Loading...
HomeMy WebLinkAbout20201148 Ver 2_BPDP_Draft_20221007Mitigation Project Information Upload ID#* 20201148 Version* 2 Select Reviewer: * Katie Merritt Initial Review Completed Date 10/19/2022 Mitigation Project Submittal - 10/7/2022 ............................................................................................................................................................................................ Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project: * Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Company/Owner: * Eco Terra, LLC Contact Name: * Scott Frederick Project Information Project Type: Project Name: Falling Creek Farm County: Wayne Document Information ....................................................................................................................................... Mitigation Document Type: * Mitigation Plans File Upload: Signature Print Name:* Signature:* DMS • Mitigation Bank Yes No Email Address:* scott@ecoterra.com FallingCreekFarm_BPDP_Draft.pdf 15.72MB Please upload only one PDF of the complete file that needs to be submitted... Scott J Frederick scoll JT F ecejc4r Prepared By: Draft Bank Parcel Development Package Falling Creek Farm Site Wayne County, North Carolina Neuse River Basin HUC 03020201 �ItMUTOW_ i.1►r.��_����������a��r��a NCDWR No. 2020-1148, V1 Prepared For: NC Department of Environmental Quality Division of Water Resources 1652 Mail Service Center Raleigh, NC 27699-1652 ocolterra Eco Terra, LLC 1328 Dekalb Avenue NE Atlanta, GA 30307 409.913.0020 October 2022 Virlib VHB Engineering NC, P.C. 940 Main Campus Dr. Ste. 500 Raleigh, NC 27606 919.754.5019 Table of Contents 1.0 Introduction.....................................................................................................................................1 2.0 Mitigation Project Summary...............................................................................................................1 2.1 Project Goals.....................................................................................................................................1 2.2 Existing Parcel Conditions...............................................................................................................2 2.3 Site Viability.......................................................................................................................................3 2.4 Watershed Characterization............................................................................................................4 2.5 Soils....................................................................................................................................................4 2.6 Existing Vegetative Communities...................................................................................................5 2.7 Threatened and Endangered Species............................................................................................5 2.8 Cultural Resources............................................................................................................................5 2.9 Jurisdictional Resources -Section 404/401....................................................................................5 2.10 FEMA Floodplain Compliance.......................................................................................................6 2.11 Site Access, Utilities, and Site Constraints...................................................................................6 3.0 Site Protection Instrument..................................................................................................................6 4.0 Mitigation Work Plan...........................................................................................................................6 4.1 Parcel Preparation............................................................................................................................6 4.2 Restoration Activities.......................................................................................................................7 4.3 NCDWR As -Built Evaluation............................................................................................................8 5.0 Monitoring and Maintenance Plan....................................................................................................8 5.1 Monitoring Protocol.........................................................................................................................8 5.2 Adaptive Management Plan...........................................................................................................9 6.0 Financial Assurance and Long -Term Management .........................................................................9 6.1 Financial Assurances........................................................................................................................9 6.2 Long Term Management Plan........................................................................................................9 7.0 Project Credits and Credit Release.....................................................................................................9 8.0 References...........................................................................................................................................12 Figures Tables Figure 1. Vicinity Figure 2. Credit Service Area Figure 3. Existing Conditions Figure 4A. 1950 Historical Aerial Figure 4B. 1980 Historical Aerial Figure 5. Watershed Figure 6. USGS Topographic Figure 7. NRCS 1974 Soil Survey Figure 8. Credits Figure 9. Riparian Buffer Zones Figure 10. Monitoring Plan Table 1. Project Goals and Objectives Table 2. Project Attributes Table 3. Project Features Table 4. Drainage Area and Associated Land Use Table 5. Soil Types and Descriptions Table 6. Potential Federally Protected Species at the Site Table 7. Site Protection Instrument Table 8. Proposed Planting Plan Table 9. Credit Release Schedule Table 10. Project Credit Tables Appendices Appendix A. Waste Utilization Plan -Updated December 8, 2021 Appendix B. Site Photographs- April 19, 2022 Appendix C. On -Site Determination of Applicability to Neuse Riparian Buffer Rules May 12, 2021 and Site Viability for Buffer Mitigation and Nutrient Offset Letters July 19, 2021 and June 15, 2022 Appendix D. USFWS Self -Certification Letter and Correspondence SHPO Request for Review and Response EDR Radius Map Report -Executive Summary USACE PJD Letter 1.0 Introduction Eco Terra, LLC is providing this Bank Parcel Development Package (BPDP) for the Falling Creek Farm Site, consisting of the conservation easement, (hereinafter referred to as Project or Site) under the proposed Eco Terra Neuse 01 Umbrella Mitigation Banking Instrument (UMBI). The UMBI is being established between Eco Terra, LLC and NC Division of Water Resources (NCDWR). This Site is located approximately five miles east of Newton Grove (Figure 1). It is within the Neuse River Basin and US Geological Survey (USGS) 8-digit Hydrologic Unit Code (HUC) 03020201 (Figure 2), but is outside of the Falls Lake Watershed. This BPDP is in accordance with the Nutrient Offset Credit Trading Rule 15A NCAC 02B .0703. The project is being developed adjacent to the Auctioneer Forest Mitigation Site, which aims to restore wetlands. The wetland portion of the conservation easement is being reviewed by the NC Interagency Review Team (NCIRT). This BPDP is being submitted as a standalone project, independent of the proposed wetland work. To access the Project from Raleigh, take 1-40 East to exit 341 NC-50 S/NC-55 E turn left and continue to US 13 N, and turn right onto South Jordans Chapel Road. The Site is approximately 0.7 miles west of South Jordans Chapel Road intersection. Site coordinates are 35.275018, - 78.261285. A conservation easement covering 8.24 acres will protect riparian buffer and nutrient offset credits in perpetuity. This easement varies in width between 30 and 200 feet outward from the top of bank JOB) along the two ditches and unnamed tributary 1 (UT 1). 2.0 Mitigation Project Summary Project implementation will help to reduce future sediment and nutrient loading to an unnamed tributary (UT) to Falling Creek and its receiving waters downstream. Creation and establishment of forested buffers will help to slow and filter surface runoff from the surrounding fields and improve on -site terrestrial habitats. The Site will provide a maximum of 67,997 sq.ft. of riparian buffer and/or 12,771 Ibs of N nutrient offset mitigation credits. 2.1 Project Goals The primary goals of the Site are to provide ecological and water quality enhancements within the Neuse River Basin by restoring and expanding riparian areas along the UT Falling Creek and its headwater channels to increase opportunities for nutrient uptake before entering jurisdictional water resources. The proposed project supports goals identified in the 2018 Neuse River Basin Restoration Priorities (RBRP) by promoting "nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers". Table 1 lists the specific enhancements to water quality and the ecological process. Ik'a Falling Creek Farm Site Draft BPDP ecolt�rra. Page 1 Table 1: Project Goals and Objectives CU-Wide and RBRP Goal Objectives Supported Goals Reduce sediment Sediment will be captured by deposition in Reduce sediment inputs to input from adjacent the restored buffer along the ditches. streams that drain to the fields Neuse River (RBRP Goal) Reduce nutrient Filtering runoff and subsurface flows from Reduce nutrient inputs to input from adjacent adjacent agricultural fields through restored streams that drain to the fields buffers will decrease nutrient input Neuse River (RBRP Goal) Project protection in Establish a conservation easement on the Site, Targeted implementation of perpetuity including a portion of an unnamed tributary projects (RBRP Goal) to Falling Creek Create diffuse flow Diffuse flow will be maintained throughout Reduce nutrient and sediment through the forested the conservation easement area where inputs to streams that drain to riparian area. possible, thereby reducing nutrients and the Neuse River (RBRP Goal) sediment to downstream waters. 2.2 Existing Parcel Conditions Existing conditions within the 8.24-acre easement area include two ditches (identified as D1 and D2) one jurisdictional stream channel (UT 1), and agricultural fields (Figure 3). Current landuse is livestock grazing, approximately 40 head of cattle. Sludge from a nearby hog farm is periodically applied to the area (nitrogen is considered as the limiting nutrient). The sludge application varies between soil types due to different infiltration rates, leaching potentials, cation exchange capacities and available water holding capacities (Appendix A). Ditch 1 occurs along the southern boundary of the Site. It begins near a gravel pad near the volunteer fire station, flows to the west and at the property boundary turns to the north toward the confluence with UT1. Ditch 1 is approximately 1.1 feet deep near the fire station and transitions in depth as it flows westward eventually reaching approximately 3.3 feet before transitioning back to a ditch that is shallower than three feet. UT 1 is classified as an intermittent channel. From the Site, it flows northward for approximately 1,500 linear feet and converges with Falling Creek. The conservation easement includes one side of the ditch channels and UT 1. Photographs were taken on April 19, 2022, and are included in Appendix B. A spoil pile exists along the majority of the southern boundary, bordering portions of D1 and a wetter area with large ruts is found adjacent to portions of D1 and UT1 (Figure 3). Based on aerial photography, the Site has been in its current configuration since 1981. Historical aerials depict that the Site was forested until 1980, when ditching and clearing operations began. It appears that ditching and clearing were completed by 1981 and the Site has remained in its current state (Figures 4A & 413). Both ditches are evident on the 1980 aerial and the small swale Ik'a Falling Creek Farm Site Draft BPDP eCOlt�rra. Page 2 within the cattle pasture can also be observed approximately mid -way along the easement associated with D1 and UT 1. Ditch 2 originates within the property along a northern boundary of the conservation easement. It flows to the east for approximately xx feet before turning to the north and flowing into an unnamed tributary (Figure 3). Table 2: Project Attributes Project Watershed Summary Information Project Name Falling Creek Farm Site Geographic Location (Lat, Long) 35.275018,-78.261285 River Basin Neuse- Not in the Falls Lake Watershed USGS HUC (8-digit, 14-digit) 03020201, 03020201170010 Site Protection Instrument To be recorded Total Credits` 67,997 BMUs and 12,771 Ibs of N Types of Credits Nutrient Offset BPDP Date June 2022 Initial Planting Date February 2023 Baseline Report Date March 2023 MY1 Report Date December 2023 MY2 Report Date December 2024 MY 3 Report Date December 2025 MY4 Report Date December 2026 MYS Report Date December 2027 2.3 Site Viability NCDWR conducted an initial site visit on October 7, 2020 to assess the stream origin of site resources and site viability for riparian buffer and nutrient offset mitigation. An official Stream Origin Determination Letter was issued on May 12, 2021 and a Site Viability Letter was issued on July 19, 2021. This letter covered UT 1 and Ditch 2 (D2) NCDWR performed a second site visit on May 19, 2022 to determine the Site's viability for riparian buffer and nutrient offset mitigation. A Site Viability Letter was issued on June 15, 2022 and covered UT 1 and Ditch 1. Both ditches, D1 and D2, were deemed suitable for nutrient offset credits pursuant to 15A NCAC 02B .0295.Only the right bank associated with UT 1 was deemed suitable for nutrient offset credits and riparian buffer credits. There have been no changes to land use since NCDWR's site visit on May 12, 2022. A copy of all the NCDWR letters is included in Appendix C and are summarized in Table 3. Ik'a Falling Creek Farm Site Draft BPDP ecolt�rra. Page 3 Table 3: Project Features Resource ID NCDWR Letter ID* Classification Riparian Buffer Viable Nutrient Offset Viable UT 1 UT 1 Stream (Intermittent) Yes' Yes D1 1 A Ditch No Yes D2 2A Ditch No Yes *Site Viability Letters dated July 19, 2021 & June 15, 2022. 'Must follow letter dated July 19, 2021. 2.4 Watershed Characterization The Site is located in the 14-digit HUC 03020201170010 and NCDWR Subbasin 03-04-12. The Site resources flow into Falling Creek which is classified as C; NSW by NCDWR. The watershed is dominated by agricultural land and forested areas (Figure 5). There is minimal impervious surface and future development is not anticipated. Figure 6 shows the Site is located on the Newton Grove North, INC USGS 7.5-minute topographic quadrangle and is gently sloping to the north. Table 4 summarizes the watershed areas and land use. Table 4: Drainage Areas and Associated Land Use Resource ID Mitigation Area (acres) Drainage Area* (acres) Land Use UT1 48 50% agricultural land, 49% forested, < 1 % impervious D1 19 50% agricultural land, 49% forested, < 1 % impervious D2 6 80% agricultural land, 19% forested, <1% impervious *Upstream area 2.5 Soils The Site soils are mapped on the 1974 Natural Resources Conservation Service Wayne County Soil Survey as Dragston loamy sand, Wagram loamy sand, and Weston fine loamy sand (Figure 7). UT 1 is depicted on the soil survey. Table 5 provides soil descriptions. Table 5: Soil Types and Descriptions Soil Series Name Description Dragston loamy sand consists of somewhat poorly drained soil on marine Dr-Dragston loamy sand terraces. Permeability is moderately rapid and surface runoff is slow. Depth to seasonal high-water is between 12 to 30 inches November to April. WaB-Wagram loamy Wagram loamy sand consists of somewhat excessively drained soil on sand 0-6%slopes uplands. Permeability is moderate and surface runoff is negligible to medium. Depth to seasonal high-water is greater than 60-inches. Weston fine loamy sand consists of poorly drained soil on nearly level to We -Weston fine loamy gently rolling flatwoods, and stream terraces. Permeability is moderately sand slow and surface runoff very slow. Seasonal high-water table is at the surface during the wet season. Ik'a Falling Creek Farm Site Draft BPDP eCOlt�rra. Page 4 2.6 Existing Vegetative Communities Open pasture grasslands are the dominate vegetative community on the Site. These areas are comprised of pasture grasses interspersed with soft rush (Juncus effusus), miniature spearwort (Ranunculus flammula), and poverty rush (Juncus tenuis). The spoil pile area is comprised of young sweet gum (Liquidambar styraciflua), dog fennel (Eupatorium capillifolium), (Smilax rotundifolia), soft rush, young loblolly pine (Pinus toeda), and Virginia creeper greenbrier (Parthenocissus quinquefolia). The sweet gum and loblolly pine species range from one to five feet in height. The wetter areas alongside D1 and UT 1 consist of soft rush, dog fennel, poverty rush, blackberry (Rubus argutus), red maple (Acer rubrum), and sweet gum. The hardwood species in the wetter area are found on the top of bank and herbaceous species are present away from the top of bank. 2.7 Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) website identified three federally protected species as potentially occurring at the Site. A NC Natural Heritage Program (NHP) data explorer report did not identify any federally protected species within one mile of the Site. Additionally, a letter from USFWS dated March 18, 2021, indicated the project is not likely to adversely affect any federally listed species (Appendix D). Table 6: Potential Federally Protected Species at the Site* Scientific Name Common Name Habitat Present Biological Conclusion Picoides borealis Red -cockaded woodpecker No No Effect Necturus (ewisi Neuse River waterdog No No Effect Noturus furiosus Carolina madtom No No Effect *Checked study area in USFWS IPaC on 4/4/2022 2.8 Cultural Resources A review of the NC State Historic Preservation Office (SHPO) database (accessed April 20, 2022) was conducted for compliance with Section 106 National Historic Preservation Act. The database did not reveal any occurrences on the National Register of Historic Places (NRHP). Additionally, a scoping letter response from SHPO dated April 26, 2021, indicated no historic properties would be affected (Appendix D). 2.9 Jurisdictional Resources -Section 404/401 A preliminary jurisdictional determination (PJD) site visit was conducted by the USACE on November 17, 2021 and a PJD letter was issued on December 9, 2021 depicting the location of potential jurisdictional resources (Appendix D). Implementation of this project will not fill or impact any Waters of the United States; therefore no Section 404 or 401 permit will be required. `AO Falling Creek Farm Site Draft BPDP ecolt�rrCl. Page 5 2.10 FEMA Floodplain Compliance The Site is not located within any FEMA regulated areas. FEMA regulation begins approximately 2,000 linear feet downstream on Falling Creek. No floodplain development permit will be required. 2.11 Site Access, Utilities, and Site Constraints An EDR Radius Map Report with GeoCheck was requested for the entire parcel through Environmental Data Resources, Inc on April 20, 2022. The Federal, State, and Tribal environmental databases do not list the project parcel or any adjacent properties. There are no known hazardous waste sites identified within one mile of the Site. The executive summary of the EDR report is included in Appendix D. There are no known utility easements that will interfere with the implementation of the riparian buffer restoration. There are no proposed crossings within the easement. The Site is not within a FEMA regulated area as shown on DFIRMS 3720251500J and 3720252500K. 3.0 Site Protection Instrument The land required for planting, management, and stewardship of the Site include portions of the parcel listed in Table 7. The parcel will remain in private ownership with a portion protected by a conservation easement. The stewardship of the conservation easement will transfer to a NCDWR approved long-term stewardship group and will be managed under the terms detailed in the approved NCDWR conservation easement. Table 7: Site Protection Instrument Deed Book Protected Site Protection Landowner PIN County and Page Acreage Instrument Number Conservation Ben and Julia Dunn 2525261229 Wayne 00872/0044 8.24 Easement 4.0 Mitigation Work Plan The project will restore a protected forested corridor on land that has been impacted by agriculture. The restored riparian corridor will improve ecological function on D1, D2, and UT 1. The riparian buffer, and nutrient offset restoration areas are shown on Figures 8 and 9 depicts the different zones by distance from top of bank. 4.1 Parcel Preparation Site preparation will include soil sampling to determine if soil amendments are needed for successful establishment of a forested riparian buffer. Soil amendments will be applied, and % Falling Creek Farm Site Draft BPDP eCOlt�rra. Page 6 invasive species will be sprayed as needed. Figure 3 shows locations of large ruts and a spoil pile. The spoil pile will be removed and large ruts will be smoothed to allow diffuse flow. 4.2 Restoration Activities The Site will be planted with appropriate native hardwood trees species. Vegetation management and herbicide applications may be needed in the first three years to prevent invasive species and promote the establishment of planted hardwood trees. The target community type is the Cypress -Gum Swamp (Blackwater Subtype) (Schafale, 2012). Proposed tree species and permanent seed mix are listed below in Table 8. Table 8: Proposed Planting Plan Scientific Name Common Name Density Spacing Strata Nyssa biffora Swamp Blackgum 10% 8X8 Canopy Taxodium distichum Bald cypress 10% 8X8 Canopy Nyssa aquatica Swamp tupelo 10% 8X8 Canopy Quercus fyrata Overcup oak 10% 8X8 Canopy Swamp chestnut 8X8 Quercus michauxii o 10 /o Canopy oak Quercus faurifofia Laurel oak 10% 8X8 Canopy Quercus nigra Water oak 10% 8X8 Canopy Quercus pheffos Willow oak 10% 8X8 Canopy Carya aquatica Water hickory 10% 8X8 Canopy Magnolia virginiana Sweetbay magnolia 5% 8X8 Understory Persea pafustris Swamp bay 5% 8X8 Understory Herbaceous/ Juncus effusus Soft rush N/A N/A Permanent seed mix Herbaceous/ Carex vufpinoidea Fox sedge N/A N/A Permanent seed mix Herbaceous/ Juncus coriaceus Leathery rush N/A N/A Permanent seed mix Herbaceous/ Argostis a(ba Redtop N/A N/A Permanent seed mix Herbaceous/ Andropogon gerardii Big bluestem N/A N/A Permanent seed mix Herbaceous/ Panicum virgatum Switchgrass N/A N/A Permanent seed mix Herbaceous/ Sorghastrum nutans Indian grass N/A N/A Permanent seed mix Setaria itafica Foxtail millet N/A N/A Herbaceous/ Permanent seed mix Pennisetum g(aucum Pearl top millet N/A N/A Herbaceous/ Permanent seed mix Trees will be spaced 6'X10', which is equivalent to 726 stems per acre and is sufficient to meet the performance standards of 260 stems per acre after five years outlined in Rule 15A NCAC 02B % Falling Creek Farm Site Draft BPDP eCOlt�rra. Page 7 .0295. A minimum of eight species will be planted and species will be mixed to provide diversity of hardwood trees across the Site. No one tree species will be greater than 50% of planted stems. Planted tree species may differ from species listed in Table 8 due to availability of trees at the time of planting. A seed mix will be applied in areas where bare soil and limited herbaceous vegetation is present. The seed mix will include native grasses and will provided temporary and permanent ground cover for stabilization. The proposed planting area is depicted on Figure 8 and is scheduled for installation in January 2023. 4.3 NCDWR As -Built Evaluation Eco Terra will submit a written notification to NCDWR within 30-days of project planting that all buffer and nutrient offset mitigation activities have been completed and the conservation easement has been marked. The credit release schedule may be modified or delayed if written notice is not submitted within 30 days. 5.0 Monitoring and Maintenance Plan 5.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed within the 7.57 acres of planted riparian buffer and nutrient offset areas to monitor survival of planted trees. In order to adequately monitor the vegetation a total of two percent of the planted area will be monitored via 100 square meter plots. Four fixed 100 square meter plots will be established and located in the riparian buffer and nutrient offset credit areas (Figure 10). Two additional random 100 square meter plots will be surveyed each year for a total of six vegetation plots. Vegetation assessment will follow the Carolina Vegetation Survey (CVS) Level 2 Protocol for Recording Vegetation (2008). A reference photo will be taken from the origin of each plot. All planted stems will be marked with flagging tape and recorded. The measures of vegetative success for the Site will be survival of at least four native hardwood tree species, where no one species is greater than 50 percent of stems and have a stem density of at least 260 stems per acre after five years. Native volunteer species may be included to meet the performance standards upon written approval by NCDWR. Invasive species will be monitored and treated. A visual assessment of the conservation easement will be performed each year. This inspection will confirm: • No encroachment; • Invasive species being managed; • No beaver activity; • Diffuse flow is occurring in restored buffer areas; • Easement markers are in good condition; and • No land disturbance has occurred that would impact the restored buffer areas. Ik'a Falling Creek Farm Site Draft BPDP eCOlt�rra. Page 8 5.2 Adaptive Management Plan Remedial actions will be implemented to address components of the Site that are failing to meet success criteria, as part of an adaptive management plan. The source of failure and methods needed to rectify the failure will be identified as part of the remedial actions. Mowing may be considered as a remedial action but Eco Terra will notify NCDWR and gain approval prior to any mowing activities, in order to be in compliance with the Neuse River Buffer Rules 15A NCAC 02B .0714. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of the Falling Creek Farm BPDP, Eco Terra will 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 will be 100% of the estimated cost for implementation of the project as described in the BPDP, but not less than $150,000. In lieu of posting the performance bond, Eco Terra 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 maintenance and monitoring plan 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. 6.2 Long Term Management Plan Upon closeout of the project as approved by NCDWR the Site conservation easement will be transferred to an approved NCDWR long-term stewardship group. The larger parcel will remain in private ownership. The long-term manager will be chosen prior to the submittal of the Monitoring Year 4 (MY4) Report and will be responsible for periodic inspection of the Site to ensure that the restrictions documented in the recorded easement are upheld in perpetuity. No remaining credits will be released for MY4 until the conversation easement has been assigned to an approved stewardship group. 7.0 Project Credits and Credit Release This Site has the potential to generate 84,873 ftz of riparian buffer (67,997 BMUs) along UT1 and 244,745 ftz (12,771 lb of N) of nutrient offset credits within a 8.2-acre conservation easement (Figure 8). The credits will be derived from riparian restoration and service the Neuse 01 watershed, excluding the Falls Lake Watershed. Also, some of the proposed riparian buffer Falling Creek Farm Site Draft BPDP eCOlt�rra. Page 9 mitigation credits, where allowed, can be converted to nutrient offset credit in accordance with the Nutrient Offset Credit Trading Rule, 15A NCAC 02B .0703. In accordance with the UMBI, any credit conversions must be calculated using the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued in November 2019 by NCDWR. Upon receiving written approval by NCDWR, riparian buffer restoration credits, within 0-200 foot zone, 84,873ft2 along UT1, can be converted to nutrient offset credit, generating up to 4,428 Ibs of N. The total potential riparian buffer mitigation and nutrient offset credits that the Falling Creek Farm Site will generate were calculated using the NCDWR "Project Credit Table Template (Updated February 2022)" and are presented in Table 10. Figure 9 depicts riparian zones of 30, 50, 100, and 200 feet from the top of bank to demonstrate width requirements for crediting. There will be two credit ledgers: Riparian Buffer Restoration, and Nitrogen. Table 9 depicts the credit release schedule. Table 9: Credit Release Schedule % Credit Task Project Milestone Available for Sale Instrument and BPDP approved by NCDWR, conservation easement recorded, 1 20 and financial assurance posted. Mitigation site earthwork, planting, and installation of monitoring devices 2 20 completed. 3 Monitoring financial assurance posted and approval of as -built report. 10 4 Monitoring report #1: Approved by NCDWR and financial assurance renewed. 10 5 Monitoring report #2: Approved by NCDWR and financial assurance renewed. 10 6 Monitoring report #3: Approved by NCDWR and financial assurance renewed. 10 Item B(1) of Section X in the Eco Terra Neuse 01 UMBI has been completed 7 5 and approved by NCDWR. No remaining credits released until the conservation easement is assigned to an approved long- term steward. 8 Monitoring report #4: Approved by NCDWR and financial assurance renewed. 5 9 Monitoring report #5: Approved by NCDWR and financial assurance renewed. 10 Total: 100 Falling Creek Farm Site Draft BPDP eCOlerrCh Page 10 ) }}\\\} \}k � \{/ `\% 46 \\ ff _, §) : ! ! «�y § /�2 ! \ {ozEw ƒ § E " Et -�0 2 � #% G�=§�a®$£ / \ W k / 2 § 2 \ < 8.0 References Federal Emergency Management Act (FEMA). 2007. DFIRM 3720251500J. Federal Emergency Management Act (FEMA). 2007. DFIRM 3720252500K. Lee, Michael, R. Peet, S. Roberts, and T. Wentworth. 2008. CVS-EEP Protocol for Recording Vegetation. Version 4.2. Natural Resources Conservation Service (NRCS). 2022. Web Soil Survey. http://websoilsurvey.nrcs.usda.goy/app/HomePage.htm North Carolina Environmental Management Commission. 2014. Rule 15A NCAC 02B .0295 Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. North Carolina Environmental Management Commission. 2020. Rule 15A NCAC 02B .0703 Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. North Carolina Environmental Management Commission. 2020. Rule 15A NCAC 02B .0714 Neuse River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers. North Carolina Division of Mitigation Services (NCDMS). 2018 Neuse River Basin Restoration Priorities. North Carolina Division of Water Quality (NCDWQ). 2010. Methodology for Identification of Intermittent and Perennial Streams and Their Origins. Version 4.11. Raleigh. North Carolina Division of Water Quality (NCDWQ). 2011. Surface Water Classifications. http://portal.ncdenr.org/web/wq/ps/csu/classifications North Carolina Natural Heritage Program. 2022. Data Explorer. Department of Natural and Cultural Resources, Raleigh, North Carolina. Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, NC. 208 pp. U.S. Department of Agriculture Soil Conservation Service. 1974. Soil Survey Wayne County, North Carolina. U.S. Fish and Wildlife Service (USFWS), 2022. Information and Planning Consultation (IPaC). https://ecos.fws.gov/ipac/ Ik'a Falling Creek Farm Site Draft BPDP ecol�rrCh Page 12 Figure 7: Vicinity Falling Greek Farm Site I Newton Grove, NC a QN 0 325 550 Feet Source- E5R1 Street: 8asernap ��y N %10 Ica,Ltarra- hb. ' , t Starlight Newton Grave r F Esri, HERE, Garmin, SafeGraph, 44 METI/NASA, USGS, EPA, NIPS, USDA r - 2z Esri Community Maps Contributors, City of Goldsboro, Johnston Jordans ��� State of North Carolina DOT. 3 OpenStreetivtap, Microsoft, vF Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau, USDA Q Proposed Conservation Easement .jam s�i,�,t• �, � �..:u,. �: , ,: ��i _ '� _ Hi � � � `� E_ 'tip' ��iv ,';ry ,��-. .�� �- �. �. '•T4:= � �-: -i-- ,y,' ��* �'•L• - iJ 1-.,ti y�,' .� iM L: i'yy is-._��+ • _ .. _ Ir All - ,`I _ '►sue}� • It'd? ��,� - ^.'r_ �>'��• ••l �'� r -.- � � • `' � r• '-ti_ �1 i_ -p _ ��' .i�.� •': y! y�� -.�-�7 r , �v.� Y� =ir � r•� -:. �.-' .. � fAr•St ■rr •�-•+, • : i..,.r� ?..r�, �jyT�Y .f; 1 ,1 �' C'� .,1` �.. - l�-i ^t ' �' ,y . �- .}' gyp•'+ IV Jp fig} T ... •. _ ` A. , r :� ••.-- .. - . rK •R � �'-�` ..vim,. - :F ` • :.. r•' ,, _ t ��;•: • f!.. i. J, `;...pit �t.` • -.�'•. ,� . •;,.�',•' ..-' �5�,��R, ����..• .� .,�•_ <-A- 29.� '�� ,.'� �.� �� •��: .�� �S 1' fah I. ,ti .<. z'�:!frFt• iy,►E`er; �_ _ .. ., ;,:0.. - 1 • '� � . /�' ri ♦ . �� Figure 3: Existing Conditions '� Falling Creek Farm Site I Newton Grove, NC L6o7rfe m. hb- QN MMMF� 0 100 200 Feet Source NC- Onemap 2021 Aerial 0o UT 1 -- Ditch Existing Fence Q Proposed BPDP Conservation Easement Figure 4A. 1950 Historical Aerial Falling Creek Farm Site I Newton Grove, NC �'#XV ecorterra. �%W O NC _ neMap, NC Center for G raphic Inf ioi and Anal } NC97 1. ' a _ 1& I� Proposed BPDP Conservation Easement 00 400 800 Feet Source. USGS tarih Explorer 1950 Aerial Figure 4B: 1981 Historical Aerial Falling Creek Farm Site I Newton Grove, NC '•i QN ===�� 0 400 Sao Feet Source- USGS tarih Fxplorer 1981 Aerial y �' k eco, terra. hbl •- it 0 Proposed BPDP Conservation Easement Figure S. USGS Topographic Falling Creek Farm Site I Newton Grove, NC 1%, �,�;� Ica,kterra_ ��h� i L e • Fire Sta Cerra l� • x + ` i ht:•PI G raphic Society, -cuF ed Q Proposed BPDP Conservation Easement Q [� 500 I,fld0 Feet 3ourre BR1 Boseir?op USA ]opo Mops Figure 6: Watershed#�YI7 Failing Creek Farm Site I Newton Grove, NC �CDkterrc. Q0 200 400 Feet Rc urce. NC- Oneinap 2421 Aerial and Steam Stats Ormnage Area - UT 1 --- Ditch [] D1 Drainage Area 19 acres UT 1 Drainag Area 48 acres D2 Drainage Area 6 acres Figure 7: NRCS 1974 Soil Survey Falling Creek Farm Site I Newton Grave, NC Dr-Dragston loamy sand WaB-Wagram loamy sand .. =- We -Weston fine loamy sand IF :.•; •�`�;'� - 'fir - _ - rjj :!•. Y M�:.. Rom'?,_.::. •"'j:;S-:. %r w- eco; terra. j jhb. NoB rC2 ­-n 1$ - a B OF e NOA •==%?�s' 'y ::ti iiff. t• �'1.�. skiff • ' �� +• '• - •+ r' • . - - - - ; is N © Proposed BPDP Conservation Easement o 200 400 Feet Source- 1974 NRCS Soil Surkey, Mop Sheet 20 Figure 8: Credits Falling Creek Farm Site I Newton Grove, NC 11 r Ica,kterra vhb. ME i ftr- Q==="� — UT 1 M Riparian Buffer 0-100' 0 100 200 Feet --- Ditch 0 Riparian Buffer 101-200' EQurce NC Onemap 2W? Aeov,' 117-1 Proposed BPDP Conservation Easement = Nutrient Offset 0-100' 1-7 Nutrient Offset 101-200' Figure 9: Riparian Buffer Zones Falling Creek Farm Site 4 Newton Grove, NC LColtGrrO �hb QN 0 100 200 Feet Source. NC Oneimp?Q2i Aerial 0-30' = Proposed BPDP Conservation Easement 31-50' — UT 1 51-100' --- Ditch 101-200' Figure 10: Monitoring Plan _' Falling Creek Farm Site I Newton Grove. NC Vh � b 0 ISO 300 Feet �r,urce NC Onernap 2021 Aerial UT 1 -- Ditch 0 Vegetation Plots 17-1 Proposed BPDP Conservation Easement Riparian Buffer 0-100' 0 Riparian Buffer 101-200' Nutrient Offset 0-100' Nutrient Offset 101-200' APPENDIX A WASTE UTILIZATION PLAN Goldsboro Hog Farms, Inc. Thursday, July 1, 1999 Producer: Farm Name: Telephone # : Type of Operation Ben & Dale Dunn Sandy Ridge Farm 362 S. Jordan Chapel Road Mt.Olive,NC 28365 (919)689-3041 Feeder to Finish Swine Number of Animals : 5760 hogs design capacity Application Method: Irrigation Updated. 121812021 The waste from your animal facility must be land applied at a specified rate to prevent pollution of surface and/or groundwater. The plant nutrients in the animal waste should be used to reduce the amount of commercial fertilizer required for the crops in the fields where waste is to be applied. This waste utilization plan uses nitrogen as the limiting nutrient. Waste should be analyzed before each application cycle. Annual soil tests are strongly encouraged so that all plant nutrients can be balanced for realistic yields of the crop to be grown. Several factors are important in implementing your waste utilization plan in order to maximize the fertilizer value of the waste and to ensure that it is applied in an environmentally safe manner. Always apply waste based on the needs of the crop to be grown and the nutrient contents of the waste. Do not apply more nitrogen than the crop can utilize. Soil types are important as they have different infiltration rates, leaching potentials, cation exchange capacities, and avaialable water holding capacities. Normally waste shall not be applied to land eroding at greater than 5 tons per acre per year. With special pre -cautions, waste may be applied to land eroding at up to 10 tons per acre per year. Do not apply waste on saturated soils, when it is raining, or when the surface is frozen. Either of these conditions may result in runoff to surface waters which is not allowed under DEM regulations. Wind conditions should also be considered to avoid drift and downwind odor problems. To maximize the value of the nutrients for crop production and to reduce the potential for pollution, the waste should be applied to a growing crop or applied to bare ground not more than 30 days prior to planting. Injecting the waste or disking will conserve nutrients and reduce odor problems. This plan is based on waste application through irrigation for this is the manner in which you have chosen to apply your waste. If you choose to inject the waste in the future, you need to revise this plan. Nutrient levels for injecting waste and irrigating waste are not the same. The estimated acres needed to apply the animal waste is based on typical nutrient content for this type of facility. Acreage requirements should be based on the waste analysis report from your waste management facility. Attached you will find information on proper sampling techniques, preparation, and transfer of waste samples to the lab for ananlysis. This waste utilization plan, if carried out, meets the requirements for compliance with 15A NCAC 2H.0217 adopted by the Environmental Management Commission. Page 1 AMOUNT OF WASTE PRODUCED PER YEAR (gallons, ft3, tons, etc.) 5760 hogs X 1.9 tons waste/hogs/year = 10944 tons AMOUNT OF PLANT AVAILABLE NITROGEN (PAN) PRODUCED PER YEAR 5760 hogs X 2.3 Ibs PAN/hogs/year = 13248 PAN/year Applying the above amount of waste is a big job. You should plan time and have appropriate equipment to apply the waste in a timely manner. The following acreage will be needed for waste application based on the crop to be grown, soil type and suface application. TABLE 1 : ACRES OWNED BY PRODUCER TFUCTr FIELD SOIL TYPE &CLASS- CROP YIELD LB S AUK COMM ACRES-LBS AW APPLTC. DETERMINING PHASE CODE N/ACRE N/ACRE USED TIME 1 KENANSVILLE ALL BC 4.7 235 235' 0 2.531 595 ;-_ APR-SEP 89 - - 1 KENANSVILLE ALL SG 100 0 2.53' 253 i SEP-APR 89 10 NORFOLK 0-2% BH 6.5 299 0 0.97 2901 APR-SEP 89 10 NORFOLK 0-2% SG 1 100 0 0.97 971 SEP-APR 89 11 NORFOLK 0-2% BH j 6.5 299 Oi 3.1 9271 APR-SEP 89 89 11 12 NORFOLK 0-2% NORFOLK 0-2% SG;- SA A - 1 1 100 110 0 0 2.48 310 ^ 273 SEP-APR APR-SEP 89 12 NORFOLK 0-2% WA 1 100 0 2.48 248 SEP-APR 89 13 NORFOLK 0-2% BH j 6.1 305 0 2.76 842 APR-SEP 89 13 NORFOLK 0-2% SG 1 100' 0' 2.76 276 SEP-APR 89 * 14 NORFOLK 0-2% SA 1 110 0 3.86 4251 APR-SEP 89 14 NORFOLK 0-2% WA 1 100 0 3.86 386 SEP-APR 89 15 1NORFOLK 0-2% BH 6.5 299 0 1.52 454 APR-SEP 89 j- 15 NORFOLK 0-2% SG 1 100 0' 1.52 152 SEP-APR 89 16 !NORFOLK 0-2% SA I 1 110 0' 3.66 403 APR-SEP 89 16 !NORFOLK 0-2% WA 1 100 0 3.66 366 ! SEP-APR 89 17 WAGRAM 6-10% BC 1 SG BH SG BC SG BH SG BC SG BC SG SA,, 4.7 1 5.1 1 4.7 1 5.1 1 4.7 1 4.7 1 1 235 100 249.9 100 235 100 249.9 100 235 100 235 100 110 0'' 2.07 0' 2.07 0 2.78 0 2.78 0' 4.69 0 4.69 0 3.1 0' 3.1 0' 4.83 0 4.83 0 2.85 0 2.85 0 3.19 4861 APR-SEP 89 17 WAGRAM 6-10% 2071 SEP-APR 89 18 WAGRAM 6-10% 6951 APR-SEP 89 18 WAGRAM 6-10% 278 SEP-APR 89 19 WAGRAM 6-10% 1102 APR-SEP 89 - 19 WAGRAM 6-10% 469 SEP-APR 89 20 WAGRAM 6-10% 7751 APR-SEP 89 20 WAGRAM 6-10% 310 SEP-APR 89 21 WAGRAM 6-10% 11351 4831 670' 285 I_ APR-SEP SEP-APR APR-SEP SEP-APR_ APR-SEP -- 89 - 21 WAGRAM 6-10% j 89 22 WAGRAM 6-10% i 89 22 WAGRAM 6-10% 1 89 * 23 !DRAGSTON FSL,SL,L,DRAINE 35_1 -1 319 89 23 DRAGSTON FSL,SL,L,DRAINE WA 1 100 0 3.19 SEP-APR C 89 23A DRAGSTON FSL,SL,L,DRAINE SA 1 1 110 0 1.39 153 APR-SEP L 89 23A DRAGSTON FSL,SL,L,DRAINE WA 1 100 0 1.39 13911 SEP-APR 273 APR-SEP I 89 27 WAGRAM 6-10% BC 4.7 235 0 1.16 89 i - 27 WAGRAM 6-10% SG 1 100 0 1.16 116 SEP-APR 89 27A KENANSVILLE ALL BC SG BC SG BC SG SA 4.7 1 4.7 1 4.7 1 1 235 100 235 0 100 235 100 110 0 2.15 0 2.15 0.57 0' 0.57 0' 1.04 0 1.04 0 4.34 505 APR-SEP 89 i- 27A KENANSVILLE ALL 215 SEP-APR 89 28 WAGRAM 6-10% 134 APR-SEP 89 - 28 WAGRAM 6-10% 57 S PAPS R 89 i 28A 1KENANSVILLE ALL 244 APR-SEP 89 28A 1KENANSVILLE ALL 1041 SEP-APR 89 j* 29 1DRAGSTON FSL,SL,L,DRAINE 477' APR-SEP Page 2 89 * 29 DRAGSTON FSL,SL,L,DRAINE j WA j BC SG 1 4.7 1 100 235 100 89 4 KENANSVILLE ALL 89 - 4 KENANSVILLE ALL 89 I 5 NORFOLK 0-2% j BC SG BC f - SG i 5.2 1 4.7 1 260 100 235 100 89 - 5 NORFOLK 0-2% 89 5A LYNCHBURG ALL _ 89 - 5A LYNCHBURG ALL i 89 6 NORFOLK 0-2% BC SG BC SG 5.2 1 4.7 1 260 100 235 100 89 6 NORFOLK 0-2% 89 6A LYNCHBURG ALL 89 - 6A LYNCHBURG ALL 89 6B KENANSVILLE ALL BC 4.7 235 89 6B KENANSVILLE ALL SG BC SG BC 1 4.7 1 5.2 1 100 235 100 260 100 89 7 DRAGSTON FSL,SL,L,DRAINE 89 h 7 DRAGSTON FSL,SL,L,DRAINE 89 j 7A NORFOLK 0-2% -SG 89 7A NORFOLK 0-2% 89 7B KENANSVILLE ALL BC 4.7 235 89 - 7B KENANSVILLE ALL SG 1 100 89 7C KENANSVILLE ALL BC 4.7 235 89 7C KENANSVILLE ALL SG 1 1 100 89 8 NORFOLK 0-2% BC 5.2 260 89 8 NORFOLK 0-2% SG 1 100 89 9 NORFOLK 0-2% B~ H - - 6.1 305 89 - 9 !NORFOLK 0-2% SG 1 100 0 4.34 0: 1.76 01 1.76 434.SEP-APR 414' APR-SEP 176 SEP-APR 291 APR-SEP 01 1.12 01 1.12 112 SEP-APR 01 1.121 2631 APR-SEP 01 1.12 112 % SEP-APR 01 2.78 723 1 APR-SEP 0' 2.78 278I SEP-APR Oj 1.39 327 APR-SEP 0' 1.39 139 SEP-APR 0 1.39 327 i APR-SEP 0 139 139 SEP-APR 01 2.15 505 APR-SEP 215 SEP-APR 281 APR-SEP 108 SEP-APR 251 APR-SEP 107 SEP-APR 917 APR-SEP 390 SEP-APR 858 APR-SEP 01 2.15 01 1.08 01 1.08 Oj 1.0T 0 1.07; 0 3.9 Oj 3.9 0: 3.3 03.3 0 1.77 3301 SEP-APR 5401 APR-SEP Oi 1.771 1771 SEP-APR TOTALS: 22704.3 Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation NOTE: The applicator is cautioned that P and K may be over applied while meeting the N requirments. Beginning in 1996 the Coastal Zone Management Act will require farmers in some eastern counties of NC to have a nutrient management plan that addresses all nutrients. This plan only addresses Nitrogen. Page 3 TABLE 2: ACRES WITH AGREEMENT OR LONG TERM LEASE (Agreement with adjacent landowners must be attached.) (Required only if operator does not own adequate land. See required specifications 2.) There are no Acres Leased Indicates that this field is being overseeded (i.e. interplanted) or winter annuals follow summer annuals. * Indicates a Crop Rotation * Acreage figures may exceed total acreage in field due to overseeding. **Lbs AW N (animal waste nitrogen) equals total required nitrogen less any commercial nitrogen (COMM N) supplied. The following legend explains the crop codes used in TABLES 1 and 2 above: CROP CODE CROP BC HYBRID BERM U DAGRASS-CONTROLLED GRAZED BH HYBRID BERMUDAGRASS-HAY SG SMALL GRAIN OVERSEEDED SA SUMMER ANNUALS WA WINTER ANNUALS UNITS LBS N/UNIT TONS 50 TONS 50 AC 50 AC 110 AC 100 Page 4 TOTALS FROM TABLES 1 AND 2 ACRES LBS AW N USED TABLE 1 77.87: 22,704 TOTALS: 77.8T 22,704 AMOUNT OF N PRODUCED: 13,248 —BALANCE -9,456 *** This number must be less than or equal to 0 in order to fully utilize the animal waste N produced. Acres show in each of the preceeding tables are considered to be the usable acres excluding required buffers, filter strips along ditches, odd areas unable to be irrigated, and perimeter areas not receiving full application rates due to equipment limitations. Actual total acres in the fields listed may, and most likely will be, more than the acres shown in the tables. NOTE: The Waste Utilization Plan must contain provisions for periodic land application of sludge at agronomic rates. The sludge will be nurturient rich and will require precautionary measures to prevent over application of nutrients or other elements. Your production facility will produce approximately 2131.2 pounds of plant available nitrogen (PAN) per year in the sludge that will need to be removed on a periodic basis. This figure is PAN when broadcasting the sludge. Please be aware that additional acres of land, as well special equipment, may be needed when you remove this sludge. See the attached map showing the fields to be used for the utilization of waste water. APPLICATION OF WASTE BY IRRIGATION The irrigation application rate should not exceed the intake rate of the soil at the time of irrigation such that runoff or ponding occurs. This rate is limited by initial soil moisture content, soil structure, soil texture, water droplet size, and organic solids. The application amount should not exceed the available water holding capacity of the soil at the time of irrigation nor should the plant available nitrogen applied exceed the nitrogen needs of the crop. Your facility is designed for 180 days of temporary storage and the temporary storage must be removed on the average of once every 5.92 months. In no instance should the volume of waste being stored in your structure be within 1.58 feet of the top of the dike. If surface irrigation is the method of land application for this plan, it is the responsiblity of the producer and irrigation designer to ensure that an irrigation system is installed to properly irrigate the acres shown in Tables 1 and 2. Failure to apply the recommended rates and amounts of Nitrogen shown in the tables may make this plan invalid. The following table is provided as a guide for establishing application rates and amounts TRACT 89 FIELD 5, 6, 7A. s SOIL TYPE NORFOLK 0-2% DRAGSTON FSL,SL,L,DRAINED DRAGSTON FSL,SL,L,DRAINED - - DRAGSTON FSL,SL,L,DRAINED - — KENANSVILLE ALL KENANSVILLE ALL DRAGSTON FSL,SL,L,DRAINED LYNCHBURG ALL AGRAM 6-10% NORFOLK 0-2% CROP BC SA SG APPLICATION RATE (in/hr) 0.50 0.50 0.50 APPLICATION AMT (inches) *1 *1 *1 89-23,-23A,-29 89 _7 ----------- -- 89 -23,-23A,-29 --i---------------- - 89 1, 27A, 28A, 4, 6B, 7B, 7C 89 -27A, -28A, -4, --6B, -7B, 89 7 89 -5A, -6A 89 i —18, -19, -20, -21, -22, -27, 89 10, 11, 13, 15, 9 -'- ----- --- WA 0.50 —a *1 ------------ BC 0.60 -1 - ----J *1 SG 0.60 *1 BC 1 0.50 *1 SG SG BH 0.50 *1 $9 -12 14 -16---NORFOLKO-2% ---- - SA SG 0.50 0.50_ *1 ---- *1 89 -NORFOLK 0-2% 89 -12, -14, -16 NORFOLK 0-2% WA 0.50 *1 Page 5 - -- - -- -- gg 17, 19, 2t, 22, 27, 2R - AGRAM 6-10% BC 0.60 - *1 gg 18,20 WAGRAM 6-109/6 BH 0.60 *1 gg 5A, 6A ILYNCHBURG ALL I BC 0.50 *1 * This is the maximum application amount allowed for the soil assuming the amount of nitrogen allowed for the crop is not over applied. In many situations, the application amount shown cannot be applied because the nitrogen limitation. The maximum application amount shown can be applied under optimum soil conditions. Page 6 NARRATIVE OF OPERATION This WUP has been amended to reflect wettable acres utilizing a current FSA map with the irrigation pulls drawn and labeled on the map to scale (1 "=660') and corresponding to the WUP. A D-1 and other pertinent information is provided. The corn crop following soybeans has 20 Ibs of N deducted to account for residual N from the soybeans. The farm has 10 acres of tobacco rotation and that 10 acres has been omitted from the WUP computations. That acreage will have the corn, wheat, soybean rotation when tobacco is not there and will be subject to the same PAN rates and application windows as the rest of the field. Irrigation pulls 1-8 have been amended (4-20-01) to reflect controlled grazing on Bermuda and small grain overseed or summer annuals and winter annuals. Pulls 23,24,25,26 and 29 were amended 8-9-04 to reflect summer and winter annuals on the pulls. The PAN rate has been reduced by 25% for grazing. The PAN rate on pulls 3,4,6,7,7A,7B and 8 were also reduced by 25% for grazing. Pulls 17,19,21 and 22 were amended 5/11 /05 to BC/SG overseed. Pulls 6,6A,6B,7,7A,7B were amended 2/11/08 to reflect corn on these pulls.Grower plans to use current plan when planting summer and winter annuals. Pull 8 Tract-89 was amended 3/31/09 to reflect grower clearing land and extending the pull. Pull 7C was added to the WUP 3/31/09 to reflect grower clearing land. This pull will be Winter Annual and Summer Annual. All additions Will be on D-1 Pulls 2,3 Tract-89 were removed on 6/1/11 from original WUP due to storage of equipment on this fields. Pulls 24, 25, 26 was removed on 11/10/21 upon request of grower. No other changes to the waste plan were made. The deficit on the PAN will still be.........-9456.32. Plan was updated also using the New NCSU Realistic Yields. Plan was updated using the 100 overseed. If grower chooses he can used the old 501b overseed. Page 7 PLANS & SPECIFICATIONS 1. Animal waste shall not reach surface waters of the state by runoff, drift, manmade conveyances, direct application, or direct discharge during operation or land application. Any discharge of waste which reaches surface water is prohibited. Illegal discharges are subject to assessment of civil penalties of $10,000 per day by the Division of Water Quality for every day the discharge continues. 2. The Field Office must have documentation in the design folder that the producer either owns or has long term access to adequate land to properly dispose of waste. If the producer does not own adequate land to properly dispose of waste, he shall provide NRCS with a copy of a written agreement with a landowner who is within a reasonable proximity, allowing him/her the use of the land for waste application for the life expectancy of the production facility. It is the responsibility of the owner of the facility to secure an update of the Waste Utilization Plan when there is a change in the operation, increase in the number of animals, method of utilization, or available land. 3. Animal waste shall be applied to meet, but not exceed, the Nitrogen needs for realistic crop yields based on soil type, available moisture, historical data, climate conditions, and level of management, unless there are regulations that restrict the rate of application for other nutrients. 4. Animal waste may be applied to land that has a Resource Management System (RMS) or an Alternative Conservation System (ACS). If an ACS is used the soil loss shall be no greater than 10 tons per acre per year and appropriate filter strips will be used where runoff leaves the field. These filter strips will be in addition to "Buffers" required by DEM. (See FOTG Stantard 393 - Filter Strips and Standard 390 Interim Riparian Forest Buffers). 5. Odors can be reduced by injecting the waste or disking after waste application. Waste should not be applied when there is danger of drift from the irrigation field. 6. When animal waste is to be applied on acres subject to flooding, it will be soil incorporated on conventionally tilled cropland. When applied to conservation tilled crops or grassland, the waste may be broadcast provided the application does not occur during a season prone to flooding. (See "Weather and Climate in North Carolina" in the NRCS Technical Reference - Environment file for guidance.) *7. Liquid waste shall be applied at rates not to exceed the soil infiltration rate such that runoff does not occur offsite or to surface waters and in a method which does not cause drift from the site during application. No ponding should occur in order to control conditions conducive to odor or flies and to provide uniformity of application. 8. Animal waste shall not be applied to saturated soils, during rainfall events, or when the surface is frozen. 9. Animal waste shall be applied on actively growing crops in such a manner that the crop is not covered with waste to a depth that would inhibit growth. 10. Waste nutrients shall not be applied in fall or winter for spring planted crops on soils with a high potential for leaching. Waste nutrient loading rates on these soils should be held to a minimum and a suitable winter cover crop planted to take up released nutrients. Waste shall not be applied more than 30 days prior to planting of a crop on bare soil. 11. Any new swine facility sited on or after October 1, 1995 shall comply with the following: the outer perimeter of the land area onto which waste is applied from a lagoon that is a component of a swine farm shall be at least 50 feet from any residential property boundary Page 8 and from any perennial stream or river (other that an irrigation ditch or canal. Animal waste other than swine waste from facilities sited on or after October 1, 1995), shall not be applied closer than 25 feet to perennial waters. (See Standard 393 - Filter Strips) 12. Animal waste shall not be applied closer than 100 feet to wells. 13. Animal Waste shall not be applied closer than 200 feet of dwellings other than those owned by the landownwer. 14. Waste shall be applied in a manner not to reach other property and public right - of ways. 15. Animal waste shall not be discharged into surface waters, drainageways, or wetlands by discharge or by over -spraying. Animal waste may be applied to prior converted croplands provided they have been approved as a land application site by a "technical specialist". Animal waste should not be applied on grassed waterways that discharge directly into water courses, except when applied at agronomic rates and the application causes no runoff or drift from the site. *16. Domestic and industrial waste from washdown facilities, showers, toilets, sinks, etc., shall not be discharged into the animal waste management system. *17. A protective cover of appropriate vegetation will be established on all disturbed areas (lagoon embankments, berms, pipe runs, etc.). If needed, special vegetation shall be provided for these areas and shall be fenced, as necessary, to protect the vegetation. Vegetation such as trees, shrubs, and other woody species, etc. are limited to areas where considered appropriate. Lagoon areas should be kept mowed and accessible. Lagoon berms and structures should be inspected regularly for evidence of erosion, leakage or discharge. *18. If animal production at the facility is to be suspended or terminated, the owner is responsible for obtaining and implementing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution and erosion. *19. Waste handling structures, piping, pumps, reels, etc., should be inspected on a regular basis to prevent breakdowns, leaks, and spills. A regular maintenance checklist should be kept on site. 20. Animal waste can be used in a rotation that includes vegetables and other crops for direct human consumption. However, if animal waste is used on crops for direct human consumption, it should only be applied as a preemergence with no other applications of animal waste during the crop season. *21. Highly visible markers shall be installed to mark the top and bottom elevations of the temporary storage (pumping volume) of all waste treatment lagoons. Pumping shall be managed to maintain the liquid level between the markers. A marker will be required to mark the maximum storage volume fpr waste storage ponds. 22. Waste shall be tested within 60 days of utilization and soil shall be tested at least annually at crop sites where waste products are applied. Nitrogen shall be the rate -determining element. Zinc and copper levels in the soils shall be monitored and alternative crop sites shall be used when these metals approach excessive levels. pH shall be adjusted for optimum crop production amd maintained. Soil and waste analysis records shall be kept for five (5) years. Poultry dry waste application records shall be maintained for three (3) years. Waste application records for all other waste shall be maintained for five (5) years. 23. Dead animals will be disposed of in a manner that meets North Carolina Department of Page 9 Agriculture regulations. * Liquid Systems Page 10 NAME OF FARM: Sandy Ridge Farm OWNER / MANAGER AGREEMENT I (we) understand and will follow and implement the specifications and the operation and maintenance precedures estalished in the approved animal waste utilization plan for the farm named above. I (we) know that any expansion to the existing design capacity of the waste treatment and/or storage system or construction of new facilities will require a new utilization plan and a new certification to be submitted to DEM before the new animals are stocked. I (we) understand that I must own or have acces to equipment, primarily irrigation equipment, to land apply the animal waste described in this waste utilization plan. This equipment must be available at the appropriate pumping time such that no discharge occurs from the lagoon in a 25-year 1-day storm event. I also certify that the waste will be applied on the land according to this plan at the appropriate times and at rates that no runoff occurs. NAME OF FACILITY OWNER: Ben & Dale Dunn SIGNATURE: NAME OF MANAGER (if different from owner): DATE: please print SIGNATURE: DATE: NAME OF TECHNICAL SPECIALIST: Robert B. Mitchell Jr. AFFILIATION: Private Technical Specialist ADDRESS (AGENCY): 104 Adler Lane Goldsboro, NC 27530 (919) 7 - SIGNATURE: ATE: Page 11 .3 At 5,� 2bi APPENDIX B Auctioneer Forest Mitigation Site Wayne County, NC Site Photographs — Taken April 19, 2022 DI near fire station, looking west D1 along southern boundary, looking west UT 1 looking downstream DI near fire station, looking east Concentrated flow through pipe from cattle field Cattle pasture Auctioneer Forest Mitigation Site Site Photographs Page 1 of 1 ROY COOPER Governor DIONNE DELLI-GATTI Secretary S. DANIEL SMITH Director Ben R. Dunn 100 Grove Church Road Mount Olive, North Carolina 28365 NORTH CAROLINA Environmental Quality May 12, 2021 APPENDIX C Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) (EXPRESS Program) Subject Property/ Project Name: Falling Creek Farm Mitigation Site Address/Location: 412 S. Jordan's Chapel Road, Grantham, North Carolina Stream(s) Evaluated: (4) — UTs to Falling Creek, Class C, NSW; Stream Index 27-54-(0.5); Neuse River Basin Determination Date: October 7, 2020 Staff: Chris Pullinger, Katie Merritt 2020-1148 v1 Wayne County Determination Type: Buffer: Stream: ® Neuse (15A NCAC 02B .0714) ® Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B .0734) ❑ Catawba (15A NCAC 02B .0614) ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B .0724) ❑ Goose Creek (15A NCAC 02B .0605-.0608) Stream E/1/P* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo 2020-1148 v1 UT 1 1 X 2020-1148 v1 UT1 Start 2020-1148 v1 UT1 Finish X X 2020-1148 v1 UT22 1 X 2020-1148 v1 UT2 Start 2020-1148 v1 UT2 Finish X 2020-1148 v1 UT 3A I X 2020-1148 v1 UT3A Origin 2020-1148 v1 UT 3A Finish X X 2020-1148 v1 UT 3A man-made ditch X 2020-1148 v1 UT 3A Start 2020-1148 v1 UT 3A Origin X 2020-1148 v1 313 1 X 2020-1148 v1 UT 313 Start 2020-1148 v1 UT 313 Finish X *E/1/P = Ephemeral/Intermittent/Perennial The Division of Water Resources has determined that the streams listed in the table above and included on the attached map have been located on page 28 of the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the most recent USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rule. Each feature that is checked "Not Subject" and highlighted on the attached maps in "red" has been determined to be either man-made in nature, ephemeral, or not present on the property. Features that are checked "Subject" and highlighted on the attached maps in "blue" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski DWR —401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): clo Paul Wojoski DWR —401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 NoaTH cnaouNn 252.946.6481 repay ent of Emimnme W near\ /— This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or waters. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASERFICHE Norton Webster, EcoTerra (via e-mail: norton(@ecoterra.com) Emily Thompson, USACE Washington Field Regulatory Office (via e-mail) Katie Merritt — DWR Central Office (via e-mail) D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mail I Washington, North Carolina 27889 NORTH CAROHNA - oepamoemntemimnmemeinaar\ r 252.946.6481 f r , r UM U71 @w LH waD Go vac 0 North Caroline Em4ronmental Management Commission VMskm of Water Resources Date~— y-F2 21 n Butler ReAmed b DWR Project #2020-1148 vl E Q�� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 NORTH CAROHNA - Ueparhnenlaf EmimnmeMal Quality /`� 252.946.6481 DocuSion Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Ted Griffith Eco Terra Partners, LLC (via electronic mail: ted(cr�,ecoterra.com ) NORTH CAROLINA Environmental Quality July 19, 2021 Re: Site Viability for Buffer Mitigation & Nutrient Offset — Falling Creek Farm Site Grantham, NC (near 412 S Jordans Chapel Rd) Neuse 03020201 Wayne County Dear Mr. Griffith, On August 27, 2020, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Eco Terra Partners, LLC (Eco Terra) 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" prepared by Eco Terra. The proposed easement boundary in Figure 1, includes all riparian areas intended to be proposed as part of the mitigation site. On October 7, 2020, Ms. Merritt performed a site assessment of the subject site. Staff with Eco Terra were also present. The site visit revealed the following site constraints: UTILITIES: A utility easement was observed crossing the site along UT3. The utility easement shall not be within a conservation easement or within riparian areas where buffer mitigation or nutrient offset credits are proposed to be generated. PERMITS: An Animal Feeding Operation (AFO) permit is associated with this property. The permit associated with this property is # AWS960014 and allows for some or all the property to be used for the land application of animal waste per an approved Waste Utilization Plan issued by the DWR. O Application of animal waste will not be permitted within a conservation easement or within riparian areas where buffer mitigation or nutrient offset credits are proposed to be generated. O All riparian areas proposed to be placed in a conservation easement must be removed from the Waste Utilization Plan. O Written approval by DWR of any modification to the existing Waste Utilization Plan and/or the applicable permit will be required prior to approval of the riparian areas to generate buffer mitigation or nutrient offset credits. EXISTING INFRASTRUCTURE: Existing underground and/or above ground infrastructure (example: pipes) may be present and is likely for purposes of irrigating the property for the land application of animal waste associated with permit # AWS960014. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA - oena�e,t of EW—mental uuar\ r 919.707.9000 DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D Falling Creek Farm Eco Terra Partners, LLC July 19, 2021 o No infrastructure or impervious areas below or above the ground will be allowed to be within a conservation easement or within riparian areas where buffer mitigation or nutrient offset credits are proposed to be generated. o All infrastructure shall be mapped, including wells and hydrants. Written proof of the removal of all infrastructure within riparian areas proposed to be placed in a conservation easement will be required prior to approval of the riparian areas to generate buffer mitigation or nutrient offset credits. o Changes to any infrastructure associated with permit # AWS960014 will require prior approval from DWR if they result in a change in the irrigation system design for land application. 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. Page 2 of 4 DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D Falling Creek Farm Site Eco Terra Partners, LLC July 19, 2021 Feature Classification 'Subiect 'Riparian Land uses Buffer .'Nutriient 4,INJitigation Tyne Determination w/in to riparian areas onsite adiacent to Feature Credit Offset Buffer 0( 200' Viable Viable Rule UTl Stream Yes Left Bank— clear cut areas zYes Yes (non- Non -forested fields - Restoration Site per (at DWR Right Bank — (right forested 15A NCAC 02B .0295 (n) flag) combination of non- bank fields only) forested agricultural fields only) Forested Areas (excluding clear cut areas) & mature forest — Preservation Site per 15A NCAC 02B .0295 (o)(5) UT2 Stream Yes Non -forested agricultural zYes Yes (non- Non -forested fields - Restoration Site per (at DWR fields with mature forest forested 15A NCAC 02B .0295 (n) flag) downstream. fields only) Forested Areas — Preservation Site per 15A NCAC 02B .0295 (o)(5) 2A Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) 213 Ditch No Non -forested agricultural No No Directly hydrologically connected to ditch fields 2A UT3 Stream Yes Non -forested agricultural zYes Yes (non- Non -forested fields - Restoration Site per (at DWR fields with mature forest forested 15A NCAC 02B .0295 (n) flag) downstream; uppermost fields only) reach located within a Forested Areas — Preservation Site per DOT R.O.W. and utility 15A NCAC 02B .0295 (o)(5) easement Site constraints consist of utilities and DOT R.O. W 3A Ditch >3' No Non -forested agricultural No No Site constraints consist of utilities and depth fields & mostly located DOT R.O. W within a DOT R.O.W. and utility easement UT4 Stream Yes Non -forested agricultural zYes Yes (non- Non -forested fields - Restoration Site per (at DWR fields with mature forest forested 15A NCAC 02B .0295 (n) flag) downstream. fields only) Forested Areas — Preservation Site per 15A NCAC 02B .0295 (o)(5) 4A Ditch >3' No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B depth fields .0295 (n) Pipes observed in channel all piping shall be removed from ditch and and riparian area banks 'Subjectivity calls for the features were determined by DWR in correspondence dated May 12, 2021 (D)VR# 2020-1148) 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. 'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. s 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. 'The 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). 7Landuses may also include the application of animal waste associated with an AFO permit. Page 3 of 4 DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D Falling Creek Farm Eco Terra Partners, LLC July 19, 2021 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 19, 2021. Substantial changes to the proposed easement boundary as well as 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 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 19, 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, Sgned by: e WIe� E-P,u-,0,c,ui 91BA53EF4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch PW/kym Attachments: Figure 1. Site Map cc: File Copy (Katie Merritt) DWR Animal Feeding Operations Branch — Ramesh Ravella ramesh.ravella@ncdenr. go DWR WaRO — David May Page 4 of 4 DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D 1 � a r_ - a UT3 � UT2 04 UT1 i 2A 2B Existing Wetland Conservation Easement - UT4 s FIGURE 1: Falling Creek Farm Mitigation Site Wayne County, NC Neuse 03020201 e(fo-kerm. 35016'25.5"N 78015'39.5"W Legend ' I -a' L Wayne County Parcel j^ 0 Proposed Conservation Easement I/P Stream (Subject) - Man-made ditch (Not subject, ditch) Maxar, soft N 0 250 500 Feet l i i i J Jk- DocuSign Envelope ID: 092CB075-EF9B-491 1 -A51 E-C26D7EFFA94D ROY COOPER Governor ELIZABETH S. BISER Secretary RICHAM E. ROGEM, JR. Director NORTH CAROLINA Environmental Quality June 15, 2022 Scott Frederick Eco Terra Partners, LLC (via electronic mail: scottgecoterra.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Falling Creek Farm Ditch IA (this mitigation determination was performed assuming Ditch IA will be added to a larger parcel known as Falling Creek Farm. A site viability letter was issued by DWR July 19, 2021 without Ditch IA included.) 35.273750,-78.260972 off S Jordans Chapel Rd in Grantham, NC Neuse 03020201 Wayne County Dear Mr. Frederick, On May 12, 2022, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Eco Terra Partners, LLC (Eco Terra) 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 adjacent to one feature within a proposed conservation easement boundary, which is more accurately depicted in the attached map labeled "Figure 1". This feature is intended to be added to a larger site referred to as the Falling Creek Farm site. On May 19, 2022, Ms. Merritt performed a site assessment of the subject site. Staff with Eco Terra were also present. The site visit revealed the following site constraints: UTILITIES: A utility easement was observed crossing the site along UT3. The utility easement shall not be within a conservation easement or within riparian areas where buffer mitigation or nutrient offset credits are proposed to be generated. PERMITS: An Animal Feeding Operation (AFO) permit is associated with this property. The permit associated with this property is # AWS960014 and allows for some or all the property to be used for the land application of animal waste per an approved Waste Utilization Plan issued by the DWR. O Application of animal waste will not be permitted within a conservation easement or within riparian areas where buffer mitigation or nutrient offset credits are proposed to be generated. O All riparian areas proposed to be placed in a conservation easement must be removed from the Waste Utilization Plan. O Written approval by DWR of any modification to the existing Waste Utilization Plan and/or the applicable permit will be required prior to approval of the riparian areas to generate buffer mitigation or nutrient offset credits. D E Q �J North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH C of Envi A a 919.707.9000 Deparlmem of Envlronmenml Duali� DocuSign Envelope ID: 092CB075-EF9B-491 1 -A51 E-C26D7EFFA94D Falling Creek Farm Site -Add on EcoTerra June 15, 2022 EXISTING INFRASTRUCTURE: Existing underground and/or above ground infrastructure (example: pipes) may be present and is likely for purposes of irrigating the property for the land application of animal waste associated with permit # AWS960014. o No infrastructure or impervious areas below or above the ground will be allowed to be within a conservation easement or within riparian areas where buffer mitigation or nutrient offset credits are proposed to be generated. o All infrastructure shall be mapped, including wells and hydrants. Written proof of the removal of all infrastructure within riparian areas proposed to be placed in a conservation easement will be required prior to approval of the riparian areas to generate buffer mitigation or nutrient offset credits. o Changes to any infrastructure associated with permit # AWS960014 will require prior approval from DWR if they result in a change in the irrigation system design for land application. 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. Feature Classification 1Sublect 7Riparian Land uses Buffer 3Nutrient 4,SMitigation Type Determination w/in to riparian areas onsite adiacent to Feature Credit Offset Buffer 0( 200') Viable Viable Rule UTl Stream Yes Left Bank — clear cut areas 2Yes Yes (non- See mitigation determination letter issued (at DWR Right Bank — (right forested on July 19, 2021 flag) combination of non- bank fields only) forested agricultural fields only) & mature forest IA Ditch No Left Bank — Forested; No *Yes (see Non -forested fields - Restoration Site per >3' depth Right Bank - Non -forested note) 15A NCAC 02B .0295 (n) AND agricultural fields CONTINGENT ON IMPLEMENTING RIPARIAN RESTORATION ALONG An earthen berm/spoil pile UTl within riparian areas needs to be graded level with top Note: Earthen bean & spoil are required to of bank. (see map) be graded level with top of bank before being planted, to be viable for any credits. 'Subjectivity calls for the features were determined by DWR in correspondence dated May 12, 2021 (D)VR# 2020-1148) 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 'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. s 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). 7Landuses may also include the application of animal waste associated with an AFO permit. Page 2 of 3 DocuSign Envelope ID: 092CB075-EF9B-491 1 -A51 E-C26D7EFFA94D Falling Creek Farm Site -Add on EcoTerra June 15, 2022 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 June 15, 2022. Substantial changes to the proposed easement boundary as well as 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 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 June 15, 2024 or upon approval of a mitigation plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, stream or wetland mitigation plan for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, PW/kym Attachments: Figure 1 cc: File Copy (Katie Merritt) DocuSigned by: 949D91 BA53E®F4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch Page 3 of 3 IlnciiSign Fnvalnna Ill•(197CR(175_FFQR_4Q11_A51F-C7Fr17FFFA9d1) Proposed DWR CE Boundary for Falling Creek Farm site (viability letter issued 7/19/21 P oposed Auctioneer Wetland Site Conservation Easement Spoil: >3' ditch depth (Pp2 to Pp3) FIGURE 1: 010 ecISAterra. 0 250 500 Feet 1 1 1 1 1 Affected Hydrants to be capped or Affected Irrigation runs to be modified (See WUP) Legend Wayne County Parcels II-1 Falling Creek Farm Proposed CE Stream - - - Ditch Proposed extension of the CE Boundary to include Ditch 1A connecting to UT1 Falling Creek Farm Mitigation Site Wayne County, NC 1 - 16a/ Neuse 03020201 35°16'25.5"N 78°15'39.5"W Maxar, oft N A United States Department of the Interior APPENDIX D FISH AND WILDLIFE SERVICE Raleigh ES Field Office 551-F Pylon Drive Raleigh, North Carolina 27606 March 18, 2021 Samantha Dailey U.S. Army Corps of Engineers, Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Eco Terra Neuse 01 UMBI (Auctioneer Forest Mitigation Bank) / SAW-2020-01752/ Wayne Co. Dear Mrs. Dailey: The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the activity as described in the permit application. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and threatened species in North Carolina is now available on our website at <http://www.fws.gov/raleigh>. Our web page contains a complete and updated list of federally protected species, and a list of federal species of concern known to occur in each county in North Carolina. The Service appreciates the opportunity to review and provide comments on the proposed action. Should you have any questions regarding the project, please contact Kathy Matthews at (919) 856- 4520, extension 27. Sincerely, for Pete Benjamin, Field Supervisor cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson April 26, 2021 Samantha Dailey samantha.j.dailey_(r)c,usace.army.mil U.S. Army Corps of Engineers — Wilmington District Charlotte Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Re: Auctioneer Forest Mitigation Bank, 35.271772,-78.262661, Mount Olive, Wayne County, ER 21-0709 Dear Ms. Dailey: Thank you for your email of March 12, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ()_C Q Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Auctioneer BPDP S. Jordan Chapel Road Mount Olive, NC 28365 Inquiry Number: 6948901.2s April 20, 2022 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDW Toll Free: 800.352.0050 www.edrnet.com FORM-LBE-BCS TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 Overview Map 2 Detail Map 3 Map Findings Summary---------------------------------------------------- 4 Map Findings 8 OrphanSummary--------------------------------------------------------- 9 Government Records Searched/Data Currency Tracking GRA 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------------------------------------. PSGRA Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC6948901.2s 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 (E1527-21), 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 S. JORDAN CHAPEL ROAD MOUNT OLIVE, NC 28365 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator UTM X (Meters): UTM Y (Meters): Elevation: 35.2719810 - 35- 16' 19.13" 78.2629590 - 78- 15' 46.65" Zone 17 748967.9 3906442.5 163 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map Version Date: Northeast Map Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 13847251 NEWTON GROVE NORTH, NC 2019 13847225 GRANTHAM, NC 2019 Portions of Photo from: 20140525, 20141018 Source: USDA TC6948901.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: S. JORDAN CHAPEL ROAD MOUNT OLIVE, NC 28365 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 6948901.2s 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 Lists of Federal NPL (Superfund) sites NPL___________________________ National Priority List Proposed NPL________________ Proposed National Priority List Sites NPL LIENS -------------------- Federal Superfund Liens Lists of Federal Delisted NPL sites Delisted NPL__________________ National Priority List Deletions Lists of Federal sites subject to CERCLA removals and CERCLA orders FEDERAL FACILITY__________ Federal Facility Site Information listing SEMS_________________________ Superfund Enterprise Management System Lists of Federal CERCLA sites with NFRAP SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive Lists of Federal RCRA facilities undergoing Corrective Action CORRACTS__________________ Corrective Action Report Lists of Federal RCRA TSD facilities RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal Lists of Federal RCRA generators 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 TC6948901.2s 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 Lists of state- and tribal (Supen°und) equivalent sites NC HSDS_____________________ Hazardous Substance Disposal Site Lists of state- and tribal hazardous waste facilities SHWS------------------------- Inactive Hazardous Sites Inventory Lists of state and tribal landfills and solid waste disposal facilities SWF/LF_______________________ List of Solid Waste Facilities DEBRIS_______________________ Solid Waste Active Disaster Debris Sites Listing OLI____________________________ Old Landfill Inventory LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications Lists of state and tribal leaking storage tanks LAST__________________________ Leaking Aboveground Storage Tanks LUST -------------------------- Regional UST Database INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land LUST TRUST_________________ State Trust Fund Database Lists of state and tribal registered storage tanks 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 Lists of state and tribal voluntary cleanup sites INDIAN VCP__________________ Voluntary Cleanup Priority Listing VCP___________________________ Responsible Party Voluntary Action Sites Lists of state and tribal brownfield sites BROWNFIELDS______________ Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS----------- A Listing of Brownfields Sites TC6948901.2s 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 ODI___________________________ Open Dump Inventory DEBRIS REGION 9___________ Torres Martinez Reservation Illegal Dump Site Locations 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 PFAS-------------------------- PFAS Contamination Site Listing 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 TC6948901.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY CONSENT____________________ Superfund (CERCLA) Consent Decrees 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 UXO --------------------------- Unexploded Ordnance Sites DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing 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 SEPT HAULERS______________ Permitted Septage Haulers Listing CCB___________________________ Coal Ash Structural Fills (CCB) Listing PCSRP------------------------ Petroleum -Contaminated Soil Remediation Permits MINES MRDS----------------- Mineral Resources Data System 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 4Q 7 :1019IT/4 141XCT91T/:I 7,I Mtl:1,III /_1YN:IV1*1 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. TC6948901.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC6948901.2s EXECUTIVE SUMMARY 7 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01752 County: Wayne U.S.G.S. Quad: NC -Newton Grove North NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Mr. Ben R. Dunn Address: 100 Grove Church Road Mount Olive, North Carolina 28365 Telephone Number: 919-689-2937 E-mail: n/a Size (acres) 16 Nearest Town Grantham Nearest Waterway Falling Creek River Basin Neuse USGS HUC 03020201 Coordinates Latitude: 35.271795 Longitude:-78.262676 Location description: The approximately 16-acre review area is a portion of the property at 412 South Jordans Chapel Road in Grantham, NC. Parcel Index Number: 2525261229. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/23/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for fiirther instruction. ❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2020-01752 will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Emily B. Thompson at (910)251-4629 or Emilv.B.Tho mp son(&usace.army.mil. C. Basis For Determination: See the preliminary jurisdictional determination form dated 12/09/2021. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNIN&USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 12/09/2021 Expiration Date of JD: Not applicable SAW-2020-01752 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished (via e-mail): Agent: Soil, Water, and Environmental Group, PLLC Mr. Scott I Frederick Address: 3216 Byers Drive Raleigh, North Carolina 27607 Telephone Number: 919-831-1234 E-mail: sifrederick(&swegro.com A Legend Review Area F Ditch O Photo Points o Data Points i n 'WO - - a (Ditch A: 1037 LFI x- O Ditch B: 841 LF o - - Ci Figure A: Project Resources Map USACE received Auctioneer Forest Mitigation Site 11-23-2021 ffT Neuse 03020201 Wayne County, North Carolina eco terrc. November 2021 NC Onemap 2017 Aerial N W�E s 0 75 150 300 US Feet NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL A licant: Mr. Ben R. Dunn File Number: SAW-2020-01752 Date: 12/09/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mit/Missions/CivilWorks/RegulatoryProgramandPermits.asi) or the Corps regulations at.33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Admilstrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Admimistrativc AppcalProccss by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Nor - SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Emily B. Thompson ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 2407 West Fifth Street ATLANTA, GEORGIA 30303-8803 Washington, North Carolina 27889 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily B. Thompson, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/09/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mr. Ben R. Dunn, 100 Grove Church Road, Mount Olive, North Carolina 28365 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Eco Terra NU01 UMBI - Auctioneer Forest Mitigation Bank / Eco Terra / Grantham, Wayne County, SAW-2020-01752 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The approximately 16-acre review area is a portion of the property at 412 South Jordans Chapel Road in Grantham, NC. Parcel Index Number: 2525261229. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wayne City: Grantham Center coordinates of site (lat/long in degree decimal format): Latitude: 35.271795 Longitude:-78.262676 Universal Transverse Mercator: 18 Name of nearest waterbody: Falling Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ®Field Determination. Date(s): November 17, 2021 TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal Longitude Estimated amount Type of aquatic Geographic degrees) (decimal degrees) of aquatic resource (i.e., authority to which resource in review wetland vs. non- the aquatic area (acreage and wetland waters) resource "may be" linear feet, if subject (i.e., applicable) Section 404 or Section 10/404 SAW-2020-01752 35.272848 -78.263832 885 feet Non -wetland waters Section 404 Ditch A SAW-2020-01752 35.27058 -78.261324 850 feet Non -wetland waters Section 404 Ditch B 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Soil, Water, and Environmental Group, PLLC. Map: Figure A: Project Resources May, dated November 23, 2021 ®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ®Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ®U.S. Geological Survey Hydrologic Atlas: ® USGS NHD data: USACE National Regulatory Viewers — SAD — NC. ❑USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Newton Grove & Grantham, NC ®Natural Resources Conservation Service Soil Survey. Citation: 1974 Wayne Co. Soil Survey Man Sheet 28 ® National wetlands inventory map(s). Cite name: USACE National Regulatory Viewers — SAD — NC. ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 2017 NCOneMan or ® Other (Name & Date): Site photographs ❑Previous determination(s). File no. and date of response letter: ® Other information (please specify): Antecedent Precipitation Tool IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corns and should not be relied upon for later iurisdictional determinations. /�) d B. (j —ij, Signature id date of Regulatory staff member completing PJD 12/09/2021 mim Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 12/09/2021 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.