HomeMy WebLinkAbout20210019 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
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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
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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.
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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
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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.
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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
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(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
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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.
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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,
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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
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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.
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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
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Document Pages: 8 Signatures: 1
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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
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Holder: Shelton Sullivan
shelton.sullivan@ncdenr.gov
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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
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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,
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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.
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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