Issued:
Not reported
NORR Issued:
Not reported
45 Day Report:
Not reported
Public Meeting Held: Not reported
Corrective Action
Planned: Not reported
SOC Sighned:
Not reported
Reclassification Report: Not reported
IRS Designation:
Not reported
Closure Request Date: Not reported
Close-out Report:
Not reported
TC5934333.2s Page 11
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of
, 2020 by and between Daniel F. and Paula S. Kornegay, ("Grantor") and Unique
Places to Save. ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Johnston County,
North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein
("Property") and being a portion of the properties conveyed to the Grantor by deed as recorded in Deed
Book 4039 at Page 385 of the Johnston County Registry, North Carolina (PIN 262414-33-7734, ID
12008024);
WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose is the
conservation of the property and which is qualified to be the Grantee of a conservation easement
pursuant to N.C. Gen. Stat.§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the
Property in its natural state, which includes the following natural communities: unnamed tributaries and
open field ditches to the Neuse River which contribute to the overall water quality of the hydrologic system
and provide enhanced wildlife habitat once the vegetated buffers are created. The purpose of this
Conservation Easement is to maintain riparian resources and other natural values of approximately 16.5
acres, more or less, and being more particularly described on a survey in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or
development of the Conservation Easement for any purpose or in any manner that would conflict with the
1
maintenance in its natural condition.
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings III,
LLCs ("Wildlands") Moccasin Creek Mitigation Banking Instrument (DWR #2019-0239v2). The Conservation
Easement Area will be restored to a natural vegetated condition as provided in and specified in the
Moccasin Creek Mitigation Bank Parcel Development Package ("BPDP"). The Moccasin Creek Mitigation
Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued
by the North Carolina Division of Water Resources ("NCDWR") and to provide mitigation for nutrient
offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin.
Grantor and Grantee agree that third party rights of enforcement shall be held by the NCDWR and that
these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking
Instrument.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and
for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs,
successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character
and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B,
together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross,
runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the conservation values
of the Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited,
restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any introduction of non-native plants and/or
animal species is prohibited, except in areas within the Conservation Easement Area where the District has
maintenance rights as conveyed by the Site Viability Letter from the North Carolina Department of
Environmental Quality dated November 22, 2019 (see Exhibit C).
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit,
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line, pier, landing, dock or any other temporary or permanent structure or facility on or above the
Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited in the Conservation Easement
Area.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Conservation Easement Area, except in areas within
the Conservation Easement Area where the District has maintenance rights as conveyed by the Site
Viability Letter from the North Carolina Department of Environmental Quality dated November 22, 2019
(see Exhibit C).
F. Roads and Trails. There shall be no construction of new roads, trails or walkways on the
Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except
the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement
Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement
Area and/or signs identifying the Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement
of underground or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Conservation Easement Area.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage
patterns. In addition, diverting or causing or permitting the diversion of surface or underground water
into, within or out of the Conservation Easement Area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a transferable development
rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access
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for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as
described in the BPDP or by the Drainage District in the identified travel way only as described in Article
VI.
M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area
which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation
Easement Area substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the
right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation
Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in
whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall
specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, successors and assigns, and the
Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the
Conservation Easement Area, in accordance with the Moccasin Creek Bank Parcel Development Package
approved in accordance with the Moccasin Creek Mitigation Banking Instrument.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the right to
enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting
said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is
complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The
Grantee shall also have the right to enter and go upon the Property and the Conservation Easement Area
for purposes of making scientific or educational observations and studies, and taking samples. The
easement rights granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent
any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this
Conservation Easement and to require the restoration of such areas or features of the Conservation
Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to
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correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee
may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive
and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the
term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to
be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The
rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other
rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a
breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall
be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have
the same right to enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from
causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or
third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Drainage District. The Property is located within the Moccasin Creek Drainage District
("Drainage District"), where active maintenance can be performed on Moccasin Creek and its unnamed
tributaries, as authorized by the Drainage District. Per the Site Viability Letter from the North Carolina
Department of Environmental Quality dated November 22, 2019, the Drainage District access to Moccasin
Creek and its tributaries on the Property is limited to a fifteen (15) foot travel -way ("Maintenance Area").
The width and location of the Drainage District's travel -way on the Property was acknowledged by Mr.
Richard D. Braswell, the Chairmen of the Moccasin Creek Service District in a letter dated February 12,
2020. Both letters are included in Exhibit C as well as a map of the "Maintenance Area".
B. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the granting
of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or
other interests in the Property which have not been expressly subordinated to this Conservation Easement.
However, Grantor does warrant that rights of the Drainage District for access and maintenance of the
Maintenance Area is not subordinate to this Conservation Easement. Grantor further warrants that
Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation
Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons.
C. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
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Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Conservation Easement Area. The Grantor agrees to provide written notice to the Grantee of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the
terms of this Conservation Easement shall survive any merger of the fee and easement interests in the
Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated
without the prior written consent and approval of NCDWR.
D. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest
will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code,
and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such
that the transferee or assignee will be required to continue in perpetuity the conservation purposes
described in this document.
E. Entire Agreement and Severability. This instrument sets forth the entire agreement of
the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is found to be
void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and
effect.
F. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability
of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property,
except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply
with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved
Rights.
G. Extinguishment. In the event that changed conditions render impossible the continued use
of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only
be extinguished, in whole or in part, by judicial proceeding.
H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the
exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the
full value of the taking, and all incidental and direct damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Conservation Easement Area is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain,
Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that
the fair market value of this Conservation Easement shall be determined by multiplying the fair market
value of the Conservation Easement Area unencumbered by this Conservation Easement (minus any
increase in value after the date of this grant attributable to improvements) by the ratio of the value of this
easement at the time of this grant to the value of the Conservation Easement Area (without deduction for
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the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall
be the values used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such
a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this
Conservation Easement.
J. Notification. Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
addresses (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor•
Daniel F. and Paula S. Kornegay Jr
610 Worley Road
Princeton, NC 27569
To Grantee•
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
Attention: Conservation and Mitigation Specialist
To NCDWR:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit
Attn: Nutrient Offset Banking Coordinator
1650 Mail Service Center
Raleigh, NC 27699-1650
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after
the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation
Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval by
the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in writing signed
by all parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
M. Present Condition of the Conservation Easement Area.
a. Bank Parcel Development Plan. The wetlands, scenic, resource, environmental, and other
natural characteristics of the Conservation Easement Area, and its current use and state of improvement,
are described in Section 2 of the Bank Parcel Development Package, dated September 2019, prepared by
Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof.
Both Grantor and Grantee have copies of the Bank Parcel Development Package. It will be used by the
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parties to assure that any future changes in the use of the Conservation Easement Area will be consistent
with the terms of this Conservation Easement. However, this report is not intended to preclude the use
of other evidence to establish the present condition of the Conservation Easement Area if there is a
controversy over its use.
b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and
the status of improvements and development shall be described in a Baseline Documentation Report
(the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be
acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the
mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation
project). Both the Grantee and the Grantor will have copies of this report, and a copy will be retained
in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in the
use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
GRANTOR:
By: (SEAL)
Daniel F. Kornegay Jr.
Date:
By: (SEAL)
Paula S. Kornegay
Date:
NORTH CAROLI NA COUNTY OF
I, a Notary Public in and for the County and State aforesaid, do hereby
certify that Daniel F. Kornegay Jr and Paula S. Kornegay, Grantor, personally appeared before me this day
and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
, 2020.
Notary Public
My commission expires:
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above
written.
GRANTEE:
UNIQUE PLACES TO SAVE
Bv:
Jeffrey Fisher, Board Chair
Date:
NORTH CAROLI NA COUNTY OF
(SEAL)
I, a Notary Public in and for the County and State aforesaid, do hereby
certify that Jeffrey Fisher, Grantee, personally appeared before me this day and acknowledged that he is
Board Chair of Unique Places to Save, a non-profit corporation, and that he, as Board Chair, being
authorized to do so, executed the foregoing on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of
.20 .
Notary Public
My commission expires:
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EXHIBIT A
Ij
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EXHIBIT B
A Conservation Easement for Wildlands Engineering, Inc,
"Moccasin Creek Riparian Buffer and Nutrient Offset Mitigation Bank"
Property of Daniel and Paula Kornegay Jr.
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EXHIBIT C
Site Viability Letter from NCDWR and Letter from Moccasin Creek Drainage District and map of
Maintenance Area.
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dodoop signature verification: -h iI i I
V,
ON rz
Unique Places
To Save
June 12, 2020
Andrea Eckardt
Wildlands Engineering, Inc.
1430 Mint St., Suite 104
Charlotte, NC 28203
Dear Ms. Eckardt,
This letter confirms that Unique Places to Save ("UP2S"), a 501(c)3 not -far -profit organization located in the
State of North Carolina, has preliminarily agreed to act as the conservation easement grantee and long-term
steward for the Moccasin Creek Mitigation Project ("Site") located in Johnston County, North Carolina. The Site
consists of an approximate 1 b.5-acre conservation easement area. As the conservation easement grantee and
long-term steward, UP2S has agreed to and shall be responsible for periodic inspection of the Site to ensure
that restrictions required in the conservation easement are enforced and maintained into perpetuity. Specific
responsibilities include:
• Monitoring of the Site is conducted on an annual basis.
• Visits to the Site are coordinated with landowners when possible.
• Annual monitoring reports are sent to the landowners when possible.
• Signage and fencing (if applicable) for the easement boundary is maintained.
• Violations and potential violations of the conservation easement deed are addressed following
protocols contained in the UP2S Conservation Easement Violations Policy.
UP2S shall receive a stewardship endowment and administrative fee from Wildlands Engineering, Inc
("Wildlands"), the Site sponsor, to ensure annual Site inspeiti�� �� �r s omh
and the terms of the conservation
easement are legally defended into perpetuity. `
daHlMpp
09:11 AMko�ef r4&4?w EDT
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VLES6-L02C-MLSR
Jeff Fisher, Board Chair
Unique Places to Save
R*resen# tive Signature
Wildlands ngineering, Inc.
J
Printed Name
G iL 1u
D to
PO Box 1183 • Chapel Hill, NC 27514 . 919-428-2040 info@unigueplacestosave.org