20220139 Ver 2_Draft Salem Nutrient Offset Plan_20220613

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Mitigation Project Submittal - 6/13/2022
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Stream Wetlands Buffer Nutrient Offset
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Catherine Roland
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20220139
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DMS • Mitigation Bank
Salem Nutrient Offset Bank
Wayne
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Catherine Roland

Salem Nutrient Offset Banl<
Bank Parcel Development Package
DWR #2022-0139 V2
Wayne County, North Carolina
Neuse River Basin (HUC 03020201)
June 2022
/5/22, 9:29 AM
Wayne Count
4 y
asr b`` k k 'ate -. . p� .!
a • P
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,a
Prepared by:
WATER & LAND SOLUTIONS
7721 SIX FORKS ROAD, SUITE 130, RALEIGH, NC 27615
(919J 614-5111 waterlandsolutions.com

Salem Nutrient Offset Bank
DWR #2022-0139v1
Table of Contents
1 Introduction 4
1.1 Project Location 4
1.2 Project Description 4
2 Project Area - Existing Conditions 5
2.1 Ditch Descriptions 5
2.2 Existing Wetlands 5
2.3 Soils 5
2.4 Existing Vegetative Communities 5
2.5 Threatened and Endangered Species 6
2.6 Cultural Resources 6
2.7 Constraints 6
2.8 FEMA Floodplain / Floodway Mapping 6
3 Proposed Neuse Riparian Restoration Plan 6
3.1 Parcel Preparation 7
3.2 Riparian Restoration Activities 7
3.3 Planting 7
4 Monitoring and Maintenance Plan 8
4.1 Monitoring Protocol 8
4.2 Performance Standards for Vegetation 9
4.3 Photo Reference Stations 9
4.4 Visual Assessment 9
4.5 Reporting Performance Criteria 9
4.6 Conservation Easement and Long -Term Management Plan 9
4.7 Adaptive Management Plan 10
4.8 Financial Assurances 11
5 Mitigation Potential 11
6 Citations 17
Page 2

Salem Nutrient Offset Bank
DWR #2022-0139v1
Figures
Figure 1 Project Location Map
Figure 2 Geographic Service Area Map
Figure 3 USGS Topographic/FEMA Map
Figure 4 NRCS Soils Map
Figure 5 Existing Conditions Map
Figure 6 Nutrient Offset Conceptual Plan
Figure 7 Proposed Monitoring Features
Appendices
Appendix A NCDWR Determination and Viability
Appendix B Photo Log
Appendix C Model Conservation Easement & Engagement Letter
Appendix D USFWS IPaC Letter & Species List
Page 3

Salem Nutrient Offset Bank
DWR #2022-0139v1
1 Introduction
Water & Land Solutions, LLC (WLS) is submitting the Salem Nutrient Offset Bank ("Site") under the WLS
Salem Nutrient Offset Banking Instrument ("NOBI"). The proposed Bank is being developed as a private
nutrient bank in conjunction with the North Carolina Department of Environmental Quality (NCDEQ)
Division of Water Resources ("NCDWR"). The Site will be planned and designed according to the NOBI 15A
NCAC 02B 0.703, which became effective on November 1, 2015. The project will meet the general
restoration and protection goals outlined in the 2010 Neuse River Basin Restoration Priority Plan (RBRP).
This Site is proposed to provide nutrient offset mitigation credits for unavoidable impacts due to
development in the Neuse River Basin, United States Geologic Survey (USGS) 8-digit Hydrologic Unit Code
(HUC) 03020201. The Site's nutrient mitigation service area is depicted in Figure 2.
1.1 Project Location
The Site (35.456793, -77.993107) is located in Wayne County, North Carolina, between the Town of
Pikeville and the City of Goldsborough (Figure 1). The site boundary is within the 8-digit HUC 03020201
and is located in Buck Swamp- Little River subwatershed (030202011604). To access the site from Raleigh,
NC, follow US Interstate 40 East towards Benson/Wilmington. Take Exit 309 for US-70 East towards
Smithfield/Goldsboro. Continue onto US 70 bypass East. Then take Exit 356 for US-117 towards Goldsboro.
Follow Belfast Road to Salem Church Road, turn right onto Salem Church Rd and the site will be on the
right.
1.2 Project Description
The Site encompasses land along six ditches that flow into an unnamed tributary to Hook's Mill Creek in
Wayne County, NC, and is characterized by active fields. The project ditches have been maintained for
agricultural drainage. Currently, the land use and ditches act as sources of nutrient contamination to the
project watershed and the Neuse River.
The project will involve the restoration of Neuse buffers to help reduce non -point source discharge of
contaminants into streams within the Neuse River basin. The project area is comprised of an easement
and is approximately 12.32 acres. The Site drains to Mill Creek and then into the Little River which is listed
as 'Class C' and Nutrient Sensitive Waters (C; WS-IV NSW), according to the North Carolina Division of
Water Resources (DWR) (2019). From the Site Hook's Mill Creek flows 1.5 miles southeast to its confluence
with Buck Swamp. Buck Swamp flows another 2,000 ft until its confluence with the Little. The Little River
drains southeast to its confluence with the Neuse River in Goldsboro, North Carolina.
Within the 12.32-acre conservation easement, 12.32 acres will be restored for nutrient credit. NCDWR
performed an onsite Site Viability for Buffer Mitigation and Nutrient Offset on February 4, 2022 (letter
dated April 29, 2022) for the Site (Appendix A). A corrected letter dated June 9, 2022 was issued to correct
the errors on Figure X and Figure 1, the corrected letter can be found in Appendix A.
Page 4
4

Salem Nutrient Offset Bank
DWR #2022-0139v1
2 Project Area - Existing Conditions
2.1 Ditch Descriptions
This site has two ditches (Ditch 1 and Ditch 3) that were determined viable for Nutrient Offset. Ditch 1
flows north and then takes a ninety degree turn west and feeds directly into Stream A. The top of Ditch 1
is surrounded by agricultural fields on both sides. When Ditch 1 takes a ninety degree turn the left bank
is an agricultural field, and the right bank is residential parcels. Ditch 3 flows north and feeds directly into
Stream A. The left bank of Ditch 3 is residential parcels, and the right bank is an agricultural field.
2.2 Existing Wetlands
Based on preliminary site investigations it was determined that there are no jurisdictional wetlands
present within the proposed project.
2.3 Soils
The Site is in the Rolling Coastal Plain ('65m') US Environmental Protection Agency Level IV Ecoregion and
the North Carolina Coastal Plain Physiographic Province. As shown on the NRCS Soils Map (Figure 4), there
are three main soil types on the Site: Dragston loamy sand, Rains sandy loam, and Weston loamy sand.
Table 1. Project Soil Types
Soil Name
Dragston loamy
sand (Dr)
(24.7% of
easement)
Rains sandy loam
0-2% slopes (Ra)
(71.9% of
easement)
Weston loamy
sand (We)
(3.4% of
easement)
Hydric
Description
No Somewhat poorly drained soil on broad, smooth, flats of interstream
divides. Slopes from 0 to 2 percent. Infiltration is moderate and surface
runoff is slow.
No Poorly drained soil in oval depressions and on smooth flats in broad areas
between streams. Slopes are 0 to 2 percent. Infiltration is moderate and
surface runoff is slow, with ponding water in some places.
No Poorly drained soils on smooth flats and in depressions on broad inter
stream divides. Slopes are 0 to 2 percent. Infiltration is moderate and surface
runoff is slow, with ponding water in some places.
2.4 Existing Vegetative Communities
Land use surrounding the project area has been primarily agricultural for several decades. Before
anthropogenic land disturbances, the vegetation community likely consisted of Wet Pine Flatwood in the
project area (Schafale 2012). The existing vegetation within the project area is active agricultural fields.
The project area is primarily bare ground with some shrubs and herbaceous cover adjacent to the
maintained ditch network.
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Salem Nutrient Offset Bank
DWR #2022-0139v1
Table 2. Existing Site Vegetation
Understory & Woody Shrubs
Herbaceous & Vines
Common Name
Scientific Name
Black willow
Salix nigra
Sweetgum
Broadleaf cattail
Switchcane
Soft rush
Liquidambar sryraciflua
Typha latifolia
Arundinaria tecta
Juncus effusus
2.5 Threatened and Endangered Species
Based on a review of the US Fish and Wildlife Service (USFWS) database, there are currently seven
federally listed threatened and endangered species known to occur in Wayne County: (E) Red -cockaded
woodpecker (Picoides borealis), (E) Dwarf wedgemussel (Alasmidonta heterodon), (E) Tar river
spinymussel (Parvaspina steinstansana), (E) Carolina Madtom (Noturus furiosus), (T) Yellow lance (Elliptio
lanceolata), (T) Atlantic Pigtoe (Fusconaia masoni) and (T) Neuse River Waterdog (Necturus lewisi). WLS
submitted a self -certification letter through the USFWS Information for Planning and Consultation
database (IPaC) (Appendix D). The project implementation is not likely to adversely affect any
federally protected species.
2.6 Cultural Resources
In accordance with the National Historic Preservation Act, WLS investigated and confirmed that the
proposed project area and property do not contain nor are they adjacent to any properties listed in the
National Register of Historic Places or the North Carolina State Historic Preservation Office (NCSHPO).
There are three survey -only sites (Brown House- WY0353, House- WY0352, and Herring -Mooring House-
WY0351) located 600 feet east of the conservation easement. These sites are not currently listed in the
National Register of Historic Places, nor will there be any ground -disturbing activities.
2.7 Constraints
There is an existing power line that runs east to west on the bottom edge of the parcel. This powerline
will not be in the conservation easement and therefore is not a concern for the project.
2.8 FEMA Floodplain / Floodway Mapping
This project is not located within a FEMA-regulated floodplain.
3 Proposed Neuse Riparian Restoration Plan
Riparian restoration adjacent to the ditches approved by the NCDWR in their letter dated April 29, 2022
and corrected letter dated June 9, 2022 (Attachment A). All restoration activities along the ditches will
begin from the tops of the banks and extend a maximum of 200 feet perpendicular to the ditch where
possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015). Figure 6 depicts the restoration
plan based on existing conditions. The restoration of the Site will require converting existing agricultural
Page 6

Salem Nutrient Offset Bank
DWR #2022-0139v1
land use practices into a dense and diverse vegetated riparian forest. The riparian areas will be planted
with appropriate native tree species. The restoration will provide stabilization and improve water quality
to tributaries that drain directly into the Little River.
3.1 Parcel Preparation
The current land uses adjacent to the ditches are primarily active farmland (Figure 5). The riparian
restoration areas will require limited site preparation due to current tilling practices and a lack of
hardened plow layers. Prior to planting, soil samples will determine if soil amendments are needed to
support the planted trees.
3.2 Riparian Restoration Activities
Riparian restoration is proposed for both sides of Ditch 1 and after the ditch turns ninety degrees the left
bank on Ditch 1 and the right bank on Ditch 3. All ditches have stable banks, and no bank stabilization or
earthwork is required. The revegetation plan for the entire riparian restoration area will include planting
native bare root tree species. WLS will utilize herbicide and hand pruning to control invasive species and
other undesirable vegetation during the monitoring period to promote the growth of the target
community and achieve success criteria. If mowing is necessary by WLS during the monitoring period, WLS
will receive approval from NCDWR prior to any mowing activities. If necessary, WLS will develop a species -
specific control plan.
3.3 Planting
The specific vegetation species composition planting selection is based on the community type,
observation of the occurrence of species in riparian buffers adjacent to the Site, and best professional
judgment on species establishment and anticipated site conditions in the initial years following project
implementation.
Tree plantings at a density sufficient to meet the performance standards outlined in Rule 15A NCAC 02B
0295 of 260 hardwood trees per acre will occur at the end of five years. Proposed plantings will
predominantly consist of bare root vegetation and will be planted at a total target density of 680 stems
per acre. No one tree species will be greater than 50 percent of the established stems. Planting is
scheduled for Winter 2023 and the list of potential species is shown in Table 3; however, the actual
planting list will be provided in the As -Built report.
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Salem Nutrient Offset Bank
DWR #2022-0139v1
Table 3. Tree Planting List
Scientific Name
Common Name
Proposed for Planting
by Species
Riparian Buffer Bare Root Plantings—Overstory
(Proposed 8' x 8' Planting Spacing @ 680 Stems/Acre)
Wetland Tolerance
Fraxinus pennsylvanica
Betula nigra
Quercus phellos
Green ash
River birch
Willow oak
Quercus laurifolia
Platanus occidentalis
Quercus alba
Ulmus americana
Carpinus caroliniana
Laurel oak
American sycamore
White oak
American elm
American hornbeam
Quercus nigra Water oak
Magnolia virginiana Sweetbay magnolia
Persea borbonia Redbay
3%
12%
10%
10%
15%
8%
8%
8%
10%
8%
8%
4 Monitoring and Maintenance Plan
FACW
FACW
FACW
FACW
FACW
FACU
FAC
FAC
FAC
FACW
FACW
The performance criteria for the Site follow the approved performance criteria presented in the guidance
documents outlined in the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual monitoring and semi-
annual site visits will be conducted to assess the condition of the finished project. The riparian restoration
project is assigned specific performance criteria components for vegetation. Performance criteria is
evaluated throughout the five-year post -construction monitoring, the components as outlined below.
4.1 Monitoring Protocol
Permanent vegetation monitoring plots are installed and evaluated within the riparian restoration areas
to measure the survival of the planted trees. Riparian vegetation monitoring will be based on the Carolina
Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot
Sampling Only Version 4.2. Annual vegetation monitoring will occur each year for a minimum of five years
on the riparian restoration areas and will be conducted during the fall season with the first year occurring
at least five months from initial planting. Nine vegetation monitoring plots will be installed, and will be
100 meters squared in size, and will cover at least two percent of the 12.32 acres of the riparian
restoration area. Plots will be randomly placed throughout the planted riparian areas. The approximate
location of the plots is shown in Figure 7. Photos will be taken from all photo points each monitoring year
and provided in the annual reports. All planted stems will be marked with flagging tape and recorded.
The following data will be recorded for all trees in the plots: species, common name, height, planting date
(or volunteer), and grid location. The total number of volunteer woody stems will also be documented
and reported. Appropriate native volunteer stems of native hardwood tree species may be included to
meet the performance standards upon NCDWR approval.
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Salem Nutrient Offset Bank
DWR #2022-0139v1
4.2 Performance Standards for Vegetation
The measures of vegetative success for the Parcel will be the survival of at least four native hardwood
tree species, where no one species is greater than 50 percent of the established stems, established at a
density of at least 260 planted trees per acre at the end of Year 5. Appropriate native volunteer stems of
native hardwood tree species may be included to meet the performance standards upon NCDWR
approval. WLS shall submit the annual monitoring report to NCDWR by December 15Y of each year for five
consecutive years.
4.3 Photo Reference Stations
Photographs will be taken within the project area once a year to visually document stability for five years
following construction. Permanent markers will be established and located with GPS equipment so that
the same locations and view directions on the Site are photographed each year. Visual inspections and
photos will be taken to ensure that preservation and enhancement areas are being maintained and
compliant.
4.4 Visual Assessment
Visual assessments should support the specific performance standards for each metric as described
above. Visual assessments will be performed within the Site on a semi-annual basis during the five-year
monitoring period. Problem areas with vegetative health will be noted (e.g., low stem density, vegetation
mortality, invasive species, or encroachment). Areas of concern will be mapped and photographed
accompanied by a written description in the annual report. Problem areas will be re-evaluated during
each subsequent visual assessment. Should remedial actions be required, recommendations will be
provided in the annual monitoring report.
4.5 Reporting Performance Criteria
Within 30 calendar days after the Site has been completed and all nutrient offset areas have been planted,
WLS will submit a written notification to NCDWR that documents that all nutrient offset activities have
been committed and that the conservation easement has been marked. Complete monitoring reports will
be prepared in the fall of each monitoring year and submitted to NCDWR. Annual monitoring reports will
be based on the most recent NCDWR Template. The monitoring period will extend five years beyond the
completion of site plating or until performance criteria have been met.
4.6 Conservation Easement and Long -Term Management Plan
The Project will be protected in perpetuity by a recorded conservation easement. The conservation
easement will allow for annual monitoring and maintenance of the Project during the monitoring phase.
Upon final site approval and project closeout, the Project stewardship will be transferred to an approved
long-term stewardship program. WLS has partnered with Unique Places To Save (UP2Save) as the long-
term steward for the Project site (See Appendix C for conservation easement template and engagement
letter).
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Salem Nutrient Offset Bank
DWR #2022-0139v1
Unique Places To Save
Attn: Michael Sisco
PO Box 1183
Chapel Hill, NC 27514
803-553-1644
[e-mail]
This party shall serve as conservation easement holder and long-term steward for the property and will
conduct periodic inspection of the Project to ensure that restrictions required in the conservation
easement are upheld. Any endowment funds for the conservation easement and deed restrictions shall
be negotiated prior to transfer to the responsible party. Funding will be supplied by the responsible party
on a yearly basis until such time and endowments are established. The use of funds from the Endowment
Account is governed by NC General Statute GS 113A-232(d) (3). Payments and interest gained by the
endowment fund may be used only for stewardship, monitoring, stewardship administration, and land
transaction costs, if applicable. The management activities will be conducted in accordance with the terms
and conditions of the approved NOBI as agreed to by WLS, USACE, and the IRT.
Conservation easement boundaries will be identified in the field to ensure a clear distinction between the
Site and adjacent properties. Boundaries may be identified by a fence, marker, bollard, post, tree blazing,
or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked
with signs identifying the property as a mitigation site and will include the name of the long-term steward.
All boundary markers will be installed prior to the submittal of the As -Built report. The easement boundary
will be checked annually as part of monitoring activities, and the conditions as well as any maintenance
performed will be reported in the annual monitoring reports.
The land required for riparian area planting, management, and stewardship of the mitigation project
includes portions of the parcel listed in Table 4. An offer to purchase the property was signed on January
4, 2022, with a settlement date of June 15, 2022. Water & Land Solutions will purchase the parcel from
the seller. Once WLS purchases the parcel a conservation easement of 12.32 acres will be established on
the parcel and be recorded at the Wayne County Register of Deeds.
Table 4. Existing Property Owner
Owner of Record
N/F
PIN
County Site Protection Deed Book Acreage
Instrument and Page Protected
Numbers
Michael Warrick Privott
MaryClair Privott
2692828741 Wayne
Conservation
Easement
Book: 1937
Page: 429
12.32
4.7 Adaptive Management Plan
In the event the site or a specific component of the site fails to achieve the necessary performance
standards as specified in the approved Plan, WLS shall notify and coordinate with NCDWR to develop a
remedial action plan. The remedial action plan should describe the source or reason for the failure, a
concise description of the corrective measures that are proposed, and a time frame for the
implementation of the corrective measures.
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Salem Nutrient Offset Bank
DWR #2022-0139v1
4.8 Financial Assurances
Following approval of the Salem Plan, WLS will provide financial assurances in the form of a Performance
Bond from a surety that is rated no less than A -"as rated by A.M. Best. Financial assurances will be payable
at the direction of the NCDWR to its designee or to a standby trust. The initial performance bond will be
for 100 percent of the implementation costs, but not less than $150,000. In lieu of posting the
performance bond, the Sponsor may elect to construct the project prior to the first credit release.
After completion of the construction and monitoring devices, a monitoring bond for $100,000 will be
secured to implement the monitoring and maintenance of the riparian restoration areas for a minimum
of five years.
Performance bonds for monitoring shall be renewed to cover the next year's monitoring period, with
confirmation of renewal provided to NCDWR with each annual monitoring report when applicable.
NCDWR reserves the right to alter the credit release schedule if monitoring reports are submitted without
proof of bond renewals when applicable.
5 Mitigation Potential
Out of 12.32 acres that will be protected with a permanent conservation easement, 11.17 acres
(486,565.2 ft2) are proposed to generate nutrient restoration credits. The total potential nutrient credit
that the Site will generate is summarized in Table 5 and is 486,530 square feet which yield 25,387.786
nutrient credits. Nutrient Offset credit is proposed from 0'-200' along Ditch 1 and Ditch 3. These areas are
not convertible to Riparian Buffer Credit per the NOBI. The nutrient offset credit generating area is entirely
cleared active agricultural land (unforested) and includes a 0.05-acre deduction on each side of a non -
diffuse flow entry point into the proposed easement, per NCDWR Buffer Interpretation/Clarification 2008-
019.
Page 11

Table 5. Proposed Mitigation Credits
Table 5. Salem, 2022-0139 V1, Project Credits
Project Area
N Credit Conversion Ratio (fe/pound)
P Credit Conversion Ratio (ft2/pound)
Neuse 03020201- Outside Falls Lake
19.16394
N/A
Credit Type
Location
Subject? (enter
NO if
ephemeral or
ditch')
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
Total Area (ft2)
Total(Creditable)
Area of Buffer
Mitigation (fe)
Initial Credit
Ratio (x:l)
%Full CreditRatio
Final Credit
(x:1)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible to
Nutrient Offset?
Delivered
Nutrient Offset:
N (Ibs)
Delivered
Nutrient Offset:
P (Ibs)
Nutrient Offset
Rural
No
Ditch
Restoration
0-100
D1
235,875
1
100%
No
—
Yes
12,308.273
—
Nutrient Offset
Rural
No
Ditch
Restoration
101-200
DI.
197,202
1
33%
No
—
Yes
10,290.264
—
Nutrient Offset
Rural
No
Ditch
Restoration
0-100
D3
32,513
1
100%
No
—
Yes
1,696.572
—
Nutrient Offset
Rural
No
Ditch
Restoration
101-200
D3
20,940
1
33%
No
—
Yes
1,092.677
—
Totals (ft2):
Total Buffer (ft2):
Total Nutrient Offset (ft2):
Total Ephemeral Area (ftz) for Credit:
Total Eligible Ephemeral Area (ftz):
Enter Preservation Credits Below Total Eligible for Preservation (ft):
486,530
0
Ephemeral Reaches as % TABM
Preservation as % TABM
0.000
25,387.786
0.000
0
0
486,530
N/A
0
0
0
0.0%
0
0.0%
Credit Type
Location
Subject?
Feature Type
Mitigation Activity
Min -Max Buffer
(ft)
Feature Name
Total Area (sf)
Total (Creditable)
Area for Buffer
Mitigation (fe)
Initial Credit
Ratio (x:l)
%Full CreditWidth
Final Credit
Ratio (x:1)
Riparian Buffer
Credits
Preservation Area Subtotals (ft):
0
0
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
0
0.000
Enhancement:
0
0.000
Preservation:
0
0.000
Total Riparian Buffer:
0
0.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Square Feet
Credits
Nutrient Offset.
Nitrogen:
486,530
25,387.786
Phosphorus:
0.000
4

6 Citations
Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2.
http://cvs.bio.unc.edu/protocol/cvs-eep-protocolv4.2- lev1-2.pdf.
NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
(RBRP) Division of Mitigation Services, 2010, amended 2018. Neuse River Basin Watershed Restoration Priorities (RBRP).
August 2018.
Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural
Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC.
United States Department of Interior, Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North
Carolina (County Listing). Wayne County. 2017.
United States Department of Agriculture, Natural Resources Conservation Service Soil Survey Division. 1994. Soil Survey,
Wayne County, NC.
Page 17

Figures
Figure 1— Project Location Map
Figure 2—Geographic Service Area Map
Figure 3 — USGS Topographic/FEMA Map
Figure 4— NRCS Soils Map
Figure 5 — Existing Conditions Map
Figure 6— Nutrient Offset Concept Map
Figure 7— Proposed Monitoring Features

Legend
Q Proposed Conservation
Easement
• Project Location
n Parcel Boundary
Existing Stream
Q HUC-8
HUC-12
Wayne County
NC Counties
50 100
Miles
Project is located in:
HUC8 - 03020201
HUC12 - 030202011604
,a9" 1,600
Hhnnant 116
F
aT
5 mil`—^ 10
Miles
35.456793,-77.9931071
Site Access
Stin Pow etor
Greene
County
La Grange
Lenoir
County
WATER & LAND'HUC8
SOLUTIONS
Salem Mitigation Project
Upper Neuse 03020201
Wayne County, North Carolina
Project Location4
Map
Figure
1
Map Projection: NAD_1983_StatePlane_NC_FIPS_3200_Feet
Date: 6/9/2022
Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Inlermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c)
OpenSireelMap contributors, and the GIS User Community

Springs
Fuquay-
Lillington
Walkertown
ring Lake
Coats
Buies Creek
0 4 8
16
1 inch = 8 miles
Miles
Wake Forest
err.
Knigh '' ale
Clayton
Wendell
Four Oaks
Louisburg
• Site Location
r HUC8 - Neuse 01 (03020201)
Rerl Oak
Site Location
Wilson
WATER & LAND
SOLUTIONS
Salem Mitigation Project
HUC8 Upper Neuse 03020201
Wayne County, North Carolina
Geographic Service
Area Map
Figure
2
Map Projection: NAD_1983_StatePlane_North_Carolina_FIPS_3200_Feet
Date: 5/13/2022
Service Layer Credits_ Sources_ Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri Chine (Hong Kong), Esri
Korea, Esri (Thailand), NGCC, (c) Open StreetMap contributors, and the GIS User Community

S UNFI d y.EW f]R
Q Proposed Conservation Easement
Q Parcel Boundary
FEMA Floodzone
100-yr (Zone AE)
%/ 100-yr (Zone AE Floodway)
500-yr (Zone X)
(USGS: Northeast Goldsboro)
0 500 1,000
2,000
1 inch = 1,000 feet
Feet
WATER & LAND
SOLUTIONSHUC
Salem Mitigation Project
8 Upper Neuse 03020201
Wayne County, North Carolina
USGS Topo
FEMA Floodplain Map
Figure
3
Map Projection: NAD_1983_StatePlane_NC_FIPS_3200_Feet
Date: 6/9/2022

1972 Soil Survey of Wayne County, NC - Map 10
Q Proposed Conservation Easement
Parcel Boundary
Dr: Dragston loamy sand
Ra: Rains sandy loam
We: Weston loamy sand
0 200 400
1 inch = 400 feet
800
Feet
4WATE R & LAND
SOLUTIONS
Salem Mitigation Project
HUC 8 Upper Neuse 03020201
Wayne County, North Carolina
NRCS
Soils Map
Figure
4
Map Projection: NAD_1983_StatePlane_NC_FIPS_3200_Feet
Date: 6/9/2022

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Salem Mitigation Project Figure
WATER & LAND HUC 8 Upper Neuse Existing
o
Wayne County, North Carolina Conditions Map
SOLUTIONS5
Map Projection:NAD_1983_StatePlane_NC_FIPS_3200_Feet Date:6/9/2022

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Salem Mitigation Project Figure
WATER & LAND HUC 8 Upper Neuse 03020201 Nutrient Offset
4Wayne County, North Carolina Concept Map
SOLUTIONS6
Map Projection:NAD_1983_StatePlane_NC_FIPS_3200_Feet Date:6/10/2022

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Salem Mitigation Project Figure
WATER & LAND HUC 8 Upper Neuse 03020201 Proposed
Wayne County, North Carolina Monitoring Features 7
SOLUTIONS
Map Projection:NAD_1983_StatePlane_NC_FIPS_3200_Feet Date:6/13/2022

Appendix A
NCDWR Determinations and Viability

DocuSign Envelope ID: AC29253E-6E54-4A55-8C9E-F13A1 C9871 D9
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Adam McIntyre
Water & Land Solutions, LLC
[e-mail]
NORTH CAROLINA
Environmental Quality
April 11, 2022
Project 20220139 V1
Wayne County
Subject: Applicability to the Neuse River Basin Buffer Rules 15A NCAC 02B .0714
Project: Privott Property Buffer Site
Address: Old Salem Church Rd., Goldsboro, NC 27530, Wayne County
Location: Lat., Long: 35.456332, -77.994253
Dear Mr. McIntyre:
On February 4, 2022, Shelton Sullivan of the Division of Water Resources (DWR) conducted
an on -site review of features located on the Privott Property Buffer Site in Wayne County to
determine the applicability of features on the site to the Neuse River Basin Riparian Area
Protection Rules, Title 15A North Carolina Administrative Code 02B .0714. Katie Merritt
with DWR and Adam McIntyre with Water & Land Solutions, LLC accompanied Shelton
Sullivan during the site visit.
The enclosed map(s) depict the feature(s) evaluated and this information is also summarized
in the table below. Streams were evaluated for being ephemeral, at least intermittent, and
for subjectivity to the Neuse River Basin Riparian Area Protection Rules. Streams that are
considered "Subject" have been located on the most recently published County NRCS Soil
Survey and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s),
have been located on the ground at the site, and possess characteristics that qualify them to
be at least intermittent streams. Features that are considered "Not Subject" have been
determined to not be at least intermittent, not present on the property, or not depicted on
the required maps.
This determination only addresses the applicability to the buffer rules within the
proposed easement and does not approve any activity within buffers or within waters
of the state. There may be other streams, wetlands, ponds, or other features located
on the property that appear or do not appear on the maps referenced above. Any of
the features on the site may be considered jurisdictional according to the US Army
Corps of Engineers and subject to the Clean Water Act.
GDE
Depot -Mont of rnVllnnnlentaf auai;�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: AC29253E-6E54-4A55-8C9E-F13A1 C9871 D9
Page 2 of 3
Privott Property Buffer Site
Project 20220139 V.1
The following table addresses the features observed and rated during the DWR site visit. See
attached maps with DWR labeled features listed below.
Feature ID
Feature Type:
stream
(ephemeral,
intermittent,
perennial),
ditch, swale,
wetland, other
Subject to
Buffer
Rules
Start @
Stop @
Depicted
on
Soil Survey
Depicted
on
USGS Topo
Stream A
Stream- at least
intermittent
Yes
Start Point
indicated on map,
Ditch 1/Stream
transition, Just
above confluence
with Ditch 3
Continues
downstream,
beyond
project
boundary,
across Adler
Ln.
Yes
Yes
Ditch 1
Ditch
No
Northern
property
boundary
Confluence
with Stream A
and Ditch 3
Yes
Yes
Ditch 2
Ditch
No
Eastern side of
project
Confluence
with Ditch 1
No
Yes
Ditch 3
Ditch
No
Western property
boundary toward
Alder Ln.
Confluence
with Stream A
Yes
No
Ditch 4
Ditch
No
Not evaluated
Not evaluated
No
No
Ditch 5
Ditch
No
Not evaluated
Not evaluated
No
No
Ditch 6
Ditch
No
Not evaluated
Not evaluated
No
No
* E: Ephemeral, I: Intermittent, P: Perennial
This on -site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute this determination made by the DWR may
request an appeal determination by the Director of Water Resources. An appeal
request must be made within sixty (60) calendar days of the date of this letter to the
Director in writing.
If sending via U.S. Postal Service:
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604

DocuSign Envelope ID: AC29253E-6E54-4A55-8C9E-F13A1 C9871 D9
Page 3 of 3
Privott Property Buffer Site
Project 20220139 V.1
This determination is final and binding as detailed above unless an appeal is requested
within sixty (60) calendar days of the date of this letter.
If you have any additional questions or require additional information, please contact
Shelton Sullivan at [e-mail] or 919-707-3636. This determination is
subject to review as provided in G.S. 150B.
Sincerely,
—DocuSigned by:
�e 141,0 Oki
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Attachments: Site Map with labels, Photo, USGS Topographical Map, NRCS Soil Survey
cc: 401 & Buffer Permitting Branch Laserfiche File
Daniel Ingram, [e-mail]
Catherine Roland, [e-mail]
Michael Privott., PO Box 1767, Mooresville, NC 28115
Filename: 2 02 2 013 9 V.1_StreamC alls_PrivottPro p erty_WayneC o.

DocuSign Envelope ID: AC29253E-6E54-4A55-8C9E-F13A1 C9871 D9
DWR Map, Privott Property, Shelton Sullivan, 2/4/2022

DocuSign Envelope ID: AC29253E-6E54-4A55-8C9E-F13A1 C9871 D9
Privott Property, Stream A Start, Ditch 1 transition to Stream A, just above confluence with Ditch 3

DocuSign Envelope ID: AC29253E-6E54-4A55-8C9E-F13A1C9871D9
8,9
• . 64)
USGS Map
r.

DocuSign Envelope ID: AC29253E-6E54-4A55-8C9E-F13A1 C9871 D9
NRCS Soils Map
&WATER & LAND
SOLUTIONS
500
1 Mph - 5001.1
Fee[
1,00❑
Privott Property
HUGS Upper Neuse 03020201
Wayne County, North Carolina
Wayne County
Soil Survey (1974)
Map Projection: Nll3_19&3_StatzPlaneHo_FlP 0_32113_Fe&
Date: 112a2l 22
Figure

DocuSign Envelope ID: 5825F08E-F665-424A-A32D-32FAD3DAB97F
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April29, 2022
Adam McIntyre
Water & Land Solutions
(via electronic mail: [e-mail] )
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Privott/ Salem Site
Near 35.455161, -77.990106 off Salem Church Rd in Wayne, NC
Neuse 03020201
Wayne County
Dear Mr. McIntyre,
On January 28, 2022, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Water & Land Solutions (WLS) for a site visit near the above -referenced site
in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was to
determine the potential for riparian buffer mitigation and nutrient offset within a proposed
conservation easement boundary, which is more accurately depicted in the attached map labeled
"Figure X, Easement Map" and prepared by WLS. The proposed easement boundary in Figure X,
includes all riparian areas intended to be proposed as part of the mitigation site. Features are labeled
on the attached map provided by DWR and labeled as "Figure 1: Feature Map". On February 4,
2022, Ms. Merritt performed a site assessment of the subject site. Staff with WLS were also present.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0703.
£D_E
NORTH CAROLINA
Department of Environmental Duality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: 5825F08E-F665-424A-A32D-32FAD3DAB97F
Privott / Salem Site
WLS
April 29,2022
Feature
Classification
1Subiect
Riparian Land uses
Buffer
'Nutrient
4'5Mitigation Type Determination w/in
onsite
to
Buffer
adjacent to Feature
Credit
Offset
riparian areas
(0-200')
Viable
Viable
Rule
A
(starts above
Confluence
with Ditch
3)
Stream
Yes
Left bank is mostly non-
forested agricultural fields
with right banks primarily
development
Yes (non-
forested
fields
only)
Yes (non-
forested
fields only)
Non -forested fields - Restoration Site
per 15A NCAC 02B .0295 (n)
1
(starts where
A ends)
Primary Ditch
>3' depth
No
Left bank is mostly non-
forested agricultural fields
with right banks primarily
development with
managed lawns until the
ditch turns into the fields
No
Yes
Fields Only - Restoration Site per 15A
NCAC 02B .0295 (n)
2
Ditch
>3' depth
No
Non -forested agricultural
fields.
No
No
Not directly hydrologically connected to
a stream
3
(See map for
start point)
Ditch
>3' depth
No
Non -forested agricultural
fields on right bank
No
Yes
Non -forested fields - Restoration Site
per 15A NCAC 02B .0295 (n)
4
Ditch
No
Non -forested agricultural
fields.
No
No
Not directly hydrologically connected to
a stream
5
Ditch
No
Non -forested agricultural
fields.
No
No
Not directly hydrologically connected to
a stream
6
Ditch
No
Non -forested agricultural
fields.
No
No
Not directly hydrologically connected to
a stream
'Subjectivity calls for the features were determined by DWR in correspondence dated April 11, 2022 (DWR# 2022-0139) using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by
the NRCS .
2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
3NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
5 All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area.
6The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
7The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). Cattle
exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule.
Determinations provided in the table above were made using a proposed easement boundary showing
proposed mitigation areas shown in Figure X with features labeled according to Figure 1. The map
representing the proposal for the site is attached to this letter and initialed by Ms. Merritt on April 29,
2022. Substantial changes to the proposed easement boundary as well as any site constraints
identified in this letter, could affect the Site's potential to generate buffer mitigation and nutrient
offset credits.
Page 2 of 3

DocuSign Envelope ID: 5825F08E-F665-424A-A32D-32FAD3DAB97F
Privott / Salem Site
WLS
April 29, 2022
This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits.
Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to
DWR for written approval prior to conducting any mitigation activities in riparian areas and/or
surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a
proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for
approval prior to any mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0703.
This viability assessment will expire on April 29, 2024 or upon approval of a mitigation plan by
the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer,
stream or wetland mitigation plan for this Site.
Please contact Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
DocuSigned by:
88BFFC85168F4E4...
for Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
PW/kym
Attachments: Figure X: Easement Map, Figure 1: Feature Map
cc: File Copy (Katie Merritt)
Page 3 of 3

DocuSign Envelope ID:5825F08E-F665-424A-A32D-32FAD3DAB97F
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Note: Parcel boundary from Wayne County GIS. This data is approximate and not from survey. - '" 4. ..
t*isi
iMIIIM..-7_. frkilA. 'L.- '.,:r .; it...L.A.' 2_ ' ill.
Salem Nutrient Offset Bank Figure
4 WATER & LA N DTM Feet HUC8 Upper Neuse 03020201 Easement
0 250 500 Wayne County, North Carolina Map
SOLUTIONS N 1 inch=250 feet X
Map Projection:NAD_1983_StatePlane_NC_FIPS_3200_Feet Date:3/1/2022
Service Layer Credits:Source:Eon,DigitalGlobe,GeoEye,Earthstar Geographies,CNES/Airbus DS,USDA,USGS,AeroGRID,IGN,and the GIS User Community

DocuSign Envelope ID: 5825F08E-F665-424A-A32D-32FAD3DAB97F
r.
DWR Map, Privott Property, Shelton Sullivan, 2/4/2022
--
-46.1214;;;
� r
Stream A Start
Downstream of
Ditch 3 is not
contiguous or
continuous
Ditch 6
Ditch 1
Ditch 4
Figure 1: Feature Map
Ditch 2 i

DocuSign Envelope ID: 8C7D72BA-CCCF-4C5A-B557-1 B83B0B8B450
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Adam McIntyre
Water & Land Solutions
(via electronic mail: [e-mail] )
NORTH CAROLINA
Environmental Quality
Jun 9, 2022 (corrected letter dated April 29, 2022)
Re: Site Viability for Buffer Mitigation & Nutrient Offset - Privott/ Salem Site
Near 35.455161, -77.990106 off Salem Church Rd in Wayne, NC
Neuse 03020201
Wayne County
Dear Mr. McIntyre,
This letter was originally issued on April 29, 2022 and had errors on Figure X and Figure 1. This letter
replaces the original letter with the only corrections being to Figure X and Figure 1.
On January 28, 2022, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Water & Land Solutions (WLS) for a site visit near the above -referenced site
in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was to
determine the potential for riparian buffer mitigation and nutrient offset within a proposed
conservation easement boundary, which is more accurately depicted in the attached map labeled
"Figure X, Easement Map" and prepared by WLS. The proposed easement boundary in Figure X,
includes all riparian areas intended to be proposed as part ofthe mitigation site. Features are labeled
on the attached map provided by DWR and labeled as "Figure 1: Feature Map". On February 4,
2022, Ms. Merritt performed a site assessment ofthe subject site. Staff with WLS were also present.
Ms. Merritt's evaluation ofthe features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top ofBank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0703.
D_E
NORTH CAROLINA
Department of Environmental aeal�
North Carolina Department ofEnvironmental Quality I Division ofWater Resources
512 North Salisbury Street I 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: 8C7D72BA-CCCF-4C5A-B557-1 B83B0B8B450
Privott 1 Salem Site
WLS
June 9, 2022
Feature
Classification
'Subject
Rivarian Land uses
Buffer
3Nutrient
4•5Mitigation Tyne Determination w/in
onsite
!2
Buffer
adjacent to Feature
Credit
Offset
rivarian areas
(0-200')
Viable
Viable
Rule
A
(starts above
Confluence
with Ditch
3)
Stream
Yes
Left bank is mostly non-
forested agricultural fields
with right banks primarily
development
Yes (non-
forested
fields
only)
Yes (non-
forested
fields only)
Non forested fields - Restoration Site
per 15A NCAC 02B .0295 (n)
I
(starts where
A ends)
Primary Ditch
>3' depth
No
Left bank is mostly non-
forested agricultural fields
with right banks primarily
development with
managed lawns until the
ditch turns into the fields
No
Yes
Fields Only- Restoration Site per 15A
NCAC 02B .0295 (n)
2
Ditch
>3' depth
No
Non forested agricultural
fields.
No
No
Not directly hydrologically connected to
a stream
3
(See map for
start ooint)
Ditch
>3' depth
No
Non forested agricultural
fields on right bank
No
Yes
Non forested fields - Restoration Site
per 15A NCAC 02B .0295 (n)
4
Ditch
No
Non forested agricultural
fields.
No
No
Not directly hydrologically connected to
a stream
5
Ditch
No
Non forested agricultural
fields.
No
No
Not directly hydrologically connected to
a stream
6
Ditch
No
Non forested agricultural
fields.
No
No
Not directly hydrologically connected to
a stream
' Subjectivity calls for the features were determined by DWR in correspondence dated April 11, 2022 (DWR# 2022-0139) using the
1: 24, 000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by
the NRCS .
2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
3NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
¢Determination made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
5 All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even ifno credit is viable within that riparian
area.
6The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
?The area described as an Enhancement Site was assessed and determined to comply with all of I5A NCAC 02B . 0295(0)(6). Cattle
exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule.
Determinations provided in the table above were made using a proposed easement boundary showing
proposed mitigation areas shown in Figure X with features labeled according to Figure 1. The maps
representing the proposal for the site are attached to this letter and initialed by Ms. Merritt on April
29, 2022 and June 9, 2022. Substantial changes to the proposed easement boundary as well as
any site constraints identified in this letter, could affect the Site's potential to generate buffer
mitigation and nutrient offset credits.
Page 2 of 3

DocuSign Envelope ID: 8C7D72BA-CCCF-4C5A-B557-1 B83B0B8B450
Privott1 Salem Site
WLS
June 9, 2022
This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits.
Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to
DWR for written approval prior to conducting any mitigation activities in riparian areas and/or
surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a
proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for
approval prior to any mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0703.
This viability assessment will expire on April 29, 2024 or upon approval of a mitigation plan by
the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer,
stream or wetland mitigation plan for this Site.
Please contact Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
DocuSigned by:
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
P W/kym
Attachments: Figure X: Easement Map, Figure 1: Feature Map
cc: File Copy (Katie Merritt)
Page 3 of 3

DocuSign Envelope ID:8C7D72BA-CCCF-4C5A-B557-1 B83B0B8B450
Legend . si, . , f .,,� u
Approximate Property Boundary I' '. . .46' V /•14!* / r
�,�•, . , *,,,, •
, •;� • '�
M Proposed Conservation Easement (13.68 ac) 411 « 4;) 0,0.. • - �"� _, �
0, Existing Ditch (3,141 ft) _ �►� ti fir!Y0140;4.
vikrlt._ A _
be ,, is /` • to r� ,i, ' - ', _da' i� 1''°y t ; » .. �, ..
. 0 sli
Y 4 0 lik PI *el al
v.
......pp •
4; irr ,\ P. ilt If4. '
�, % ♦ + •
Irk- _.4. , all.r J. - - - t a-
Iiik` ,/, i - • PRIVOTT MICHAEL WARRICK '# a s'' •
" C3 - .' ,�; 2692828741 :,. w " _ I
a/4N "..., 0 „. , :414ip '114., filir , • c".) , -----_,.. • . .0 I" " - 4 i , _ Awe z. ;Ai,..,lit AA.-
vrioi
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'11 ,...- 1r-4r ,...se* -II - 4c5c?11/4s -•,..-- - .,•,. .
,.. .___ _ s #104 • • ° •. 11.11'...°' 'AV *
I.
...
r + +!46, '' ` ; r r flitch _- All ''' .,, "•pt." - '.1,
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,,7"..4. 6F A�' !1 or .
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. .!tk ornyA ,,tolio• tt, 0 .. .A -, itx- - %It .1,, ,iiiirt. ' .:Tatas_ . . . P*.ic ,
piff " ifr tie . , 7- . . . .... , 4. ... . ,.. . • at i . . .
! Note: Parcel boundary from Wayne County GIS.This data is approximate and not from survey. ,• ,-'' ' '•
WATER & LAND"' 0 250 50o Salem Nutrient Offset Bank
Feet HUC8 Upper Neuse 03020201 Easement
A Map
Figure Wayne County, North Carolina
SOLUTIONSN 1 inch=250 feet X
Map Projection:NAD_1983_StatePlane_NC_FIPS_3200_Feet Date:3/1/2022
Service Layer Credits.Source.Esn,D191talGlobe,GeoEye,Earthstar Geographies,CNES/A1 rbus DS,USDA,USGS,AeroGRID,IGN,and the GIS User Community

DocuSign Envelope ID: 8C7D72BA-CCCF-4C5A-B557-1 B83B0B8B450
DWR Map, Privott Property, Shelton Sullivan, 2/4/2022
Downstream of
Ditch 3 is not
contiguous or
continuous

Appendix B
Photo Log

�` rj►� 415/22, 8:53 AM'. 4 ,/5/22, 8:59 AM
`� ® ii Wa ne Count Wa ne Count
A ,,,,,
t: >� it
a am." gsgn a ' " 0'
. ,
..„..i..
'pia �' r .. z- Sa'h $ { '° r P d 4 i ---
'll'iE t ..0 a Sl° ..; .'.. ...! `i iM 7 .k ra=�
Y �1 pAI S1 r_ V b 4 _
" ! � Zvi- T - - -
:_r_i
<rs . a` " 1 +k `
} y ,,cli Z C 1 S y .
s ; a ' 7If 4 1 [ \
s s,r � ^,-> --�' u ,� .- .ter ..- � 3 ;:� 9 �'R
r
/f
? 5„. r�,- ---.. ' k,-�1 } r 'N tom °�flr`f � q� +e.�^q y v... ‘ a6 � pis.
s a+ • -i � r 't" i ?.i A` x -ham '4 - a^`c ".'k
a' -- ,y x,r'-'i;, .}� �Bx)_ t I f' W`i r fcs-`�' x,`fix+ d. mn. � i +s r,,'
..d` 9.. k g �t q'Y . .ate � ���.d. t X ^
JI °' /
3 .w r l . .: ,i '+ -py. t a.:,4
':... s'sfi:z',.,r'$'>"''�:, ^+,ti.'w;"hi.'#asY�. .. >.�r',r ,'- .';',, ,mot:"mil is ,: s�`ti-.fv-• a �`ir ,`N Y'- �'n .r i,� �.. .
Ditch 1 at Stream call
mill15/22, 9:29 AM 4/5122, 9:28 AI
Wa ne Count Wa ne Count
F,fi, x '- d k €!� ,,"r am
a �' ,a
fie"
• " '?h tom} „1 ../ -'-. F4 r. l-
k _ Hi. fig? - _ �,+� Yl-a V -
ra '::4 ur I 3 :,
€ y3�=4,.' " ,may 1 +a`.-1, ��„ '„ - qiJ e3
,r :� f�i T�gttw r 1 ' �
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�yy
6Lr.i/ •: r d.° y `..:�.ce� �h j�..- �� �_:`.. .rX " €` •�.k -: 1 1. f-� .:-.
Ditch 1 confluence with Ditch 2—facing west Ditch 2—facing east

•
4/5/22, 9:24 AM "`" 4/5/22, 9:24 AM
Wa ne Count Wayne County
n
- d r. . _ ram,• `
+ � � �:
.,-•r "� l q ,
i 'zL "�°�' `-,SY * S -_'P P &, n sty"
fy +X�`it ' --y;�" Y B 4 v. - �M v. ."''! �r ,Ht -
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' ' e a "'y `et• ifr • ;� ,..1 -. r . u r„- S.fiY i � fig ,�`''''
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•
Ditch 1—facing north Ditch 1—facing south
`kc k^ �i M1 ,_ Ifs 3 '- ,:, fp.,�c '
� , � 4/5/22, 8:59 AM- . 4/5/22, 9:06 AM¢3 � Wayne Count • Wa ne Count
`!
,'lr� �I I�Ilu1 III �I l � II �1 �•� �. } �_�;- -
� 3^ r' 9`I it pill I III i 1, f
a x WF (
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� '.., '}i 7. G`.'3 F. .. f '�"" y, yr�'r--,,a i ,.„ 1 k- ,'1 - ''' ; -a
Fs is gyp'"`-a` rY" ,t` +s� v ,_ - '"^: + aa'.- rk k? ,,'"•f }-"' i
2- K - r { 'u'tt 1 � NZia cT .; ,': £a-,. '"','`+u '- +:.„y a
. ,e kv.yr ate", 'iyr" �'F k - s1/4- -rt} '� .,,7.- s� F- C - " L '^ _
':A:-1:A.-'` '.'Ilk''---,..flArAk's'?'''i Y'' .g'•.::.,.,-,t,
7
,,,,,,,, .
`_- �+ +ff r .,,. �,�p„? _ ..:,, ''(i r r. .a v rsu.'"` r u` a r� "' .r
fi. i. rr" �y I.,`> 41 , , ,..„.....,,„,,v„4„:„ ...,„..„,: ,„,„..x„,e, ....
'#..V4 S` 1:'-V y:f'^ -_ j-
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W 4
.,,,0
- •p £C- C +6' t c Sri r1y Y r,
.1 '�S�' '€ 'may ' �a, 1 �. '_6 ,I '� R -za• . !(d ,5-rc#.�, "Y�r _ '- a� Le$'' ,+'yip.
� ..,� x £, - t �. +a 'p �ybs .:,4'. • y rs. t'4.. t" ' t*, l:gik o
?W'w 4i-,--�r ..-t—. .<_-..sr. ':. ,i.'. Y .... yf.'° "s . ?p .:/r.PK �;k i m.Y..,>`t f: ti
I e — . • •• i Ditch 3—facing north

4/5/22, .:9:18 AM 415122, 8:51 AM
Wa ne Count Wa ne Count
t ^F' 'S^z " xc
-"q } A D� �,t� Ir i. -F� 'S'i - 7 ems,
k_ _ .ate -." ... 4 r� A
{ 3 r r �s is
•
•
x3
s.az ram, f*' � 'T .:k `"{i� C „p „jn. 3k8 ;.-� _
..=_z `r$",' a•d'w�F ,, ,-"'' ;.. �.-.' �cPY'� t '� .^S �, i
ar
a j,, I. s uc i. ,?. �Y'�T � 2 .:1'�' �. 4`W:r. �,.''. 'e N, '4a , ,} ",,.' k 7..E ,,kh4`,,.s7
.. :,,ti .. 1 py `: v` ,, y, V. - J�ig�..` 3 •'C. k.4 'r. ?y Y 'MA`e - �__� ,sue
•- &.- � .r.w.--•1 _ ,:.. 4 ar.r'?Yq-x '` w} t�X{�., ,.,.� ��" "bra. .. rrt.F't-, ... ...,,. < .�.` h:' M4 `,.
Top of Ditch 4—facing north • Ditch 4—facing north
• W
MIWri ,/5/22, 9:22 AM ,/5/22, 9:07 AM
Wa ne Count „, ,, Wa ne Count
t:
n
s:
t rAILIE
AV
f
^ ;v
��-� ,k p r� gp�4�7.. ,a 4Ib
0 w.Z 'z r '.�`- . m" V „ft • 3 _ ". r ^ .^ :' _; .!. .
.1:7-41'.40,'°;:lre''',..'"! , '445-14-i,.'-i';,56.:,';`,W,74-V v'''','4,`.`.
'Qk' " '�� °x F `°�'d'a _ ' ram t� 1's', : " p.` d ` "'+ ,r a-. A-,`, e 5g s2_^
1,4 ,.. 7. ,:_err ` _ .� y� 'A.t� o-��L ;
•
r A, gn c /�L :I '. "4L _ i �c _ 3 %� 'A 7Ukt- d
am, f ^ t eL .lug.
� '?n.,..,.. � - , .k W7.'..,. ':Y ice, ...' i�;af.0 i"'�SR_ ' � . '. -- ...1, :.._ ..� -'' ' ,'. -,.'"� �_ ...
Ditch 5—facing north Salem Project, agriculture field

Appendix C
Model Conservation Easement & Engagement Letter

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION
EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made
this day of , 202 by and
between ("Grantor") and _ _ ("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 required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated,
lying and being in 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
1

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 aesthetic value of the property in its natural state, which includes
the following natural communities: [add or delete as appropriate: coastal
wetlands, non -riparian wetlands, riparian wetlands, perennial and intermittent
streams and riparian buffers]. The purpose of this Conservation Easement is to
maintain streams, wetlands and riparian resources and other natural values of
approximately 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 a condition of the approval of the Mitigation
Banking Instrument (MBI) and Mitigation Plan for the
Mitigation Bank, Department of the Army (DA) Action ID Number SAW-
, entitled "Agreement to Establish the
Mitigation Bank in the River Basin within the State of North
Carolina", entered into by and between [enter Sponsor name] acting as the
Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency Review Team (IRT). The
Mitigation Site has been approved by the Corps for use as
a mitigation bank to compensate for unavoidable stream and 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 # and
Department of the Army instrument number SAW -
("Mitigation Banking Instrument"), or any permit or certification issued by the
Third -Parties.
2

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 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
3

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.
Mowing of invasive and herbaceous vegetation for purposes of enhancing
planted or volunteer trees and shrubs approved in the Mitigation Plan 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
[enter Sponsor name] 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.
I. 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 restoring and
enhancing streams and wetlands within the Conservation Easement Area,
[enter Sponsor name] 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
4

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.
[Not required, but may be added if Grantor and Grantee agree:]
L. Subdivision. The Grantor and Grantee agree that the Conservation
Easement Area currently consists of within
separate parcels. The Grantor may not further subdivide the
Conservation Easement Area, except with the prior written consent of the
Grantee. If Grantor elects to further subdivide any portion of the Conservation
Easement Area, Grantor must provide the Grantee the name, address, and
telephone number of new owner(s) of all property within the Conservation
Easement Area, if different from Grantor. No subdivision of the Conservation
Easement Area shall limit the right of ingress and egress over and across the
Property for the purposes set forth herein. Further, in the event of any
subdivision of the Property (whether inside or outside of the Conservation
Easement Area) provision shall be made to preserve not only Grantee's
perpetual rights of access to the Conservation Easement Area, as defined
herein, but also Grantee's right of perpetual access to any conservation
easements on properties adjacent to the Property which form a part of or are
included in the Mitigation Plan. Creation of a condominium or any de facto
division of the Conservation Easement Area is prohibited. Lot line adjustments
or lot consolidation without the prior written consent of the Grantee is
prohibited. The Grantor may convey undivided interests in the real property
underlying the Conservation Easement Area. The Grantor shall notify the
Grantee immediately of the name, address, and telephone number of any
grantee of an undivided interest in any property within the Conservation
Easement Area.
M. 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 the [enter
Sponsor name], 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 riparian areas within the Conservation Easement Area. The
use of mechanized vehicles for monitoring purposes is limited to only
existing roads and trails as shown in the approved in the mitigation plan.
N. 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.
5

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 [enter Sponsor name] acting as the Bank
Sponsor, the right to construct and 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.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor,
its successors and 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,
and the Corps, 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, [enter Sponsor name], and its authorized representatives, successors
and assigns, and the Corps 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
6

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. 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.
B. 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.
C. 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; or from 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 any 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 the Corps.
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 Mitigation Banking
Instrument: 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 void or unenforceable by a court of competent
jurisdiction, the remainder shall continue in full force 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, except those incurred after the date hereof, which are
expressly subject and subordinate to the Conservation Easement. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits
that may apply to the exercise of the Reserved Rights.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
8

maintenance and/or replacement of fence structures 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.
I. 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.
J. 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:
[Name, address and fax number]
To Grantee:
[Name, address and fax number]
To Sponsor:
To the Corps:
US Army Corps of Engineers Wilmington District, Regulatory Division
69 Darlington Avenue
Wilmington, NC 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
9

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 Section of the Mitigation Plan, prepared
by Grantor and acknowledged by the Grantor and Grantee to be 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 the Conservation Easement Area will be consistent with the terms of this
Conservation Easement. 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 controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually
unto Grantee for the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and
seal, the day and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]
10

AuthentisignID: 17352A25-2AD1-EC11-B656-501AC586DF9D
Unique Places
To Save
May 9, 2022
Catherine Roland
Water & Land Solutions
7721 Six Forks Road, Suite 130
Raleigh, NC 27615
Dear Ms. Roland,
This letter confirms that Unique Places to Save ("UP2S"), a 501(c)3 not -for -profit organization located in the State of
North Carolina, has preliminarily agreed to act as the conservation easement grantee and long-term steward for the
Salem Mitigation site ("Site") located in Wayne County, North Carolina. The Site consists of an approximate 11.35-
acre conservation easement area. As the conservation easement grantee and long-term steward, UP2S shall be
responsible for periodic inspection of the Site to ensure that the terms and restrictions required in the conservation
easement are enforced and maintained into perpetuity. Specific responsibilities include:
• Monitoring of Site is conducted on an annual basis.
• Visits to Site are coordinated with the landowner and annual monitoring report are sent to the landowner when
possible.
• Signage for the easement boundary is maintained.
• Ensure fencing is maintained (if applicable) by the landowner to prevent encroachment into the conservation
easement area.
• Violations and potential violations of the conservation easement deed are addressed following protocols
contained in the conservation easement deed and UP2S Conservation Easement Violations Policy.
UP2S shall receive a stewardship endowment from Water & Land Solutions, the Site sponsor, to ensure annual Site
inspections occur and the terms of the conservation easement are legally defended into perpetuity.
Jeffrey FSher 05/11/22
Jeff Fisher, Board Chair epresentative Signature
Unique Places to Save Water & Land Solutions
Printed Name
Justin Mondshine
Date
May 10, 2022
PO Box 1183 • Chapel Hill, NC 27514 • 585-472-9498 [e-mail]

Appendix D
USFWS IPaC Letter & Species List

Salem Nutrient Offset Bank
Biological Assessment
Prepared using IPaC
Generated by Emily Dunnigan ([e-mail])
April 7, 2022
The purpose of this Biological Assessment (BA) is to assess the effects of the
proposed project and determine whether the project may affect any Federally
threatened, endangered, proposed or candidate species. This BA is prepared in
accordance with legal requirements set forth under Section 7 of the Endangered
Species Act (16 U.S.C. 1536 (c)).
In this document, any data provided by U.S. Fish and Wildlife Service is based on data as of April 7,
2022.

Prepared using IPaC version 6.72.3-rc7
2

Salem Nutrient Offset Bank Biological
Assessment
Table Of Contents
1 Description of the action 6
1.1 Project name 6
1.2 Executive summary 6
1.3 Project description 6
1.3.1 Location 6
1.3.2 Description of project habitat 7
1.3.3 Project proponent information 7
1.3.4 Project purpose 7
1.3.5 Project type and deconstruction 7
1.3.6 Anticipated environmental stressors 10
1.4 Action area 11
1.5 Conservation measures 12
1.6 Prior consultation history 12
1.7 Other agency partners and interested parties 12
1.8 Other reports and helpful information 12
2 Species effects analysis 13
2.1 Atlantic Pigtoe 13
Justification for exclusion 13
2.2 Carolina Madtom 13
Justification for exclusion 13
2.3 Dwarf Wedgemussel 13
Justification for exclusion 13
2.4 Monarch Butterfly 14
Justification for exclusion 14
2.5 Neuse River Waterdog 14
Justification for exclusion 14
2.6 Red -cockaded Woodpecker 14
Justification for exclusion 14
2.7 Tar River Spinymussel 14
Justification for exclusion 14
2.8 Yellow Lance 14
Justification for exclusion 14
3 Critical habitat effects analysis 15
4 Summary Discussion, Conclusion, and Effect Determinations 16
4.1 Effect determination summary 16
3

4.2 Summary discussion 16
4.3 Conclusion 16
4

5

1 Description Of The Action
1.1 Project Name
Salem Nutrient Offset Bank
1.2 Executive Summary
The project involves hand planting native shrub and trees species througout the project
area. The project area is currently used as agricultural land and will be removed from
active agriculture with a permenant conservation easement. The project will be a
mitigation bank for nutrient offsets within the watershed.
Effect determination summary
1.3 Project Description
1.3.1 Location
6

LOCATION
Wayne County, North Carolina
1.3.2 Description of project habitat
Agricultural field with ditches, no habitat present
1.3.3 Project proponent information
Provide information regarding who is proposing to conduct the project, and their contact
information. Please provide details on whether there is a Federal nexus.
Requesting Agency
Water & Land Solutions
FULL NAME
Emily Dunnigan
;TREET ADDRESS
7721 Six Forks Road
Suite 130
Raleigh
PHONE NUMBER
2699086306
1.3.4 Project purpose
Nutrient offset bank
STATE
NC
7
27615
E-MAIL ADDRESS
[e-mail]
1.3.5 Project type and deconstruction
This project is a restoration planting project.
7

1.3.5.1 Project map
8

LEGEND
❑ Project footprint
r - Layer 1: Restoration planting
L .
9

1.3.5.2 restoration planting
Activity start date
January 01, 2023
Activity end date
March 31, 2023
Stressors
This activity is not expected to have any impact on the environment.
Description
hand planting native species througout the project area.
1.3.6 Anticipated environmental stressors
Describe the anticipated effects of your proposed project on the aspects of the land, air
and water that will occur due to the activities above. These should be based on the
activity deconstructions done in the previous section and will be used to inform the
action area.
10

1.4 Action Area
rT
4--
(4
‹}-
Li
11

1.5 Conservation Measures
Describe any proposed measures being implemented as part of the project that are
designed to reduce the impacts to the environment and their resulting effects to listed
species. To avoid extra verbiage, don't list measures that have no relevance to the
species being analyzed.
Flo conservation measures have been selected for this project.
1.6 Prior Consultation History
No previous consultations.
1.7 Other Agency Partners And Interested Parties
NC Division of Water Resources is the regulatory angency involved.
Katie Merritt
email: [e-mail]
Phone: [phone]
1.8 Other Reports And Helpful Information
N/A
12

2 Species Effects Analysis
This section describes, species by species, the effects of the proposed action on listed,
proposed, and candidate species, and the habitat on which they depend. In this
document, effects are broken down as direct interactions (something happening directly
to the species) or indirect interactions (something happening to the environment on
which a species depends that could then result in effects to the species).
These interactions encompass effects that occur both during project construction and
those which could be ongoing after the project is finished. All effects, however, should
be considered, including effects from direct and indirect interactions and cumulative
effects.
2.1 Atlantic Pigtoe
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
no habitat present and no destruction of current site conditions are proposed.
2.2 Carolina Madtom
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
no habitat present and no destruction of current site conditions are proposed
2.3 Dwarf Wedgemussel
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
no habitat present and no destruction of current site conditions are proposed
13

2.4 Monarch Butterfly
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
no habitat present and no destruction of current site conditions are proposed
2.5 Neuse River Waterdog
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
no habitat present and no destruction of current site conditions are proposed
2.6 Red -Cockaded Woodpecker
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
no habitat present and no destruction of current site conditions are proposed
2.7 Tar River Spinymussel
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
no habitat present and no destruction of current site conditions are proposed
2.8 Yellow Lance
This species has been excluded from analysis in this environmental review
document.
Justification for exclusion
no habitat present and no destruction of current site conditions are proposed
14

3 Critical Habitat Effects Analysis
Vo critical habitats intersect with the project action area.
15

4 Summary Discussion, Conclusion, And Effect
Determinations
4.1 Effect Determination Summary
SPECIES
(COMMON
NAME)
Atlantic Pigtoe
Carolina Madtom
Dwarf Wedgemussel
Monarch Butterfly
Neuse River Waterdog
Red -cockaded
Woodpecker
Tar River Spinymussel
Yellow Lance
SCIENTIFIC
NAME
LISTING
STATUS
PRESENT IN
ACTION AREA
EFFECT
DETERMINATION
Fusconaia masoni Threatened
No
NE
Noturus furiosus Endangered
No
NE
Alasmidonta
heterodon
Endangered
No
NE
Danaus plexippus Candidate
Excluded from
analysis
Excluded from analysis
Necturus lewisi I Threatened No NE
Picoides borealis I Endangered
No
NE
r
Elliptio steinstansana Endangered
No
NE
Elliptio lanceolata
Threatened
No
�NE
4.2 Summary Discussion
The project will have no negative impacts or effects to the overall project area, species,
or habitat. Activities are expected to improve habitat by increasing native plant species
cover. The current farmland will be planted and taken out of agricultural use. The project
will be protected in perpetuity by a conservation easement.
4.3 Conclusion
The project will have no adverse or negative impacts to species or habitat.
16

KYE.p T {Ds ry
-
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0029288
Project Name: Salem Nutrient Offset Bank
April 07, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

04/07/2022 2
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see hops://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

04/07/2022 3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

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Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

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Project Summary
Project Code:
Event Code:
Project Name:
Project Type:
Project Description:
2022-0029288
None
Salem Nutrient Offset Bank
Mitigation Development/Review - Mitigation or Conservation Bank
The Salem project is located in Wayne county, NC. The site is
approximately 13 acres of actively farmed fields and farm ditches. The
proposed Bank is being developed as a private nutrient bank in
conjunction with the North Carolina Department of Environmental
Quality (NCDEQ) Division of Water Resources ("NCDWR"). Activities
include planting in the winter of 2023 with native species of trees and
shrubs. The project will be protected in perpetuity by a conservation
easement.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.4566442,-77.99342221506696,14z
T
a
a
Counties: Wayne County, North Carolina

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Endangered Species Act Species
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Birds
NAME
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Amphibians
NAME
STATUS
Neuse River Waterdog Necturus lewisi
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6772
Fishes
NAME
Carolina Madtom Noturus furiosus
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/528
Endangered
STATUS
Threatened
STATUS
Endangered

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Clams
NAME
STATUS
Atlantic Pigtoe Fusconaia masoni
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Tar River Spinymussel Elliptio steinstansana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1392
Yellow Lance Elliptio lanceolata
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/4511
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Threatened
Endangered
Endangered
Threatened
STATUS
Candidate
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT
AREA.
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.

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What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical

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Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

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IPaC User Contact Information
Agency:
Name:
Address:
Address Line
City:
State:
Zip:
Email
Phone:
Water & Land Solutions
Emily Dunnigan
7721 Six Forks Road
2: Suite 130
Raleigh
NC
27615
[e-mail]
2699086306