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HomeMy WebLinkAbout20200021 Ver 1_401 Application_20210617DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form April 4, 2021 Ver 4 Has this project met the requirements for acceptance in to the review process?* 6 Yes ✓ No Is this project a public transportation project?* CYes r No Change only 1 needed. BIMS # Assigned* Version#* 20200021 1 Is a payment required for this project?* ✓ No payment required 6 Fee received ✓ Fee needed - send electronic notification Select Project Reviewer* Erin Davis:eads\ebdavis Information for Initial Review la. Name of project: Bull Chute Stream and Wetland Mitigation Site la. Who is the Primary Contact?* Lin Xu lb. Primary Contact Email:* lin.xu@ncdenr.gov Date Submitted 6/17/2021 Nearest Body of Water Caraway Creek Basin Yadkin-PeeDee Water Classification C;NSW Site Coordinates Latitude: 35.8325 Pre -Filing Meeting Information Is this a courtesy copy notification? ✓ Yes rNo ID# 20200021 Pre -fling Meeting or Request Date 5/14/2021 Longitude: -79.8879 Attach documentation of Pre -Filing Meeting Request here: Cick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form.pdf PFR_form_Copy.pdf Ale type rrust be FCF Reviewing Office * Central Office - (919) 707-9000 lc. Primary Contact Phone:* (919)707-8319 Version 1 50.15KB 122.79KB A. Processing Information County (or Counties) where the project is located: Randolph Is this a NCDMS Project ✓ Yes r No Is this project a public transportation project?* ✓ Yes r No la. Type(s) of approval sought from the Corps: 17 Section 404 Permit (wetlands, streams and waters, Clean Water Act) n Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* ✓ Yes 6 No 1b. What type(s) of permit(s) do you wish to seek authorization? 7 Nationwide Permit (NWP) n Regional General Permit (RGP) I— Standard (IP) lc. Has the NWP or GP number been verified by the Corps? ✓ Yes rNo If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.* na Nationwide Permit (NWP) Number: 27 - Restoration NWP Numbers (for multiple NWPS): Id. Type(s) of approval sought from the DWR: 17 401 Water Quality Certification - Regular n Non-404 Jurisdictional General Permit n Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* ✓ Yes ( No n 401 Water Quality Certification - Express n Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes GNo lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ✓ Yes rNo Acceptance Letter Attachment Approval Letter_NCDMS Bull Chute_SAW-2020-00049.pdf 209.87KB 1h. Is the project located in any of NC's twenty coastal counties? ✓ Yes GNo 1j. Is the project located in a designated trout watershed? ✓ Yes f No B. Applicant Information Id. Who is applying for the permit? n Owner 17 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* 6 Yes r No 2. Owner Information ✓ Yes r: No ✓ Yes F No 2a. Name(s) on recorded deed: Clarence H. Jones Jr. and Susan Redding Jones 2b. Deed book and page no.: Deed Book:1856 pg.2359 2c. Contact Person: 2d. Address Street Address 1408 Brookwood Drive Address Line 2 city Reidsville Fbstal / Zip Cork 27320 2e. Telephone Number: (336)342-6171 2g. Email Address:* smiledr526@gmail.com 2a. Name(s) on recorded deed: Curtis A. Redding 2b. Deed book and page no.: Deed Book:2213 pg. 0883 2c. Contact Person: 2d.Address Street Address 2546 Marlboro Church Rd. Address Line 2 Sophia Postal / Zip (bide 27350 2e. Telephone Number: (336)963-4090 2g. Email Address:* clearwatermitigation@gmail.com 2a. Name(s) on recorded deed: David Lee and Beverly Shipton 2b. Deed book and page no.: Deed Book: 1713 pg. 504 2c. Contact Person: 2d. Address Street Address 4239 Stewart Road Address Line 2 city Sophia Postal / Zip Cade 27350 2e. Telephone Number: (336)880-0850 2g. Email Address:* clearwatermitigation@gmail.com 2a. Name(s) on recorded deed: Barry B. and Regina H. Spencer 2b. Deed book and page no.: Deed Book: 2260 pg. 0218 2c. Contact Person: 2d. Address State/ Province/ Fiagion NC Country United States 2f. Fax Number: State/ Province / Rsgion NC Country United States 2f. Fax Number: State/ Province/ Ragion NC Country United States 2f. Fax Number: Street Address 2879 Marlboro Church Road Address Line 2 aty State / Province / legion Sophia NC Postal / Zip (.ode Country 27350 United States 2e. Telephone Number: 2f. Fax Number: (336)267-1018 2g. Email Address:* clearwatermitigation@gmail.com 3. Applicant Information (if different from owner) 3a. Name: Lin Xu 3b. Business Name: NC Division of Mitigation Services 3c. Address Street Address 217 West Jones Street Address Line 2 atY State / Rovince / legion Raleigh NC Postal / ZZp Code Country 27603 United States 3d. Telephone Number: 3e. Fax Number: (919)707-8319 3f. Email Address:* lin.xu@ncdenr.gov 4. Agent/Consultant (if applicable) 4a. Name: Kevin Yates 4b. Business Name: Clearwater Mitigation Solutions 4c.Address Street Address 604 Macon Place Address Line 2 (Sty State / Province / Region Raleigh NC Postal / Zip Qode Country 27609 United States 4d. Telephone Number: 4e. Fax Number: (919)624-6901 4f. Email Address:* clearwatermitigation@gmail.com Agent Authorization Letter* Bull Chute - Land Owner Auth. Forms.pdf 878.8KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (d appropriate) lc. Nearest municipality/ town: Sophia 2. Project Identification 2a. Property Identification Number: 7736611524, 7735691887, 7735698612, 773568522, 7735882804, 7736807108 2b. Property size: 33 2c. Project Address Street Address Marlboro Church Rd Address Line 2 (Sty State / Aovince / Region Sophia NC Festal / Zip Code Country 27350 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Caraway Creek 3b. Water Resources Classification of nearest receiving water:* C; NSW 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. 030401030404 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Site has been in essentially the same working condition since the early 1990s, with pastureland used for grazing and forest scattered throughout. The pond at the upper reaches of UT 2 was constructed in 1999; however, the pond never seemed to have filled entirely, except during the wettest years. No other appreciable changes (timbering or other construction activities) appear to have occurred within, or immediately adjacent to the Site boundaries. Land use at the Site is characterized by disturbed forest and livestock pasture. Riparian zones are primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land -management activities. The Site provides water quality functions to an approximately 0.34-square mile (218.5-acre) watershed at the outfall; Site tributary watershed sizes range from 0.01-0.19 square mile (5.4-120.9 acres). The watershed is dominated by pasture, forest, and sparse residential development. Impervious surfaces account for less than 2 percent of the upstream watershed land surface. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes (- No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) BullChute_Fig1_SiteLocation.pdf 824.27KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) BullChute_Figure2_SoilSurvey.pdf 736.56KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.928 4g. List the total estimated linear feet of all existing streams on the property: 8,720 4h. Explain the purpose of the proposed project:* To provide high quality compensatory mitigation for authorized stream and wetland impacts via stream restoration, stream enhancement (Level I, II, and II), riparian wetland rehabilitation, wetland reestablishment, and wetland enhancement. Proposed restoration activities include the construction of meandering, E/C-type stream channel resulting in 6974 linear feet of Priority I stream restoration, 617 linear feet of stream enhancement (Level I), 833 linear feet of stream enhancement (Level II), 450 linear feet of stream enhancement (Level II with an adjusted ratio), 3.13 acres of riparian wetland re- establishment, 0.114 acres of riparian wetland rehabilitation , and 1.462 acre of riparian wetland enhancement. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* A detailed description of the proposed activities is provided in the attached Mitigation Plan. The project will be completed with standard earth -moving equipment, including a track hoe, track truck, pump around, and bulldozer. 4j. Please upload project drawings for the proposed project. 2021-06-15 Bull Chute (DMS Project 100137 ) -Final Mit. Plan - w. Response to IRT Cmts.pdf 98.55MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* 6 Yes Comments: r No r Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* F Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW-2020-00049 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Phillip Perkinson, Kenan Jernigan, Sandy Smith, Grant Lewis Mom Environmental 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A site visit was conducted on May 19, 2020 in which streams and wetlands on the site were verified and amended. The signed Notification of Jurisdictional Determination dated May 27, 2020 is attached. 5d1. Jurisdictional determination upload SAW-2020-00650 signed PJD.pdf 6.41MB 6. Future Project Plans 6a. Is this a phased project?* r Yes t: No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): 17 Wetlands 17 Streams -tributaries r7 Open Waters r Pond Construction 2. Wetland Impacts r Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* GG Ecological Restoration P Bottomland Hardwood Forest Wetland GG Yes Corps 0.025 (acres) GH Ecological Restoration P Bottomland Hardwood Forest Wetland GH Yes Corps 0.019 (acres) GK Ecological Restoration P Bottomland Hardwood Forest Wetland GK Yes Corps 0.024 (acres) KA Ecological Restoration P Bottomland Hardwood Forest Wetland KA Yes Corps 0.069 (acres) KB Ecological Restoration P Bottomland Hardwood Forest Wetland KB Yes Corps 0.005 (acres) PF Ecological Restoration P Bottomland Hardwood Forest Wetland PF No Corps 0.009 (acres) PI Ecological Restoration P Bottomland Hardwood Forest Wetland PI Yes Corps 0.036 (acres) PL Ecological Restoration P Headwater Forest Wetland PL No Corps 0.007 (acres) PN Ecological Restoration P Headwater Forest Wetland PN No Corps 0.020 (acres) WA Ecological Restoration P Bottomland Hardwood Forest Wetland WA No Corps 0.024 (acres) WB Ecological Restoration P Headwater Forest Wetland WB No Corps 0.026 (acres) WC Ecological Restoration P Headwater Forest Wetland WC No Corps 0.001 (acres) WD Ecological Restoration P Bottomland Hardwood Forest Wetland WD Yes Corps 0.012 (acres) WE Ecological Restoration P Headwater Forest Wetland WE No Corps 0.012 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.289 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.289 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name * 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width * 3h. Impact length* S1 Ecological Restoration Permanent Relocation UT-1 Perennial Corps 8 Average (feet) 1,623 (linear feet) $2 Ecological Restoration Temporary Bank Stabilization UT-1 Perennial Corps 8 Average (feet) 1,360 (linear feet) S3 Ecological Restoration Permanent Relocation UT-2 Intermittent Corps 8 Average (feet) 601 (linear feet) S4 Ecological Restoration Permanent Relocation UT-3 Perennial Corps 8 Average (feet) 588 (linear feet) S5 Ecological Restoration Temporary Bank Stabilization UT-3 Perennial Corps 8 Average (feet) 1,242 (linear feet) S6 Ecological Restoration Permanent Relocation UT-4 Perennial Corps 8 Average (feet) 386 (linear feet) 37 Ecological Restoration Temporary Bank Stabilization UT-4 Perennial Corps 8 Average (feet) 2,077 (linear feet) 38 Ecological Restoration Permanent Relocation Ur-4A Intermittent Corps 4 Average (feet) 232 (linear feet) S9 Ecological Restoration Temporary Bank Stabilization Ur-4A Intermittent Corps 4 Average (feet) 52 (linear feet) 010 Ecological Restoration Permanent Relocation UT-4B Intermittent Corps 4 Average (feet) 161 (linear feet) 011 Ecological Restoration Temporary Bank Stabilization UT-4B Intermittent Corps 4 Average (feet) 11 (linear feet) S12 Ecological Restoration Permanent Relocation UT-4C Intermittent Corps 3 Average (feet) 135 (linear feet) S13 Ecological Restoration Permanent Relocation UT-5 Intermittent Corps 3 Average (feet) 53 (linear feet) S14 Ecological Restoration Permanent Relocation UT-6 Intermittent Corps 3 Average (feet) 40 (linear feet) S15 Ecological Restoration Temporary Bank Stabilization UT-6 Intermittent Corps 3 Average (feet) 32 (linear feet) S16 Ecological Restoration Temporary Bank Stabilization UT-7 Intermittent Corps 3 Average (feet) 127 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3,819 3i. Total stream and ditch impacts: 2423 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 4.901 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbodytype 4f. Impact area PA Ecological Restoration P Pond PA Dewatering Pond 0.15 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 0.15 4g. Total open water impacts: 0.15 4h. Comments: dam removal on a 0.156 acre pond E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This is a stream and wetland mitigation project. The proposed project is anticipated to increase function and length/area of jurisdictional streams and wetlands. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The only activities that will take place in the stream are filling and stabilization of banks, the placement of channel bed material, and the installation of cross vanes and drop structures. No machinery wdll be driven within existing stream channels. If water is present, channels will be temporarily dewatered and all work will be performed in the dry. Impacts to jurisdictional areas are designed to benefit hydrology and vegetative communities. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ✓ Yes 6- No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: N/A as this is a stream and wetland mitigation project. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ✓ Yes ( No If no, explain why: This site is not located within any designated NC Riparian Buffer Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* ✓ Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ✓ Yes r No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* « Yes r No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPAUSEPA)?* ✓ Yes r No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* ( Yes r No NEPA or SEPA Final Approval Letter App_E_NCNHP_and_CE_Doc.pdf 10.34MB 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* ✓ Yes rNo 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* ✓ Yes « No 3b. If you answered "no," provide a short narrative description. This is a stream and wetland mitigation project and is anticipated to improve water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* ✓ Yes r No « WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* « Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* « Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* ✓ Yes 5e. Is this a DOT project located within Division's 1-8? ✓ Yes « No « No r Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? « Yes r No 5g. Does this project involve bridge maintenance or removal? ✓ Yes « No 5h. Does this project involve the construction/installation of a wind turbine(s)?" ✓ Yes « No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? ✓ Yes « No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Raleigh Office direct communication Consultation Documentation Upload BuIlChuteUSFWS.pdf 4.19MB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* ✓ Yes « No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Fisheries Essential Fish Habitat Mapper v2.0 (online) 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* ✓ Yes « No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC Historic Preservation Office direct communication 7c. Historic or Prehistoric Information Upload BullChute_SHPO.pdf 243.64KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* ✓ Yes « No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Insurance Rate Map (DFIRM panel number 7735) Miscellaneous Comments Miscellaneous attachments not previously requested. App_F_FEMA.pdf Bu IlChute_Impact_Figuress.pdf App_E_NCNHP_and_CE_Doc.pdf BullChute_100137_MP_2021.pdf BullChute401 FeeMemo.pdf 25.36MB 5.74MB 10.34MB 62.62MB 761.27KB Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Kevin Yates Signature Full Name (DMS Signature) Lin Xu DSM Signature Date 6/17/2021 MEMORANDUM: TO: Debby Davis FROM: Lin Xu SUBJRCT: Payment of Permit Fee for 401 Certificate Application DATE: June 18, 2021 Th e Division of Mitigation Services (DMS) is implementing a mitigation project for Bull Chute Stream and Riparian Wetland Mitigation Site in Randolph County (DMS IMS # 100137). The activities associated with this restoration project involve stream restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre - construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter, I can be reached at 919-707 -8319. Thanks for your assistance. c c: Erin Davis, DWR LX `LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1856 Page: 2359 County: Randolph Parcel ID Number: 7736807108 Street Address: NIA Property Owner (please print): Mr. Bert Jones Property Owner (please print): Mrs. Susan Jones The undersigned, registered property owner(s) of the above property, do hereby authorize of Clearwater Mitigation Solutions (Contractor/Agent/Project Manager)' (Name of Contractor/Agent Firm/Agency)2 to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: Mr. Bert Jones and Mrs. Susan Jones (if different from above) 1408 Brookwood Drive, Reidsville, NC 27320 Property Owner Telephone Number: 336) "312 -(,17/ Property Owner Telephone Number: We hereby certify the above information to be true and accurate to the best of our knowledge. &k5i4cl&1th4t(Property Owner Authod Signature) (144 (Property Owner Authorized Signature) (Date) '-1- YID-. /9 (Date) 'Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build). 2Name of company (full -deliveries) or DMS (design -bid -build). `LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 2260 Page: 0218 County: Randolph Parcel ID Number: 7736611524 Street Address: N/A Property Owner (please print: Mr. Barry Spencer Property Owner (please print): Mrs, Regina Spencer The undersigned, registered property owner(s) of the above property, do hereby authorize of Clearwater Mitigation Solutions (Contractor/Agent/Project Manager)' (Name of Contractor/Agent Firm/Agency)2 to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: 2879 Marlboro Church Road (if different from above) Sophia. NC 27350 Property Owner Telephone Number: S? 6 - 1 - /121 V Property Owner Telephone Number: We hereby certify the above information to be true and accurate to the best of our knowledge. (Property er Authorized Si ' ature) (Date) e , a 44 ahhA.a tfh (Property Owner Authorized Signa ure) (Date) Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build). Name of company (full -deliveries) or DMS (design -bid -build). 'LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1713 Page: 0504 County: Randolph Parcel ID Number: 773 5882804 Street Address: 4239 Stewart Road Sophia. NC 27350 Property Owner (please print: Mr. David Shipton Property Owner (please print): Mrs. Beverly Shipton The undersigned, registered property owner(s) of the above property, do hereby authorize of Clearwater Mitigation Solutions (Contractor/Agent/Project Manager)' (Name of Contractor/Agent Firm/Agency)2 to take all actions necessary for the evaluation of the property as a potential stream, wetland andlor riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: -3- 8 E a " OS 6-0 Property Owner Telephone Number: We hereby certify the above information to be true and accurate to the best of our knowledge. ro.41101 perty Owner Authorized/Signature) 74.7 Pro�ner Aut orized Si Signature) p� g ) llate) (Date) 'Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build). Name of company (full -deliveries) or DMS (design -bid -build). 'LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: The below parcels located in Randolph County: 1) Deed Book 001416 Page No. 0154 and Parcel Identification Numbers (PIN), 7735691887 2) Deed Book 001187 Page No. 2018 and Parcel Identification Numbers (PIN), 7735692334 3) Deed Book 001447 Page No. 0980 and Parcel Identification Numbers (PIN), 7735698612 4) Deed Book 001856 Page No. 2361 and Parcel Identification Numbers (PIN), 7735685225 Street Address: N/A Property Owner (please print: Curtis Redding Property Owner (please print): The undersigned, registered property owner(s) of the above property, do hereby authorize of Clearwater Mitigation Solutions (Contractor/Agent/Project Manager)' (Name of Contractor/Agent Firm/Agency)Z to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: 4126 Baker Farm Road (if different from above) Sophia, NC 27350 Property Owner Telephone Number: 336 ` a / q ^ Q L/0Y Property Owner Telephone Number: We hereby certify the above information to be true and accurate to the best of our knowledge. C-4_,..L a. (Property Owner Authorized Signature) (Date) (Property Owner Authorized Signature) (Date) 'Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build). Name of company (full -deliveries) or DMS (design -bid -build). DWR Pre -Filing Meeting Request Form Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Grant Lewis glewis@axiomenvironmental.org NC Division of Mitigation Services Bull Chute Randolph Street Address 217 West Jones Street Address Line 2 City State / Rovince / Region Raleigh NC Fbstal / Zip Code Country 27603 US Is this a transportation project?* r Yes c: No Type(s) of approval sought from the DWR: l 401 Water Quality Certification - I— 401 Water Quality Certification - Reg ula r Express I— Individual Permit I— Modification I— Shoreline Stabilization Does this project have an existing project ID#?* c: Yes (' No Please list all existing project ID's associated with this projects.* DWR Project # 20200021 / NCDMS Project # 100137 / SAW-2020-0049 Do you know the name of the staff member you would like to request a meeting with? No Please give a brief project description below and include location information.* The Site encompasses 31.7 acres of disturbed forest and livestock pasture along unnamed tributaries to Caraway Creek. In its current state, the Site includes 8720 linear feet of degraded stream channel, 1.9 acres of degraded wetland, 3.6 acres of drained hydric soil. Proposed restoration activities include the construction of meandering, E/C-type stream channel resulting in 6974 linear feet of Priority I stream restoration, 617 linear feet of stream enhancement (Level I), 833 linear feet of stream enhancement (Level II), 450 linear feet of stream enhancement (Level II with an adjusted ratio), 3.13 acres of riparian wetland re-establishment, 0.114 acres of riparian wetland rehabilitation , and 1.462 acre of riparian wetland enhancement. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • !also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 5/14/2021 5/14/2021 Submission Completed DWR Pre -Filing Meeting Request Form Contact Name* Grant Lewis Contact Email Address* glewis@axiomenvironmental.org Project Owner* NC Division of Mitigation Services Project Name* Bull Chute Project County* Randolph Owner Address: * Street AddreFe 217 West Jones Street Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27603 US Is this a transportation project?* (-) Yes QQ No Type(s) of approval sought from the DWR: .. 401 Water Quality Certification - Regular ❑ Individual Permit ❑ Shoreline Stabilization Does this project have an existing project ID#?* Yes No Please list all existing project ID's associated with this projects.* DWR Project # 20200021 / NCDMS Project # 100137 / SAW-2020-0049 NORTH CAROLINA Envlronmrntc! Qrralily 401 Water Quality Certification - Express Modification Do you know the name of the staff member you would like to request a meeting with? No https://edocs.deq.nc.gov/Forms/Form/Submit 1 /2 5/14/2021 Submission Completed Please give a brief project description below and include location information. * The Site encompasses 31.7 acres of disturbed forest and livestock pasture along unnamed tributaries to Caraway Creek. In its current state, the Site includes 8720 linear feet of degraded stream channel, 1.9 acres of degraded wetland, 3.6 acres of drained hydric soil. Proposed restoration activities include the construction of meandering, E/C-type stream channel resulting in 6974 linear feet of Priority I stream restoration, 617 linear feet of stream enhancement (Level I), 833 linear feet of stream enhancement (Level II), 450 linear feet of stream enhancement (Level II with an adjusted ratio), 3.13 acres of riparian wetland re- establishment, 0.114 acres of riparian wetland rehabilitation , and 1.462 acre of riparian wetland enhancement. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature* Submittal Date 5/14/2021 https://edocs.deq.nc.gov/Forms/Form/Submit 2/2 m a Randolph County, NC Z 0 fn U 0 0 0 0 0] w LL 0 0 tri a` O 0 USGS 7.5 Minute Topographic Map (Glenola and Randleman, NC Quads) Randolph County, NC 0 0 0 O O CO 0 0 a` Randolph County, NC Z 0 (.0U 0 0 0 0 0] w LL 0 0 Z O 0 w CC L_ Randolph County, NC 0 0 0 O O CO 0 0 a` Randolph County, NC 0 w 0 0 0 z a` 0 0 Randolph County, NC 0 w 0 0 c0 z a` CO 0 a` Randolph County, NC 0 N O Q co O O 0 z a` SPECIES CONCLUSION TABLE, & CORRESPONDENCE WITH US FISH & WILDLIFE SERVICE Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Axiom Environmental, Inc. May 8, 2020 Kathy Matthews Fish & Wildlife Biologist US Fish & Wildlife Services Raleigh Field Office Submitted electronically to Kathryn matthews@fws.gov Re: Bull Chute Stream & Wetland Mitigation Site, Randolph County, NC Federally Protected Species Dear Ms. Matthews: Clearwater Mitigation Solutions, of Raleigh, NC has been awarded a contract by DMS to provide 7583 Stream Mitigation Units and 4.1 Wetland Mitigation Units at the Bull Chute Stream & Wetland Mitigation Site, Randolph County, North Carolina. One of the earliest tasks to be performed is completion of an environmental screening and preparation/submittal of a Categorical Exclusion (CE) document. This document is specifically required by the Federal Highway Administration (FHWA) to ensure compliance with various federal environmental laws and regulations. DMS must demonstrate that its projects comply with federal mandates as a precondition to FHWA reimbursement of compensatory mitigation costs borne by the North Carolina Department of Transportation to offset its projects' unavoidable impacts to streams and wetlands. The last outstanding item for the CE and purpose of this letter is to request concurrence from the US Fish & Wildlife Service concerning federally protected species biological conclusions for the Bull Chute Stream & Wetland Mitigation Site. Please review and comment on any possible issues that might emerge with respect to the Fish and Wildlife Coordination Act from the potential mitigation project. This letter provides information about the project including the project location & description, the mitigation plan, and information concerning the presence of suitable habitat for listed species with biological conclusions. Please find attached a USGS map depicting the proposed project's conservation easement boundary. Project Location & Description The project site is located in Randolph County, less than one mile northwest of New Market and 4.5 miles northwest of Randleman The Site is located within Targeted Local Watershed and Local Watershed Plan Area (Caraway Creek) 14-digit HUC (03040103050040) of the Yadkin River basin. Stream and wetland mitigation areas are located along unnamed tributaries (UTs) to Caraway Creek; current land use is active pastureland. Riparian zones are primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land - management activities. The proposed conservation easement area contains approximately 32.8 acres. The Bull Chute Mitigation Site is located within the Southern Outer Piedmont ecoregion of the Piedmont Physiographic Province. The ecoregion is characterized by dissected irregular plains, some rounded hills and ridges, and low to moderate gradient streams with cobble, gravel, and sandy substrates. Onsite elevations range from a high of 790 feet National Geodetic Vertical Datum (NGVD) at the upper reaches to a low of approximately 690 feet NGVD at the Site outfall (USGS Glenola, North Carolina 7.5-minute topographic quadrangle). Site tributary watershed sizes range from 0.02-0.19 square miles (11-121 acres). The watershed is dominated by pasture, agricultural land, forest, and sparse residential property. Impervious surfaces account for less than 1 percent of the upstream watershed land surface. Page 12 Soils that occur within the Site, according to the Web Soil Survey (USDA 2019) are described in the following table. Web Soil Survey Soils Manned within the Site Map Unit Symbol Map Unit Name (Classification) Hydric Status Description BaE Badin-Tarrus complex (Typic Hapludults-Typic Kanhapludults) Non-hydric This series consists of well -drained soils found on hillslopes on ridges. The parent material is residuum weathered from metavolcanics and/or argillite. Depth to the seasonal high- water table and restrictive features is more than 80 inches. Slopes are 25-45 percent. MaC, MeB2, MeC2 Mecklenburg loam and clay loam (Ultic Hapludalfs) Non hydric This series consists of well -drained soils found on hillslopes on ridges. The parent material is saprolite derived from diorite and/or gabbro and/or diabase and/or gneiss. Depth to the seasonal high-water table is more than 80 inches. Depth to restrictive features is 40-60 inches to paralithic bedrock. Slopes are 2-15 percent. WvB2, WvC2 Wynott-Enon complex (Typic Hapludalfs-Ultic Hapludalfs) Non-hydric This series consists of well -drained soils found on hillslopes on ridges. The parent material is saprolite derived from diorite and/or gabbro and/or diabase and/or gneiss. Depth to the seasonal high-water table and restrictive features is more than 80 inches. Slopes are 2-15 percent. Existing wetlands and drained hydric soils were mapped by a licensed soil scientist (NC LSS # 1233) on July 29, 2019 as soils of the Wehadkee series Mitigation Plan Stream restoration efforts are designed to restore a stable stream that approximates hydrodynamics, stream geometry, and local microtopography relative to reference conditions. Restoration at the Site will be Priority I restoration; therefore, bankfull elevations will be raised to meet the adjacent valley floodplain elevation. Stream restoration is expected to entail 1) channel excavation, 2) spoil stockpiling, 3) channel stabilization, 4) channel diversion, and 5) channel backfill. Stream enhancement will entail restoration of stream dimension, installation of easement markers, the removal of livestock, planting riparian buffers with native forest vegetation to facilitate stream recovery and prevent further degradation of the stream, and/or the removal of invasive species. Alternatives for wetland reestablishment are designed to restore a fully functioning wetland system, which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by stream degradation, ditching and dredging, vegetative clearing, livestock trampling, and other land disturbances associated with land use management. Wetland reestablishment options should focus on the removal of livestock, restoration of vegetative communities, restoration of stream corridors and historic groundwater tables, and the reestablishment of soil structure and microtopographic variations. Restoration of floodplain forest allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Revegetating floodplains will provide overall system stability, shade, and wildlife habitat. In addition, viable riparian communities will improve system biogeochemical function by filtering pollutants from overland and shallow subsurface flows and providing organic materials to adjacent stream channels. Variations in vegetative planting will occur based on topography and hydraulic condition of soils. Vegetative species composition will be based on RFEs, site -specific features, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include: 1) Piedmont/Low Mountain Alluvial Forest, 2) Dry-Mesic Oak -Hickory Forest and 3) Streamside Assemblage. Page 13 Bare -root seedlings within the Piedmont Alluvial Forest and Dry-Mesic Oak -Hickory Forest will be planted at a density of approximately 680 stems per acre on 8-foot centers, and in the stream -side assemblage at a density of approximately 2720 stems per acre on 4-foot centers Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. NC Natural Heritage Program A search of the NC Natural Heritage Program (NHP) database was conducted and no federally or state -protected species are known to occur within the Site. One record of Schweinitz's sunflower (Helianthus schweinitzii) has previously been identified within a one -mile radius of the Site (see attached). Federally Protected Species The US Fish and Wildlife Service's website was reviewed and two federally -protected species are known to occur in Randolph County. A habitat assessment and biological conclusion for each are provided below. Cape Fear shiner (Notropis mekistocholas) Endangered Biological conclusion: No Effect The Cape Fear shiner is known only from the Cape Fear River watershed. In general, habitat occurs in streams with clean gravel, cobble, or boulder substrates. It is most often observed inhabiting slow pools, riffles, and slow runs associated with water willow (Justicia americana) beds, which it uses for cover. Juveniles can be found inhabiting slackwater, among large rock outcrops and in flooded side channels and pools. Spawning occurs May through June, when water temperatures reach 66 degrees Fahrenheit. The Site is located in the Yadkin River Basin; therefore, this project will have no effect on Cape Fear shiner. Schweinitz's sunflower (Helianthus schweinitzii) Endangered Biological conclusion: No Effect Schweinitz's sunflower is found along roadside rights -of -way, maintained power lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for simlight. It is intolerant of full shade and excessive competition from other vegetation. Schweinitz's sunflower occurs in a variety of soil series; it is generally found growing on shallow sandy soils with high gravel content. The Site is currently an active pasture subject to continuous grazing and cattle traffic, bushhogging, and land maintenance activities. The species has not been documented in the area, nor has there been Critical Habitat designated for the species. The post -construction condition of the Site may create appropriate habitat for Schweinitz's sunflower. Due to grazing impacts and active disturbance of the existing land use, habitat for Schweinitz's sunflower is currently lacking; therefore, this project will have no effect on Schweinitz's sunflower. In addition, construction will not occur prior to the active survey window (late August -frost); therefore, surveys will be completed prior to construction during the optimal survey window in the event of any Site condition changes. Should you have any questions or need any additional information, please feel free to contact me at (919) 215-1693. Sincerely, AXIOM ENVIRONMENTAL, INC. Grant Lewis President/Senior Project Manager Attachments: Figure 1. Site Location NCNHP Report Randolph County, NC Z 0 (.0U 0 0 0 N O 0 O N Z 0 0 O USGS 7.5 Minute Topographic Map (Glenola and Randleman, NC Quads) w CC L_ NINE •s • NC DEPARTMENT OF ■ ■ ■■ NATURAL AND CULTURAL RESOURCES • ■o■ Allison Keith Axiom Environmental 218 Snow Ave Raleigh, NC 27603 RE: Bull Chute; 19-008.01 Dear Allison Keith: Roy Cooper, Governor Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship August 1, 2019 NCNHDE-9898 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerna ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 w. JONES STREET. RALEIGH. NC 27603 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 919.707,9120 • FAX 919,707,9121 $ \ \ 0 c e 3 0 \ e E § / / 2 \ ƒ \ \ /3 \\ \ \ ƒ \ \ \ CD 0 \ 0 / \ E / \ \ \ Z / \ 0 \ \ 0 -Oro- a) E } 0 / \ \ \ E 0 0 } ± 0 O \ E / \ s /c \� \ % Taxonomic \ \ Occ 0 \� 1 1 / e 3 \ % / \ _ 0 c 2017-08-31 0 0 \ \ 6 % 0 \ No Natural Areas are Documented Within a One -mile Radius of the Project Area 1 \ e % \ 0 2 \ 0 Local Government D /— 0 0 CY)a $ \ \ \ 0 E a) .0 ( 0 c 29/ / yaE a)0 0 E \ = o s e DOZ\ \ \ e ° / \ \ _® E .2 / / a)» a 0E.2O o//y \ / 0 0 <<cu ss.9c CD CD z cc e e 0 e x x Z 2 0 0 ncnhde.natureserve.or NCNHDE-9898: Bull Chute ra. C 0 l P21 stne0 uosueie Qa 0 CC (ay i 1 O /o, . **•.(••• 1S0 � Q�c rxR� m Nelson Pa p it Pa WJej wIP�pN 0 cr L 2 L U �b ��O //iIII/, Py ue>IiIIW rn 0 N N E s o — 0 Project Boundary Buffered Project Boundary Managed Area (MAREA) VA Corri Faquin From: Matthews, Kathryn H <kathryn_matthews@fws.gov> Sent: Wednesday, May 13, 2020 1:01 PM To: Corri Faquin Cc: Kevin Yates; Grant Lewis Subject: Re: [EXTERNAL] Bull Chute Mitigation Site Attachments: 20200406_LTRSNT_FWS_COE_NCDMSBullChuteMitigationSiteSAW-2020-00049.pdf Hi Corri, I sent a "no objection" letter to the Corps for this project on April 6. I've attached the letter. I hope you are well, 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: Corri Faquin <cfaquin@axiomenvironmental.org> Sent: Friday, May 8, 2020 1:31 PM To: Matthews, Kathryn H <kathryn_matthews@fws.gov> Cc: Kevin Yates<clearwatermitigation@gmail.com>; Grant Lewis <glewis@axiomenvironmental.org> Subject: [EXTERNAL] Bull Chute Mitigation Site Ms. Matthews Clearwater Mitigation Solutions, of Raleigh, NC has been awarded a contract by DMS to provide 7583 Stream Mitigation Units and 4.1 Wetland Mitigation Units at the Bull Chute Stream & Wetland Mitigation Site, Randolph County, North Carolina. One of the earliest tasks to be perfoiined is completion of an environmental screening and preparation/submittal of a Categorical Exclusion (CE) document. The last outstanding item for the CE and purpose of attached letter is to request concurrence from the US Fish & Wildlife Service concerning federally protected species biological conclusions for the Site. Please let us know if you have any questions or if you would like any additional infonation. Thank you, Corri Corri Faquin AXIOM ENVIRONMENTAL, INC 218 Snow Avenue Raleigh, NC 27603 919-414-2471 cfaquin@axiomenvironmental.org axiomenvironmental.org 1 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office 55 1-F Pylon Drive Raleigh, North Carolina 27606 April 6, 2020 Kim Browning U.S. Army Corps of Engineers, Wilmington District Mitigation Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: NCDMS Bull Chute Mitigation Site / SAW-2020-00049/ Randolph County Dear Mrs. Browning: The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the activity as described in the permit application. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and threatened species in North Carolina is now available on our website at <http://www.fws.gov/raleigh>. Our web page contains a complete and updated list of federally protected species, and a list of federal species of concern known to occur in each county in North Carolina. The Service appreciates the opportunity to review and provide comments on the proposed action. Should you have any questions regarding the project, please contact John Ellis at (919) 856-4520, extension 26. Sincerely, Xt for Pete Benjamin, Field Supervisor cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh CORRESPONDENCE FROM NC STATE HISTORIC PRESERVATION OFFICE Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Axiom Environmental, Inc. March 4, 2020 Renee Gledhill -Earley, Environmental Review Coordinator North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Submitted electronically to environmental.review@ncdcr.gov Re: Bull Chute Stream & Wetland Mitigation Site, Randolph County, NC Dear Renee, The purpose of this letter is to request written concurrence from the State Historic Preservation Office (SHPO) for the Bull Chute Stream & Wetland Mitigation Site in Randolph County, a Full -Delivery project for the N.C. Division of Mitigation Services. Please review and comment on any possible issues that might emerge with respect to SHPO from a potential stream restoration project depicted on the attached mapping. Project Name: Bull Chute Stream & Wetland Mitigation Site Project Location: 4126 Baker Farm Road, Sophia, NC 27350 (35.8325°N, 79.8879°W) Project Contact: Kevin Yates, Clearwater Mitigation Solutions, 604 Macon Place, Raleigh, NC 27604 Project Description: The project has been identified for the purpose of providing in -kind mitigation for unavoidable stream and wetland impacts. Permits will be obtained from the NC DWR and USACE to restore waters of the US as well as soil and erosion control permits. The project encompasses 32.8 acres of active pastureland. Approximately 8758 linear feet of stream and 5.1 acres of riparian wetland will be restored or enhanced as part of this project. The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site significance are made with reference to the eligibility criteria of the National Register (36 CFR 60) and in consultation with the North Carolina State Historic Preservation Office (SHPO). Field visits were conducted between August 2019 and January 2020 to conduct evaluations for presence of structures or features that may be eligible for the National Register of Historic Places. No structures were identified within the Site boundaries that may be eligible for the National Register. In addition to field reviews for historically relevant structures, a records search was conducted of the online SHPO HPOWEB2.0 web application to determine if documented occurrences of historic structures or artifacts occur within, or adjacent to the Site. The SHPO identified no features within the Site boundaries or within a 1.0 mile radius of the Site. Typical SHPO coordination will occur prior to construction activities to determine if any significant cultural resources are present; however, no constraints are expected at this time. We thank you in advance for your timely response and cooperation. Please feel free to contact me with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, AXIOM ENVIRONMENTAL, INC. Grant Lewis President Attachments: Figure 1. Site Location, Figure 2. Proposed Restoration, Site Photographs North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry March 26, 2020 Corri Faquin Axiom Environmental, Inc. 218 Snow Avenue Raleigh, NC 27603 cfaquin@axiomenvironmental.org Re: Bull Chute Stream & Wetland Mitigation, 4126 Baker Farm Road, Sophia, ER 20-0559 Dear Ms. Faquin: Thank you for your email of March 4, 2020, concerning the above project. 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@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, kaa,a-Wt,g6 amona 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) 807-6570/807-6599 NINE •s • NC DEPARTMENT OF ■ ■ ■■ NATURAL AND CULTURAL RESOURCES • ■o■ Allison Keith Axiom Environmental 218 Snow Ave Raleigh, NC 27603 RE: Bull Chute; 19-008.01 Dear Allison Keith: Roy Cooper, Governor Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship August 1, 2019 NCNHDE-9898 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerna ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 w. JONES STREET. RALEIGH. NC 27603 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 919.707,9120 • FAX 919,707,9121 $ \ \ 0 c e 3 0 \ e E § / / 2 \ ƒ \ \ /3 \\ \ \ ƒ \ \ \ CD 0 \ 0 / \ E / \ \ \ Z / \ 0 \ \ 0 -Oro- a) E } 0 / \ \ \ E 0 0 } ± 0 O \ E / \ s /c \� \ % Taxonomic \ \ Occ 0 \� 1 1 / e 3 \ % / \ _ 0 c 2017-08-31 0 0 \ \ 6 % 0 \ No Natural Areas are Documented Within a One -mile Radius of the Project Area 1 \ e % \ 0 2 \ 0 Local Government D /— 0 0 CY)a $ \ \ \ 0 E a) .0 ( 0 c 29/ / yaE a)0 0 E \ = o s e DOZ\ \ \ e ° / \ \ _® E .2 / / a)» a 0E.2O o//y \ / 0 0 <<cu ss.9c CD CD z cc e e 0 e x x Z 2 0 0 ncnhde.natureserve.or NCNHDE-9898: Bull Chute ra. C 0 l P21 stne0 uosueie Qa 0 CC (ay i 1 O /o, . **•.(••• 1S0 � Q�c rxR� m Nelson Pa p it Pa WJej wIP�pN 0 cr L 2 L U �b ��O //iIII/, Py ue>IiIIW rn 0 N N E s o — 0 Project Boundary Buffered Project Boundary Managed Area (MAREA) VA Appendix A Categorical Exclusion Form for Division of Mitigation Services Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part Project Name: 1: General Project Information Bull Chute Stream & Riparian Wetland Mitigation Site County Name: Randolph County DMS Number: 100137 Project Sponsor: Clearwater Mitigation Solutions Project Contact Name: Kevin Yates Project Contact Address: 604 Macon Place, Raleigh NC clearwatermitigation@gmaii.com Project Contact E-mail: DMS Project Mana • er: The Site is located within the Upper Uwharrie Targeted Local Watershed 03040103050040. restoration, 229 If of stream enhancement enhancement (level III), 2.4 acres of riparian and 0.8 acre of riparian wetland enhancement. wetlands, and planting with native, woody Matthew Reid Project Description Local Watershed Plan area, which includes the Caraway Creek This project is proposed to include approximately 6833 If of stream (level I), 1426 If of stream enhancement (level II), 270 If of stream wetland reestablishment,1.9 acres of riparian wetland rehabilitation, Site alterations include removing livestock, restoring streams and vegetation. For Official Use Only Reviewed By: May 29, 2020 Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: 5-28 —ZD Pen -aid 61 dcur Date For Division Administrator FHWA Part 2: All Projects Regulation/Question Response Coastal Zone Management Act (CZMA) 1. Is the project located in a CAMA county? ❑ Yes x No 2. Does the project involve ground -disturbing activities within a CAMA Area of Environmental Concern (AEC)? ❑ Yes ❑ No x N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No x N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management Program? ❑ Yes ❑ No 11 N/A Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1. Is this a "full -delivery" project? x Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been designated as commercial or industrial? ❑ Yes x No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? ❑ Yes x No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? ❑ Yes ❑ No ri N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous waste sites within the project area? ❑ Yes ❑ No r N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No x N/A National Historic Preservation Act (Section 106) 1. Are there properties listed on, or eligible for listing on, the National Register of Historic Places in the project area? ❑ Yes ri No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No x N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No x N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) 1. Is this a "full -delivery" project? x Yes ❑ No 2. Does the project require the acquisition of real estate? G1 Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes x No ❑ N/A 4. Has the owner of the property been informed: * prior to making an offer that the agency does not have condemnation authority; and * what the fair market value is believed to be? x Yes ❑ No ❑ N/A Part 3: Ground -Disturbing Activities Regulation/Question Response American Indian Religious Freedom Act (AIRFA) 1. Is the project located in a county claimed as "territory" by the Eastern Band of Cherokee Indians? ❑ Yes E No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No x N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic Places? ❑ Yes ❑ No x N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No x N/A Antiquities Act (AA) 1. Is the project located on Federal lands? ❑ Yes ri No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects of antiquity? ❑ Yes ❑ No x N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No x N/A 4. Has a permit been obtained? ❑ Yes ❑ No x N/A Archaeological Resources Protection Act (ARPA) 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes x No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No r N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No x N/A 4. Has a permit been obtained? ❑ Yes ❑ No D N/A Endangered Species Act (ESA) 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat listed for the county? ri Yes ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes x No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical Habitat? ❑ Yes ❑ No x N/A 4. Is the project "likely to adversely affect" the specie and/or "likely to adversely modify" Designated Critical Habitat? ❑ Yes ❑ No L N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No x N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No x N/A Executive Order 13007 (Indian Sacred Sites) 1. Is the project located on Federal lands that are within a county claimed as "territory" by the EBCI? ❑ Yes x No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed project? ❑ Yes ❑ No E N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred sites? ❑ Yes ❑ No E N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired? E Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally important farmland? L Yes ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? L Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act (FWCA) 1. Will the project impound, divert, channel deepen, or otherwise control/modify any water body? r Yes ❑ No 2. Have the USFWS and the NCWRC been consulted? Lit Yes ❑ No ❑ N/A Land and Water Conservation Fund Act (Section 6(fl) 1. Will the project require the conversion of such property to a use other than public, outdoor recreation? ❑ Yes x No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No x N/A Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish Habitat) 1. Is the project located in an estuarine system? ❑ Yes E No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No x N/A 3. Is sufficient design information available to make a determination of the effect of the project on EFH? ❑ Yes ❑ No ri N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No x N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No D N/A Migratory Bird Treaty Act (MBTA) 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes x No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No x N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes x No 2. Has a special use permit and/or easement been obtained from the maintaining federal agency? ❑ Yes ❑ No x N/A EDR REPORT Bull Chute 4126 Baker Farm Road Sophia, NC 27350 Inquiry Number: 5975759.2s February 18, 2020 The EDR Radius Map TM Report with GeoCheck® CE DR® 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com FORM-LBE-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary _ ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 8 Orphan Summary_ 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 SSURGO Soil Map _ A-5 Physical Setting Source Map A-11 Physical Setting Source Map Findings A-13 Physical Setting Source Records Searched PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5975759.2s 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 4126 BAKER FARM ROAD SOPHIA, NC 27350 COORDINATES Latitude (North): 35.8338210 - 35° 50' 1.75" Longitude (West): 79.8882970 - 79° 53' 17.86" Universal Tranverse Mercator: Zone 17 UTM X (Meters): 600409.3 UTM Y (Meters): 3965887.2 Elevation: 756 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Version Date: East Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 5945527 GLENOLA, NC 2013 5945577 RANDLEMAN, NC 2013 Portions of Photo from: 20140827, 20140705 Source: USDA TC5975759.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY Target Property Address: 4126 BAKER FARM ROAD SOPHIA, NC 27350 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION NO MAPPED SITES FOUND 5975759.2s 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 TC5975759.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US ENG CONTROLS Engineering Controls Sites List US INST CONTROL Sites with Institutional Controls Federal ERNS list ERNS Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS . Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities 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 INDIAN VCP Voluntary Cleanup Priority Listing VCP Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites TC5975759.2s EXECUTIVE SUMMARY4 EXECUTIVE SUMMARY Local Lists of Landfill / Solid Waste Disposal Sites SWRCY Recycling Center Listing HIST LF Solid Waste Facility 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 TC5975759.2s 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 ECHO Enforcement & Compliance History Information UXO Unexploded Ordnance Sites DOCKET HWC Hazardous Waste Compliance Docket Listing 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 SEPT HAULERS Permitted Septage Haulers Listing CCB Coal Ash Structural Fills (CCB) Listing PCSRP Petroleum -Contaminated Soil Remediation Permits EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC5975759.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5975759.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 5975759.2S Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Manufactured Gas Plants National Priority List Sites Dept. Defense Sites VA 0 1/4 1/2 1 Miles Indian Reservations BIA Power transmission lines Special Flood Hazard Area (1%) 0.20 Annual Chance Flood Hazard National Wetland Inventory State Wetlands Hazardous Substance Disposal Sites This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Bull Chute ADDRESS: 4126 Baker Farm Road Sophia NC 27350 LAT/LONG: 35.833821 / 79.888297 CLIENT: Axiom Environmental CONTACT: Kenan Jernigan INQUIRY #: 5975759.2s DATE: February 18, 2020 3:49 pm Copyrigh ,© 2020 EDR, Inc. © 2015 TomTom Rel. 2015. DETAIL MAP - 5975759.2S Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Manufactured Gas Plants Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1/8 1/4 1/2 Mlles Indian Reservations BIA National Wetland Inventory State Wetlands Hazardous Substance Disposal Sites This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Bull Chute ADDRESS: 4126 Baker Farm Road Sophia NC 27350 LAT/LONG: 35.833821 / 79.888297 CLIENT: Axiom Environmental CONTACT: Kenan Jernigan INQUIRY #: 5975759.2s DATE: February 18, 2020 3:50 pm Copyright ,© 2020 EDR, Inc. © 2015 TomTom Rel. 2015. FIGURES Randolph County, NC Z 0 (.0U 0 0 0 N O 0 O N Z 0 0 O USGS 7.5 Minute Topographic Map (Glenola and Randleman, NC Quads) w CC L_ r< w` w W F 0 Z U 0 J Q J O m F Randolph County, NC 0 0 0 0 0 0) 0 z a` icii: I e 4 Prepared for: W W F u, Z x U 0 J Q J 7- m F Randolph County, NC O d U 0 0 Z 0 0 0 z 0 0 NCWRC Correspondence Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Axiom Environmental, Inc. March 4, 2020 Shannon Deaton Habitat Conservation Program Manager North Carolina Wildlife Resources Commission 1701 Mail Service Center Raleigh, NC 27699-1701 Re: Bull Chute Stream & Wetland Mitigation Site, Randolph County, NC Dear Ms. Deaton: The purpose of this letter is to request concurrence from the North Carolina Wildlife Recourse Commission concerning a stream and wetland restoration project located in Randolph County for the N.C. Division of Mitigation Services. The project will restore unnamed tributaries to Caraway Creek, in addition to the restoration of adjacent riparian wetlands in existing active pastureland. Please review and comment on any possible issues that might emerge with respect to the Fish and Wildlife Coordination Act from the potential mitigation project. Please fmd attached a USGS base map depicting the proposed project's 32.4-acre conservation easement boundary. Bull Chute Stream & Wetland Mitigation Site has been identified for the purpose of providing in -kind mitigation for unavoidable impacts to streams and wetlands within watersheds of the Yadkin River Basin 03040103. Thank you in advance for your timely response and cooperation. Please feel free to contact me with any questions associated with this project. Sincerely, AXIOM ENVIRONMENTAL, INC. Grant Lewis President Attachment: Figure 1. Site Location CORRESPONDENCE FROM NC STATE HISTORIC PRESERVATION OFFICE Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Axiom Environmental, Inc. March 4, 2020 Renee Gledhill -Earley, Environmental Review Coordinator North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Submitted electronically to environmental.review@ncdcr.gov Re: Bull Chute Stream & Wetland Mitigation Site, Randolph County, NC Dear Renee, The purpose of this letter is to request written concurrence from the State Historic Preservation Office (SHPO) for the Bull Chute Stream & Wetland Mitigation Site in Randolph County, a Full -Delivery project for the N.C. Division of Mitigation Services. Please review and comment on any possible issues that might emerge with respect to SHPO from a potential stream restoration project depicted on the attached mapping. Project Name: Bull Chute Stream & Wetland Mitigation Site Project Location: 4126 Baker Farm Road, Sophia, NC 27350 (35.8325°N, 79.8879°W) Project Contact: Kevin Yates, Clearwater Mitigation Solutions, 604 Macon Place, Raleigh, NC 27604 Project Description: The project has been identified for the purpose of providing in -kind mitigation for unavoidable stream and wetland impacts. Permits will be obtained from the NC DWR and USACE to restore waters of the US as well as soil and erosion control permits. The project encompasses 32.8 acres of active pastureland. Approximately 8758 linear feet of stream and 5.1 acres of riparian wetland will be restored or enhanced as part of this project. The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site significance are made with reference to the eligibility criteria of the National Register (36 CFR 60) and in consultation with the North Carolina State Historic Preservation Office (SHPO). Field visits were conducted between August 2019 and January 2020 to conduct evaluations for presence of structures or features that may be eligible for the National Register of Historic Places. No structures were identified within the Site boundaries that may be eligible for the National Register. In addition to field reviews for historically relevant structures, a records search was conducted of the online SHPO HPOWEB2.0 web application to determine if documented occurrences of historic structures or artifacts occur within, or adjacent to the Site. The SHPO identified no features within the Site boundaries or within a 1.0 mile radius of the Site. Typical SHPO coordination will occur prior to construction activities to determine if any significant cultural resources are present; however, no constraints are expected at this time. We thank you in advance for your timely response and cooperation. Please feel free to contact me with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, AXIOM ENVIRONMENTAL, INC. Grant Lewis President Attachments: Figure 1. Site Location, Figure 2. Proposed Restoration, Site Photographs North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry March 26, 2020 Corri Faquin Axiom Environmental, Inc. 218 Snow Avenue Raleigh, NC 27603 cfaquin@axiomenvironmental.org Re: Bull Chute Stream & Wetland Mitigation, 4126 Baker Farm Road, Sophia, ER 20-0559 Dear Ms. Faquin: Thank you for your email of March 4, 2020, concerning the above project. 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@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, kaa,a-Wt,g6 amona 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) 807-6570/807-6599 FORM AD-1006 & CORRESPONDENCE WITH NATURAL RESOURCES CONSERVATION SERVICE Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Axiom Environmental, Inc. March 4, 2020 Milton Cortes USDA Natural Resources Conservation Service 4407 Bland Road, Suite 117 Raleigh, NC 27609 Submitted electronically to milton.cortes@usda.gov Re: Bull Chute Stream & Wetland Mitigation Site, Randolph County, NC Dear Milton, Clearwater Mitigation Solutions, of Raleigh, NC has been awarded a contract by DMS to provide 7583 Stream Mitigation Units and 4.1 Wetland Mitigation Units at the Bull Chute Stream & Wetland Mitigation Site, Randolph County, North Carolina. One of the earliest tasks to be performed is completion of an environmental screening and preparation/submittal of a Categorical Exclusion (CE) document. This document is specifically required by the Federal Highway Administration (FHWA) to ensure compliance with various federal environmental laws and regulations. DMS must demonstrate that its projects comply with federal mandates as a precondition to FHWA reimbursement of compensatory mitigation costs borne by the North Carolina Department of Transportation to offset its projects' unavoidable impacts to streams and wetlands. In order for the project to proceed, Clearwater Mitigation Solutions is obligated to coordinate with the NRCS to complete Form AD-1006 in compliance with the Farmland Protection Policy Act on behalf of the FHWA. The purpose of this letter is to request your assistance in completion of the Form. Project Location & Description The project site is located in Randolph County, less than one mile northwest of New Market and 4.5 miles northwest of Randleman. The Site is located within Targeted Local Watershed and Local Watershed Plan Area (Caraway Creek) 14-digit HUC (03040103050040) of the Yadkin River basin. Stream and wetland mitigation areas are located along unnamed tributaries (UTs) to Caraway Creek; current land use is active pastureland. Riparian zones are primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land - management activities. The proposed conservation easement area contains approximately 32.8 acres. The Bull Chute Mitigation Site is located within the Southern Outer Piedmont ecoregion of the Piedmont Physiographic Province. The ecoregion is characterized by dissected irregular plains, some rounded hills and ridges, and low to moderate gradient streams with cobble, gravel, and sandy substrates. Onsite elevations range from a high of 790 feet National Geodetic Vertical Datum (NGVD) at the upper reaches to a low of approximately 690 feet NGVD at the Site outfall (USGS Glenola, North Carolina 7.5-minute topographic quadrangle). Site tributary watershed sizes range from 0.02-0.19 square miles (11-121 acres). The watershed is dominated by pasture, agricultural land, forest, and sparse residential property. Impervious surfaces account for less than 1 percent of the upstream watershed land surface. Restoration Means & Methods Stream restoration efforts are designed to restore a stable stream that approximates hydrodynamics, stream geometry, and local microtopography relative to reference conditions. Restoration at the Site will be Priority I restoration; therefore, bankfull elevations will be raised to meet the adjacent valley floodplain elevation. Stream restoration is expected to entail 1) channel excavation, 2) spoil stockpiling, 3) channel stabilization, 4) channel diversion, and 5) channel backfill. Stream enhancement will entail restoration of stream dimension, installation of easement markers, the removal of livestock, planting riparian buffers with native forest vegetation to facilitate stream recovery and prevent further degradation of the stream, and/or the removal of invasive species. Alternatives for wetland reestablishment are designed to restore a fully functioning wetland system, which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by stream degradation, ditching and dredging, vegetative clearing, livestock trampling, and other land disturbances associated with land use management. Wetland reestablishment options should focus on the restoration of vegetative communities, restoration of stream corridors and historic groundwater tables, and the reestablishment of soil structure and microtopographic variations. Restoration of floodplain forest allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Revegetating floodplains will provide overall system stability, shade, and wildlife habitat. In addition, viable riparian communities will improve system biogeochemical function by filtering pollutants from overland and shallow subsurface flows and providing organic materials to adjacent stream channels Variations in vegetative planting will occur based on topography and hydraulic condition of soils. Vegetative species composition will be based on RFEs, site -specific features, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include: 1) Piedmont/Low Mountain Alluvial Forest, 2) Dry-Mesic Oak -Hickory Forest and 3) Streamside Assemblage. Bare -root seedlings within the Piedmont Alluvial Forest and Dry-Mesic Oak -Hickory Forest will be planted at a density of approximately 680 stems per acre on 8-foot centers, and in the stream -side assemblage at a density of approximately 2720 stems per acre on 4-foot centers. Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Should you have any questions or if any additional information is needed to complete the Form, please feel free to contact me at (919) 215-1693. Sincerely, AXIOM ENVIRONMENTAL, INC. Grant Lewis President Attachments: Figure 1. Site Location Figure 2. Existing Conditions Figure 3. Proposed Conditions AD-1006 Form From: Corri Faquin To: Cortes, Milton - NRCS, Raleigh, NC Subject: RE: Bull Chute Form AD1006 shp Date: Saturday, March 28, 2020 7:20:00 AM Attachments: imaae001.pnq Thank you! Corri Faquin AXIOM ENVIRONMENTAL, INC 218 Snow Avenue Raleigh, NC 27603 919-414-2471 cfaquin@axiomenvironmental.org axiomenvironmental.org From: Cortes, Milton - NRCS, Raleigh, NC <milton.cortes@usda.gov> Sent: Friday, March 27, 2020 7:19 PM To: Corri Faquin <cfaquin@axiomenvironmental.org> Cc: Armstrong, Odessa - NRCS, Raleigh, NC <odessa.armstrong@usda.gov>; Proctor, Channa - NRCS, Raleigh, NC <Channa.Proctor@usda.gov> Subject: RE: Bull Chute Form AD1006 shp Importance: High Ok Corri; Exactly what I needed. Please find attached the FARMLAND CONVERSION IMPACT RATING evaluation for the 7583 Stream Mitigation Units and 4.1 Wetland Mitigation Units at the Bull Chute Stream & Wetland Mitigation Site, Randolph County, North Carolina. If I can be of further assistance please let me know. Best regards: Milton Cortes State Soil Scientist Raleigh State Office Natural Resources Conservation Service United States Department of Agriculture Office: 919-873-2171 Cell: 984-365-2201 Milton.Cortes@usda.gov USDA. U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 2/24/20 Name of Project Bull Chute Mitigation Site Federal Agency Involved Federal Highway Administration Proposed Land Use Stream & Wetland Mitigation County and State Randolph County, North Carolina PART II (To be completed by NRCS) Date Re uest Received By NRCS 03/27/2020 Pe , on Completing F r r Milton Cortes NC NRCS Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES i NO Acres Irrigated none Average Farm Size 106 acres Major Crop(s) CORN Farmable Land In Govt. Jurisdiction Acres: 74.5 % 376,412 acres Amount of Farmland As Defined in FPPA Acres: 68.6 % 356,923 acres Name of Land Evaluation System Used Randolph Co, NC LESA Name of State or Local Site Assessment System N/A Date Land Evaluation Returned by NRCS March 27, 2020 by eMail PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C Site D A. Total Acres To Be Converted Directly 32.3 B. Total Acres To Be Converted Indirectly 0 C. Total Acres In Site 32.3 0 0 0 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 2.30 B. Total Acres Statewide Important or Local Important Farmland 30.0 C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0090 D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value 74.5 PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted (Scale of 0 to 100 Points) 59 PART VI (To be completed by Federal Agency) Site Assessment Criteria (Criteria are explained in 7 CFR 658.5 b. For Corridor project use form NRCS-CPA-106) Maximum Points Site A Site B Site C Site D 1. Area In Non -urban Use (15) 15 2. Perimeter In Non -urban Use (10) 8 3. Percent Of Site Being Farmed (20) 15 4. Protection Provided By State and Local Government (20) 20 5. Distance From Urban Built-up Area (15) 15 6. Distance To Urban Support Services (15) 10 7. Size Of Present Farm Unit Compared To Average (10) 0 8. Creation Of Non-farmable Farmland (10) 0 9. Availability Of Farm Support Services (5) 3 10. On -Farm Investments (20) 10 11. Effects Of Conversion On Farm Support Services (10) 0 12. Compatibility With Existing Agricultural Use (10) 3 TOTAL SITE ASSESSMENT POINTS 160 99 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 59 0 0 0 Total Site Assessment (From Part VI above or local site assessment) 160 99 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 158 0 0 0 Site Selected: Site A Date Of Selection 04/17/20 Was A Local Site Assessment Used? YES NO ✓ Reason For Selection: "Site A" is located within existing drainage ways within the farmland, and minimizes impacts to higher valued upland areas which contain higher quality soils for livestock pasture land and growing agricultural crops. Additionally, "Site A" meets the goals and intent of the proposed project. We believe "Site A" to be consistent with the Farmland Protection Policy Act (FPPA). Name of Federal agency representative completing this form: Kevin Yates (Clearwater Mitigation Sol.) Date: 04/17/20 (See Instructions on reverse side) Form AD-1006 (03-02) SPECIES CONCLUSION TABLE, & CORRESPONDENCE WITH US FISH & WILDLIFE SERVICE Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Axiom Environmental, Inc. May 8, 2020 Kathy Matthews Fish & Wildlife Biologist US Fish & Wildlife Services Raleigh Field Office Submitted electronically to Kathryn matthews@a,fws.gov Re: Bull Chute Stream & Wetland Mitigation Site, Randolph County, NC Federally Protected Species Dear Ms. Matthews: Clearwater Mitigation Solutions, of Raleigh, NC has been awarded a contract by DMS to provide 7583 Stream Mitigation Units and 4.1 Wetland Mitigation Units at the Bull Chute Stream & Wetland Mitigation Site, Randolph County, North Carolina. One of the earliest tasks to be performed is completion of an environmental screening and preparation/submittal of a Categorical Exclusion (CE) document. This document is specifically required by the Federal Highway Administration (FHWA) to ensure compliance with various federal environmental laws and regulations. DMS must demonstrate that its projects comply with federal mandates as a precondition to FHWA reimbursement of compensatory mitigation costs borne by the North Carolina Department of Transportation to offset its projects' unavoidable impacts to streams and wetlands. The last outstanding item for the CE and purpose of this letter is to request concurrence from the US Fish & Wildlife Service concerning federally protected species biological conclusions for the Bull Chute Stream & Wetland Mitigation Site. Please review and comment on any possible issues that might emerge with respect to the Fish and Wildlife Coordination Act from the potential mitigation project. This letter provides information about the project including the project location & description, the mitigation plan, and information concerning the presence of suitable habitat for listed species with biological conclusions. Please find attached a USGS map depicting the proposed project's conservation easement boundary. Project Location & Description The project site is located in Randolph County, less than one mile northwest of New Market and 4.5 miles northwest of Randleman. The Site is located within Targeted Local Watershed and Local Watershed Plan Area (Caraway Creek) 14-digit HUC (03040103050040) of the Yadkin River basin. Stream and wetland mitigation areas are located along unnamed tributaries (UTs) to Caraway Creek; current land use is active pastureland. Riparian zones are primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock grazing, bush hogging, and regular land - management activities. The proposed conservation easement area contains approximately 32.8 acres. The Bull Chute Mitigation Site is located within the Southern Outer Piedmont ecoregion of the Piedmont Physiographic Province. The ecoregion is characterized by dissected irregular plains, some rounded hills and ridges, and low to moderate gradient streams with cobble, gravel, and sandy substrates. Onsite elevations range from a high of 790 feet National Geodetic Vertical Datum (NGVD) at the upper reaches to a low of approximately 690 feet NGVD at the Site outfall (USGS Glenola, North Carolina 7.5-minute topographic quadrangle). Site tributary watershed sizes range from 0.02-0.19 square miles (11-121 acres). The watershed is dominated by pasture, agricultural land, forest, and sparse residential property. Impervious surfaces account for less than 1 percent of the upstream watershed land surface. Page 12 Soils that occur within the Site, according to the Web Soil Survey (USDA 2019) are described in the following table. Web Soil Survey Soils Manned within the Site Map Unit Symbol Map Unit Name (Classification) Hydric Status Description BaE Badin-Tarrus complex (Typic Hapludults-Typic Kanhapludults) Non-hydric This series consists of well -drained soils found on hillslopes on ridges. The parent material is residuum weathered from metavolcanics and/or argillite. Depth to the seasonal high- water table and restrictive features is more than 80 inches. Slopes are 25-45 percent. MaC, MeB2, MeC2 Mecklenburg loam and clay loam (Ultic Hapludalfs) Non hydric This series consists of well -drained soils found on hillslopes on ridges. The parent material is saprolite derived from diorite and/or gabbro and/or diabase and/or gneiss. Depth to the seasonal high-water table is more than 80 inches. Depth to restrictive features is 40-60 inches to paralithic bedrock. Slopes are 2-15 percent. WvB2, WvC2 Wynott-Enon complex (Typic Hapludalfs-Ultic Hapludalfs) Non-hydric This series consists of well -drained soils found on hillslopes on ridges. The parent material is saprolite derived from diorite and/or gabbro and/or diabase and/or gneiss. Depth to the seasonal high-water table and restrictive features is more than 80 inches. Slopes are 2-15 percent. Existing wetlands and drained hydric soils were mapped by a licensed soil scientist (NC LSS # 1233) on July 29, 2019 as soils of the Wehadkee series Mitigation Plan Stream restoration efforts are designed to restore a stable stream that approximates hydrodynamics, stream geometry, and local microtopography relative to reference conditions. Restoration at the Site will be Priority I restoration; therefore, bankfull elevations will be raised to meet the adjacent valley floodplain elevation. Stream restoration is expected to entail 1) channel excavation, 2) spoil stockpiling, 3) channel stabilization, 4) channel diversion, and 5) channel backfill. Stream enhancement will entail restoration of stream dimension, installation of easement markers, the removal of livestock, planting riparian buffers with native forest vegetation to facilitate stream recovery and prevent further degradation of the stream, and/or the removal of invasive species. Alternatives for wetland reestablishment are designed to restore a fully functioning wetland system, which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by stream degradation, ditching and dredging, vegetative clearing, livestock trampling, and other land disturbances associated with land use management. Wetland reestablishment options should focus on the removal of livestock, restoration of vegetative communities, restoration of stream corridors and historic groundwater tables, and the reestablishment of soil structure and microtopographic variations. Restoration of floodplain forest allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Revegetating floodplains will provide overall system stability, shade, and wildlife habitat. In addition, viable riparian communities will improve system biogeochemical function by filtering pollutants from overland and shallow subsurface flows and providing organic materials to adjacent stream channels Variations in vegetative planting will occur based on topography and hydraulic condition of soils. Vegetative species composition will be based on RFEs, site -specific features, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include: 1) Piedmont/Low Mountain Alluvial Forest, 2) Dry-Mesic Oak -Hickory Forest and 3) Streamside Assemblage. Page 13 Bare -root seedlings within the Piedmont Alluvial Forest and Dry-Mesic Oak -Hickory Forest will be planted at a density of approximately 680 stems per acre on 8-foot centers, and in the stream -side assemblage at a density of approximately 2720 stems per acre on 4-foot centers. Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. NC Natural Heritage Program A search of the NC Natural Heritage Program (NHP) database was conducted and no federally or state -protected species are known to occur within the Site. One record of Schweinitz's sunflower (Helianthus schweinitzii) has previously been identified within a one -mile radius of the Site (see attached). Federally Protected Species The US Fish and Wildlife Service's website was reviewed and two federally -protected species are known to occur in Randolph County. A habitat assessment and biological conclusion for each are provided below. Cape Fear shiner (Notropis mekistocholas) Endangered Biological conclusion: No Effect The Cape Fear shiner is known only from the Cape Fear River watershed. In general, habitat occurs in streams with clean gravel, cobble, or boulder substrates. It is most often observed inhabiting slow pools, riffles, and slow runs associated with water willow (Justicia americana) beds, which it uses for cover. Juveniles can be found inhabiting slackwater, among large rock outcrops and in flooded side channels and pools. Spawning occurs May through June, when water temperatures reach 66 degrees Fahrenheit. The Site is located in the Yadkin River Basin; therefore, this project will have no effect on Cape Fear shiner. Schweinitz's sunflower (Helianthus schweinitzii) Endangered Biological conclusion: No Effect Schweinitz's sunflower is found along roadside rights -of -way, maintained power lines and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from other vegetation. Schweinitz's sunflower occurs in a variety of soil series; it is generally found growing on shallow sandy soils with high gravel content. The Site is currently an active pasture subject to continuous grazing and cattle traffic, bushhogging, and land maintenance activities. The species has not been documented in the area, nor has there been Critical Habitat designated for the species. The post -construction condition of the Site may create appropriate habitat for Schweinitz's sunflower. Due to grazing impacts and active disturbance of the existing land use, habitat for Schweinitz's sunflower is currently lacking; therefore, this project will have no effect on Schweinitz's sunflower. In addition, construction will not occur prior to the active survey window (late August -frost); therefore, surveys will be completed prior to construction during the optimal survey window in the event of any Site condition changes. Should you have any questions or need any additional information, please feel free to contact me at (919) 215-1693. Sincerely, AXIOM ENVIRONMENTAL, INC. &L% Grant Lewis President/Senior Project Manager Attachments: Figure 1. Site Location NCNHP Report Randolph County, NC Z 0 (.0U 0 0 0 N O 0 O N Z 0 0 O USGS 7.5 Minute Topographic Map (Glenola and Randleman, NC Quads) w CC L_ NINE •s • NC DEPARTMENT OF ■ ■ ■■ NATURAL AND CULTURAL RESOURCES • ■o■ Allison Keith Axiom Environmental 218 Snow Ave Raleigh, NC 27603 RE: Bull Chute; 19-008.01 Dear Allison Keith: Roy Cooper, Governor Susi Hamilton, Secretary Walter Clark, Director, Land and Water Stewardship August 1, 2019 NCNHDE-9898 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerna ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 w. JONES STREET. RALEIGH. NC 27603 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 919.707,9120 • FAX 919,707,9121 $ \ \ 0 c e 3 0 \ e E § / / 2 \ ƒ \ \ /3 \\ \ \ ƒ \ \ \ CD 0 \ 0 / \ E / \ \ \ Z / \ 0 \ \ 0 -Oro- a) E } 0 / \ \ \ E 0 0 } ± 0 O \ E / \ s /c \� \ % Taxonomic \ \ Occ 0 \� 1 1 / e 3 \ % / \ _ 0 c 2017-08-31 0 0 \ \ 6 % 0 \ No Natural Areas are Documented Within a One -mile Radius of the Project Area 1 \ e % \ 0 2 \ 0 Local Government D /— 0 0 CY)a $ \ \ \ 0 E a) .0 ( 0 c 29/ / yaE a)0 0 E \ = o s e DOZ\ \ \ e ° / \ \ _® E .2 / / a)» a 0E.2O o//y \ / 0 0 <<cu ss.9c CD CD z cc e e 0 e x x Z 2 0 0 ncnhde.natureserve.or NCNHDE-9898: Bull Chute ra. C 0 l P21 stne0 uosueie Qa 0 CC (ay i 1 O /o, . **•.(••• 1S0 � Q�c rxR� m Nelson Pa p it Pa WJej wIP�pN 0 cr L 2 L U �b ��O //iIII/, Py ue>IiIIW rn 0 N N E s o — 0 Project Boundary Buffered Project Boundary Managed Area (MAREA) VA Corri Faquin From: Matthews, Kathryn H <kathryn_matthews@fws.gov> Sent: Wednesday, May 13, 2020 1:01 PM To: Corri Faquin Cc: Kevin Yates; Grant Lewis Subject: Re: [EXTERNAL] Bull Chute Mitigation Site Attachments: 20200406_LTRSNT_FWS_COE_NCDMSBullChuteMitigationSiteSAW-2020-00049.pdf Hi Corri, I sent a "no objection" letter to the Corps for this project on April 6. I've attached the letter. I hope you are well, 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: Corri Faquin <cfaquin@axiomenvironmental.org> Sent: Friday, May 8, 2020 1:31 PM To: Matthews, Kathryn H <kathryn_matthews@fws.gov> Cc: Kevin Yates<clearwatermitigation@gmail.com>; Grant Lewis <glewis@axiomenvironmental.org> Subject: [EXTERNAL] Bull Chute Mitigation Site Ms. Matthews Clearwater Mitigation Solutions, of Raleigh, NC has been awarded a contract by DMS to provide 7583 Stream Mitigation Units and 4.1 Wetland Mitigation Units at the Bull Chute Stream & Wetland Mitigation Site, Randolph County, North Carolina. One of the earliest tasks to be perfoiined is completion of an environmental screening and preparation/submittal of a Categorical Exclusion (CE) document. The last outstanding item for the CE and purpose of attached letter is to request concurrence from the US Fish & Wildlife Service concerning federally protected species biological conclusions for the Site. Please let us know if you have any questions or if you would like any additional infonation. Thank you, Corri Corri Faquin AXIOM ENVIRONMENTAL, INC 218 Snow Avenue Raleigh, NC 27603 919-414-2471 cfaquin@axiomenvironmental.org axiomenvironmental.org 1 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office 55 1-F Pylon Drive Raleigh, North Carolina 27606 April 6, 2020 Kim Browning U.S. Army Corps of Engineers, Wilmington District Mitigation Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: NCDMS Bull Chute Mitigation Site / SAW-2020-00049/ Randolph County Dear Mrs. Browning: The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the activity as described in the permit application. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and threatened species in North Carolina is now available on our website at <http://www.fws.gov/raleigh>. Our web page contains a complete and updated list of federally protected species, and a list of federal species of concern known to occur in each county in North Carolina. The Service appreciates the opportunity to review and provide comments on the proposed action. Should you have any questions regarding the project, please contact John Ellis at (919) 856-4520, extension 26. Sincerely, Xt for Pete Benjamin, Field Supervisor cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh LAND OWNER UNIFORM ACT NOTIFICATION CONSERVATION EASEMENT OPTION AGREEMENT THIS CONSERVATION EASEMENT OPTION AGREEMENT, hereinafter referred to as ("the Option"), made and entered into this 25th day of July, 2019 by and between, Barry B. Spencer and Regina H. Spencer ,(the"Grantor"), CLEARWATER MITIGATION SOLUTIONS, LLC ("CMS"), a North Carolina Limited Liability Company whose primary address is 604 Macon Place, NC 27609 and its successors and assigns (the "Grantee"). WITNESSETH WHEREAS, Grantor is the owner of certain real property located in Randolph County, containing 86.43 acres, more or less. The real property is more particularly described as follows: A tract or parcel of land identified in Deed Book 002260 Page No. 00218 and Parcel Identification Numbers (PIN), 7736611524, Randolph County Registry, (the "Property");and WHEREAS, Grantor has agreed to convey to Grantee, an exclusive right and option to acquire conservation easement rights similar to those described in the Sample Deed of Conservation Easement attached hereto as Addendum A , containing 5.0 acres, more or less, as more particularly described on the attached Exhibit A (the "Easement Area"), over the Property in accordance with the terms of this Option; and WHEREAS, Grantee is interested in acquiring the Easement Area in order to develop a stream restoration project ("Project") over the lands covered by the Easement Area in conjunction with requests for proposals issued under the North Carolina Division of Mitigation Services within the North Carolina Department of Environmental Quality ("DEQ") WHEREAS, Lands and the rights to be acquired, within the Easement Area, are described as follows: Being a perpetual Conservation Easement that will permanently protect the restoration enhancement or preservation of property containing streams, wetlands, and riparian buffers, located on the Property, in Randolph County, North Carolina. The Easement Area encompasses acreage shown in Exhibit A attached. WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, CMS hereby notifies Grantor that: (i) CMS believes the fair market value of the Easement is the purchase price, pursuant to Paragraph 4(a) together with the value of the environmental improvements to be made to the Easement by CMS in performing the Work on the Easement; and (ii) CMS does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of (the "Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. OPTION PERIOD. Grantee may exercise the Option by delivering to Grantor notice thereof prior to 5:00 p.m. on July 25t1i 2020 (the "Original Option Period"). This Option shall be exercised upon posting, by certified mail, fax or written notice to the Grantor. Exercise shall be deemed timely if such written notice is mailed on or before the date first set forth in this paragraph. Grantee shall have the right in its sole discretion, for additional consideration of which shall be added to and become part of the total purchase and upon Grantee's delivery of notice to Grantor during the Original Option Period, to extend the Original Option Period until 5:00 p.m. on July 25t1i 2021 (the "Extended Option Period") (the Original Option Period and, if applicable, the Extended Option Period are collectively referred to herein as the "Option Period"). A Memorandum of Conservation Easement Option in the form attached as EXHIBIT B shall be executed by both parties simultaneously with this Option and recorded at Clearwater Mitigation Solutions, LLC sole discretion and expense in the county where the Property is located to provide record notice of this Option. CONSERVATION EASEMENT OPTION AGREEMENT THIS CONSERVATION EASEMENT OPTION AGREEMENT, hereinafter referred to as ("the Option"), made and entered into this 25th day of July , 2019 by and between, Curtis A. Redding (the"Grantor"), CLEARWATER MITIGATION SOLUTIONS, LLC ("CMS"), a North Carolina Limited Liability Company whose primary address is 604 Macon Place, NC 27609 and its successors and assigns (the "Grantee"). WITNESSETH WHEREAS, Grantor is the owner of certain real property located in Randolph County, containing 20.94 acres, more or less. The real property is more particularly described as follows: A tract or parcel of land identified in Deed Book 001416 Page No. 0154 and Parcel Identification Numbers (PIN), 7735691887, Randolph County Registry, (the "Property");and WHEREAS, Grantor has agreed to convey to Grantee, an exclusive right and option to acquire conservation easement rights similar to those described in the Sample Deed of Conservation Easement attached hereto as Addendum A , containing 3.40 acres, more or less, as more particularly described on the attached Exhibit A (the "Easement Area"), over the Property in accordance with the terms of this Option; and WHEREAS, Grantee is interested in acquiring the Easement Area in order to develop a stream restoration project ("Project") over the lands covered by the Easement Area in conjunction with requests for proposals issued under the North Carolina Division of Mitigation Services within the North Carolina Department of Environmental Quality ("DEQ") WHEREAS, Lands and the rights to be acquired, within the Easement Area, are described as follows: Being a perpetual Conservation Easement that will permanently protect the restoration enhancement or preservation of property containing streams, wetlands, and riparian buffers, located on the Property, in Randolph County, North Carolina. The Easement Area encompasses acreage shown in Exhibit A attached. WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, CMS hereby notifies Grantor that: (i) CMS believes the fair market value of the Easement is the purchase price, pursuant to Paragraph 4(a) together with the value of the environmental improvements to be made to the Easement by CMS in performing the Work on the Easement; and (ii) CMS does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of (the "Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. OPTION PERIOD. Grantee may exercise the Option by delivering to Grantor notice thereof prior to 5:00 p.m. on July 25t1i 2020 (the "Original Option Period"). This Option shall be exercised upon posting, by certified mail, fax or written notice to the Grantor. Exercise shall be deemed timely if such written notice is mailed on or before the date first set forth in this paragraph. Grantee shall have the right in its sole discretion, for additional consideration of which shall be added to and become part of the total purchase and upon Grantee's delivery of notice to Grantor during the Original Option Period, to extend the Original Option Period until 5:00 p.m. on July 25th 2021 (the "Extended Option Period") (the Original Option Period and, if applicable, the Extended Option Period are collectively referred to herein as the "Option Period"). A Memorandum of Conservation Easement Option in the form attached as EXHIBIT B shall be executed by both parties simultaneously with this Option and recorded at Clearwater Mitigation Solutions, LLC sole discretion and expense in the county where the Property is located to provide record notice of this Option. CONSERVATION EASEMENT OPTION AGREEMENT THIS CONSERVATION EASEMENT OPTION AGREEMENT, hereinafter referred to as ("the Option"), made and entered into this 25th day of July , 2019 by and between, David Lee Shipton and Beverly Shipton (the"Grantor"), CLEARWATER MITIGATION SOLUTIONS, LLC ("CMS"), a North Carolina Limited Liability Company whose primary address is 604 Macon Place, NC 27609 and its successors and assigns (the "Grantee"). WITNESSETH WHEREAS, Grantor is the owner of certain real property located in Randolph County, containing 40.93 acres, more or less. The real property is more particularly described as follows: A tract or parcel of land identified in Deed Book 001713 Page No. 0504 and Parcel Identification Numbers (PIN), 7735882804, Randolph County Registry, (the "Property");and WHEREAS, Grantor has agreed to convey to Grantee, an exclusive right and option to acquire conservation easement rights similar to those described in the Sample Deed of Conservation Easement attached hereto as Addendum A , containing 3.70 acres, more or less, as more particularly described on the attached Exhibit A (the "Easement Area"), over the Property in accordance with the terms of this Option; and WHEREAS, Grantee is interested in acquiring the Easement Area in order to develop a stream restoration project ("Project") over the lands covered by the Easement Area in conjunction with requests for proposals issued under the North Carolina Division of Mitigation Services within the North Carolina Department of Environmental Quality ("DEQ") WHEREAS, Lands and the rights to be acquired, within the Easement Area, are described as follows: Being a perpetual Conservation Easement that will permanently protect the restoration enhancement or preservation of property containing streams, wetlands, and riparian buffers, located on the Property, in Randolph County, North Carolina. The Easement Area encompasses acreage shown in Exhibit A attached. WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, CMS hereby notifies Grantor that: (i) CMS believes the fair market value of the Easement is the purchase price, pursuant to Paragraph 4(a) together with the value of the environmental improvements to be made to the Easement by CMS in performing the Work on the Easement; and (ii) CMS does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of (the "Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. OPTION PERIOD. Grantee may exercise the Option by delivering to Grantor notice thereof prior to 5:00 p.m. on July 25t1i 2020 (the "Original Option Period"). This Option shall be exercised upon posting, by certified mail, fax or written notice to the Grantor. Exercise shall be deemed timely if such written notice is mailed on or before the date first set forth in this paragraph. Grantee shall have the right in its sole discretion, for additional consideration of which shall be added to and become part of the total purchase and upon Grantee's delivery of notice to Grantor during the Original Option Period, to extend the Original Option Period until 5:00 p.m. on July 25t1i 2021 (the "Extended Option Period") (the Original Option Period and, if applicable, the Extended Option Period are collectively referred to herein as the "Option Period"). A Memorandum of Conservation Easement Option in the form attached as EXHIBIT B shall be executed by both parties simultaneously with this Option and recorded at Clearwater Mitigation Solutions, LLC sole discretion and expense in the county where the Property is located to provide record notice of this Option. CONSERVATION EASEMENT OPTION AGREEMENT THIS CONSERVATION EASEMENT OPTION AGREEMENT, hereinafter referred to as ("the Option"), made and entered into this 30th day of July , 2019 by and between, Susan Redding Jones and Bert Jones (the"Grantor"), CLEARWATER MITIGATION SOLUTIONS, LLC ("CMS"), a North Carolina Limited Liability Company whose primary address is 604 Macon Place, Raleigh, NC 27609 and its successors and assigns (the "Grantee"). WITNESSETH WHEREAS, Grantor is the owner of certain real property located in Randolph County, containing 56.77 acres, more or less. The real property is more particularly described as follows: A tract or parcel of land identified in Deed Book 001856 Page No. 2359 and Parcel Identification Numbers (PIN), 7736807108, Randolph County Registry, (the "Property");and WHEREAS, Grantor has agreed to convey to Grantee, an exclusive right and option to acquire conservation easement rights similar to those described in the Sample Deed of Conservation Easement attached hereto as Addendum A , containing 7.30 acres, more or less, as more particularly described on the attached Exhibit A (the "Easement Area"), over the Property in accordance with the terms of this Option; and WHEREAS, Grantee is interested in acquiring the Easement Area in order to develop a stream restoration project ("Project") over the lands covered by the Easement Area in conjunction with requests for proposals issued under the North Carolina Division of Mitigation Services within the North Carolina Department of Environmental Quality ("DEQ") WHEREAS, Lands and the rights to be acquired, within the Easement Area, are described as follows: Being a perpetual Conservation Easement that will permanently protect the restoration enhancement or preservation of property containing streams, wetlands, and riparian buffers, located on the Property, in Randolph County, North Carolina. The Easement Area encompasses acreage shown in Exhibit A attached. WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, CMS hereby notifies Grantor that: (i) CMS believes the fair market value of the Easement is the purchase price, pursuant to Paragraph 4(a) together with the value of the environmental improvements to be made to the Easement by CMS in performing the Work on the Easement; and (ii) CMS does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of (the "Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. OPTION PERIOD. Grantee may exercise the Option by delivering to Grantor notice thereof prior to 5:00 p.m. on July 30th 2020 (the "Original Option Period"). This Option shall be exercised upon posting, by certified mail, fax or written notice to the Grantor. Exercise shall be deemed timely if such written notice is mailed on or before the date first set forth in this paragraph. Grantee shall have the right in its sole discretion, for additional consideration of which shall be added to and become part of the total purchase and upon Grantee's delivery of notice to Grantor during the Original Option Period, to extend the Original Option Period until 5:00 p.m. on July 30t1i 2021 (the "Extended Option Period") (the Original Option Period and, if applicable, the Extended Option Period are collectively referred to herein as the "Option Period"). A Memorandum of Conservation Easement Option in the form attached as EXHIBIT B shall be executed by both parties simultaneously with this Option and recorded at Clearwater Mitigation Solutions, LLC sole discretion and expense in the county where the Property is located to provide record notice of this Option. From: Grant Lewis To: "Eric.Martin@ randolphcountync.gov" Subject: Bull Chute FEMA coordination Date: Tuesday, August 25, 2020 12:24:00 PM Attachments: FEMA.Ddf Hello Eric; I am doing a stream and wetland restoration project in Randolph County and need to coordinate with you all concerning floodplain mapping. The project is being conducted with the NC Division of Mitigation Services. Part of the due diligence is getting a DMS floodplain checklist signed by the local floodplain administrator. I looked on the Randolph County website and believe you are the proper person to coordinate with. If not, can you please forward this to the proper authority? For my coordination, can you please review the attached information and sign/fill out the last page of the NCDMS floodplain checklist and return to my attention? Thank you for your time. Grant Lewis Grant Lewis Senior Project Manager Axiom Environmental, Inc. 218 Snow Avenue Raleigh, North Carolina 27603 glewis@axiomenvironmental.org (919) 215-1693 (cell) 0 Axiom Environmental, Inc. August 25, 2020 Axiom Environmental, Inc. 218 Snow Avenue, Raleigh, North Carolina 27603 919-215-1693 Eric Martin Randolph County Deputy Zoning Administrator 204 E. Academy Street Asheboro, NC 27203 Re: Bull Chute Stream and Wetland mitigation project Randolph County FEMA Floodplain Requirements Checklist Dear Mr. Martin: 20-006 The purpose of this letter is to request concurrence from the Randolph County concerning a stream and wetland restoration site located in Randolph County. The Site encompasses approximately 32.4 acres of agriculture land used for row crops along unnamed tributaries to Caraway Creek. Proposed activities at the Site include the restoration of perennial stream channels and riparian wetlands. Stream reaches are deuicted on the attached fizures and lengths/uriority are as follows: Reach Length Priority UT 1 3020 Restoration and Enhancement (Level I and II) UT 2 590 Enhancement (Level II) UT 3 1860 Restoration and Enhancement (Level III) UT 4 2485 Restoration UT 4A 410 Restoration UT 4B 295 Restoration UT 4C 180 Enhancement (Level II) UT 5 80 Restoration and Enhancement (Level III) UT 6 120 Enhancement (Level III) UT 7 145 Enhancement (Level II) FEMA mapping was reviewed to determine if the project is located in a FEMA study area (DFIRM panel number 7735). Based on existing floodplain mapping, Site tributaries and floodplains are characterized as a Zone X (minima flood risk). We request guidance from your organization as to how to mover forward with the project. We thank you in advance for your timely response and cooperation. Please feel free to contact the below referenced NC DMS Project Manager with any questions that you may have concerning the extent of site disturbance associated with this project. Yours truly, AXIOM ENVIRONMENTAL u) 4,,,,,a cl_edi) W. Grant Lewis Senior Project Manager Attachments Figure 1 Site Location Figure 2 Hydrologic Unit Map Figure 3 Topography and Drainage Area Figure 4 Existing Conditions Figure 5 LiDAR Mapping Figures 6A-6C Proposed Conditions EEP Floodplain Requirements Checklist Randolph County, NC Z 0 co U 0 0 0 0 CO w LL 0 0 O N CO 0 N USGS 7.5 Minute Topographic Map (Glenola and Randleman, NC Quads) w CC LL ce w Z V1 QC0 Q — J W — 2N Randolph County, NC Fe' 0 0 N L O 0 z 0 O C\J a' Randolph County, NC 0 0 ID 0 00 n N M 0 [o — N LLJ LL Randolph County, NC G W oa Q 2 J F 0 N 0 0 0 0 N z m NOTESIREVISIONS FIGURE NO. CO 0 0 -86 zN V } NOTESIREVISIONS FIGURE NO. (0 ] o /~ E'I NOTESIREVISIONS FIGURE NO. (0 / w•0 C. 1 1111 1| |I il / gin os stem E lancement PROGRAM EEP Floodplain Requirements Checklist This form was developed by the National Flood Insurance program, NC Floodplain Mapping program and Ecosystem Enhancement Program to be filled for all EEP projects. The form is intended to summarize the floodplain requirements during the design phase of the projects. The form should be submitted to the Local Floodplain Administrator with three copies submitted to NFIP (attn. State NFIP Engineer), NC Floodplain Mapping Unit (attn. State NFIP Coordinator) and NC Ecosystem Enhancement Program. Project Location Name of project: Bull Chute Site Name if stream or feature: Unnamed Tributaries to Caraway Creek County: Randolph Name of river basin: Yadkin Is project urban or rural? Rural Name of Jurisdictional municipality/county: Sophia DFIRM panel number for entire site: 7735 Consultant name: Axiom Environmental, Inc. Phone number: 919-215-1693 Address: 218 Snow Avenue Raleigh, NC 27603 FEMA_Floodplain_Checklist.docx Design Information Page 1 of 3 Provide a general description of project (one paragraph). Include project limits on a reference orthophotograph at a scale of 1" = 500". (See Attached) Summarize stream reaches or wetland areas according to their restoration priority. (See Attached) Example Reach Length Priority Example: Reach A 1000 One (Restoration) Example: Reach B 2000 Three (Enhancement) Floodplain Information Is project located in a Special Flood Hazard Area (SFHA)? r Yes No If project is located in a SFHA, check how it was determined: f Redelineation I— Detailed Study I— Limited Detail Study I— Approximate Study F Don't know List flood zone designation: Zone X (Minimum Flood Risk) Check if applies: I— AE Zone r Floodway r Non -Encroachment q None I— A Zone r Local Setbacks Required C No Local Setbacks Required If local setbacks are required, list how many feet: Does proposed channel boundary encroach outside floodway/non- encroachment/setbacks? rYes No Land Acquisition (Check) FEMA_Floodplain_Checklist.docx Page 2 of 3 I— State owned (fee simple) I— Conservation easment (Design Bid Build) F Conservation Easement (Full Delivery Project) Note: if the project property is state-owned, then all requirements should be addressed to the Department of Administration, State Construction Office (attn: Herbert Neily, (919) 807-4101) Is community/county participating in the NFIP program? Yes r No Note: if community is not participating, then all requirements should be addressed to NFIP (attn: State NFIP Engineer, (919) 715-8000 Name of Local Floodplain Administrator: Eric Martin Phone Number: 336-318-6553 Floodplain Requirements This section to be filled by designer/applicant following verification with the LFPA r No Action I— No Rise I— Letter of Map Revision r Conditional Letter of Map Revision I— Other Requirements List other requirements: Comments: Name: W. Grant Lewis Signature: Title: President Date: FEMA_Floodplain_Checklist.docx Page 3 of 3 HEC-RAS MODELING REPORT Bull Chute Mitigation Site Randolph County, NC `` \. ti CA Roi'/, 0.` SEAL r_ 26971 �.r1 V41,10. rrrririi�tii��, 10/26/2020 PREPARED BY: . 11// SUNGATE DESIGN GROUP, P.A. 905 Jones Franklin Road Raleigh, NC 27606 Engineering Firm License No. C-0890 HEC-RAS Model Report The Bull Chute Mitigation Site is a stream and wetland restoration and enhancement project located on six unnamed tributaries to Caraway Creek in Randolph County, NC. The site is located in the Yadkin River Basin and the project site is not located within a FEMA study area. All cross sections of UT-1 were modeled and analyzed in HEC-RAS Version 5.0.7. Channel shear stress, channel velocity, and Froude's number were used to identify areas that may be susceptible to channel degradation and erosion. MicroStation GEOPAK software was used to create a proposed .TIN file based on the stream restoration design. Cross sections were extracted from the .TIN file using GEOPAK software and imported in HEC-RAS. Cross Sections were taken from every head of riffle, end of riffle, and two locations in each pool within the studied areas. Existing ground survey data was collected by K2 Design Group, PA. The 2-year, 10-year, and 100-year storm event discharges were calculated using the Rational Method. At most cross sections, the 2-year design discharges overtop the banks and are contained within the floodplain bench. Therefore, the 2-year design discharges were included in the analysis as bankfull flows. Manning's n values were estimated to be 0.035 within the channel and 0.085 for overbank areas during the period between construction and the end of the first full growing season, when a restored stream is most susceptible to failure. Five flow changes were used in the HEC-RAS model and the flow changes occur at each confluence and stream crossing along UT-1. Normal depth at the downstream section was used as the boundary condition for the storm profiles based on existing channel slope. Results The model was run without errors. The flow rates, velocities, shear stresses, and Froude numbers were analyzed by station in the table on the following page. Design guidelines were referenced from USDA Wisconsin's "Engineering Field Handbook (EFH) — Part 650, Chapter 16: Streambank and Shoreline Protection, Companion Document 580- 10: Allowable Velocity and Maximum Shear Stress." Under the heading 'Type of treatment', `Gravel/Cobble (6-inch)' was selected as the criteria for allowable velocity and maximum shear stress. Data on Class A (8") was unable to be found, but maximum shear stress and allowable velocity increase as stone size increases. Therefore, using shear stress and velocities for Gravel/Cobble (6-inch), the design criteria is conservative. The maximum allowable velocity for channels with bed material comprised of cobble and class A -sized (2"-8") material, as is specified in the proposed design, is within the range of 4.0 to 7.5 ft/s. The maximum allowable shear stress is around 2.O lb/ft2. Weak hydraulic jumps occur at Froude numbers between 1.7 and 2.5. Discharges that produce values higher than these can become erosive and channel degradation can occur. Based on these criteria, five locations were noted as having a higher risk of experiencing channel degradation and erosion (relative to other areas on the project). UT-1 maintains non -erosive shear stresses through the 2-year, 10-year, and 100-year storm events. A stream protection device was not proposed at station 2+80, where a weak hydraulic jump was indicated by the Froude number. UT-1 velocities stay within non -erosive range during the 2-year and 10-year storm events and at most stations during the 100-year storm event. Stations 30+55, 31+42, 31+43, and 31+69 exceed the allowable velocity during the 100-year storm event, but are within a proposed drop structure. The analysis of UT-1 was conducted with the use of conservative Manning's n values from the period when construction occurs until the end of the first full growing season. As vegetation develops, velocities and shear stresses will decrease and resistance to erosion will increase as a result. Storm Event UT-1 Station Q, CFS V, FPS T, PSF Fr Protection Provided 2-yr 2+80 23 3.95 0.63 1.76 None 100-yr 30+55 280 7.96 1.86 0.95 Drop Structure 100-yr 31+42 280 7.86 1.77 0.97 Drop Structure 100-yr 31+43 280 7.92 1.72 0.97 Drop Structure 100-yr 31+69 280 7.85 1.61 0.99 Drop Structure Conclusions No significant risk of channel degradation, within the construction limits, is indicated by the results. Predicted velocities and shear stresses remain within acceptable limits for the 2-year storm through the 100-year storm at most cross sections. At locations where predicted velocities are above acceptable limits; a structure is proposed. As vegetation becomes established on the streambanks and floodplain in the first several growing seasons after construction, velocities will be slowed and resistance to erosion will increase. Based on these results, the proposed stream design is anticipated to remain stable during the 10-year design storm. Consideration should be given to Station 2+80 to protect the channel from energy dissipation caused by a weak hydraulic jump.