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20210019 Ver 2_BPDP for PN_20220822BANK PARCEL DEVELOPMENT PACKAGE August 2022 O'BERRY ROAD MITIGATION BANK PARCEL Wayne County, NC DWR Project Number 2021-0019 v2 Neuse River Basin HUC 03020201 PREPARED BY: AP WILDLANDS ENGINEERING Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Phone: (704) 332-7754 Fax: (704) 332-3306 Bank Parcel Development Package O'Berry Road Mitigation Bank Parcel Neuse River Basin TABLE OF CONTENTS 1.0 Project Introduction 1 1.1 Parcel Description 1 2.0 Mitigation Project Summary 2 2.1 Project Goals .2 2.2 Existing Parcel Conditions 2 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation 3 2.4 Alternative Mitigation for Buffer Mitigation 4 2.5 Watershed Characterization 4 2.6 Soils 5 2.7 Existing Vegetative Communities 5 2.8 Threatened and Endangered Species 6 2.9 Cultural Resources 7 2.10 FEMA Floodplain Compliance 7 2.11 Parcel Location, Parcel Constraints, and Access 7 2.12 Other Environmental Conditions 7 3.0 Site Protection Instrument 7 4.0 Mitigation Work Plan 7 4.1 Parcel Preparation 8 4.2 Riparian Area Restoration Activities 8 4.3 Riparian Area Preservation Activities 9 4.4 NCDWR As -Built Evaluation 9 5.0 Monitoring and Maintenance Plan 9 5.1 Monitoring Protocol 9 5.2 Parcel Maintenance 10 5.3 Easement Boundaries 10 6.0 Financial Assurance and Long -Term Management 10 6.1 Financial Assurances 10 6.2 Long-term Management 11 7.0 Potential Credit Generation 11 8.0 References 14 WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page i BPDP August 2022 Tables Table 1 Table 2 Table 3 Table 4 Table 5 Table 6 Table 7 Table 8 Table 9 Table 10 FIGURES Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Figure 9 APPENDICES Appendix A Appendix B Appendix C Appendix D Ecological and Water Quality Goals Buffer Project Attributes Project Features Drainage Areas and Associated Land Use Project Soil Types and Descriptions Existing Vegetation Site Protection Instrument Selected Tree Species O'Berry Road - Project Credit Table O'Berry Road - Total Area of Buffer and Nutrient Offset Mitigation Vicinity Map Service Area Map Site Map USGS Topographic Map Watershed Map NRCS 1974 Soil Survey Map Buffer Credits Map Riparian Buffer Zones Map Monitoring Components Map Current Land Use Photographs — September 7, 2021 Historical Aerials On Site Determination of Applicability to Neuse Riparian Buffer Rules — May 24, 2021 Site Viability for Buffer Mitigation and Nutrient Offset Letter —July 31, 2021 USFWS Self -Certification Letter and Correspondence SHPO Request for Review and Response EDR Radius Map Report, Executive Summary WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page ii BPDP August 2022 Bank Parcel Development Package O'Berry Road Mitigation Bank Parcel Neuse River Basin Wildlands Holdings III 1.0 Project Introduction The O'Berry Road Mitigation Bank Parcel (Parcel) is proposed under the terms and conditions of the Cox Pond and O'Berry Road Nutrient Offset and Buffer Mitigation Banking Instrument (UMBI), made and entered into by Wildlands Holdings III, LLC acting as Bank Sponsor (Sponsor) and the North Carolina Department of Environmental Quality (NCDEQ) Division of Water Resources (NCDWR). The Parcel shall be planned and designed according to the UMBI, 15A NCAC 02B .0703, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295. The project is in Wayne County approximately nine miles southwest of Goldsboro, North Carolina (Figure 1). Directions are included on Figure 1. The Parcel creates a protected riparian area from top of bank from to a minimum of 30 feet along streams, or 50 feet along ditches, to a maximum of 200 feet along two unnamed tributaries (O'Berry Creek and UT1) and four ditches (Ditches A, B, C, and D). The primary purpose of the project is to provide riparian buffer mitigation credits and nutrient offset credits to compensate for unavoidable impacts in the Neuse River Basin 03020201 Hydrologic Unit Code (HUC) outside the Falls Lake Watershed (Figure 2). The Parcel is located within the Neuse River Basin HUC 03020201170040 and NCDWR Subbasin 03-04-12 in Wayne County. 1.1 Parcel Description The project features flow to Brooks Swamp off site just upstream of its confluence with Thoroughfare Swamp. Thoroughfare Swamp subsequently flows to Falling Creek and finally into the Neuse River. Brooks Swamp, Thoroughfare Swamp, and Falling Creek are all classified as Water Supply IV (WS-IV) and Nutrient Sensitive Waters (NSW) by the NCDWR. The proposed project supports specific goals identified in the Neuse River Basin Restoration Priorities (RBRP) by promoting "nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers". This riparian mitigation project will reduce sediment and nutrient loading, provide and improve terrestrial and instream habitats, and improve stream and bank stability. The area surrounding the streams proposed for mitigation is forested on the downstream half of O'Berry Creek and UT1. The upstream half of the streams and all ditches are surrounded by open agricultural fields, typically used to grow a rotation of crops including corn, soybeans, wheat, and sweet potatoes. See Appendix A for September 2021 current land use photographs. Restoring and preserving the riparian area up to 200 feet from the streams and ditches will reduce nutrient and sediment inputs in the tributaries to Brooks and Thoroughfare Swamps, and subsequently Falling Creek and the Neuse River. The restored floodplain areas will filter sediment during high rainfall events and provide cover and food for wildlife throughout the Parcel. WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 1 BPDP August 2022 2.0 Mitigation Project Summary 2.1 Project Goals The major goals of the proposed buffer and nutrient offset mitigation project are to provide ecological and water quality enhancements to the Neuse River Basin by restoring the riparian area to create a functional riparian corridor. Specific enhancements to water quality and ecological processes are outlined below in Table 1. Table 1: Ecological and Water Quality Goals Goals Objectives Decrease nutrient levels. Nutrient input will be decreased by filtering runoff from the agricultural fields through restored native vegetation. The off -site nutrient input will also be absorbed on -site by filtering flood flows through restored floodplain areas, where flood flows can disperse through native vegetation. Decrease sediment input. Sediment from off -site sources will be captured by deposition on restored floodplain areas where native vegetation will slow overland flow velocities. Decrease water temperature and increase dissolved oxygen concentrations. Planted riparian trees will shade the project features as they mature, reducing thermal pollution. Reduce fecal coliform inputs. Fecal coliform input will be reduced by restricting the application of animal waste within the conservation easement. Converting fertilized cropland to forest will filter runoff from the adjacent fields through the planting vegetated buffers. Create appropriate terrestrial habitat. Riparian areas will be restored by treating invasive vegetation and planting native vegetation. Permanently protect the project Parcel from harmful uses. A conservation easement will be recorded on the Parcel. 2.2 Existing Parcel Conditions The proposed buffer mitigation and nutrient offset project includes approximately 27.29 acres of open row crop fields and forest land along two unnamed tributaries (O'Berry Creek and UT1), and four ditches (Ditches A, B, C, and D). The Parcel easement boundary will extend from top of bank to at least 30 feet along streams, at least 50 feet along ditches, and out to 200 feet where possible (Figure 3). Ditch A begins as D3 flowing west from outside the Parcel and easement boundary. Ditch A becomes O'Berry Creek at the confluence with Ditch B. All three are bordered by open agricultural fields on both sides. O'Berry Creek continues west through a culvert below an unpaved access road through the utility easement. O'Berry Creek turns to flow northwest approximately 160 feet where mature forest begins on the right bank. Approximately 430 feet further downstream, O'Berry Creek flows into mature forest. This forested buffer continues along O'Berry Creek off -site to its confluence with Brooks Swamp. Ditch C and D begin in open agricultural fields flowing north and east, coming together to form UT1. UT1 continues north with an open agricultural field on the right and grasses on the left for approximately 280 WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 2 BPDP August 2022 feet where it flows into the forest and eventually to its confluence with O'Berry Creek. The Parcel is characterized by gently sloped valleys of agriculture fields and mature forest. There is one existing pond on the Parcel, which is offline. The pond is north of Ditch D and west of UT1. It will remain as is and no credits will be claimed for its footprint. In general, this area has maintained its rural, farming character over the last 60 years with only minor changes in land cover (see historical aerials in Appendix B). The Parcel has been used to grow row crops for many years. The forested area has remained essentially the same since at least 1973, except for the area around the pond. The consistency in land use within the project watershed indicates that processes affecting hydrology, sediment supply, and nutrient and pollutant delivery have not varied widely over this period. With a lack of developmental pressure, watershed processes and stressors from outside the project limits are likely to remain consistent throughout the implementation, monitoring, and closeout of this project. Table 2: Buffer Project Attributes Project Name O'Berry Road Mitigation Bank Parcel Hydrologic Unit Code 03020201170040 River Basin Neuse Geographic Location (Lat, Long) 35.267644 N,-78.073667 W Site Protection Instrument (DB, PG) To be recorded Total Credits 270,748.800 buffer mitigation credits and 27,754.074 lbs. N Types of Credits Riparian Buffer and Nutrient Offset Credits BPDP Date August 2022 Initial Planting Date December 2022 Baseline Report Date April 2023 MY1 Report Date December 2023 MY2 Report Date December 2024 MY3 Report Date December 2025 MY4 Report Date December 2026 MY5 Report Date December 2027 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation On January 29 and May 20, 2021, NCDWR assessed the stream origin and issued the official Stream Origin Determination Letter on May 24, 2021. NCDWR also performed an onsite visit of the project area to determine viability for buffer mitigation and nutrient offset on July 7, 2021 and issued a site viability letter on July 31, 2021. Ten features were assessed by NCDWR during the July 7th site visit, two features were deemed viable to generate buffer credits and four were deemed viable for nutrient offset credits only. The Buffer Interpretation/Clarification Memo #2008-019 applies to Ditches A and D where maintenance of diffuse flow onsite is unattainable. The reduction in credit from the memo being applied is documented in Figure 7. There have been no changes to land use in the project area since NCDWR's 2021 site visits. A copy of both the "On -Site Stream Origin Determination for Applicability to Neuse Riparian Buffer Rules" and the "Site Viability for Buffer Mitigation & Nutrient Offset" letters from NCDWR are included in Appendix C and summarized in Table 3. WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 3 BPDP August 2022 Table 3: Project Features Feature Name (BPDP) Feature Name* (NCDWR Evaluation) Classification Buffer Credit Viable Nutrient Offset Viable O'Berry Creek O'Berry Creek Stream Yes Yes (non -forested areas only) UT1 UT1 Stream Yes Yes (non -forested areas only) Ditch A D3 Ditch No Yes (non -forested areas only) Ditch B D7 Ditch No Yes Ditch C D8 Ditch No Yes Ditch D D6 Ditch No Yes (non -forested areas only) D1 D1 Ditch N/A N/A D2 D2 Ditch N/A N/A D4 D4 Ditch N/A N/A D5 D5 Ditch N/A N/A * D1, D2, D4, and D5 were evaluated for buffer or nutrient viability but are not being proposed as part of this project therefore not included in any credit requests. 2.4 Alternative Mitigation for Buffer Mitigation In addition to buffer restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A NCAC 02B 0.0295 (o)), alternative mitigation is proposed on the Parcel in the form of buffer preservation of forested land on subject streams. The proposed project is in compliance in the following ways: Preservation on Subject Streams (15A NCAC 02B .0295 (o)(5): • The buffer width is at least 30 feet from the stream (See Figure 8 for buffer zones). The minimum width of riparian areas on this site is 50 feet from top of banks. • The area meets the requirements of 15A NCAC 02R 0.0403(c)(7), (8), and (11) with no known structures, infrastructure, hazardous substances, solid waste, or encumbrances within the mitigation boundary (See Section 2.21 and Appendix D for an EDR Radius Report summary). • Mitigation credits for preservation are being requested on no more than 25% of the total area of buffer mitigation (See Table 9 for credit calculations). 2.5 Watershed Characterization The Parcel is located within the HUC 03020201170040. All project features drain to Brooks Swamp off site, which then connects with Thoroughfare Swamp. Thoroughfare Swamp subsequently flows to Falling Creek and finally into the Neuse River. Brooks Swamp, Thoroughfare Swamp, and Falling Creek are all classified as WS-IV and NSW by the NCDWR. Waters designated as WS-IV are sources of water for drinking or food processing in moderately to highly developed watersheds. These waters are also protected for Class C uses, which includes recreational use, agriculture, fishing and fish consumption, and the maintenance of biological integrity for wildlife. The NSW designation applies to surface waters that are experiencing excessive growths of microscopic or macroscopic vegetation. Topography, as indicated on the Southwest Goldsboro USGS 7.5-minute topographic quadrangle, shows gently sloped areas throughout the Parcel (Figure 4). O'Berry Creek, UT1, and Ditch A are all depicted as a stream on the USGS Topographic Map. Drainage areas were delineated using the USGS Stream Stats website and the North Carolina Floodplain Mapping Program's 2014-2015 Light Detection and Ranging WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 4 BPDP August 2022 (LiDAR) data. Land uses draining to the project streams are primarily agricultural with some wetlands and forested areas. The watershed areas and current land use are depicted in Figure 5, the current land use photographs in Appendix A, and are summarized in Table 4 below. Table 4: Drainage Areas and Associated Land Use Reach Name Watershed Area (acres) Land Use O'Berry Creek 326.5 71% agriculture; 13% wetlands; 6% forest; 3% grassland; 3% developed; 3% shrubland; 1% impervious area UT1 42 95% agriculture; 5% wetlands 2.6 Soils The proposed Parcel is mapped by the Wayne County Soil Survey. The project area soils are described below in Table 5. O'Berry Creek, UT1, and Ditch A are all depicted as streams on the NRCS 1974 Soil Survey provided in Figure 6. Table 5: Project Soil Types and Descriptions Soil Name Description Bb — Bibb Sandy Loam, 0 2%slopes Bibb sandy loam consist of poorly drained soil on floodplains. Permeability is moderate and surface runoff is slow. Water ponds in some places and floods are frequent. Seasonal high water table is at the surface. NoA —Norfolk Loamy Sand, 0 2% slopes Norfolk loamy sand consists of well -drained soil on smooth, broad divides. Permeability is moderate and surface runoff is slow. Seasonal high water table remains below a depth of five feet. Ra — Rains Sandy Loam, 0 2%slopes Rains sandy loam consists of poorly drained soil in oval depressions and on smooth flats in broad areas between streams. Permeability is moderate, and surface runoff is slow. Water ponds in some places. Seasonal high water table is at the surface. RuA —Ruston Loamy Sand, 0 2% slopes Ruston loamy sand consists of well -drained soil on broad divides. Permeability is moderate and surface runoff is slow. Seasonal high-water table remains below a depth of five feet. RuB —Ruston Loamy Sand, 2-6% slopes Ruston loamy sand consists of well -drained soil on smooth sides of divides. Permeability is moderate and surface runoff is medium. Seasonal high water table remains below a depth of five feet. WaB — Wagram Loamy Sand, 0 6% slopes Wagram loamy sand consists of well -drained soils on slightly convex, smooth, and broad divides. Permeability is rapid, while surface runoff is slow. Seasonal high water table remains below a depth of five feet. We — Weston Loamy Sand, 0 2% slopes Weston loamy sand consist of poorly drained soil on smooth flats and in depressions on broad interstream divides. Permeability is moderate and surface runoff is slow. Seasonal high water table is at the surface. Sources: Wayne County Soil Survey, June 1974, USDA-NRCS, https://www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north_carolina/wayneNC1974/map30.pdf https://www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north_carolina/wayneNC1974/text.pdf 2.7 Existing Vegetative Communities Existing vegetation within the Parcel is primarily comprised of active row crop fields of corn, soybeans, or sweet potatoes with existing forest along the downstream half of both O'Berry Creek and UT1 as WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 5 BPDP August 2022 shown on Figure 3. Existing vegetation species across the project area are listed in Table 6. This is not an exhaustive list but gives an indication of types of species growing in the area. Table 6: Existing Vegetation Woody Herbaceous Species Common Name Species Common Name Acer rubrum Red Maple Arundinaria gigantea Rivercane Alnus serrulata Tag Alder Eupatorium capilifolium Dogfennel Baccharis spp. Baccharis Persicaria sagittata Tear thumb Campsis radicans Trumpet creeper Polygonum spp. Knotweed Ilex opaca American Holly Phytolacca americana Pokeweed Juglans nigra Black Walnut Senna obtusifolia Sicklepod Ligustrum sinense Chinese Privet Smilax spp. Greenbriar Liquidambarstyraciflua Sweetgum Typha spp. Cattail Liriodendron tulipifera Tulip Poplar Woodwardia areolata Netted Chainfern Magnolia virginiana Sweetbay Magnolia Nyssa sylvatica Black gum Oxydendrum arboreum Sourwood Pinus taeda Loblolly Pine Quercus alba White Oak Quercus nigra Water Oak Quercus phellos Willow Oak Quercus stellata Post Oak Quercus velutina Black Oak Rhus copallinum Winged Sumac Rubus spp. Blackberry Salix nigra Black Willow Symplocos tinctoria Sweetleaf Toxicodendron radicans Poison Ivy Ulmus spp. Elm sp. 2.8 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation database (IPaC) were searched for federally listed threatened and endangered plant and animal species in Wayne County, NC. One listed endangered species and two species proposed for listing as endangered or threatened were identified: the red -cockaded woodpecker (Picoides borealis), the Neuse River waterdog (Necturus lewisi), and Carolina madtom (Notorus furiosus). Wildlands performed a pedestrian survey of the project parcels on January 7, 2021. It was determined that there is no suitable habitat for any of the listed species; therefore, the project will have "no effect" on the federally listed species. The USFWS Self -Certification Letter packet and the USFWS response letter agreeing with the determinations are included in Appendix D. WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 6 BPDP August 2022 2.9 Cultural Resources The Parcel is not located near any sites listed on the National Register with the State Historic Preservation Office (SHPO). SHPO was contacted with request for review and comment on February 8, 2021. SHPO responded on March 12, 2021 that they "are aware of no historic resources which would be affected by the project" and have no comment on the project as it is currently proposed. The SHPO response and request are included in Appendix D. 2.10 FEMA Floodplain Compliance The Parcels are not located in a FEMA floodplain so a floodplain development permit will not be required. No hydraulic modeling is proposed for this project. 2.11 Parcel Location, Parcel Constraints, and Access The Parcel is accessible via two unpaved access roads off O'Berry Road. There is one external easement break to allow for the overhead utility easement to cross O'Berry Creek. Within this easement break there is a culvert crossing for an unpaved access road. Upstream of the crossing, on the south side of O'Berry Creek, there is an offline pond outside of the conservation easement. There is one offline pond within the easement area along UT1 (see Figure 3). It will be left as is and no credit will be claimed in the pond footprint. 2.12 Other Environmental Conditions An EDR Radius Map Report with Geocheck was ordered for the Parcel through Environmental Data Resources, Inc. on August 19, 2020. Neither the target property nor the adjacent properties were listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There were no known or potentially hazardous waste sites identified within or immediately adjacent to the project area. The Executive Summary of the EDR report is included in Appendix D. 3.0 Site Protection Instrument The land required for planting, management, and stewardship of the mitigation project includes portions of the parcels listed in Table 7. The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term steward, and will be managed under the terms detailed in an approved NCDWR conservation easement. Table 7: Site Protection Instrument Site Deed Book Acreage Landowner PIN County Protection Instrument and Page Number to be Protected Lee James R 2575-73-2643 Wayne y Conservation Easement To Be Recorded 27.29 Hines Frank L 2575-53-9705 4.0 Mitigation Work Plan The project will preserve forested land along O'Berry Creek and restore agriculturally impacted land along O'Berry Creek, UT1, and Ditches A through D on the Parcel to a protected riparian corridor, WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 7 BPDP August 2022 improving the ecological function of the area. The project design will ensure that no adverse impacts to existing riparian buffers occur. Figure 7 illustrates the buffer credit areas and conceptual design; Figure 8 depicts the riparian buffer zones for the Parcel. 4.1 Parcel Preparation Most areas slated for restoration will require little parcel preparation because the land has been cleared and maintained for agriculture; therefore, soil disturbance during planting of the project will be minimal. If sink holes or active erosion are observed along the streams or ditches, minor grading will be completed, erosion control matting installed, and planting live stakes as necessary and seeding with a mixture of native grasses and fortis. Soil samples will also be collected and analyzed prior to planting to determine if soil preparation is necessary to support herbaceous and planted stem success. Additionally, during the spring of 2022, the condition of herbaceous cover prior to the establishment of row crops will be visually assessed across the Parcel. If herbaceous vegetation does not appear to grow naturally, Wildlands will note the areas of deficiency and seed them the following spring of 2023. The forested preservation areas will remain as they are and do not require parcel preparation. 4.2 Riparian Area Restoration Activities Riparian area restoration will involve planting appropriate native tree species along the riparian corridor. Vegetation management and herbicide applications may be needed over the first few years of tree establishment in the riparian restoration areas to prevent encroachment of undesirable species that may out -compete the planted native vegetation. Tree species planted across the riparian areas of the Parcel will include a mixture of at least 8 species listed in Table 8 below. Table 8: Selected Tree Species Species Common Name Density Forest Strata Betula nigra River Birch 15% Canopy Platanus occidentalis American Sycamore 15% Canopy Acer negundo Boxelder 10% Canopy Magnolia virginiana Sweetbay Magnolia 10% Subcanopy Quercus pagoda Cherrybark Oak 10% Canopy Quercus phellos Willow Oak 10% Canopy Ulmus americana American Elm 8% Canopy Populus deltoides Eastern Cottonwood 7% Canopy Diospyros virginiana Persimmon 5% Subcanopy Nyssa sylvatica Black Gum 5% Canopy Quercus michauxii Swamp Chestnut Oak 5% Canopy WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 8 BPDP August 2022 Trees will be spaced at 7 feet by 12 feet during planting, which is equivalent to a stem density of 521 stems per acre and is sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 planted trees per acre at the end of five years. At least 8 of the 11 species listed in Table 7 will be planted, and stems will be mixed prior to planting to ensure diversity of bare root species across the Parcel. Due to the nature of random mixing, some stems of the same species might be planted together. No one tree species will be greater than 50% of the established stems. A regionally appropriate seed mix of warm season grasses and wildflowers will also be applied to provide temporary and permanent ground cover for soil stabilization and reduction of sediment loss during rain events in areas without existing herbaceous cover. The proposed planting area includes the areas identified as Riparian Restoration for Buffer Credits and Riparian Restoration for Nutrient Offset Credits on Figure 7. Planting is scheduled for December 2022. 4.3 Riparian Area Preservation Activities There will be no parcel preparation work done in the buffer preservation areas, as allowed under 15A NCAC 02B .0295(o). The sections of mature forest along O'Berry Creek and UT1 will be protected in perpetuity by a conservation easement (Figure 7). No additional treatment or planting is planned for these areas of the project. 4.4 NCDWR As -Built Evaluation Within 30 calendar days after completing the establishment of the buffer mitigation and nutrient offset areas, the Sponsor will submit written notification to NCDWR documenting that all buffer mitigation and nutrient offset activities have been completed. Failure to submit written notification within 30 days may result in a modified credit release schedule or a delay in the issuance of credit releases. 5.0 Monitoring and Maintenance Plan 5.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the riparian restoration areas to measure the survival of the planted trees. The plots will be randomly placed throughout the planted areas. A total of 15 plots will be randomly placed such that the plots are representative of the riparian restoration areas (Figure 9). The size of individual quadrants will be 100 square meters. Vegetation assessments will be conducted and follow the Carolina Vegetation Survey (CVS) Level 2 Protocol for Recording Vegetation (2008). A reference photograph will be taken from the southwestern corner of each of the 15 plots. Overview photographs will be taken each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed and no earlier than the fall season. Species composition, height, and survival rates will be evaluated on an annual basis by plot. The total number of volunteer woody stems will also be documented and reported. The measure 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% of the established planted stems, and an established density of at least 260 planted trees per acre at the end of the fifth year of monitoring. Appropriate and desirable native volunteer species may be included in the Parcel's density to meet the performance standards with written NCDWR approval. The Sponsor shall submit the annual monitoring report to NCDWR by December 31sY of each year for five consecutive years and will follow the terms and conditions of the UMBI. WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 9 BPDP August 2022 5.2 Parcel Maintenance If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 5.1, adaptive measures will be developed and/or appropriate remedial actions will be implemented. Maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood of affecting project success. Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. A rigorous herbicide schedule may need to be implemented in the first few years of tree establishment in the restoration areas to prevent establishment of invasive species that may out -compete the planted native vegetation. The only herbicides used on the Parcel will be aquatic approved herbicides that will be applied in accordance with North Carolina Department of Agriculture rules and regulations. The easement boundary will be checked annually as part of monitoring activities. Easement boundary conditions as well as any maintenance performed will be reported in the annual monitoring reports to NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval from NCDWR prior to conducting any mowing activities within Zone 1 and Zone 2 of the Neuse buffers to ensure that no buffer violations have occurred. 5.3 Easement Boundaries Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by marker, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement prior to the NCDWR onsite As -Built evaluation for Task 2 credit release. Boundary markers that have been disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Contact information for the conservation easement holder will be included on easement markers. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of the O'Berry Road Mitigation Bank Parcel Development Package, the Sponsor shall provide a Performance Bond from a surety that is rated no less than an "A-" as rated by A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of the project as described in the Bank Parcel Development Package (BPDP), but not less than $150,000.00. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. In that case no performance bond will be necessary. After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring period for a term of one year and be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. Performance bonds for monitoring shall be renewed at least annually to cover the next years 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. WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 10 BPDP August 2022 6.2 Long-term Management The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term steward, and will be managed under the terms detailed in an approved NCDWR conservation easement. The long-term manager will be chosen prior to monitoring year 4 and will be responsible for periodic inspection of the Parcel to ensure that the restrictions documented in the recorded easement are upheld in perpetuity. 7.0 Potential Credit Generation Of the 27.29 acres protected under the conservation easement, the mitigation approach for 18.22 acres is riparian restoration. Of that 18.22 acres of restoration, 6.01 acres are proposed for buffer mitigation credit and 12.21 acres are proposed for nutrient offset credit. Buffer preservation credits are also proposed on 2.00 acres within the conservation easement. The Buffer Interpretation/Clarification Memo #2008-019 applies to Ditches A and D where maintenance of diffuse flow into the easement is unattainable. Other areas within the conservation easement where no credit is claimed include preservation areas along the northeast side of O'Berry Creek, areas which are less than 50 feet from top of bank at the upstream end of Ditch B, areas which are over 200 feet from top of bank, the pond along UT1, and the project feature channels. The credit calculations were derived based on Wildlands' conceptual design for maximum ecological uplift. The management objectives, mitigation type, and proposed amount of buffer mitigation and nutrient offset are presented in Tables 9 and 10 below. The riparian restoration areas are viable for either riparian buffer credits or nutrient offset credits. However, on this parcel, Wildlands is seeking Riparian Buffer Credit from areas within top of bank to 100 feet along streams. These credits can be converted to Nutrient Offset Credits only upon receiving written approval by NCDWR. Wildlands is seeking Nutrient Offset Credits in riparian restoration areas from 101-200 feet from top of bank along streams and from top of bank to 200 feet along ditches. Riparian restoration areas dedicated to Nutrient Offset Credits on this parcel beyond 100 feet will not be convertible to Riparian Buffer Credits per the UMBI. There will be three credit ledgers for the project: Buffer Restoration, Buffer Preservation, and Nitrogen Nutrient Offset Credits. WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 11 BPDP August 2022 Table 9: O'Berry Road — Project Credit Table Neuse 03020201 - Outside Falls Lake Project Area N Credit Conversion Ratio (ft2/pound) P Credit Conversion Ratio (ft2/pound) 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 (sf) Total (Creditable) Area of Buffer Mitigation (sf) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (Ibs) Delivered Nutrient Offset: P (Ibs) Buffer Rural Yes I / P Restoration 0-100 O'Berry Creek, UT1 262,015 262,015 1 100% 1.00000 Yes 262,015.000 Yes 13,672.293 — Nutrient Offset Rural Yes I / P Restoration 101-200 O'Berry Creek, UT1 312,904 1 33% No — Yes 16,327.749 — Nutrient Offset Rural No Ditch Restoration 0-200 Ditch A, Ditch B, Ditch C, Ditch D 218,973 1 100% No — Yes 11,426.325 — Rural No Ditch Restoration Diffuse Flow Deductions 5,146 1 No — No — — Totals (ft2): Total Buffer (ft2): Total Nutrient Offset (ft2): 799,038 262,015 262,015.000 41,426.366 0.000 262,015 262,015 531,877 N/A Total Ephemeral Area (ft2) for Credit: Total Eligible Ephemeral Area (ft2): Eligible for Preservation (ft2): 0 0 90,755 0.0% 90,755 25.0% Ephemeral Reaches as % TABM Preservation as % TABM Credit Type Location Subject? Feature Type Mitigation Activity Min -Max Buffer Width (ft) Feature Name Total Area (sf) Total (Creditable) Area for Buffer Mitigation (sf) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Riparian Buffer Credits Rural Yes I / P Preservation 0-100 O'Berry Creek, UT1 201,412 87,338 10 100% 10.00000 8,733.800 Rural Yes I / P Preservation 101-200 O'Berry Creek, UT1 55,343 10 33% — Preservation Area Subtotals (ft2): 256,755 87,338 a O'Berry Road Mitigation Bank Parcel HUC 03020201 Page 12 BPDP August 2022 Table 10: O'Berry Road - Total Area of Buffer and Nutrient Offset Mitigation TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 262,015 262,015.000 Enhancement: 0 0.000 Preservation: 87,338 8,733.800 Total Riparian Buffer: 349,353 270,748.800 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset. Nitrogen: 531,877 27,754.074 Phosphorus: 0.000 Upon submittal of the appropriate documentation by the Sponsor and subsequent approval by NCDWR, the mitigation credits associated with the O'Berry Road Mitigation Bank Parcel will be released as described in the UMBI. . O'Berry Road Mitigation Bank Parcel HUC 03020201 Page 13 BPDP August 2022 8.0 References Lee, M.T., Peet, R.K., Roberts, S.D., & Wentworth, T.R. 2008. CVS-EEP Protocol for Recording Vegetation Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocol-v4.2-Iev1-2.pdf North Carolina Department of Environmental Quality (NCDEQ), 2015. 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. http://reports.oah.state.nc.us/ncac/title%2015a%20- %20e nvi ro n m e nta l %20q u a l ity/chapter%2002%20- %20environmental%20management/subchapter%20b/15a%20ncac%2002b%20.0295.pdf North Carolina Division of Water Resources (NCDWR), 1992. NC Surface Water Classifications. https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c8 Odd64265 North Carolina Division of Water Resources (NCDWR), 2000. 15A NCAC 02B .0233 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers. https://files.nc.gov/ncdeq/Water%20Quality/Surface%20Water%20Protection/401/Buffer%20Ru1 es/NeuseBufferRule_15a%20ncac%2002b%20.0233.pdf North Carolina Division of Water Resources (NCDWR), 2008. Buffer Interpretation/Clarification #2008- 019 — Memorandum. https://files.nc.gov/ncdeq/Water%20QuaIity/Surface%20Water%20Protection/401/Buffer%20CIar ification%20Memos/Diffuse-Flow-for-Buffer-Mitigation-Sites-Buffer-Clarification-Memo- 20080819. pdf North Carolina Ecosystem Enhancement Program (NCEEP), 2018. Neuse River Basin Restoration Priorities (RBRP) 2010 —Amended August 2018. https://files.nc.gov/ncdeq/Mitigation%20Services/Watershed_Planning/Neuse_River_Basin/RBRP -Neuse-201807-.pdf North Carolina Natural Heritage Program (NHP), 2021. Natural Heritage Element Occurrence Database, Wayne County, NC. https://ncnhde.natureserve.org/ United States Department of Agriculture (USDA), 1974. Natural Resources Conservation Service, Soil Survey Geographic (SSURGO) database for Wayne County, North Carolina. https://websoilsurvey.sc.egov.usda.gov/ United States Fish and Wildlife Service (USFWS), 2021. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Wayne County, NC. https://ecos.fws.gov/ipac/ WO'Berry Road Mitigation Bank Parcel HUC 03020201 Page 14 BPDP August 2022 Figures Directions: From the City of Raleigh, travel on I-40 East for approximately 36 miles, following signs for Benson/Wilmington. Take exit 341 for NC-50/NC-55 toward US-13/Newton Grove. Turn left and drive approximately 1.3 miles. At the traffic circle take the 3rd exit onto NC-50 S/NC-55 E/Mt. Olive Dr. Drive approximately 10 miles and turn left on Odom Mill Road. Drive 1 mile and turn right on Crows Foot Road. After 2.7 miles, turn right on Dudley Rd/O'Berry Rd. Drive 5.3 miles. The parcel is accessible via a dirt access road on the left. it.___; Bank Parcel Conservation Easement * O'Berry Road Mitigation Bank Parcel Location Southern Wayne Golf Course • unt Olive College WILDLANDS ENGINEERING I I I I 0 0.5 1 Miles Figure 1. Vicinity Map O'Berry Road Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC L• L.q• r11111 1 1 ..J 1 1 IEI .1•.•r•• y•y }J '.rld�•I.1 1 1 1 1 .1 •• •�•. / + .I•- F rt 469 fl 6` �Ar Sprirrg Lake I :.1l Bragg County Boundary HUC 03020201 Service Area for Project's Credits O'Berry Road Mitigation Bank Parcel Location i Louisburg 4.4 •�. [rill-. t3ul� . Lillington Cra 5 Walkerlown Erwin Dunn 1 .t • 004g,if WILDLANDS ENGINEERING 0 5 10 Miles 1 I I I Figure 2. Service Area Map OrBerry Road Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Project Location Non -Project Stream 1__1 Bank Parcel Conservation Easement X — Existing Fence Existing Utility Easement Unpaved Access Road Existing Pond Existing Utility Line Project Stream ® Existing Utility Pole Project Ditch CJ Existing Culvert rig oto raphy kitioWILDLANDS ENGINEERING 0 200 400 Feet l 1 1 1 l Figure 3. Site Map OrBerry Road Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Southwest Goldsboro USGS 7.5-Minute Topographic Quadrangle tir i . aft. Project Location t nk Parce! Conservation Easement 1 11 'I N.,. J 1 { I4WILDLANDS ENGINEERING 0 250 500 Feet 1 1 1 1 ! Figure 4. USGS Topographic Map OFBerry Road Mitigation Bank Parcel Bank Parcel development Package Neuse River Basin (03020201) Wayne County, NC Bank Parcel Conservation Easement Watershed Subwatershed Project Stream Project Ditch Non -Project Stream Topographic Contour (2') v' WILDLANDS ENGINEERING 0 375 750 Feet I I I I I Figure 5. Watershed Map O'Berry Road Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC NRCS 1974 Soil Survey of Wayne County - Sheet 30 WWILDLANDS ENGINEERtNG 0 250 500 Feet I I Figure 6. NRCS 1974 Soil Survey Map O'Berry Road Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201} Wayne County, NC Project Location —1 Bank Parcel Conservation Easement Existing Utility Easement Project Stream Project Ditch Mitigation Approach 1 r Riparian Restoration for Buffer Credit Riparian Preservation for Buffer Credit Riparian Restoration for Nutrient Credit Not for Credit Surveyed Tree Line Non -Project Stream Existing Utility Line Existing Utility Pole 2017 Aerial Photography OtWILDLANDS ENGINEERING 0 200 400 Feet 11 1 1 I Figure 7. Buffer Credits Map O'Berry Road Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC 2017AerialPh tography 11EIMIMP Project Location !__ Bank Parcel Conservation Easement Project Stream Project Ditch Mitigation Approach 1 • 1 Riparian Restoration for Buffer Credit Riparian Preservation for Buffer Credit Riparian Restoration for Nutrient Credit Not for Credit Buffer Zones 30' from Top of Bank r7 501 from Top of Bank 100' from Top of Bank f l 200' from Top of Bank Non -Project Stream WILDLANDS ENGINEERING 0 200 400 Feet 11 1 1 I Figure 8. Riparian Buffer Zones Map O'Berry Road Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC 2017 Aerial Photography Project Location _ 1 Bank Parcel Conservation Easement Existing Utility Easement Project Stream Project Ditch Mitigation Approach Riparian Restoration for Buffer Credit Riparian Preservation for Buffer Credit Riparian Restoration for Nutrient Credit Not for Credit Non -Project Stream Existing Utility Line Existing Utility Pole Y ` ❑ Vegetation Plot WILDLANDS ENGINEERING 0 200 400 Feet l 1 1 1 l Figure 9. Monitoring Components Map O'Berry Road Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Appendices Appendix A: Current Land Use Photographs O'Berry Creek O'Berry Creek — Upstream (09/07/2021) O'Berry Creek — Downstream — Preservation Areas (09/07/2021) O'Berry Creek — Downstream left (09/07/2021) O'Berry Creek — Downstream right (09/07/2021) O'Berry Road Mitigation Bank Parcel HUC 03020201 UT1 UT1— Downstream left (09/07/2021) UT1— Upstream (09/07/2021) UT1— Downstream right (09/07/2021) O'Berry Road Mitigation Bank Parcel 141 HUC 03020201 Ditch A Ditch A — Downstream right (09/07/2021) Ditch A — Upstream left (09/07/2021) Ditch A — Upstream (09/07/2021) O'Berry Road Mitigation Bank Parcel HUC 03020201 Ditch B Ditch B — Downstream left (09/07/2021) Ditch B — Upstream right (09/07/2021) Ditch B — Upstream (09/07/2021) O'Berry Road Mitigation Bank Parcel 141 HUC 03020201 Ditch C Ditch C — Downstream Ieft (09/07/2021) Ditch C — Upstream Ieft (09/07/2021) Ditch C — Downstream (09/07/2021) Ditch C — Downstream right (09/07/2021) Ditch C — Upstream right (09/07/2021) ` O'Berry Road Mitigation Bank Parcel 141 HUC 03020201 Ditch D Ditch D — Downstream Ieft (09/07/2021) Ditch D — Downstream right (09/07/2021) Ditch D — Upstream Ieft (09/07/2021) Ditch D — Upstream right (09/07/2021) O'Berry Road Mitigation Bank Parcel HUC 03020201 Appendix B: Historical Aerials R fNOU4RY #: 6161860.5 /� N - gm,YEAR: 2016 ('EDR /et " • 4 • a •4•1: • difillik • INQUIRY #: 6161860.5 YEAR: 2012 = drEDR Agiateak • • -get 4111r.ii. .a111120111ff MENU _ - INQUIRY #: 6161860.5 YEAR: 2009 500' N �E� INQUIRY #: 6161860.5 YEAR: 1999 = 750' N DR '41‘1, INQUIRY #: 6161860.5 YEAR: 1993 500' N INOU4RY #: 6161860.5 YEAR: 1973 N = buu FOR ti INQUIRY #: 6161860.5 YEAR: 1964 = 500' 'EDR INOLJ RY #: 6161860.5 YEAR: 1959 gr111, •J‘J,J N DR ,,s1111"21111.115'...,-k.:1111r Appendix C: On Site Determination of Applicability to Neuse Riparian Buffer Rules Site Viability for Buffer Mitigation and Nutrient Offset Letter DocuSign Envelope ID: 3E3B7ODF-A685-471B-82CF-8E060228DD32 ROY COOPER Governor DIONNE DELLI-CATTI Secretary S. DANIEL SMITH Director Andrea Eckardt Wildlands Engineering Inc. aeckardt@wildlandseng.com Carolyn Lanza Wildlands Engineering Inc. clanza@wildlandseng.com NORTH CAROLINA Environmental Quality May 24, 2021 Project 20210019 Wayne County Subject: Determination for Applicability to the Neuse River Buffer Rules 15A NCAC 02B .0714 Project Name: O'berry Road Mitigation Bank Parcel Address: 808 Dudley Road, Dudley NC 28333, Wayne County, NC Location: Lat., Long: 35.267819, -78.072945 Dear Ms. Eckardt and Ms. Lanza: On January 29, 2021 and May 20, 2021, Shelton Sullivan of the Division of Water Resources (DWR) conducted an on -site review of features located on the O'berry Road Mitigation Bank Parcel at the request of Wildlands Engineering Inc. to determine the applicability of features on the site to the Neuse River Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0714. 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 Riparian Area Protection Rules. Streams that are considered "Subject" have been located on the most recently published NRCS Soil Survey of Wayne County 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 or 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. Lkomvnmi a r+rq+7 North Carolina Department of Environmental Quality I Division of Water Resources S12 North Salisbury Street 11417 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 3E3B7ODF-A685-471B-82CF-8E060228DD32 Project 20210019 O'berry Road Wayne Co. Page 2 of 3 The following table addresses the features observed and rated during the DWR site visit. 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 D1 Ditch No Not evaluated Not evaluated No No D2 Ditch No Not evaluated Not evaluated No No D3 Ditch No Eastern easement boundary O'Berry Creek Start Yes Yes D7 Ditch No Not evaluated O'Berry Creek Start No No O'Berry Creek (See Note 1) Stream -at least I Yes O'Berry Creek Start at D3 and D7 confluence (See Note 1) Continues beyond Easement boundary Yes Yes D4 Ditch No Near Dudley Confluence with O'Berry Creek Yes NoRoad Pond 1 Pond No See Map n/a No Yes D8 (See Note 2) Ditch No Easement boundary Confluence with D6 and UT 1 No No D6 (See Note 2) Ditch No Property boundary and solar farm Confluence with D8 and UT1 No No Pond 2 (See Note 2) Pond No See Map n/a No Yes UT1 (See Note 2) Stream — at least I Yes UT 1 Start confluence of D8 and D6 Confluence with O'Berry Creek Yes Approximately shown Yes Approximately shown Note 1: O'Berry Creek starts in a modified natural channel. This channel has been maintained regular a valley and crenulation on the USGS map and present on the soil survey. Note 2: From the historical aerials and DWR observations, UT1 originally included the pond which survey and USGS maps. The dug features just to the east and south of pond 2, D8 and D6, now intercept the surface runoff and base flow that would have originally entered the pond feature. Therefore, the on the maps has been moved to the feature now labeled as UT1. This feature ties directly into the original feature just below pond 2. There is no discernable channel connecting pond 2 to UT1. y but is within is on the soil much of feature shown stream * 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, as per 15A NCAC 02B .0714 (4). L�'i�rrikorbnittlal il 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: 3E3B7ODF-A685-471B-82CF-8E060228DD32 Project 20210019 O'berry Road Wayne Co. Page 3 of 3 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 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 shelton.sullivan@ncdenr.gov or 919-239-0238. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, DocuSigned by: Patti 10O�O 949D91 BA53EF4 E0... Paul Wojoski Supervisor, DWR 401 & Buffer Permitting Attachments: Site Map with labels, Photos, NRCS Soil Survey, USGS Topographical Map cc: Katie Merritt via email katie.merritt@ncdenr.gov 401 & Buffer Permitting Branch files Frank and Debra Hines, 524 Eagles Nest Road, Dudley, NC 28333-6170 James and Carolyn Lee, 524 Eagles Nest Road, Dudley, NC 28333-6170 E urodv,ualwrnviwe.wirouaLly Filename: 20210019_0berryRoadBankParcel_WayneCo_StreamCall_5-24-21 North Carolina Department of Environmental Quality I Division of Water Resources S12 North Salisbury Street 11417 Mail Service Center 1 Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 3E3B70DF-A685-471B-82CF-8E060228DD32 O'berry Site Map with DWR Labels, Shelton Sullivan DWR 1/29/21 and 5/20/21 2017 Aerial Photography Project ,ocation Proposed Conservation Easement Existing Pond Existing Utility Easement Project Stream Project Ditch -- _"•• Non -Project Ditch Non -Project Stream Existing Culvert 1 t s OWILDLANDS EN0LNEERtNG 0 200 400 Feet I I I I Site Map D'Berry Road Bank Parcel i'1euse River Basin 03020201) Wayne County, NC DocuSign Envelope ID: 3E3B7ODF-A685-471B-82CF-8E060228DD32 O'berry Road Pics, Shelton Sullivan, DWR 1/29/21 and 5/20/21 D3 looking upslope O'Berry Creek, looking downstream O'Berry Creek Start, D3 and D7 confluence. D8 looking downslope toward UT1 DocuSign Envelope ID: 3E3B7ODF-A685-471B-82CF-8E060228DD32 O'berry Road Pics, Shelton Sullivan, DWR 1/29/21 and 5/20/21 D6 looking downslope toward D8 and UT1 (pond 2 to left) UT1 Start (confluence of D6 and D8) UT1 below confluence with D6 and D8 UT1 confluence with original channel DocuSign Envelope ID: 3E3B7ODF-A685-471B-82CF-8E060228DD32 Project Location _j Proposed Conservation Easement -r O berryk d Southwest Goldsboro USGS 7.5 Minute Topographic Quadrangle 1 OIVIOWILDLANDS ENGINEERING 0 300 600 Feet I I I Figure 2. USGS Topographic Map O'Berry Road Bank Parcel Neuse River Basin (03020201) Wayne County, NC DocuSign Envelope ID: 3E3B7ODF-A685-471B-82CF-8E060228DD32 11 Dr .1974 NRCS Soil Survey of Wayne County - Sheet 3❑ WILDLANDS ENGINEERING 0 300 600 Feet I I ! Figure 3. 1974 NRCS Soil Survey Map O'Berry Road Bank Parcel Neuse River Basin (03020201) Wayne County, NC DocuSign Certificate Of Completion Envelope Id: 3E3B70DFA685471B82CF8E060228DD32 Subject: Please DocuSign: 20210019_OberryRoadBankParcel_WayneCo_StreamCall_5-24-21.pdf Source Envelope: Document Pages: 8 Signatures: 1 Certificate Pages: 1 Initials: 0 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Status: Completed Envelope Originator: Shelton Sullivan 217 W. Jones Street Raleigh, NC 27699 shelton.sullivan@ncdenr.gov IP Address: 149.168.204.10 Record Tracking Status: Original 5/23/2021 4:56:00 PM Security Appliance Status: Connected Storage Appliance Status: Connected Holder: Shelton Sullivan shelton.sullivan@ncdenr.gov Pool: StateLocal Pool: North Carolina Department of Environmental Quality Location: DocuSign Location: DocuSign Signer Events Signature Timestamp Paul Wojoski r--DocuSiybeeoy: Paul.Wojoski@ncdenr.gov Pa`°4451, O64' North Carolina Department of Environmental Quality `NIa°e,ensseFse°. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature Adoption: Pre -selected Style Using IP Address: 149.168.204.10 Sent: 5/23/2021 4:57:06 PM Viewed: 5/25/2021 11:55:58 AM Signed: 5/25/2021 11:59:28 AM Freeform Signing In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Certified Delivered Signing Complete Completed Hashed/Encrypted Security Checked Security Checked Security Checked 5/23/2021 4:57:06 PM 5/25/2021 11:55:58 AM 5/25/2021 11:59:28 AM 5/25/2021 11:59:28 AM Payment Events Status Timestamps DocuSign Envelope ID: E1397694-6FAC-4099-82A4-D2E133A8F9BF ROY COOPER Governor ELIZABETH 5. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality July 31, 2021 Andrea Eckardt Wildlands Engineering, Inc. (via electronic mail: aeckardt@wildlandseng.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — O'Berry Road Site Near 35.265142, -78.076819 in Dudley, NC Neuse 03020201 Wayne County Dear Ms. Eckardt, On May 28, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Wildlands Engineering, Inc. (Wildlands) 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 1-Site Map" (Figure 1) prepared by Wildlands. The proposed easement boundary in Figure 1, includes all riparian areas intended to be proposed as part of the mitigation site. On July 7, 2021, Ms. Merritt performed a site assessment of the subject site. Staff with Wildlands 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. Qs) N,,,„cAr,„,N, 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: E1397694-6FAC-4099-82A4-D2E133A8F9BF O'Berry Rd Site Wildlands July 31, 2021 Feature Classification 1Subject 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 D5 Ditch No Not located within project boundary, but drains to D1 N/A N/A N/A D1 Starts at 35.269925, -78.069081 Ditch >3' depth No Left Bank - mature forest Right Bank — Non -forested agricultural fields N/A N/A Hydrologically connected to D3 D2 Ditch >3' depth No Non -forested agricultural fields N/A N/A Hydrologically connected to D3 D3 Continues beyond easement boundary Ditch >3' depth No Non -forested agricultural fields; Mature forest on right side as it continues beyond proposed easement boundary No Yes (non- forested areas only) Restoration site per 15A NCAC 02B .0295 (n) D4 Ditch No Not located within project boundary but drains to O'Berry Creek N/A N/A N/A D7 Starts at ridge line (35.266725, -78.069686) Ditch >3' depth No Beginning @ ridge line No Yes Restoration site per 15A NCAC 02B .0295 (n) down to O'Berry Creek confluence: Non -forested agricultural fields O'Berry Creek Stream Yes A combination of mature forested areas and non- forested agricultural fields; an offline ag. Pond 2 is present along left bank & has a diversity of early successional trees and invasives along the perimeter 2Yes Yes (non- forested areas only) Early Successional areas & Mature Forest - Preservation Site per 15A NCAC 02B .0295 (o)(5) Non -forested areas = Restoration site per 15A NCAC 02B .0295 (n) Pond must be drained, backfilled, graded, seeded and planted, for the area within the pond footprint to be viable as a Restoration Site per 15A NCAC 02B .0295 (n) and viable for buffer mitigation and nutrient offsets D6 Ditch >3' depth No Non -forested agricultural fields & pond 1 (see UT1 for assessment regarding Pond 1) No Yes (non- forested areas only) Restoration site per 15A NCAC 02B .0295 (n) D8 Ditch >3' depth No Non -forested agricultural fields No Yes Restoration site per 15A NCAC 02B .0295 (n) Page 2 of 4 DocuSign Envelope ID: E1397694-6FAC-4099-82A4-D2E133A8F9BF Little River Ford Site Wildlands July 27, 2021 Feature Classification 1Subiect Riparian Land uses Buffer 'Nutrient 4'5Miti¢ation Type Determination w/in onsite to Buffer adjacent to Feature Credit Offset riparian areas (0-200') Viable Viable Rule UT1 Stream Yes Mostly surrounded by non- forested agricultural fields; an offline ag. Pond 1 is present along left bank & has a narrow forested fringe along the perimeter. Downstream is mature forest to confluence with O'Berry Creek 2Yes Yes (non- forested areas only) Forested fringe & Mature Forest - Preservation Site per 15A NCAC 02B .0295 (o)(5) Non -forested areas = Restoration site per 15A NCAC 02B .0295 (n) Pond must be drained, backfilled, graded, seeded and planted, for the area within the pond footprint to be viable as a Restoration Site per 15A NCAC 02B .0295 (n) and viable for buffer mitigation and nutrient offsets. Draining the pond must be done in a manner that is considered to have minimal impacts to water quality in UT1 via the outfall conveyance to UT1. 1Subjectivity calls for the features were determined by DWR in correspondence dated May 24, 2021 (DWR# 2021-0019) 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). Determinations provided in the table above were made using a proposed easement boundary showing proposed mitigation areas shown in Figure 1. The map representing the proposal for the site is attached to this letter and initialed by Ms. Merritt on July 31, 2021. 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. 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 Page 3 of 4 DocuSign Envelope ID: E1397694-6FAC-4099-82A4-D2E133A8F9BF O'Berry Rd Site Wildlands July 31, 2021 calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0703. This viability assessment will expire on July 31, 2023 or upon approval of a mitigation plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, stream or wetland mitigation plan for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, �DocuSigned by: P .J Ivor. S 949D91 BA53EF4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch PW/kym Attachments: Figure 1: Site Map, Figure 4: Site Map w/ Watersheds cc: File Copy (Katie Merritt) Page 4 of 4 DocuSign Envelope ID: E1397694-6FAC-4099-82A4-D2E133A8F9BF +c • Project Location Conservation Easement Project Stream Project Ditch Existing Pond Non -Project Ditch Utility Line Non -Project Stream Existing Culverts 2017 Aerial Photography WILDLANDS ENGINEERING 0 225 450 Feet 1 1 1 1 1 Figure 1. Site Map O'Berry Road Bank Parcel Neuse River Basin (03020201) Wayne County, NC DocuSign Envelope ID: E1397694-6FAC-4099-82A4-D2E133A8F9BF Project Location Conservation Easement Project Stream ■ Project Ditch Existing Pond Watersheds Non -Project Ditch Utility Line Non -Project Stream Existing Culverts • 1 'Berry Creek 2017 Aerial Photography W 1 L D LAN D S ENGINEERING 0 225 450 Feet 1 1 1 1 1 Figure 4. Site Map with Watersheds O'Berry Road Bank Parcel Neuse River Basin (03020201) Wayne County, NC Appendix D: USFWS Self -Certification Letter and Correspondence SHPO Request for Review and Response EDR Radius Map Report, Executive Summary WILDLANDS Era GI N E ERING February 8, 2021 Kathryn Matthews US Fish and Wildlife Service Raleigh ES Field Office 551-F Pylon Drive Raleigh, NC 27606 Subject: O'Berry Road Buffer Mitigation Bank Parcel Wayne County, North Carolina Dear Ms. Matthews, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to fish and wildlife issues associated with a potential riparian buffer restoration project on the O'Berry Road Mitigation Bank Parcel located in Wayne County, NC. An Overview Site Map is enclosed. The site is located at latitude 35.267644 longitude -78.073667. The O'Berry Road Mitigation Bank Parcel is being developed to provide riparian buffer and nutrient offset mitigation in the Neuse River basin. The project will include buffer restoration along two unnamed tributaries and three ditches. One existing off-line pond will be removed. This buffer mitigation project will reduce sediment and nutrient loading, provide and improve terrestrial and in stream habitats, and improve stream and bank stability. The area surrounding the streams and channels proposed for buffer restoration is currently row crop agricultural fields. Restoring the vegetative buffer on the areas up to 200 feet from the streams and ditches will remove the crops and fertilizer inputs within the project area. The restored floodplain areas will filter sediment during high rainfall events. The establishment of riparian buffers will create shading to minimize thermal heating. Finally, newly planted native vegetation will provide cover and food for wildlife. The major goals of the proposed buffer restoration project are to provide ecological and water quality enhancements to the Neuse River Basin by creating a functional riparian corridor and restoring the riparian buffer. Waters of the United States 404/401 permitting is not required for this buffer mitigation site as construction activities will only involve planting riparian vegetation and will not impact project streams or downstream resources. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Carolyn Lanza, Environmental Scientist clanza@wildlandseng.com 313.969.7318 Attachments: Figure 1 Site Map Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 L_._J Project Location Proposed Conservation Easement Existing Pond Existing Utility Easement Project Stream Project Ditch Non -Project Stream Temporary Construction Easement Path CI Existing Culvert 614/1111,WILDLANDS ENGINEERING 0 200 400 Feet I I I l Figure 1. Overview Site Map O'Berry Road Mitigation Bank Parcel Neuse River Basin (03020201) Wayne County, NC u.s FH LI & W ILIF.IFR United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 01 /29/2021 Project Name Self -Certification Letter O'Berry Road Mitigation Bank Parcel Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: o o ❑✓ "no effect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Species Conclusions Table Project Name: O'Berry Road Mitigation Bank Parcel Date: 01/08/2021 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Necturus lewisi (Neuse River Waterdog) No suitable habitat present No Effect A Field Survey was conducted on January 07, 2021 and no suitable habitat was found due to siltation, poor water quality, and small ditch/channel size. The proposed project is not in the proposed critical habitat area designated by USFWS for this species. Per NCNHP data explorer, no known element occurrences exist within the proposed project area. Noturus furiosus (Carolina Madtom) No suitable habitat present No Effect A Field Survey was conducted on January 07, 2021 and no suitable habitat was found due to lack of appropriate channel substrate, poor water quality, and small ditch/channel size. The proposed project is not in the proposed critical habitat area designated by USFWS for this species. Per NCNHP data explorer, no known element occurrences exist within the proposed project area. Picoides borealis (Red -cockaded Woodpecker) No suitable habitat present No Effect A Field survey conducted on January 07, 2021 determined no suitable habitat was found due to lack of mature forest with appropriate tree species. No critical habitat has been designated by USFWS for this species. Per NCNHP data explorer, no known element occurrences exist within the proposed project area. Bald Eagle Unlikely to disturb nesting bald eagles No Eagle Act Permit Required Not within 660 feet of large bodies of water. Critical Habitat No critical habitat present Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Environmental Scientist Signature /Title 01/08/2021 Date United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2021-SLI-0368 Event Code: 04EN2000-2021-E-00794 Project Name: O'Berry December 14, 2020 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 12/14/2020 Event Code: 04EN2000-2021-E-00794 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 12/14/2020 Event Code: 04EN2000-2021-E-00794 3 Attachment(s): • Official Species List 12/14/2020 Event Code: 04EN2000-2021-E-00794 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 12/14/2020 Event Code: 04EN2000-2021-E-00794 2 Project Summary Consultation Code: 04EN2000-2021-SLI-0368 Event Code: 04EN2000-2021-E-00794 Project Name: O'Berry Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: Buffer Restoration Project Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.26961623628688N78.07482963168036W Fri Counties: Wayne, NC 12/14/2020 Event Code: 04EN2000-2021-E-00794 3 Endangered Species Act Species There is a total of 3 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 Fisheries', 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 STATUS Red -cockaded Woodpecker Picoides borealis Endangered 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 proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 Fishes NAME Carolina Madtom Noturus furiosus There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 Proposed Threatened STATUS Proposed Endangered 12/14/2020 Event Code: 04EN2000-2021-E-00794 4 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. WI LDLAND S ENGINEERING February 8, 2021 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: O'Berry Road Mitigation Bank Parcel Wayne County, North Carolina Dear Ms. Gledhill -Earley, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential riparian buffer restoration project on the O'Berry Road Mitigation Bank Parcel located in Wayne County, NC. An Overview Site Map and a USGS Topographic Map showing the approximate project area are enclosed. The topographic figure was prepared from the Southwest Goldsboro 7.5-Minute USGS Topographic Quadrangle, and the site is located at latitude 35.267644 longitude -78.073667. The O'Berry Road Mitigation Bank Parcel is being developed to provide riparian buffer and nutrient offset mitigation in the Neuse River Basin. The project will include restoration and preservation of two unnamed tributaries, three ditches, referred to hereinafter as O'Berry Creek, UT1, and Ditch 1-3. The downstream half of both O'Berry Creek and UT1, are surrounded by established forest vegetation. However, the upstream half of both O'Berry Creek and UT1 are bordered by open agricultural fields or dirt access roads. There is established forested vegetation on the east side of Ditch 1, while the other side is open agricultural land. Ditch 2 and 3 have no existing riparian buffer and is bordered by agricultural land. The site has been mainly used to grow row crops for many years. The major goals of the riparian buffer and nutrient offset mitigation bank project are to provide ecological and water quality enhancements to the Neuse River Basin while creating a functional riparian corridor at the site level. This will be accomplished by restoring and or preserving the vegetative buffer on the areas up to 200 feet from streams, ditches, and ephemeral channels, along with permanently preserving and protecting the site through establishing a conservation easement. The nearest site on the National Register of Historic Places is the location of the now demolished Vernon Federal 2- story house (WY0006) located approximately three miles southwest. This site will not be disturbed for the proposed project. No other architectural structures or archaeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. We ask that you review the site based on the attached information to determine the presence of any historic properties within the conservation easement area proposed as shown on Figures 1 and 2. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, tti} ru (XLC:i .r4 Carolyn Lanza, Environmental Scientist clanza@wildlandseng.com 919.851.9986 x 113 Attachments: Figure 1 Overview Site Map and Figure 2 USGS Topographic Map Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 2017 Aerial Photography Project Location �- -� Proposed Conservation Easement Existing Pond Existing Utility Easement Project Stream Project Ditch Non -Project Stream Temporary Construction Easement Path CI Existing Culvert WWILDLANDS ENGINEERING 0 200 400 Feet 1 1 1 1 l Figure 1. Overview Site Map O'Berry Road Mitigation Bank Parcel Neuse River Basin (03020201) Wayne County, NC loarabi . ,,.. may_ ` i -.....1 .Cit—#-----_ \-- 1• Southwest Goldsboro USGS 7.5-Minute Topographic Quadrangle / r' Proposed Conservation Easement r` -1 - - 0,141W1LDLANDS , ENGINEERING 0 300 600 Feet I I I Figure 2. USGS Topographic Map O'Berry Road Mitigation Bank Parcel Neuse River Basin (03020201) Wayne County, NC North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson March 12, 2021 Carolyn Lanza Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 clanza@wildlandseng.com Re: O'Berry Road Mitigation Bank, 35.267644, -78.073667, Wayne County, ER 21-0547 Dear Ms. Lanza: Thank you for your letter of February 8, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ,r Ramona Bartos, Deputy L' State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Oberry Mitigation Site 800 Oberry Road Dudley, NC 28333 Inquiry Number: 6161860.2s August 19, 2020 The EDR Radius Map TM Report with GeoCheck® CE DR` 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary _ ES1 Overview Map 2 Detail Map 3 Map Findings Summary _ 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting Source Map_ A-7 Physical Setting Source Map Findings_ A-8 Physical Setting Source Records Searched PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC6161860.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 800 OBERRY ROAD DUDLEY, NC 28333 COORDINATES Latitude (North): 35.2682510 - 35° 16' 5.70" Longitude (West): 78.0737050 - 78° 4' 25.33" Universal Tranverse Mercator: Zone 17 UTM X (Meters): 766199.9 UTM Y (Meters): 3906520.5 Elevation: 150 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5948626 SOUTHWEST GOLDSBORO, NC Version Date: 2013 South Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 5947432 MOUNT OLIVE, NC 2013 Portions of Photo from: 20140525, 20141018 Source: USDA TC6161860.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY Target Property Address: 800 OBERRY ROAD DUDLEY, NC 28333 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION NO MAPPED SITES FOUND 6161860.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL Proposed National Priority List Sites NPL LIENS Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY Federal Facility Site Information listing SEMS Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG RCRA - Small Quantity Generators RCRA-VSQG RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity Generators) Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System TC6161860.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US ENG CONTROLS Engineering Controls Sites List US INST CONTROLS Institutional Controls Sites List Federal ERNS list ERNS Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities OLI Old Landfill Inventory DEBRIS Solid Waste Active Disaster Debris Sites Listing LCID Land -Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LAST Leaking Aboveground Storage Tanks LUST Regional UST Database INDIAN LUST Leaking Underground Storage Tanks on Indian Land LUST TRUST State Trust Fund Database State and tribal registered storage tank lists FEMA UST Underground Storage Tank Listing UST Petroleum Underground Storage Tank Database AST AST Database INDIAN UST Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP Voluntary Cleanup Priority Listing VCP Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites TC6161860.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY Local Lists of Landfill / Solid Waste Disposal Sites SWRCY Recycling Center Listing HIST LF Solid Waste Facility Listing INDIAN ODI Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9 . Torres Martinez Reservation Illegal Dump Site Locations ODI Open Dump Inventory IHS OPEN DUMPS Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL National Clandestine Laboratory Register Local Land Records LIENS 2 CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System SPILLS Spills Incident Listing IMD Incident Management Database SPILLS 90 . SPILLS 90 data from FirstSearch SPILLS 80 . SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR_ RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD Department of Defense Sites SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST EPA WATCH LIST 2020 COR ACTION 2020 Corrective Action Program List TSCA_ Toxic Substances Control Act TRIS Toxic Chemical Release Inventory System SSTS Section 7 Tracking Systems ROD Records Of Decision RMP Risk Management Plans RAATS RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS PCB Activity Database System ICIS Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS Material Licensing Tracking System COAL ASH DOE Steam -Electric Plant Operation Data COAL ASH EPA_ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees TC6161860.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY INDIAN RESERV Indian Reservations FUSRAP Formerly Utilized Sites Remedial Action Program UMTRA_ Uranium Mill Tailings Sites LEAD SMELTERS Lead Smelter Sites US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES Mines Master Index File ABANDONED MINES Abandoned Mines FINDS Facility Index System/Facility Registry System DOCKET HWC Hazardous Waste Compliance Docket Listing UXO Unexploded Ordnance Sites ECHO Enforcement & Compliance History Information FUELS PROGRAM EPA Fuels Program Registered Listing AIRS Air Quality Permit Listing ASBESTOS ASBESTOS COAL ASH Coal Ash Disposal Sites DRYCLEANERS Drycleaning Sites Financial Assurance Financial Assurance Information Listing NPDES NPDES Facility Location Listing UIC Underground Injection Wells Listing AOP Animal Operation Permits Listing CCB Coal Ash Structural Fills (CCB) Listing SEPT HAULERS Permitted Septage Haulers Listing MINES MRDS Mineral Resources Data System PCSRP Petroleum -Contaminated Soil Remediation Permits EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner . EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC6161860.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC6161860.2s EXECUTIVE SUMMARY 7