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20210993 Ver 1_Draft Mit Plan_2021_20210915
ID#* 20210993 Version* 1 Select Reviewer:* Katie Merritt Initial Review Completed Date 09/15/2021 Mitigation Project Submittal - 9/15/2021 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r" Stream r- Wetlands W Buffer r` Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Lin Xu Project Information ................................................................................... ID#:* 20210993 Existing IDr Project Type: Project Name: County: Email Address:* lin.xu@ncdenr.gov Version: *1 Existing Version r DMS r Mitigation Bank Chinquapin Valley Buffer Mitigation Site Mitigation Project Jones Document Information Mitigation Document Type:* Mitigation Plans File Upload: Chinquapin_100197_DraftMitPlan_2021.pdf 6.45MB Rease upload only one RDFof the corrplete file that needs to be subrritted... Signature Print Name:* Lin Xu Signature:* DRAFT MITIGATION PLAN CHINQUAPIN VALLEY BUFFER MITIGATION SITE Jones County, NC NCDEQ Contract No. 0103-02 NCDMS ID No. 100197 NCDWR Project No. 2021-0993v1 RFP No. 16-20200103 Neuse River Basin HUC 03020204 August 2021 Prepared For: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center, Raleigh, NC 27699-1652 Mitigation Services ENVIRONMENTAL OVALITY DRAFT MITIGATION PLAN CHINQUAPIN VALLEY BUFFER MITIGATION SITE Jones County, NC NCDEQ Contract No. 0103-02 & NCDMS ID No. 100197 NCDWR Project No. 2021-0993v1 RFP No. 16-20200103 Neuse River Basin HUC 03020204 Prepared For: 01-- Mitigation Services ENVIVONMFNTAL PuAkIly NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center, Raleigh, NC 27699-1652 Prepared By: eco,kterra.. 1328 Dekalb Ave NE Atlanta, GA 30307 404-840-2697 With Assistance From: `_111s�i ��ib Venture 1, 940 Main Campus Dr., Suite 500 Raleigh, NC 27606 919-754-5009 This Mitigation Plan has been written in conformance with the requirements of the following: • 15A NCAC 0213.0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. • NCDEQ Division of Mitigation Services In -Lieu Fee Instrument signed and dated July 28, 2010 These documents govern DMS operations and procedures for the delivery and compensatory mitigation. Contributing Staff Ted Griffith, Eco Terra Principal in Charge Scott Frederick, Eco Terra/SWE Project Manager Norton Webster, Eco Terra Construction Oversight Heather Smith, VHB Quality Assurance cable of Contents 1.0 Introduction............................................................................................................................................................................... 1 2.0 Mitigation Project Summary.............................................................................................................................................2 2.1 Existing Site Conditions........................................................................................................................................................2 2.2 Watershed Characterization...............................................................................................................................................3 2.3 Soils..............................................................................................................................................................................................4 2.4 Geology......................................................................................................................................................................................5 2.5 Vegetation.................................................................................................................................................................................5 2.6 Site Constraints and Access................................................................................................................................................5 2.7 Site Resources..........................................................................................................................................................................5 3.0 Site Protection Instrument.................................................................................................................................................6 3.1 Site Protection Instruments Summary Information...................................................................................................6 3.2 Current Ownership and Long -Term Protection..........................................................................................................6 4.0 Regulatory Considerations.................................................................................................................................................6 4.1 Threatened and Endangered Species.............................................................................................................................7 4.2 Cultural Resources..................................................................................................................................................................7 4.3 FEMA Floodplain Compliance............................................................................................................................................7 4.4 Other Environmental Issues................................................................................................................................................7 5.0 Implementation Plan.............................................................................................................................................................8 5.1 Parcel Preparation..................................................................................................................................................................8 5.2 Riparian Buffer Restoration Activities.............................................................................................................................8 5.3 Determination of Credits.....................................................................................................................................................9 6.0 Monitoring Plan.......................................................................................................................................................................9 7.0 Success Criteria.......................................................................................................................................................................10 7.1 Vegetation..............................................................................................................................................................................10 7.2 Photo Reference Stations.................................................................................................................................................10 7.3 Visual Assessments.............................................................................................................................................................10 7.4 Performance Criteria...........................................................................................................................................................10 7.5 Maintenance and Contingency Plans..........................................................................................................................10 8.0 Stewardship...............................................................................................................................................................................11 9.0 References..................................................................................................................................................................................11 FIGURES APPENDICES Appendix A: NCDWR On -Site Stream Buffer Determination NCDWR Site Viability for Buffer Mitigation Letter Appendix B: Draft Conservation Easement Appendix C: Signed Categorical Exclusion 1.0 Introduction The Chinquapin Valley Buffer Mitigation Site is a buffer restoration project located approximately 9.4 miles northwest of the Town of Trenton off Guinea Town Road in Jones County, NC (Figure 1). The Project Site is associated with one parcel owned by Hobert K. Sanderson (PIN 4449-37-84-1800). The proposed riparian corridor restoration will reduce the amount of sediment and nutrients that are entering the Project streams by restoring riparian buffers and other riparian areas along Chinquapin Branch, a direct tributary of the Trent River. A Project conservation easement, encompassing at most 9.11 acres, will be recorded to protect the Project Site in perpetuity. The Project reach is located in HUC 03020204010060, along Chinquapin Branch proper and within the greater Trent River watershed that ultimately flows into the Neuse River (Figure 2). This watershed is designated as a Targeted Right bank near Project origin Resources Area for both Hydrology and Water Quality according to NCDMS. The watershed consists of large managed timberland areas in loblolly pine rotations and agriculture, both row crops and permitted animal operations. The project will include the restoration of riparian buffers along Chinquapin Branch, within Hydrology and Water Quality Targeted Resource Areas (TRA). Chinquapin Branch is classified as Class C, Sw, and Nutrient Sensitive Waters (NSW) according to the NC Department of Environmental Quality (NCDEQ). Chinquapin Branch drains into the Crooked Creek targeted watershed (HUC 03020204010071) as identified in the NC Division of Mitigation Services (NCDMS) 2018 Neuse River Basin Restoration Priorities (RBRP) document. The restoration of riparian buffers to address agricultural nonpoint source inputs and preservation or restoration of contiguous forested wetland habitat to develop Strategic Habitat Areas (SHAs) and connect to Left bank near Project terminus Natural Heritage Areas and other conservation lands are identified as a Prioritiesfor the 8-digit CU and overall for the Neuse River Basin in the f8I11Ul9.1:1:1a The Chinquapin Valley Buffer Mitgation Site will help to reduce future sediment and nutrient loading into Chinquapin Branch and downstream Crooked Creek and Trent River. It will also improve terrestrial habitats along these streams by establishing riparian corridors and allowing the land to undergo natural succession to forested community types. Adjacent land use Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 1 DMS No: 100197 Draft August 2021 is agriculturally related and little vegetated buffer exists along the length of Chinquapin Branch proper within the Project Site. The project will restore vegetative buffers and other riparian areas to the streams and will remove rotating crops and fertilizer inputs. The restored riparian buffer will filter runoff from the surrounding farm fields. Invasive vegetation will be treated as needed within the project area to promote native vegetation. 2.0 Mitigation Project Summary The goal of the Chinquapin Valley Buffer Mitigation Project (hereinafter referred to as the Project, Site, or Project Site) is to provide ecological uplift to the existing and nearby stream channels via the restoration and establishment of a forested riparian buffer and riparian corridor. The goals and objectives defined below as part of Table 1 are consistent with those of the NCDMS, and the specific goals outlined in the 2018 Neuse RBRP. As proposed, the Chinquapin Valley Buffer Mitigation Project will further help NCDMS to meet these goals. Table 1: Goals and Objectives Goal .. .. Nutrient input will be decreased by filtering Reduce runoff from the agricultural land/pastures Promote nutrient and sediment reduction in nutrient levels through restored forested riparian buffers agricultural areas by restoring riparian buffers. — and other riparian areas. Sediment input will be decreased by Reduce filtering runoff from the agricultural Promote nutrient and sediment reduction in sediment levels land/pastures through restored forested agricultural areas by restoring riparian buffers. — riparian buffers and other riparian areas. Project protection in Implement a project in an NSW water and Continue implementation of projects under the record a conservation easement. Buffer programs. perpetuity Restore Riparian buffer areas will be restored with NCDMS' programmatic goal, terrestrial native vegetation and invasive vegetation North Carolina General habitat will be managed (as necessary). Statue 143-214.10 — * HUC: 03020204 RBRP goal, ^ CU: RBRP 030202 goal 2.1 Existing Site Conditions The Project Site is located within one parcel (-41 acres) currently used for row crop agriculture rotations (Figure 3). Adjacent land use is agriculturally related and little vegetated buffer exists along the length of Chinquapin Branch proper within the Project Site. Periodic erosion and sediment -laden runoff is entering the channels from these areas during crop rotations. Historical aerials denote that land uses at the Project Site have been in agriculture since at least 1974 on the south side of the channel and the north side upstream near the origin of the Project, and more recently since 1993 on the north side of the channel where the buffer narrows downstream (Figure 6). Chinquapin Branch is mapped on the 2013 US Geological Survey's (USGS) Trenton Quadrangle (Figure 1) as a stream channel, but not on the Natural Resources Conservation Service's (NRCS) 1981 Jones County Soil Survey (Figure 5). Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 2 DMS No: 100197 Draft August 2021 Chinquapin Branch meets the definition of at least intermittent per the NCDWR On -Site Determination for Applicability to the Neuse Buffer Rules Letter (Buffer Letter), and NCDWR Site Viability for Buffer Mitigation Letter (Appendix A). Two unbuffered ditches (Ditch 1 and Ditch 2) enter the Project on the right bank. Another unbuffered stream feature (UT1) that is intermittent, but determined not subject enters the project from the north on the left bank. Credit deductions for all three features (Ditch 1, 2, and UT1) are accounted for in the Credit calculations in Table 9. Project attributes associated with the proposed buffer site are provided in Table 2. Table 2.- Buffer Proiect A ttributes Project Name Chinquapin ValleyMitigation Hydrologic Unit Code River Basin Geographic Location (decimal degrees) I Site Protection Instrument Conservation Easement ■ Types of Credits Riparian : • ■ Mitigation Plan Date October Initial Planting Date �2022 Baseline Report Date February MY1 Report Date November 2�0 MY2 Report Date November MY3 Report Date November MY 4 Report Date November 2�0 MY 5 Report Date November 2026 Close out Report Date/Visit 2.2 Watershed Characterization The proposed Project is located in Jones County, approximately 9.4 miles northwest of the Town of Trenton off Guinea Town Road (Figure 1). The Project UT is located in HUC 03020204010060, along Chinquapin Branch proper and within the greater Trent River watershed that ultimately flows into the Neuse River. This watershed is designated as a Targeted Resources Area for both Hydrology and Water Quality according to NCDMS. The watershed consists primarily of large managed timberland areas in loblolly pine rotations and agriculture, both row crops and permitted animal operations. Jones County Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 3 DMS No: 100197 Draft August 2021 remains mostly undeveloped aside from the areas in and surrounding the Town of Trenton. The County's population decreased 7.4% since the 2010 census. Drainage areas for the on -site streams and buffer areas were determined by delineating watersheds in USGS Stream Stats. Figure 4 shows the watershed boundaries for each unnamed tributary. Table 3 describes the current land use and drainage area for each unnamed tributary. / aa/e 3: ura/naae Area ana Lana use Reach Name NLUWK Stream Watershed Area Designation Upstream/Downstream (miZ) ChinquapinAgriculture/Forestry Branch 2.3 Soils Elevations at and surrounding the Project Site are nearly level to gently sloping. Soils underlying the area are mapped as fine sandy loams and loamy sands and consist of the Grifton, Stockade, and Goldsboro series extending along the stream corridors (Figure 5). Specific soil mapping units are listed in Table 4. Table 4.- Maple Swamp Buffer Site Soil Series If a Stockade fine sandy Sx B (drained)/D loam, 0-2% slopes Gt B (drained)/D Grifton fine sandy loam, 0-2% slopes Go B Goldsboro loamy sand, 0-2% slopes Source: https://websoilsurvey.nres.usda.gov/app/WebSoilSurvey.aspx, accessed May, 2021 The Stockade (Sx) soils are very poorly drained soils found along streams and depressions. These soils formed in loamy sediments on marine terraces of streams in the Coastal Plain region. Stockade soils have moderate permeability and the water table is typically less than 12 in. Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 4 DMS No: 100197 Draft August 2021 Grifton (Gt) soils are very poorly drained soils found along stream terraces and floodplains as well. These soils have moderate permeability and the water table is less than 12 in. for six months out of the year. Goldsboro (Go) soils are found on flatwoods of the region that are moderately well drained. These soils formed in Coastal Plain marine and fluviomarine sediments. The water table is 24-30 in. An image of the printed (NRCS) 1981 soil survey map of the Project is shown in Figure 5. 2.4 Geology Geologically, the Project Site is located within the Coastal Plain physiographic province. Coastal Plain stream systems are characterized by broad, flat floodplains and interstream divides adjacent to low to medium -gradient stream channels. The valley is visually obvious within the Project area indicating at least intermittent flow throughout the year. 2.5 Vegetation Vegetative communities within the project area consist of row crops and early successional, herbaceous vegetation in the near -bank stream/ditch region. Adjacent land use is agriculture and little vegetated buffer exists along the length of Chinquapin Branch proper within the Project Site. The near -bank stream/ditch area is maintained with herbicide and mechanical mowing equipment annually. The wetter ditch areas have wetland herbaceous vegetation present including Saiix nigra (black willow), and Typha iatifoiia (cattail). 2.6 Site Constraints and Access The Site can be accessed via a dirt farm road from Guinea Town Road (SR 1157). A permanent access easement from Guinea Town Road will be recorded as part of the project. There are no public use airports within a five -mile radius of the Project. Directions from Raleigh: • Follow US70 to HWY 58 in Kinston • Turn right onto HWY 58 and follow for 9 miles • Turn right onto Guinea Town Road for 0.9 miles • Turn left onto a dirt road after crossing Chinquapin Branch. 2.7 Site Resources The Site has been in agricultural production since at least 1974 and no changes have been observed to the current stream configuration since that time (Figure 6). The property owner has verified that the property has been in some form of agricultural production and adjacent forestry for the past 50 years. NCDWR staff visited the Site on to determine subjectivity of on -site resources to the Tar -Pamlico buffer rules and their suitability for riparian buffer mitigation per the Consolidated Buffer Mitigation Rule (15A NCAC 02B 0.029). Chinquapin Branch was found to be suitable for riparian buffer mitigation in the Neuse River Basin. Other features entering and/or adjacent to the project were identified during the stream determination site visit by DWR staff. Additionally, Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 5 DMS No: 100197 Draft August 2021 a Site Viability review was completed by NCDWR to determine site suitability for the establishment of riparian buffers for buffer mitigation credits. The resulting NCDWR letters are in Appendix A. 3.0 Site Protection Instrument 3.1 Site Protection Instrument Summary Information The property selected for restoration of riparian buffers and other riparian areas includes portions of the parcel listed in Table 5. The proposed conservation easement on this property has not been recorded. A copy of the draft land protection instrument is included in Appendix B. 3.2 Current Ownership and Long -Term Protection The Site is located on one parcel owned by Hobert K. Sanderson (Table 5). An option agreement for the project area was signed by the property owner and was recorded at the Jones County Register of Deeds. The option agreement allows restriction of the land use in perpetuity through a conservation easement. Eco Terra will convey the conservation easement to the State to provide long term protection of the Site. Table 5.- Current Ownership and Lona- Term Protection Hobert K. To be Conservation State of 4449-37-84-1800 Jones Sanderson 9.11 ac recorded Easement North Carolina 4.0 Regulatory Considerations Table 6 summarizes the regulatory considerations for the proposed project. These considerations are expanded upon in Sections 4.1-4.4. A copy of the signed Categorical Exclusion Form is provided in Appendix C. Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 6 DMS No: 100197 Draft August 2021 Table 6: Reciulatory Considerations AL AL Parameter� on Waters of the U.S. -Section 404 .. .. No • - • N/A .. • • b • N/A Waters of the U.S.-Section 401 No N/A N/A Endangered Species Act Yes Yes Signed CE Appendix C Historic Preservation Act Yes Yes Signed CE Appendix C Coastal Zone Management Act No N/A N/A FEMA Flood lain Compliance No N/A N/A Essential Fisheries Habitat No N/A N/A 4.1 Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) identifies three federally threatened or endangered species and two proposed threatened or endangered species under the Endangered Species Act. One species is protected under the Bald and Golden Eagle Protection Act (Table 7). A review of the NC Natural Heritage Program (NCNHP) data identified three known occurrences of federally listed species within one (1) mile of the Project Site and one known occurrence within a five (5) mile radius of the project. Table 7.- Federally Listed S,oecies for Jones Countv AScientific Name Haliaeetus leucoce halus Common Name M Bald Eagle Federal Status* BGPA Suitable Habitat No Picoides borealis Red -cockaded woodpecker E No Alligator mississiiensis American alligator T No M otis se tentrionalis Northern Long-eared Bat T No Necturus lewisi Neuse River waterdog PT No Noturus furiosus Carolina madtom PE No * BGPA - Bald and Golden Eagle Protection Act, E - Endangered, PT - Proposed Threatened, PE - Proposed Endangered 4.2 Cultural Resources The National Historic Preservation Act declares a national policy of historic preservation to protect, rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, history, archaeology, and culture, and Section 106 mandates that federal agencies take into account the effect of an undertaking on a property that is included in, or is eligible for inclusion in, the National Register of Historic Places. The NC State Historic Preservation Office's (SHPO) online mapping resource was reviewed to determine the presence of known historic resources at or near the Project Site listed on the National Register. There are no existing structures in the project area. According to the database, two historical resources; Laines Chapel Christian Church and Haskins Chapel occur within one mile of the Project. There are no known historical resources within the Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 7 DMS No: 100197 Draft August 2021 Project Site. SHPO was contacted for completion of the Categorical Exclusion and SHPO had no concerns or comments on the Site. The approved Categorical Exclusion is in Appendix C. 4.3 FEMA Floodplain Compliance The Project is not located within a FEMA regulated floodplain and will not require FEMA coordination or a floodplain development permit. 4.4 Other Environmental Issues An EDR Radius Map Report with Geocheck was ordered for the Site through Environmental Data Resources, Inc. (EDR) as part of the Categorical Exclusion. The target property and the adjacent properties are not listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There are no known or potential hazardous waste sites identified within one mile of the Site. The Executive Summary of the EDR report is included in Appendix C. 5.0 Implementation Plan The project design will restore high quality riparian butters to Chinquapin Branch and ultimately to the Neuse River. The project will not have any adverse impacts to on -site wetlands; no grading activities will occur within jurisdictional wetland boundaries. Figure 7 depicts the planting plan for the Site. More detailed descriptions of the proposed restoration activity are found in Sections 5.1 through 5.3. 5.1 Parcel Preparation The land proposed for buffer restoration is currently in agricultural production and adjacent agriculture and forestry management north of Chinquapin Branch. Only the planting rows will be ripped to improve soil compaction prior to planting in the upland areas or during mechanical planting. Soil scarification for temporary and permanent seeding may be required depending on the site condition at the time of planting and equipment used for seed application. No other soil disturbance is anticipated and sediment and erosion control measures will be used to prevent sediment from entering the streams during a rain event, should any additional soil disturbing activities become necessary. Pre -emergent herbicide will be used in the tree rows to control potential herbaceous weed competition. All herbicides will be applied by a licensed herbicide applicator. The near -bank region along the stream within the project area contains a limited number of invasive plants and if necessary, an aquatic safe herbicide will be used in appropriate areas where there is an existing population of non-native invasive plant species. In the event that drain tiles are found during construction, they will be noted and removed. 5.2 Riparian Buffer Restoration Activities The revegetation plan for the buffer restoration area will include temporary and permanent seeding in the active farming areas. The Site will be planted to replicate a Coastal Plain Small Stream Swamp (blackwater subtype) community with one planting zone, floodplain. Proposed tree species are shown in Table 8. Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 8 DMS No: 100197 Draft August 2021 Table 8.- Proposed Species List _�,-5cientific Name Nyssa sylvatica biflora Common Name Swamp blackgum Planting Zone Floodplain Canopy <5 Platanus occidentalis Sycamore Floodplain Canopy 10 Betula ni ra River birch Floodplain Canopy/Understory 10 Diospyros virginiana Persimmon Floodplain Canopy/Understory 10 Quercus laurifolia Laurel oak Floodplain Canopy 10 Fraxinus enns lvanica Green ash* Floodplain Canopy <5 Liriodendron tuli ifera Tulip poplar Floodplain Canopy <5 Quercus michauxii Swamp chestnut oak Floodplain Canopy 10 Quercus nigra Water oak Floodplain Canopy 10 Quercus phellos Willow oak Floodplain Canopy 10 Quercus falcatta var. a odaefolia Cherrybark oak Floodplain Canopy 10 Quercusshumardii Shumard oak Floodplain Canopy 10 Taxodium distichum Bald cypress Floodplain Canopy <5 Cornusamomum Silky dogwood Floodplain Understory <5 Sorgastrum nutans Indian grass Permanent Seed Mixture Herb n/a Agrostis alba Redtop Permanent Seed Mixture Herb n/a Andropogongeradii Big bluestem Permanent Seed Mixture Herb n/a Panicum virgatum Switchgrass Permanent Seed Mixture Herb n/a Setaria italica Foxtail millet Temporary Seed Mixture Herb n/a Pennisetumglaucum Pearl top millet Temporary Seed Mixture Herb n/a Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years. A density of approximately 600-800 trees per acre is proposed for the initial planting. No one tree species will be greater than 50% of the established stems. An appropriate temporary seed mix will also be applied as necessary to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events, helping establish buffer functional uplift during early forest succession. Temporary seed mix species are found in Table 8. This will be followed by an appropriate permanent seed mixture. Vegetation management and herbicide applications may be needed to prevent competition of invasive species with the planted species. Planting is scheduled to begin in January 2022. Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 9 DMS No: 100197 Draft August 2021 5.3 Determination of Credits Mitigation credits shown in Table 9 and Figure 8 are based on surveyed top of banks of the unnamed tributaries and conservation easement. All areas within specific buffers zones will be planted and counted as a buffer mitigation unit (Figures 8 and 9). Credits calculations were done according to the most recent version of the DWR Credit Calculation Tool (V3, August 2020) and the guideance, Clarified Procedures for Calculating Buffer Mitigation Credits & Nutrient Offset Credits (November 2019). Unbuffered ditches entering the buffer were appropriately deducted from the overall credits generated within the conservation easement. 6.0 Montoring Plan The Site monitoring plan was developed to demonstrate that the required performance standards are met and project goals and objectives are achieved. The monitoring report shall provide project data and chronicle issues that arise during the five-year montiroing period. These reports will assists in population of DMS databases and assist in the close-out process. Table 10 summarizes the proposed monitoring plan components associated with this project. Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 10 DMS No: 100197 Draft August 2021 Table 9. Chinquapin Valley Buffer Mitigation Site, DMS No: 100197, Project Credits: Neuse 03020204 Project Area 19.16394 N Credit Conversion Ratio (ft'/pound) N/A P Credit Conversion Ratio (ft'/pound) Subject? (enter ditT a Cre yp Location NO ife ephemeral p FeatureT ype Mitigation Activity Min -Max Buffer Feature Name or ditch' ) Width (ft) Buffer Rural Yes I/P Restoration 0-100 Chinquapin Branch Buffer Rural Yes I/P Restoration 101-200 Chinquapin Branch Totals (ft2) Total Buffer (ft2) Total Nutrient Offset (ft2) Total Ephemeral Area (ft') for Credit Total Eligible Ephemeral Area (ft') Enter Preservation Credits Below Total Eligible for Preservation (ft') Credit Type Location Subject? Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name Rural Yes I/P 0-100 Rural Yes Ephemeral 0-100 TOTAL AREA OF BUFFER MITIGATION (TABM ) M itigation Totals Square Feet Cr 'ts Restoration: 334,386 328,931.533 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 334,386 328,931.533 TOTAL NUTRI ENT OFFSET MITIGATION Mitigation Totals I Square Feet Credits Nutrient Offset: Nitrogen: 0 0.000 Phosphorus: 0.000 Preservation Area Subtotals(ft') M-76151 re � e Area of Buffer Mitigation (ft) MOMM Riparian Buffer Credits Comtertible'a Nutrient Offset? 334,386 334,386 0 N/A 0 0 83,597 0.0% 111,462 0.0% Total Area(sf) Total (Creditable) Area for Buffer Mitigation (ft) 0 0 .phemeral Reachesas %TABM 'reservation as %TABM Initial Credit %Full Credit Final Credit Riparian Buffer Ratio (x:1) Ratio (x:1) Credits 10 100% — 10 100% — Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 11 DMS No: 100197 Draft August 2021 Table 10.- Monitoring Plan Components Vegetation CVS Level I/Photos All Quantity 6 Frequenc�-,__ Annual Reference Stations Photos All 6 Annual Visual Assessments Visual Assessment/Photos All As needed Semi-annual Easement Boundary Visual Assessment All As needed Semi-annual Exotic/Nuisance Vegetation Visual Assessment All As needed Semi-annual 7.0 Success Criteria The success criteria for the Project follow approved cirteria presented in the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual monitoring and semi-annual site visits will be conducted to assess the condition of the finished project. Performance criteria will be evaluated throughout the five-year post -construction monitoring period. 7.1 Vegetation The Consolidated Buffer Rule (15A NCAC 02B .0295) requires survival of at least 260 stems per acre at the end of a five year monitoring period. No one species will constitue greater than 50 percent of the stems. Six (6) permanent vegetation 100 mz monitoring plots, two percent (2%) of the planted area, will be placed throughout the Site to document tree survivial. Vegetation monitoring will follow the CVS-EEP Level I Protocol for Recording Vegetation (2008). The vigor, height, and diameter at breast height (DBH), if applicable, will be recorded during the monitoring visits. Approximate locations of permanent vegetation plots are shown on Figure 7. 7.2 Photo Reference Stations Photographs of vegetation plots will be taken each year and there will be an additional six (6) photographs taken to document stream condition and easement integrity. These photos will be taken at the same location and direction each year. 7.3 Visual Assessments Visual assessments will be performed twice a year during the five years of monitoring. Areas of concern, low stem density, invasive species or easement encroachment, will be mapped and photographed and described in the monitoring report. Problem areas will be re-evaluated during subsequent site visits. 7.4 Reporting Performance Criteria A baseline monitoring document and as -built record drawing depicting deviations from the proposed planting to the actual planting will be provided. Annual monitoring reports will use the DIMS Riparian Buffer and Nutrient Offset Baseline and Annual Monitoring Report Template version 2.0 (May 2017). The monitoring reports will be submitted to DIMS in the fall of each year for a total of five years or until performance criteria have been met. 7.5 Maintenance and Contingency Plans Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 12 DMS No: 100197 Draft August 2021 Actions will be taken to correct issues identified in the annual monitoring reports thatjeopardize the success of the project. If required, additional hardwood trees will be planted, invasive species will be controlled, and additional signage will be installed. Additional post planting herbicide and mechanical mowing will be used within the planting rows for at least the first three years as needed. These are examples of remedial actions and others may become necessary through the five-year monitoring period. 8.0 Stewardship The Site will be marked with signage by the Provider prior to as-builts. The Provider will inspect the boundary marking on a yearly basis and repair as needed during the monitoring period. The Site will be transferred to the NCDEQ Stewardship Program. The Stewardship Program shall serve as the conservation easement holder and long-term steward for the property and conduct inspections of the Site to determine whether the conservation easement is being upheld. The NCDEQ Stewardship Program is developing an endowment system within the non -reverting, interest -bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statue GS 113A-232(d)(3). Interest gained by the endowment fund may be used for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. No fencing is planned for this project. The draft Site Protection Instrument can be found in Appendix B. 9.0 References 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. 2015. N.C. Department of Environmental Quality. Division of Mitigation Services. 2018. Neuse River Basin Restoration Priorities. N.C. Department of Natural and Cultural Resources. N.C. State Historic Preservation Office. 2020. (http://gis.ncdcr.gov/hpoweb/) (Accessed May, 2021). N.C. Floodplain Mapping Program. 2020. N.C. Flood Risk Information System. (https://fris.nc.gov/fris/Index.aspx?FIPS=145&ST=NC&user=General%20Public) (Accessed May, 2021). NC Natural Heritage Program Data Explorer. 2021. https://ncnhde.natureserve.org[ (Accessed May, 2021). Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Raleigh, North Carolina. 325pp. Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 13 DMS No: 100197 Draft August 2021 U.S. Census Bureau. 2020. QuickFacts, Jones County, North Carolina. Updated September, 2020 https://www.census.gov/quickfacts/fact/table/jonescountynorthcarolina,US/POP010210 U.S. Department of Agriculture. Natural Resources Conservation Service. 1981. Soil Survey of Jones County, North Carolina. U.S. Department of Agriculture. Natural Resources Conservation Service. 2021. Web Soil Survey. (https:Hwebsoilsurvey.nres.usda.gov/alp/). (Accessed May, 2021). U.S. Fish and Wildlife Service, 2021. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Jones County, North Carolina. Updated 17 July 2020. https://www.fws.gov/raleigh/species/cntylist4iones.html U.S. Geological Survey. 2013. Trenton. 1:24,000. North Carolina Topographic Quadrangle (7.5- minute series). Reston, VA: U.S. Department of the Interior, USGS, 2013. U.S. Geological Survey. 2021. StreamStats. (https:Hstreamstats.usgs.gov/ss//ss/) (Accessed May, 2021). Chinquapin Valley Buffer Mitigation Site -Mitigation Plan Page 14 DMS No: 100197 Draft August 2021 State of North Caroli T, Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS Project Site -19 - I I §-:, :'i Legend % -T WC Proposed Conservation Easement 4 z kP 2 f cir, L 46 1 9' -6- Aw -.4 416 LIP J -6� I Y "Vt Y .7C4 d J 4hr' L%I 4-1 4k-- 0.25 0.5 1 Mlles. Figure 1: Vicinity Map Chinquapin Valley Buffer Mitigation Site ko Neuse 03020204 Jones County, North Carolina ec terra. August 2021 frE USGS 2013 Topographic Quadrangles: Phillips Crossroads & Comfort Legend. I-kl • fF Lam- _ _—_ _ Service Area r Conservation Ea 1 • ir _ r . 16 Project Site x- •� i S w - ti• F - - f� r:• _ }� L r- riS Imp ti rr•• •r 5 2,t to c;, Klcty r rnlln M)"r, Lsr, HVRE, GnUrnll% NL L Itrhstzr 1 1 1 Ggus)nllp[tiiss 9 % ko ecrra. fr Legend Conservation Easement Project Drainage Area 843.64 acres G Figure 4: Chinquapin Branch Drainage Area Chinquapin Valley Buffer Mitigation Site Neuse 03020204 Jones County, North Carolina August 2021 NC Onemap 2018 Aerial k i N 0 500 1,000 W�E Feet s Legend Sx Conservation Easement r r 1 M r t o I t LGoA= Goldsberg loamy sand,0-2% slopes Gt= Grifton fine sandy loam Me= Meggett loam Sx= Stockade fine sandy loam Figure 5: NRCS Soil Survey Chinquapin Valley Buffer Mitigation Site N Neuse 03020204 LtE Jones County, North Carolina i tot-rc August 2021 o zoo 400 800 USDA Jones County 1981 NRCS Soil Survey Map Sheet #3 Feet Wl- I Legend Conservation Easement Vegetation Plots ® Floodplain Planting Zone o Photo Points 0 I/P Streams 0 Ditch r- �`�h F ram._ F•, ' I I .L F I� �• may•-� r NC CGIA, Maxar, Microsoft Figure 7: Monitoring Components N Chinquapin Valley Buffer Mitigation Site w�E Neuse 03020204 s frc Jones County, North Carolina rry. August 2021 0 125 250 500 ESRI Aerial Imagery I Feet i �1 % ko ecrra. fr Legend L J Conservation Easement 0 0-100 ft Riparian Buffer Credit 0 100-200 ft Riparian Buffer Credit Non -Credit IS 4 ' Figure 8: Proposed Credit N Chinquapin Valley Buffer Mitigation Site w�E Neuse 03020204 Jones County, North Carolina s August 2021 0 125 250 500 NC Onemap 2018 Aerial I Feet % ko ecrra. fr 4 r Legend Conservation Easement 0 I/P Streams (TOB) Q Ditch (TOB) _ Riparian Buffer Zones C 30' From TOB 50' From TOB ' 100' From TOB 200' From TOB 1 d f e � 4WI r . ki �* JA 46 L-< 0 125 250 500 Feet r Figure 9: Riparian Buffer Zones Chinquapin Valley Buffer Mitigation Site N Neuse 03020204 Jones County, North Carolina w E August 2021 s NC 2018 Onemap Aerial APPENDIX A NCDWR On -Site Stream Buffer Determination NCDWR Site Viability for Buffer Mitigation Letter Chinquapin Valley Buffer Mitigation Site -Mitigation Plan DMS No: 100197 Draft August 2021 ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director Hobert K. Sanderson 1929 Guinea Town Road Kinston, NC 28501 252-521-7815 NORTH CAROLINA Environmental Quality June 10, 2021 Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Subject Property/Project Name: Chinquapin Valley Buffer Mitigation Site Address/Location: 35.108624,-77.519940 Responsible Party: Eco Terra Stream(s) Evaluated: (4) — Chinquapin Branch, UT1, Ditch 1,2 Determination Date: June 4th, 2021 Staff: Allen Stewart 20210993 verl Jones County Determination Type: Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Buffer: Strea m: X - Neuse (15A NCAC 02B .0714) X— Ephemeral/ Intermittent/Perennial Determination Tar -Pamlico (15A NCAC 0213.0734 Catawba (15A NCAC 02B .0614) Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) Randleman (15A NCAC 02B .0724) Goose Creek (15A NCAC 02B .0605-.0608) Stream E/I/P/D* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo Chinquapin Branch I X 35.108624,-77.519940 35.107642,-77.512589 X UT1 I X 35.108457,-77.516852 Chinquapin Branch Ditch 1 D X 35.107363,-77.516590 Chinquapin Branch Ditch 2 D X 35.106805,-77.512965 Chinquapin Branch *Ephemeral / Intermittent/ Perennial / Ditch Dear Mr. Sanderson, The Division of Water Resources has determined that the streams listed as "subject' above and included on the attached map have been located on the most recent published (1981) NRCS Soil Survey of Jones County, North Carolina, Map Sheet 3 and/or the web based Digital USGS National Topographic Map https://apps.nationalmap.goy/viewer/ and evaluated for applicability to the Neuse Riparian Buffer Rules. For each stream that is checked "Not Subject' it has been determined to not be at least intermittent, not present on the property or not represented on the most recent published (1981) NRCS Soil Survey of Jones County, North Carolina and/or the Digital USGS National Topographic Map. There may be other streams or features located on the property that were not assessed and/or that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. North Carolina Department of Environmental Quality I Division of Water Resources Nonni cnnouran Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 o10 E^"ro^jai r 252.946.6481 This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC27699-1617 If sending via delivery service (UPS, FedEx, etc.): clo Paul Wojoski DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC27604 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or waters. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884 Ext. 22. If you have questions regarding this determination, please feel free to contact Allen Stewart at (252) 946-6481. Sincerely, R0z T"" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASERFICHE Jamey O'Shaughnessey, Eco Terra, jamey@ecoterra.com Emily Thompson, US Army Corps of Engineers Washington Regulatory Field Office, emily.b.thompson@usace.army.mil Katie Merritt, NCDWR 401 & Buffer Permitting Branch, katie.merritt@ncdenr.gov Randall Jones, WaRO DEMLR (via e-mail) randall.jones@ncdenr.gov North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Malt I Washington, North Carolina 27889 NC9hl CARCLIfuq � �•�^•^ ^ E^ �^�•^� a^• 252.946.6481 DocuSign Envelope ID: 903E51 E1-3628-4595-949D-22F3E184BD5B ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Direcror Jamey O' Shaughnessey Eco Terra Partners, LLC (via electronic mail: jamey@ecoterra.com NORTH CAROLINA Environmental Quality July 19, 2021 Re: Site Viability for Buffer Mitigation & Nutrient Offset — Chinquapin Valley Site Near 1830 Guinea Town Rd, Kinston, NC Neuse 03020204 Jones County Dear Mr. O'Shaughnessey, On June 14, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Eco Terra Partners, LLC (Eco Terra) for a site visit near the above -referenced site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020204. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed conservation easement boundary, which is more accurately depicted in the attached map labeled "Figure 2" prepared by Eco Terra. The proposed easement boundary in Figure 1, includes all riparian areas intended to be proposed as part of the mitigation site. On July 9, 2020, Ms. Merritt performed a site assessment of the subject site. Staff with Eco Terra were also present. It was noted onsite, that the main stream channel may be associated with a local drainage district and may be actively managed by the local drainage district. The mitigation determination provided in the table on page 2 of this letter is contingent on Eco Terra providing written confirmation from the local drainage district confirming that the stream is not part of, nor will be part of, active management. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0703. EQ_1_1.� � North Carolina Department of Environmental Quality 1 Division of Water Resources ,::.e;o "D512 North Salisbury Street 1 1617 Marl Service Center 1 Raleigh, North Carolina 27699-1617 gal -A n "f 919,707,9000 DocuSign Envelope ID: 903E51 E1-3628-4595-949D-22F3E184BD5B Chinquapin Valley Site Eco Terra July 19, 2021 Feature Classification 'Subject Riparian Land uses Buffer 'Nutrient 4^SMitiigatiion Type Determination w/in onsite riparian areas to adjacent to Feature Credit Offset Buffer 0( 200') Viable Viable Rule Chinquapin Stream Yes Non -forested agricultural Yes Yes Restoration Site per 15A NCAC 02B Branch fields. Areas with washed (where a (where a .0295 (n) out banks were observed. minimum minimum of of 30' 50' width is Minor bank stabilization efforts and width is obtained) grading needed where bank stability is obtained) compromised and where erosional rills, sink holes and gullies are observed. UTl Stream No Non -forested agricultural Yes Yes Restoration Site per 15A NCAC 02B fields. Areas with washed .0295 (n) out banks were observed Minor bank stabilization efforts and grading needed where bank stability is compromised and where erosional rills, sink holes and gullies are observed. D1 Ditch No Non -forested agricultural No Yes Non -forested fields - Restoration Site >3' depth fields per 15A NCAC 02B .0295 (n) D2 >3' depth No Non -forested agricultural No Yes Non -forested fields - Restoration Site fields per 15A NCAC 02B .0295 (n) 'Subjectivity calls for the features were determined by DWR in correspondence dated June 10, 2021 (D)VR# 2021-0993) using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian area. 'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). Determinations provided in the table above were made using a proposed easement boundary showing proposed mitigation areas shown in Figure 2. The map representing the proposal for the site is attached to this letter and initialed by Ms. Merritt on July 19, 2021. Substantial changes to the proposed easement boundary as well as any site constraints identified in the table above, could affect the Site's potential to generate buffer mitigation and nutrient offset credits. This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. Page 2 of 3 DocuSign Envelope ID: 903E51 E1-3628-4595-949D-22F3E184BD5B Chinquapin Valley Site EBX July 19, 2021 All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0703. This viability assessment will expire on July 19, 2023 or upon approval of a mitigation plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, stream or wetland mitigation plan for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, PW/kym Attachments: Figure 2: Existing Conditions cc: File Copy (Katie Merritt) DocuSigned by: :." BA53EF4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch Page 3 of 3 DocuSign Envelope ID: 903E51 E1-3628-4595-949D-22F3E184BD5B e Legend -7 f 4-a' Proposed Conservation Easement 8.19 acres h A low y Chinquapin Branch ec Jterrc: UT1 E 1kh Figure 2: Existing Conditions Chinquapin Valley Buffer Mitigation Site Neuse 03020204 300 150 0 300 Jones County, North Carolina Feet September 2020 2016 NC Onemap Aerial & NCDOT Contours APPENDIX B Draft Conservation Easement Kingfield Buffer Mitigation Site -Mitigation Plan Page 1 DMS No: 100176 Draft August 2021 STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT JONES COUNTY SPO File Number: DMS Project Number: 100197 Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this day of , 20 ,by Hobert K.Sanderson, ("Grantor"), whose mailing address is 1929 Guinea Town Rd. Kinston, NC 28501, to the State of North Carolina ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State of North Carolina has established the Division of Mitigation Services (formerly known as the Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposed of acquiring, maintaining, restoring, enhancing, creating, and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 1 of 11 WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between (Eco Terra Partners, LLC,1328 DeKalb Ave, Atlanta GA 30307) and the North Carolina Department of Environment and Natural Resources, to provide wetland and/or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 0103-02. WHEREAS, the State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing, and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation, and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water, and natural resources of the State by restoring, enhancing, and preserving ecosystem functions; and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU referenced above; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, the Division of Mitigation Services in the Department of Environment and Natural Resources, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 2 of 11 WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Chinquapin Township, Jones County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately 41.6 acres and being conveyed to the Grantor by deed as recorded in Deed Book 307 at Page 558 of the Jones County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposed hereinafter set forth and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of Chinquapin Branch. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement and Right of Access together with an acess easement to and from the Conservation Easement Area described below. The Conservation Easement Area consists of the following: Tracts Number 444937841800 containing a total of 9.11 acres as shown on the plats of survey entitled "Final Plat, Conservation Easement for North Carolina Division of Mitigation Services, Project Name: Chinquapin Valley Buffer Mitigation Site, SPO File No. , DMS Site No. 100197, Property of Hobert K. Sanderson," dated August 9th, 2021 by Chris Paderick, PLS Number L-4189 and recorded in the Jones County, North Carolina Register of Deeds at Plat Book Pages See attached "Exhibit A", Legal Description of area of the Property hereinafter referred to as the "Conservation Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create, and preserve wetland, stream, and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its natural conditions, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. II. ACCESS EASEMENT choose one option based on survey and deed, delete other NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 3 of 11 [GENERAL LOCATION OPTION] Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property at all reasonable times and at the location as practically necessary to access the Conservation Easement Area for the purposes set forth herein ("Access Easement"). This grant of easement shall not vest any rights in the public and shall not be construed as a public dedication of the Access Easement. Grantor covenants, represents and warrants that it is the sole owner of and is seized of the Property in fee simple and has the right to grant and convey this Access Easement. III. GRANTO RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by Grantor, including the rights to all mitigation credits, including but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreation Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting, and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. Grantor reserves the right to engage in a permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observation. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 4 of 11 D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of non-native plants, diseased or damage trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential, and commercial uses are prohibited in the Conservation Easement Area. F. Agricultural Uses. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement. All existing roads, trails, and crossing within the Conservation Easement Area shall be shown on the recorded survey plat. L Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding, or diverting, causing, allowing, or permitting the diversion of surface or underground water in the Conservation Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 5 of 11 M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conservation Easement Area portion of the Property owned by Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future transfer of the Property hall be subject to this Conservation Easement and Right of Access and to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration, or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non-native plants, trees and/or animal species by Grantor is prohibited. Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. IV. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees, agents, successors and assigns, shall have a perpetual Right of Access over and upon the Conservation Easement Area to undertake or engage in any activities necessary to construct, maintain, manage, enhance, repair, restore, protect, monitor and inspect the stream, wetland, and any other riparian resources in the Conservation Easement Area for the purposes set forth herein or any long-term management plan for the Conservation Easement Area developed pursuant to this Conservation Easement. B. Restoration Activities. These activities include planting of trees, shrubs, and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade mateials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservation easements damages the investment and can result in reductions in natural resource value and mitigation credits, which would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement Area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 6 of 11 E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from Grantor if such repairs are needed as a result of activities of Grantor, his successors, or assigns. V. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposed of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall except as provided below, notify Grantor in writing of such breach and Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remain uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief The Grantee shall also have the power and authority, consistent with its statutory authority: (1) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether Grantor is complying with the terms, conditions, and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area caused by third parties, resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 7 of 11 E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. VI. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements realting to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of Grantor. Nothing herein shall relieve Grantor of the obligation to comply with federal, state, or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 8 of 11 Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and General Counsel U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VII. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, Grantor expressly reserves to Grantor, and Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND, Grantor covenants that Grantor is seized of the Property in fee simple and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 9 of 11 IN TESTIMONY, WHEREOF, Grantor has hereunto set their hand and seal, the day and year first above written. (SEAL) Name: Hobert K. Sanderson NORTH CAROLINA COUNTY OF JONES I, , a Notary Public in and for the County and State aforesaid, do hereby certify that Hobert K. Sanderson, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS, WHEREOF, I have hereunto set my hand and Notary Seal this the day of ,20 Notary Public My commission expires: NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 1V 11 Exhibit A [INSERT LEGAL DESCRIPTION] NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 1bf 11 Exhibit A [INSERT LEGAL DESCRIPTION] NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 1bf 11 1, , REVIEW OFFICER OF JONES COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. 0 N=497, 850.0475' E=2, 442, 656.4217' (NAD 83/2011) FILED FOR REGISTRATION 2021. _ M PLAT CABINET Kt (�7J l t K U/' Ut t UJ JONES COUNTY COMBINED FACTOR IS 0.9998840. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS IN FEET & DECIMALS THEREOF, UNLESS OTHERWISE NOTED. THIS EASEMENT IS LOCATED ENTIRELY ON PIN 444937841800. ACCESS TO EASEMENT SHALL BE THROUGH NEIGHBORING TRACTS. HOBERT K. SANDERSON, JR. DENISE C. SANDERSON DB 219, PG 833 R/W = RIGHT OF WAY C/L = CENTERLINE PP = POWER POLE GW = GUY WIRE = NEW IRON STAKE — = ELECTRICAL LINE - — = ADJOINING PROPERTY LINE NORTHING FASTING 1 497, 850.0475' 2, 442, 656.4217' 2 497, 824.9977' 2, 443, 037.1778' 3 497, 763.6271 ' 2, 443, 033.6712' 4 497,752.8720' 2,443,245.8602' 5 497, 629.6140' 2, 443, 517.7020' 6 497, 543.3954' 2, 443, 700.0403' 7 497, 487.7491 ' 2, 443, 783.4832' 8 497, 449.3512' 2, 443, 893.2910' 9 497, 314.9104' 2, 444, 458.8997' 10 497,299.2605' 2,444,523.3949' 11 497,281.8316' 2,444,613.6699' 12 497, 309.2260' 2, 444, 669.2558' 13 497, 434.5293' 2, 444, 766.1208' 14 497, 328.2418' 2, 444, 871.6040' 15 497, 172.8710' 2,444,762.2646' 16 497, 121.8727' 2, 444, 623.1153' 17 497, 311.9769' 2, 443, 771.5528' 18 497,596.8182' 2,443,211.9165' 19 1 49 7,623.0334' 2, 442, 728.9304' 20 1 497, 684.2287' 2, 442, 615.9739' CORNER COORDINATES ARE GROUND COORDINATES BASED ON A GRID COORDINATE ON CORNER NUMBER 1 CONSERVATION EASEMENT ACREAGE DATA (BY COMPUTER) HOBERT K. SANDERSON, JR. DENISE C. SANDERSON VICINITY MAP (NOT TO SCALE) �� ► — ��� 170.68 O S 87'0554" E 4 CANAL 5 \ 483.70' 07 Sp \ \ HOBERT K. SANDERSON, ✓R. �O ¢3 HOBERT K. SANDERSON, JR. DENISE DB 219,SPG0833°N N63?�95. 6334 F ® DENISE C. SANDERSON \ O2 - DB 219, PG 833 10 v U) z A. �637gc6„ rn m AK 14 12 14 "PRELIMINARY PLAT " \ oCq/yq� ' ° m „ m T FOR SALES, CONVEYANCES, OR RECORDA TION. \ o/ 872 52, nth o h HOBERT K. SANDERSON, JR. DENISE C. SANDERSON \ DB 219, PG 833 lg5�20, W 15 \ 5 g9 1, CHRISTOPHER K. PADERICK, PROFESSIONAL LAND SURVEYOR \ 6 NO. 4189, CERTIFY THAT THIS SURVEY IS OF ANOTHER ` CATEGORY. TO WIT, • AN EXCEPTION TO THE DEFINITION OF \ SUBDIVISION. HOBERT K. SANDERSON, JR. \ DENISE C. SANDERSON \ \ DB 219, PG 833 L-4189 \ JONES COUNTY CHRISTOPHER K. PADERICK CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, • (DEED DESCRIPTION C 0 N S E RVATI 0 N EASEMENT \ RECORDED IN MAP & DEED BOOKS NOTED); THAT THE \ / BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN SURVEY FOR / FROM INFORMATION REFERENCED HEREON, • THAT THE RATIO ` OF PRECISION AS CALCULATED IS 1: 1G.S. 4 ; THAT THIS PLAT THE STATE OF NORTH CA ROL I NA WAS PREPARED IN ACCORDANCE WITH G.S. 7-30 AS AMENDED. THAT THE FOLLOWING INFORMATION WAS USED TO \ / PERFORM THIS GNSS SURVEY DIVISION OF MITIGATION SERVICES CLASS OF SURVEY- A \ / POSITIONAL ACCURACY. 0.10' RTK PROJECT. CHINQUAPIN VALLEY BUFFER MITIGATION SITE TYPE OF GPS FIELD PROCEDURE.• DATES / SURVEY 78J(2011) \\\ CA ,��� (SP0 FILE # _ —__; DMS PROJECT # 100197) - - - - - ���ix MATRIX EAST, PLLC DATUM /EPOCH: NAD 83(2011) \\\����� I I I / PUBLISHED / FIXED CONTROL USED: REAL TIME NETWORK \��\� (N ••.••ROB //// �" GEOID MODEL: GEOID 12 pQ; • FES S•.; y 0 WNER • HOBERT K SANDERSON PROFESSIONAL LAND SURVEYORS COMBINED GRID FACTOR. 0.9998840 \ _ ; O E a s t 906 N. QUEEN ST., SUITE A KINSTON, NC 28501 4 UNITS: U.S. SURVEY FEET CHINQUAPIN TOWNSHIP AUGUST 9, 2021 TEL: 252-522-2500 FAX: 252-522-4747 SEAL r WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER = n S L-4189 : Y = » _ •< A- v — JONES COUNTY, NC 1 = 120 AND SEAL THIS 9TH DAY OF AUGUST A.D., 2p2,.�� �9 p•;� \ FIRM LIC. # P-0221 EMAIL: surveyor@matrixeast.net �• SIJRV °�..0 . 120' 60' 0 120' 240' /i/���DAtiERIK\QQ\\\\��� DRAWN BY: CKP PROJECT NO.: 20210191 L-4189 GRAPHIC SCALE SURVEYED BY: CKP/CCK DATE: 8/9/2021 .. APPENDIX C Signed Categorical Exclusion Chinquapin Valley Buffer Mitigation Site -Mitigation Plan DMS No: 100197 Draft August 2021 ecolerra. July 23, 2021 Lin Xu North Carolina Department of Mitigation Services 217 W Jones St. Raleigh, NC 27603 Re: Chinquapin Valley Buffer Mitigation Site: NCDMS Contract #100197 - Task 1 Deliverables Mr. Xu, Eco Terra is pleased to present you with the Environmental and Project Screening deliverables associated with Task 1 of our contract. Our package includes a Site Viability Letter from DWR as well as categorical exclusion documentation. Our team has carried out proper coordination with the agencies associated with the following Acts. • Categorical Exclusion Coordination Efforts o National Historic Preservation Act o Endangered Species Act o Uniform Act o CERCLA o Farmland Protection Policy Act o Fish and Wildlife Coordination Act Sincerely, r--q k� Ted Griffith Project Manager Ted(a&ecoterro.com 404-840-2697 1328 Dekalb Avenue NE, Atlanta, GA 30307 1 EcoTerra.com 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 1: General Project Information Project Name: Chin ua in Valley Buffer Mitigation Site Count Name: Jones DMS Number: Project Sponsor: Eco I errs Partners, Project Contact Name: I-ed Griffith Project Contact Address: 1328 Dekalb Ave. NE Atlanta, GA 30307 Project Contact E-mail: Ted@ecoterra.com DMS Project Mana er: Lin XU Project Description Full Delivery Project to provide Riparian Buffer Mitigation Credits within Cataloging Unit (CU) 03020204 of the Neuse River Basin. For Official Use Only Reviewed By: 7/28/2021 Li,Uv Xw Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: 7-30 —Z/ Date For Division Administrator FHWA 2: All Projects Regulation/QuestionPart p. 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 ❑ Yes Environmental Concern (AEC)? ❑ No ® N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ❑X N/A Comprehensive Environmental Response, Compensation and Liabilit 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 ❑ Yes designated as commercial or industrial? ❑X No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ® No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No X❑ N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ❑X N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ® N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ❑X 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? X❑ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ® No ❑ N/A 4. Has the owner of the property been informed: X❑ Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A 3: Ground -Disturbing Activities Regulation/QuestionPart .. American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? ® No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ® N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No X❑ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No 0 N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ® No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No X❑ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® 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 ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat 0 Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes 0 No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ❑ No 0 N/A 4. Is the project "likely to adversely affect" the specie and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No 0 N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No E] N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ® N/A Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? X❑ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ® N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? X❑ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally X❑ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? X❑ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ❑ Yes water body? X❑ No 2. Have the USFWS and the NCWRC been consulted? ❑ Yes ❑ No ® N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ® No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ® N/A Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ® No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ® N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No X❑ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ® N/A Migratory Bird Treat 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 ® N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes © No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No X❑ N/A Appendix D (Supporting Documents for Categorical Exclusion At -A -Glance) Coastal Zone Management Act ✓ Provide scoping letter and document concurrence from NCDCM IF project in CAMA county (Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell & Washington). Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) ✓ Document that there are no known or potential hazardous waste sites through a Limited Phase I Site Assessment report, such as an EDM report. IF sites are present, provide additional screening documentation or work with DMS/FHWA. National Historic Preservation Act (Section 106) ✓ Provide scoping letter and document concurrence from SHPO. ✓ Provide scoping letter and document concurrence from ECBI IF located in ECBI County (Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Catawba, Cherokee, Clay, Cleveland, Gaston, Graham, Haywood, Henderson, Jackson, Lincoln, Macon, Madison, McDowell, Mitchell, Polk, Rutherford, Swain, Transylvania, Watauga, Wilkes & Yancey) Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) ✓ Document through signed Option Agreement or landowner letter as evidence that all project landowners were informed of fair market value of their property and notified that the land could not be acquired through eminent domain. American Indian Religious Freedom Act (AIRFA) ✓ Provide scoping letter and document concurrence from three federally recognized Cherokee tribes IF located in ECBI County. Antiquities Act (AA) ✓ Provide scoping letter and document concurrence from SHPO IF project located on federal lands. May require permit based on consultation. Archaeological Resources Protection Act (ARPA) ✓ Provide scoping letter and document concurrence from SHPO IF project located on federal lands or Indian lands. May require permit based on consultation. Endangered Species Act (ESA) ✓ Provide a species list and effect determinations, evaluate for critical habitat ✓ Provide scoping letter and document concurrence from USF&W and NOAA (if applicable) ✓ For sites under the Raleigh USF&W field office jurisdiction, follow the 9-step on-line process and provide Self Certification letter, species conclusion table, and email receipt. Executive Order 13007 (Indian Sacred Sites) ✓ Provide scoping letter and document concurrence from three federally recognized Cherokee tribes IF located in ECBI County. Farmland Protection Policy Act (FPPA) ✓ Provide documentation of completed NRCS form AD-1006, with assistance from NRCS. Fish and Wildlife Coordination Act (FWCA) ✓ Provide scoping letter and document concurrence from USF&W and NCWRC, if project will affect any water body. Land and Water Conservation Fund Act (Section 6(f)) ✓ Provide scoping letter and document concurrence from NPS IF project will convert recreation lands Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish Habitat) ✓ Provide scoping letter and document concurrence from NCDMF IF project is in estuarine system. Migratory Bird Treaty Act (MBTA) ✓ Provide scoping letter to USF&W to identify any recommendations relative to MBTA Wilderness Act ✓ Provide permit or easement IF project is in a Wilderness area National Historic Preservation Act (Section 106) NC SHPO Coordination 6 � STAT£ r� Qunr-n •nog%'• North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper April 30, 2021 Jamey O'Shaughnessey Eco Terra 1328 Dekalb Ave NE Atlanta, GA 30307 j ameygecoterra. com Secretary D. Reid Wilson Re: Chinquapin Valley Buffer mitigation site, PIN 444937841800, Guinea Town Road, Kinston, Jones County, ER 21-0828 Dear Mr. O'Shaughnessey: Thank you for your letter of March 24, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, r Ramona Bartos, Deputy �] State Historic Preservation Officer cc: Heath Hidlay, RES hhidln2res.us Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Endangered Species Act (ESA) Ep1T OF Ty�2m a. 0 9 �gaCti 3, t$A United States Department of the Interior Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 3/29/2021 Self -Certification Letter Chinquapin Valley Buffer Mitigation Site Dear Applicant: U.S. F 8t, d W ILD AFT. 31iNV lCl3 Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh(cfws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2021-SLI-0922 Event Code: 04EN2000-2021-E-02023 Project Name: Chinquapin Valley Buffer Mitigation March 29, 2021 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 03/29/2021 Event Code: 04EN2000-2021-E-02023 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoDLbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office atjohn—ellis@fws.gov. 03/29/2021 Event Code: 04EN2000-2021-E-02023 Attachment(s): • Official Species List 03/29/2021 Event Code: 04EN2000-2021-E-02023 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 03/29/2021 Event Code: 04EN2000-2021-E-02023 Project Summary Consultation Code: 04EN2000-2021-SLI-0922 Event Code: 04EN2000-2021-E-02023 Project Name: Chinquapin Valley Buffer Mitigation Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: Chinquapin Valley Buffer Mitigation is a riparian buffer restoration project in Jones county. The project seeks to increase riparian buffer habitat by planting native hardwood trees along the stream present. The chief goals are to reduce nutrient inputs, reduce water temperature, aid in flood events, provide wildlife habitat, and improve overall water quality. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.10782845,-77, 5166775671762,14z Counties: Jones County, North Carolina 03/29/2021 Event Code: 04EN2000-2021-E-02023 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) 03/29/2021 Event Code: 04EN2000-2021-E-02023 4 Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Proposed There is proposed critical habitat for this species. The location of the critical habitat is not Threatened available. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. The location of the critical habitat is not Endangered available. Species profile: https:Hecos.fws.gov/ecp/species/528 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Species Conclusions Table Project Name: Chinquapin Buffer Mitigation Site Date: 3/29/2021 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation No suitable habitat No effect There are no trees, caves, or any other Northern Long-eared Bat crevices that would provide roosting M otis septentrionalis habitat. No suitable habitat No effect The Action Area does not consist of any Red -cockaded fire -dependent open, mature, longleaf or Woodpecker Picoides southern pine forests or foraging grounds borealis needed to support this species. No suitable habitat No effect The Action Area has insufficient habitat, American Alligator lack of open water, and lack of nesting / Alligator mississippiensis foraging areas. No suitable habitat No effect No gravel, bedrock, cover, and stream flow Neuse River Waterdog does not support suitable habitat for the Necturus lewisi Neuse-River Waterdog No suitable habitat No effect Suitable substrate not present, stream flow Carolina Madtom not suitable, water quality not supportive. Noturus furiosus Critical Habitat No critical habitat present No effect n/a Bald Eagle Unlikely to disturb nesting No Eagle Act Permit Required Project is more the 660 feet from any bald eagles potential or known bald eagle nest or any roosting/nesting trees. Northern Long-eared Bat No suitable habitat No effect No tree cutting or tree removal will occur. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Scott J Frederick / Environmental Scientist /mod u, lz�/� Signature /Title 3/30/2021 Date � `' ,� u� Q� 4 n ii n 1 � � � i■�6 �eFn � � � � � ^ � �� ����y x �������� ,� y Uniform Relocation Assistance and Real Property Acquisition Polices Act (Uniform Act) %AO ecolerra March 10, 2021 Hobert K Sanderson 1929 Guinea Town Rd. Kinston, NC 28501 Re: Chinquapin Buffer Mitigation Site: Division of Mitigation Services Project in Jones County Dear Hobert, In accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Buyer herby notifies Seller that: (i) Buyer believes that the fair market value of the Mitigation Values of the Mitigation Property is an amount equal to the Purchase Price; and (ii) Buyer does not have the power of eminent domain. The purpose of this letter is to notify you that Eco Terra Partners, LLC and The State of North Carolina, in offering to purchase your property in Jones county, North Carolina, does not have the power to acquire it by eminent domain. Also, Eco Terra Partners, LLC's offer to purchase your property is based on what we believe to be its fair market value. No response is needed. Sincerely, . 0 44Z mey O'Shaughnessey Assistant Project Manager Jamey@ecoterra.com W: 984-222-5115 1117 Peachtree Walk NE. STE 126. Atlanta, GA 30309 1 404.596.8004 , Eca7erro.cam t • Printed an 100% post-consurner recycled paper '+ 11 i� i I Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Chinquapin Valley Buffer Mitigation Site Trenton, NC 28585 Inquiry Number: 6427622.2s March 30, 2021 6 Armstrong Road, 4th floor Shelton, CT 06484 CEDR° Toll Free: 800.352.0050 www.edrnet.com FORM-LBF-DVV 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 GeoCheck - Not Requested 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. TC6427622.2s 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 TRENTON, NC 28585 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator UTM X (Meters): UTM Y (Meters): Elevation: 35.1077580 - 35' 6' 27.92" 77.5162670 - 77' 30' 58.56" Zone 18 270657.4 3887692.8 55 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map Version Date: Southeast Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 5944930 COMFORT, NC 2013 5945481 PHILLIPS CROSSROADS, NC 2013 Portions of Photo from: 20140524, 20140706 Source: USDA TC6427622.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: TRENTON, NC 28585 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 6427622.2s 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 TC6427622.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US ENG CONTROLS_________ Engineering Controls Sites List US INST CONTROLS --------- Institutional Controls Sites List Federal ERNS list ERNS_________________________ Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS_____________________ Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------- Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF_______________________ List of Solid Waste Facilities OLI____________________________ Old Landfill Inventory DEBRIS_______________________ Solid Waste Active Disaster Debris Sites Listing LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LAST__________________________ Leaking Aboveground Storage Tanks LUST -------------------------- Regional UST Database INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land LUST TRUST_________________ State Trust Fund Database State and tribal registered storage tank lists FEMA UST____________________ Underground Storage Tank Listing UST___________________________ Petroleum Underground Storage Tank Database AST___________________________ AST Database INDIAN UST__________________ Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL_ _ _ _ _ _ _ _ _ _ _ _ _ _ No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites 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 TC6427622.2s EXECUTIVE SUMMARY 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 DEBRIS REGION 9___________ Torres Martinez Reservation Illegal Dump Site Locations ODI___________________________ Open Dump Inventory IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL_________________ Delisted National Clandestine Laboratory Register US CDL_______________________ National Clandestine Laboratory Register Local Land Records LIENS 2_______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS________________________ Hazardous Materials Information Reporting System SPILLS________________________ Spills Incident Listing 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 TC6427622.2s 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 UXO --------------------------- Unexploded Ordnance Sites DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing ECHO ------------------------- Enforcement & Compliance History Information FUELS PROGRAM___________ EPA Fuels Program Registered Listing AIRS__________________________ Air Quality Permit Listing ASBESTOS___________________ ASBESTOS COAL ASH____________________ Coal Ash Disposal Sites DRYCLEANERS______________ Drycleaning Sites Financial Assurance ----------- Financial Assurance Information Listing NPDES------------------------ NPDES Facility Location Listing UIC---------------------------- Underground Injection Wells Listing AOP--------------------------- Animal Operation Permits Listing MINES MRDS----------------- Mineral Resources Data System SEPT HAULERS______________ Permitted Septage Haulers Listing PCSRP------------------------ Petroleum -Contaminated Soil Remediation Permits CCB___________________________ Coal Ash Structural Fills (CCB) Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants EDR Hist Auto ----------------- EDR Exclusive Historical Auto Stations EDR Hist Cleaner_____________ EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS____________________ Recovered Government Archive State Hazardous Waste Facilities List RGA LF_______________________ Recovered Government Archive Solid Waste Facilities List RGA LUST____________________ Recovered Government Archive Leaking Underground Storage Tank 1•411N:A711.101.[el&ik1:&�9NFA:0]:1N:W00&9 Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC6427622.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC6427622.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 6427622.2S 0 * Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property A Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 01 19Z 0 1/4 1/2 1 Mlles Indian Reservations BIA Hazardous Substance ■ National Wetland Inventory Disposal Sites State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Chinquapin Valley Buffer Mitigation Site CLIENT: Eco Terra Management, LLC ADDRESS: - CONTACT: Jamey Oshaughnessey Trenton INC 28585 INQUIRY #: 6427622.2s LAT/LONG: 35.107758 / 77.516267 DATE: March 30, 2021 1:04 pm Copyright �o 2021 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. DETAIL MAP - 6427622.2S * Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property A Manufactured Gas Plants t Sensitive Receptors National Priority List Sites Dept. Defense Sites L 0 1 /16 1 /B 1 /4 Mlles Indian Reservations BIA Hazardous Substance ■ National Wetland Inventory Disposal Sites State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Chinquapin Valley Buffer Mitigation Site CLIENT: Eco Terra Management, LLC ADDRESS: - CONTACT: Jamey Oshaughnessey Trenton INC 28585 INQUIRY #: 6427622.2s LAT/LONG: 35.107758 / 77.516267 DATE: March 30, 2021 1:06 pm Copyright �o 2021 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. Farmland Protection Policy Act (FPPA) USDA United States Department of Agriculture Natural Resources Conservation Service April 26, 2021 North Carolina Jamey O'Shaughnessey State Office Environmental Associate Eco Terra Management LLC 4407 Bland Rd. 1117 Peachtree Walk NE; Suite 126 Suite 117 Raleigh Atlanta, GA 30309 North Carolina 27609 Voice (704) 680-3541 Dear Jamey O'Shaughnessey; Fax (844) 325-2156 The following information is in response to your request soliciting comments regarding the Proposed Chinquapin Valley Buffer Mitigation Site in Jones County, NC. Projects are subject to Farmland Protection Policy Act (FPPA) requirements if they may irreversibly convert farmland (directly or indirectly) to nonagricultural use and are completed by a Federal agency or with assistance from a Federal agency. For the purpose of FPPA, farmland includes prime farmland, unique farmland, and land of statewide or local importance. Farmland subject to FPPA requirements does not have to be currently used for cropland. It can be forest land, pastureland, cropland, or other land, but not water or urban built-up land. Farmland means prime or unique farmlands as defined in section 1540(c)(1) of the Act or farmland that is determined by the appropriate state or unit of local government agency or agencies with concurrence of the Secretary to be farmland of statewide of local importance. "Farmland" does not include land already in or committed to urban development or water storage. Farmland "already in" urban development or water storage includes all such land with a density of 30 structures per 40-acre area. Farmland already in urban development also includes lands identified as "urbanized area" (UA) on the Census Bureau Map, or as urban area mapped with a "tint overprint" on the USGS topographical maps, or as "urban - built -up" on the USDA Important Farmland Maps. See over for more information. The area in question includes land classified as Prime Farmland. In accordance with the Code of Federal Regulations 7CFR 658, Farmland Protection Policy Act, the AD-1006 was initiated. NRCS Completed Parts II, IV, V of the form and returned for completion by the requesting agency. If you have any questions, please feel free to call me at (704) 680-3541 office or (704) 754- 6734 cell. Sincerely, Kristin L May Acting State Soil Scientist cc: Petra Volinski, supervisory soil conservationist, NRCS, New Bern, NC The Natural Resources Conservation Service is an agency of the Department of Agriculture's Farm Production and Conservation (FPAC). An Equal Opportunity Provider, Employer, and Lender U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 03/24/2021 Name of Project Chinquapin Valley Buffer Mitigation Site Federal Agency Involved NC DOT / FHWA Proposed Land Use Riparian Buffer Restoration County and State Jones County, NC PART II (To be completed by NRCS) Date Re uest Received By NRCS �3/24/2021 Person C pleting Form: Kristin Mav 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 NO Z Acres Irrigated None Average Farm Size 371 Major Crop(s) Corn Farmable Land In Govt. Jurisdiction Acres: 73.29 % 222,285 Amount of Farmland As Defined in FPPA Acres: 73.29 % 222,285 Name of Land Evaluation System Used Jones Co. LESA Name of State or Local Site Assessment System NA Date Land Evaluation Returned by NRCS 4/26/2021 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 8.19 B. Total Acres To Be Converted Indirectly C. Total Acres In Site 8.19 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 0.9 B. Total Acres Statewide Important or Local Important Farmland 0.1 C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted 0.0004 D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value 75.4 PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted Scale of 0 to 100 Points 51 PART VI (To be completed by Federal Agency) Site Assessment Criteria Criteria are ex lained in 7 CFR 658.5 b. For Corridor ro ect 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) 10 3. Percent Of Site Being Farmed (20) 20 4. Protection Provided By State and Local Government (20) 0 5. Distance From Urban Built-up Area (15) 15 6. Distance To Urban Support Services (15) 0 7. Size Of Present Farm Unit Compared To Average (10) 5 8. Creation Of Non-farmable Farmland (10) 0 9. Availability Of Farm Support Services (5) 5 10. On -Farm Investments (20) 0 11. Effects Of Conversion On Farm Support Services (10) 0 12. Compatibility With Existing Agricultural Use (10) 0 TOTAL SITE ASSESSMENT POINTS 160 70 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 51 0 0 0 Total Site Assessment (From Part VI above or local site assessment) 160 70 0 0 0 TOTAL POINTS (Total of above 2 lines) 260 121 0 0 0 Site Selected: Date Of Selection Was A Local Site Assessment Used? YES❑ NO ❑ Reason For Selection: Name of Federal agency representative completing this form: Date: (See Instructions on reverse side) Form AD-1006 (03-02) STEPS IN THE PROCESSING THE FARMLAND AND CONVERSION IMPACT RATING FORM Step 1 - Federal agencies (or Federally funded projects) involved in proposed projects that may convert farmland, as defined in the Farmland Protection Policy Act (FPPA) to nonagricultural uses, will initially complete Parts I and III of the form. For Corridor type projects, the Federal agency shall use form NRCS-CPA-106 in place of form AD-1006. The Land Evaluation and Site Assessment (LESA) process may also be accessed by visiting the FPPA website, httu://tppa.nres.usda.gov/lesa/. Step 2 - Originator (Federal Agency) will send one original copy of the form together with appropriate scaled maps indicating location(s)of project site(s), to the Natural Resources Conservation Service (NRCS) local Field Office or USDA Service Center and retain a copy for their files. (NRCS has offices in most counties in the U.S. The USDA Office Information Locator may be found at httu://offices.usda.aov/scripts/ndISAPI.dll/oip public/USA_map, or the offices can usually be found in the Phone Book under U.S. Government, Department of Agriculture. A list of field offices is available from the NRCS State Conservationist and State Office in each State.) Step 3 - NRCS will, within 10 working days after receipt of the completed form, make a determination as to whether the site(s) of the proposed project contains prime, unique, statewide or local important farmland. (When a site visit or land evaluation system design is needed, NRCS will respond within 30 working days. Step 4 - For sites where farmland covered by the FPPA will be converted by the proposed project, NRCS will complete Parts II, IV and V of the form. Step 5 - NRCS will return the original copy of the form to the Federal agency involved in the project, and retain a file copy for NRCS records. Step 6 - The Federal agency involved in the proposed project will complete Parts VI and VII of the form and return the form with the final selected site to the servicing NRCS office. Step 7 - The Federal agency providing financial or technical assistance to the proposed project will make a determination as to whether the proposed conversion is consistent with the FPPA. INSTRUCTIONS FOR COMPLETING THE FARMLAND CONVERSION IMPACT RATING FORM (For Federal Agency) Part I: When completing the "County and State" questions, list all the local governments that are responsible for local land use controls where site(s) are to be evaluated. Part III: When completing item B (Total Acres To Be Converted Indirectly), include the following 1. Acres not being directly converted but that would no longer be capable of being farmed after the conversion, because the conversion would restrict access to them or other major change in the ability to use the land for agriculture. 2. Acres planned to receive services from an infrastructure project as indicated in the project justification (e.g. highways, utilities planned build out capacity) that will cause a direct conversion. Part VI: Do not complete Part VI using the standard format if a State or Local site assessment is used. With local and NRCS assistance, use the local Land Evaluation and Site Assessment (LESA). 1. Assign the maximum points for each site assessment criterion as shown in § 658.5(b) of CFR. In cases of corridor -type project such as transportation, power line and flood control, criteria #5 and #6 will not apply and will, be weighted zero, however, criterion #8 will be weighed a maximum of 25 points and criterion #11 a maximum of 25 points. 2. Federal agencies may assign relative weights among the 12 site assessment criteria other than those shown on the FPPA rule after submitting individual agency FPPA policy for review and comment to NRCS. In all cases where other weights are assigned, relative adjustments must be made to maintain the maximum total points at 160. For project sites where the total points equal or exceed 160, consider alternative actions, as appropriate, that could reduce adverse impacts (e.g. Alternative Sites, Modifications or Mitigation). Part VII: In computing the "Total Site Assessment Points" where a State or local site assessment is used and the total maximum number of points is other than 160, convert the site assessment points to a base of 160. Example: if the Site Assessment maximum is 200 points, and the alternative Site "A" is rated 180 points: Total points assigned Site A 180 Maximum points possible = 200 X 160 = 144 points for Site A For assistance in completing this form or FPPA process, contact the local NRCS Field Office or USDA Service Center. NRCS employees, consult the FPPA Manual and/or policy for additional instructions to complete the AD-1006 form.