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Home My WebLink About20210467 Ver 1_Mitigation Plan-Draft-red_20211017ID#* 20210467 Select Reviewer: Erin Davis Initial Review Completed Date 10/18/2021 Mitigation Project Submittal - 10/17/2021 Version* 1 Is this a Prospectus, Technical Proposal or a New Site?* Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Scott Frederick Project Information ID#:* 20210467 Existing ID# Project Type: DMS • Mitigation Bank Project Name: Auctioneer Forest Mitigation Site County: Wayne Document Information O Yes O No Email Address:* sjfrederick@swegrp.com Version:* 1 Existing Version Mitigation Document Type:* Mitigation Plans File Upload: 210910-SAW 2020-01752 Auctioneer Forest 11.04MB Mitigation Plan-Draft-red.pdf Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name: * Scott Frederick Signature: ecolerra. Presented to: North Carolina Interagency Review Team Eco Terra Neuse 01 Umbrella Mitigation Bank Auctioneer Forest Mitigation Site Draft Mitigation Plan Wayne County, North Carolina Neuse River Basin HUC 03020201 35.271772,-78.262661 SAW-2020-01752 DWR#20210467v1 Sponsor: Eco Terra Partners, LLC July 2021 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site This page has been intentionally left blank \0i ecortarra Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Table of Contents EXECUTIVE SUMMARY....................................................................................................................................1 1.0 INTRODUCTION.............................................................................................................................................. 2 2.0 WATERSHED APPROACH AND SITE SELECTION........................................................................................ 3 3.0 EXISTING CONDITIONS........................................................................................................................... 3 3.1 WATERSHED CHARACTERIZATION...................................................................................................................... 3 3.2 SOILS AND GEOLOGY.......................................................................................................................................4 3.3 VEGETATION.................................................................................................................................................. 5 3.4 SITE CONSTRAINTS.......................................................................................................................................... 5 3.5 SITE RESOURCES (JURISDICTIONAL WETLANDS AND STREAMS)................................................................................ 5 3.6 LANDSCAPE CHARACTERISTICS........................................................................................................................... 6 3.7 LAND USE/LAND COVER.................................................................................................................................. 6 4.0 FUNCTIONAL UPLIFT............................................................................................................................... 7 4.1 WETLAND FUNCTIONAL UPLIFT POTENTIAL......................................................................................................... 7 4.2 HYDROLOGY.................................................................................................................................................. 8 4.3 BIOLOGY.......................................................................................................................................................8 4.4 PHYSICOCHEMICAL.......................................................................................................................................... 9 4.5 OVERALL FUNCTIONAL UPLIFT POTENTIAL........................................................................................................... 9 4.6 SITE CONSTRAINTS TO FUNCTIONAL UPLIFT......................................................................................................... 9 5.0 REGULATORY CONSIDERATIONS.............................................................................................................9 5.1 THREATENED AND ENDANGERED SPECIES............................................................................................................ 9 5.2 CULTURAL RESOURCES.................................................................................................................................. 10 5.3 FEMA FLOODPLAIN COMPLIANCE AND HYDROLOGIC TRESPASS............................................................................ 10 5.4 AIRPORTS................................................................................................................................................... 10 5.5 ADJACENT AND PROXIMAL PLANNING ELEMENTS................................................................................................ 11 5.6 401/404 AND OTHER ENVIRONMENTAL CONSIDERATIONS .................................................................................. 11 6.0 GOALS AND OBJECTIVES.......................................................................................................................11 7.0 DESIGN AND IMPLEMENTATION PLAN..................................................................................................13 7.1 PARCEL PREPARATION................................................................................................................................... 13 7.2 WETLAND RESTORATION APPROACH................................................................................................................ 13 7.3 HYDRIC SOILS INVESTIGATION......................................................................................................................... 14 7.4 HYDROLOGIC MONITORING AND BASELINE EVALUATION...................................................................................... 14 7.5 REFERENCE WETLAND................................................................................................................................... 15 7.6 VEGETATION COMMUNITY PLANTING PLAN....................................................................................................... 16 7.7 RISK ASSESSMENT........................................................................................................................................ 17 8.0 PERFORMANCE STANDARDS................................................................................................................17 8.1 VEGETATION................................................................................................................................................ 18 8.2 HYDROLOGY................................................................................................................................................ 18 8.3 VISUAL ASSESSMENTS................................................................................................................................... 19 9.0 MONITORING PLAN..............................................................................................................................19 9.1 MONITORING COMPONENTS.......................................................................................................................... 20 10.0 BANK SITE ESTABLISHMENT AND OPERATION...................................................................................... 21 10.1 CURRENT OWNERSHIP................................................................................................................................... 22 10.2 LONG-TERM STEWARDSHIP............................................................................................................................ 22 `/� I � ecolerrG, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site 10.3 ASSURANCE OF WATER RIGHTS....................................................................................................................... 24 11.0 ADAPTIVE MANAGEMENT....................................................................................................................24 12.0 DETERMINATION OF CREDITS............................................................................................................... 25 12.1 PROPOSED CREDIT RELEASE SCHEDULE............................................................................................................. 25 13.0 REFERENCES......................................................................................................................................... 26 Tables Table 1. Project Attributes Table 2. Site Soils Table 3. Proposed Ecological Uplift Table 4. Federally Listed Species Potentially Occurring in Wayne County Table 5. Goals and Objectives Table 6. Proposed Mitigation Credits Table 7. Existing Shallow Groundwater Monitoring Gauge Data Table 8. Conceptual Planting Plan Table 9. Monitoring Plan Table 10. Monitoring Components Table 11. Proposed Project Timeline Table 12. Current Ownership and Long -Term Protection Table 13. Adjacent Landowners Table 14. Project Assets Table 15. Proposed Wetland Credit Release Schedule Table 16. Financial Assurances Figures Figure 1. Vicinity Map Figure 2. Existing Conditions Figure 3a. LIDAR Map Figure 3b. Drone Deploy Map Figure 4. Historic 1993 Aerial Map Figure 5. Watershed Planning Map Figure 6. Proposed Service Area Map Figure 7. Soil Survey Map Figure 8. Ditch Network Map Figure 9. Cultural Resources Map Figure 10. Planning Elements Map Figure 11. Monitoring Components Map Figure 12. Conceptual Plan View `ox CCOlerrCl, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Appendices Appendix A. Wetland Gauge Data Appendix B. USACE Wetland Forms, DWR Stream Form, and Jurisdictional Determination Appendix C. Regulatory Correspondence (USACE, USFWS, EPA, SHPO) Appendix D. NCLSS Soil Borings Appendix E. Memo of Purchase and Sale Agreement Appendix F. Financial Assurances Appendix G . Preliminary Site Plan Appendix H. Draft Conservation Easement Appendix I. IRT Meeting Minutes /Initial Evaluation Letter Response `,*- eco errG, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site This page has been intentionally left blank '\#/ eco, terra® Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Executive Summary Eco Terra Partners, LLC (Eco Terra) respectfully presents this Mitigation Plan to provide private commercial riparian wetland mitigation credits in the Neuse River Basin Cataloging Unit (CU) 03020201. Eco Terra has entered into a contract to purchase a 15.9-acre conservation easement that would comprise the Auctioneer Forest Mitigation Site hereinafter referred to as "the Site" or "AFMS" located in Wayne County, approximately 6.3 miles northeast of Newton Grove off S Jordan Church Road (35.271772,-78.262661) (Figure 1). The Auctioneer Forest Mitigation Site is within Hydrologic Units 03020201170010 in the Neuse River Basin and is a bank parcel within the proposed Eco Terra NU01 Umbrella Mitigation Bank, herein referred to as "Bank." The Site will include the restoration of degraded riparian wetlands in the Neuse River Basin connecting a larger forested wetland and riparian corridor along Falling Creek. The Neuse River is defined as Class C, NSW according the NC Department of Environmental Quality (DEQ). The Auctioneer Forest Mitigation Site will provide both ecological and water quality benefits within the Neuse River Basin by achieving overarching goals of the CU according to the NC Division of Mitigation Service's (NCDMS) 2018 Neuse River Basin Restoration Priorities (RBRP) document. Goals specific to this Site include promoting nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers. Although many of these benefits are limited to the actual Site location, others, such as sediment and pollutant removal and improved wildlife habitats, have larger overall effects. Site components include: • Reestablishment of headwater wetlands associated with an unnamed tributary (UT) to Falling Creek • Restoration of native vegetation communities and headwater wetland habitat for wildlife • Remove cattle and wastewater land application from restored wetlands and buffer areas • Reduction of nutrient, sediment, and fecal coliform to the wetlands and tributary to Falling Creek • Removal of invasive species, as necessary, throughout the project area The Site will result in substantial ecological improvements including but not limited to terrestrial and aquatic habitat improvements, hydrological uplift, and overall protection of a continuous forested riparian wetland corridor in perpetuity. Site implementation will include filling and plugging existing drainage ditches and/or destroying and removing drain tiles, minor site grading, restoring wetland hydrology, planting site -specific hardwood trees and shrubs, permanent seeding with herbaceous mixes, treating invasive plant species (as necessary), and reconnecting restored headwater wetlands to a functioning stream and wetland corridor. The specific tree species chosen will depend on availability at the time of planting and will be detailed in the Mitigation Plan. The restored riparian wetland areas will be protected with a conservation easement in perpetuity. Preliminary mitigation estimates suggest that the AFMS will produce 14.23 Wetland Mitigation Units in the Neuse River Basin CU 03020201. �\�/ ocor terra. Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 1 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site 1.0 Introduction The Auctioneer Forest Mitigation Site is located in Wayne County, approximately 6.3 mi northeast of Newton Grove (Figure 1). The Site is located on one parcel controlled by Ben R Dunn (PIN: 2525261229) (35.271772,-78.262661) and is part of the proposed Eco Terra NU01 Umbrella Mitigation Bank, herein referred to as "Bank." The Site includes wetland re- establishment of a headwater forest riparian wetland system in the Neuse River Hydrologic Unit Code (HUC) 03020201 and NC Division of Water Resources (DWR) Subbasin 03-04-04. The Site is located within 14-digit HUC 03020201170010. Additional goals include land use conversion to a natural, native ecosystem, the promotion of water infiltration and retention on -site, and reduction of both nutrient and sediment runoff from the existing cattle operation as well as the direct land application of agricultural byproducts and wastewater from the hog operation. These goals and objectives are consistent with the NC Division of Mitigation Services 2018 RBRP document and will directly address multiple stressors and make a positive contribution to overall water quality issues in the basin. By combating these issues at their sources and within headwater areas, maximum ecological uplift can be achieved. Specifically, by removing cattle and ceasing wastewater land application, fecal coliform from the cattle and hog operations will be reduced, filtered and sequestered, thus reducing nutrients reaching the 303(d) listed segment of Falling Creek 5.5 miles downstream. The goals and objectives of the Site are defined in Table 5. The project proposes to restore and re-establish 14.23-acres of historically disturbed wetlands within a 15.9-acre conservation easement. The Site Protection Instrument detailing the conservation easement is included in Section 10.2. General Project information is included below in Table 1. Table 1: Project Attri,butes Project Name County River Basin USGS HUC (8-digit, 14-digit) NCDWR Sub -basin Physiographic Province Ecoregion Project Area and Planted Acrea Project Coordinates WMU (RNR)* * WMU = wetland mitigation unit, RNR = riparian, non-riverine Auctioneer Forest Mitigation Site Wayne Neuse 03020201,03020201170010 03-04-04 Coastal Plain Southeastern Plains (Rolling Coastal Plain) EPA Level III 15.9 35.271772,-78.262661 14.23 eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 2 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site 2.0 Watershed Approach and Site Selection Implementation feasibility was determined through preliminary on -site surveys of historical headwater wetland areas, soils, site hydrology, adjacent land ownership, stream determinations, existing vegetation, current land use, and drainage networks. Site investigations and desktop mapping reveal an appropriate area suitable for headwater riparian wetland restoration including landscape position, presence of hydric soils that are adequately drained to support forage crop vegetation, and proximity to a natural topographic crenulation determined to contain a stream by NCDWR staff (October 7cn 2020) (Appendix B). The site was also chosen relative to the West view of UT to Falling Creek near origin determined by NCDWR staff October 2020. proximity of adjacent forested habitats and stream corridor connecting Falling Creek as well as the ability to restore and protect a headwater system entirely and support overarching goals for the Neuse River RBRP. Restoration of the Site will directly and indirectly address stressors identified in the RBRP and downstream 303(d) waters by excluding livestock and ceasing wastewater land application activities, restoring vegetation plant communities, and restoring site hydrology. No site constraints such as drainage flow patterns affecting adjacent landowners from the proposed restoration work is anticipated. 3.0 Existing Conditions The Site is located in the southern extent of the Neuse 03020201 subbasin within the Falling Creek watershed. The project area is situated in the southwestern corner of the property parcel in an agricultural pasture, connected to abutting mature upland and wetland forest, and bounded by a substantial ditch network. The following sections describe the existing conditions and characteristics of the Site and its watershed. 3.1 Watershed Characterization The Site is located in HUC 03020201170010 and will include the restoration of a forested riparian wetland headwater system within the Falling Creek watershed and the greater Neuse River watershed. The watershed consists of a mixture of forest land and agriculture, both row crops and permitted animal operations. This portion of Wayne County remains mostly undeveloped aside from the areas in and surrounding Newton Grove. Land use in the surrounding area to the Site is primarily agriculture/pasture, silviculture, and single-family residential. CCOlerra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 3 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site According to the Neuse RBRP, as of 2010 land use/land cover for HUC 03020201 included approximately 35.05% Forest, 24.07% Planted/Cultivated, 20.22% Developed, 9% Wetlands, 5.76% Herbaceous, 3.82% Shrubland, 1.74% water, and 0.36% Barren. Animal operations permitted in the HUC include dozens of cattle and swine operations. The County's population increased 0.4% since the 2010 census (U.S Census Bureau, 2020). 3.2 Soils and Geology The Site is located in a relatively flat floodplain area underlain by Woodington (formerly Weston) sandy loam series soils with adjacent upland soils such as Kenansville loamy sand and Dragston loamy sand. Dragston is known to have inclusions of both Portsmouth and Nimmo hydric soils. Soils bordering the restoration area to the east and arcing to the north are most similar to the Kenansville loamy sand series. The Woodington series is a hydric soil according to the National Hydric Soil List (NRCS, 1995). Overall, the Site is flat to gently sloping (0-2%) west/northwest toward the perimeter ditch and forested wetland corridor to the west of the parcel. Some subsurface hydrology flows south toward the perimeter ditch as well. The soils at the Site are briefly summarized in Table 2 and • . , Woodington soils exhibit deep profiles, are poorly drained, have slow runoff, and moderately rapid permeability. This soil is found in flats and depressions along interstream divides and marine terraces in the Coastal Plain and formed from loamy marine deposits. The water table in an undrained Woodington soil is found from the surface to a depth of 12 inches for five to six months of the year. Geologically, the Bank Site is located in the Coastal Plain Physiographic Region and Typical Woodington (Weston) hydric sods within the Southeastern Plains (Rolling Coastal Plain) EPA proposed Auctioneer Forest Mitigation Site to Wayne Level III ecoregion. This region has experienced County, NC. numerous cycles of erosion and deposition, exposing and submerging uplifted Quaternary clay, silt, sand, and gravel deposited over Tertiary sand and carbonates. These processes along with sea level changes over time have resulted in terraces forming along streams and rivers eroding through younger deposits. eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 4 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Table 2 Site Soils Woodington sandy We* Yes A/D 100% loam (formerly Weston) Kenansville loamy Ke No A 100% sand (Endoaquults) National Hydric Soils List MRCS, 1995 and North Carolina Hydric Soils List for Wayne County, MRCS. # Hydrologic Soil Group HSG - Indicator of decreasing runoff potential at soil saturation from A through D (NRCS, 2009). Example, a 'B/D"indicates a drained/un-drained soil condition distinction if present on site. "USDA-NRCS Web Soil Survey The presence of hydric soils was confirmed by a North Carolina licensed soil scientist (NCLSS) and Eco Terra staff on July 31, 2020. Details regarding this soils investigation and how it relates to the wetland restoration design are detailed in Section 7.0. 3.3 Vegetation The dominant vegetation found throughout the wetland re-establishment area are forage grasses and upland herbaceous vegetation such as Bermudagrass (Cynodon dactylon) and perennial rye grass (Lolium perenne). Some examples of hydrophytic vegetation occur such as common rush (Juncus effuses) near the interior and perimeter drainage ditches and flat sedge (Carexspp.), and tall buttercup (Ranunculus acr&) within the pasture area. All vegetation is periodically mowed, grazed, aerated, and seeded with additional forage grasses such as tall fescue (Festuca arundinacea) and foxtail millet (Setaria italica) annually. Upland forage grasses exist exclusively on the upland rim surrounding the wetland re-establishment area. 3.4 Site Constraints The area designated for wetland re-establishment is utilized for land application of wastewater under Permit # AWS960014 for the Certified Animal Feeding Operation (CAFO) permit with the Division of Water Resources, for the Sandy Ridge Farm (Facility #96-014). This permit includes a Waste Utilization Plan, which shows all the proposed wetland re-establishment area is being used to comply with his permit for land applying his hog waste (sludge &/or liquid waste). The current permit indicates the area in use is greater than the area required for waste utilization. The permit is up for renewal in the near future and available acreage will be modified to remove the proposed project area from potential land application use. No other site constraints exist on the proposed project area. 3.5 Site Resources (Jurisdictional Wetlands and Streams) No jurisdictional waters exist within the project area. Ajurisdictional stream occurs outside of the project easement draining the proposed headwater forest wetland Site and was determined at least intermittent by NCDWR staff (October 7, 2020). The Site will remain jurisdictional following construction and not become isolated. eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 5 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site 3.6 Landscape Characteristics The Site is located within one parcel (— 102.48 ac) that is currently in active livestock rotation and wastewater land application for hog production (Figure 2). The Site can be accessec via S Jordan Chapel Rd (35.271772,-78.262661) through control points within fenced livestock areas. The grazed areas have been heavily disturbed and managed to allow livestock rotation along with ditches and drain tiles that modify Site hydrology to decrease the water table. The ditch/drain tile/swale network effectively drains the historical wetland areas within the headwater system and intercepts a ditch system draining to a UT of Falling Creek. crop agriculture across the entire proposed wetland restoration area. A mature wetland forest buffer exists surrounding the Site to the west. Periodic sediment and nutrient -laden runoff is entering the ditch system from these areas on an annual basis. The historic wetland area in the field was in pasture forage grasses such as Coastal Bermuda Grass this past growing season. The Site drains directly into Falling Creek to the north and its associated forested wetlands. These areas together combined with the proposed Site will result in an expanded forested wildlife habitat corridor along the floodplain and headwaters of Falling Creek. Facing west across pasture and restoration area within the proposed Auctioneer Forest Mitigation Site in Wayne County, NC. Vegetation has been converted to pasture forage Facing west at north end of project showing existing cattle feeding area and associated nutrient sources within the proposed Auctioneer Forest Mitigation Site in Wayne County, NC. Historical aerials denote that land uses at the Site have been agriculture since at least 1993 (Figure 4). Drone Deploy elevation mapping and NC Floodplain LIDAR data shows the Site topography slopes in a general west/northwest direction, connecting this area to a ditch and headwater receiving stream to Falling Creek (Figure 3a and Figure 3b). 3.7 Land Use/Land Cover eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 6 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Land use within the vicinity of the project is predominantly managed pasture with areas of mature and regenerating forest surrounding the western and southern boundaries. As previously mentioned, the Site has been ditched/ drained and in active pasture agriculture since at least 1985 (historic aerial) and much longer according to verbal records from the current landowner. The landowner has verified the site is drained by a large perimeter ditch to the south as well as a shallower central ditch/tile system. This central drainage system is 2-3 ft wide and 1-2 ft deep and extends and drains from the east to the west and exits into the perimeter ditch forming the headwaters of the UT to Falling Creek. The main perimeter ditch is large and approximately 10-12 ft wide and 3-4 ft deep on the south side and 6- 8 ft wide and 2-3 ft deep on the west side, capturing onsite hydrology as well as some parking lot runoff from the fire station located to the southeast along South Jordan Chapel Road (Figure 2). There were some pockets of standing water across the site during the December 2020 IRT site visit. 4.0 Functional Uplift 4.1 Wetland Functional Uplift Potential South view of perimeter drainage network. The AFMS project addresses dysfunctional wetlands located in the headwater region of a small blackwater stream entering Falling Creek. The existing degraded area proposed for wetland re- establishment does not provide ecological functions due to past disturbances from livestock and management, land clearing and grading, surface water conveyances and groundwater lowering ditches, and periodic agricultural wastewater and biosolids application. Filling and plugging perimeter and interior ditches within the wetland restoration area will increase groundwater hydrology, surface water retention time, and headwater forest wetland hydrologic regime functions. These functions include increased water storage in the soil profile, groundwater recharge, and water quality treatment through nutrient sequestration and den itrification. Restoring headwater forest vegetation communities with native species will increase wetland forest community functions over time. These functions include increased aquatic and terrestrial habitat, soil health, as well as nutrient and carbon cycling. Removal of livestock and other agricultural byproducts from the proposed wetland area will help reduce fecal coliform, sediment, and nutrient inputs leaving the Site and entering Falling Creek and ultimately the eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 7 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Neuse River. By protecting the property in perpetuity, restoration efforts and functional uplift will be maximized. The proposed restoration area will be planted at a density suitable to meet requirements for wetland mitigation. The Site will address multiple goals set forth in the Neuse River RBRP. Table 3 summarizes the proposed ecological uplift provided by the Site. iaDle J: I-roposed tcoiogicai upiitt r Filling and Plugging Ditches Wetland Restoration Plant native wetland Wetland Restoration vegetation Recording a conservation Preserve Site in perpetuity easement. 4.2 Hydrology Improve water quality by increasing the retention time on-stie for the filtering of sediment and fecal coliform, and sequestering of nutrients. Restore site hydrology. Improve terrestrial and aquatic habitats by restoring native hardwood trees. Improve water quality with sequestering nutrients and fecal coliform from cattle and wastewater land application. Improve water quality by permanently protecting the Site, restricting the application of fertilizers and wastewater on the property, and preventing tillage of the land. Improve habitat connectivity. Historic Site hydrology has been modified through land conversion, livestock and agricultural activities, and site grading and ditching to convey surface water off site and lower groundwater levels. Hydrology modifications such as those found at the Site typically result in reduced shallow groundwater levels, Site water retention, as well as increased evapotranspiration, leading to faster surface runoff and decreased water storage in surface soil horizons. Both situations result in increased peak flows and base flows in adjacent receiving streams, in this case the UT to Falling Creek connecting the proposed headwater forest wetland restoration. Reduced shallow groundwater levels and Site storage also results in increased organic matter oxidation and soil surface subsidence, decreased nutrient cycling, and sequestration. Site hydrology uplift is isolated to the headwater forest and associated stream, which will be protected through the conservation easement and continued adjacent forestry land uses. Hydrological uplift will be documented with shallow groundwater gauges before and after construction. 4.3 Biology Existing terrestrial habitat is livestock -managed forage grass communities interspersed with hydrophytic vegetation, indicating a highly disturbed site. No data exists on present biological communities and any native vegetation planted will substantially improve the habitat complex eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 8 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site servicing the headwater forest wetland. Aquatic species habitat will also form in micro - topographies and help improve these species diversity. It is likely measurable uplift and improvements will not occur until after the monitoring period and following close-out of the project. However, increased fauna abundance may be noted during semi-annual Site inspections and annual Site monitoring as the planted vegetation matures and habitat increases. 4.4 Physicochemical The 2018 Neuse RBRP identifies nutrient and sediment impairments on waterways within the 6- digit HUC as a current basin stressor. No water quality monitoring is proposed at the confluence of the restored wetland and connecting UT to Falling Creek. And, no water quality monitoring exists within this subwatershed to document physicochemical uplift. By removing cattle and stopping agricultural byproduct inputs, physicochemical function uplift is very likely for surface and shallow groundwater baseflow within and leaving the restored wetland. These improvements are isolated to the waters entering and leaving the headwater forest wetland system and will occur over an extended period of time exceeding the monitoring period of the project. Similar restoration projects have visually demonstrated signs of improved soil health including relative compaction, tilth, and accumulated organic matter. These observations will be noted during semi-annual and annual Site inspections and monitoring. 4.5 Overall Functional Uplift Potential The Site has potential for functional uplift through the proposed restoration work. Uplift is anticipated from headwater forest wetland re-establishment as noted previously. Hydrological, biological, and physicochemical improvements are likely as a result of this project. No baseline condition classification methodology is available to document uplift and many functions are restored slowly following construction and post close-out of the project. 4.6 Site Constraints to Functional Uplift No Site constraints exist or are anticipated in the future to achieving functional uplift to the wetlands. Hydrology inputs from the adjacent fire station impervious surfaces may be routed toward S Jordan Church Road and away from the restoration site. There are no other known Site constraints that will affect the functional uplift of the project. 5.0 Regulatory Considerations 5.1 Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) identifies four federally threatened or endangered species under the Endangered Species Act as potentially occurring in Wayne County. One species is protected under the Bald and Golden Eagle Protection Act (Table 4). A review of the NC Natural Heritage Program (NCNHP) data dated January 2021, identified no known occurrences of federally listed species within one mile of the Site. CCOlerra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 9 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Table 4: Federally Listed Species Potentially Occurrina in Wavne Countv Scientific Name Haliaeetus leucocephalus Common Name Bald Eagle FederalSuitable BGPA Habitat N Norurus furiosus Carolina Madtom ARS N Necturus lewisi Neuse River waterdog ARS N Picoides borealis Red -cockaded woodpecker E N Heterodon simus Southern hognose snake ARS Y Fusconaia masoni Atlantic pigtoe ARS N Alasmidonta heterodon Dwarf wedgemussel E N Parvaspina steinstansana Elliptio lanceolata Tar River spinymussel E N Yellow lance T N * E - Endangered, T - Threatened, T(S/A) - Threatened due to similarity of appearance, ARS - At Risk Species, BGPA - Bald and Golden Eagle Protection Act 5.2 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. 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 Site. According to the database, there are 4 known cultural resource within one mile of the Site area (Figure 9). No known historic resources are identified within the Site proper. SHPO correspondence is included in Appendix C 5.3 FEMA Floodplain Compliance and Hydrologic Trespass The Site is not located within a 100-year floodplain. Hydrologic trespass is not anticipated due to inherent soils, landscape position, and alternative drainage for adjacent landowner forested wetlands to the west of the project. Filling and plugging the perimeter ditch to the west will not back water up laterally as the natural drainage feature and topographic crenulation down gradient and draining the site currently will remain. There are no other known constraints within the Site. 5.4 Airports There is one airport (Cox -Grantham Airfield) within a five -mile radius of the Site (Figure 10). It is located 4.8 miles to the northeast. The Site is adjacent to a major wetland system. The marginal increase in waterfowl habitat due to the Site will be inconsequential relative to the larger adjacent wetland and river corridor complex. eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 10 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site 5.5 Adjacent and Proximal Planning Elements The NCNHP identifies 10 natural heritage and/or managed areas within a five -mile radius of the Site (Figure 10). These areas are generally located to the north of the Site near the edge of the 5-mile radius. The chief areas include the Camp Tuscarora Sandhills natural area, the Bentonville Battlefield State Historic Site, and small tracks included in the Conservation Reserve Enhancement Easement Program. 5.6 401/404 and Other Environmental Considerations No jurisdictional wetlands occur within the project area as identified by field staff and a North Carolina Licensed Soil Scientist on July 31, 2020. Wetland determination forms are included in Appendix B. During construction, temporary fencing will be installed to prevent incidental placement of material moved into jurisdictional wetlands off property and the project Site during filling of perimeter ditches. Temporary and permanent fencing will be denoted in the Final Mitigation Plan Site Plan sheets. No other environmental considerations are relevant to the project implementation or long-term protection. 6.0 Goals and Objectives The purpose of the AFMS is to establishment of a compensatory Umbrella Mitigation Bank (UMB) in the Neuse River Basin (HUC 03020201) to generate in -kind mitigation credits that may be used to provide compensatory mitigation for unavoidable impacts to wetlands associated with Department of the Army permit authorizations pursuant to Section 404 of the Clean Water Act (Figures 5 and 6). The AFMS will provide mitigation for unavoidable losses of jurisdictional wetlands through effective uplift measures. Restoration activities will focus on improving water quality, restoring aquatic and terrestrial habitats, and providing nature with a "head -start" to overcome the previous and on -going impacts from land use conversion and site disturbance. The goals and objectives of the Site are defined in Table 5. CCOlerra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 11 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Table 5.- Goals and Objectives wetland. Cattle will be A h remove rom t e Site area, Exclude Improve Water Quality livestock from reducing fecal coliform and through Nutrient & Biological, Physicochemical other nutrient inputs. Native ' wetlands Sediment Reduction Restore Hydrology and Wetland Function Improve terrestrial / wildlife habitat vegetation will be established and secure soil in place, reducing wind and runoff erosion, and improving soil health and nutrient cycling. ' Drainage ditches will be filled Increase hydrology and and plugged and drain tiles shallower water table Hydrological, Physicochemical, removed or destroyed to during the early growing Biological restore site hydrology. ' season (12%) The property will no longer be kept in a state of cleared land for cattle and agricultural byproducts land application. Increase native wetland tree species quantity and diversity and associated wildlife habitats. Biological, Physicochemical Improve The restoration Site sits Increase habitat connectivity from habitat adjacent to a forested corridor headwater forest Biological, Physicochemical connectivity containing a UT of Falling Creek 2 wetland to UT to Falling g Creek riparian corridor. Increase native wetland tree species quantity and Restore native Plant native tree, shrub, and diversity. Increase wetland understory species in nutrient cycling and Hydrological, hydraulic, proposed wetland re- headwater wetland physiochemical, Biological vegetation establishment areas water storage, decreasing peak runoff volumes in streams. Protect Site from future Protect Site A permanent Conservation impacts and against future Easement will be recorded to encroachment and direct Hydrological, Physicochemical, threats protect the Site inperpetuity.2 p impacts to wetlands. Biological Support all wetland functions in Deroetuity. 'Addresses goal of the 6-digit HUC 030202 in the RBRP 2Addresses goal of the 8-digit HUC 03020201 in the RBRP Site implementation will help address the overarching CU need for wetland restoration, contribute to reduced nutrient inputs and improved water quality, and protect and preserve eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 12 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site conservation lands in perpetuity. 7.0 Design and Implementation Plan The proposed wetland mitigation work will be accomplished to achieve functional uplift relative to existing Site conditions. Proposed wetland work is shown in Figure 12. Headwater riparian wetlands will be re-established by filling and plugging agricultural ditches to provide hydrologic uplift and establishing native riparian wetland community vegetation to provide vegetation uplift. Disturbed and degraded hydric soils present will be restored by promoting hydric soil formation with increased hydrology, site roughness development, and field crown and residual spoil area removal and grading, providing additional wetland functional uplift. Livestock will be excluded from the entire project area including feeding and lounging areas, and access to surface waters for drinking. The Site will be protected in perpetuity by a conservation easement and maintained by a dedicated land steward. 7.1 Parcel Preparation The land proposed for wetland restoration is currently in livestock and agricultural management. Only the planting rows will be ripped to improve soil compaction prior to planting in the wetland 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. The site will be graded according to the proposed grading plan and sediment and erosion control measures will be used will be used according to State and local permits to prevent sediment from entering surface waters during a rain event. 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. An aquatic safe herbicide will be used in appropriate areas for control of herbaceous competition and non- native invasive plant species. In the event that drain tiles are found during construction, they will be noted and removed. 7.2 Wetland Restoration Approach The Bank Site proposes to restore at most 14.23 acres of headwater riparian wetlands for a total of 14.23 WMUs (Figure 12). The Bank Site will restore wetland hydrology and establish native hardwood trees throughout the restored areas. The credit calculation is stated below (Table 6). Table 6.- Proposed Mitigation Credits WMU = Wetland Mitigation Unit CCOlerra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 13 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site The Headwater Forest (NCWAM), or Atlantic Coastal Plain Blackwater Stream Floodplain Forest, Cypress -Gum Swamp (Blackwater Subtype) (Schafale, M.P., 2012) wetland will be restored through re-establishment in areas where the hydrology is negatively impacted by drainage ditches, tile drains, and past site and soil disturbances. The main perimeter ditch and central ditch/drain tile draining historic depressional riparian wetlands will be plugged (100 ft min.) or filled at various locations to increase the time water remains onsite (Figure 8). As discussed previously, no hydrologic trespass is anticipated on adjacent parcels with the proposed wetland restoration activities and design due to adjacent and abutting soils, and Bank Site landscape position. Minor grading, less than six inches will occur between the ditches to remove any field crowns, compacted soils, swales, and highly disturbed areas from past agricultural activities that are shown during a detailed topographic survey. Additional deeper (6-12 in) grading is required to fill the main perimeter ditch, promote micro site topography to increase depressional storage through vernal pool construction (0-6 in), and to ensure success of the wetland restoration (Appendix G). In areas with heavy livestock compaction, the underlying soils may be ripped to facilitation increased infiltration. Sediment and erosion control measures will be used to prevent sediment from entering surface waters and appropriate local and State Land Quality permits will be obtained prior to construction. 7.3 Hydric Soils Investigation Initial soils investigation work utilized online resources from the Natural Resources and Conservation Service (NRCS) web soil mapping. Soils within the wetland restoration areas are mapped as Woodington sandy loam (formerly Weston) series soil (Figure 7). These soils are identified as hydric soils in North Carolina and listed in Wayne County as soils meeting hydric Criteria 2. Online mapping was confirmed with a NC licensed soil scientist (NCLSS). A series of soil borings were accomplished across the site and soil descriptions were completed on representative samples. Hydric soil indicators were used in accordance with the manual Field /ndicators of HydricSoi15 in the United States, 2018, USDA Natural Resources Conservation Service. Hydric indicators utilized on this site for soils investigated met the F13 — Umbric Surface hydric soils indicator. Soils mapped within the proposed restoration area have dark colored soil ten or more inches thick with a matrix of 3 or less and chroma 1 or less in the upper six inches and in which the lower four inches has the same colors or any other color with chroma 2 or less within the soil profile. Soils mapped within the proposed restoration area are hydric and are further describe in the representative soil borings. (Appendix D). 7.4 Hydrologic Monitoring and Baseline Evaluation Three shallow groundwater gauges were installed in a transect to evaluate the existing baseline hydrologic conditions of the Site (Figure 11). These gauges were placed in areas so they could remain throughout Site construction and monitoring phases. Groundwater Gauge 1 was placed on the edge of the wetland ,closest to the main perimeter ditch, groundwater Gauge 2 was placed in the middle, lowest elevation area of the project, and groundwater Gauge 3 was placed on the most extant edge of the project credit area proposed. Groundwater gauges collected eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 14 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site data at the Site between February 22, 2021 and May 27, 2021. The defined growing season based on the Wayne County, NC WETS table for 50% probability of soil temperatures greater than 28 degrees Fahrenheit is March 16th to November 22nd representing a 251-day growing season. The Woodington series soil has a hydroperiod of 10-12% (Typic Paleaquults), which is most similar to Rains (Typic Paleaquults) series soils found in Table 1 in the Wilmington District Stream and Wetland Compensatory Mitigation Update (2016). Based on the defined growing season outlined above, wetland saturation thresholds for the project should range between 25 and 30 consecutive days of inundation within the defined growing season at the Site to provide minimum hydrology for adequate wetland processes to occur. An analysis of the gauges representing baseline conditions during the early growing season indicate the Site is not meeting the hydrologic regime required for wetland processes and functions to occur. Gauge data is present in Table 7 below and plotted graphs are presented in Appendix A. fable 7.- Existing Shallow Groundwater Monitoring Gauge Dal. 12 1 5% 1 2/22/21 to 5/27/21 Re-establishment 13 1 5% 1 2/22/21 to 5/27/21 Re-establishment 4% 1 2/22/21 to 5/27/21 1 Re-establishment' 1 Groundwater gauges 1 and 3 are located near the boundary of the wetland re-establishment area. The proposed wetland re-establishment boundary is based on field indicators and hydrology data that supports that proposed areas will meet minimum saturation thresholds. Locations of proposed groundwater gauges for post construction monitoring were chosen so that data can be compared between existing and proposed groundwater gauges and confirm general hydrologic uplift at the Site. The existing gauge data, along with the absence of jurisdictional wetlands, and NCLSS investigation ,provides support that if drainage effects on the Site are removed, proposed wetland areas will meet minimum required hydrology standards. The on -site soils exhibit indicators of hydric soils and the proposed increase in hydroperiod will provide similar conditions to those associated with hydric soil formation. 7.5 Reference Wetland A reference wetland located west of the project on an adjacent parcel contains similar vegetation community species, soil series, and within a landscape position as proposed for the restoration area. This reference vegetation composition and development serves as a model for eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 15 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site the restoration plant community. Shallow groundwater gauge data will be compared to on -site baseline groundwater gauges installed February 2021 and proposed gauges for the project monitoring period. The reference wetland gauge will be compared to Site hydrology conditions and relative to the proposed hydrologic regime and performance standards. 7.6 Vegetation Community Planting Plan The area will be planted with native hardwood trees to promote the growth of vegetation typically found in an Atlantic Coastal Plain Blackwater Stream Floodplain Forest (Zone1), Cypress -Gum Swamp (Blackwater Subtype (Zone2)), and Carolina Bay sand rim (Zone 3) (Table 8). Zone 3 will be outside of the wetland credit area. Actual species composition will be based on availability, cost, and quantities. Planting will occur during the dormant season between November 15 and March 15 unless weather patterns or unforeseen circumstances require a later planting date. Table 8- Conceptual Planting Plan Nyssabiflora Swamp blackgum Canopy 1j JLDBL Taxodium distichum Bald Cypress Canopy 1/2 OBL [Nyssaaquatica 19swamptupelo Canopy Canopy 3 Pinuspalustris Longleaf pine FAC (upland ridge) Quercus lyra ta Overcup oak Canopy 1 Quercus michauxii Swamp chestnut Canopy 1 FACW oak Canopy (wetland and 1/3 Quercusnigra Water oak upland ridge) _W Quercusphellos Willow oak Canopy (wetland and 1/3 FACW upland ridge) /lexglabra Inkberry Understory 1 FACW a nolia vir iniana Sweetbay magnolia Understory 1 FACW Myrica cerifera Understory (wetland Waxmyrtle and upland ridge) A" Persea palustris Swamp bay Understory 1 FACW eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 16 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site 7.7 Risk Assessment Overall, this project has minimal risk due to landscape position, inherent soils, and location in the headwaters of the UT to Falling Creek. Adjacent parcels consist of mature and regenerating upland and wetland forest further protecting the Bank Site and conservation easement. Buffers around the wetland credit area at a minimum of 50 feet will be maintained within the protected easement to ensure wetland restoration success and minimize impacts from ongoing cattle and swine operations. Given the location of the project, few issues should arise affecting potential project success and meeting ecological performance standards. However, the risks and uncertainties associated with the project and actions for addressing these concerns are presented below. Action steps to address issues may be included in an Adaptive Management Remedial Action Plan, if necessary, discussed in Section 11.0. 1. Easement Encroachment: Potential encroachment to the conservation easement on this Bank Site includes livestock trespass, incidental mowing, fencing failure, farm equipment trafficking, and timber harvesting. The isolated location of the easement relative to the remainder of the farm activities minimizes this risk. • Action: Easement boundaries will be clearly marked and fenced to prevent encroachment. The landowner has been made aware of the importance of encroachment prevention and accountability. Any encroachments that do occur will be remedied by the Sponsor to address any damage and provide any other corrections required by the IRT. 2. Invasive/Nuisance Species: Herbaceous and woody competition control from surrounding loblolly pine, sweetgum, and red maple trees is the biggest concern for the Bank Site. • Action: The Sponsor will manage and maintain herbaceous competition during the first two years with both mechanical mowing and chemical herbicides. All herbicide application will be performed by a certified applicator in accordance with NC Department of Agriculture rules and regulations. Should woody competition emerge as an issue affecting the plant community proposed, mechanical measures will be implemented during the remaining monitoring period where problem areas are identified. 3. Drought/Floods: Extreme climatic conditions may occur during the monitoring period . • Action: The Sponsor will address issues arising from extreme weather patterns due to climatic conditions. Any areas within the project that become inundated longer than anticipate, or drier than anticipated, affecting planted vegetation, will be addressed through remedial action. Adaptive management remedial actions may include supplemental planting, replanting, or emergency irrigation. 8.0 Performance Standards The success of the planted vegetation and integrity of the easement boundary will be monitored on a yearly basis for a minimum of seven years to determine overall Bank Site success and the expected ecological uplift described in the Bank Site Development Section. The success criteria for the Auctioneer Forest Mitigation Site will follow current accepted and approved success CCOlerra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 17 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site criteria presented in the 2016 USACE IRT guidance. Specific success criteria components are presented below. 8.1 Vegetation Specific and measurable success criteria for plant density within the proposed wetland restoration areas will follow updated 2016 IRT Guidance. Vegetation monitoring plots will be a minimum 0.02 acres (100 mz) in size and will cover a minimum of two percent of the planted area. Vegetation monitoring will occur in Years 1, 2, 3, 5, and 7. The interim measures of vegetative success for the site will be the survival of at least 320 three-year old trees per acre at the end of monitoring year three (MY3), and 260 trees per acre at the end of monitoring year five (MY5). The final vegetative success criteria will be the survival of 210 trees per acre at the end of the seventh year (MY7) of Site monitoring. Planted vegetation within each plot must average seven feet in height at year five (MY5) and 10 feet in height at year seven (MY7). Should vegetation monitoring reveal performance standards be not met for species vigor and density, site conditions will be analyzed and documented in annual monitoring reports. If necessary, remedial actions will occur according to the adaptive management plan discussed in Section 11.0. Any replanting required will be conducted between November 15 and March 15 unless weather patterns or unforeseen circumstances require a later planting date. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the Site. If necessary, Eco Terra will develop a species -specific control plan according to the adaptive management discussed in Section 11.0. Both fixed (permanent) and variable (random) vegetation plots will be established to monitor planted vegetation community success representative of the wetland reestablishment area. Fixed plots will be located randomly within proposed vegetation communities post construction and documented in the as -built baseline report (MYO). All fixed plots will be a minimum of 0.02 acre in size and square or rectangular in shape. All fixed plots will be located with GPS, marked, and recorded for annual evaluation. The following data will be recorded for all trees in the fixed plots: species, height and vigor, damage (if present), planting date (or date of observation for volunteers), and grid location. Trees documented within fixed plots will include planted as well as native, exotic, and invasive volunteer species. Variable plots will comprise of no more than 50% of the total required plots and be the same size as the fixed plots. Variable plots will also be located with GPS along with plot orientation, and marked for evaluation during the monitoring year. Variable plot data collected will include species and height. 8.2 Hydrology Hydrology monitoring will occur for seven years using continuous groundwater gauges to ensure the site meets the success criteria hydroperiod. Groundwater gauges will be installed at a density sufficient to represent the restoration area soils, vegetation communities, and topographic variations (Figure 11). Gauges will be placed to represent the middle and edge of the restoration area and at a density suggested by the IRT. The Site soils within the credit area eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 18 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site are mapped as Woodington loamy sand and Dragston loamy sand. Field verification by a Licensed Soil Scientist determined the Site soil resources dedicated for wetland restoration is entirely Woodington series soil. The Woodington series soil has a hydroperiod of 10-12% (Typic Paleaquults), which is most similar to Rains (Typic Paleaquults) series soils found in Table 1 of the Wilmington District Stream and Wetland Compensatory Mitigation Update (2016). This hydroperiod correlates to a 251-day growing season from March 16th to November 22nd for the Site based on the Wayne County, NC WETS table. The growing season is defined as the time period representing a 50% probability soil temperatures greater than 28 degrees Fahrenheit occur. Due to extensive site modification and historical land use, a shorter hydroperiod may occur for Woodington soil, during the first two years for sites with extensive manipulation as discussed in the Wilmington District Stream and Wetland Compensatory Mitigation Update (2016). A 10% wetland hydrology criterion equates to 25 consecutive days of inundation during the first two monitoring years. Following the second growing season, wetland hydrology criterion of 12% of the 251-day growing season, representing 30 consecutive days of inundation is proposed. Should any monitoring gauges reveal performance standards are not met, all data will be analyzed and relative to reference conditions to determine if normal conditions occurred during the monitoring year. All gauges used for monitoring will include a detailed soil description before and after construction. Profile descriptions will include soil horizon depth, color, texture, and hydric soil characteristics. 8.3 Visual Assessments Visual monitoring of all mitigation areas will be conducted a minimum of twice per monitoring year by qualified individuals. The visual assessments will include vegetation density, vigor, invasive species, and easement encroachments. Visual assessments of ditch plug stability will occur. Digital images will be recorded at fixed representative locations during each monitoring event; any noted problem areas or areas of concern will also be photographed and mapped. Results of visual monitoring will be presented in a plan view exhibit with a brief description of problem areas and digital images. Photographs will be used to subjectively evaluate success of riparian vegetation and effectiveness of drain tile plugs. A series of photos over time should indicate successional maturation of wetland vegetation. 9.0 Monitoring Plan A Site monitoring plan is necessary to document project success. To ensure the Site is constructed as planned an as -built survey will be completed following construction and completion of all physical and biological improvements including wetland restoration area establishment, ditch plugs, hydrology gauges, Site elevations, planted vegetation, permanent vegetation plots, and other relevant site characteristics. The as -built report will be submitted to the USACE within 90 days of completion of the physical and biological improvements and is considered the baseline monitoring year (MYO). eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 19 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site To ensure performance standards are met and project goals and objectives are achieved, annual monitoring will be completed and submitted to the IRT following the end of the growing season for each reporting year. Monitoring reports documenting performance standards will be prepared annually and submitted to the IRT. Monitoring reports will document Site conditions, vegetation success, and other project trends. Complete monitoring reports will be submitted in monitoring years 1, 2, 3, 5, and 7 including vegetation, visual and hydrology assessments and current Site conditions. For monitoring years 4 and 6 only visual and hydrology assessments will be reported along with current Site conditions. The monitoring plan will be implemented for a minimum until monitoring year seven (MY7), or until success criterion are met. Table 9 below describes the project goals and objectives and how performance standards will be monitored and achieved. Table Y Monitoring Plan .. WSq1 tandards Metric Restore wetlands through re- Shallow groundwater within Restore wet/and function and establishment of 12 inches of the soil surface Shallow hydrology. Remove the for a minimum of 10% (25 groundwater h clrolo Y gY drainage effects of consecutive growing gauges. agricultural ditching and season days) maintenance. Survival of 210 planted stems/ac (MY7). Interim Plant native tree, shrub, survival of at least 320 Fixed and variable Restore native wet/and vegetation and understory riparian planted stems/ac (MY3) and 100 mZ vegetation wetland species. at least 260 stems/ac (MY5). plots. Planted stems must average 7 ft in height (MY5) and 10 feet in height (MY7). Remove livestock from Visual assessment the restored wetland Prevent easement fence integrity Exclude livestock from wet/and. area and exclude with encroachment. and signs of fencing. livestock encroachment. Visual assessment Establish a conservation Record conservation for easement Protect the Site in perpetuity. easement on the Site. easement. encroachment and Site integrity 9.1 Monitoring Components Project monitoring components are shown in Table 10. Approximate locations of proposed vegetation plots and groundwater gauges are illustrated in Figure 11. eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 20 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Table 10.- Monitoring Componenrs L Parameter ItFeature onitoring Quantity 01 Frequenls�._ Shallow Wet/and Hydrology Groundwater 9 Semi -Annual 1 Gauge Fixed/Variable 11 (7 fixed, 4 Annual (Years 1, 2, 3, Wet/and Vegetation Plots (CVS Level 2 II) variable) 5 and 7) General Site Visual Assessment Observations Variable Semi -Annual 3 and Photos General Site Exotic and Nuisance Observations Variable Semi -Annual 4 Vegetation Assessment and Photos General Site Project Easement Observations Variable Semi -Annual 5 Boundary Assessment and Photos Plot Photos and Photo Fixed 11 Plots/5 Annual 6 Points Photographs Photo Points 1. Wetland gauges will be placed within the restoration area in addition to baseline gauges established to date and an appropriate reference wetland 2. The number shown represents both fixed and variable (random) plots proposed representing 2% of the planted acreage. Fixed plots will be monitored according to CVS Level II methodology. Annual variable plots will represent less than 50% of total plots required and be monitored for planted stem species survival and vigor (height). All vegetation plots will comprise of either circular or 100mz square/rectangular sized plots. 3. The project will be visually inspected twice a year at a minimum. All site data will be included in the Annual Monitoring Report. If necessary, the Adaptive Management Plan will be implemented to address issues jeopardizing project success. 4. Exotic and nuisance vegetation will be noted and documented as necessary in Annual Reports. 5. Project encroachments will be noted and documented as necessary in Annual Reports. 6. Project photos will be documented according to the number proposed and provided in Annual Reports. 10.0 Bank Site Establishment and Operation Eco Terra Partners, LLC will be the sole Bank Site Sponsor. The Sponsor will provide proof of financial assurances in the form of a performance bond, letter of credit, or casualty insurance to the IRT. The financial assurances will be sufficient to assure completion of mitigation work, required reporting/ monitoring, and any remedial activities. Financial assurances will be payable at the direction of the USACE. They will be structured to provide funds to the Southern Conservation Trust in the event of default by the Sponsor. A financial assurance must be in the form that ensures the USACE receives notification at least 120 days in advance of any termination or revocation (Appendix F). Upon execution, the Bank Site schedule, as outlined in Table 11, will be complete through Task 11. CCOlerra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 21 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site Table 11: Proposed Project / imenne Task 1 Project Milestone Draft Prospectus Review Timeline 30 days 2 Public Notice (Issuance within 30 days of complete Prospectus) 30 days 3 30-Day Public Comment Period 30 days 4 Initial Evaluation Letter Issuance 30 da s 5 Draft Instrument/Mitigation Plan Review 30 days 6 DE and IRT Resolution Period 60 days 7 Final Instrument/Mitigation Plan Review 30 days 8 DE and IRT Resolution Period 15 days 9 Approval of Final Instrument/Mitigation Plan Total: —225 days 11 Site Establishment 11 mos 12 Baseline Monitoring Report and As -built Survey 1 year 2 mos 13 First Year Monitoring Report demonstrating criteria being met 1 year 11 mos 14 15 Second Year Monitoring Reporting demonstrating criteria being met Third Year Monitoring Report demonstrating criteria being met 2 years 11 mos 3 years 11 mos 16 Fourth Year Monitoring Report demonstrating criteria being met 4 years 11 mos. 17 Fifth Year Monitoring Report demonstrating criteria being met 5 years 11 mos. 18 Sixth Year Monitoring Report demonstrating criteria being met 6 years 11 mos. 19 Seventh Year Monitorin Report demonstrating criteria being met 7 years 11 mos. 20 Project Close-OL tears 2 mos. 10.1 Current Ownership Eco Terra has entered into an agreement with Ben R. Dunn for Purchase and Sale of a Conservation Easement of the proposed Bank Site within the larger contiguous farm property. The total proposed easement coverage is approximately 15.9 acres. Property information is provided in Table 12. The Memo of the purchase agreement with Ben R. Dunn is provided in Appendix E. This agreement allows Eco Terra to proceed with the Bank Site establishment and to restrict the land use in perpetuity through a conservation easement. Eco Terra is prepared to close on the Conservation Easement as per the proposed schedule and will provide copies of the deed of easement, title, survey, and map. Adjacent landowners to the Bank Site are provided in Table 13. 10.2 Long-term Stewardship Eco Terra Partners, LLC, acting as the Sponsor, will establish a conservation easement, and will eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 22 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site monitor the Bank Site for a minimum of seven years. The Mitigation Plan provided details information regarding Bank Site operation, including long term management and annual monitoring activities, for review and approval by the IRT. Upon approval of the Bank Site meeting performance standards at end of the monitoring period by the IRT, the Bank Site will be transferred to The Southern Conservation Trust, Inc., a Georgia non-profit corporation as a long- term land steward, an accredited Land Trust in the State of GA and NC. The long-term steward will be responsible for periodic inspection of the Bank Site to ensure the terms of the conservation easement are being upheld. Endowment funds required to maintain the conservation easement will be negotiated with the responsible party. The easement boundary will be protected in perpetuity. It has been agreed upon by the landowners and provides adequate protection for all resources proposed as part of the Bank Site. The easement has been strategically located to connect adjacent natural habitats and extend wildlife corridors throughout the Bank Site and surrounding areas. Marking and protecting of the easement boundary will utilize various methods depending upon the existing land use. Easement corners will utilize rebar with aluminum survey caps and all areas associated with livestock will be fenced with a minimum of four strands of barbed wire or woven wire including at least one strand of barbed wire. Conservation easement signs will be posted at all corners, gates, access points, and at 200-foot intervals. able 12: Current Ownership and Long -Term Protection 252526129 Wayne Ben R Dunn 13.3 1/21/2021 TBD Conservation Trust, Inc. Table 13: Adjacent Landowners 2515758222 Wayne Geneva D. Strickland qlawiml 5909 WINDCHASE POINTE CT ROCKY MOUNT NC 27803-8784 5900 RONDAN CIRCLE RALEIGH NC 27612-2831 9234 FERGUSON AVE SAVANNAH GA 31406-6326 eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 23 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site 10.3 Assurance of Water Rights Sufficient water rights exist to support the long-term sustainability of the site, as there are no severed rights on the properties. 11.0 Adaptive Management The Adaptive Management Remedial Action Plan (Plan) provides detailed steps to address how potential problems identified during project development are resolved to ensure project success and achievement of ecological performance standards. In the event that the Bank Site, or a specific component of the Bank Site fails to achieve the defined performance standards, Eco Terra will develop necessary adaptive management plans and/or implement appropriate remedial actions for the site in coordination with IRT and the review agencies. Remedial action required will be designed to achieve the success criteria specified previously, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. Most minor issues are discovered and resolved during annual monitoring post -construction and semi-annual site inspections by Eco Terra staff and/or contractors. Minor issues discovered requiring small scale corrective actions include supplemental planting, controlling herbaceous and woody vegetation, controlling herbivory tree damage, and managing invasive species in discrete impact areas. Anticipated project maintenance includes herbaceous vegetation control and supplemental planting due to tree mortality during the first two years of site establishment. Maintaining fencing integrity, monitoring infrastructure including gauges and plot boundaries is anticipated as well. The project site boundary conservation easement will also be marked with posts and signage and monitored for integrity post -construction until close-out. Identifying potential supplemental planting areas early in the year is important to maintaining vegetation communities and securing plant materials for the following planting season. Identifying problems with monitoring infrastructure early on will help alleviate gaps in monitoring data and ensuring performance standards are met. Semi-annual site inspections will help address any minor issues discovered as well as prepare designated staff responsible for overall project maintenance and monitoring. Major issues discovered requiring large scale corrective actions include, but are not limited to, re -grading of the mitigation site, replanting more than 20% of the site to improve composition or species diversity, or the addition of stabilization structures. The Adaptive Management Remedial Action Plan will follow Section 332.8(o)(9) of the 2008 Mitigation Rule, part of the streamlined review process, which requires an IRT review period of 15 calendar days. Should any issues arise during site monitoring and physical inspection that may affect potential project success and Site performance standards, Eco Terra will notify the IRT of the need to CCOlerra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 24 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site develop an Adaptive Management Remedial Action Plan. Once the Plan is prepared for IRT members, Eco Terra will: • Notify the USACE as required by the Nationwide 27 permit general conditions as necessary. • Notify NCDWR of 401 conditions as necessary. • Revise performance standards, maintenance requirements, and monitoring requirements as necessary and/or required by the USACE. • Obtain other permits as necessary. • Submit the Adaptive Management Remedial Action Plan for IRT review and approval, including maps. • Implement the Adaptive Management Remedial Action Plan; and • Provide the USACE a Record Drawing/As-Built of remedial actions. 12.0 Determination of Credits The credit area depicted in Figure 12 was determined by on -site investigations of the ditch/drain tile network, topography, adjacent soils, location of topographic crenulation and subject stream, and existing and proposed hydrologic conditions. Buffered areas surrounding the proposed wetland restoration area will be used to protect the wetland area from encroachment and adjacent land uses. Wetland re-establishment is proposed at a ratio of 1:1. Project assets are illustrated in Table 14. i a,oie 1-4: Project Assets ' Riparian Wetland 15.9 ac 14.23 ac Non- RE 1:1 14.23 Riveri ne 12.1 Proposed Credit Release Schedule All credit releases will be based on the total credit generated as reported by the As -built survey of the Site. The pre -construction credit release will be based on the total amount in the Final Mitigation Plan. The second credit release will be based on the As -built survey and will adjust the total released credits based on the actual restored wetlands. The District Engineer (DE), in consultation with the IRT, will determine if performance standards have been satisfied sufficiently to meet the requirements of the release schedule below. In cases where some performance standards have not been met; credits may still be released depending on the specifics of the case. At the direction of the DE, in consultation with the IRT, extended monitoring may be required, depending on the extent to which the site fails to meet the CCOlerra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 25 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site specified performance standard. The release of Bank Site credits will be subject to the criteria described in Table 14. Site Establishment includes the following criteria: 1. Execution of the MBI or UMBI by the Sponsor and the USACE 2. Approval of the Final Mitigation Plan 3. Securing the Mitigation Bank 4. Delivery of the financial assurances described in the Mitigation Plan 5. Recordation of the long-term protection mechanism and title opinion acceptable to the USACE 6. Issuance of the 404 permit verification for construction of the site, if required. Table 15.- Proposed Wetland Credit Release Schedule Release Milestone Activity Interim Credit Release/ Total Release 1 Site Establishment 150/o/ 15% 2 Baseline Monitoring Report and As -built Survey 150/o/ 30% 3 First Year Monitoring Report demonstrating criteria being met 100/o/40% 4 Second Year Monitoring Reporting demonstrating criteria being met 100/o/ 50% 5 Third Year Monitoring Report demonstrating criteria being met 100/o/ 60% 6* Fourth Year Monitoring Report demonstrating criteria being met 100/o/ 70%* 7 Fifth Year Monitoring Report demonstrating criteria being met =111111011100/o/ 80% 8* Sixth Year Monitoring Report demonstrating criteria being met 100/0/ 90%* Seventh Year Monitoring Report demonstrating criteria being me 100/0/ 100% *Vegetation plot data is not required with monitoring reports submitted during these monitoring years unless otherwise stated by the Mitigation Plan or directed by the IRT. 13.0 References N.C. Department of Environmental Quality. Division of Land Resources. 2019. https://files.nc.gov/ncdeq/Energy%20Mineral%20and%20Land%20Resources/Geological %20Survey/NC Generalized Geologic Map Description.pdf N.C. Department of Environmental Quality. Division of Mitigation Services. 2018. Neuse River Basin Restoration Priorities 2010. Amended 2018. https://files.nc.gov/ncdeq/Mitigation%20Services/Watershed Planning/Neuse River Basi n/FINAL%20RBRP%20Neuse%202010 %2020111207%2000RRECTED.pdf eco,kterrar Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 26 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site N.C. Department of Natural and Cultural Resources. N.C. State Historic Preservation Office. 2020. (http://gis.ncdcr.gov/hpoweb/) (Accessed January, 2021). N.C. Floodplain Mapping Program. 2020. N.C. Flood Risk Information System. (https:Hfris.nc.goy/fris/Home.aspx?ST=NC) (Accessed January, 2021). N.C. Natural Heritage. Data Explorer. 2021. https://ncnhde.natureserve.org(Accessed January, 2021) N.C. Wetland Assessment Method (NCWAM) User Manual. Prepared by the NC Wetland Functional Assessment Team. v.5.1. 2015. Permitted Animal Facilities." North Carolina Department of Environmental Quality, 1 Jan. 2020, https://deq.nc.gov/about/divisions/water-resources/water-resources- permits/wastewater-branch/animal-feeding-operation-permits/animal-facility-map Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDEHNR. Raleigh, North Carolina. 208 pp. US Army Corps of Engineers. Wilmington District Stream and Wetland Compensatory Mitigation Update. North Carolina Interagency Review Team — October 24, 2016. Available via: http://saw-reg.usace.army.mil/PN/2016/Wilmington-District-Mitigation-Update.pdf U.S. Census Bureau. 2020. QuickFacts, Wayne County, North Carolina. Updated 1 July, 2020 (https://www.census.gov/quickfacts/fact/dashboard/waynecountynorthcarolina/). U.S. Department of Agriculture. 2021. Official Soils Descriptions. (https:HsoiIseries.sc.egov.usda.gov). U.S. Department of Agriculture. Natural Resources Conservation Service. 2021. Web Soil Survey. (https:Hwebsoilsurvey.nres.usda.gov/alp/). (Accessed January, 2021). U.S. Fish and Wildlife Service, 2021. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Wayne County, North Carolina. Updated 17 July 2020. https://www.fws.gov/raleigh/species/cniylist/wayne.html U.S. Geological Survey, 2013. Grantham and Newton Grove N., NC. 1:24,000. North Carolina Topographic Quadrangles (7.5-minute series). Reston, VA: U.S. Department of the Interior, USGS, 2013. eCO,kterra, Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 27 Eco Terra Partners, LLC I Auctioneer Forest Mitigation Site This page has been intentionally left blank \0i eco,1terra® Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site 1 28 Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Figures 0 eCOlCrrC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Esnti, HERE, Garmin, USGS, NGA, EPA, USDA, NPS • Illi �� ' Project Site ■ IV I ACHEL JACK N RO 1 ....... . . f y 1. r / � J _ 'fir AR 011— 3� 'frg LU �,•� �" Starlight ��'SG4POUTRI7 0 0.25 0.5 1 Miles Figure 1: Vicinity Map Auctioneer Forest Mitigation Site N Neuse 03020201 W E Wayne County, North Carolina ec� terra.. August 2021 S USGS 2013 Topographic Quadrangles: Newton Grove & Grantham Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site A -% J�O ecoerra _- Legend Conservation Easement NCDOT 2' Contours Ditch" Ditch Swale pp Ile,. Figure 2: Existing Conditions Auctioneer Forest Mitigation Site Neuse 03020201 Wayne County, North Carolina August 2021 NC Onernap 2017 Aerial, NCDOT Contours [I�P�r�►�r"11] N W 1= 5 f 500 � Feet Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Legend Conservation Easement High Elevation ," Low Elevation r-_ j �O �� ,QO� City of Goldsboro, Johnston County, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P. USGS, EPA, USDA Feet Figure 3: LiDAR Map Auctioneer Forest Mitigation Site N Neuse 03020201 W E OCO t�r�� Wayne County, North Carolina August 2021 5 QL2 Data NC Emergency Management Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Legend Proposes{ Conservation Easement 4Lj WC �'��.��.•�i yr. if' �` i�'� h - W 4 �► i-, wr -.- i*.rpr'•�'-r'�'dN�•;.,�' ,-�L�y 11i � ,±• • �rl� + •;p. R T 0 250 500 1,000 Feet Figure 4: Historic 1981 Aerial Auctioneer Forest Mitigation Site N 4�0 Neuse 03020201 r E Wayne County, North Carolina ec terra. August 2021 s USGS Earth Explorer: 1981 Aerial Photo Single Frame Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site III I I Legend i l• r,•I• QMS Tier 1 Project Site ff Local Watershed Plans 0 Targeted Local Watersheds m v 8 Digit HUC 03020201 • Regional Watershed Plans • Q Proposed Conservation Easement ■ ■ +� Lou r sL ury O ■ d • � I .it I, 1 1111'I j --J Riyt ti till 11 ' ■ 1 Irl I -MO 9 Ev"I Jordan �n L a,F; Y nnuP f7S:a. - � ■ ti 1� Rim In „,I it A7ck ■ ■ ' skim PmrA Creek Coats "- ■ * l Lillirgton L • ■ I I 45$ CI ' E rnln D unl r Walkerlayn i' CvhaCvh_i. 9dlaa Lumbse Sd' Project Site .I I II r I LI Fort rirja�a Fort Bragg - - Fle—d - Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS Figure 5: Watershed Planning ko Auctioneer Forest Mitigation Site " Neuse 03020201 w` r Wayne County, North Carolina s ec terra. August 2021 0 3.75 T5 15 NC ❑MS TLW/LWP Data Miles Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site •I Legend Proposed Conservation Easement I{ -I •I 0 Neuse 03020201 Hal lwa sapen; Sdisa ❑CCar hI .S.apm .S+.dlbd r � - 'i lhl•'r Cree dmdDr t41ah '4y �J E Pitisborr) Fait, r111 rh;im Reservoir a82 4 E Wake FOresl �•�wY p �! Ar6 v8 543 rt Chapel Hill �9vr 4 eary Raleigh Knightdale Wendell c-I Apex { t3 Fverefl L•7ce s` F.d��• �a A0 P` I r�416 `3 � k staN Park Louisburg X,i:dy Red Oak C Y 21aft Nashville — 1l Project Site �n Garn& IHdly Lake Y prings eensor, )� Clayton ry. • 'i,. ,. i `1I — h. •. I � 1' Selina Ali Sm t hf ieF1 II-r s tarn [nA m F Four l7.lk'. Buns Creek C0.1; '- Ullington y E'•• it .. .11 " 14a c69 K Erwin D tlnl3 j Walkertn+m i% i cohae. Cohai.- Shcaa ,t SdI Lumh.. 5dt5a . �, b:•1.1•d r I li Spring Lake yop' Fort BrJJl �4+�:' a 51 20 30 Esri, HERE, Garmin, USGS, NGA, EPA, USDA, NPS Miles Figure 6; proposed Service Area Auctioneer Forest Mitigation Site N Neuse 03020201 S Wayne County, North Carolina W E e� t ��, August 2021 5 ESRI World Topographic Basemap Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Li.� /JrF r e .. :i ar4m Legend J Conservation Easement Ditch Ditch Swale -% J�O ecolerra. Figure 8: Ditch Network Auctioneer Forest Mitigation Site Neuse 03020201 Wayne County, North Carolina August 2021 NC Onemap 2017 Aerial IRL FE 0 75 150 300 L15 Feet Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Legend PropPror osed Conservation Easement ell - -------------- Proposed Wetland Credit Proposed Permanent Vegetation Plots -vA- Rain Gauge 0 Proposed Hydrology Gauges Existing Hydrology Gauges Ditch Filled Ditch Filled Swale %j 0 250 ecolterrc --i Feet 500 Figure 11: Monitoring Components Map Auctioneer Forest Mitigation Site Neuse 03020201 Wayne County, North Carolina August 2021 NC Onemap 2017 Aerial N W+E S Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site r , Non-credit Buffer - 511' _y -_ Legend Proposed Conservation Easement ® Proposed Credit - �- Ditch Filled Ditch Filled Swale C� Ditch Plug wig& Fire Station - -�==� ,' ter• �"'>- , c u �-r —: �7 1 "A f 3 e Dept 0 125 250 500 US Feet Figure 12: Site Plan Auctioneer Forest Mitigation Site A�O Neuse 03020201 ��-- Wayne County, North Carolina ec terra. August 2021 NC Onemap 2017 Aerial Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Appendix A Wetland Gauge Data IWO . eco,kterra Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site (ui) uoi;e;idiz)aJd LZ/LZ/S LZ/SZ/S LZ/£Z/S LZ/LZ/S LZ/6L/S LZ/LL/S LZ/SL/S LZ/£L/S LZ/LL/S LZ/6/S lZ/L/S LZ/S/S LZ/£/S LZA/S LZ/6Z/b LZ/LZ/b LZ/SZ/b LZ/£Z/b LZ/LZ/b LZ/6L/b LZ/LL/b LZ/SL/b LZ/£L/b LZ/LL/b v LZ/6/b LZ/L/b LZ/S/b LZ/£/b LZ/L/b LZ/0£/£ lZ/8Z/£ lZ/9Z/£ LZ/bZ/£ lZ/ZZ/£ WOVE IMI/£ LZ/9L/£ LZ/bl/£ lZ/Zl/£ WOVE u/8/£ LZ/9/£ LZ/b/£ lZ/Z/£ LZ/8Z/Z lZ/9Z/Z LZ/bZ/Z LZ/ZZ/Z ~ (ui) (anal ja;empunojg (ui) uoi;e;idiz)aJd LZ/LZ/S LZ/SZ/S LZ/£Z/S LZ/LZ/S LZ/6L/S LZ/LL/S LZ/SL/S LZ/£L/S LZ/LL/S LZ/6/S LZ/L/S LZ/S/S LZ/£/S lZ/l/S LZ/6Z/b LZ/LZ/b LZ/SZ/b LZ/£Z/b LZ/LZ/b LZ/6L/b LZ/LL/b LZ/SL/b LZ/£L/b LZ/LL/b v LZ/6/b LZ/L/b LZ/S/b LZ/£/b LZ/L/b LZ/0£/£ lZ/8Z/£ lZ/9Z/£ LZ/bZ/£ lZ/ZZ/£ WOVE IMI/£ w/9l/£ LZ/bl/£ lZ/Zl/£ WOVE LZ/8/£ LZ/9/£ LZ/b/£ LZ/Z/£ LZ/8Z/Z lZ/9Z/Z LZ/bZ/Z LZ/ZZ/Z q (ui) Ianal ja;empunojg m v V bD 0 x I a, J v m (ui) uoi;e;idiz)aJd LZ/LZ/S LZ/SZ/S LZ/£Z/S LZ/LZ/S LZ/6L/S LZ/LL/S LZ/SL/S LZ/£L/S LZ/LL/S LZ/6/S LZ/L/S LZ/S/S LZ/£/S lZ/l/S LZ/6Z/b LZ/LZ/b LZ/SZ/b LZ/£Z/b LZ/LZ/b LZ/6L/b LZ/LL/b LZ/SL/b LZ/£L/b LZ/LL/b v LZ/6/b LZ/L/b LZ/S/b LZ/£/b LZ/L/b LZ/0£/£ lZ/8Z/£ lZ/9Z/£ LZ/bZ/£ lZ/ZZ/£ WOVE LZ/8L/£ LZ/9L/£ LZ/bl/£ lZ/Zl/£ WOVE LZ/8/£ LZ/9/£ LZ/b/£ LZ/Z/£ LZ/8Z/Z lZ/9Z/Z LZ/bZ/Z LZ/ZZ/Z m v q (ui) Ianal ja;empunojE) Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Appendix B USACE Wetland Forms, DWR Stream Forms, and Jurisdictional Determination ecolCrrClm Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATASHEET— Atlantic and Gulf Coastal Plain Region Requirement Controi Symboi EXEMPT., See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Auctioneer Forest Mitigation Bank City/County: Wayne Sampling Date: July 31, 2020 Applicant/Owner: Eco Terra Partners State: NC Sampling Point: Wet 1 Investigator(s): S. Frederick Section, Township, Range: Newton Grove Landform (hillside, terrace, etc.): headwater Local relief (concave, convex, none): depression Slope (%): <2% Subregion (LRR or MLRA): LRR P, MLRA 133A Lat: 35.271772 Long:-78.262661 Datum: NAD83 Soil Map Unit Name: Woodington sandy loam NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation X Soil X or Hydrology X significantly disturbed? Are "Normal Circumstances" present? Yes No X Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes x No X Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Antecedent rainfall likely above normal HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that anpl)j) _Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) _High Water Table (A2) _Marl Deposits (1315) (LRR U) _Drainage Patterns (1310) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (1316) _Water Marks (131) _Oxidized Rhizospheres on Living Roots (C3) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (133) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) X Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _Shallow Aquitard (D3) _Inundation Visible on Aerial Imagery (137) FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 20 Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Site is inactively managed pasture with large perimeter ditch and central ditch draining site. Site is also in acitve swine wastewater land application via mobile irrigation equipment. ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: wet Absolute% Dominant Indicator Tree atraaum (Plotsize: ) Cover Species? Status DominanceTestvvorksheet: 1. Number of Dominant Species That 2. Are OBL, FACW, or FAC: 0 (A) 3. Total Number of Dominant Species 4. Across All Strata: 2 (B) 5. Percent of Dominant Species That Are 6. OBL, FACW, a FAC: 7. Prevalence Index-ftheet: 8. Total % Cover of: Multiply by: -Total Cover OBL species 0 x 1 - 0 50% oftotal cover: 20% oftotal cover: FACW species 7 x2- 14 ,aHinnikhmh atranum (Plotsize: ) FAC species 0 x3- 0 1. FACU species 0 x4- 0 2. UPL species 50 x5- 250 3. Column Totals: 57 (A) 264 (B) 4. Prevalence Index - B/A - 4.63 5. Hydrophytic Vegetation Indicators: 6. _I - Rapd Test for Hydrophytic Vegetation 7. _2- Dominance Test is >50 S. _3- Prevalence Index is 13.0' -Total Cover _Problematic Hydrophytic Vegetation' (Explain) 50%oftota1 cover: 20%oftota1 cover: Herd Stratum (Plotsize: Tare ) 1. Cynocbn dwlylon 25 Yes UPL 'Indicators of hydric soil and wetland hydrology must be present, 2. Lolium perenne 25 Yes UPL unless disturbed or problernatic. Definitions of Four Vegetation Strata: 3. Juncus sp 2 No FACW 4. Carex sp. 5 No FACW Tree -Woody plants, excluding vines, Sin. (7.6 cm)or m one 5. diameter at breast height(DBH), regardless of height. 6. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. S. DBH and greater than 3.28ft (1 m) tall. 9. 10. Herb -All herbaceous (non -woody) plants, regardless of size, 11. and woody plants less than 3.28 ft tall. 12. 57 -Total Cover Woody Vine -All woody vines greater than 3.28 ft in height. 50%oftota1 cover: 29 20%oftota1 cover: 12 Wady Vine Stratum (Plotsize: ) 1. 2. 3. 4. 5. Hydrophytic -Total Cover Vegetation 50% oftotal cover: 20% oftotal cover: Present? Yes x No Remarks: (If observed, list morphological adaptations below.) ENG FORM 6116-2-SG, JUL 2818 Atlantic and Gulf Coastal Plain -Version 2.0 I wish to use this four strata Inge for the vegetation sampling and analysis. OI wish to use the other five strata Inge for the vegetation sampling and analysis. This sampling point has passed the Rapid Test for Hydrophytic Vegetation. I do not wish to have the Dominance Test worksheet calculated. This sampling point has passed the Rapid Test for Hydrophytic Vegetation and/orthe Dominance Test. donotwishtohavethe Prevalence Index worksheet calculated. ENG FORM 6116-2-SG, JUL 2818 Atlantic and Gulf Coastal Plain -Version 2.0 SOIL Sampling Point: Wet 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LOG Texture Remarks 0-12 10YR 3/1 100 loamy/clayey fine roots 12-20 10YR 6/2 90 10YR 6/4 10 D M loamy/clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic HydricSoils': Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _Histic Epipedon (A2) _Barrier Islands 1 cm Muck (S12) 2 cm Muck (A10) (LRR S) _Black Histic (A3) (MLRA 153B, 153D) _Coast Prairie Redox (A16) _Hydrogen Sulfide (A4) _Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _Stratified Layers (A5) _Loamy Gleyed Matrix (F2) _Reduced Vertic (F18) _Organic Bodies (A6) (LRR P, T, U) _Depleted Matrix (F3) (outside MLRA 150A, 150B) _5 cm Mucky Mineral (A7) (LRR P, T, U) Redox Dark Surface (F6) _Piedmont Floodplain Soils (1`19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _1 cm Muck (A9) (LRR P, T) _Redox Depressions (F8) (MLRA 153B) X Depleted Below Dark Surface (A11) _Marl (1`10) (LRR U) _Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _Coast Prairie Redox (A16) (MLRA 150A) —iron-Manganese Masses (1`12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) _Sandy Mucky Mineral (S1) (LRR O, S) X Umbric Surface (1`13) (LRR P, T, U) _Barrier Islands Low Chroma Matrix (TS7) _Sandy Gleyed Matrix (S4) _Delta Ochric (1`17) (MLRA 151) (MLRA 153B, 153D) _Sandy Redox (S5) _Reduced Vertic (1`18) (MLRA 150A, 150B) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (1`19) (MLRA 149A) _Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: Some organic matter has been lost through oxidation since the site has been in agriculture/pasture ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATASHEET— Atlantic and Gulf Coastal Plain Region Requirement Controi Symboi EXEMPT., See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Auctioneer Forest Mitigation Bank City/County: Wayne Sampling Date: July 31, 2020 Applicant/Owner: Eco Terra Partners State: NC Sampling Point: Up 1 Investigator(s): S. Frederick Section, Township, Range: Newton Grove Landform (hillside, terrace, etc.): headwater Local relief (concave, convex, none): depression Slope (%): <2% Subregion (LRR or MLRA): LRR P, MLRA 133A Lat: 35.271154 Long:-78.260884 Datum: NAD83 Soil Map Unit Name: Kennansville sandy loam NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation X Soil X or Hydrology X significantly disturbed? Are "Normal Circumstances" present? Yes No X Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Antecedent rainfall likely above normal. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that anpl)j) _Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) _High Water Table (A2) _Marl Deposits (1315) (LRR U) _Drainage Patterns (1310) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (1316) _Water Marks (131) _Oxidized Rhizospheres on Living Roots (C3) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (133) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _Shallow Aquitard (D3) _Inundation Visible on Aerial Imagery (137) FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Site is inactively managed pasture with large perimeter ditch and central ditch draining site. Site is also in acitve swine wastewater land application via mobile irrigation equipment. ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: UPI Absolute% Dominant Indicator Tree Strab (Plotsize: ) Cover Species? Status DominanceTestvvorksheet: 1. Number of Dominant Species That 2. Are OBL, FACW, or FAC: 0 (A) 3. Total Number of Dominant Species 4. Across All Strata: 2 (B) 5. Percent of Dominant Species That Are 6. OBL, FACW, a FAC: 7. Prevalence Index-ftheet: 8. Total % Cover of: Multiply by: -Total Cover OBL species 0 x 1 - 0 50% oftotal cover: 20% oftotal cover: FACW species 0 x2- 0 SanlinnlRhob ktrati (Plotsize: ) FAC species 0 x3- 0 1. FACU species 0 x4- 0 2. UPL species 100 x5- 500 3. Column Totals: 100 (A) 500 (B) 4. Prevalence Index - B/A - 5.00 5. Hydrophytic Vegetation Indicators: 6. _I - Rapd Test fa Hydrophytic Vegetation 7. _2- Dominance Test is >50 S. _3- Prevalence Index is 13.0' -Total Cover _Problematic Hydrophytic Vegetation' (Explain) 50%oftota1 cover: 20%oftota1 cover: Herd Stratum (Plotsize: Tare ) 1. Cynodon dacrylon 50 Yes UPL 'Indicators of hydric soil and wetland hydrology must be present, 2. Lolium perenne 50 Yes UPL unless disturbed or problernatic. Definitions of Four Vegetation Strata: 3. 4. Tree -Woody plants, excluding vines, Sin. (7.6 cm)or more in m 5. diameter at breast height(DBH), regardless of height. 6. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. S. DBH and greater than 3.28ft (1 m) tall. 9. 10. Herb -All herbaceous (non -woody) plants, regardless of size, 11. and woody plants less titan 3.28 ft tall. 12. 100 -Total Cover Woody Vine -All woody vines greater than 3.28 ft in height. 50%oftota1 cover: 50 20%oftota1 cover: 20 Wady Vine Stratum (Plotsize: ) 1. 2. 3. 4. 5. Hydrophytic -Total Cover Vegetation 50% oftotal cover: 20% oftotal cover: Present? Yes No Remarks: (ti observed, list morphological adaptations below.) ENG FORM 6116-2-SG, JUL 2818 Atlantic and Gulf Coastal Plain -Version 2.0 I wish to use this four strata Inge for the vegetation sampling and analysis. OI wish to use the other five strata Inge for the vegetation sampling and analysis. This sampling point has passed the Rapid Test for Hydrophytic Vegetation. I do not wish to have the Dominance Test worksheet calculated. This sampling point has passed the Rapid Test for Hydrophytic Vegetation andtathe Dominance Test. donotwishtohavethe Prevalence Index waksheet calculated. ENG FORM 6116-2-SG, JUL 2818 Atlantic and Gulf Coastal Plain -Version 2.0 SOIL Sampling Point: Up 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LOG Texture Remarks 0-14 10YR 5/2 100 loamy/clayey fine roots 14-20 10YR 6/4 100 sandy 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic HydricSoils': Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _Histic Epipedon (A2) _Barrier Islands 1 cm Muck (S12) 2 cm Muck (A10) (LRR S) _Black Histic (A3) (MLRA 153B, 153D) _Coast Prairie Redox (A16) _Hydrogen Sulfide (A4) _Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _Stratified Layers (A5) _Loamy Gleyed Matrix (F2) _Reduced Vertic (F18) _Organic Bodies (A6) (LRR P, T, U) _Depleted Matrix (F3) (outside MLRA 150A, 150B) _5 cm Mucky Mineral (A7) (LRR P, T, U) Redox Dark Surface (F6) _Piedmont Floodplain Soils (1`19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _1 cm Muck (A9) (LRR P, T) _Redox Depressions (F8) (MLRA 153B) _Depleted Below Dark Surface (A11) _Marl (1`10) (LRR U) _Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _Coast Prairie Redox (A16) (MLRA 150A) —iron-Manganese Masses (1`12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) _Sandy Mucky Mineral (S1) (LRR O, S) Umbric Surface (1`13) (LRR P, T, U) _Barrier Islands Low Chroma Matrix (TS7) _Sandy Gleyed Matrix (S4) _Delta Ochric (1`17) (MLRA 151) (MLRA 153B, 153D) _Sandy Redox (S5) _Reduced Vertic (1`18) (MLRA 150A, 150B) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (1`19) (MLRA 149A) _Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: Upland ridge abutting hydric soils ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site ROY COOPER Governor DIONNE DELLFGATTI Secretary S. DANIEL SMITH Director Ben R. Dunn 100 Grove Church Road Mount Olive, North Carolina 28365 NORTH CAROLINA Environmental Quality May 12, 2021 Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) (EXPRESS Program) Subject Property/ Project Name: Falling Creek Farm Mitigation Site Address/Location: 412 S. Jordan's Chapel Road, Grantham, North Carolina Stream(s) Evaluated: (4) — UTs to Falling Creek, Class C, NSW; Stream Index 27-54-(0.5); Neuse River Basin Determination Date: October 7, 2020 Staff: Chris Pullinger, Katie Merritt 2020-1148 v1 Wayne County Determination Type: Buffer: Stream: ® Neuse (15A NCAC 02B .0714) ® Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B .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* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo 2020-1148 v1 UT 1 I X 2020-1148 v1 UT1 Start 2020-1148 v1 UT1 Finish X X 2020-1148 v1 UT2 2 1 X 2020-1148 v1 UT2 Start 2020-1148 v1 UT2 Finish X 2020-1148 v1 UT 3A I X 2020-1148 v1 UT3A Origin 2020-1148 v1 UT 3A Finish X X 2020-1148 v1 UT 3A man-made ditch X 2020-1148 v1 UT 3A Start 2020-1148 v1 UT 3A Origin X 2020-1148 v1 3B I X 2020-1148 v1 UT 3B Start 2020-1148 v1 UT 3B Finish X *E/1/P = Ephemeral/Intermittent/Perennial The Division of Water Resources has determined that the streams listed in the table above and included on the attached map have been located on page 28 of the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the most recent USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rule. Each feature that is checked "Not Subject" and highlighted on the attached maps in "red" has been determined to be either man-made in nature, ephemeral, or not present on the property. Features that are checked "Subject" and highlighted on the attached maps in "blue" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property 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. 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, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): clo Paul Wojoski DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 ,;;�DWQNorth�� Carolina Department of Environmental Quality Division of Water Resources Washington Regional Office 1943 Washington Square Mail I Washington, North Carolina 27689 �^ ^�.� 252.946.6481 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 Washington Regulatory Field Office at (910)-251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASERFICHE Norton Webster, EcoTerra (via e-mail: nortonPecoterra.com) Emily Thompson, USACE Washington Field Regulatory Office (via e-mail) Katie Merritt — DWR Central Office (via e-mail) North Carolina Department of Environmental Quality I Division of Water Resources D, E Q Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 aruerra'— r Q..Nr 252.946.648I PAL r.� Vac 0 T NOfdw CffiD�t� EnvirorawnU Management Commission OWL -vim of Water Resources For Ne�use�,Bas+n Buffer Date21 Revtewed by ,Ir DWR Project #2020-1148 v1 ' North Carolina Department of Environmental Quality I Division of Water Resources f Washington Regional office 1 943 Washington Square Mall I Washington, North Carolina 27889 rown,.M�i e�c,m•��i o..i,� 252.94E-648I Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Appendix C Agency Correspondence (USACE, EPA, USFWS, SHPO) IWO . eco,kterra Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA28403-1343 REPLY TO ATTENTION OF: May 3, 2021 Regulatory Division Action ID No. SAW-2020-01752 Re: NCIRT Initial Review of the Eco Terra Neuse 01 Umbrella Mitigation Banking Instrument, Auctioneer Forest Mitigation Site Prospectus Mr. Ted Griffith Eco Terra Partners, LLC 1328 Dekalb Avenue Atlanta, Georgia 30307 Dear Mr. Griffith: This letter is in regard to your prospectus document dated February 2021, for the proposed Eco Terra Neuse 01 Umbrella Mitigation Bank and Auctioneer Forest Mitigation Site. The proposal consists of the establishment and operation of a commercial umbrella mitigation bank, and the associated 16.1 acre Auctioneer Forest Mitigation Site, located at 362 S. Jordans Chapel Road, in Mount Olive, Wayne County, North Carolina (35.271772° N,-78.262661 ° W). The proposed Auctioneer Forest Mitigation Site would include wetland restoration activities within the Falling Creek watershed, in the Neuse River Basin (8-digit hydrologic unit code (HUC): 03020201). The Corps determined the Prospectus was complete and issued a public notice (P/N # SAW-2020-01752) on March 12, 2021. The purpose of this notice was to solicit the views of interested State and Federal agencies and other parties either interested in or affected by the proposed work. Attached are comments received in response to the public notice from the U.S. Fish and Wildlife Service, the North Carolina Department of Natural and Cultural Resources State Historic Preservation Office, and the U.S. Environmental Protection Agency. The Corps has considered the comments received from members of the Interagency Review Team (IRT) and information that was discussed during an IRT site review on December 9, 2020. We have determined that the proposed umbrella mitigation bank appears to have the potential to preserve and enhance aquatic resources within the 8- digit HUC 03020201 of the Neuse River. Therefore, the bank sponsor may proceed with preparation of a draft Umbrella Mitigation Banking Instrument (UMBI). Please provide a response to the attached comments with your draft UMBI submittal. We appreciate your interest in restoring and protecting waters of the United States. If you have questions regarding this letter, please contact me at the Raleigh Regulatory Field Office by email at Samantha.J.Dailey(a�usace.army.mil or telephone (919) 554-4884, Extension 22 Sincerely, Samantha Dailey Regulatory Project Manager Raleigh Regulatory Field Office Electronic Copies Furnished: NCIRT Distribution List United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office 551-F Pylon Drive Raleigh, North Carolina 27606 March 18, 2021 Samantha Dailey U.S. Army Corps of Engineers, Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Eco Terra Neuse 01 UMBI (Auctioneer Forest Mitigation Bank) / SAW-2020-01752/ Wayne Co. Dear Mrs. Dailey: The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the activity as described in the permit application. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and threatened species in North Carolina is now available on our website at <http://www.fws.gov/raleigh>. Our web page contains a complete and updated list of federally protected species, and a list of federal species of concern known to occur in each county in North Carolina. The Service appreciates the opportunity to review and provide comments on the proposed action. Should you have any questions regarding the project, please contact Kathy Matthews at (919) 856- 4520, extension 27. Sincerely, for Pete Benjamin, Field Supervisor cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh 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 Secretary D. Reid Wilson April 26, 2021 Samantha Dailey samantha.j.daileygusace.army.mil U.S. Army Corps of Engineers — Wilmington District Charlotte Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Re: Auctioneer Forest Mitigation Bank, 35.271772,-78.262661, Mount Olive, Wayne County, ER 21-0709 Dear Ms. Dailey: Thank you for your email of March 12, 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. review(cr,,ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ,r Ramona Bartos, Deputy �] State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Memorandum to the Record March 23, 2021 Agency Comments for the Eco Terra Neuse 01 (Auctioneer Forest) Umbrella Mitigation Bank Draft Prospectus in Wayne County, NC DA#: SAW-2020-01752 (Public Notice dated March 12, 2021) Sam, Thank you for the opportunity to provide feedback and comments on the Eco Terra Neuse 01 Umbrella Mitigation Bank (UMB) — Draft Prospectus to establish a single site (Auctioneer Forest) in Wayne County, North Carolina. Eco Terra Partners, LLC, the sponsor, proposes to develop this private commercial mitigation bank in the Neuse River Basin, 8-digit Hydrologic Unit Code 03020201. The Umbrella Bank currently includes one project site named Auctioneer Forest Mitigation Bank (AFMB). Eco Terra has presented a potentially suitable plan to provide compensatory mitigation for jurisdictional wetland impacts associated with the US Army Corps of Engineers Clean Water Act Section 404 permit program. Preliminary mitigation estimates are that the AFMB will produce 14.23 Wetland Mitigation Units in the Neuse River 01 Geographic Service Area. Note: It is understood that site visits may have been made by IRT members and other project managers during the development of site feasibility to provide mitigation credit. In that regard, I feel it is necessary to mention that I have not been on -site during this process and that my comments may reflect a lack of on -site observation and evaluation. The EPA Region 4 Oceans, Wetlands and Streams Protection Branch offers the following site - specific comments as they pertain to the Auctioneer Mitigation Bank — Draft Prospectus dated February 2021 and the Public Notice for SAW-2020-01752 dated March 12, 2021: 1. General: The draft prospectus states that the bank name is Auctioneer Forest Mitigation Bank and has only a single site; Auctioneer Forest. The current public notice for an umbrella mitigation bank states that the bank name is the Eco Terra Neuse 01 Umbrella Mitigation Bank. It appears on the surface that the prospectus is for a single site called AFMB with no hint of this being an UMB. Whether this project is part of an umbrella bank or a bank with a single site, I highly recommend choosing a name and instrument type and being consistent to avoid confusion. 2. General: Recommend adding the latest jurisdictional determination of waters in adjacent parcels to determine if this site will maintain jurisdiction and not be considered an isolated feature when the wetland area is reestablished. 3. Table 1/Page 3: Will the ditches be plugged or filled? Are the waters in the adjacent forest jurisdictional with a connection to the wetland proposed for reestablishment? 4. Current Ownership/Page 4 and Appendix A: Please note and correct the date of the purchase agreement for Julia Sue Dunn. The signed date and the notarized date do not match. 5. Existing Conditions/Page 9: Recommend verifying status of UT to Falling Creek with a NCSID form or similar approach to ensure jurisdiction maintained. The adjacent wetland forest may be keeping JD intact, but this should be confirmed. 6. Page 10: Recommend adding a citation for the population statistic presented. Not sure if this is from the Neuse RBRP update of 2018 or not. 7. Page 11: Without a drainage area map to consult, it is difficult to determine where the currently drained locations to the east of the project will go once the ditches within the project are plugged/filled. The LiDAR image suggests that the land/pasture to the east will not drain well and could create wetter soil conditions for the landowner. 8. Page 12: The upland buffer along the pasture perimeter is an excellent feature for minimizing encroachment and detrimental effects of the continued pasture use for livestock and land application of hog lagoon effluent. Recommend 50-foot minimum width. 9. Page 13: Please list the name of the airport (Cox -Grantham Airfield) in the discussion of aviation considerations. 10. Page 13: In the discussion of taking the perimeter ditches out of service, please include if they will be plugged or filled entirely. Current description alludes to both. 11. Table 5/Page 14: Will other species along with longleaf pine be planted in the upland ridge? Be sure to add the wetland indicator status for each species considered in the draft mitigation plan. 12. Page 15: With so little of the site (if any) receiving runoff from the adjacent pasture, how will Falling Creek receive fewer pollutants if those pollutants will now just be concentrated to run offsite to the north via the existing ditch system? It seems that the only actual functional uplift will be to the restored parcel itself. The claim of the reduction in sediment, nutrients and fecal coliform seems dubious unless there is a significant reduction in the adjacent land use for pasture and land application of hog lagoon waste. 13. Page 18: Recommend a slight change in the verbiage of the bank going into long- term management. The "bank" will not go into long-term stewardship until all performance standards are met along with IRT approval following site closeout. 14. General: Recommend the sponsor add the wetland category type going forward (riparian or non -riparian). Thank you for the opportunity to provide feedback, comments, and concerns with the Eco Terra Neuse 01 UMB — Draft Prospectus in Wayne County, NC. Eco Terra has provided a potentially suitable plan to restore and greatly improve wetland function within the project and provide 14.23 Wetland Mitigation Units in the Neuse River 01 Geographic Service Area. If you or the sponsor have any questions or need clarification on any of the comments stated above, please contact me at 404-562-9225 or at bowers.todd@epa.gov. Best Regards, Todd Bowers Comments submitted to Samantha Dailey (SAW -PM) and IRT Chair via email on March 23, 2021 Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Appendix D NCLSS Soil Borings IWO . eco,kterra Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site �f m p Vs1 (n J N w 3 � o y vi � o 0 d 0 t a� � 0 m c O N_ O 2 y C N al O U y 021 .N N N y o m m °' w w o � � (0 (0 Y > > 9 N � � 9 (0 (0 i 7 U 7 N m Y (p (0 Y (0 Y (0 N C7 3 N 3 N 3 d x N F w w w U O U x O d T N (0 c E -�o� O (0 O 9 O C t O O V N t'7 N V O Q O [Eio Q W 00 Q Y � N O O N L N L 7 m C (0 O N_ O 75 2 O � � 2 co y c N al O U y 021 .N N N N N A O Co Co (0 C C 9 (0 (0 F O cr,J i 7 U 7 N N '0 U U E Eco E Y Y co Y co C7 3 3 3 x F w w w U O U x 0 d o y C)f o CY („) p } N } N c E N o > 3Of T O } C + L V O V N t'7 N 14 O 2 Q W 00 co J (n Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Appendix E Memo of Purchase and Sale Agreement IWO . eco,kterra Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Cross Referen e; Deed Book 872, Page 44 Register of Deeds Wayne County, NC File/Return to: Ted Griffith Eco Terra Partners 1117 Peachtree Walk NE Suite 126 Atlanta, GA 30309 MEMORANDUM OF AGREEMENT STATE OF NORTH CAROLINA COUNTY OF WAYNE THIS MEMORANDUM OF AGREEMENT ('this "Memorandum") is hereby made this A I 'f-day of J , 2021, by and between ECU TERRA PARTNERS, LLC, a Georgia limited liability mpany, whose mailing address is 1117 Peachtree Walk NE, Suite 126, Atlanta, GA 30309 (herein "Buyer') and BEN R DUNN & JULIE SUE DUNN, individual residents of the State of North Carolina (collectively, the "Seller"). l . For good and valuable consideration, Seller and Buyer have entered into that certain Agreement for Purchase and Sale of Conservation Easement of even date herewith (the "Agreement"). ?. Pursuant to the Agreement, Seller has agreed to sell and Buyer has agreed to purchase a permanent conservation easement containing approximately 13.30 acres, more or less, over a portion of the Seller's real property located in Wayne County, State of North Carolina. The Seller's property (the "Pro e ") is described on Exhibit A. The portion of the Seller's Property which consists of the easement property is also set forth on Exhibit A (the "Easement Proyertv"); the Easement Property is more particularly depicted on Exhibit A- . The final legal description for the property encumbered by the proposed conservation easement shall be determined by a survey and, upon consummation of the Agreement, incorporated into a Deed of Conservation Easement to be conveyed by Seller and recorded in the Register of Deeds. 3. Seller and Buyer have agreed to execute and record this Memorandum in accordance with the terms of the Agreement to give public notice of the Agreement and this Memorandum shall not supersede or in any way modify the terms and conditions of the Agreement. The Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, legal representatives, administrators, successors, and assigns. 4. This Memorandum shall expire, and the Agreement shall no longer run with the land, or be considered a cloud upon title, upon the earlier to occur of (i) a termination of the Agreement by Buyer (subject, however, without limiting any rights Buyer may retain which survive a termination of the Agreement); (H) the conveyance and subsequent recording of the Deed of Conservation Agreement From Seller as contemplated by the Agreement; or (iii) the date that is two (2) years from the day and year first above written. [Signawre pages follow] iN WITNESS WHEREOF, the undersigned have executed this Memorandum of Agreement as of the day and year first above written. BUYER: EC❑ TERRA PARTNERS, LLC S :� SEAL Y [ f Name: Luther Theodore Griffith, Jr. Title: Vice -President Date: 115 YJAA Zr7 x l STATE OF iv -v41A C COUNTY OF Lk)o-" On this i day of ZaA,► , 2021, before me personally appeared Luther Theodore Crriffith, Jr., to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year above written. ga�� Notary Public My Commission Expires: My Commission Expires 5-25-2025 2 SELLER: I� (SEAL) BEN R DUNN Date: � t . cu". 7,0 n STATE OF NORTH CAROLINA COUNTY OF WAYNE On this 2.1rday of 202I, before me personally appeared BEN R DUNN, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year above written. Notary Public My Commission Expires: My CW nlSSIM Expires 6-2&2025 SELLER.: >trn.r O.r�� (SEAL) dU to SUR DUNN Date: JO 0,2 STATE OF NORTH CAROLINA COUNTY OF WAYNE On this A day of r 2020, before me personally appeared JULIA SUE DUNN, to me known to be the per n described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year above Nota6 Public My Commission Expires: Mr UnwWssian Expires 5-26-20 voF`� ON W E 140TAjy �= n :yam,, � `- �`R� Exhibit A Legal Description of the Property As to property owned by BEN R DUNN & JULIA SUE DUNN dated 01/1975, that property identified with Parcel #: 2525261229 and conveyed pursuant to that certain Deed recorded at Book Code 00872, Page 0044, in the Register of Deeds, Wayne County, North Carolina. Exhibit A-1 [See Attached Map] Legal Description of the Easement Property Owner County; Parcel ID: Property Location: 100 ft. Buffer Norton Webster 919-548-0949 Norton@ecoterrasarn EcoTerra.com Map Legend Stream of Interest Property Line Potential Project Area 13.30 Acres estoration Area This map is not a certified survey and has not been reviewed by a local government agency for compliance with any applicable land development regulations and has not been reviewed for compliance with recording requirements for plats. Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Appendix F Financial Assurances IWO . eco,kterra Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site FINANCIAL ASSURANCES CONFIDENTIAL The Sponsor will provide financial assurances in the form of a $90,000 Construction Performance Bond to the USACE to assure completion of mitigation construction and planting. Construction and planting costs are estimated to be at or below $90,000 based on the Engineer's construction materials estimate and recent bid tabulation unit costs for construction materials. Following completion of construction and planting the Construction Performance Bond will be retired and a $57,000 Monitoring Performance Bond will be provided to assure completion of seven years of monitoring and reporting, and any remedial work required during the monitoring period. The $57,000 amount includes contingency and estimated monitoring costs from the Engineer. The Monitoring Performance Bond will be reduced following approval of each annual monitoring report. The Monitoring Performance Bond will be retired in total following official notice of site close-out from the IRT. Financial assurances shall be payable to a standby trust or other designee at the direction of the obligee. Financial assurances structured to provide funds to the USACE in the event of default by the Bank Sponsor are not acceptable. A financial assurance must be in the form that ensures that the USACE receives notification at least 120 days in advance of any termination or revocation. The Performance Bonds will be provided by a surety listed with the U.S. Treasury and has an A.M. Best Rating of B or above. All Performance Bonds will be submitted to the USACE in draft form for approval prior to execution. In the event of Sponsor default, Southern Conservation Trust has agreed to receive the funds and ensure the work is successfully completed. Table 16 - Financial Assurances General (e.g., mobilization, erosion control, etc.) $5,000 Sitework $60,000 Structures (e.g., ditch plugs, logs, rocks, coir, etc.) $5,000 Crossings n/a Vegetation $15,000 Miscellaneous/Admin Fees $5,000 Total Monitoring Costs Monitoring Set -Up, As -Built, & Equipment $90,000 $12,000 Year 1 Monitoring and Report $5,000 Year 2 Monitoring and Report $5,000 Year 3 Monitoring and Report $5,000 Year 4 Monitoring and Report $5,000 Year 5 Monitoring and Report $5,000 Year 6 Monitoring and Report $5,000 Year 7 Monitoring and Report $5,000 Maintenance and Contingency $10,000 Total $57,000 SOUTHERN Cr»sr_R\lNr�on TRUST August 9, 2021 Eco Terra Partners 1328 DeKalb Ave NE Atlanta, GA 30307 To Eco Terra Partners, It is our intent to hold a conservation easement on approximately 15 acres off Jordan's Chapel Rd in Sampson County, North Carolina as part of a mitigation project that you, Eco Terra Partners, sponsor. We are agreeable to and intend to serve as the long-term stewards of this site. We estimate we will need approximately $22,500 as a long-term endowment for the responsibilities summarized below. A timeline for our involvement may be provided upon request, as well as SCT policies and procedures on annual monitoring and enforcement. Responsibilities to include: • Drafting the conservation easement deed and sufficient baseline documentation per county, state, and regulatory agency requirements • Coordination of the recordation process for the conservation easement • Review of the mitigation plan to approve long-term steward responsibilities for the unique site • Legal defense of the conservation easement after recordation • Annual monitoring of the site and terms of the easement after recordation, into perpetuity. Per SCT standards we will visit the site annually according to our fiscal year as soon as the easement is recorded and produce and save annual reports of these visits. We will also particularly visit the site: o At least once prior to recordation of the easement o At least once prior to construction o At least once post-construction/prior to closeout o Annually after closeout (April 1 to March 31 fiscal year schedule) • Assist the bank sponsors with appropriate conservation area signage (providing SCT signs) to see that it is posted prior to closeout • Solicitation and receipt of the full long term endowment at least 12 months prior to closeout and transfer into a restricted account • Documentation and coordination of actions to mitigate threats to conservation value and remediate impacts on the site, after closeout • Internal documentation of annual monitoring expenses, drawn from restricted account • Assisting state and federal agencies with required documentation and details in all stages 305 Beauregard Blvd • Fayetteville, Georgia 30214 • www.scflandfrusf.org SOUTHERN CO\Sr_R\lNr�on TRUST The Southern Conservation Trust is a 501(c)(3) nonprofit corporation headquartered in Georgia and currently operating in 11 states. We hold more than 57,000 acres in conservation — in easements, private preserves, and public nature areas. We protect land and water resources on over 1,800 acres of land in North Carolina. SCT is committed to elevating nature through exceptional stewardship. Adjustments to this list of duties and responsibilities can and will be made to meet all mitigation plan and involved party requirements. Please do not hesitate to follow up for clarification of this summary with Director of Conservation & Stewardship Jesse Woodsmith (conservation@sctlandtrust.org or 770-486-7774 ext. 703). Sincerely, Katie Pace Quattlebaum Executive Director/CEO Southern Conservation Trust p: 770.486.7774 Ext. 701 a: 305 Beauregard Blvd., Fayetteville, GA 30214 w:www.sctlandtrust.org e: conservation@sctlandtrust.org 305 Beauregard Blvd • Fayetteville, Georgia 30214 • www.scflandfrusf.org Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Appendix G Preliminary Site Plan IWO . eco,kterra Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site co 133HS 31111 E o LL ON `A1Nnoo 3N"M �vm T o z o 311S NOIIVD111W 1S3UOd U33NO11Of1V i �iaQ� Wj om a W o 0 ' a' am �' W �m mom" g\ N SNV ld N0110f1H.LSNOO V 10HIN00 NOISOU3- ,in Z pb. a d W �a (n z o Z� M �00 ZLLI oaa Z�� O g oc O Oy � W W� 06LL. 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Delia C. Thrasher, Esq. 75 14t' St. NE Suite 2250 Atlanta, GA 30309 PERMANENT CONSERVATION EASEMENT COUNTY OF WAYNE STATE OF NORTH CAROLINA Parcel number: 2525261229 THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of 2021 by and between Ben R Dunn ("Grantor") and Southern Conservation Trust, Inc., a Georgia non-profit corporation ("Grantee"). The designation 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 requiredby context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"). WHEREAS, Grantee is a charitable, not -for -profit, or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes, or powers of which include one or more of the purposes (a) — (d) listed below. (a) retaining or protecting natural, scenic, or open -space aspects of real property. (b) ensuring the availability of real property for recreational, educational, or open - space use. (c) protecting natural resources. (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or f02945175;v2 } 1 aesthetic value of the property in its natural state, which includes the following natural communities: riparian wetlands. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately 16.1 acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area") and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the Umbrella Mitigation Banking Instrument (UMBI) and Final Mitigation Plan for the Auctioneer Forest Mitigation Site, Department of the Army (DA) Action ID Number SAW-2020-01752 , entitled "Agreement to Establish the Eco Terra Neuse 01 Umbrella Mitigation Bank" in the Neuse 03020201 River Basin within the State of North Carolina", entered into by and between Eco Terra Partners, LLC, acting as the Bank Sponsor, and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review Team (IRT). The Auctioneer Forest Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable riparian wetland impacts authorized by DA permits. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the North Carolina Division of Water Resources (NCDWR) and the U.S. Army Corps of Engineers, Wilmington District ("Third Parties," to include any successor agencies), and may be exercised through the appropriate enforcement agencies of the United States and the State of North Carolina, and that these rights are in addition to, and do not limit the rights of enforcement under the NCDWR Project ID #2020-01752 and Department of the Army instrument number SAW-2020-01752 ("Mitigation Banking Instrument") or any permit or certification issued by the Third Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents, and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or f02945175;v2 } 2 interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted, or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration, or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting, or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the Mitigation Plan and Bank Parcel Development Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by Eco Terra Partners, LLC and shall not violate any part of Item L of Article II. F. Roads and Trails. There shall be no construction of roads, trails, or walkways on the Conservation Easement Area, nor enlargement or modification to existing roads, trails, or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. 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. L Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. For purposes of f02945175;v2 } 3 restoring and enhancing streams and wetlands within the Conservation Easement Area, Eco Terra Partners, LLC is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement activities as described in the Mitigation Plan and authorized by Department of the Army Nationwide Permit 27. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that 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. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars, and trucks is prohibited other than for temporary or occasional access by Eco Terra Partners, LLC, the Grantee, its employees and agents, successors, assigns, NCDWR, and the Corps for purposes of constructing, maintaining, and monitoring the restoration, enhancement and preservation of streams, wetlands, and riparianareas within the Conservation Easement Area. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, 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, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors, and assigns, including Eco Terra Partners, LLC acting as the Bank Sponsor, the right to constructand perform activities related to the restoration, enhancement, and preservation of streams, wetlands, and riparian areas within the Conservation Easement Area in accordance with the approved Mitigation Plan, and the Mitigation Banking Instrument described in the Recitals of this Conservation Easement. 1 Notwithstanding, the foregoing Restrictions, Grantor reserves for Grantor, its successors and f02945175;v2 } 4 assigns, the following rights in the areas labeled as "Internal Crossing" on the plat [insert plat name and recorded plat book page number] in the Conservation Easement Area: vehicular access, livestock access, irrigation piping and piping of livestock waste. All Internal Crossings that allow livestock access will be bounded by fencing and will be over a culvert. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, Eco Terra Partners, LLC, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee, the Corps, and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. B. 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 of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be 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. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement. C. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. f02945175;v2 } 5 D. 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 resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; orfrom any prudent action taken in good faith by Grantor 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. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants, and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive �Lny merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified, or terminated without the prior written consent and approval of theColps. C. Assignment. 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 pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3) 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. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: MBI with corresponding Mitigation Plan, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Conservation Easement. If any provision is found to be voidor unenforceable by a court of competent jurisdiction, the remainder shall continue in fullforce and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible f02945175;v2 } 6 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. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state, or local laws, regulationsand permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. If livestock operations will be maintained on the property, Grantor is responsible for all long-term management activities associated with fencing to ensure livestock do not have access to the Protected Property. These activities include the maintenance and/or replacement of fence structures, as deemed necessary by the Grantee, to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Ben R. Dunn 100 Grove Church Rd Mount Olive, NC 28365 Southern Conservation Trust, Inc. Attn: Katie Pace Quattlebaum, E.D. 305 Beauregard Blvd Fayetteville, GA 30214 To S on nsor• Eco Terra Partners, LLC 1328 DeKalb Ave NE f02945175;v2 } 7 Atlanta, GA 30307 To the Cor= U.S. Army Corps of Engineers Wilmington District, Regulatory Division 69 Darlington Avenue Wilmington, CN 28403 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto and provided 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 conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Appendix H of the Mitigation Plan, prepared by Sponsor, and acknowledged by the Grantor and Grantee tobe complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of theConservation Easement Area will be consistent with the terms of this ConservationEasement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversyover its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. [Signatures of the Grantor and Grantee follow] f02945175;v2 } IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Signed, sealed, and delivered in the presence of: Notary Public My Commission Expires: [Notary Seal] GRANTOR: BEN R. DUNN SEAL) The undersigned hereby waives any spousal or property interest arising under the laws of the state of North Carolina, or any other laws. Signed, sealed, and delivered in the presence of: SPOUSE OF GRANTOR: Notary Public JULIE SUE DUNN My Commission Expires: [Notary Seal] f02945175;v2 } 9 (SEAL) GRANTEE: Signed, sealed, and delivered in the presenceof: Notary Public My Commission Expires: [Notary Seal] f02945175;v2 } 10 SOUTHERN CONSERVATION TRUST, INC., a Georgia non-profit corporation By: (SEAL) Name: Katherine Pace Quattlebaum Title: Executive Director EXHIBIT A LEGAL DESRIPTION OF GRANTOR'S PROPERTY f02945175;v2 } 11 I0.4MeIIH118 LEGAL DESCRIPTION OF CONSERVATION EASEMENT f02945175;v2 } 12 a N l J N o ^ 1. Mm 6001 09 � � sz 73 �� bSJN n sIz _dVHJ S_NYO&O/' J w 3 aNnHnHNiMm w z='=avvi N ��W 2`3c N _�—M/b 2 ry Y V 0 Q. W ep OU O p m tag ? Ot CIC _ W Lj Q h O I?�S ol CZI � U II i I � J�� Q Nwl a w o O g3 d� p ow CIO �?o W ti Z O a LQ cE Q Q 8 �I Q y ti O z z z O I I I Q43 = Q I I � j Oc U W Q h I I � I I 0 a LLJ w x ` OITcH _.. — — — OY19'25' O W —— N t?0=11 zz s � _ "O G zs "dz/saarrr;o" eL: VN 3 Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site Appendix I IRT Meeting Minutes IWO . eco,kterra Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Eco Terra Partners, LLC I Auctioneer Forest Wetland Mitigation Site This page has been intentionally left blank 11%20 e66 rC' Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site Memorandum to the Record March 23, 2021 Eco Terra/SWE Comments: in blue Agency Comments for the Eco Terra Neuse 01 (Auctioneer Forest) Umbrella Mitigation Bank Draft Prospectus in Wayne County, NC DA#: SAW-2020-01752 (Public Notice dated March 12, 2021) Sam, Thank you for the opportunity to provide feedback and comments on the Eco Terra Neuse 01 Umbrella Mitigation Bank (UMB) — Draft Prospectus to establish a single site (Auctioneer Forest) in Wayne County, North Carolina. Eco Terra Partners, LLC, the sponsor, proposes to develop this private commercial mitigation bank in the Neuse River Basin, 8-digit Hydrologic Unit Code 03020201. The Umbrella Bank currently includes one project site named Auctioneer Forest Mitigation Bank (AFMB). Eco Terra has presented a potentially suitable plan to provide compensatory mitigation for jurisdictional wetland impacts associated with the US Army Corps of Engineers Clean Water Act Section 404 permit program. Preliminary mitigation estimates are that the AFMB will produce 14.23 Wetland Mitigation Units in the Neuse River 01 Geographic Service Area. Note: It is understood that site visits may have been made by IRT members and other project managers during the development of site feasibility to provide mitigation credit. In that regard, I feel it is necessary to mention that I have not been on -site during this process and that my comments may reflect a lack of on -site observation and evaluation. The EPA Region 4 Oceans, Wetlands and Streams Protection Branch offers the following site - specific comments as they pertain to the Auctioneer Mitigation Bank — Draft Prospectus dated February 2021 and the Public Notice for SAW-2020-01752 dated March 12, 2021: 1. General: The draft prospectus states that the bank name is Auctioneer Forest Mitigation Bank and has only a single site; Auctioneer Forest. The current public notice for an umbrella mitigation bank states that the bank name is the Eco Terra Neuse 01 Umbrella Mitigation Bank. It appears on the surface that the prospectus is for a single site called AFMB with no hint of this being an UMB. Whether this project is part of an umbrella bank or a bank with a single site, I highly recommend choosing a name and instrument type and being consistent to avoid confusion. Noted. The Project will be named Eco Terra Neuse 01 Umbrella Mitigation Bank - Auctioneer Forest Mitigation Site. 2. General: Recommend adding the latest jurisdictional determination of waters in adjacent parcels to determine if this site will maintain jurisdiction and not be considered an isolated feature when the wetland area is reestablished. An NCDWR stream determination was performed to show the presence of a riparian wetland system and connection to jurisdictional waters. 3. Table 1/Page 3: Will the ditches be plugged or filled? Are the waters in the adjacent forest jurisdictional with a connection to the wetland proposed for reestablishment? Three ditch plugs are proposed for project design and construction. Perimeter and interior ditches will be filled to the extent possible with available ditch overburden and excavated vernal pool materials. 4. Current Ownership/Page 4 and Appendix A: Please note and correct the date of the purchase agreement for Julia Sue Dunn. The signed date and the notarized date do not match. Noted. An amended purchase and sale agreement will correct the document. 5. Existing Conditions/Page 9: Recommend verifying status of UT to Falling Creek with a NCSID form or similar approach to ensure jurisdiction maintained. The adjacent wetland forest may be keeping JD intact, but this should be confirmed. An NCDWR stream determination was performed on Oct. 7, 2020 and will be included in the Draft Mitigation Plan. This stream feature shows jurisdiction will be maintained. 6. Page 10: Recommend adding a citation for the population statistic presented. Not sure if this is from the Neuse RBRP update of 2018 or not. Noted and added to the Draft Mitigation Plan. 7. Page 11: Without a drainage area map to consult, it is difficult to determine where the currently drained locations to the east of the project will go once the ditches within the project are plugged/filled. The LiDAR image suggests that the land/pasture to the east will not drain well and could create wetter soil conditions for the landowner. LiDAR and existing topography show there are multiple drainage pathways for the landowner to the east and the existing jurisdictional stream closest to the project will provide connection and site drainage. Page 12: The upland buffer along the pasture perimeter is an excellent feature for minimizing encroachment and detrimental effects of the continued pasture use for livestock and land application of hog lagoon effluent. Recommend 50-foot minimum width. A 50-foot buffer will be maintained between the restored wetlands and existing pasture land uses. 9. Page 13: Please list the name of the airport (Cox -Grantham Airfield) in the discussion of aviation considerations. Noted and added to the Draft Mitigation Plan. 10. Page 13: In the discussion of taking the perimeter ditches out of service, please include if they will be plugged or filled entirely. Current description alludes to both. Noted. Three ditch plugs are proposed for project design and construction. Perimeter and interior ditches will be filled to the extent possible with available ditch overburden and excavated vernal pool materials. 11. Table 5/Page 14: Will other species along with longleaf pine be planted in the upland ridge? Be sure to add the wetland indicator status for each species considered in the draft mitigation plan. Additional species will be planted in the upland ridge and provided in Table 8 of the Draft Mitigation Plan. 12. Page 15: With so little of the site (if any) receiving runoff from the adjacent pasture, how will Falling Creek receive fewer pollutants if those pollutants will now just be concentrated to run offsite to the north via the existing ditch system? It seems that the only actual functional uplift will be to the restored parcel itself. The claim of the reduction in sediment, nutrients and fecal coliform seems dubious unless there is a significant reduction in the adjacent land use for pasture and land application of hog lagoon waste. While most of the pollutant removal and uplift is limited to the Site, some reduction in pollutants, albeit small, to Falling Creek will occur as the Site will be connected to a jurisdictional stream flowing directly to Falling Creek. 13. Page 18: Recommend a slight change in the verbiage of the bank going into long- term management. The "bank" will not go into long-term stewardship until all performance standards are met along with MT approval following site closeout. Noted and amended in the Draft Mitigation Plan. 14. General: Recommend the sponsor add the wetland category type going forward (riparian or non -riparian). Noted and amended in the Draft Mitigation Plan. Thank you for the opportunity to provide feedback, comments, and concerns with the Eco Terra Neuse 01 UMB — Draft Prospectus in Wayne County, NC. Eco Terra has provided a potentially suitable plan to restore and greatly improve wetland function within the project and provide 14.23 Wetland Mitigation Units in the Neuse River 01 Geographic Service Area. If you or the sponsor have any questions or need clarification on any of the comments stated above, please contact me at 404-562-9225 or at bowers.todd@epa.gov. Best Regards, Todd Bowers Comments submitted to Samantha Dailey (SAW -PM) and IRT Chair via email on March 23, 2021