20130436 Ver 1_BPDP for PN_20130801

Pr
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 Con'ten'ts
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
Appendix B:
Draft Conservation Easement Boundary
DWQStream Determination Letter
Site Photographs
Greene Environmental Services, LLC Page 2

1.0 Project Location, aind Descirlillption,
The Evans Ballahack Bank Parcel (Figure 1) is located in Edgecombe County, east of the
town of Tarboro, NC and may be accessed by driving east on US 264 approximately 5 miles from
Tarboro. At Exit 491 take Chinquapin Road (SR 1524) 2 miles north to NC 111. Take a 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 Road for approximately 0.6 miles and take a right turn
onto the unnamed farm road with circular metal grain storage buildings located in the distance
from the road. Continue 0.3 miles on farm road to a bridge over a drainage canal. The project
site is located to the east of the canal and south of the metal buildings along a streamside tree
line.
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
Basin by providing offsite mitigation for developments choosing the nutrient "buy down"
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).
Stormwater runoff from this site drains into the Ballahack Canal (Stream Index # 28- 87 -1.2),
which drains into Conetoe Creek (Stream Index # 28- 87- (0.5)), a major tributary to the Tar
River. According to the NC Division of Water Quality Basinwide Information Management
System, the Ballahack Canal is classified as C, NSW. Mr. Martin Richmond determined that both
streams on the site are intermittent (with scores of 26.5 and 28.5 on the DWQ stream
determination form) and are both subject to 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 on May 1, 2013.
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

Project A iirea st:iii.irrmg C iirmAIIIiii. inns
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 Ballahack canal with elevations ranging from ± 49 -feet to ± 53 -feet.
Topographic relief and surface drainage is generally south and east (Figure 2). The
property is located within the Upper Coastal Plain Physiographic Province, within
the Southeastern Plains Ecoregion (more specifically the Southeastern Floodplains
and Low Terraces subtype). The Southern floodplain forest subtype predominantly
includes primarily bottomland hardwood forest and cypress -gum swamp vegetative
communities
The entire Evans Ballahack Bank Parcel was planted in soybeans during the 2012
growing season (Figure 3). However, crop production was poor on approximately
two - thirds of the project area during that time due to high soil saturation.
Consequently, much of the zone within 50 feet of the stream and within the
proposed nutrient offset buffer was colonized by annual grasses (Poo spp.), sedges
(Eleocharis sp., Caryx spp.) and other herbaceous species including horse nettle
(Solanum carolinense), amaranth (Amaranthus sp.), purslane (Portulaca sp.),
ironweed (Veronia sp.) and blue dayflower (Commelina sp.).
The Soil Survey of Edgecombe 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 streams ". As
described by the online USDA NRCS Official Soil Series Descriptions (OSD), the
specific soils within the project area (Figure 4) are shown below in Table 1:
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
High 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

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).
I'lireatened and IIIII!'Ai angel d 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.
4 II!J l I I 011111ental INsaies
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

. Proposed s tr„ irt Offset ain iIII
rir. Buffer Restoration, Plan,
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 pans
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 or will be undertaken. Although no site preparation work was undertaken, GES was
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 DENR, Division of Energy, Mineral, and Land
Resources (Thad Valentine, NC DENR- DEMLR, February 13, 2013).
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 5a & 5b). "Character Trees" are defined as planted or 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 DFR) in Goldsboro, NC and live stakes were obtained adjacent to the
site. Mowing and other vegetation management practices may be implemented during the
initial years of tree establishment on the site to prevent the establishment of invasive species
that will attempt to out - compete the planted native vegetation.
Table 3. Species List for Planting Plan
Scientific Name Common Name Description # Plants
Seedlings Planted /Acre 500
Greene Environmental Services, LLC Page 8

Alternative trees for supplemental planting may include: cherrybark oak (Quercus pagoda) and
swamp chestnut oak (Quercus michauxii). 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 on poorly drained soils. However, these and other planted species are
adapted to most site conditions we expected to encounter. Asper communication with the
DWQ, 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 as defined in Table 3. As per the Greene Environmental Services Tar - Pamlico River
Basin Riparian Buffer and Nutrient Offset Umbrella Banking Instrument, vegetative success
criteria will be based upon guidelines set forth in the Guidelines for Riparian Buffer Restoration
prepared by the North Carolina Ecosystem Enhancement Program (or subsequent updated
versions of these 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 or are otherwise deficient, supplemental planting shall be performed with tree species
approved by NCDWQ. Supplemental planting shall be performed as needed until vegetative
success criteria are met. The quantity of monitoring plots shall be determined in accordance
with The Carolina Vegetative Sampling Protocol (Levels I & II).
iir ][t r ikin in iii. intenaince P111an,
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
31s' 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 mZ (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.
!-.")'..0 FilkinzincillaIll Assuraince 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.
tiir ill irr t Offset: in iii III irilla iin, Buffer M !I!, tii„ .
:iii, irrm. iirm.:iii. 1.
Greene Environmental Services, LLC Page 10

Riparian Buffer Credit may be achieved through mitigation of the Tar - Pamlico riparian buffer, as
defined in 15A NCAC 02B .0259. Nutrient Offset Credit may be achieved through restoration of
the riparian area adjacent to surface water features. Surface water features do not have to be
intermittent or perennial, nor do they have to be depicted on a USGS, NRCS, or EMC 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 of the surface water. The mitigation accomplished in the DWQTar- Pamlico buffer, as
defined in 15A NCAC 02B .0259 and per 15A NCAC 02B .0242 may be used for either Riparian
Buffer Credit or Nutrient Offset Credit, but not both.
References
EPA Superfund Site Information. Accessed from:
Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H., Lenat, D.R.,
MacPherson, T.F., Glover, J.B, and Shelburne, V.B., 2002. Ecoregions of North Carolina
and South Carolina. Accessed from:
http: / /www.epa.gov/ wed /pages /ecoregions /ncsc_eco.htm
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:
ttp:/ /nhpweb.enr.state.nc.us/public/vi tual workroom,phtml
Natural Resources Conservation Service. Soil Survey of Edgecombe, North Carolina. 1979. USDA
Soil Conservation Service. Accessed from:
htt e.p f
North Carolina Ecosystem Enhancement Program (NCEEP) 2004. Guidelines for Riparian Buffer
Restoration. Accessed from:
/ + f LIl.
United States Fish and Wildlife Service. Threatened and Endangered Species by County
Accessed from: de= 1304F,
htte// ecc�s, fws, c�v/ speciesPrc�file/ prc�fileJspeciesPrc�file ,actic�n?spcc�de =F015,
Greene Environmental Services, LLC Page 11

and
USGS. The National Map Viewer. Accessed from: http:llview r.nationalmap.gov viewerZ
Accessed: February 2013.
Greene Environmental Services, LLC Page 12

�.' i, iI Alor 1,
Greene Environmental Services, LLC

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Figure 1— Vicinity Map
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Figure 2 USGS Topographic Map
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Tract I
Tract 26
Unnamed Tributaries
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Tract 3
Tract 4
..............
..... . ... .
Figure 3 —Aerial Map
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LEGEND N.T.S.
AaA: Altavista fine sandy loam
Ca: Cape Fear loam
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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)
............................................................................................................................................................................................................................................................................................................................................. ...............................
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Riparian Buffer Area: 1.26 acres (54,886 sq. ft)
Nutrient Offset Area: 1.56 ac (67,954 sq. ft)
N.T.S.

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Figure 6 — FEMA Floodplain/
Floodway Mapping
N.T.S.
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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
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FOR REVIEW ONLY
ACCESS EASEMENT
TRACT 2 TO TRACT 3 _
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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
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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
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TRACT 3 — 5.65 acres s Saess<ss ,oes.a2
TRACT 4 — 1.03 ac
TOTAL — 10.00 acr
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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 [phone] customer Service
Intemet: www.nowaterquafty-org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
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 [phone], 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. View to north along UT -B (Tract 2); note ruts in poorly drained soils and crop failure.
Photograph 4. View south from approximate midpoint of UT -B (Tract 3).

Photograph 5. Minimal soybean crop establishment within proposed buffer (Tract 3).
Photograph 6. Southern end of UT -B, note crop failure within proposed project area.

Photograph 7. Standing water in poorly drained soil within propoased buffer at south end of UT -B.
Photograph 8. View east along UT -A to junction with UT -B;
note mature forest stand on opposite side of stream.

Photograph 9. View west along UT -A to Ballahack Canal (broken tree line in background).
Photograph 10. Land use on opposite side of stream along UT -B; waterfowl 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
with standing dead woody vegetation killed by herbicide application 1 -2 years 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 occidentahs).