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HomeMy WebLinkAbout20060413 Ver 1_Mitigation Plan Draft_20130823MITIGATION PLAN Jones County, North Carolina EEP Project Number 357 Neuse River Basin Cataloging Unit 03020204 Prepared for: December 2011 6R,)� , '4z MITIGATION PLAN STALLINGS BUFFER RESTORATION Jones County, North Carolina EEP Project Number 357 Neuse River Basin Cataloging Unit 03020204 Prepared for: Prepared by: Stantec Consulting Services Inc 801 Jones Franklin Road, Suite 300 Raleigh, NC 27606 December 2011 EXECUTIVE SUMMARY The Stallings Buffer Restoration project in northern Jones County is located approximately 6 miles southeast of Kinston, North Carolina. The Mitigation Plan presented here includes the riparian buffer restoration of a number of tributaries of Flat Swamp, nutrient nitrogen offsets in the form of buffers on non jurisdictional waters, wetland enhancement, and wetland preservation. The project site was historically utilized for row crop agriculture, and site stressors include: • straightening and deepening of streams and excavation of new ditches for drainage; continual maintenance of ditches to quickly carry runoff to streams and remove forested native buffer; • application of fertilizer and pesticide in close proximity to streams and ditches; The goals of the restoration and enhancement project are to improve water quality by reducing nutrient and sediment loads, and to provide additional aquatic and terrestrial habitat. The objectives of the project include the planting of native woody and herbaceous plants in buffers and wetlands and the permanent protection of the site through a deed restriction and conservation easement. Wetland preservation of the Flat Swamp wetlands enhances the functional uplift of the project. The 2010 . Neuse River Basin Restoration Priority Plan lists as a top priority the reestablishment of riparian buffets and corridors of substantial width to improve connectivity of protected areas. The Stallings Buffer Restoration project will increase the natural areas in the Neuse River Cataloging Unit 03020204 and will expand the natural corridor that exists along Flat Swamp. The site, along with another mitigation site on the eastern edge of Flat Swamp, will result in a 307 -acre block of woodland and wildlife habitat in the Flat Swamp watershed. The project will result in 40 acres of restored riparian buffers, 5,403 linear feet of stream enhancement, 3 acres of riparian riverine wetland enhancement, 16.1 acres of riparian riverine wetland preservation, and 27.2 acres of buffer for Nitrogen Nutrient Offsets. The site is situated along unnamed tributaries of Flat Swamp which is within USGS 14 -digit Hydrologic Unit 03020204010050 and North Carolina Division of Water Quality (NCDWQ) sub -basin 03- 04 -11. Flat Swamp has a use designation of C, Sw, NSW. Its use support rating has not been determined. The site was used for agricultural purposes until the early 2000s and has been fallow since. The surrounding area continues to be used for agriculture, This mitigation plan has been written in conformance with the requirements of the following: Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through (c)(14). • NCDENR Ecosystem Enhancement Program In -Lieu Fee Instrument signed and dated July 28, 2010 Stallings Buffer Restoration Mitigation Plant (EEP# 357) Page i Jones County, North Carolina December 2011 These documents govern the North Carolina Ecosystem Enhancement Program (NCEEP) operations and procedures for the delivery of compensatory mitigation. Stallings Buffer Restoration Mitigation Plant (EEP# 357) Page ii Jones County, North Carolina December 201 t Table of Contents Executive Summary ............................................................. l/) Restoration Project Goals and Objectives .................... 2.0 Site Selection ..................... ......................................... 2] Dircohuntomhe -----------------. 22 Site Selection ....................................................... 22] pbyai4pupby, GookVgy, and Soils ....................... 2.22 Current Conditions ............................................... 22.3 Historical Land Use and Development Irendo—. 2.3 VicindvMuy ------------------' 24 WutershedMup -----------------. 2.5 Soil Survey Map ................................................... 2.6 CorrootCondibonPbauView ----------. 2.7 UiokoicuConddiooplanView--------- 2.8 Historical Condition Plan View ........................... 3.0 Site Protection Instrument ............................................ 3.1 Site Protection Instrument Summary Information 3.2 Site Protection Instrument Map ........................... 4.0 Baseline Information .................................................... 5.0 Determination nf Credits .............................................. 5.1 Project Asset Map ................................................ 6.0 Mitigation VVorkP&n ----------------- 7.0 Maintenance Plan ......................................................... � 8.0 Performance Standards ................................................ � 9]0 MhnkxingRngoircueots --------------- 10.0 Long-term Management Plan ........................................ liO Adaptive Management Plan .......................................... 12.0 Rinuouia|Ayourunnea -----------------. |IO 8eiercucco----------------------- 14.0 Appendices ----------------------' Appendix A Site Protection Instruments Appendix Baseline Information Data Appendix C Project Plan Sheets Stallings Buffer Restoration Mitigation Plant (5Er#35D Jones County, North Carolina 'l '3 '3 '} _] '] '4 '6 '7 '8 _y 10 |\ |2 |2 13 |4 15 )6 \7 19 20 2) 22 23 24 25 27 Page iii December 2011 This page intentionally left blank. Stallings Buffer Restoration Mitigation Plant (EEP# 357) Page iv Jones County, North Carolina December 2011 1.0 Restoration Project Goals Objectives The Sm|hoAa Buffer Restoration Project is located in the 03020204 Cataloging Unit (CU), in the Neouu River 0uuio. According 0o the 2010 y4euoc River Basin Qeakxo\oo Priority pkm (KBRP) (hUp://wnwv.uccop.uut/oorvooa�omip|xos/PlNALY�20R8&YY�20Y4ouae`/`3020||0523.pdO ouads in this Cl} include large 6/ruotcd tracts and omoaurvuhona urnoa. However, there are urouo with no riparian buffers. Other problems are aommoiutcd with agricultural ioVpuom such as uoupoin( source runoff and hydrological modification. The &J30P lists as o top priority the rcem(abliabnucui of "riparian buffers and corridors of auha\nohu| width to improve connectivity of these pvo\oo(od areas ... Pro eo10 that address agricultural runoff are important buru." Restoration goals for CO 83020204 as iduudDcJ in the 2010 N*uacBivur Basin RBR9 include: ~ promote nutrient and sediment reduction in agricultural areas by restoring and preserving w continue targeted implementation of projects under the Nutrient Offset and Buffer programs, as well as focusing lVCD0T-xponoorcdrestoration in areas where it will provide the most functional improvement to the ecosystem. * protect, augment and connect Natural Heritage Areas and other conservation lands. The Stallings Buffer Beokoruhno Project was iJoohDod as a buffer restoration opportunity to improve water quality and augment conservation lands within the CU. The project goals address atrcuoom identified io the CD and include the following: * Provide improved water quality by reducing nutrient and sediment loads to the receiving waters * Improve terrestrial and aquatic habitat io the Flat Swamp Watershed The project goals will be addressed through the following project objectives: • Plant native woody and herbaceous species w40 acres of riparian buffers atu sufficient density hpmmote native succession • Planting of 27.2 acres of buffers as a Nutrient Nitrogen Offset for nutrient reduction • Remove from production 146 acres ofagricultural |uud • Enhance 3 acres of riparian river wetlands through the planting of native hardwood trees. • Enhance 5,403 linear feet of stream through the planting of native hardwood trees. • Permanently protect 19.1 acres o[ riparian rivcdno wetlands, 40 acres of riparian buffer, and 27.2 acres of Nutrient Offset buffer. Stallings Buffer Restoration Mitigation Plan (E8P#3rD Page Jones County, North Carolina December 2011 40 acres of restored riparian buffers, 5,403 linear feet of stream enhancement, 3 acres of riparian riverine wetland enhancement, 16.1 acres of riparian riverine wetland preservation, and 27.2 acres of buffer for Nitrogen Nutrient Offsets. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 2 Jones County, North Carolina December 2011 2.0 Site Selection 2.1 DIRECTION TO SITE The Stallings Buffer Restoration Project Site is located approximately six miles southeast of Kinston, North Carolina (Figure 2.3) in northern Jones County. From Kinston travel east on US70, turn right on Wyse Fork Rd (SR 1002) and travel approximately 3.5 miles. The site is located to the east of Wyse Fork Road (SR 1002) between Webb Farm Road (SR 1306) and Flat Swamp. Webb Farm Road intersects the northern end of the site. 2.2 SITE SELECTION The Stallings Site is located on a number of unnamed tributaries to Flat Swamp in the Neuse River Basin southeast of Kinston. Flat Swamp is classified as C Sw NSW from its source to Rattlesnake Branch. The "Use Support Rating" has not been determined for this section of Flat Swamp. The unnamed tributary has a watershed of 462 acres in size at the confluence with Flat Swamp (Figure 2.4). The 146 -acre site is currently lacking riparian buffers due to historic agricultural practices. The large parcel which is owned by NCDOT will allow for the opportunity to perform significant buffer restoration in one area while greatly expanding the natural corridor located along Flat Swamp. The site, along with another mitigation site on the eastern edge of Flat Swamp, will result in a 307 -acre block of woodland and wildlife habitat in the Flat Swamp watershed. 2.2.1 Physiography, Geology, and Soils The site is located in the eastern portion of the Coastal Plain Physiographic Province of North Carolina. Broad, flat interstream areas are the dominant topographic features of this province. Slopes are generally less than four percent. The watershed geology contains Tertiary Period material including the Pinehurst Formation and the Comfort Member and New Hanover Member of the Castle Hayne Formation. The Pinehurst formation is unconsolidated medium to coarse- grained sand with common cross - bedding and rhythmic bands of clayey sand. The Comfort Member is Bryozoan- echinoid skeletal limestone with common solution cavities. The New Hanover Member is a thin, micritic phosphate- pebble conglomerate. The soil survey for Jones County (Barnhill, 1981) indicates that the area is underlain by Goldsboro loamy sand, Grifton fine sandy loam, Meggett loam, and Stockade fine sandy loam (Figure 2.5). The majority of the project site has Meggett loam and Stockade fine sandy loam soils, both of which are hydric. 2.2.2 Current Conditions A number of streams cross the site generally flowing from west to east before entering Flat Swamp. A number of ditches (non jurisdictional) are located on the site as well (Figure 2.6). The existing channels were analyzed for overall stability in October of 2005. This analysis included the morphological assessment as mentioned above, and calculations of shear stress and stream power. The existing channels exhibited shear stresses of approximately 0. 11 lb /ft', which equates to a stream power of 0.154 lb /ft2 /s. In a relatively flat, sand bed system such as the Stallings Site, the stream power is within an acceptable Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 3 Jones County, North Carolina December 2011 range. Field observations in October of 2005 indicated no severe bank erosion or lateral migration of the channels. The Division of Water Quality confirmed these findings in a May 24, 2011 site visit (Appendix B). Existing herbaceous vegetation along the channel banks and within the channel also helps stability. The streannbanks of the unnamed tributaries (StreamA, Stream B, Stream C, and Stream D), as well as the ditches on the Stallings Site are vegetated mostly with grasses, wet herbaceous species, and scattered shrubs and tree saplings. Portions of the streams are overgrown with vegetation such as cattails (Typha sp.), black willow saplings (Salix nigra), smooth alder (Alnus serrulata), and jewelweed (Impatiens spp.). Some of this vegetation is growing in the channel bottoms. Much of the riparian buffers along the Stream A, Stream B, Stream C, and Stream D were used for row crop production and grass field borders, and were maintained, mowed, and planted for crop production until the property was purchased for conservation. Since agricultural production ceased, some trees and shrubs have volunteered including sycamore (Platanus vccidentalis), wax myrtle (Morella cerifera), loblolly pine (Pinus taeda) and silverling (Baccham•is halimifolia). In general, the woody vegetation is sparse and less than ten feet in height along the streams and ditches. However, it is denser closer to the wetlands found along Flat Swamp. Herbaceous species include dog fennel (Eupatorium capillifolium), broomsedge (Andrvpogon virginicus), common woodsorrel (Oxalis sp.), and panic grass (Dicantheliurn sp.), Approximately 23 acres of existing wetlands are located along the western edge of Flat Swamp. There are seven acres of bottomland hardwood forest north Webb Farm Rd which bisects the project site. The 16 acres of wetlands south of Webb .Farm Rd consist of bottomland hardwood forest (12 acres) along much of Flat Swamp. The remaining four acres are located in and around the maintained. Progress Energy ROW and are in a disturbed /cutover condition. The bottomland hardwood forest is dominated by cherrybark oak (Quercus falcata var. pagodaefolia), red maple (Aces mbmm), black gum (Nyssa sylvatica), American elm (Ulmus Americana), box elder (Ater negundo), sycamore, swamp cottonwood (Populus heterophylla), and black willow. The disturbed wetland has been cleared of all vegetation in the past and is currently covered in smartweed (Polygonum pennsylvanicum), cattails, sedges (Carex sp.), and other herbaceous vegetation. Hydrology for the existing wetland areas comes from both overbank flooding from Flat Swamp and poor drainage of rainfall runoff. Field observations also indicate that significant storm water flows push water levels in all the stream channels to the top of bank and over the bank into the lower field along the main tributary. This overbank flooding appears to occur at least once per year making the existing wetlands riverine in nature. 2.2.3 Historical Land Use and Development Trends The watershed is a mixture of forested lands, agricultural row crops, two -lane roadways, and scattered single - family homes. The Stallings Site and much of the surrounding areas have been used primarily for agricultural purposes (Figure 2.7). They were cleared of woody vegetation, and stream channels were straightened to facilitate agriculture production. Agriculture operations ended on the site in the early 2000s when the site was purchased for restoration. The Stallings Site borders the western perimeter of the Great Dover Swamp, which contains a number of large Carolina bays, pocosins, and managed and unmanaged forests. In addition, the Great Dover Swamp is part of a large public holding linking Angola Bay, Holly Shelter Game Land, Hofmann Forest, and the Croatan National Forest. Across Flat Swamp to the east of the Stallings Site is the Jones County Flat Swamp wetland mitigation site. The 160 -acre mitigation site was planted in 1998 -1999 with a variety of wet hardwood tree species. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 4 Jones County, North Carolina December 2011 The Jones County Flat Swamp Site and the Stallings Restoration Site will restore a block of approximately 307 acres of woodland and wildlife habitat in the Flat Swamp watershed. No zoning exists in this part of Jones County and little development is expected in the future. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 5 Jones County, North Carolina December 2011 o O O M rn ro (:I CD C (0) p o�u N 0 ' (:Q' (D ID 'n 0 0 (D < 0 0 co '< (D @ -Z C) 99 AeMq !H ON 10 ebb Farm Rd e4rkert Rd %, rf AD p 2.4 WATERSHED MAP Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 7 Jones County, North Carolina December 2011 2.5 SOIL SURVEY MAP Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 8 Jones County, North Carolina December 2011 2.6 CURRENT CONDITION PLAN VIEW Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 9 Jones County, North Carolina December 2011 2.7 HISTORICAL CONDITION PLAN VIEW Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 10 Jones County, North Carolina December 2011 2.8 HISTORICAL CONDITION PLAN VIEW Lack of buffer on unnamed Tributary Flat Area lacking woody vegetation, looking south from northern boundary of project ($/9/2010) (Roadside ditch on Webb Farm Rd looking east Wetland 2 Preservation area Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 11 Jones County, North Carolina December 2011 3.0 Site Protection Instrument 3.1 SITE PROTECTION INSTRUMENT SUMMARY INFORMATION The land required for the construction, management, and stewardship of this mitigation project includes portions of the following parcels (Table 3.1 and Figure 3.2). A copy of the land protection instrument is included in the appendices. Table3.1. Site Protection Summary Information All site protection instruments require 60 -day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 12 Jones County, North Carolina December 2011 Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage Protected Parcel A North Carolina 455230314100 Jones Deed restriction DB = -290 PG 146 Department of 629 -631 Transportation Parcel B Lee, Robert 455119108100 Jones Conservation DB 298 PG 3 Anthony & Lee, easement & 318 -325 Argen Brown easements of ingress & egress All site protection instruments require 60 -day advance notification to the Corps and the State prior to any action to void, amend, or modify the document. No such action shall take place unless approved by the State. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 12 Jones County, North Carolina December 2011 3.2 SITE PROTECTION INSTRUMENT MAP Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 13 Jones County, North Carolina December 2011 4.0 Baseline Information Table 4.0. Project Baseline Information and Attributes Stallings Buffer Restoration (EEP #357) Project Information Project County Jones Project Area (acres) 149 Project Coordinates (latitude and longitude) 35.171879,- 77.484169 Project Watershed Summary Information Physiographic Region Coastal Plain River Bashi Neuse USES HUC for Project (14 digit) 03020204010050 NCDWQ Sub -basin for Project 03 -04 -11 Project Drainage Area (sq rrti) 0.72 Project Drainage Area % Impervious 3.80% CGIA Landuse Classification Forest Land, Cultivated Land, Herbaceous Cover and Shrubland, Reach Summary Information n/a Wetland Summary Information Wetland I Wetland 2 Size of wetland (acres) 4.2 ac 19.2 ac Wetland Type (non - riparian, riparian riverhne or riparian non- riverine Riparian riverine Riparian riverine Mapped Soil Series Megget loam Megget loam & Stockade fine sandy loam Drainage class Poorly drained Poorly drained & very poorly drained Soil hydric status Yes Yes Source of Hydrology Overbank flooding Overbank flooding Hydrologic Impairment None None Native vegetation community Disturbed/eutover Riverine bottomland hardwood Percent composition of exotic invasive vegetation 0% 0% Regulatory Considerations Regulation Applicable? Resolved? Supporting Documentation Waters of the United States - Section 404 No n/a n/a Waters of the United States - Section 401 No n/a n/a Endangered Species Act No n/a n/a Historic Preservation Act Yes Yes Correspondence with NC Dept. Cultural Resources Coastal Zone Management Act (CZMA) /Coastal Aream Management Act (LAMA) No n/a n/a FEMA Floodplain Compliance No n/a n/a Essential Fisheries Habitat No n/a nla Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 14 Jones County, North Carolina December 2011. 5.0 Determination of Credits Mitigation credits presented in these tables are projections based upon site design (Table 5.0 and Figure 5.1). Upon completion of site construction the project components and credits data will be revised to be consistent with the as -built condition. Table 5.0 Project Components and Mitigation Credits Stallings Buffer Restoration (EEP# 357) Mitigation Credits Stream Riparian Wetland Non-riparian Wetland Buffer Nitrogen Nutrient Offset Phosphorous Nutrient Offset Type Totals R RE 2,161 R RE 4.7 R RE 40.0 27.2 Project Components Project Component or Reach ID Stationing Location Existing Footage/ Acreage Approach Restoration or Restoration Equivalent Restoration Footage or Acrea ge Mitigation Ratio Mitigation Units Comment Steam Enhancement (Streams A, B, C, &D) n/a 5,403 Ell RE 5,403 2.5:1 2,161 Enhancement - planting only. Riparian Buffer n/a 0 R R 40.0 I:I 40.0 Wetland Enhancement n a 3 E RE 3.0 2a 1.5 Enhancement - I)Ianting only. Wetland Preservation rt a 16.1 P RE 16.1 5:1 3.2 Nitrogen Nutrient Offset n/a 0 R R 2T2 1 a 27.2 Component Summation Restoration Level Stream (If) Rip arian Wetland (Ac) Non -ri arian Wetland (Ac) Buffer (s ft) Up land (Ac) Riverure Non- Rivernre 2,927,232 Restoration Enhancement / /ri /F 1 �� /9 +l/ ,, 3.0 Enhancement [ i /%,+ r �i� /„ liFb /J✓ gm, i N,i i f s i/E i iaill,,,,,o� it % / /iu rG je Enhancement II 5,403 Creation e,!i, ✓,�, ,�,,,J'n�,�/ Preservation 16.1 HQ Preservation BMP Elements Element Location Purpose/Function Notes n/a n/a n/a n/a BMP Elements BR = .Bioretention Cell; SF — Sand Filter; SW = Storrawater Wetland; WDP = Wet Detention Pond; DDP = Dry Detention Pond; FS = Filter Strip; Grassed Swale = S; LS - Level Spreader; NI — Natural Infiltration Area, O = Other CF = Cattle Fencing; WS = Watering System; CH = Livestock Housing Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 15 Jones County, North Carolina December 2011 5.1 PROJECT ASSET MAP Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 16 Jones County, North Carolina December 2011 6.0 Mitigation Work Plan Coastal, Plain Riverine Bottomland Hardwood Forest species will be planted in the wetland enhancement areas (Zone 1). Typical plant species identified in the forested portions of the Flat Swamp wetlands, as well as those identified in the Schafale and Weakley (1990) descriptions for the target wetlands were utilized as a guide in developing the planting scheme. Refer to the Planting Plan in Appendix C for the location of planting zones. Forested riparian buffers will be planted along all stream channels on the project site. Forested buffers will also be planted along all non jurisdictional ditches to provide nitrogen removal. Buffers will be planted to 200 feet from the top of bank of all streams and ditches (Zone 2). The targeted natural community for these areas is also bottomland hardwood forest, with the addition of select species found in a mixed mesic hardwood forest (Coastal Plain subtype). This mix will provide species that are appropriate for wetland conditions but also can tolerate the drier conditions that occur further from the channels. The wetland enhancement areas (Zone 1) will be planted with bare root seedlings on 9 -foot centers for a planting density of 538 stems per acre. No clearing, grubbing or soil disturbance will occur in these areas. If fertilizer is necessary, a slow release form should be placed in the planting hole prior to tree installation. Due to the current compaction of the soil from agricultural activity, the buffer areas (Zone 2) will be cleared and grubbed up to the top of bank and the soils on -site will be deep ripped. This will also help ensure proper root development and diffuse flow. Where feasible, larger existing saplings will not be cut. The banks will not be disturbed, Bare root seedlings will be planted on 8 -foot centers, for a planting density of 680 stems per acre. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 17 Jones County, North Carolina December 2011 Table 6.0 Mitii4ation Work Plan — Planting Plan Common Name Scientific Nanne 777FUrnber of Plants Zone 1: Wetland Enhancement (3 acres) Overcup oak Quercus lyrata 240 Swamp chestnut oak Quercus michauxii 225 Green ash Fraxinus pennsylvanica 240 American sycamore Platanus occidentalis 225 Water oak Quercus nigra 240 American ehn Ulmus amer•icana 225 Cherrybark oak Quercus pagoda 225 TOTAL 1,620 Zone 2: Buffer (67.2 acres) Water oak Quercus nigra 7,000 Willow oak Quercus phellos 6,200 Black gtun Nyssa sylvatica 7,000 Slippery elm Ulmus rubra 6,200 American sycamore Platanus occidentalis 7,000 Green ash Fraxinus pennsylvanica 6,200 Tulip poplar Liriondendron tulipifera 6,100 TOTAL 145,700 Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 18 Jones County, North Carolina December 2011 7.0 Maintenance Plan NCEEP shall monitor the site on a regular basis and shall conduct a physical inspection of the site at a minimum of once per year throughout the post- construction monitoring period until performance standards are met. These site inspections may identify site components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following site construction and may include the following: Component/ Maintenance through project close -out Feature Wetland Routine wetland maintenance and repair activities may include supplemental installations of target vegetation within the wetland. Vegetation Vegetation shall be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, mulching, and fertilizing. Exotic invasive plant species shall be controlled by mechanical and /or chemical methods. Any vegetation control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Site Boundary Site boundaries shall be identified in the field to ensure clear distinction between the mitigation site and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree- blazing, or other means as allowed by site conditions and /or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and /or replaced on an as needed basis. Utility Right -of -Way Utility rights-of-way within the site may be maintained only as allowed by Conservation Easement or existing easement, deed restrictions, rights of way, or corridor agreements. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 19 Jones County, North Carolina December 2011 8.0 Performance Standards The vegetative success of the restoration site will be evaluated based on the species density and survival rates. This project is generating wetland enhancement, riparian buffer, and nitrogen nutrient offset mitigation assets. Vegetation success for these assets is measured in two ways. Wetland mitigation units (WMUs) require a minimum of 260 planted and volunteer native hardwood stems (trees and shrubs) per acre at the end of 5 years. Riparian buffer mitigation units (BMUs) and nitrogen nutrient offsets in the form of buffers require a minimum of 320 planted native hardwood stems (trees only) per acre at the end of 5 years. In accordance with North Carolina Division of Water Quality Administrative Code 15A NCAC 028.0260 (TAR- PAMI_,ICO RIVER BASIN, Mitigation Program for Protection and Maintenance of Existing Riparian Buffers) `[planted vegetation] shall include a minimum of at least two native hardwood tree species planted at a density to provide 320 trees per acre at maturity." The interim measure of vegetative success for WMUs for the site will be the survival of at least 320 3- year old sterns per acre at the end of year three of the monitoring period and 280 4 -year old stems per acre at the end of year four monitoring period. There are no interim measures of vegetative success for BMUs and nitrogen nutrient offsets. During monitoring, any encroachments into the conservation easement will be reported to NCEEP and remediated. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 20 Jones County, North Carolina December 2011 9.0 Monitoring Requirements Annual monitoring data will be reported using the NCEEP monitoring template. The monitoring report shall provide project data chronology that will facilitate an understanding of project status and trends, population of NCEEP databases for analysis, research purposes, and assist in decision making regarding project close-out. Required Parameter Quantit Frequency Notes No Pattern NA annual No Dimension NA annual No Profile NA annual No Substrate NA annual No Surface Water NA annual Hydrology No Groundwater NA annual Hydrology CVS-EEP Protocol for Yes Vegetation 20 — 100 square meter annual Recording Vegetation, version plots 4.2 (CVS-EEP 2008) Exotic and Locations of exotic and Yes nuisance nuisance vegetation will be vegetation mapped III [annual Locations of boundary marking Project I Sent damage, vegetation damage, Yes boundary annual boundary encroachments, etc. I will be mapped Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 21 Jones County, North Carolina December 2011 10.0 Long -term Management Plan Upon approval for close -out by the Interagency Review Team (IRT), the site will be transferred to the NCDENR Office of Conservation, Planning, and Community Affairs and NCDOT. The wetland enhancement, wetland preservation, and riparian buffer areas will be managed by NCDOT. The nutrient offset areas will be managed by the NCDENR Office of Conservation, Planning, and Community Affairs Stewardship Program. Refer to the Project Asset Map in Section 5.1 for the location of these areas. These parties shall be responsible for periodic inspection of the site to ensure that restrictions required in the conservation easement or the deed restriction document(s) are upheld. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer to the responsible parties. The NCDENR Office of Conservation, Planning, and Community Affairs Stewardship Program currently houses EEP stewardship endowments within the non - reverting, interest - bearing Conservation Lands Stewardship Endowment Account. The use of flttzds from the Endowment Account is governed by North Carolina Generat Statute GS 113A- 232(d) (3). Interest gained by the endowment fund may be used only for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The NCDENR Stewardship Program intends to manage the account as a non - wasting endowment. Only interest generated from the endowment funds will be used to steward the compensatory mitigation sites. Interest funds not used for those purposes will be re- invested in the Endowment Account to offset tosses due to inflation. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 22 Jones County, North Carolina December 2011 11.0 Adaptive Management Plan Upon completion of site construction BBP will implement the monitoring protocols previously defined in this document. Project maintenance will be performed as described previously in this document. l[ during the course ofannual monitoring it is determined the mito`a ability |o achieve site performance standards are jeopardized, RB9wi|| notify the D8/\CE/DW0o[ the need to develop uP|uo o[ Corrective Action. The Plan ofCorrective Action may 6c prepared using in-house technical staff or may require cugiuoudng and cnu*u|(iug mcrviuou, Oouo the Corrective /\cdou P|uu is prepared and finalized EEP will: i Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required hv the Q8ACB0W0. 2. Obtain other permits aonecessary. ]. Implement the Corrective Action Plan. 4. Provide the D8&CB/DVY0u Record Drawing nf Corrective Actions. This document shall depict the extent and nature nf the work performed. Stallings Buffer Restoration Mitigation pbm(cEr#3o7) Page 23 Jones County, North Carolina December 2011 12.0 Financial Assurances Pursuant to Section IV I-I and Appendix III of the Ecosystem Enhancement Program's In -Lieu Fee Instrument dated July 28, 2010, the North Carolina Department of Environment and Natural Resources has provided the U.S. Army Corps of Engineers Wilmington District with a formal commitment to fund projects to satisfy mitigation requirements assumed by EEP. This commitment provides financial assurance for all mitigation projects implemented by the program. Stallings Buffer Restoration Mitigation Plan (EEP# 357) Page 24 Jones County, North Carolina December 2011 13.0 References Barnhill, William L. 1981. Soil Survey of Jones County, North Carolina. USDA, Soil Conservation Service. Lee, Michael 7,8.K. Peet, S.O. Roberts, and 7.R. Wentworth. 2008.CV8-EE9 Protocol for Recording Vegetation, Version 4.2 (bttp://cvm.hio.ouc.odu/oiethodm.bUn) NC8BP. 2018, Mid8uhoo P|uu (}uid0000 Topics (Design and Permitting Document). North Carolina [}upur0000{ of Environment and Natural Resources, Ecosystem Bohunoomcut Program. Ro|oicb, NC. \/cminn |.O, October 2010. NCEE9. 2010. Mitigation Plan Template —Design and Permitting Document. North Carolina [}opadnocn( of Environment and Natural Resources, Ecosystem Enhancement Program. Raleigh, NC. \/emiuo 2.0_1. October 20lO. Scbu(ale. M.P. and VVoak|ey, A. S. (1900), C|axyiDxo1ioo of the y4o{uru| Communities of North CozoUnu` Third Approximation, NC Natural Heritage Program, Raleigh, NC United States Army Corps of Engineers — Wilmington District, North Carolina Division of Water Quality, United States Bovirmunoco1u) Protection /\gcuuy — Region IV, Natural Knaouroou Conservation Survicc, North Carolina Wildlife Resources Commission. 2003, Stream Mitigation Guidelines. Stallings Buffer Restoration Mitigation Plan (EcP#}57) Page 25 Jones County, North Carolina December 2011 14.0 Appendices Appendix A — Site Protection Instrument Appendix B — Baseline Information Data Appendix C — Project Plan Sheets Stallings Buffer Restoration Mitigation Plant (EEP# 357) Page 27 Jones County, North Carolina December 2011 Appendix A — Site Protection Instruments > AM 1 110 -J, rn > P-I AMON 1% 8g8888. , rn 8- p 3�1 Z� P4 0 2 gg �� \ \ Hsi 4"k z > z A gp " "w al.y 0 will Nz JAI% 3 ?1 ad A z p p 1 Igoe. 22 < Ou •r. "E 1N3N3SV3 V H3MOd --ors, K > z .F oz Fs z Ggi z v 260. PUBLIC � 0 Hz OR 8 o A ftag FA 1306 O o (60 �UC R C2 m NZ E C: R '4 C- i �i 94 es "6,N goo 6ON p g 4 1 - - & oils o v A'SO 3- WILS 0 >- ✓ z z 'o z as PH 8 ng z N �za 4. m x All c*; .6 3 3 > .8 g >z` r z jn2 T oo I "v �?E z Wol Mill E; > A z 2 oTl T. Na P m hP it, mo-n 45qs -Z a n Z� To d �!, i -,2 h 4 18 A M. , I >� A 0 > > �112PNPP T., al Fn?�, i ?. F > —RAT Val 22 po LO I v Jo RUC S49 mAg A0.8d Kah t z.>' I> LO -'a z zl�*jq � 9;.Ag m , ,2 > z A. z � z� r, o z> I�n SR 1306 R .1 z z Issuod Oct 14 2003 #1,900.00 state of JONES North Carolina County Real estate excise Tax NORTH CAROLINA JONES COUNTY FILED in JONES Count NC on Oct 11 2003 at 101:40 AM by: GLORIA K TH"S REGISTER OF DEEDS BOOK 290 PAGE 629 WARRANTY DEED Prepared by: William E. Manning, Jr. WHITE & ALLEN, P.A. THIS DEED, made this 24th day of July, 2003, by BILLIE JEAN JONES STALLINGS and husband, ALVA DONALD STALLINGS, Grantors; to THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, Grantee; W I T N E S S E T H: That Grantors, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, have sold, and by these presents, do grant, bargain, sell and convey unto Grantee, its successors and assigns, in fee simple, that parcel of land lying and being in Beaver Creek Township, Jones County, North Carolina,, and more particularly described on Exhibit A attached hereto and incorporated herein by reference. I TO HAVE AND TO HOLD the aforesaid parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantors covenant with the Grantee that Grantors are seized of said premises in fee, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantors will warrant and defend the title against the claims of all persons whomsoever, subject to I/ valid and enforceable utility easements, rights-of-way and restrictions of record, if any, and a pro rata share of the current year's ad valorem property taxes. The designation Grantors 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. This deed is executed and delivered by Billie Jean Jones Stallings and husband, Alva Donald Stallings as part of a tax- deferred exchange pursuant to an Exchange Agreement dated July 17, 2003. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year firs above writte Ak IJ (S !Allie 44-aiO,10'i�j!i-§LYallings -01 SEAL) Alva Donald R t a n-9 NORTH CAROLINA LEAJOIP- COUNTY Personally appeared before me this day BILLIE JEAN JONES STALLINGS and husband, ALVA DONALD STALLINGS, and acknowledged to me their due execution of the foregoing instrument for the terms and purposes therein set forth. Witness my hand and notarial seal, this day of July, 2003. o`���Q ©� c S. JAqjr.0 --,, n Y �. �1, >�G���Jl --' Notary Public My commission; exDi s! PU B1, Z 41909WEM—rbt. NORTI-1 CAROLINA, JONES COUNTY Xed certificate ...... ... ......... he foregoing or aP03 of ....... .......... ........... Kj 1 .... 0. .. ..... (L C . . ...... ............. is/are certified to be correct, Presented I'm istration and recorded in this office in Dook....2 ............. .......... ......... Page ...... ........ 'Phis ... ........ day o f., .a7fqB.6, K .............. 20.0 . a( ... 1-0..' '-.Z Z-... o'clock ....(A.. .. M (j[,ORIA H. Register of Deeds 800K 290 PAGE 631 Exhibit "A" BEING all of TRACT Ifl, containing 107.932 acres TRACT #2, containing 38.034 acres gross, as certain map for record entitled "SUBDIVISION PI JONES STALLINGS PROPERTY FOR N.C.D.O.T.", dated and recorded in Cabinet B, Slide 361, Page Registry. Reference to said map is hereby particular description by metes and bounds. 41909WEM—rbt.wpd 3 gross, and all of depicted on that .)AT OF BILLIE JEAN January 20, 2003, 3, Jones County made for a more FINAL OPINION OF TITLE (For use where title passes by deed or right of way agreement) JONES COUNTY, NORTH CAROLINA PROJECT 8.1170904 Parcel No. 701WM I hereby certify to the North Carolina Department of Transportation that I have continued my personal examination of all public records affecting the title to the real estate described in my Preliminary Opinion of Title for the parcel referred to above from the date of said opinion up to and including the 14th Day of October 2003 at 10: 22 o'clock A M., the time of the recording of the Warranty Deed from Billie Jean Jones Stallings and husband, Alva Donald Stallings Grantors, to the Department of Transportation, an agency of the State of North Carolina in Book 290 at Page 629 1 Jones County Registry, and, other than the recording of said Warranty Deed there were no no changes in the record of title to said property as set forth in my Preliminary Opinion of Title except as follows: None. I hereby certify to the North Carolina Department of Transportation that, based a personal examination of all public records affecting the title to the real estate described herein, it is my opinion that the above-mentioned Warranty Deed from Billie Jean Jones Stallings and husband, Alva Donald Stallings Grantors, to the Department of Transportation, an agency of the State of North Carolina, vests in said Department, its successors and assigns, record title to the interests and estates in and to the real estate described therein, subject only to the following exceptions: (1), (2), (3), (5), (6) and (7) as shown on Preliminary Report of Title dated August 22, 2002. NOTE: 2003 REGULAR AND DEFERRED TAXES WERE PAID AT CLOSING. This the 14th day of October 2003 at 10:22 A M. William E. Manning, Jr. EXAMINING A I , %TTORNEY SIGNATURE Revised March, 1995 qi N ig. � ANA �\ E'z i'n�'n> y4 "o Ii � II NZ e T7 Tj" Cec I N.0 GRID (NAD 83) z N.C.D.O.T. TIP N R- 2554WM art pc ° R z In w ym -z Soli (q \ �LIJ y'v\ if $ms \ A mT� 409) .Y- --`- -- lao ^.�s 2m Qgzy MAM mo 0q � r II rr m y N N aI: - =,,�° w81 �NSNN9�oo, NN� $NNY$k8$eNN�8tiN Issued Aug 17 2004 FILED to JONES Count NC 016.00 on Aug 17 2004 at Oh8 :134 PM State of JONES I— ,,�GIGORIA H, THOMAS "°t'tn caroling coon +Y MW PAGE PAGE E 318 teal Estate Exal.s Tax CONSERVATION EASEMENT AND EASEMENTS OF INGRESS AND EGRESS THIS INSTRUMENT DRAWN BY R. H. ARNOLD X -14.1) CHECKED BY A. E. JOYNER %} E•J RETURN TO: MR. A. E. JOYNER, NC DOT 1430 E. ARLINGTON BLVD. GREENVILLE, NC 27858 NORTH CAROLINA COUNTY OF JONES TAX MAP AND LOT 4551 -19- 4510.00 STATE HIGHWAY PROJECT: 34452.41 (8.1170904 F. A. PROJECT: STP- 55(23) T ID NUMBER: NIA PARCEL NUMBER: 703 WM ROUTE: STALLINGS SITE JHIS CONSERVATION EASEMENT and EASEMENTS OF INGRESS AND EGRESS, made this the fig__ day of ___ -AO,2 20 04 by and between DELMAS J. BROWN AND WIFE, PATRICIA T. BROWN - — - -- mereinatter called the Grantor(s) and by the North Carolina Department of Tral RALEIGH NC 27699 -1548, hereinafter called the "NCDOT ", provides the following: WITNESSETH 1548 MAIL SERVICE CENTER WHEREAS, the Grantor is the sole owner in fee simple of certain real property in BEAVER CREEK Township of JONES County, North Carolina, as more particularly described in Book 247 , Pages 228 of the JONES County Registry, North Carolina, which land is hereinafter referred to as the Property; WHEREAS, the NCDOT is an agency of the State of North Carolina whose purpose includes the construction of transportation projects for public use and who has the authority to acquire land for the purpose of mitigating environmental impacts of these transportation projects; WHEREAS, the NCDOT desires to restore 3+ acres of stream in JONES County on the said Property: WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over 3± acres of the Property (the Conservation Easement Area), thereby restricting and limiting the use of land within the Conservation Easement Area to the terms and conditions and for the purposes hereinafter set forth, and to further grant a Permanent Access Easement of Ingress and Egress to the Conservation Easement Area upon and along the Property as more particularly set forth hereinafter; WHEREAS, the Uniform Conservation and Historic Preservation Agreements Act, N.C.G.S. § 121 -34 et. seq., provides for the enforceability of restrictions, easements, covenants or conditions appropriate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming or forest use; WHEREAS, the NCDOT, under a Section 404 permit granted by the U. S. Army Corps of Engineers (USACE), must conduct certain off -site stream mitigation work to compensate for impacts to streams resulting from the construction of STALLINGS SITE WHEREAS, the USACE has reviewed and approved the use of the Conservation Easement on the Property to mitigate for the stream impacts, and such will satisfy the said permit conditions after the completion of the stream monitoring period; WHEREAS, the purposes of this Conservation Easement are to protect the mitigation activities performed by the NCDOT, to preserve and protect the conservation values of the Conservation Easement Area, to prevent any use of the Conservation Easement Area that will significantly impair or interfere with these purposes, and to maintain permanently the dominant woodland, scenic and natural character of the Conservation Easement Area designated on the Property as hereinafter described. Conservation Standard Agreement Page I of 8 Rev. August 2002 BU 9• • County:.IONES Proiect:34432.4.1 Parcel:703WM NOW THEREFORE, in consideration of the sum of $ 8,000.00 (EIGHT THOUSAND DOLLARS) & NO/100' _ and other valuable considerations to the Grantor in hand paid by the NCDOT, the receipt of which is Hereby acknowledged, and in further consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor hereby grants and conveys unto the NCDOT and its successors or assigns forever and in perpetuity a Conservation Easement, pursuant to the USACE Section 404 permit requirernents, of the nature and character and to the extent hereinafter set forth, in respect to the land of the grantor situated in JONES County, North Carolina, as described in Exhibit A, and hereinafter referred to as the "Conservation Easement Area;" together with a Permanent Access Easement of Ingress and Egress ( "Permanent Access Easement') over and upon the remaining Property of the Grantors described in Book 247 , pages 228 of the JONES County Registry as a means of ingress and egress to and from the Conservation Easement hereinabove described, as more particularly described in Exhibit B. For a plat of the above described Conservation Ease pvt and Easement of Ingress and Egress, please see plat titled Conservation Easement Recorded in Plat Beelt 84— , of the JONES County Registry. Cod. F00* The terms, conditions and ristrEctions of the Conservation Easement are as hereinafter set forth: ARTICLE I. DURATION OF EASEMENTS; ACCESS A. Conservation Easement, This Conservation Easement shall be perpetual. it is an easement in gross, runs with the land and is enforceable by the NCDOT or its successors and /or assigns against the Grantor(s), Grantors heirs, devisees, successors and assigns, lessees, agents and licensees, B. Tempos Access Agreement. It is specifically understood by all parties to this document that a Temporary Access Agreement over the Property is to be executed between the Parties and, will be valid until the completion of the construction and monitoring of the stream mitigation project within the Conservation Easement Area of said Property of the Grantor. The NCDOT and authorized representatives of the NCDOT shall have the right to access the Conservation Easement Area through the Property pursuant to the Temporary Access Agreement in order to conduct the mitigation activities, and shall have the right to place equipment and materials on the Property pursuant to the Temporary Access Agreement. Upon completion of the monitoring period of said stream mitigation project, as described in Exhibit C, the Conceptual Restoration Plan, the Temporary Access Agreement will dissolve. C. Permanent Access Easement. In addition to the access provided by the Temporary Access Agreement described above, and continuing in perpetuity after said Temporary Access Agreement has dissolved, the NCDOT, and authorized representatives of the NCDOT, shall have the right in perpetuity to enter the Conservation Easement Area through the Property over this Permanent Access Easement, as described more particularly in Exhibit B, at all reasonable times to undertake additional mitigation activities as determined to be necessary by the NCDOT. Further, the NCDOT, and authorized representatives of the NCDOT, shall have the right in perpetuity to enter the Conservation Easement Area through the Property over this Permanent Access Easement in perpetuity, at all reasonable times, for the purpose of inspecting said Conservation Easement Area to determine if the Grantor is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The NCDOT will notify the Grantor by phone, email, or other correspondence before entering the Property for this purpose. However, if the NCDOT in its sole discretion determines that circumstances require immediate entry, such party is not required to notify Grantor prior to entry but will notify Grantor within two business days of such entry, D. Public Access. The easement rights granted herein do not include public access rights. However, the public has the right to view the Conservation Easement Area from any adjacent publicly accessible areas. ARTICLE II. PROHIBITED, RESTRICTED AND RESERVED ACTIVITIES Any activity on, or use of, the designated Conservation Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of the Conservation Easement. The Conservation Easement Area shall be maintained in its natural, scenic and open condition and restricted from any development that would significantly Impair or Interfere with the conservation values of this Conservation Easement Area. Any rights not expressly reserved hereunder by the Grantor have been acquired by the NCDOT. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as Indicated hereunder: 1. Disturbance of Natural Features: Any changes, disturbance, alteration or impairment of the natural, scenic and aesthetic features of the Conservation Easement Area or any introduction of non - native plants and /or animal species is prohibited unless the NCDOT shall give its prior written consent or unless otherwise expressly Permitted herein 2. Agricultural Grazing and Horticultural Use. Agricultural, grazing and horticultural use, including landscaping, of the Conservation Easement Area is prohibited. Livestock shall only cross or access water at areas appointed and agreed upon in the Conceptual Restoration Plan, attached as Exhibit C, and shown on the plat entitled "Conservation Easement" recorded in Plat BookL ,page , of the JONES County Registry, In an emergency situation, in which no other water source is available, livestock may access the stream for water at areas designated on the plat entitled "Conservation Easement" recorded in Plat Book fL Page _._,.9 of the JONES County Registry. Such emergency access Is limi ed to one side of the stream for a length not to exceed 30 linear feet and the Grantor shall notify the NCDOT in writing at the address shown above within 3 business days of such access. Conservation Standard Agreement Page 2 of 8 Rev. August 2002 Cao� Proiect:34452.4.1 Parcel:703WM 3. Stream Crossings. The Grantor, for himself, his successors, assigns, invitees and licensees, hereby reserves the right to maintain the stream crossing agreed upon in the Conceptual Restoration Plan, Exhibit C and shown on the plat entitled "Conservation Easement" recorded in Plat „ �,�_,[_, Page . _, of the County Registry. Specifically for this property this includes four crossing of within the conservation easement area. The NCDOT may agree to the Grantor moving existing stream crossings, installing new crossings or widening the existing stream crossings and construction and access easements, if needed in the future, provided that any such request is consistent with the purposes of this Conservation Easement, the Grantor obtains prior written approval from the NCDOT, and will be done with all necessary state and federal permits. These crossings and construction and access easements shall not exceed a width of fifty (50) feet and will be constructed in such a way that minimizes negative impacts to the stream and riparian vegetation. 4. Silvicultural Use and Land Clearing. There may be no destruction or cutting of trees or plants in the Conservation Easement Area, except in accordance with the Conceptual Restoration Plan, attached hereto as Exhibit C, or upon written approval of the NCDOT. The gathering of firewood in the Conservation Easement Area shall be limited to dead trees, such that the gathering is consistent with purposes of this Conservation Easement. Removal of large live trees may be allowed in some cases provided that any such request is consistent with the purposes of this Conservation Easement and the Grantor obtains prior written approval from the NCDOT. S. Hunting and Fishing. Grantor expressly reserves the right to hunt and fish on the Conservation Easement Area and to control access of all persons for the purpose of hunting and fishing; provided that these activities do not impact the protection and conservation of any animal /trout habitat or other conservation values of the Conservation Easement Area, 6. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. Z. Mineral Use Excavation Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other material, and no change In the topography of the land in any manner on the Conservation Easement Area nor shall there be any activities conducted on the Conservation Easement Area or on adjacent property if owned by the Grantor and his successors which would cause erosion or siltation on the Conservation Easement Area. 8. Industrial Use. Industrial activities in the Conservation Easement Area are prohibited. A. Residential Use. Residential use of the Conservation Easement Area is prohibited. 10. Commercial Use. Commercial activities in the Conservation Easement Area are prohibited 11. New Construction. There shall be no building, shed, facility, mobile home, or other structure constructed or placed in the Conservation Easement Area; provided, however, that the NCDOT expressly reserves the right to Install, operate and maintain structures for the purpose of reestablishing, protecting, and enhancing stream functional values, including those described in the Conceptual Restoration Plan, Exhibit C, for the Conservation Easement Area. 12. Si ns. 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 Protected Property and the holder of the Conservation Easement, and signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area. 13. Subdivision. In the event the burdened parcel is subdivided it is understood that the rights and duties under this conservation easement run with the subdivided parcels and do not change 14. Development Rights No development rights which have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. 15. Utilities. The installation of utility systems, including, without limitation, water, sewer, power, fuel, and communication lines and related facilities, is prohibited. If there are existing utility easements (rights of way) located in the Conservation Easement Area or affecting the Conservation Easement, Grantor shall notify the NCDOT if right of way clearing or other work in the Conservation Easement Area is scheduled by the utility. Any such clearing should be in keeping with the intent of the Conservation Easement. 16. Water Quality and Drainaoe Pattern. Grantor shall conduct no activities in the Conservation Easement Area that would be detrimental to water quality or to any of the plants or habitats within the Conservation Easement Area, or that would alter natural water levels, drainage, sedimentation and /or flow in or over the Conservation Easement Area, or cause soil degradation or erosion. Diking, dredging, alteration, draining, filling or removal of wetlands or stream by the Grantor is prohibited. In addition, Grantor is prohibited from diverting or causing or permitting the diversion of surface or underground water into, within or out of the Conservation Easement Area by any means; polluting or discharging into waters, springs, seeps, or wetlands; or using pesticides or biocides in the Conservation Easement Area unless agreed to In writing by the NCDOT. Conservation Standard Agreement Page 3 oi' 8 Rev. August 2002 County:JONES Proiect:34452,4.1 Parcel: 703WM 17. Grantor's Rights, The Grantor, for himself, his successors, assigns, invitees and licensees, hereby reserves the right to quiet enjoyment of the Conservation Easement Area; the right of ingress and egress to the Conservation Easement Area and all adjacent property of the Grantor; the right to continue such uses as exist as of the date of this grant not inconsistent with this Conservation Easement; and the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of this Conservation Easement and written notice is provided to the NCDOT in accordance with the provisions herein below. 18. NCDOT's Rights. The NCDOT reserves the right to use the Conservation Easement Area in anyway necessary, consistent with the terms herein, to undertake any activities to protect, restore, manage, maintain, or overall improve stream functional values, and monitor the mitigation work, as described in the Conceptual Restoration Plan (Exhibit C) for the Conservation Easement Area, in order to mitigate for impacts to streams resulting from road construction. These mitigation activities include, but are not limited to, construction of new stream channels; restoration /stabilization of existing stream channels; installation of natural and manmade materials as needed to direct in- stream, above ground, and subterraneous water flow; planting of trees, shrubs and herbaceous vegetation; and utilization of heavy equipment to grade, fill, and prepare the soil. The NCDOT further reserves the right to monitor the results of the mitigation activities in perpetuity and to repair or restore any damage to the Conservation Easement Area occurring after initial completion of the construction associated with mitigation activities. ARTICLE Ill, ENFORCEMENT AND REMEDIES Nothing contained herein shall be construed to entitle the Grantor to bring any action against NCDOT for any injury or change in the Property resulting from causes beyond the NCDOT's control, including fire, flood, storm, war, acts of God or third parties, or from any prudent action taken in good faith by NCDOT under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes, in accordance hereunder. The NCDOT has the right to prevent any action on or use of the Conservation Easement Area that is inconsistent with the purpose of this Conservation Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by any inconsistent activity or use. If the NCDOT determines that the Grantor is in violation of the terms of this Conservation Easement or that a violation is threatened, NCDOT shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the Conservation Easement Area resulting from any use or activity inconsistent with the purpose of this Conservation Easement, to restore the portion of the Conservation Easement Area so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from NCDOT, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within the thirty (30) day period, or fails to continue diligently to cure such violation until finally cured, NCDOT may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement, including damages for the loss of conservation values, and to require the restoration of the Conservation Easement Area to the condition that existed prior to any such injury. If the NCDOT, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Conservation Easement Area, the NCDOT may pursue its remedies without prior notice to the Grantor. NCDOT shall exercise reasonable efforts to notify the Grantor and shall, in any event, notify Grantor within two business days after action is taken to explain the action undertaken. NCDOT's remedies shall be cumulative and shall be in addition to any other rights and remedies available to NCDOT at law or equity. Any cost incurred by NCDOT in enforcing the terms of this Conservation Easement against Grantor or its successors or assigns, including, without limitation, costs of suit and attorney's fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Conservation Easement shall be borne by Grantor. No failure on the part of the NCDOT to enforce any covenant or provision hereof shall be a waiver to discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right of NCDOT to enforce the same in the event of a subsequent breach or default, The Grantor reserves the right to take action against the NCDOT for use of the Conservation Easement Area in a way that is inconsistent with the purpose of this Conservation Easement. Any cost incurred by Grantor in enforcing the terms of this Conservation Easement against NCDOT or its successors or assigns, including, without limitation, costs of suit and attorney's fees, shall be borne by NCDOT. ARTICLE IV. MISCELLANEOUS A. Amendments. The NCDOT and Grantor may amend this Conservation Easement, or Permanent Access Easement only by a jointly executed written agreement, and provided that no amendment will be allowed that is inconsistent with the purposes stated herein, and provided that it is approved by the USACE. B. Exhibits. The attached Exhibit A, Exhibit B, Exhibit C and Plat recorded in Plat Book A94-M , Page Of the _ JONES County Registry are incorporated in and made a part of this instrument by reference. The parties acknowledge that the STALLINGS SITE Stream Restoration Plan, developed by NCDOT, dated 1121/03 (EXHIBIT C), a copy of which is on file at the office of the NCDOT, and which is also attached hereto and incorporated herein, describes the plan for mitigation activities in the Conservation Easement Area. Conservation Standard Agreement Page 4 of 8 Rev. August 2002 OWK 298 PAGE 322 County:JONES 1'roiect:34452.4.1 Parcel:703WM C. Title. The Grantors covenant and represent that the Grantors are the sole owner and are seized of the Property in fee simple and have good right to grant and convey the aforesaid Conservation Easement and Permanent Access Easements of Ingress and Egress; that the Conservation Easement Area and Permanent Access Easements are free and clear of any and all encumbrances, except easement and leases of record or in effect by prescriptive rights as of the date hereto, and Grantors covenant that the NCDOT shall have the use of and enjoy all of the benefits derived from and arising out of the aforesaid easements conveyed. The easements conveyed herein shall run with the land and must be made part of any transfer of title by the Grantors. D. Notification. Except as otherwise provided herein, any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. E. Entire Aoreement. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and Easements of Ingress and Egress and supersedes all prior discussions, negotiations, understandings or agreements relating to the said easements. If any provision is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than those as to which is found to be invalid, shall not be affected thereby. F. Recording. o_ rd_ing. The NCDOT shall record this instrument and any amendment hereto in timely fashion in the JONES County, North Carolina, Registry and may re- record it at any time as may be required to preserve its right under this Conservation Easement. G. Costs and liabilities. The Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. Grantor shall pay before delinquency all taxes, assessments, fee, and charges of whatever description levied on or assessed against the Property by competent authority (collectively, "taxes "), including any taxes imposed upon, or incurred as a result of, this Conservation Easement, and shall furnish NCDOT with satisfactory evidence of payment upon request. H. Construction of Terms. This Conservation Easement shall be construed to promote the purposes of the North Carolina enabling statute set forth in N.C.G.S.. 121 -34, which authorizes the creation of Conservation Easements for purposes including those set forth in the recitals herein, and the conservation purposes of this Conservation Easement, including such purposes as are defined in Section 170(h)(4)(A) of the Internal Revenue Code. I. Conservation Purpose, The NCDOT, for themselves, and their successors and assigns agree that this Conservation Easement shall be held exclusively for conservation purposes. The parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and assignable, provided, however, that the NCDOT hereby covenants and agrees that in the event they transfer or assign this Conservation Easement they hold under, the organization receiving the interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 19136 (or any successor section) and the regulations promulgated thereunder, which is organized or operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) and section 2301 of the Internal Revenue Code, and the NCDOT 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 to carry out in perpetuity the conservation purposes that the contribution was originally intended to advance, set forth in the Recitals herein. TO HAVE AND TO HOLD the aforesaid Conservation Easement and Easement of Ingress and Egress unto the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, its successors and assigns, forever. The rights and obligations set forth herein shall inure to and be binding upon the Grantor and the NCDOT, their heirs, executors, administrators, assigns and successors in title or interest. IN WITNESS WHEREOF, the parties hereto have set their hands and seals and causeAthisinst nt to s igned I eir respective names by authority duly given, the day and year first above written. '�j (SEAL)( EAL) Delmas J Brown Patricia T. B fVVN 1 N UANULINA, �nZ4,.,S COUNTY I, a Notary Public of the County and State aforesaid, certify that GRANTORS, personally appeared before me this day and acknowledged the execution of the fore Witness my hand and official stamp or seal, this the � day of Z,*� ,, My Commission Expires: —T _ A01—/—.It Ze_ .:) Notary Public) 0 ( - -- � "'ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY: 4 WUL ._2 Q 2004 Conservation Standard Agreement Page 5 of 8 Rev. August 2002 BOOK 298 PAGE 323 The foregoing Certificate(s) of AWR7' /K. AWell-P - /M ef is/are certified to be correct. This instrument and this certificate are duly egistered on the � day of 20 6JI in Book jq9' , Page ,?IS at -;?: 5k o'clock M. REGISTER OF DEEDS FOR .4 - JPA 4�5 COUNTY BY: — jue— - Deputy/Assistant - Register of Deeds — "EXHIBIT A" The conservation easement area shown as North Carolina Department of Transportation Conservation Easement containing acres, being more particularly shown and described on a plat entitled "Conservation Easement on property of Patricia T. Brown, et vir-" and being -, recorded in Plat Book 17/ Page of the JONES _ County Registry. Conservation Standard Agreement Page 6 of 8 Rev. August 2002 717 Conservation Easement "EXHIBIT B" The NCDOT and its authorized representatives shall have the right in perpetuity to enter the Conservation Easement Area. For a more specific location of said permanent access easement, see Plat titled "Conversation Easement on property of Patricia T. Brown, et vir" recorded in Plat Book &; 3V Page 3 of the JONES County Registry, Conservation Standard Agreement Page 7 of'8 Rev. August 2002 :'l f& • ; • "EXHIBIT C The Conceptual Restoration Plan, otherwise known as the Stallings Site Stream Restoration Plan, on file at the office of the North Carolina Department of Transportation, the Project Manager, Leilani Paugh, NCDOT and the Design Engineer being Paul Koch, Stantec Consulting Services. This plan is incorporated herein by reference. Conservation Standard Agreement Page 8 of R Rev. August 2002 Appendix B — Baseline Information Data DWQ Stability Letter USACE Routine Welland Determination Forms FHWA Categorical Exclusion Form RUNK North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H, Sullins Dee Freeman Governor Director Secretary _ May 24, 2011 DWQ Project # 2006-0413 v2 Jones County Heather Smith NCDENR-EEP 1652 Mail Service Center Raleigh, NC 27699-1652 Subject Property: Stallings stream and wetland restoration project UTs to Flat Swamp, Neuse River Basin Class C, Sw, NSW; Index# 27-101-15-2-1; Sub-basin 030411 On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233) Dear Ms. Smith: On May 18, 2011, at your request I conducted an on-site determination to review drainage features located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The project area is labeled as "2006-0413 v2" on the attached map initialed by me on May 31, 2011, The project is located on the southeast comer of the intersection of Wyse Farm Road and The Division of Water Quality (DWQ) has determined that the surface waters circled, highlighted in blue, and labeled as 112006-0413 v2 (A, B, and C)" on the attached map are at least intermittent and are SUBJECT to the Neuse Buffer Rule. The portions of the features that are highlighted in red are ephemeral and NOT SUBJECT to the Rule. Throughout the project area, it appears that the stream banks are stable. These features and any associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer North Carolina Division of Water Quality Internet wwvv.ncwateraua%_ora One 943 Washington Square Mall Phone: 252-946-6481 Washington, NC 27889 FAX 252-946-9215 NorthCarofina An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper .1vatmazly Page 2 of 2 rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714, This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call me at (252) 948-3920. Sincerely, Chris Pullinger Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: copy of Google Earth map with 1:24,000 scale USGS topographic map (Dover quadrangle) and NRCS soils ped overlays cc: DWQ 401 Oversight/Express WeBSCaPe Unit - Attn: Eric Kulz WaRO File Copy Filename: 2006-0413 v2 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Stallings Restoration Site Date: 11/2/2005 Applicant / Owner: NC EEP County: Jones Investigator: P Colwell, M Ruiz, L Myott State: NC Do Normal Circumstances exist on the site'? YES NO Community ID: wetland Is the site significantly disturbed (Atypical Situation)? YES No Transect ID: [—i's the area a potential Problem Area? (If needed, explain on reverse) YES NO I Plot ID: near WN- 10 VEGETATION Dominant Plant Species Scientific Name Stratum Indicator I ironwood Car inns caroliniana Tree FAC 2 boxelder Acer ncgundo Tree FACW 3 red tna le Acer rubrunt Tree FAC 4 boxelder Acer negundo__._ Herb FACW 5 [X] Oxidized Root Channels in Upper 12 inches [ ] Water-stained Leaves Depth of Free Water in P4 2 6 [X] Local Soil Survey Data [X] FAC-Neutral Test Other (Explain in Remarks) Depth to Saturated Soil 7 Remarks: 9 to Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100% Remarks: HYDR01,0GY Recorded Data (Describe in Remarks) WETLAND HYDROLOGY INDICATORS Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs [ ] Inundated Other [X] Saturated in Upper 12 Inches [ ] Water Marks [X] No Recorded Data Available [ ] Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more Required) FIELD OBSERVATIONS Depth of Surface Water (in) [X] Oxidized Root Channels in Upper 12 inches [ ] Water-stained Leaves Depth of Free Water in P4 2 [X] Local Soil Survey Data [X] FAC-Neutral Test Other (Explain in Remarks) Depth to Saturated Soil 2 (in) Remarks: SOILS Map Unit Name (Series and Phase): Meggett` loam Drainage Class: poorly drained Taxonomy (Subgroup): Typic Albaqualfs Field Observations Confirm Mapped Type? YES NO PROFILE DESCRIPTION Depth Horizon Matrix Color (inches) (Munsell Moist) Mottle Colors (Munsell Moist) .Mottle Texture, Concretions, Abundance /Contrast Structure, etc. 0 -4 Al IOYR2 /1 Sand loam 4 -8 A2 10YR3 /1 5YR5 /6 Few prominent Loamy sand 8 -12-F I3 IOYR5 /2 5YR5 /8 Many prominent Sandy clay loam HYDRIC SOIL INDICATORS: [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Aquic Moisture Regime [ ] Reducing Conditions [X] Gle ed or Low- Chroma Colors [ ] Concretions [ ] High Organic Content in Surface Layer in Sandy Soils [ ] Organic Streaking in Sandy Soils [X] Listed on Local Hydric Soils List [ ] Listed on National Hydric Soils List [ ] Other (Explain in Remarks) Remarks: WETLAND DETERMINATION DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Stallings Restoration Site Date: 11/2/2005 Applicant / Owner: NC EEP County: Jones Investigator: P Colwell, M Ruiz, L Myott State: NC Do Normal Circumstances exist on the site'? YES NO Community ID: wetland Is the site significantly disturbed (Atypical Situation)? YES NO Transect ID: Is the area a potential Problem Area'? (if needed, explain on reverse) YES NO I - Plot ID: neat WS-7 VEGETATION Dominant Plant Species Scientific Name Stratum Indicator I ironwood Car pinus caroliniana Tree FAC 2 boxelder Acer neguncto Tree FACW 3 red ma Acer rubrum 'Free FAC -le 4 willow Salix nigra Shrub OBI, 5 sweet um Liquidambar s(yr(miflua Tree FAC+ 6 common rush Juncits ef ,fusus Herb FACW+ 7 cattails Typha latifolia Herb OBL 8 9 10 Percent of Dominant 0% Remarks: Recorded Data (Describe in Remarks) WETLAND HYDROLOGY INDICATORS Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs [ ] Inundated Other [X] Saturated in Upper 12 Inches I Water Marks [X] No Recorded Data Available ] Drift Lines ] Sediment Deposits ] Drainage Patterns in Wetlands Secondary Indicators (2 or more Required) FIELD OBSERVATIONS Depth of Surface Water (in) — [X] Oxidized Root Channels in Upper 12 inches [X] Water-stained Leaves Depth of Free Water in Pit 7 [X] Local Soil Survey Data [X] FAC-Neutral Test Depth to Saturated Soil 0 (in) Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Meggett loam Drainage Class: poorly drained Taxonomy (Subgroup): Typic Albaqualfs Field Observations Confirm Mapped Type? YES NO PROFILE DESCRIPTION Depth Horizon Matrix Color (inches) (Munsell Moist) Mottle Colors (Munsell Moist) Mottle Texture, Concretions, Abundance /Contrast Structure, etc. 0 -6 A IOYR4 /1 5YR5/8 Few prominent Sandy loam 6 -8 B I0YR7 /1 IOYR6 /8 Few faint Sandy loam 8 -20+ B IOYR7 /1 l OYR6 /8 Few faint Sand HYDRIC, SOIL INDICATORS: [ ] Histosol [ ] Histic Epipedon [ Sulfidic Odor [ ] Aquic Moisture Regime [ ] Reducing Conditions [X] Gleyed or Low- Chroma Colors [ ] Concretions [ ] High Organic Content in Surface Layer in Sandy Soils [ ] Organic Streaking in Sandy Soils [X] Listed on Local Hydric Soils List [ Listed on National Hydric Soils List [ ] Other (Explain in Remarks) Remarks: WETLAND DETERMINATION DATAFORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Stallings Restoration Site 11/2/2005 Applicant / Owner: NC EEP County: Jones Investigator: P Colwell, M Ruiz, L Myott State: NC Do Normal Circumstances exist on the site? YES NO Community ID: wetland Is the site significantly disturbed (Atypical Situation)? XYEl No Transect ID: Is the area a potential Problem Area? (tf needed, explain on reverse) YES NO Plot ID: near MF-12 VF(7FTATl0N Dominant Plant Species Scientific Name Stratum Indicator I willow Salix ni ra Shrub OBL 2 smartweed Polygonitin pens.ylvanician Herb FACW 3 common rush fitsus Juncus ef Herb FACW4- 4 cattails Tjj)ha latLfolia Herb OBL 5 [X] Oxidized Root Channels in Upper 12 inches [ ] Water-stained Leaves Depth of Free Water in Pit 8 (in) 6 [X] Local Soil Survey Data [X] FAC-Neutral Test [j Other (Explain in Remarks) Depth to Saturated Soil 7 Remarks: 8 9 10 Percent of Dominant Species that are OBL, FACW, or FAG (excludin�MC-): 100% Remarks: Trees removed in past I& Mayfflayff -STOLVA Recorded Data (Describe in Remarks) WETLAND HYDROLOGY INDICATORS Stream, Lake, or Tide Gauge Primary Indicators: Aerial Photographs [ ] Inundated Other [X] Saturated in Upper 12 Inches [ ] Water Marks [X] No Recorded Data Available [X] Drift Lines Sediment Deposits Drainage Patterns in Wetlands Secondary Indicators (2 or more Required) FIELD OBSERVATIONS Depth of Surface Water (in) [X] Oxidized Root Channels in Upper 12 inches [ ] Water-stained Leaves Depth of Free Water in Pit 8 (in) [X] Local Soil Survey Data [X] FAC-Neutral Test [j Other (Explain in Remarks) Depth to Saturated Soil 0 (in) Remarks: SOILS Map Unit Name (Series and Phase): Meggett loam I Drainage Class: poorly drained Taxonomy (Subgroup): Typic Albaqualfs Field Observations Confirm Mapped Type? YES NO PROFILE DESCRIPTION Depth Horizon Matrix Color (inches) ( Mansell Moist) Mottle Colors Mottle Texture, Concretions, (Mansell Moist) Abundance /Contrast Structure, etc. 0 -4 A 10YR3 /2 Sandy loam 4-18+ B 10YR3 /2 5YR5 /8 Many prominent Sandy clay loam HYDRIC SOIL INDICATORS: [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Aquic Moisture Regime [ ] Reducing Conditions [X] Gleyed or Low - Chroma Colors [ ] Concretions [ ] High Organic Content in Surface Layer in Sandy Soils [ ] Organic Streaking in Sandy Soils [X] Listed on Local Hydric Soils List [ ] Listed on National Hydric Soils List [ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Restoration Site Date: 11/2/2005 Applicant / Owner: NC EEP County: Jones Investigator: P Colwell, M Ruiz, L Myott _- State: NC _ Do Normal Circumstances exist on the site'? YES NO Community ID: upland Is the site significantly disturbed (Atypical Situation)? YES NO Transect ID: Is the area a potential Problem Area'? (11 needed, explain on reverse) YES NO Plot ID: near WN -10 VEGETATION Dominant Plant Species Scientific Name Stratum Indicator _ I ironwood Car inu_s ca roliniana Tree FAC _ 2 loblolly pine _ Pinus taeda Tree FAC 3 sweet um Li uidambarstvraciflua Tree FAC+ 4 poison ivy Toxicodendron radicans Herb FAC _ 5 common greenbriar _ _ Smilax rotundVblia herb FAC 6 Depth to Saturated Soil N/A (in) I [ ] Other (Explain in Remarks) Remarks: No water in hole, soils not saturated 8 — 9 -- – – 10 - -- – — Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC -): 100% Remarks: HYDROLOGY [ ] Recorded Data (Describe in Remarks) WETLAND HYDROLOGY INDICATORS [ ] Stream, Lake, or Tide Gauge Primary Indicators: [ ] Aerial Photographs [ ] Inundated [ ] Other- [ ] Saturated in Upper 12 Inches [ ] Water Marks [X] No Recorded Data Available [ ] Drift Lines [ ] Sediment Deposits [ ] Drainage Patterns in Wetlands Secondary Indicators (2 or more Required) FIEI.,D OBSERVATIONS Depth of Surface Water N/A (in) �_ [ ] Oxidized Root Channels in Upper 12 inches [ ] Water - stained Leaves Depth of Free Water in Pit N/A (in) [ ] Local Soil Survey Data [ ] FAC - Neutral Test Depth to Saturated Soil N/A (in) I [ ] Other (Explain in Remarks) Remarks: No water in hole, soils not saturated SOILS Map Unit Name (Series and Phase): Goldsboro sandy loam I Drainage Class: moderately well Taxonomy (Subgroup): Aquic Paleudult Field Observations Confirm Mapped Type? YES NO PROFILE DESCRIPTION Depth horizon Matrix Color (inches) (Mansell Moist) Mottle Colors ( Munsell Moist) Mottle Texture, Concretions, Abundance/Contrast Structure, etc. 0 -3 A OYR3 /2 Sand loam 3 -6 B I OYR7 /6 Many distinct Loamy sand 6 -10 B !tIOYR4/3 OYR6 /6 Loamy sand 10+ B OYR5 /8 l OYR7 /2 Many distinct Sandy clay loam HYDRIC SOIL INDICATORS: [ ] Histosol [ ] Histic Epipedon [ ] Sulfidic Odor [ ] Aquic Moisture Regime [ ] Reducing Conditions [ ] Gle ed or Low - Chroma Colors [ ] Concretions [) High Organic Content in Surface Layer in Sandy Soils [ ] Organic Streaking in Sandy Soils [ ] Listed on Local Hydric Soils List [ ] Listed on National Hydric Soils List [ ] Other (Explain in Remarks) Remarks: No hydric indicators WETLAND DETERMINATION DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project /Site: Stallings Restoration Site 11/2/2005 Applicant / Owner: NC EEP County: Jones Investigator: P Colwell, M Ruiz, L Myott State: NC Do Normal Circumstances exist on the site? YES NO Community ID: upland Is the site significantly disturbed (Atypical Situation)? YES NO Transect ID: — Is the area a potential Problem Area? (Ifneeded, explain on reverse) YES NO I Plot ID: near WS -7 VEGETATION Dominant Plant Species Scientific Name Stratum Indicator I dog fennel Eupatoriaan captllifvliuni Herb FACU 2 broom sedge _ndro'90-1 virginicus —_ Herb.-.—..- FAG 3 common woodsorrel Oxalis stricia Herb UPL 4 Oxidized Root Channels in Upper 12 inches [ ] Water- stained Leaves Depth of Free Water in Pit — -- — ..- - - - - -- — — 6 — _ N/A (in) 7 [ ] Other (Explain in Remarks) _ Remarks: No water in hole, soils not saturated Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC -): 0% — Remarks: Previously used for agriculture (cotton) HYDROLOGY [ ] Recorded Data (Describe in Remarks) WETLAND HYDROLOGY INDICATORS [ ] Stream, Lake, or Tide Gauge Primary Indicators: [ ] Aerial Photographs [ ] Inundated [ ] Other [ ] Saturated in Upper 12 Inches [ ] Water Marks [X] No Recorded Data Available [ ] Drift Lines [ ] Sediment Deposits [ ] Drainage Patterns in Wetlands Secondary Indicators (2 or more Required) FIELD OBSERVATIONS Depth of Surface Water N/A (in) Oxidized Root Channels in Upper 12 inches [ ] Water- stained Leaves Depth of Free Water in Pit N/A (in) [ ] Local Soil Survey Data [ ] FAG - Neutral Test Depth to Saturated Soil N/A (in) [ ] Other (Explain in Remarks) _ Remarks: No water in hole, soils not saturated SOILS -Map Unit Name (Series and Phase): Goldsboro sandy loam Drainage Class: moderately well -Taxonomy (Subgroup): Aquic Paleudult Field Observation!,, Confirm Mapped Type? YES NO PROFILE DESCRIPTION Depth Horizon Matrix Color Mottle Colors (inches) (Munsell Moist) (Munsell Moist) Mottle Texture, Concretions, Abundance/Contrast Structure, etc. -0-8 A I OYR4/4 Loamy sand 8-12 B 2.5YR5/4 I OYR4/2 Few prominent Sandy loam 12 B 2.5YR6/6 Sandy clay loam HYDRIC SOIL INDICATORS: Histosol Histic Epipedon Sulfidic Odor AqLfic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soils Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) Remarks: No hydric indicators WETLAND DETERMINATION DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Pro'ect /Site: Stallings s Restoration Site Date: 11/2/2005 _ _ _ _ Applicant / Owner: NC F..,EP County: Jones _ Investigator: P Colwell, M Ruiz, L M ott State: NC _ Do Normal Circumstances exist on the site? YES NO Community ID: upland Is the site significantly disturbed (Atypical Situation)". YES NO Transect ID: Is the area a potential Problem Area? (If needed, explain on reverse) YES NO I Plot ID: south of MF -12 VEGETATION Dominant Plant Species Scientific Name _ _ Stratum _ Indicator 1 dog fennel Ett atoriama ca pilli olitim Herb FACU 2 panic sass Panicum vir atum Herb FAC+ _ 3 common woodsorrel Oxalis stricta herb _ UPL 4 poison ivy _ Toxicodendron r•adicans Herb FACU 5 groundsel _ Baccharis halimifolia Herb FACW 6 Depth to Saturated Soil N/A (in) [ ] Other (Explain in Remarks) _ Remarks: -- 8 - -- -- — - -- 9 _ 10 _ Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC -): 30% Remarks: Previously used for agriculture (corn) . ri l[• I • 1 [ ] Recorded Data (Describe in Remarks) WETLAND HYDROLOGY INDICATORS [ ] Stream, Lake, or Tide Gauge Primary Indicators: [ ] Aerial Photographs [ ] Inundated [ ] Other [ ] Saturated in Upper 12 Inches [ ] Water Marks [X] No Recorded Data Available [ ] Drift Lines [ ] Sediment Deposits [ ] Drainage Patterns in Wetlands Secondary Indicators (2 or more Required) FIELD OBSERVATIONS Depth of Surface Water N/A (in) _ [ ] Oxidized Root Channels in Upper 12 inches [ ] Water - stained Leaves Depth of Free Water in Pit N/A (in) [ ] Local Soil Survey Data [ ] FAG- Neutral Test Depth to Saturated Soil N/A (in) [ ] Other (Explain in Remarks) _ Remarks: No water in hole, soils not saturated SOILS Map Unit Name (Series and Phase): Goldsboro sandy loam Drainage.Class: moderately well 'Taxonomy (Subgroup): Aquic Paleudult Field Observations Confirm Mapped Type? YES NO PROFILE DESCRIPTION Depth Horizon Matrix Color (inches) (Munscll Moist) Mottle Colors (Munscll Moist) Mottle Texture, Concretions, Abundance /Contrast Structure, etc. 0 -8 A 10YR5 /3 Loamy sand 8 -15 B 10YR7 /8 10YR5 /3 & 5YR5/5 Few faint & Few prominent Loamy sand HYDRIC SOIL INDICATORS-- ----- ---- -- - - - - -- _._..._ -_ - -- -- [ ] I- listosol ] Histic Epipedon Sulfidic Odor [ ] Aquic Moisture Regime [ ] Reducing Conditions [ ] Gleyed or Low- Chroma Colors [ ] Concretions ] High Organic Content in Surface Layer in Sandy Soils [ ] Organic Streaking in Sandy Soils Listed on Local Hydric Soils List [ ] Listed on National Hydric Soils List [ ] Other (Explain in Remarks) _ Remarks: No Hydric indicators _ WETLAND DETERMINATION Appendix C — Project Plan Sheets �w ;I g \ % l •� r z o c� 5 m 3 w m 5 0 w 3 w m 3 4 0 n m m z v 2 LIOp� � E OaE �O° � ° t✓ ti3 3 s NFy .z'm .'z �3n 3 O m 3 3 o�bC 200�n 'L' OON> -Nam IMF =aa mny