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HomeMy WebLinkAbout20201940 Ver 2_Mitigation Bank Instrument_20210622ID#* 20201940 Version* 2 Select Reviewer:* Katie Merritt Initial Review Completed Date 06/22/2021 Mitigation Project Submittal - 6/22/2021 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer V Nutrient Offset (Select all that apply) Project Contact Information Company/Owner:* Wildlands Engineering Contact Name:* Andrea Eckardt Project Information Project Type: r DMS r Mitigation Bank Project Name: Rosewood Mitigation Site County: Wayne Document Information Email Address:* aeckardt@wildlandseng.com Mitigation Document Type:* Mitigation Bank Instrument File Upload: Rosewood Draft MBI 6.22.21.pdf 307.99KB Rease upload only one RDF of the corrplete file that needs to be subrritted... Signature Print Name:* Andrea Eckardt Signature:* AGREEMENT TO ESTABLISH THE ROSEWOOD MITIGATION BANKING INSTRUMENT IN THE NEUSE RIVER BASIN FOR NUTRIENT OFFSET AND RIPARIAN BUFFER MITIGATION CREDITS PURSUANT TO THE NEUSE RIVER BASIN NUTRIENT MANAGEMENT STRATEGY TABLE OF CONTENTS I. PREAMBLE....................................................... II. LOCATION AND GEOGRAPHIC SERVICE AREA...... III. AUTHORITIES................................................... IV. ESTABLISHMENT OF BANK PARCEL .................... V. BANK PARCEL DEVELOPMENT PACKAGE ............ VI. POST CONSTRUCTION DOCUMENTATION .......... VII. CALCULATION OF MITIGATION CREDITS ............. Vill. CREDIT RELEASE SCHEDULE ............................... IX. PROCEDURE FOR DEBITING AND CREDITING ...... X. BANK PARCEL CLOSURE .................................... XI. GENERAL PROVISIONS ...................................... .................................................................... 2 .................................................................... 2 .................................................................... 3 .................................................................... 3 .................................................................... 4 .................................................................... 6 .................................................................... 8 .................................................................. 10 .................................................................. 11 .................................................................. 12 .................................................................. 13 ATTACHMENTS A - Division of Water Resources Authority Document B —Ledger Templates 1. Nutrient Offset Payment Rule: httD://reDorts.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20auaIity/chapter%2002%20 %20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0703.pdf 2. Riparian Buffer Mitigation Rule: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guaIitV/chapter%2002%20- %20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0295.pdf 3. NC Session Law 2019- 86 " Nutrient Offset Credits": https://ncleg.gov/Enacted Legislation/SessionLaws/HTML/2019-2020/SL2019-86.html 4. Buffer Interpretation/ Clarification # 2008- 019 for diffuse flow: https://files.nc.gov/ncdeq/Water%20QualitV/Surface%20Water%20Protection/401/Buffer%20CIarification%2 OMemos/Diffuse- Flow-for- Buff er-Mitigation-Sites- Buff er-Clarification-Memo-20080819.pdf 5. Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits (November 2019): https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401/Mitigation/Issues--- Resolutions-Ver-1.0-buffer-mitigation-nutrient-offset.pdf 6. NCDWR — Methodology and Calculations for Nutrient Reductions on the Bank Parcel: https://files.nc.gov/ncdeq/Water%20QuaIitV/Planning/NPU/Nutrient%20Offset%20Rule/Ag-Buffer-Credit.pdf 1 I. PREAMBLE This Mitigation Banking Instrument ("Instrument") regarding the establishment, use, operation, and maintenance of the Rosewood Mitigation Bank Parcel ("Bank Parcel") to provide Neuse Riparian Buffer mitigation credits ("Riparian Buffer Credits") and Neuse Nutrient Strategy nutrient load reduction credit ("Nutrient Offset Credits") is made and entered into by and among Wildlands Holdings III, LLC acting as the Bank Sponsor ("Sponsor") and the North Carolina Department of Environmental Quality— Division of Water Resources ("DWR"). This Instrument is in accordance with 15A NCAC 02B .0703 and the Consolidated Mitigation Rule 15A NCAC 02B .0295, which became effective on April 1, 2020 and November 1, 2015 respectively (Reference Numbers 1 and 2). The purpose of the Bank is: A. To restore, enhance, and preserve riparian vegetation adjacent to streams and/or agricultural ditches with the intent to improve water quality, reduce nutrient loads, enhance flood attenuation and restore wildlife habitat along unnamed tributaries and ditches within the Neuse River Basin. B. To convert agricultural land uses within riparian areas adjacent to streams and/or agricultural ditches into a dense and diverse, hardwood vegetated state with the intent to significantly reduce nutrient loadings associated with agricultural practices into streams and ditches. C. To provide mitigation and sell any resulting Riparian Buffer Credits and/or Nutrient Offset Credits to third parties in specific areas within the Neuse River Basin for development (both existing and proposed) or to offset NPDES-permitted wastewater nutrient sources requiring such mitigation or offset. II. LOCATION AND GEOGRAPHIC SERVICE AREA A. The Geographic Service Area ("GSA") is the designated area wherein a Bank can reasonably be expected to sell Riparian Buffer Credits and/or Nutrient Offset Credits for impacts due to development activities. B. The GSA for this Bank Parcel is limited to the United States Geological Survey ("USGS") 8-digit Hydrologic Unit Code ("HUC) 03020201 of the Neuse River Basin, excluding the Falls Lake Watershed. C. Sale or transfer of Riparian Buffer Credits shall be limited to the 8-digit HUC 03020201 in the Neuse River Basin, excluding the Falls Lake Watershed, unless otherwise authorized by the DWR or delegated local government in accordance with 15A NCAC 02B .0295. D. Sale or transfer of Nutrient Offset Credits shall be limited to the 8-digit HUC 03020201 in the Neuse River Basin, excluding the Falls Lake Watershed in accordance with 15A NCAC 02B .0703, unless otherwise authorized by the DWR in accordance with Session Law (S.L.) 2019-86 2 E. The Rosewood Parcel is comprised of land in Wayne County, NC and is currently used for row crops. The project is located at 35.406567' N and 78.075854' W. III. AUTHORITIES A. The Bank will be used to provide Riparian Buffer Credit and/or Nutrient Offset Credit in accordance with the requirements in the DWR Authority document referenced herein as "Attachment A" and attached to this Instrument. B. Projects eligible for utilization of the credits are those requiring authorization under the requirements of Attachment A and any new approved North Carolina ("State") statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy. C. The selling of credits generated from the Bank Parcel approved under this Instrument shall be consistent with approved State statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy. D. Mitigation activities proposed under this Instrument and corresponding Bank Parcel Development Package (BPDP) to generate Riparian Buffer Credits and Nutrient Offset Credits shall be consistent with State statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy that are in place at the time a complete BPDP is submitted to DWR. IV. ESTABLISHMENT OF BANK PARCEL A. In accordance with 15A NCAC 02B .0295 and 15A NCAC 02B .0703, DWR has provided a "Site Viability Letter" for the Bank Parcel proposed under this Instrument. The Site Viability Letter is not an approval of the site to generate Riparian Buffer Credits and Nutrient Offset Credits, but is a preliminary review of the Bank Parcel that details and confirms existing land use conditions, defines the riparian sites (Enhancement, Preservation, or Restoration), and identifies features (streams, ditches, ponds, etc.) that meet general criteria to be suitable to generate Riparian Buffer Credits and Nutrient Offset Credits. Table 1.0 below outlines when a Site Viability Letter was issued by DWR for the mitigation site proposed under this Instrument: Table 1.0—Site Viability Letter Details Bank Parcel NC DWR Site Viability Letter Viability Letter Evaluation Received Expiration Date Rosewood March 25, 2021 April 19, 2021 April 19, 2023 B. A valid Site Viability Letter is required prior to submittal of each BPDP. Site Viability Letters will either expire on the dates listed in the table above or upon submittal of an individual As -Built Report to the DWR, whichever comes first. If a Site Viability Letter expires prior to submittal of a complete BPDP as described in Section V to DWR, then the Sponsor must submit a formal request to DWR for a new Site Viability Letter for that Bank Parcel. 3 C. The Bank Parcel proposed for inclusion under this Instrument shall require a BPDP be submitted to, and approved, by the DWR prior to use of the individual Bank Parcel for mitigation purposes or the sale or transfer of any associated credits. The contents of the BPDP are provided in Section V. D. The BPDP submitted under this instrument will be placed on public notice and made available for public commenting for 15 calendar days. E. Riparian Buffer Credit maybeachieved through restoration of DWR riparian buffersasthey are defined in 15A NCAC 02B .0233, and other riparian areas as allowed per 15A NCAC 02B .0295 (n). Riparian buffer credits are only attainable if the width of the restoration site is within at least 20 feet from tops of banks along streams and . Riparian buffer credits are attainable to a maximum of 200feet from tops of banks of streams. F. The Bank Parcel is intended to provided Neuse Riparian Buffer Mitigation as follows: 1. Planting hardwood trees on a Restoration Site as defined in 15A NCAC 02B .0295 (b) adjacent to one intermittent stream. 2. Maintaining a Preservation Site, as defined in 15A NCAC 02B .0295(b) by placing a conservation easement around riparian areas along streams as allowed per 15 NCAC 02B .0295(o). G. Nutrient Offset Credit may be achieved on the Bank Parcel through restoration of the riparian areas adjacent to the intermittent stream and ditches where agriculture was determined by DWR to be the predominant land use. On this Bank Parcel, the width of the restoration area will begin at the top of bank or the rooted herbaceous vegetation and extends landward a minimum of 50 feet and a maximum of 200 feet on all sides of the surface waters. A conservation easement will be secured to include the tops of all channel and ditch banks and will extend out a maximum of 200 feet from the surface waters. H. The Bank Parcel is expected to provide Nutrient Offset Credits as follows: 1. Converting agricultural land uses within riparian areas to non-agricultural land uses by placing a perpetual conservation easement around riparian areas along streams and ditches. 2. Planting hardwood trees on a Restoration Site as defined in 15A NCAC 02B .0295 (b) adjacent to streams and ditches where agriculture has been determined by DWR to be the predominant land use. 3. Placing a conservation easement around restored riparian areas along streams and a ditch in accordance with 15A NCAC 02B .0703 (g). I. The total area of riparian restoration activities on the Bank Parcel is expected to be 47.2 acres. V. BANK PARCEL DEVELOPMENT PACKAGE M A. The Rosewood BPDP submitted under this Instrument shall be submitted to DWR for review and must be approved by DWR prior to any construction on the Bank Parcel. The BPDP must describe any changes that have occurred to the site between the date of the Site Viability Letter and the date the BPDP is submitted to DWR. The BPDP shall include detailed information consistent with the sections below concerning; 1) site location (8-digit HUC is required); 2) existing conditions with current photos; 3) proposed buffer mitigation and nutrient offset activities including a detailed vegetation plan; 4) monitoring and maintenance plans; 5) financial assurances; 6) associated buffer /nutrient credit calculations, which shall include credit generation, service area, and accounting as appropriate for each regulatory authority; 7) stream buffer determination letter from DWR; 8) Site Viability Letter from DWR; and 9) service area figure for each mitigation type proposed under this Instrument. B. The Sponsor will obtain all applicable federal, state and local documentation, permits, or authorizations needed to construct and maintain the Bank Parcel. This Instrument does not qualify as, or substitute for, such documentation, permit, or authorization. C. Any restoration activities or proposed construction within the streams, riparian buffers and other riparian areas on the Bank Parcel to produce Riparian Buffer Credit and/or Nutrient Offset Credit must be approved by DWR in writing prior to implementation. The failure of the Sponsor to comply with this requirement may result in a revised or reduced credit release schedule. D. Requests for deviation from the approved BPDP must be submitted to DWR in writing. Written approval from the DWR must be received prior to implementing any deviation from the approved BPDP. Property Disposition & Long -Term Management E. Prior to the release of any credits, the Sponsor shall record permanent conservation easements at the Wayne County Register of Deed's office that is sufficient to ensure protection, operation, and maintenance of restored riparian buffers and other riparian areas for the duration specified in the approved BPDP. F. The form of the conservation easement shall be consistent with the standards employed by the State of North Carolina in the protection of restored riparian buffers and riparian areas and shall be approved by the DWR prior to the release of any credits. G. The Sponsor shall not grant additional easements, right of ways, or any other property interest in or to the project areas, without prior approval from the DWR. H. The Sponsor agrees to assign the conservation easement and its interests in perpetuity to a qualified holder under NC General Statute ("GS") 121-34 et seq. and 170(h) of the Internal Revenue Code prior to the submittal of the Year 4 Monitoring Report. The holder shall be a land trust or stewardship program that will hold and enforce the conservation easement and the interests in perpetuity. The Sponsor shall choose a land trust or stewardship program that is accredited by the Land Trust Accreditation Commission and/or has been approved by DWR prior to the end of the fourth year monitoring period. A land trust must be certified under 501(c)(3) of the Internal Revenue Code. 61 I. In the event the Sponsor is also the owner of the underlying fee interest in the property the conveyance of the conservation easement to a land trust or stewardship fund must be arranged at the outset of the approved BPDP Financial Assurances J. Following approval of the BPDP, the Sponsor shall provide Performance/Maintenance Bonds from a surety company that is rated no less than an "A-" as rated by A.M. Best, to construct the sites according to the approved BPDP. It is the Sponsor's responsibility to confirm that the surety company is rated no less than an "A-" with each annual bond renewal. K. The amount of the Performance Bond shall be 100% of the estimated cost for implementation of the riparian restoration and other related activities of the Bank Parcel as described in the approved BPDP. No bond shall be less than $150,000.00 to cover construction costs. L. Alternatively, in lieu of posting a Performance Bond, the Sponsor may elect to construct the project prior to the first credit release. M. Once DWR has released all credits for completion of all the items listed below, then the Bank Sponsor will be released from its performance obligations under the performance bond required in Item J and K of this section: 1. Instrument and BPDP Approved by DWR, Conservation Easement Recorded, Financial Assurance Posted; 2. Mitigation Site Earthwork and Planting and Installation of Monitoring Devices Completed; 3. As -Built Report as described in Section VI has been received by DWR; and 4. DWR has submitted a written approval of the As -Built Report N. To comply with this section, DWR must be the Obligee on all performance bonds. VI. POST CONSTRUCTION DOCUMENTATION As -Built Report A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this Instrument and corresponding BPDP, to establish, maintain, and monitor Neuse Riparian Buffers or other riparian areas until Items B (1) and (2) of Section X have been satisfied. B. The Sponsor will submit an as -built plan and report to the DWR for the Bank Parcel within 30 calendar days after completing the establishment of the buffer mitigation and nutrient offset areas. Each As -Built report will describe any deviation from the approved BPDP and will document all the following: 0 1. Buffer restoration planting details and other construction activities that were required in the BPDP, confirmation that all boundary markers are installed, invasive species control, monitoring device locations, vegetation plot locations, and photo point locations. 2. Boundary Survey of the conservation easement area, signed and sealed by a licensed surveyor, including an inventory of the final mitigation areas for Riparian Buffer Credits and Nutrient Offset Credits in both square feet and acres. 3. As -built map of the mitigation area showing where riparian restoration was performed and any deviations to the Bank Parcel from what was approved in the BPDP. 4. Aerial map of the mitigation area that was included in the approved BPDP. Financial Assurance C. After completion of the riparian restoration and mitigation activities on the Bank Parcel, a separate Performance/ Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan as described in the approved BPDP and As -Built Report. The Bond must be from a surety company that is rated no less than an "A-' as rated by A.M. Best, and it is the Sponsor's responsibility to confirm the surety company is still rated no less than an "A-" with each annual bond renewals. D. A Performance/Maintenance Bond shall be secured each year for a minimum of five years, and until DWR has released all Riparian Buffer Credits and Nutrient Offset Credits to the Bank Sponsor. Upon DWR approval, the bond may be lowered each year based on the adjusted cost to complete the monitoring. No bond shall be less than $100,000 to cover monitoring and maintenance costs initially. E. Once DWR has released 100% of all credits for completion of all Bank Parcel milestones described in Table 2 of Section Vill, the Bank Sponsorwill be released from its performance obligations under the performance bond required in C and D in this section. F. To comply with this section, DWR must be the Obligee on all performance bonds. Monitoring and Maintenance Reports G. The Sponsor shall monitor the Bank Parcel as described in the BPDP until such time as DWR determines that the performance standards described below have been met. The monitoring period shall be a minimum of five consecutive years. H. Performance Standards for Vegetation: Native hardwood trees or native hardwood tree and shrub species should be planted at a density sufficient to provide 260 stems per acre after five years. A minimum of four (4) native hardwood trees or four (4) native hardwood tree and shrub species must be planted. No one species shall be greater than 50% of the planted stems. A list of species for planting will be detailed in the BPDP for approval. Native hardwood tree volunteer species may be included to meet performance standards as determined by the DWR. 7 I. A "stem" means a woody seedling, sapling, shrub or tree, no less than 10 centimeters in height. J. If the performance standards of the vegetation are not met, supplemental plantings may be required. Supplemental plantings will be utilized until the required densities have been achieved and maintained for five years. Bank Parcel maintenance, such as ensuring diffused flow, managing invasive species, and pest control will be included in the BPDP. K. Monitoring Reports for Riparian Buffer Creditor Nutrient Offset Credit: Reporting criteria of the vegetation shall be based on the Carolina Vegetation Survey (CVS) - EEP Protocol for Recording Vegetation Level 2 Plot Sampling only version 4.0 or any updated versions of this protocol in place at the date of acceptance of the BPDP. The Sponsor shall submit to the DWR an annual monitoring report no later than December 31 of each year for a minimum of five consecutive years after the first full growing season. This report will describe the conditions of the Bank Parcel, including an evaluation of the performance standards of the vegetation contained within the approved BPDP. Reports shall contain the following: 1. A U.S. Geological Survey map showing location of the Bank Parcel; 2. A detailed narrative with supporting photos summarizing the condition of the Bank Parcel along with any maintenance or remediation performed that year; and 3. A map, survey, or other figures showing locations of sampling plots, permanent photo points, and location of transects, Etc.; and 4. Monitoring data, including specific vegetation counts and heights showing that the trees or tree and shrub species planted are meeting performance standards and updated photographs; and 5. A copy of the most recent Bank credit/debit lodgers; and 6. Corresponding verification letters from designated local governments upon request; and 7. Corresponding Mitigation Transfer Certificates upon request; and 8. Proof of performance bond renewal to cover the next monitoring year (when applicable). Contingency Plans/Remedial Actions L. In the event a Bank Parcel fails to achieve the performance criteria described in this Instrument and in the approved BPDP, the Bank Sponsor shall develop necessary contingency plans in coordination with the DWR and implement appropriate remedial actions for the Bank Parcels and the Bank. Depending on the degree of remedial actions required, the DWR may modify the monitoring period. VII. CALCULATION OF MITIGATION CREDITS Riparian Buffer Credits A. All Riparian Buffer Credits shall be determined based on the ratios and percentages provided in 15A NCAC 02B .0295 (m) and (n) following the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR, see reference #5, including the most recent Project Credit Table Template provided online. B. Riparian buffer restoration on the Bank Parcel, as described in 15A NCAC 02B .0295(n) and defined in 15A NCAC 02B .0295 (b) that is performed on agriculture lands within the Bank Parcel, may be used for either Riparian Buffer Credit or Nutrient Offset Credit, but not both. C. Riparian Buffer Credit is defined as one (1) buffer credit per one square foot or 43,560 buffer credits per one acre. Nutrient Offset Credits D. The square footage of Nutrient Offset Credits on the Bank Parcel will be determined by applying the applicable ratio as provided in 15A NCAC 02B .0295(m) for a Restoration Site following the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits issued by the DWR including the most recent Project Credit Table Template, see reference #5, including the most recent Project Credit Table Template provided online. All riparian areas proposed for Nutrient Offset Credits must be a minimum of 50 feet from the top of the stream or ditch banks on land noted in a Site Viability Letter as agriculture E. Nutrient Abatement of Restored Riparian Area/Buffers on agricultural land: The Sponsor and DWR agree: 1. The pounds of nitrogen offset per acre of restored riparian areas/buffers on agricultural land shall be 2,273.02 pounds per acre or 19.16394 square feet per pound. F. The Sponsor and DWR agree that the methodology and calculations for determining nitrogen reductions, associated with restoration of riparian areas on this Bank Parcel as described in Section IV of this Instrument, shall be fixed as part of the approval of this Instrument, with the fixed amount not changing during the Bank Parcel Development or credit release schedule for the Bank Parcel. For further details on the approved method and calculations for determining nutrient reductions associated with the riparian restoration on this Bank Parcel refer to the NCDWR - Methodology & Calculations for Nutrient Reductions document found in reference number 6. This space left blank intentionally, do not add text to this space. 9 Vill. CREDIT RELEASE SCHEDULE A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the Riparian Buffer Credits and Nutrient Offset Credits associated with the Bank Parcel will become available for sale to a third party in accordance with the Credit Release Schedule in Table 2.0 below: Table 2.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits Credit Available for Task Project Milestone Sale Instrument and BPDP Approved by DWR, Conservation Easement 1 Recorded*, and Financial Assurance Posted 20 Mitigation Site Earthwork, Planting and Installation of Monitoring 2 Devices Completed 20 Monitoring Financial Assurance Posted and Approval of As -Built 3 Report 10 Monitoring Report #1: Approved by the DWR** & financial 4 assurance renewed 10 Monitoring Report #2: Approved by the DWR** & financial 5 assurance renewed 10 Monitoring Report #3: Approved by the DWR** & financial 6 assurance renewed 10 Item B (1) of Section X in this Instrument has been completed and 7 approved by DWR 5 No remaining credits will be released until Task 7 has been satisfied, assigning the conversation easement to an approved land trust or long-term steward. Monitoring Report #4: Approved by the DWR** & financial 8 assurance renewed 5 Monitoring Report #5: Approved by the DWR** and final site visit 9 by DWR has been conducted 10 Total 100% * For specification, please see Section V in this Instrument ** DWR Approval provided upon a determination that the site is meeting performance standards contained within the approved BPDP B. DWR may modify Credit Release Schedules based on the information submitted or the order in which required information is received. DWR will notify the Sponsor of any modification to the credit release schedule. C. DWR may consider a Credit Release Schedule for a Bank Parcel based on the extent of change between current onsite conditions and proposed post construction conditions. 10 IX. PROCEDURE FOR DEBITING AND CREDITING Credit Ledgers A. The Bank Sponsor shall maintain one credit ledger for each mitigation type for the Bank Parcel under this Instrument: Credit ledgers shall provide the accounting for Riparian Buffer Credits in square feet and acres and Nutrient Offset Credits in pounds and square feet. B. Each credit ledger shall be submitted on a separate 8 % in. x 11in. spreadsheet with legible font style and font size. All ledgers shall be submitted using the templates provided in Attachment B of this Instrument or any updated versions to these templates as provided by DWR. Credit Processing C. Riparian Buffer Credits generated on this Bank Parcel will be used to provide mitigation for authorized buffer impacts within the 03020201 HUC of the Neuse River Basin according to 15A NCAC 02B .0295 (f) and (g), excluding the Falls Lake Watershed. D. Nutrient Offset Credits generated on this Bank Parcel will be used to offset nitrogen nutrient loads within the 03020201 HUC of the Neuse River Basin, excluding the Falls Lake Watershed, in accordance with 15A NCAC 02B .0703. E. Available Riparian Buffer Credits (credits that have been released by DWR but not sold by the Sponsor) that are generated from riparian restoration on agricultural land and meet criteria for nutrient offset credits as outlined in Section VII of this Instrument, the Site Viability Letter and the corresponding BPDP can be converted from Riparian Buffer Credits into Nutrient Offset Credits upon written approval from DWR. Once a credit has been converted to another credit type, the transaction is permanent and the credit cannot be converted again. F. Available Nutrient Offset Credits (credits that have been released by DWR but not sold by the Sponsor) that are generated from riparian restoration within 0-100' from tops of banks and meet criteria for riparian buffer credits as outlined in Section VII of this Instrument, the Site Viability Letter, 15A NCAC 02B .0295 and the corresponding BPDP can be converted from Nutrient Offset Credits to Riparian Buffer Credits upon written approval from DWR. Once a credit has been converted to another credit type, the transaction is permanent and the credit cannot be converted again. G. Credit conversions must be calculated using the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR, see reference #5. H. The Bank Sponsor shall obtain written verification of nutrient offset need from a designated local government in the 03020201 HUC of the Neuse River Basin outside of the Falls Lake Watershed, or from DWR through an approved NPDES permit for wastewater nutrient sources prior to debiting Nutrient Offset Credits from the Bank Parcel. 11 I. The Bank Sponsor shall obtain verification of buffer mitigation required from the delegated local government in the 03020201 HUC of the Neuse River Basin outside of the Falls Lake Watershed or DWR prior to debiting Riparian Buffer Credits from the Bank Parcel. J. All credit and debit transactions for each Bank Parcel under this Instrument shall be accurately depicted in the credit ledgers. The Sponsor shall submit accurate and up-to-date credit ledgers for each Bank Parcel by the 10th of each month. At a minimum and only upon request, DWR shall receive a hard copy of updated credit ledgers along with corresponding Mitigation Credit Transfer Certificates and all corresponding letters from the designated local governments or DWR where applicable once a year. Notification of all credit sales shall be provided to DWR until all credits that have been released have been sold. Mitigation Credit Transfer Certificates K. All credit sales will include a Mitigation Credit Transfer Certificate ("Certificate") that is required to be provided to the buyer of Riparian Buffer and/or Nutrient Offset Credits, that will include, at a minimum, the following information; 1. Bank Details: (1) Sponsor Name, (2) Bank Parcel name as it appears in this Instrument and, (3) DWR project number for the BPDP as it appears in Table 1.0. 2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, and (3- when applicable) amount of nitrogen Nutrient Offset Credits purchased in pounds and confirmation from the designated local government or DWR of the amount required, and (4-when applicable) the amount of Riparian Buffer Credits purchased in square feet and the confirmation from DWR or the local government of the amount required. 3. Permitted Project Details: (1) project name and project number as it appears on DWR or local government permits and/or certifications, (2) 8-digit HUC, (3) river basin, (4) nutrient strategy applicable to the project with impacts, (5 — when applicable) designated local government requiring Nutrient Offset Credits, and/or (6) DWR or delegated local government requiring Riparian Butter Credits for this project. L. If the DWR determines the Bank is operating at a deficit (e.g. the Sponsor is selling and/or transferring credit that is not available), or the Bank is selling or transferring credits out of compliance with statutes, rules or this Agreement, the sale/transfer of credits will immediately cease, and the DWR, in consultation with the Sponsor, will determine what remedial actions are necessary. X. BANK PARCEL CLOSURE A. Bank Parcel Closure shall be identified as the event when the Sponsor is relieved of all its responsibilities to the Bank Parcel and there are no Riparian Buffer Credits or Nutrient Offset Credits left to sell. B. Bank Parcel Closure shall commence only after all the following events have occurred; 12 1. Transfer or assign the conservation easement and all its interests, in perpetuity, to a land trust or stewardship program as described in Section V of this instrument. 2. All five years of monitoring completed and all monitoring reports submitted and approved by DWR. 3. All credits have been released and debited and updated ledgers showing zero credit balances have been submitted and approved by DWR. XI. GENERAL PROVISIONS A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor and the landowner shall grant permission to the Director of DWR, or an authorized representative of the Director of DWR to enter the property containing the Bank Parcel(s). B. Amendments: This Banking Instrument maybe amended or modified only with written approval of all signatory parties, including the USACE if it is applicable to the amendment. C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument or any other agreement referenced in this Instrument to a third party must be approved by DWR prior to the transfer. D. Force Majeure: After 100% of all the credits have been released in accordance with the credit release schedule in Section VIII and confirmation has been received by the DWR that the Conservation Easement has been successfully assigned in compliance with Item H of Section V, the Sponsor will not be responsible for Bank failure that is attributed to natural catastrophes including but not limited to flood, drought, disease, regional pest infestation, etc. that are beyond the control of the Sponsor. E. However, if an event occurs before 100% of all the credits have been released in accordance with the credit release schedule in Section VIII, the Sponsor shall take remedial action to restore the property to its condition prior to the event, in a manner sufficient to provide adequate mitigation to cover credits that were sold prior to the occurrence of the event. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by DWR and the Sponsor. DWR must concur in writing that a force majeure event has occurred for this provision to apply. F. Oversight: Actions taken by DWR may include, but are not limited to, the following: 1. Site visits, 2. Issuance of Site Viability Letters, 3. BPDP review and approval of items listed in Section V of this Instrument, 4. As -Built report review and approval of items listed in Section VI of this Instrument, 5. Monitoring Report review and approval of items listen in Section VI of this Instrument, 6. Credit Ledger review and approval of items listen in Section IX of this Instrument, 7. Certificate review of items listed in Section IX of this Instrument and cross analysis to credit ledgers and, 8. Information requests, file reviews and audits. 13 Reports, ledgers, files and other information shall be made available to DWR upon request, unless otherwise specified in this or any other document. G. Validity of this Instrument: This Instrument will become valid on the date of the last party's signature. H. Specific Language of this Instrument Shall Be Controlling: To the extent that specific language in this document changes, modifies, or deletes terms and conditions contained in those documents that are incorporated into the Instrument by reference, and that are not legally binding, the specific language within the Instrument shall be controlling. I. Any disputes over decisions regarding this Instrument, shall be referred to the Director of DWR for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. J. This Agreement shall be binding upon the parties and is entered into knowingly, intelligently and voluntarily. K. Notices: All Notices and other communication which may be or are required to be given or made by any party to the other shall be in writing and shall be deemed to have been properly given and received on the date delivered in person, received via email with a delivery receipt requested, or deposited in the United States mail, registered or certified, return receipt requested, to the addresses set out below or at such other addresses as specified by written notice delivered in accordance herewith. If to Bank Sponsor: 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Attn: Shawn Wilkerson swilkerson@wildlandseng.com If to DWR: NC Division of Water Resources —401 & Buffer Permitting Branch Attn: Nutrient Offset and Buffer Banking Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 14 M. Applicable Law: This Agreement shall be construed under the laws of the State of North Carolina. Wildlands Holdings III, LLC By: Shawn D. Wilkerson (Print) (Signature) President of Wildlands Engineering, Title: Manager of Wildlands Holdings III, LLC Date: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY -DIVISION OF WATER RESOURCES By: Title: Date: 15 (Print) (Signature) ID#* 20201940 Version* 2 Select Reviewer:* Katie Merritt Initial Review Completed Date 06/22/2021 Mitigation Project Submittal - 6/22/2021 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer V Nutrient Offset (Select all that apply) Project Contact Information Company/Owner:* Wildlands Engineering Contact Name:* Andrea Eckardt Project Information Project Type: r DMS r Mitigation Bank Project Name: Rosewood Mitigation Site County: Wayne Document Information Email Address:* aeckardt@wildlandseng.com Mitigation Document Type:* Mitigation Plans File Upload: Rosewood BPDP Draft 06.22.21.pdf 11.92MB Rease upload only one RDF of the corrplete file that needs to be subrritted... Signature Print Name:* Andrea Eckardt Signature:* BANK PARCEL DEVELOPMENT PACKAGE June 2021 ROSEWOOD MITIGATION BANK PARCEL Wayne County, NC DWR Project Number 2020-1940 Neuse River Basin HUC 03020201 PREPARED BY: WILDLANDS F H u , " t F R I " G Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Phone: (704) 332-7754 Fax: (704) 332-3306 Bank Parcel Development Package Rosewood Mitigation Bank Parcel Neuse River Basin TABLE OF CONTENTS 1.0 Project Introduction.......................................................................................................................... 1 1.1 Parcel Description......................................................................................................................... 1 2.0 Mitigation Project Summary............................................................................................................. 1 2.1 Project Goals.................................................................................................................................1 2.2 Existing Parcel Conditions.............................................................................................................2 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation..............................................3 2.4 Alternative Mitigation for Buffer Mitigation.................................................................................4 2.5 Watershed Characterization.........................................................................................................4 2.6 Soils...............................................................................................................................................5 2.7 Existing Vegetative Communities.................................................................................................6 2.8 Threatened and Endangered Species........................................................................................... 6 2.9 Cultural Resources........................................................................................................................ 6 2.10 FEMA Floodplain Compliance.......................................................................................................7 2.11 Parcel Location, Parcel Constraints, and Access........................................................................... 7 2.12 Other Environmental Conditions..................................................................................................7 3.0 Site Protection Instrument................................................................................................................7 4.0 Mitigation Work Plan........................................................................................................................8 4.1 Parcel Preparation........................................................................................................................8 4.2 Riparian Area Restoration Activities............................................................................................. 8 4.3 Riparian Area Preservation Activities............................................................................................9 5.0 Monitoring and Maintenance Plan...................................................................................................9 5.1 Monitoring Protocol...................................................................................................................... 9 5.2 Parcel Maintenance...................................................................................................................... 9 5.3 Easement Boundaries................................................................................................................. 10 6.0 Financial Assurance and Long -Term Management......................................................................... 10 6.1 Financial Assurances................................................................................................................... 10 6.2 Long-term Management............................................................................................................. 10 7.0 Mitigation Potential........................................................................................................................ 11 8.0 References......................................................................................................................................14 Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page i June 2021 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 1976 Soil Survey Map Figure 7 Buffer Credits Map Figure 8 Riparian Buffer Zones Map Figure 9 Monitoring Components 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 Rosewood Project Mitigation Credits Table 9 Rosewood Total Area of Buffer and Nutrient Offset Mitigation Table 10 Credit Release Schedule APPENDIX Site Photographs —January 6, 2021 Historical Aerials On Site Determination of Applicability to Neuse Riparian Buffer Rules — March 8, 2021 Site Viability for Buffer Mitigation and Nutrient Offset Letter — April 19, 2021 USFWS Self -Certification Letter and Correspondence SHPO Request for Review and Response CP&L Easement Rights Supporting Documentation EDR Radius Map Report, Executive Summary Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page ii June 2021 Bank Parcel Development Package Rosewood Mitigation Bank Parcel Neuse River Basin Wildlands Holdings III 1.0 Project Introduction The Rosewood Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Rosewood Nutrient Offset and 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 0213.0703, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 which became effective November 1, 2015. The project is in Wayne County approximately 6 miles west of the City of Goldsboro (Figure 1). Directions are included on Figure 1. The Parcel creates a protected riparian area from top of bank out to 200 feet along UT to Charles Branch, three unnamed tributaries (UT1, UT2, and UT3), and three project ditches (D1, D2, and D3). Additionally, two non -project ditches (D4 and D5) exist within the Parcel. The primary purpose of the project is to provide riparian buffer mitigation credits and nutrient offset credits to compensate for unavoidable impacts in the Neuse River Basin 03020201 Hydrologic Unit Code ("HUC") outside the Falls Lake Watershed (Figure 2). The Parcel is located within the Neuse River Basin HUC 03020201200030 and NCDWR Subbasin 03-04-12 in Wayne County. 1.1 Parcel Description The three unnamed tributaries and five ditches flow to the project feature UT to Charles Branch. UT to Charles Branch extends for approximately 2 miles until it flows into Charles Branch. Charles Branch eventually flows into the Neuse River. Charles Branch is classified as Nutrient Sensitive Waters ("NSW") by NCDWR. The proposed project supports specific goals identified in the 2018 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 riparian mitigation project will reduce sediment and nutrient loading, provide and improve terrestrial and instream habitats, and improve stream and bank stability. The area surrounding the streams proposed for mitigation is currently agricultural fields, typically used to grow corn and soybeans. See the Appendix for January 2021 site photos. Restoring the riparian area up to 200 feet from the streams and ditches will reduce nutrient and sediment inputs in the tributaries to Charles Branch and subsequently the Neuse River. The restored floodplain areas will filter sediment during high rainfall events and provide cover and food for wildlife throughout the Parcel. 2.0 Mitigation Project Summary 2.1 Project Goals The major goals of the proposed buffer and nutrient offset mitigation 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. Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 1 June 2021 Table 1: Ecological and Water Quality Goals Goals Objectives Nutrient input will be decreased by filtering runoff from the agricultural fields Decrease nutrient levels. through restored native vegetation. The off -site nutrient input will also be absorbed on -site by filtering flood flows through restored floodplain areas, where flood flows can disperse through native vegetation. Decrease sediment input. Sediment from off -site sources will be captured by deposition on restored floodplain areas where native vegetation will slow overland flow velocities. Decrease water temperature and increase Planted riparian trees will shade the project features as they mature, reducing dissolved oxygen thermal pollution. concentrations. Create appropriate Riparian areas will be restored by treating invasive vegetation and planting terrestrial habitat. native vegetation. Permanently protect the project Parcel from A conservation easement will be recorded on the Parcel. harmful uses. 2.2 Existing Parcel Conditions The proposed buffer and nutrient offset mitigation project includes approximately 47.2 acres of open row crop fields along UT to Charles Branch, three unnamed tributaries (UT1, UT2, and UT3), three project ditches (D1, D2, and D3), and two non -project ditches (D4 and D5). At the confluence of UT to Charles Branch and UT1 lies a small section of existing forest. The Parcel easement boundary will extend from top of bank to 200 feet. (Figure 3). UT to Charles Branch flows southwest surrounded by agricultural fields crossing through an eighty -foot overhead utility easement. The stream takes a sharp turn, flowing southeast through the same agricultural fields. UT1 flows south and is surrounded by agricultural fields on its right side and residential lots on its left outside of the easement. UT1 takes a sharp turn and starts to flow west until it reaches UT to Charles Branch. Just downstream of the confluence of UT1 and UT to Charles Branch begins a small section of established trees on the right bank of UT to Charles Branch. UT2 flows east across the site surrounded by agricultural fields until the confluence with UT to Charles Branch. UT3 flows west across the site, into UT to Charles Branch. UT3 has agricultural fields on the right bank and residential lots on the left. D1 flows southeast until its confluence with UT to Charles branch and is surrounded by agricultural fields on its left side and a small buffer of existing trees on its right, which lies outside of the easement. D2 flows west until its confluence with UT to Charles branch and is surrounded by agricultural fields on both sides. D3 is surrounded by agricultural fields on both sides and flows southeast until its confluence with UT1. Both D4 and D5 flow south until they reach their confluence with UT3. The Site is characterized by a gently sloped valley dominated by agricultural fields. Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 2 June 2021 In general, this area has maintained its rural, farming character over the last 60 years with only minor changes in land cover (see historical aerials in the appendix). This consistency in land use within the project watershed indicates that watershed processes affecting hydrology, sediment supply, and nutrient and pollutant delivery have not varied widely over this time period. With a lack of developmental pressure, watershed processes and stressors from outside the project limits are likely to remain consistent throughout the implementation, monitoring, and closeout of this project. Table 2: Buffer Project Attributes Project Name Rosewood Mitigation Bank Parcel Hydrologic Unit Code 03020201200030 River Basin Neuse Geographic Location (Lat, Long) 35.406567 W, 78.075854 N Site Protection Instrument (DB, PG) To be recorded Total Credits 723,006.400 buffer mitigation credits and 94,998.106 lbs. N Types of Credits Riparian Buffer and Nutrient Offset Credits BPDP Date July 2021 Initial Planting Date December 2022 Baseline Report Date April 2023 MY1 Report Date December 2023 MY2 Report Date December 2024 MY3 Report Date December 2025 MY4 Report Date December 2026 MY5 Report Date December 2027 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation On February 25, NCDWR assessed the stream origin and issued the official Stream Origin Determination Letter March 8, 2021. NCDWR performed an onsite visit of the project area to determine viability for buffer mitigation and nutrient offset mitigation on March 25, 2021, and issued a site viability letter on April 19, 2021. Five of the nine features assessed were deemed viable by NCDWR to generate buffer mitigation. The Buffer Interpretation /Clarification Memo #2008-019 applies to D2, D4 and D5 where maintenance of diffuse flow onsite is unattainable. The reduction in credits 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 2021 site visit. 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 Feature Name (NCDWR Classification Buffer Credit Viable Nutrient Offset Viable (BPDP) Evaluation) UT to Charles UT to Charles Yes Branch Branch Stream Yes (non -forested fields only) Yes UT1 UT1a Stream Yes (non -forested fields only) UT1b Stream Yes Yes Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 3 June 2021 Feature Name Feature Name (NCDWR Classification Buffer Credit Viable Nutrient Offset Viable (BPDP) Evaluation) Yes UT2 UT2 Stream Yes (non -forested fields only) Yes UT3 UT3 Stream Yes (non -forested fields only) Yes D1 D1 Ditch No (non -forested left bank side only) D2 D2 Ditch No Yes D3 D3 Ditch No Yes D4 D4 Ditch No Yes* * Ditch D4 was evaluated for buffer or nutrient viability but is not being proposed as part of this project therefore not included in any credit requests. 2.4 Alternative Mitigation for Buffer Mitigation In addition to buffer restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A NCAC 02B 0.0295 (o)), alternative mitigation is proposed on the Parcel in the form of buffer preservation of forested land on subject streams. The proposed project is in compliance in the following ways: Preservation on Subject Streams (15A NCAC 02B .0295 (o)(5): • The buffer width is at least 30 feet from the stream (See Figure 8 for buffer zones). The minimum width of riparian areas on this site is 50 feet from top of banks. • The area meets the requirements of 15A NCAC 02R 0.0403(c)(7), (8), and (11) with no known structures, infrastructure, hazardous substances, solid waste, or encumbrances within the mitigation boundary (See Section 2.10 for EDR Radius Report summary). • Mitigation credits for preservation are being requested on no more than 25% of the total area of buffer mitigation (See Table 8 for credit calculations). The following sections describe the existing riparian conditions on the Parcel in terms of watershed, soils, geology, cultural resources, species of concern, regulated floodplain zones, and site constraints. 2.5 Watershed Characterization The Parcel is located within the HUC 03020201200030. All onsite features drain to UT to Charles Branch, which flows for approximately 2 miles until it reaches Charles Branch. Charles Branch flows to the Neuse River. Charles Branch 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 topography of the Parcel, as indicated on the Northwest Goldsboro USGS 7.5-minute topographic quadrangle, shows low 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 2017 Light Detection and Ranging (LiDAR) data. Land uses draining to the project reaches are primarily a mix of active crop fields, woodlands and developed space. The watershed areas and current land use are summarized in Table 4, below. Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 4 June 2021 Table 4: Drainage Areas and Associated Land Use Reach Name Mitigation Area (acres) Watershed Area (acres) Land Use UT to Charles Branch 15.9 1,006 62% agriculture, 18% forested, 20% developed UT1 6.3 41 50% agriculture, 25% forested, 25% developed UT2 1.9 186 60% agriculture, 20 % forested, 20% developed UT3 5.5 53 35% agriculture, 5% forested, 60% developed D1 2.5 84 10%agriculture, 30%forested, 30%scrubland, 30% developed D2 8.0 20 50%agriculture, 50%developed D3 3.0 8 100% agriculture 2.6 Soils The proposed Parcel is mapped by the Wayne County Soil Survey. Project area soils are described below in Table 5. UT to Charles Branch, UT1, UT2, and UT3 are all depicted as streams on the 1974 NRCS Soil Survey provided in Figure 6. Table 5: Project Soil Types and Descriptions Soil Name Description Go — Goldsboro loamy sand, 0- Goldsboro loamy sand consists of a moderately well drained soil on broad, 2% smooth divides. Permeability is moderate and surface runoff is slow. Seasonal slopes high water table is around two and a half feet. Weston loamy sand consists of poorly drained soil on smooth flats and in We —Weston Loamy Sand depressions on broad interstream divides. Permeability is moderate and surface runoff is slow. Po — Pamlico Muck — Pamlico muck consists of poorly drained, nearly level organic soil on 0-2% floodplains. Permeability is moderate and surface runoff is slow. These soils slopes are frequently flooded and somewhat poorly drained. Rains sandy loam consists of poorly drained soil in oval depressions and on Ra — Rains Sandy Loam, 0-2% smooth flats in broad areas between streams. Permeability is moderate, and slopes surface runoff is slow. Water ponds in some places. Seasonal high water table is at the surface. Lynchburg sandy loam consists of poorly drained soil on broad, smooth flats Ly - Lynchburg Sandy Loam of interstream divides. Permeability is moderate and surface runoff is slow. Seasonal high water table is around one and a half feet. Source: Wayne County Soil Survey, June 1974, USDA-NRCS, https://www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north carolina/wayneNC1974/mapl9.pdf https://www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north—carolina/wayneNC1974/text.pdf Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 5 June 2021 2.7 Existing Vegetative Communities Existing vegetation within the Parcel is primarily comprised of active row crop fields of corn and soybeans with a small existing forest at the confluence of UT to Charles Branch and UT2 shown on Figure 3. Existing vegetation across the project area is detailed in Table 6. Table 6: Existing Vegetation Woody Herbaceous Species Common Name Species Common Name Acerrubrum Red Maple Arundinaria gigantea Rivercane Alnus serrulata Tag Alder Asplenium Platyneuron Ebony Spleenwort Baccharis spp. Baccharis Bignonia Capreolata Cross Vine Betula nigra River Birch Campsis radicans Trumpet Creeper Carya illinoinensis Pecan Tree Glechoma Hederacea Creeping Charlie Ilex opaca American Holly Juncus spp. Rush Ligustrum sinense Chinese Privett Lonicera japonica Japanese Honeysuckle Liquidambarstyraciflua Sweetgum MikaniaScandens Climbing Hempvine Melia azedarach China Berry Smilax rotundifolia Greenbriar Pinus Taeda Loblolly Pine Solidago spp. Golden Rod Prunus serotina Black Cherry Quercus nigra Water Oak Quercus pagoda Cherry Bark Oak Quercus spp. Unknown Oak Rubus spp. Black Berry Salix nigra Black Willow Sambucus nigra Elderberry 2.8 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation database (IPaC) were searched for federally listed threatened and endangered plant and animal species in Wayne County, NC. Two listed endangered species and three species proposed for listing as endangered or threatened were identified. Respectively, these are the Red -cockaded Woodpecker (Picoides borealis), the Tar River Spinymussel (Elliptio steinstansana), the Neuse River Waterdog (Necturus lewisi), the Carolina Madtom (Notorus furiousus), and the Atlantic Pigtoe (Fusconaia masoni). Wildlands performed a pedestrian survey of the project parcel on January 6, 2021. It was determined that there is no suitable habitat for any of the listed species; therefore, the project will have "no effect" on the federally listed species. The USFWS Self -Certification Letter packet and the USFWS response letter agreeing with the determinations are included in the appendix. 2.9 Cultural Resources 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). SHPO was contacted with request for review and comment on January 27, 2021. SHPO responded on March 5, 2021 stating they are aware of no historic resources which would be affected by the project. The SHPO response and request are included in the Appendix. Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 6 June 2021 2.10 FEMA Floodplain Compliance FEMA floodplain Zone AE intersects the southern end of the Parcel, along UT to Charles Branch. No grading activities are proposed in the FEMA floodplain, so a floodplain development permit will not be required. No hydraulic modeling is proposed for this project. 2.11 Parcel Location, Parcel Constraints, and Access The Parcel is accessible via a dirt road alongside a house at 753 NC 581 S. There are two crossings within the Parcel. One break in the easement that crosses UT to Charles Branch downstream of UT1. The second is an internal crossing at the confluence of D1 and UT to Charles Branch. A utility easement held by CP&L also runs through the internal crossing. The CP&L easement does not allow the utility company to alter the drainage on the property in anyway; therefore, the hydrologic connection between D1 and UT to Charles Branch is unaffected by the utility easement and internal crossing. Supporting documentation from the firm of Warren, Kerr, Walston, Taylor, and Smith LLP is included in the Appendix. The internal crossing and utility easement will not be included in credit calculations. Four culverts exist onsite, two of which will be removed. One culvert is located at the confluence of D1 and UT to Charles Branch and will remain. The culvert will be replaced that exists in the easement break across UT to Charles Branch. The culvert at the confluence of D3 and UT1, as well as the culvert along D2 will be removed (Figure 7). 2.12 Other Environmental Conditions An EDR Radius Map Report with Geocheck was ordered for the Parcel through Environmental Data Resources, Inc. on September 11, 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 were no known or potentially hazardous waste sites identified within or immediately adjacent to the project area. The Executive Summary of the EDR report is included in the Appendix. 3.0 Site Protection Instrument The land required for planting, management, and stewardship of the mitigation project includes portions of the parcels listed in Table 6. The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved NCDWR conservation easement. Table 7: Site Protection Instrument Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage to be Protected Waters, Ronald E and W Paula 2670-53-4130 2670-55-3301 2670-55-5457 2670-55-5505 Conservation To Be Wayne y 47.5 2670-55-6317 Easement Recorded Spring Hill Family Farms, LLC 2670-55-7320 2670-55-3851 2670-55-4654 2670-55-4703 Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 7 June 2021 4.0 Mitigation Work Plan The project will restore agriculturally impacted land along UT to Charles Branch, three unnamed tributaries (UT1, UT2, and UT3) and three project ditches (D1, D2, and D3) on the Parcel to a protected riparian corridor, improving the ecological function of the area. The project design will ensure that no adverse impacts to 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 and cleared for row crop cultivation except for a small, forested area along UT to Charles Branch spanning from its confluence with UT1 to its confluence with UT2. This area is slated for preservation. 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. A culvert on D2 will be removed, along with a culvert along UT1 at its confluence with D3. Following the disturbance at these two locations, coir matting, live stakes, and native seed will be applied. UT to Charles Branch has two locations where minor bank stabilization work will be completed. These areas include one small section on the left side of the stream, directly adjacent to the preservation area, along with one area just downstream of the preservation area, on the right bank. A small area along UT1 where the stream makes a turn and flows west will also include minor bank stabilization. For both UT to Charles Branch and UT1 stabilization will involve the application of coir matting, live stakes, and native seed. 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 undesirable species from out -competing 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 8: Selected Tree Species Species Common Name Density Forest Strata Platanus occidentalis American Sycamore 15% Canopy Betula nigra River Birch 15% Canopy Diospryos virginiana Common Persimmon 10% Canopy Prunus serotina Black Cherry 10% Canopy Quercus pagoda Cherrybark Oak 10% Canopy Quercus falcata Southern Red Oak 5% Canopy Populus deltoides Eastern Cottonwood 10% Canopy Quercus nigra Water Oak 10% Canopy Magnolia virginiana Sweetbay Magnolia 5% Sub -canopy Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 8 June 2021 Species Common Name Density Forest Strata Acer negundo Boxelder 10% Canopy Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 planted trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. The proposed planting area includes both the areas identified as Buffer Restoration and Nutrient Offset Credits on Figure 7. Planting is scheduled for December 2022. 4.3 Riparian Area Preservation Activities There will be no parcel preparation work done in the buffer preservation areas, as allowed under 15A NCAC 02B .0295(o). There is a section along UT2 and UT to Charles Branch of mature hardwood forest that will be protected in perpetuity by a conservation easement (Figure 7). No additional treatment or planting is planned for these areas of the project. 5.0 Monitoring and Maintenance Plan 5.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration and enhancement areas to measure the survival of the planted trees. The plots will be randomly placed throughout the planted riparian areas. A total of 34 plots will be established within the riparian buffer restoration areas and will be randomly placed such that the plots are representative of the buffer mitigation and nutrient offset credit 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 34 plots. Overview photos will be taken each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. 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 the fifth year of monitoring. Appropriate and desirable native volunteer species may be included in the Parcel's density to meet the performance standards with NCDWR approval. The Sponsor shall submit the annual monitoring report to NCDWR by December 315Y of each year for five consecutive years and will follow the terms and conditions of the MBI. 5.2 Parcel Maintenance If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 5.1, adaptive measures will be developed and/or appropriate remedial actions will be implemented. 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, Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 9 June 2021 or insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. 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 annually as part of monitoring activities. Easement boundary conditions as well as any maintenance performed will be reported in the annual monitoring reports to NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval from NCDWR prior to conducting any mowing activities within Zone 1 and Zone 2 of the Neuse buffers to ensure that no buffer violations have occurred. 5.3 Easement Boundaries Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by marker, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement prior to the NCDWR As -Built inspection. Boundary markers that have been disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Contact information for the conservation easement holder will be included on easement markers. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of the Rosewood 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 $150,000.00. 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 $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring period for a term of one year and be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. Performance bonds for monitoring shall be renewed at least annually to cover the next years monitoring period, with confirmation of renewal provided to NCDWR with each annual monitoring report when applicable. NCDWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6.2 Long-term Management The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved NCDWR conservation easement. The long-term manager will be responsible for periodic inspection of the Parcel to ensure that the restrictions documented in the recorded easement are upheld in perpetuity. Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 10 June 2021 7.0 Mitigation Potential Of the 47.5 acres protected under the conservation easement, the mitigation activity for 41.8 acres is riparian restoration. Of that 41.8 acres of restoration, 16.6 acres is proposed for buffer mitigation credit and 25.2 acres is proposed for nutrient offset credit. There is also 0.34 acres of preservation within the conservation easement proposed for riparian buffer credit. The Buffer Interpretation /Clarification Memo #2008-019 applies to Ditches D2, D4, and D5 where maintenance of diffuse flow onsite is unattainable, therefore a total of 0.25 acres is removed from the creditable area at the top of Ditches D2, D4, and D5. The mitigation credit calculations were 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 restoration areas are viable for either riparian buffer credits or nutrient offset credits and can be converted upon receiving written approval by NCDWR if within the first 100 feet from top of bank for the areas on UT to Charles Branch, UT1, UT2, and UT3. There will be three credit ledgers for the project: Buffer Restoration, Buffer Preservation, and Nitrogen. Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 11 June 2021 kof � ) !k§ z0 i3 � � � \ \ � � \\\ c \ \ \ \ \ \ \ k \\\\\\ \ - - (7— \ - - - lo - � {2 ` ` E ƒ > > z z \ o } } } } } ( \\\\z0 }\\ \ \ [ 2#� � ) t Table 10: Rosewood Total Area of Buffer and Nutrient Offset Mitigation TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 721,589 721,536.500 Preservation: 14,699 1,469.900 Total Riparian Buffer: 736,288 723,006.400 Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: 1,098,949 57,344.627 Phosphorus: 0.000 Upon submittal of the appropriate documentation by the Sponsor and subsequent approval by NCDWR, the mitigation credits associated with the Rosewood Mitigation Bank Parcel will be released as described in Table 11 below. Table 11: Credit Release Schedule Task Project Milestone % Credit Available for Sale Instrument and BPDP Approved by NCDWR, Conservation Easement 1 Recorded and Financial Assurance Posted 20 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 Item B(1) of Section X in this Instrument has been completed and 7 approved by NCDWR 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship 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 Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 13 June 2021 8.0 References North Carolina Ecosystem Enhancement Program (NCEEP), 2010. 2010 Neuse River Basin Restoration Priorities Plan (RBRP). https://fi les.nc.gov/ncdeq/Mitigation%20Services/Watershed_Planning/Neuse_River_Basin/FINAL %20RBRP%2ONeuse%202010—%2020111207%2000RRECTED.pdf North Carolina Geological Survey (NCGS), 2009. Mineral Resources. http://www.geology.enr.state.nc.us/Mineral%20resources/mineraIresources.htmI North Carolina Natural Heritage Program (NHP), 2019. Natural Heritage Element Occurrence Database, Wayne County, NC. https://www.ncnhde.natureserve.org United States Department of Agriculture (USDA), 2006. Natural Resources Conservation Service, Soil Survey Geographic (SSURGO) database for Wayne County, North Carolina. https://websoilsurvey.sc.egov.usda.gov/ United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Wayne County, NC. https://ecos.fws.gov/ipac/ Rosewood Mitigation Bank Parcel BPDP HUC 03020201 Page 14 June 2021 Figures -V s�Hi�hway.7a�W !r �0 Td i Evare; Rd ' 2r � has �fr G M7 ktor14.GrOcn Rd IY n 0 0 a If 01 F ec6� ktWILDLANDS wv E N G 1 N E E R I N 0 4 2, IF w ❑uaker Neck Lake x R,yerhe %f Ra crt,f1 Fermi Rd Bank Parcel Conservation Easement Rosewood Bank Parcel Location o,� s Ra Sn'�rrfm�� a, Figure 1 Vicinity Map 0 0.5 1 Miles Rosewood Mitigation Bank Parcel I i I Bank Parcel Development Package Neuse River Basin 03020201 Wayne County, NC I Ii r l County Boundaries I I - t----• ® HUC 03020201 • H?nd?rson I � i f u service Area ` + I � Rosewood Bank Parcel Location 1 � I � k ! i Louisburg 40 lirrr..1111 •�• a�mry' /1 F� ••••�'� ! o �luperl{ill i •1 + �If � ap RA"n Roc► Saabs Park Eltjw5 Lflllrx)lon craek cc-, F. 03020201 Erwin D unn s^lalk�rtn.•.n r �..• Lunrhee -.r••� SdSsa .n� le .,I ring Lake v ..i tx•��� i WILDLANDS ENGIiNEERING 1 I I �� f % I .•r• i r-•� Figure 2 Service Area Map Rosewood Mitigation Bank Parcel 1� Miles Bank Parcel Development Package J I Neuse River Basin 03020201 Wayne County, NC Figure 3 51te Map W I L D L A N D 5 0 200 400 Feet Rosewood Mitigation Bank Parcel ENGINEERING I I I I I t Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC MWAriii� Or .__.. , Project Location Bank Parcel Conservation Easement RA 8 TRL I� TR ►� • Y 1 11' II I I Northwest Goldsboro, USGS 7.5 Minute Topographic Quadrangle WILDLANDS kt� ENCyINEERING Figure 4 U5G5 Topographic Map 0 200 400 Feet Rosewood Mitigation Bank Parcel 1 I I I I Bank Parcel development Package Neuse River Basin (03020201) Wayne County, NC B IL o N Y � c a V 0 rc o � N m N z a o m 0 w Lu �z qz LLJ �� �:, ,ram • — - �' F �� Bank Parcel Conservation Easement icr `y • i �.Y_■ I' a} l� r 1 s� Ra En �.et Dr jw • LyL►. +N 'r L ANN S I 1 + I nr r ' V I r +� �`y• ti � * 1 i i GO K � GO Ly �__19:74 NRCS Soil Survey of Wayne County - Sheet 19 - %Z WILDLANDS ENGINEERING Figure 6 1974 NRCS Soil Survey Map 0 200 400 Feet Rosewood Mitigation Bank Parcel i Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Existing Culvert to be Removed 1 i ■ 1y i Project Location Bank Parcel Conservation Easement F Project Stream u Project Ditch �+{ a Buffer Restoration Buffer Preservation ® Nutrient Offset Not for Credit / Internal Crossing Utility Easement Non -Project Stream r ••••--• Non -Project Ditch Existing Utility Line Existing Culverts Existing Culvert to be Replaced IJ • ` 1 Existing Culvert to be Removed ON A. \ i ;IM, ti■ far �"" . r+ 3_"' � �� �� I - 1.7 �. r• WILDLANDS ft,,, ENGINEERING Figure 7 Buffer Credits Map 0 200 400 Feet Rosewood Mitigation Bank Parcel I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Bank Parcel Conservation Easement a Project Stream . ■;.� . ■ Project Ditch NN Buffer Zones i a:• � 50' from Tap of Bank ■. 100' from Top of Bank ■ 200' from Top of Bank Non -Project Stream Non -Project Ditch 10 - 1" 1 I' i [_ •� _ _ ■ kt;WILDLANDS vv ENGINEERING Figure S Riparian Buffer Zones Map 0 200 400 Feet Rosewood Bank Parcel I I i I I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Y � 71, Project Location Bank Parcel Conservation Easement Project Stream 5, M ] e "i Project Ditch ❑ Buffer Restoration ❑ '■ w! Buffer Preservation Nutrient Offset ❑ N, : a. 5 ❑ ,�� Not for Credit 4 F Utility Easement •� ' ❑ ❑ ❑ Internal Crossing f ❑ Existing Utility Line �# ❑ - Non -Project Stream 0^ Non -Project Ditch _ d Existing Culverts �� ❑ Vegetation Plots .-.■ t ❑ 1 ■ 1 1 ❑ ❑ ❑Ll , 1 ❑ ❑ r owl' El ❑ t ' 7 . 04 l �� � r riYrY�► * " r 46 Figure 9 Monitoring Components Map 1*,WILDLANDS 0 200 400 Feet Rosewood Mitigation Bank Parcel E N G I N E E R I N G I I I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Appendix CURRENT LAND USE PHOTOGRAPHS Rosewood Mitigation Bank Parcel UT to Charles Branch UT to Charles Branch — South End - Downstream (0110612021) UT to Charles Branch — South End - Upstream (0110612021) W UT to Charles Branch — South End - Upstream (0110612021) UT to Charles Branch — North Eastern End - Downstream -C— (0110612021) UT to Charles Branch — North Eastern End - Upstream UT to Charles Branch — Downstream of D2 Confluence (0110612021) (0110612021) Roseowood Mitigation Bank Parcel HUC 03020201 UT to Charles Branch — Upstream of D2 Confluence (0110612021) Roseowood Mitigation Bank Parcel HUC 03020201 UT1 UT1— Downstream (0110612021) UT1— Upstream (0110612021) UT2 UT2 — Downstream (0110612021) UT1— Downstream (0110612021) UT1— Upstream (0110612021) UT2 — Upstream (0110612021) Roseowood Mitigation Bank Parcel HUC 03020201 Roseowood Mitigation Bank Parcel `�'� HUC 03020201 D1 D1— Downstream (0110612021) D2 R&- D2 — Downstream (0110612021) D2 — Upstream (01/06/2021) 1 D1— Upstream (0110612021) R� ■ D2 — Downstream (0110612021) Roseowood Mitigation Bank Parcel HUC 03020201 D3 D3 — Downstream (0110612021) D4 — Downstream (0110612021) D4 — Upstream (01/06/2021) D3 — Upstream (0110612021) D4 — Upstream (0110612021) D4 — Upstream (01/06/2021) Roseowood Mitigation Bank Parcel HUC 03020201 � rt - i �_'' �•+ is �• l w 4�r INOL)IRY #:6187845.5 N YEAR: 2016 = 625' FOR S. k F-:- _ tea"'. �' 7-� sue' •�� %A\� .... ..... I rr { .�Ak� INQUIRY k 6187845.5 YEAR: 2012 = 625' AWJ f Me INOUIRY #:6187845.5 N YEAR: 1993 = 625' FOR YEAR: 1973 II N = 625' EDR L' S ' a a R� ♦ p Y y ! < �► r r � r • Subject boundary not shown because it exceeds image extent or image is not georeferenced. T 1 L f •, i, a r 44 INQU4RY #:6187845.5 iN YEAR: 1964 = 625'�DR' , ! % 1 ■ -i �r- INQUIRY #:6187845.5 N YEAR: 1961 = 625' FOR 1' � •J .R r w A { \ S 14 W. INQUIRY #: 6187845.5 YEAR: 1959 N�jJr ' I� = 625' FOR ;y* ,_ x:1w r R�, f E !'7 o Z f. 1 ti• INQUIRY #: 6187845.5 i.N YEAR: 1950 = 625' (rEOR' DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 8, 2021 DWR Project # 20201940 Wayne County Ronald and Paula Waters 165 Perkins Mill Road Goldsboro, NC 27530 Spring Hill Farms LLC Frank and Lynette Howell 106 J&L Drive Goldsboro, NC 27560 (via email to aeckardt@wildlandseng.com) Subject: On -Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project Name: Rosewood Bank Parcel Address / Location: West of Goldsboro adjacent to NC 581S (35.407260-78.075280) Determination Date: February 25, 2021 Staff: Rick Trone Ms. Eckardt, On February 25, 2021, Rick Trone of the Division of Water Resources conducted an on -site review of features located on the subject property at the request of Wildlands Engineering, Inc. to determine the applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 02B .0714). The enclosed map(s) depict the feature(s) evaluated. This information is also summarized in the table below. Streams that are considered "Subject" have been located on the most recently published NRCS Soil Survey of Wayne County and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics that qualify them to be at least intermittent streams. Features that are considered "Not Subject" have been determined to not be at least intermittent or not present on the property or not depicted on the required maps. This determination only addresses the applicability to the buffer rules and does not approve any activity within buffers or within waters of the state. There may be other streams or features located on the property that do not appear on the maps referenced above. Any of the features on the site may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. The following table addresses the features rated during the DWR site visit: North Carolina Department of Environmental Quality I Division of Water Resources EQ�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Noanlcexa2:. � oepenmenemim���i o�si r 919,707.9000 DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06 DWR # 20201940 Ver 1 Rosewood Bank Parcel Wayne County Page 2 of 3 Feature Depicted Depicted on Type" Subject Start @ Stop @ on ID Soil Survey USGS To o p UT to Outside project Charles I X Outside project boundary boundary X X Branch UT1 I X Approximately 35.406204 UT to Charles Branch X X -78.073560 UT2 I X Outside project boundary UT to Charles Branch X X UT3 I X Outside project boundary UT to Charles Branch X D1 D Outside project boundary UT to Charles Branch D2 D I Outside project boundary UT to Charles Branch D3 I Outside project boundary UT1 Approximately 35.407521 D4 D -78.075585 UT1 (1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NE=Not Evaluated, D = Ditch 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 U.S. Postal Service: DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St. Raleigh, NC 27604 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) calendar days. This letter only addresses the features on the subject property and within the proposed project easement and does not approve any activity within buffers or within waters of the state. If you have any additional questions or require additional information, please contact Rick Trone at (919) 707-3631 or rick.trone@ncdenr.gov. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, DOCUSigned by: 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Enclosures: USGS Topographical Map, NRCS Soil Survey, Site Map cc: 401 & Buffer Permitting Branch files DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06 DWR # 20201940 Rosewood Bank Parcel Wayne County Page 3 of 3 r '} ' '! "4- —r - Site Map' y x Map provided by Wildlands �k r Engineering, Inc. ,X!011� 44 �R k � tY \k F 4 t � kx 27. 7 ti I �4 AIL i .. + �-,-. .I" - � IOn f r L. d = ' � � Ali• JJ � � f ,y7 t I Y --_- r � 1 � 7 tJ T _ I 7l PrajL&rt Loration L __� Napared Conservation Easement �y ; i Utility Ease me r1t � " '••� Proj9rC Streartl +IA,++01F Projehrt Ditch Non-PrajerkStrimm .s . F Figure 1_ Site Map Oft'WILDLANDS d 200 400 Feet Rosewood Mitigation Rank Parcel ENGINr:EkirrG I I I I I t NeuseRlverBasin (03020201) Wayne County, FCC DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06 Rosewood Bank Parcel Wayne County, NC-DWR Project # 20201940 44 41 - i UT to Charles Branch: Subject 00 Y... r xaAr D r Al i •�.i• `il `fir•}.. '. ... • 'r�r• •M1¢ zL ry ' 1 lJ •• � :r�� .b J �`.:{,!,-. •; ',• �::w UTI: Subject �x+1 �Ll ' •• l ~�+ ry� 4 �.+ L T• l'.Y�ry�,�..`.'-'•: k fir: Y f�..•k l'• r�5 L ` � r� .. Lit•• K� � y � III {: . 0 Ra Kill UT2: Subject } Go Ly' UTI Subject PO NRCS Soil Survey Sheet 13�� Nix Wayne CO NC 1974 ,. Locations are approximate Ir i Legend and are provided for refer- � ence only -property boundary FVT DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06 Rosewood Bank Parcel Wayne County, NC-DWR Project # 20201940 f i YY EL L T I USGS Topographical Map r�5rA?Z NW Goldsboro Quadrangle 2019 ,. � Locations are approximate a and are provided for refer - Legend: {F - { enceonly:: -property boundary. ' .dPAE I DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2 ROY COOPER Governor DIONNE ❑ELLFGATTI Secretary S. DANIEL SMITH Director NORTH CAROLINA £nvironmenraI Quality April 19, 2021 Andrea Eckardt Wildlands Engineering, Inc (via electronic mail: aeckardt@wildlandseng.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Rosewood Site 867 NC Hwy 581 Hwy S, Goldsboro (near 35.403316,-78.075560) Neuse 03020201 Wayne County Dear Ms. Eckardt, On March 23, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Wildlands Engineering, Inc (Wildlands) 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 conservation easement boundary, which is more accurately depicted in the attached map labeled "Figure 1-Site Map" (Figure 1) prepared by Wildlands. The proposed easement boundary in Figure 1, includes all riparian areas intended to be proposed as part of a private mitigation bank. On March 25, 2021, Ms. Merritt performed a site assessment of the subject site. Staff with Wildlands were also present. 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 .0703. Feature Classification tSublect Riparian Land uses Buffer 'Nutrient ','Mitigation Type Determination Win onsite to riparian areas adiacent to Feature Credit Offset Buffer 0( 200') Viable Viable Rule UTla Stream No Right Bank - non -forested 2Yes Yes (non- Non -forested fields - Restoration Site per agricultural fields forested 15A NCAC 02B .0295 (o)(3) fields only) Left Bank - mature forest Forested Areas — Preservation Site per with areas of maintained 15A NCAC 02B .0295 (o)(4) lawn UTlb Stream Yes non -forested agricultural Yes Yes Non -forested fields - Restoration Site per fields; a compromised 15A NCAC 02B .0295 (n) culvert is present and is proposed to be removed Compromised culvert needs to be removed or replaced to restore flow and allow for aquatic life passage North Carolina Department of Environmental Quality I Division of Water Resources _ ✓ 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 urn,n m� wo�ir 919,707,9000 DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2 Rosewood Site Wildlands Engineering, Inc. April 19, 2021 Feature Classification 1Subiect Riparian Land uses Buffer 3Nutrient 4.5Mitigation Type Determination w/in onsite to riparian areas adiacent to Feature Credit Offset Buffer 0-200' Viable Viable Rule UT2 Stream Yes Non -forested agricultural zYes Yes ( non- Non -forested fields - Restoration Site per fields with a small forested forested 15A NCAC 02B .0295 (n) area fields only) Forested Areas — Preservation Site per 15A NCAC 02B .0295 (o)(5) UT3 Stream Yes Right Bank - non -forested Yes Yes (non- Restoration Site per 15A NCAC 02B agricultural with some forested ag .0295 (n) debris in the channel; Left fields only) Bank - maintained lawn Need to remove small/medium debris from (not included within the channel easement boundary) UT to Stream Yes Compromised culvert at zYes Yes (non- Non -forested fields - Restoration Site per Charles UTl with eroding channel, forested 15A NCAC 02B .0295 (n) Branch mostly non -forested fields only) agricultural fields and some Forested Areas — Preservation Site per forested areas; located 15A NCAC 02B .0295 (o)(5) within two DOT Right Of Ways (ROW) Minor bank stabilization and grading needed where bank stability is compromised and where erosional rills, sink holes and gullies are observed. Culvert must be replaced. Note: No credits are allowed within the DOT R.O.W D1 Ditch No Left Bank - Non -forested No Yes (non- Restoration Site per 15A NCAC 02B >3' depth agricultural fields; overhead forested .0295 (n) utility easement present @ left bank confluence w/ UT Charles side only) *Note: Must be able to secure hydrologic Branch *see note connection to UT to Charles Branch and Right Bank - timbered have a contiguous riparian restoration to UT to Charles Branch to be viable for credits. A survey of the exact location of the utility easement is needed to make this final determination D2 Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) D3 Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) Page 2 of 4 DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2 Rosewood Site Wildlands Engineering, Inc. April 19, 2021 Feature Classification 'Subject Riparian Land uses adjacent to Feature Buffer Credit 'Nutrient Offset 4.5Miti2ation Type Determination w/in onsite to riparian areas Buffer 0-200' Viable Viable Rule D4 Ditch No Non -forested agricultural *see note Yes Restoration Site per 15A NCAC 02B <3' depth fields .0295 (o)(8) *Buffer Mitigation Note - Assessment concludes the ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, C, D & E). More information is required to be provided in a mitigation plan for complete assessment. See rule. 'Subjectivity calls for the features were determined by DWR in correspondence dated March 8, 2021 (1D# 2020-1940) using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 3NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian area. 'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). Determinations provided in the table above were based on the proposed conservation easement boundaries depicted in Figure 1 for the site. The map representing the proposal for the site is attached to this letter and is initialed by Ms. Merritt on April 19, 2021. Substantial changes to the proposed easement boundaries could affect the site's potential to generate buffer mitigation and nutrient offset credits. This letter does not constitute an approval of this Site to generate buffer and nutrient offset 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 .0703, 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 .0703. This viability assessment will expire on April 19, 2023 or upon approval of a mitigation plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, stream or wetland mitigation plan for this Site. Page 3 of 4 DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2 Rosewood Site Wildlands Engineering, Inc. April 19, 2021 Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, PW/kym Attachments: "Figure 1 — Site Map" cc: File Copy (Katie Merritt) E/�DocuSsigned by: /�iLWG WI02 949D916A53EF4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch Page 4 of 4 DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2 iO �O Project Location Proposed Conservation Easement DS Internal Crossing anal Utility Easement Project Stream 4/19/2021 a ' Project Ditch jPowerline Non -Project Ditch r • . C Existing Culverts t � Existing Culvert ♦ to be Removed i �e ♦ _ � %i'Ais !gyp WILDLANDS ENGINEERING = r- T • Existing Culvert N\ 1 t. to be Removed t� Now 4WOMMW r r f Figure 1. Site Map 0 200 400 Feet Rosewood Mitigation Bank Parcel I I I I I Neuse River Basin (03020201) Wayne County, NC QPQ�a,6NT OF o p �4RC!-1 3, 1ap9 United States Department of the Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 0 1 /27/202 Self -Certification Letter Rosewood Mitigation Bank Parcel Dear Applicant: 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(c,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 0 i cz O_ Y C ca CO C O cu Lm O O O O Of 0 E cz Z U 0 .o aD aD C C -O C _0 C (n E E 03 N U E > N E� � E C E cII D LL p O O � in N co '06 .0 O O U — (II -0 C a, M Q 'O -00 M Q 2i (B 'O -00 LLLL 2i >. 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FP-iLni n�Liu irr United States Department of the Interior W R M0 #�FISH AND WILDLIFE SERVICE $ Raleigh Ecological Services Field Office Post Office Box 33726 - Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: December 14, 2020 Consultation Code: 04EN2000-2021-SLI-0373 Event Code: 04EN2000-2021-E-00804 Project Name: Rosewood 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 12/14/2020 Event Code: 04EN2000-2021-E-00804 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/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratory birds/CurrentBirdlssues/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. 12/14/2020 Event Code: 04EN2000-2021-E-00804 Attachment(s): • Official Species List 12/14/2020 Event Code: 04EN2000-2021-E-00804 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 12/14/2020 Event Code: 04EN2000-2021-E-00804 2 Project Summary Consultation Code: 04EN2000-2021-SLI-0373 Event Code: 04EN2000-2021-E-00804 Project Name: Rosewood Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: Buffer restoration project Project Location: Approximate location of the project can be viewed in Google Maps: https: www. oogle.com/maps/place/35.407304848300996N78.0753428817585W Counties: Wayne, NC 12/14/2020 Event Code: 04EN2000-2021-E-00804 Endangered Species Act Species There is a total of 5 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 Fisheriesi, 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:Hecos.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 12/14/2020 Event Code: 04EN2000-2021-E-00804 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: hnps: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 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office 551-F Pylon Drive Raleigh, North Carolina 27606 February 3, 2021 Carolyn Lanza Environmental Scientist Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 Re: Rosewood Mitigation Site, Wayne County, NC Dear Ms. Lanza: Thank you for your submittal of the above -listed project through the U.S. Fish and Wildlife Service's (Service) Online Project Review Process. The Service has reviewed the Online Project Review package submitted by email on January 27, 2021. Our comments are provided pursuant to, and in accordance with, provisions of the Endangered Species Act (the Act). The submitted package included a self -certification letter, a species conclusions table and a species list printout from the Information, Planning, and Consultation System (IPaQ website. No other information was included concerning species surveys or the potential activities on site (methods of construction, measures to avoid and minimize impacts on the site and downstream, etc.). The submitted documents indicate that the waterbodies on the site do not contain suitable habitat for listed aquatic species or species proposed to be listed. However, the proposed project is just upstream of occupied NRWD habitat in Beaverdam Creek and the Neuse River. The NRWD was proposed for listing as threatened on May 21, 2019. A listing decision is still pending. The Service is pleased to see this proposal for compensatory mitigation in a watershed with known records of sensitive species and we encourage stream and wetland projects in these watersheds, because of the potential benefits to species downstream. However, we caution that the potential effects of the proposed plans and construction methods should be carefully considered during review. The submittals do not consider the potential effects to listed and proposed aquatic species downstream of the site, including the NRWD. In general, outside of stream reaches where listed or proposed aquatic species are found, in -water work is acceptable and encouraged; particularly with stringent adherence to sediment and erosion control requirements. Carefully -planned restoration, enhancement, or preservation of those streams may provide great benefits to the species downstream. Beneficial effects to species, as well as detrimental effects, are considered "effects" for the purposes of the ESA. Aquatic resources are highly susceptible to sedimentation. We recommend that all practicable measures be taken to avoid adverse impacts to sensitive aquatic species, including avoiding in- water work in reaches with occupied habitat, implementing stringent sediment and erosion control measures, constructing the project in the dry, and maintaining any remaining natural, vegetated buffers on streams on the project site (if applicable). The Service encourages you to continue project planning on this site, due to the potential benefits to aquatic species in Beaverdam Creek and the Neuse River. However, because the Service does not currently have enough information concerning the project plans and construction methods, we cannot concur with your species determinations at this time. We look forward to coordinating with you and reviewing more information concerning this project. If you have any questions or comments, please contact Kathy Matthews of this office at kathryn_matthews@fws.gov. Please note that Service staff are teleworking to lessen the spread of COVID-19. Email is the best way to reach us. Sincerely A-- Pete Benjamin Field Supervisor cc (via email): USACE USEPA NCDWR NCWRC W ILDLANDS ENGINEERING February 8, 2021 Kathryn Matthews US Fish and Wildlife Service Raleigh ES Field Office 551-F Pylon Drive Raleigh, NC 27606 Submitted via email: kathryn_matthews@fws.gov Subject: Rosewood Buffer Mitigation Bank Parcel Wayne County, North Carolina Dear Ms. Matthews, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to fish and wildlife issues associated with a potential riparian buffer restoration project on the Rosewood Mitigation Bank Parcel located in Wayne County, NC. A Site Map is enclosed. The site is located at latitude 35.406567 longitude-78.075854. The Rosewood Mitigation Bank Parcel is being developed to provide riparian buffer and nutrient offset mitigation in the Neuse River basin. The project will include buffer restoration and preservation along four unnamed tributaries and four ditches. This buffer mitigation 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 and channels proposed for buffer restoration is currently row crop agricultural fields. Restoring the vegetative buffer on the areas up to 200 feet from the streams and ditches will remove the crops and fertilizer inputs within the project area. The restored floodplain areas will filter sediment during high rainfall events. The establishment of riparian buffers will create shading to minimize thermal heating. Finally, newly planted native vegetation will provide cover and food for wildlife. The major goals of the proposed buffer restoration project are to provide ecological and water quality enhancements to the Neuse River Basin by creating a functional riparian corridor and restoring the riparian buffer. Waters of the United States 404/401 permitting is not required for this buffer mitigation site as construction activities will only involve planting riparian vegetation and will not impact project streams or downstream resources. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Carolyn Lanza, Environmental Scientist clanza(cDwildlandseng.com 313.969.7318 Attachments: Figure 1 Site Map WildIands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 ♦� ♦ : � 1 oo ` ' � 1 \i 1 i I �t t 1 1 I 1 1 1 1 i 1 Project Location Proposed Conservation Easement Utility Easement Project Stream` A� - . ✓ Q Project Ditch an r^� Non -Project Stream Figure 1. Site Map wwW I L D L 11 N D S 0 200 400 Feet Rosewood Mitigation Bank Parcel E N G I iV E E R I N G I i i i I Neuse River Basin (03020201) Wayne County, NC Carolyn Lanza From: Matthews, Kathryn H <kathryn_matthews@fws.gov> Sent: Monday, February 8, 2021 1:43 PM To: Carolyn Lanza Cc: Mann, Leigh Subject: Re: [EXTERNAL] RE: Rosewood and Black Dirt Mitigation sites - USFWS comments Attachments: Rosewood -USFWS Additional Project Information.pdf, Black Dirt -USFWS Additional Project Information.pdf Hi Carolyn, Thanks very much for the additional information for these two projects. Based on the information provided, indicating that there is no earth -moving proposed, and only planting of the stream and ditch buffers, the Service would concur with a Not Likely to Adversely Affect determination for any aquatic species that may be present in streams on the site or downstream. In the future, you can either include whatever information you think would be helpful for us to understand the project (mitigation plans, site maps), and/or you can include some extra information in the species conclusions table. For example, in the "Notes/Documentation" column, you could indicate that no earth -moving is proposed, or that the work involves only buffer planting. That would help justify your conclusions for species on -site and downstream. If there is the potential for listed aquatic species on or very close to the site, the more info you can provide us, the better. The Service is very pleased to see these types of projects proposed in these watersheds. If you have any questions while you are putting together Online Review Packages, please don't hesitate to contact me. Please note that I am teleworking almost exclusively. Email is the best way to reach me. Thanks, Kathy Matthews Fish and Wildlife Biologist U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 919-856-4520, x. 27 From: Carolyn Lanza <clanza@wildlandseng.com> Sent: Monday, February 8, 2021 11:07 AM To: Matthews, Kathryn H <kathryn_matthews@fws.gov> Subject: [EXTERNAL] RE: Rosewood and Black Dirt Mitigation sites - USFWS comments This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Hi Kathy, Attached is additional projection information to Black Dirt and Rosewood in Wayne County. Please let me know if there is anything else I can provide. Sincerely, Carolyn Lanza I Environmental Scientist 0: 919.851.9986 x113 M: 313.969.7318 Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 From: Matthews, Kathryn H <kathryn_matthews@fws.gov> Sent: Thursday, February 4, 2021 8:04 AM To: Carolyn Lanza <clanza@wildlandseng.com> Subject: Rosewood and Black Dirt Mitigation sites - USFWS comments Good morning, Please find attached comment letters for these two projects. Thanks for the opportunity to comment. Kirsten asked me to talk about the two Little River projects by phone. Let me know if you want me to set up a conference line for us to discuss them. Thanks, Kathy Please note that I am teleworking almost exclusively. Email is the best way to reach me. Thanks, Kathy Matthews Fish and Wildlife Biologist U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 919-856-4520, x. 27 z WILDLANDS E N G IN E E R I N G January 27, 2021 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Rosewood Mitigation Bank Parcel Wayne County, North Carolina Dear Ms. Gledhill -Earley, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential riparian buffer restoration project on the Rosewood Mitigation Bank Parcel located in Wayne County, NC. A Site Map and a USGS Topographic Map showing the approximate project area are enclosed. The topographic figure was prepared from the Northwest Goldsboro 7.5-Minute USGS Topographic Quadrangle, and the site is located at latitude 35.406567 longitude-78.075854. The Rosewood Mitigation Bank Parcel is being developed to provide riparian buffer and nutrient offset mitigation in the Neuse River. The project includes the restoration and preservation of riparian buffers along four unnamed tributaries and four ditches: UT to Charles Branch, UT1, UT2, UT3, and Ditch 1, 2, 3, and 4. There are few existing trees on site, with UT to Charles Branch, UT1 and UT2 flowing through agricultural fields, while UT3 flows between agricultural fields and residential lots. Ditch 1 and 3 have existing forested vegetation along one side, with agricultural land on the other side. Ditches 2 and 4 have little to no riparian buffers and are bordered by open agricultural land. The major goals of the riparian buffer and nutrient offset mitigation bank project are to provide ecological and water quality enhancements to the Neuse River Basin while creating a functional riparian corridor at the site level. This will be accomplished by restoring and or preserving the vegetative buffer on the areas up to 200 feet from streams and ditches, along with permanently preserving and protecting the site through establishing a conservation easement. No surveyed sites listed on the North Carolina State Historic Preservation Office (SHPO) are located within a mile of the site. In addition, the site is not located near any sites listed on the National Register with the SHPO. No other architectural structures or archaeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. We ask that you review the site based on the attached information to determine the presence of any historic properties within the conservation easement area proposed as shown on Figures 1 and 2. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, r Carolyn Lanza, Environmental Scientist clanza@wildlandseng.com 313.969.7318 Attachments: Figure 1 Site Map and Figure 2 USGS Topographic Map WildIan ds Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 i L. Ir ,1 1 Project Location 1 y 1 �•_—_ Proposed Conservation Easement Utility Easement Project Stream Project Ditch Non -Project Stream Figure 1. Site Map W I L D L A N D S 0 200 400 Feet Rosewood Mitigation Bank Parcel %��V E N G I N E E R I N G I J t Neuse River Basin (03020201) Wayne County, NC _ _ Proposed Conservation Easement I Re - \IRA rRL■ ' j Northwest Goldsboro, USGS 7.5 Minute Topographic Quadrangle TRA4 Figure 2. USGS Topographic Map VW ENGINEERING W I L N L A N D S 0 200 400 Feet Rosewood Mitigation Bank Parcel N G I rat E E R I tV G I + + + I Neuse River Basin (03020201) Wayne County, NC 6 � STAT£ r� Qunr-n •nog%'• North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson March 5, 2021 Carolyn Lanza clanzagwildlandseng com Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 Re: Rosewood mitigation bank, 35.406567,-78.075854, Wayne County, ER 21-0333 Dear Ms. Lanza: Thank you for your letter of January 27, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy �] State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Andrea Eckardt From: Tammy Pfaff Sent: Tuesday, June 15, 2021 10:40 AM To: Andrea Eckardt; Robert Bugg Subject: FW: Ronald & Paula Waters, Wayne County, NC Follow Up Flag: Follow up Flag Status: Flagged Andrea and Robert, Below is an email from the attorney regarding the CP&L easement rights. Tammy Pfaff I Paralegal 0:704.332.7754 M:828.387.7404 Wildlands Engineering, Inc 1430 S. Mint St, Suite 104 Charlotte, NC 28203 From: Trey Taylor <taylor@warrenkerr.com> Sent: Tuesday, June 15, 2021 10:34 AM To: Tammy Pfaff <tpfaff@wildlandseng.com> Subject: Ronald & Paula Waters, Wayne County, NC Ta m my, This email follows our telephone conference just now regarding the utility easement in favor of CP&L recorded in Book 533 at Page 495, Wayne County Registry encumbering Ronald & Paula Waters' property. Based upon my review of this utility easement, I do not interpret the rights of the utility company to clear and maintain the right-of-way under the overhead power lines to include the right to plug and stop up a ditch or negatively affect drainage on the property. Let me know if you have further questions. Trey L. E. (Trey) Taylor III, Attorney at Law Warren, Kerr, Walston, Taylor & Smith, L.L.P. 117 Ormond Avenue Goldsboro, N. C. 27530 Telephone No. (919) 734-1841 Fax No. (919) 734-4215 Email: taylor@warrenkerr.com 1 Spring Hill 114-250 Braswell Rd Goldsboro, NC 27530 Inquiry Number: 6187845.2s September 11, 2020 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR . Toll Free: 800.352.0050 www.edrnet.com FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 Overview Map 2 Detail Map 3 Map Findings Summary---------------------------------------------------- 4 Map Findings 8 OrphanSummary--------------------------------------------------------- 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum------------------------------------------ A-1 Physical Setting Source Summary A-2 Physical Setting Source Map A-7 Physical Setting Source Map Findings---------------------------------------- A-8 Physical Setting Source Records Searched------------------------------------. PSGRA 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. TC6187845.2s 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 114-250 BRASWELL RD GOLDSBORO, NC 27530 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator UTM X (Meters): UTM Y (Meters): Elevation: 35.4067080 - 35' 24' 24.14" 78.0754850 - 78' 4' 31.74" Zone 17 765584.1 3921877.2 106 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 5947420 NORTHWEST GOLDSBORO, NC 2013 Portions of Photo from: 20140525, 20141018 Source: USDA TC6187845.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: 114-250 BRASWELL RD GOLDSBORO, NC 27530 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 6187845.2s 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 TC6187845.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US ENG CONTROLS_ _ _ _ _ _ _ _ _ Engineering Controls Sites List US INST CONTROLS_ _ _ _ _ _ _ _. Institutional Controls Sites List Federal ERNS list ERNS_________________________ Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS_____________________ Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------- Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF_______________________ List of Solid Waste Facilities OLI____________________________ Old Landfill Inventory DEBRIS_______________________ Solid Waste Active Disaster Debris Sites Listing LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LAST__________________________ Leaking Aboveground Storage Tanks LUST -------------------------- Regional UST Database INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land LUST TRUST_________________ State Trust Fund Database State and tribal registered storage tank lists FEMA UST____________________ Underground Storage Tank Listing UST___________________________ Petroleum Underground Storage Tank Database AST___________________________ AST Database INDIAN 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 VCP___________________________ Responsible Party Voluntary Action Sites INDIAN VCP__________________ Voluntary Cleanup Priority Listing State and tribal Brownfields sites BROWNFIELDS______________ Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS----------- A Listing of Brownfields Sites TC6187845.2s EXECUTIVE SUMMARY EXECUTIVE SUMMARY Local Lists of Landfill / Solid Waste Disposal Sites HIST LF_______________________ Solid Waste Facility Listing SWRCY_______________________ Recycling Center Listing INDIAN ODI___________________ Report on the Status of Open Dumps on Indian Lands ODI___________________________ Open Dump Inventory DEBRIS REGION 9----------- Torres Martinez Reservation Illegal Dump Site Locations IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL_________________ Delisted National Clandestine Laboratory Register US CDL_______________________ National Clandestine Laboratory Register Local Land Records LIENS 2_______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS________________________ Hazardous Materials Information Reporting System SPILLS________________________ Spills Incident Listing IMD___________________________ Incident Management Database SPILLS 90____________________ SPILLS 90 data from FirstSearch SPILLS 80____________________ SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR _ _ _ _ _ _ _ _ RCRA - Non Generators / No Longer Regulated FUDS_________________________ Formerly Used Defense Sites DOD__________________________ Department of Defense Sites SCRD DRYCLEANERS_______ State Coalition for Remediation of Drycleaners Listing US FIN ASSUR_______________ Financial Assurance Information EPA WATCH LIST____________ EPA WATCH LIST 2020 COR ACTION_ _ _ _ _ _ _ _ _ _ _ 2020 Corrective Action Program List TSCA_________________________ Toxic Substances Control Act TRIS__________________________ Toxic Chemical Release Inventory System SSTS-------------------------- Section 7 Tracking Systems ROD__________________________ Records Of Decision RMP__________________________ Risk Management Plans RAATS________________________ RCRA Administrative Action Tracking System PRP___________________________ Potentially Responsible Parties PADS_________________________ PCB Activity Database System ICIS___________________________ Integrated Compliance Information System FTTS__________________________ FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS_________________________ Material Licensing Tracking System COAL ASH DOE_ _ _ _ _ _ _ _ _ _ _ _ _ _ Steam -Electric Plant Operation Data COAL ASH EPA______________ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER _ _ _ _ _ _ _ PCB Transformer Registration Database RADINFO --------------------- Radiation Information Database HIST FTTS____________________ FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS_____________________ Incident and Accident Data CONSENT____________________ Superfund (CERCLA) Consent Decrees TC6187845.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY 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 US MINES____________________ Mines Master Index File ABANDONED MINES --------- Abandoned Mines FINDS ------------------------- Facility Index System/Facility Registry System DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing UXO --------------------------- Unexploded Ordnance Sites ECHO ------------------------- Enforcement & Compliance History Information 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 MINES MRDS----------------- Mineral Resources Data System CCB___________________________ Coal Ash Structural Fills (CCB) Listing PCSRP------------------------ Petroleum -Contaminated Soil Remediation Permits 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 6Y1117Y0DPU71ki[ej&iIII 11*15I&Wn1Ya7I&I Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC6187845.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC6187845.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 6187845.2S Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 0 1/4 1/2 1 Mlles Indian Reservations BIA a Hazardous Substance Power transmission lines Disposal Sites Special Flood Hazard Area (1%) 0.2% Annual Chance Flood Hazard ■ National Wetland Inventory 0 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: Spring Hill CLIENT: Wildlands Eng, Inc. ADDRESS: 114-250 Braswell Rd CONTACT: Carolyn Lanza Goldsboro NC 27530 INQUIRY #: 6187845.2s LAT/LONG: 35.406708 / 78.075485 DATE: September 11, 2020 8:54 am Copyright �o 2020 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. DETAIL MAP - 6187845.2S NINA'S CHILD CtAR DIME O F o� e ° Ros w High O� p H LEEAGLES ALGA EMV c� z aR°SeWO P o °d Ro, a b 9e °n n; e i R a b rI frappe s Wo d D as °a p� Pa v e n R I d 9 e e Q.a 9 1 e s P° c Braswell Rd Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants i Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1/9 1/4 1/2 Mlles Indian Reservations BIA Hazardous Substance Power transmission lines Disposal Sites 0 National Wetland Inventory 0 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: Spring Hill CLIENT: Wildlands Eng, Inc. ADDRESS: 114-250 Braswell Rd CONTACT: Carolyn Lanza Goldsboro NC 27530 INQUIRY #: 6187845.2s LAT/LONG: 35.406708 / 78.075485 DATE: September 11, 2020 8:55 am Copyright �o 2020 EDR, Inc.(,) 2015 Tom Tom 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 CONTROLS 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 OLI 0.500 0 0 0 NR NR 0 DEBRIS 0.500 0 0 0 NR NR 0 LCID 0.500 0 0 0 NR NR 0 TC6187845.2s 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 0 0 0 NR NR 0 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 VCP 0.500 0 0 0 NR NR 0 INDIAN 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 Local Lists of Landfill / Solid Waste Disposal Sites HIST LF 0.500 SWRCY 0.500 INDIAN ODI 0.500 ODI 0.500 DEBRIS REGION 9 0.500 IHS OPEN DUMPS 0.500 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL 0.001 US CDL 0.001 Local Land Records LIENS 2 0.001 Records of Emergency Release Reports HMIRS 0.001 SPILLS 0.001 IMD 0.500 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 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 0 NR NR NR NR 0 0 0 0 NR NR 0 TC6187845.2s 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 DOCKET HWC 0.001 0 NR NR NR NR 0 UXO 1.000 0 0 0 0 NR 0 ECHO 0.001 0 NR NR NR 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 MINES MRDS 0.001 0 NR NR NR NR 0 CCB 0.500 0 0 0 NR NR 0 TC6187845.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property PCSRP 0.500 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 =1Q 7 7x0161T/=1 7=11ZrIG1V/=1 7kiIMtl=1ki11/n1YNah/�: 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 0 0 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 0 0 0 0 0 0 TC6187845.2s Page 7 Map ID Direction Distance Elevation Site • 10-A 19:9:10111 kl.] MAP FINDINGS EDR ID Number Database(s) EPA ID Number TC6187845.2s Page 8 m a