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HomeMy WebLinkAbout20130436 Ver 1_Second BPDP Revision_20130723Pr Greene Environmental Services, uc 9w Ham Produce Rd. Snow Hill. NC 28580 July \7'ZOl3 Ms. Katie Merritt Nutrient Offset Coordinator 165O Mail Service Center Raleigh, NC 27699-1650 Re: Evans 8aUabacb Bank Parcel BPDP Dear Ms. Merritt, Greene Environmental Services, LLC (GES] of Snow Hill, NC is resubmitting this Bank Parcel Development Package for a new riparian buffer/nutrient offset mitigation bank in the Tar River Basin in Edgecombe County, NC (HUC: 03020103). We have incorporated all of I}VV(Ys cocnrocoLs from the July 9'3Ol] letter. We are excited that this project is moving forward. lf you have any questions or concerns, please feel free to contact us. Sincerely, � /. x�' R, �°�/ �/����� ^ `^ le�8e�mr Project Manager, GES ' I Table of Contents 1.0 Project Location and Description ....................................................................... ............................... 3 2.0 Project Area — Existing Conditions ...................................................................... ..............................4 2.1 Geologic & Soil Characteristics ....................................................................... ..............................4 2.2 Vegetative Communities ................................................................................ ............................... 6 2.3 Threatened and Endangered Species ............................................................. ..............................6 2.4 Environmental Issues ...................................................................................... ..............................7 2.5 FEMA Flood plain /Floodway Mapping ............................................................. ..............................7 3.0 Proposed Nutrient Offset and Riparian Buffer Restoration Plan ....................... ............................... 8 4.0 Monitoring and Maintenance Plan ..................................................................... ..............................9 5.0 Financial Assurance Language ......................................................................... ............................... 10 6.0 Nutrient Offset and Riparian Buffer Mitigation Potential ............................... ............................... 10 7.0 References ....................................................................................................... ............................... 11 Appendix A: Figures Figure 1: Vicinity Map Figure 2: USGS Topographic Map Figure 3: Aerial Map Proposed Nutrient Offset Buffer Area Figure 4: Edgecombe County Soil Survey Map Figure 5: Proposed Nutrient Offset Buffer Area (Survey Excerpt) Figure 6: FEMA Flood plain /Floodway Map NIT- • C Draft Conservation Easement Boundary DWQ Stream Determination Letter Site Photographs Greene Environmental Services, LLC Page 2 1,0 Project Location and. Description The Evans BeUeheck Bank Parcel (Figure l\is located inEdgecunnbe County, east ufthe town uf Tarboro, NC and may be accessed bydriving east unUS264 approximately 5 miles from Tarboro. At Exit 49l take Chinquapin Road (SR l524\2 miles north tuNClll. Take e right turn on NC 111 and drive approximately 0.3 miles and take a right turn onto Roberson School Road /SR 1524\. Continue on Roberson School Rued for approximately 0.6 miles and take e right turn onto the unnamed farm road with circular metal grain storage buildings located in the distance from the road. Continue 0.3 miles un farm road tue bridge over e drainage canal. The project site is located tuthe east uf the canal and south uf the metal buildings along estneennsidetree Greene Environmental Services, LLC (GES) of Snow Hill, North Carolina proposes this nutrient offset and riparian buffer bank parcel to improve the water quality in the Tar-Pamlico River Besinbypruvidinguffsitennitigetiunfurdeve|upnnentschuusingthenutrient"buyduvvn" option within the NC Stormwater Rule or who are in need of riparian buffer mitigation credits. The latitude/longitude coordinates of the site are approximately 35.8721'N and -77.4383'W. The proposed bank parcel is located within the Lower Tar Watershed /HUC: 03020103\. SturnnvveterrunufffrunnthissitednainsintutheBeUeheckCene|/Streenn|ndex#28'87'l.2\, which drains into Cunetue Creek (Stream Index #28'87'/0.5\\, e major tributary to the Ter River. According tuthe NC Division of Water Quality Besinvvide Information Management System, the BeUeheckCene| is classified es(, NSW. Mr. Martin Richmond determined that both streams on the site are intermittent (with scores of 26.5 and 28.5 on the OVV[lstream determination form) and are both subject tu the Tar-Pamlico Buffer Rule on August 14, 2012 (see Appendix B). The bank parcel is 10 acres, including 5.45 acres of Tar-Pamlico riparian buffer and 4.55 acres of nutrient offset buffer restoration. This bank parcel shall be established under the terms and conditions of the Greene Environmental Services Tar-Pamlico River Basin Riparian Buffer and Nutrient Offset Umbrella Bank made and entered into by Mr. Bobby Ham of Greene Environmental Services, LLC, acting as the Bank Sponsor and the North Carolina Department of Environment and Natural Resources — Division of Water Quality and signed by the Division Director un May l,20l3. The bank parcel was previous agricultural cropland and was planted with character species in March 2013. DWQ staff have visited the site and determined that it is suitable for nutrient offset mitigation. Greene Environmental Services, LLC Page 3 2 ProNectArea .— Existing Conditions Based upon review of the United States Geological Survey (USGS) Conetoe and Speed, North Carolina Quadrangles, the proposed Bank Parcel is located adjacent to the BeUeheck canal with elevations ranging from ±49-feettu±53-feet. Topographic relief and surface drainage is generally south and east (Figure 2). The property is located within the Upper Coastal Plain Physiugrephic Province, within the Southeastern Plains Ecoregion (more specifically the Southeastern Floodplains and Low Terraces suhtvpe\. The Southern f|oodp|ain forest subtype predominantly includes primarily bottomland hardwood forest and cypress-gum swamp vegetative communities The entire Evans BeUeheck Bank Parcel was planted in soybeans during the 20l2 growing season (Figure 3\. However, crop production was poor unapproximately two-thirds uf the project eneeduringthettinneduetuhighsui|setunatiun. Consequently, much of the zone within 50 feet of the stream and within the proposed nutrient offset buffer was colonized by annual grasses (Pouspp], sedges (Eleocharis sp., Coryx spp.) and other herbaceous species including horse nettle (Solonunnconolinensp), amaranth (4nnunonthussp.), purslane /Portulocosp.\, irunvveed /Keroniosp.\ and blue dayflower /[onnnnelinusp.\. The Soil Survey ufEdgecunnbe County, North Carolina (Soil Conservation Service, 1979) lists the soils within the property as from the Wehadkee-Congaree Association. These soils are primarily located in "broad areas along stneenns" As described by the online USDA NRCS Official Soil Series Descriptions /(]SO\, the specific soils within the project eree/Figune4\ereshuvvnbduvvinTab|el: Greene Environmental Services, LLC Page 4 Table 1. Mapped Soils within the Evans Ballahack Bank Parcel Ballahack Ba — fine sandy loam Located in shallow drainageways and depressions in stream terraces. This very poorly drained soil is present on about 30% of the bank parcel. Seasonal Nigh Water Table(SHWT) is at or near the surface. Dominant native species include: bald cypress, pond pine, red maple, green ash, pignut hickory, sweetgum, swamp black gum, elm, tulip poplar, river birch, water oak, willow oak, and swamp white oak. Understory species include red cedar, holly, sweetbay magnolia, sourwood, and wax myrtle. Conetoe CeB — Loamy sand, 0 -4% slopes Located on smooth to slightly rounded low ridges on stream terraces. This well drained soil is very strongly acid to medium acid. Dominant native trees include: loblolly pine, longleaf pine, red maple, hickory, sweetgum, black gum, southern red oak, white oak, and post oak. The understory species include: dogwood, sassafras, holly, sourwood, and wax myrtle. Roanoke Ro —Loam Located on broad flats and stream terraces. This poorly drained soil has a strongly acid subsoil with a SHWT at or near the surface. Greene Environmental Services, LLC Page 5 Vegetative Coiiniinuinities The position of the bank parcel in the landscape coupled with very poorly (75 %) to moderately well drained soils (25 %) and remnant vegetation suggests that the site was likely a nonriverine wet hardwood forest or mesic mixed hardwood forest in the distant past, prior to timber harvesting and drainage for agriculture. The nearest mature vegetative community is a mixed hardwood /pine community consisting of water oak (Quercus nigra), white oak (Quercus alba), loblolly pine (Pinus taeda), sweetgum (Liquidambarstyraciflua), willow oak (Quercus phellos), red maple (Acerrubrum), sourwood (Oxydendrum arboreum), and horse sugar (Symplocos tinctoria). The forest stand is located adjacent to and along approximately 200 feet of the opposite side of the stream at the southeastern corner of the bank parcel. Based on tree size (canopy is 80 feet and dbh up to 24 inches), this stand is estimated to be in excess of 50 years old. At the northeast corner of the project area, approximately 300 feet along the opposite side of the stream, there is a regrowing "cut- over" stand. This stand is predominantly sweetgum, red maple, black cherry (Prunus serotina) and water oak that are less than 25 feet in height and estimated to be 5 -10 years old. Approximately 2,800 feet along the opposite side of the stream is an early succession, scrub /shrub, clear -cut community that has been burned and treated with herbicide by the neighboring landowner to control tree growth and promote cover for hunting. Woody species, including red maple, black willow (Salix nigra) and sweetgum are coppice sprouting, but herbaceous species including dog fennel (Eupatorium capillifolium), blackberry (Rubus sp.), goldenrod (Solidago sp.), ironweed, cat briar (Smilax bona nox), blue dayflower and various sedges and grasses, predominate. A narrow vegetative strip along the stream bank consists of low growin titi (Cyrilla racemiflora), red maple, black willow, water oak, river birch (Betula nigra), sweetgum, green briar, Japanese honeysuckle (Lonicera japonica), muscadine grape (Vitis rotundifolia), buttonbush (Cephalanthus occidentalis), pokeweed (Phytolacca americana) and elderberry (Sambucus canadensis). f" ireateine . � ind �°mndaiun eiui -e Species The US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NHP) databases were searched for federally listed threatened and endangered plant and animal species for Edgecombe County, NC. Two federally listed species, the red - cockaded woodpecker (Picoides borealis) and the Tar River spineymussel (Elliptio steinstansana), are currently listed in Edgecombe County (Table 2). Greene Environmental Services, LLC Page 6 Table 2. Listed Threatened and Endangered Species in Edgecombe County, NC Species Federal Status Habitat Tar River Spineymussel Endangered The Tar River Spineymussel requires relatively silt - free, uncompacted gravel and /or coarse sand in fast - flowing, well oxygenated stream reaches. The species has only been documented in the main stem of the Tar River, Shocco Creek, Fishing Creek, Little Fishing Creek, and Swift Creek in the Tar - Pamlico Basin. Within a 2 -mile radius of the site: • A review of the North Carolina Natural Heritage Program ( NCNHP) database shows no occurrences of either species; • The NCNHP Virtual Workroom showed no state registered species; and • The NCNHP Virtual Workroom showed three managed areas, all of which were USDA Farm Service Agency Conservation Reserve Enhancement Program Easements. No impacts to the red - cockaded woodpecker or the Tar River spineymussel, either positively or negatively, are expected from this project. l: °m iui lii°i iui,e uu uu n e iui to I Issues A report was obtained from Environmental Data Resources, Inc. (EDR) regarding the potential for on -site or nearby sources of contamination. EDR maintains an updated database of current and historical sources of contamination. All storage tanks, whether above - ground or underground are identified, as well as superfund sites, landfills, hazardous waste sites, and other potential hazards. No sites were noted on their database within a one -mile radius of the Bank site. As shown in Figure 6, the Evans Ballahack Bank Parcel does not contain areas designated by Federal Emergency Management Association (FEMA) as floodway or 100 -year flood boundary. Therefore, no floodplain or floodway impacts are anticipated. Greene Environmental Services, LLC Page 7 3 Pi-oposed Nu.ti-ientOffs-eta.nd Ripa.i-ia.n Bu.ffei- Restoi-a.tion Pla.n The proposed bank parcel was most recently in soybean production. Following the harvest during winter of 2012, soybean stubble remained in portions of the parcel. In other portions of the parcel, crop failure occurred and annual herbaceous vegetation residue and bare pens existed. GES initially considered undertaking site preparation to facilitate planting and seedling establishment, however, this work was later deemed unnecessary and no site preparation work is required ur will beundertaken. Although nu site preparation work was undertaken, GESwas advised that if the land disturbance does not exceed one acre in total it is thus permissible as per communication with staff from the NC OENR, Division of Energy, Mineral, and Lend Resources (Thad Valentine, NCOENR'OEMLR, February l3,20l3\. Bareroot seedlings of character trees (Table 3), live stakes of locally obtained woody species and containerized plants were planted in March 2013 within the proposed conservation easement area (Figures 5e&5b\. "Character Trees" are defined es planted ur volunteer species identified from a survey of local vegetation on less degraded sections of the specified stream and from reference literature that details native species. Bareroot seedlings were purchased from Claridge Nursery (NC OFR\ in Goldsboro, NC and live stakes were obtained adjacent tuthe site. Mowing and other vegetation management practices may be implemented during the initial years uftree establishment un the site tu prevent the establishment uf invasive species that will attempt to out-compete the planted native vegetation. Table 3. Species List for Proposed Planting Plan Scientific Name Common Name Descriotion # Plants Seedlings Planted/Acre Soo Greene Environmental Services, LLC Page 8 Alternative trees for supplemental planting may include: cherrybark oak (Quercus and swamp chestnut oak /(]uercusnnichuuxii\. During planting, tree species that are best adapted to drier site conditions (white oak, southern red oak, and willow oak) were planted on well drained soils and those adapted to wetter sites (bald cypress, river birch and black gum) were planted un poorly drained soils. However, these and other planted species are adapted tu most site conditions vve expected tuencounter. Asper communication with the OVVQ, water oak and willow oak will not be counted toward success criteria in UT'A monitoring plots within 200 feet of the mature forest stand at the southeastern portion of the parcel because of the likelihood of natural recruitment of seedlings of these species from the existing stand. Buffer vegetative success criteria are based upon the density and growth of character tree species es defined in Table 3. As per the Greene Environmental Services Tar-Pamlico River Basin Riparian Buffer and Nutrient Offset UnnbneUe Banking Instrument, vegetative success criteria will be based upon guidelines set forth in the Guide0nes fhrRiporion Buffer Restoration prepared by the North Carolina Ecosystem Enhancement Program (or subsequent updated versions ufthese guidelines in place at the date of acceptance of a BPDP), and shall be defined as a survival of an average density of 320 planted trees per acre after five years. If vegetative success criteria are not achieved based on acreage density calculations from combined monitoring plots over the entire restoration area, or if an inspection of the restoration/mitigation site indicates that portions of the site do not have sufficient stem densities ur are otherwise deficient, supplemental planting shall be performed with tree species approved byNCOVV[L Supplemental planting shall be performed as needed until vegetative success criteria are met. The quantity ufmonitoring plots shall be determined in accordance with The Carolina Vegetative Sampling Protocol (Levels I & 11). 4 0 Monitoring and. Maintenance Plan Greene Environmental Services, LLC Page 9 Vegetative success will be monitored within the restored Tar - Pamlico riparian buffer and nutrient offset buffer and a monitoring report will be provided to DWQ no later than December 31" of each monitoring year. The report will include vegetative plot data, monitored in accordance with the CVS -EEP Protocol for Recording Vegetation (CVS -EEP, v. 4.2). Plots measuring 100 m2 (ten by ten meter squares) will be permanently established. The Evans Ballahack Bank Parcel will contain five vegetative monitoring plots, exceeding the requirement of 2% of the proposed restoration area. Since the site is a small one (10 acres) and is broken up into four tracts, five vegetative plots are considered prudent to get a realistic picture of the site's success. Of the four bank parcel tracts, Tract 3 is substantially larger and will be represented by two vegetative plots in order to capture the most realistic picture of site success. Three of the monitoring plots will be located within the 50 -foot riparian buffer. The plant species, survival rates, and character species density will be recorded within each plot, as well as general notes on problems encountered or unique situational developments. Photographs of each plot from the same plot corner will be included in the monitoring reports to provide DWQ with a snapshot of the site success each year. Monitoring will take place between August and November. The first monitoring data will not be collected less than five (5) months after completion of initial planting. Financial Assurance Language Greene Environmental Services, LLC will provide a performance bond to ensure completion of all mitigation work. The amount of the performance bond shall be efficient to cover all costs associated with establishing the site for its proposed mitigation. Upon approval of the subject BPDP, Greene Environmental Services, LLC will provide financial assurance in the form of a monitoring bond in the amount of at least $150,000 to ensure that adequate funds are available for completion of the maintenance and monitoring outlined in the BPDP under Section 3. u. i°ie f`e`e . .Rip .i°i . u.ffei° i i . icy Poe i .1. Greene Environmental Services, LLC Page 10 RiperienBufferCneditnneybeechievedthruughnnitigetiunuftheTepPenn|icuripehenbuffer,es defined inl5ANCACO2B.0259. Nutrient Offset Credit may be achieved through restoration uf the riparian area adjacent tu surface water features. Surface water features du not have tube intermittent or perennial, nor do they have to be depicted on a USGS, NRCS, or EIVIC approved map. The width of the restoration area begins at the landward limit of the top of bank or the rooted herbaceous vegetation and extends landward a maximum distance of 200 feet on all sides uf the surface water. The mitigation accomplished in the OVV[l Tar-Pamlico buffer, es defined in 15A NCAC 02B .0259 and per 15A NCAC 02B .0242 may be used for either Riparian Buffer Credit ur Nutrient Offset Credit, but not both. EPA Superfund Site Information. Accessed from: MacPherson, T.F, Glover, ].8, and Shelburne, V.B,2OO2. Ecuregiunsuf North Carolina and South Carolina. Accessed from: Lee, M. T., Peet, Robert K., Roberts, S. D., and Wentworth, T. R., 2008. CVS-EEP Protocol for Recording Vegetation Level 1-2 Plot Sampling Only. Version 4.2 Natural Heritage Program. Virtual Workroom. Accessed from: Natural Resources Conservation Service. Soil Survey of Edgecombe, North Carolina. 1979. USDA Soil Conservation Service. Accessed from: North Carolina Ecosystem Enhancement Program (NCEEP) 2004. Guidelines for Riparian Buffer Restoration. Accessed from: United States Fish and Wildlife Service. Threatened and Endangered Species by County Accessed from: de=1304F, Greene Environmental Services, LLC Page 11 and =37065 USGS. The National Map Viewer. Accessed from: http: / /viewer.nationalmap.gov /viewer/ Accessed: February 2013. Greene Environmental Services, LLC Page 12 �.' i, iI Alor 1, Greene Environmental Services, LLC �i Figure 1— Vicinity Map �awrrwwr'��� �ii�dua x-armNr�axaaAinl �awl'w"Px,am +.. l�lVai. 11121 RwN Prrrrluce PA Sa °sow, Him. P�PC 20SOO 1000 ft 2000 ME Tract 11 I'j HUNS-11 WN"NIOA Tract 3, i 11 , Tract ,4 ................... 11 UIT-A Figure 2 USGS Topographic Map LLC 119 RwN Pro'luce PA SI'low, Him. P�OC 20SOO L=. Tract I Tract 26 Unnamed Tributaries R ipa3f is n Buffef Tract 3 Tract 4 .............. ..... . ... . Figure 3 — Aerial Map 119 RwN Pro'luce PA SI'low, Him. P�OC 20SOO LEGEND N.T.S. AaA: Altavista fine sandy loam Ca: Cape Fear loam �awrrwwr'��� �ii�dua x-armNr�axaaAinl �awl'w"Px,am +.. l�lVai. 1�121 RwN Prrrrluce PA S1 °10w Him. P�PC 20SOO Ba: Ballahack fine sandy loam CeB: Conetoe loamy sand Figure 4 — Soils Map IT Tra ct 1 ' Riparian Buffer Area: 0.46 ac (20,038 sq. ft) Nutrient Offset Area: 0.04 ac (1,742 sq. ft) ............................................................................................................................................................................................................................................................................................................................................. ............................... Job D 1:k 1 IE- �IJL -1 iGR �` I �, WfM4�l I.pR yyL w P. '- w � a X W t L n I� 0 I � W H W Flu dw„ Xv�M Tra ct 2 Riparian Buffer Area: 1.26 acres (54,886 sq. ft) Nutrient Offset Area: 1.56 ac (67,954 sq. ft) Tar - Pamlico Buffer Area Nutrient Offset Area Figure 5a — Survey Excerpt �aw'nwwwn�ar �waw�Va'dS!uoNdoowaa�inl larva d,aa +.. I�IVai. 1110 HIw'N Produce Rd, N.T.S. Tra ct 3° Riparian Buffer Area: 2.80 ac (121,968 sq. ft) Nutrient Offset Area. 2.85 ac (124,146 sq. ft) N r a � ��������� Match Une w, mill LU ' im W� IM I 0z _ y v Tract 4 Riparian Buffer Area: 0.93 ac (40,511 sq. ft) ' Nutrient Offset Area: 0.10 ac (4,356 sq. ft) w Y„ ;y Q 4 M M Off Or M r N.T.S. Tar - Pamlico Buffer Area Nutrient Offset Area Figure 5b — Survey Excerpt NAB X AIdPo LV1 M'aUA'X`i!gON1�PWIR� A 4 Xndk +.. 1LLC 1110 HIwN Produce Rd, a °sow A PiPC 20SP!:fP �awrrwwr'��� �ii�dua x-armNr�axaaAinl �awl'w"Px,am +.. l�lVai. 1�121 RwN Prrrrluce PA Sa °sow, Him. P�PC 20SOO Figure 6 — FEMA Floodplain/ Floodway Mapping N.T.S. I,] Draft Conservation Easement Boundar DWQ Stream Determination Letter Site Photographs Greene Environmental Services, LLC - -S ALLYHACK CANAL 1? MAP 2 OF 2 SURVEY FOR GREENE ENVIRONMENTAL SERVICES, INC ENVIRONMENTAL BUFFER EASEMENT (aaus oasmvnn °M ne,o ws. used. NUMBER 2 TWSP. — EUGEC OMBE COUNTY, N.C. SCALE: 1' = 150' DATE: 01/15/2013 THIS DOCUMENT ORIGINALLY ISSUED AND SEALED BY JAMES D. GRANT, PLS., L -3752, ON THE ___15th_ DAY OF — — JANUARY _ _ _ - 263 — . THIS DOCUMENT SHALL NOT BE CONSIDERED A CERTIFIED DOCUMENT. A °reaamo mn,e irvane111 FOR REVIEW ONLY ACCESS EASEMENT TRACT 2 TO TRACT 3 _ � acces L IS �sE�EM a ml I :T I lal in ❑,,mom o. aA ». Pw ..m . ❑ fp r , !41.111.11 o, " a. ".a.o "a fna, .,, "iaw= Aa, ", io.a. ■a ❑.. n 01 0' aea.. ' rvn p�mma,m ACREAGE DATA TRACT 1 50' BUFFER = 0.46 acres EXCL. BUFFER = 0.04 acres TRACT 2 50' BUFFER = 1.26 acres EXCL BUFFER = 1.56 acres TRACT 3 50' BUFFER = 2.80 acres EXCL BUFFER = 2.85 acres TRACT 4 50' BUFFER = 0.93 a res EXCL. BUFFER = 0.10 acres GIs uev 2. i...... e Ecass�i :— -------- ___ _____________ nccsss snsswlsrvr ryl ai 1 O�� FOR REVIEW ONLY MAP 1 OF 2 SURVEY FOR GREENE ENVIRONMENTAL SERVICES, INC. ENVIRONMENTAL BUFFER EASEMENT NUMBER 2 TWSP. — EDGECOMBE COUNTY, N.C. SCALE: 1" — 150' DATE: 01/15/2013 sw.vfuc scue inc HFS /FEEr ACREAGE DATA hwr. n, 1-1 a ee U—N� ar n.cs.z s�P TRACT 1 — 0.50 11IR11 °E TRACT 2 — 2.82 acres E 15 TRACT 3 — 5.65 acres s Saess<ss ,oes.a2 TRACT 4 — 1.03 ac TOTAL — 10.00 acr by c mputer o lir iN s. 1C 'swez es 'i rri __ U c5f 5'a5W 526.25' OSEp 20. IEI 21 111— 1 _ fNGRESS g EGRESS EcaESS wa 21'e3W3T.3s —Y µrn� ____-ACC69 --- — ___ _ _ 25"VV 886.86' � �--- - - - o.B. „fs. P,, <zz - - - - -- '__________t _____________F N�k THIS DOCUMENT ORIGINALLY ISSUED AND SEALED BY JAMES D. GRANT, FITS., L -3752, ON THE15th DAY S OF — _ JANUARY_ _ _ _ 13 20_ THIS DOCUMENT SHALL NOT BE CONSIDERED A CERTIFIED DOCUMENT. MAP 1 OF David Knowles 2813 Jefferson DT Greenville, NC 27858 Subject: Surface Water Determination Letter TBRRO#12-193 Edgecombe County The Raleigh Regional Office of the NC Division of Water Quality/Surface Water Protection Section conducted a site visit at the subject property and is providing the below-listed determination pursuant to your request for a formal surface water determination: BASIN: [:] Neuse (1,5A NCAC 2B.0233) El Ephemeral/Intermittent/Perennial Determination F-1 Isolated Wetliand Determination Project Name: Ballahack Buffer/Nutrient C3ffset Tvfiiti anon...�- Location/Directions: Subject property is currently agriculture use, located south of Roberson 'School Rd in Edgecomehr County Subject Stream: Ur T's to Ballahack Creek Date of Determination: August 14, 2012 Feature Start(#,) Stop�(0, — I Stream Soil USGS Form Pts. §y1vcY_ 12P_0 x Throu taut 28.5 x — 26.5 x B X _itn_ hout *rlilp = Pnht mow illintp.rmittt�ntIPerenniaI Explanation: The feature(s) fisted above has or have been located on the Soil Survey of Edge:combe County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,0,00 scale. Each feature that is checked "Not Subject," has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that quality it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality, 1 N 11'tuwc,arolina at it g; North Carolina Division of Water Quality Raleigh Regional Office Surface ,water Protection Phone (919) 791-4200 customer Service Intemet: www.nowaterquafty-org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Ballahack Buffer/Nutrient Offset Mitigation Fdgecombe County October 8, 2012 Page 2 of 2 This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Ian McMillan, DWQ Wetlands,,/401 Unit, I ;650 Mail Service Center, Raleigh NC 27699-1650. If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days, of the receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. The petition may also be faxed to the attention of the Office of Administrative Hearings at (919) 733-3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-807-6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-544-4884. RespectUly, Martin Ric and Environ ental Specialist cc: Wetlands/ Stormwator Branch, 1650 Mail Service Center, Raleigh NC 27699-1650 RR.O/SWP File Copy EDGECOMBE O r ,, 1111, Photograph 1. North end of project site; view to north along UT -B. Photograph 2. North end of project site; view to south along UT -B (Tract 1). Photograph 3. VieN -, to north along UT -B (Tract 2); note ruts in poorly drained soils and crop failure. Photograph 4. VieN -, south from approximate midpoint of UT -B (Tract 3). Photograph 5. Minimal soybean crop establishment v ithin proposed buffer (Tract 3). Photograph 6. Southern end of UT -B, note crop failure v ithin proposed project area. Photograph 7. Standing water in poorly drained soil N- within propoased buffer at south end of UT -B. Photograph 8. VieN -, east along UT -A to junction v ith UT -B; note mature forest stand on opposite side of stream. Photograph 9. VieN -, vest along UT -A to Ballahack Canal (broken tree line in background). Photograph 10. Land use on opposite side of stream along UT -B; N- vaterfowl impoundment under construction by neighboring landowner. Photograph 11. Land use on opposite side of stream along UT -B; hunting platform in cut -over. Photograph 12. Land use on opposite side of stream along UT -B; early succession vegetation in cut -over. Photograph 13. Land use on opposite side of stream along UT -B; early succession vegetation in cut -over Nvith standing dead Nvoody vegetation killed by herbicide application 1 -2 Nears prior. Photograph 14. Land use on opposite side of stream along UT -A; approximately 200 linear feet of mature mixed pine /hardwood forest. Photograph 15. Land use on opposite side of stream along UT -A; row crop soybeans. Photograph 16. Shrub species growing in stream channel that can be used for live stakes in proposed project site; left: elderberry (Sambucus canadensis), right: buttonbush (Cephalanthus occidentalis).