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HomeMy WebLinkAbout20220112 Ver 2_BPDP_Draft_Phase I_20221024Mitigation Project Information Upload ID#* 20220112 Version* 2 Select Reviewer: * Katie Merritt Initial Review Completed Date 10/31/2022 Mitigation Project Submittal - 10/24/2022 ............................................................................................................................................................................................ 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 Run Phase I County: Edgecombe Document Information Mitigation Document Type: * Mitigation Plans File Upload: Signature Print Name:* Signature:* DMS • Mitigation Bank Yes No Email Address:* scott@ecoterra.com Falling Run_BPDP_Draft_Phasel.pdf 13.32MB Please upload only one PDF of the complete file that needs to be submitted... Scott J Frederick scoll JT F ecejc4r Draft Bank Parcel Development Package Falling Run Mitigation Site - Phase Edgecombe County, North Carolina Tar -Pamlico Basin HUC 03020101 NCDWR No. 20220112 V1 :.g. - r- Prepared By: Prepared For: NC Department of Environmental Quality Division of Water Resources 1652 Mail Service Center Raleigh, NC 27699-1652 `,� ecoltcrra Eco Terra, LLC 1328 Dekalb Avenue NE Atlanta, GA 30307 409.913.0020 October 2022 000 ..0Vhb 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......................................................................................................................6 2.9 Jurisdictional Resources -Clean Water Act Sections 404/401................................................6 2.10 FEMA Floodplain Compliance...................................................................................................7 2.11 Site Access, Utilities, and Site Constraints...............................................................................7 3.0 Site Protection Instrument.............................................................................................................7 4.0 Mitigation Work Plan.....................................................................................................................8 4.1 Parcel Preparation......................................................................................................................8 4.2 Restoration Activities..................................................................................................................8 4.3 NCDWR As -Built Evaluation....................................................................................................10 5.0 Monitoring and Maintenance Plan.............................................................................................10 5.1 Monitoring Protocol.................................................................................................................10 5.2 Adaptive Management Plan....................................................................................................11 6.0 Financial Assurance and Long -Term Management..................................................................11 6.1 Financial Assurances.................................................................................................................11 6.2 Long Term Management Plan................................................................................................11 7.0 Project Credits and Credit Release.............................................................................................12 8.0 References...........................................................................................................................................15 Figures Figure 1. Vicinity Map Figure 2. Credit Service Area Figure 3. Existing Conditions Figure 4. USGS Topographic Figure 5. Drainage Areas Figure 6. NRCS 1979 Soil Survey Figure 7. Mitigation Credit Figure 8. Riparian Buffer Zones Figure 9. Monitoring Plan Tables Table 1. Project Goals and Objectives Table 2. Feature Description Phase I Table 3. Project Attributes Table 4. Project Features Table 5. Drainage Area and Associated Land Use Table 6. Soil Types and Descriptions Table 7. Potential Federally Protected Species at the Site Table 8. Site Protection Instrument Table 9. Proposed Planting Plan Table 10. Project Credit Tables Table 11. Credit Release Schedule Appendices Appendix A. Site Photographs- July 7, 2022 Appendix B. Historical Aerials Appendix C. On -Site Determination of Applicability to the Tar -Pam River Basin Buffer Rules April 7, 2022, and Site Viability for Buffer Mitigation and Nutrient Offset Letter August 23, 2022 Appendix D. USFWS Self -Certification Concurrence Email SHPO Request for Review and Response EDR Radius Map Report -Executive Summary 1.0 Introduction Eco Terra, LLC is proposing three phases for the 133-acre Falling Run Mitigation Site in Edgecombe County, NC, hereinafter referred to as the Project or Site. This Bank Parcel Development Package (BPDP) is developed for Phase I of the project and covers approximately 49.7 acres of proposed conservation easement under the proposed Eco Terra Tar -Pamlico 01- Umbrella Mitigation Banking Instrument (UMBI). The UMBI is being established between Eco Terra, LLC (Eco Terra) and the NC Division of Water Resources (NCDWR). The Falling Run Mitigation Site is located west of the Falling Run tributary approximately 7miles northeast of Rocky Mount (Figure 1). This Site will provide riparian buffer credits and nutrient offset credits for unavoidable impacts due to development in the Tar -Pamlico River Basin, US Geological Survey (USGS) 8-digit hydrologic unit code (HUC) 03020101 (Tar -Pam 01) (Figure 2). The BPDP is in accordance with the Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers Rule 15A NCAC 02B .0295 (Consolidated Mitigation Rule) and Nutrient Offset Credit Trading Rule 15A NCAC 02B .0703. The Project is being developed in conjunction with a Division of Mitigation Services (DMS) Site, also referenced as the Bonsai Mitigation Site, which aims to restore wetlands and streams. Since DMS and the NC Interagency Review Team (IRT) are responsible for reviewing the wetland and stream portion of the conservation easement, this BPDP is submitted as a separate document complementary to the DMS project. To access the Project from Raleigh, take 1-40 East and continue on to 1-87 and US-64 East towards Rocky Mount. Continue on US-64 East approximately 57 miles to Exit 470 for NC- 97/Atlantic Ave. Turn right onto NC-97/Atlantic Ave and then right onto NC-97 East. Then turn left onto Cool Springs Road and right onto Battleboro-Leggett Road. Once on Battleboro- Leggett Road, travel approximately 2.3 miles and the entrance to the Site is along a gravel road headed south. The Site coordinates are 35.995850,-77.684472. The areas proposed for riparian buffer and nutrient offset credits are located along two jurisdictional streams and five ditches. Proposed buffers extend a minimum of 30-feet outward from the top of bank JOB) and do not extend beyond 200 feet from viable features. 2.0 Mitigation Project Summary Phase I of the Project will help to reduce future sediment and nutrient loading associated with two unnamed tributaries (UTs) to Falling Run. It will also improve terrestrial habitats along five ditches by establishing forested buffers that will help to reduce and filter surface runoff from the surrounding fields. The Project will restore forested buffers to a maximum of 200 feet from the TOB. 2.1 Project Goals The primary goals of the Site are to provide ecological and water quality enhancements to the Tar -Pamlico River Basin by restoring riparian areas to expand the riparian corridor along two UTs to Falling Run and the associated ditches. The proposed project supports goals identified in the Ik'a Falling Run Mitigation Site Phase I Draft BPDP ecol�rrCh Page 1 2018 Tar -Pamlico 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. Table 1: Project Goals and Objectives Goal Objectives CU-Wide and RBRP Supported Goals Nutrient inputs will be significantly decreased Promote nutrient and by changing the overall land use from sediment reduction in Reduce nutrient agriculture/pasture to forest. As a result, agricultural areas by restoring levels runoff will be filtered through re-established and preserving riparian buffer areas. buffers. Promote nutrient and Decrease sediment Benefits will be achieved via the reduction of sediment reduction in sediments from agricultural areas due to agricultural areas by restoring inputs continuous maintenance and disturbance. and preserving riparian buffers. Benefits will be achieved through the Promote nutrient and Preserve/restore restoration and preservation of buffer areas sediment reduction in streams, wetlands, allowing for increased infiltration and nutrient agricultural areas by restoring and riparian buffers uptake during precipitation events. and preserving riparian buffers. Continue targeted Protect property in Record a conservation easement implementation of projects perpetuity under the Buffer programs. Benefits will be achieved by restoring riparian buffer habitats to functioning headwater and D programmatic goal, Restore terrestrial bottomland hardwood forest ecosystems. Nortthh Carolina General Statue habitats These restored habitats will connect to habitats both up and downstream of the 143-214.10 restored/enhanced areas. 2.2 Existing Parcel Conditions The conservation easement associated with Phase I and the BPDP covers approximately 49.7 acres and consists of agricultural fields, five ditches (identified and labeled as D18, D22, D27, D29 (Reaches A and B), & D30) , and two UTs to Falling Run (denoted as SF & SG) (Figure 3 & Appendix Q. The site shows evidence of livestock management and alteration of the hydrologic regime for agriculture. Currently, the fields are being used for row crop production. Surface and groundwater quickly move across the Site, draining into ditch and stream channels. This water continues flowing towards Falling Run, a tributary of Beech Branch and the Tar River (Figure 4). Phase I exhibits approximately 2,036 linear feet of jurisdictional stream channel and 3,723 linear feet of ditches. Table 2 describes these attributes in detail. Ik'a Falling Run Mitigation Site Phase I Draft BPDP ecolt�rra. Page 2 Table 2: Feature Description - Phase I Resource ID Resource Type Length (linear feet) Jurisdictional Connection SF Stream 1,214 Falling Run SG Stream 822 Falling Run D18 Ditch 419 SG D22 Ditch 1,180 SG D27 Ditch 448 SF D29A Ditch 560 SF D29B Ditch 1,020 SF D30 Ditch 232 SF Table 3: Project Attributes Project Watershed Summary Information Project Name Falling Run Mitigation Site Phase I Geographic Location (Lat, Long) 35.995850,-77.684472 River Basin Tar -Pamlico USGS HUC (8-digit, 12-digit) 03020101, 030201010902 Site Protection Instrument To be recorded Total Credits 715,939 BMUs, 34,609 Ibs of N, 2,229 Ibs of P Types of Credits Riparian Buffer and Nutrient Offset BPDP Date September 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 A representative from the NC Division of Water Resources (NCDWR) met with Eco Terra personnel on February 28, 2022, to assess applicable stream origins of Site resources across the entire Falling Run Mitigation Site. An official Stream Origin Determination Letter was issued to Eco Terra on April 7, 2022. In addition, NCDWR performed a second site visit on June 8, 2022, to determine the Site's viability for riparian buffer and nutrient offset mitigation. A Site Viability Letter was subsequently issued on August 23, 2022. Both documents covered the entire 133- acre proposed easement area. According to NCDWR, 17 ditches were deemed suitable for riparian buffer and/or nutrient offset credits pursuant to 15A NCAC 02B .0295. There have been no changes to land use since NCDWR's site visit in June 2022. A copy of both NCDWR letters is included in Appendix C and those resources applicable to Phase I of the Project are summarized in Table 4. Falling Run Mitigation Site Phase I Draft BPDP ecolt�rra Page 3 Table 4: Project Features Resource ID Classification Buffer Credit Viable" Nutrient Offset Viable' SF C; NSW Yes Yes SG C; NSW Yes Yes D18 N/A Yes Yes D22 N/A Yes Yes D27 N/A Yes Yes D29A & D29B N/A No Yes D30 N/A No Yes Must follow requirements stated in NCDWR Letter dated 8/23/2022 2.4 Watershed Characterization The Site is located in the 12-digit HUC 030201010902 and NCDWR Subbasin 03020101. Falling Run, located downstream and outside of the Site's boundaries, receives all runoff. It is classified by NCDWR as C; NSW. The watershed is dominated by agricultural land and forested areas (Figure 3). There is minimal impervious surface. This subbasin is expected to experience significant population growth due to its proximity to Wake County. Figure 5 depicts topography at the Site and its surrounding areas. Based on elevations presented on the Hartsease and Whitakers, NC US Geological Survey (USGS) 7.5-minute topographic quadrangles, topography is gently sloping to the southeast. Table 5 summarizes the drainage areas for Streams F and G and surrounding land use. Table 5: Drainage Areas and Associated Land Use Resource Drainage Area* Land Use ID (acres) SF 64 Planted row crops (94%), forested (4%), solar panels (2%) SG 40 Planted row crops (94%), forested (6%) *Upstream area 2.5 Soils The Site soils are mapped on the 1979 Natural Resources Conservation Service Soil Survey as Altavista fine sandy loam, Conetoe loamy sand, Roanoke loam, State loamy sand, and Wickham sandy loam. Table 6 provides general descriptions of each map unit. `AO Falling Run Mitigation Site Phase I Draft BPDP ecolt�rrCh Page 4 Table 6: Soil Types and Descriptions Soil Series Name Description Altavista fine sandy loam consists of well drained soils on smooth, flats and AaA-Altavista fine sandy low ridges and shallow areas in stream terraces. Permeability is moderate loam, 0-3% slopes and surface runoff is moderately high. Seasonal high-water table is at 1.5 to 2.5 feet during late winter and early spring. Conetoe loamy sand consists of well -drained soil on smooth to slightly CeB-Conetoe loamy rounded low ridges on stream terraces. Permeability is moderately rapid sand, 0-4% slopes and surface runoff is low. Seasonal high-water table is at a depth of 6 feet or greater. Roanoke loam consists of poorly drained soil on broad flats and in slightly Ro-Roanoke loam depressional drainageways in stream terraces. Permeability is slow and surface runoff is moderately high. Seasonal high-water table is at or near the surface and this soil is frequently flooded for brief periods. State loamy sand consists of well -drained soil on smooth to slightly StB-State loamy sand, 0- rounded, low ridges on stream terraces. Permeability is moderate to 4% slopes moderately rapid and surface runoff is moderate. Seasonal high-water table is at a depth of 6 feet or greater. WkB-Wickham sandy Wickham sandy loam consists of well drained soils on low ridges on stream loam, 0-4%slopes terraces. Permeability is moderate and surface runoff is moderate. Seasonal high-water table is at a depth of 6 feet or greater. 2.6 Existing Vegetative Communities Row crop vegetation serves as the dominant vegetative community across the Site. The current crop is soybeans. Less frequently maintained areas such as field edges and drainages consist primarily of early successional vegetation. American pokeweed (Phytolacca americana) and other various weeds are common. In addition, several small areas exhibiting canopy vegetation also exist along the top of banks of the ditches and tributaries. Trees observed were loblolly pine (Pinus toeda), willow oak (Quercus phellos), and sweet gum (Liquidambar styraciflua). The understory and herbaceous layer of these limited areas consists of smaller sweetgum saplings, sea myrtle (Baccharis halimifolia), poison -ivy (Toxicodendron radicans), peppervine (Ampelopsis arborea), blackberry (Rubus pensilvanicus), common greenbrier (Smilax rotundifolia), Virginia creeper (Parthenocissus quinquefolia), and Chinese privet (Ligustrum sinense). Stream channels possess emergent vegetation such as cattails (Typha latifolia), pennywort (Hydrocotyle vulgaris), parrot's feather (Myriophyllum aquaticum), and soft rush. Ditches in this area include soft rush (Juncus effusus) and bulbous buttercup (Ranunculus bulbosus). 2.7 Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) website was checked on July 12, 2022. Five federally protected species were listed as potentially occurring on the Site. Additionally, a NC Natural Heritage Program (NHP) data explorer report reviewed on July 12, 2022, identified two federally protected species occurring within one mile of the Site (Table 7). These were the bald eagle and the Neuse River waterdog. Falling Run Mitigation Site Phase I Draft BPDP eCOlt�rra. Page 5 The Bald and Golden Eagle Protection Act is enforced by the USWFS. Habitat for the bald eagle primarily consists of mature forests that are in proximity to large bodies of water for forage. Nesting sites are typically found in large dominant trees within 1.0 mile of a large body of water. A desktop-GIS assessment of the conservation easement area, as well as the area within a 1.0- mile radius of the Project limits was performed using 2021 color aerials. There are no water bodies large enough to be considered potential feeding sources within the easement area or within 1.0-mile of the Project limits. Due to the lack of habitat and minimal impact anticipated with this mitigation site, it has been determined that this project will have no effect on this species. Habitat for the Neuse River waterdog includes rivers and larger streams exhibiting large leaf piles for habitat. The UTs at the Site have water quality that is negatively impacted by nutrient and sediment inputs from the surrounding farm fields. The proposed buffer mitigation plan will not include any work within the existing stream channels. Due to the lack of viable habitat and minimal impact anticipated within this mitigation site, it has been determined that this project may affect, but is not likely to adversely affect this species. In an e-mail response dated August 2, 2022 (Appendix D), the USFWS concurred with the proposed biological conclusions submitted in a self -certification request for this project. Table 7: Potential Federally Protected Species at the Site* Scientific Name Common Name Habitat Present Biological Conclusion Ha(iaeetus Bald eagle No No Eagle Act Permit feucocephafus Required Necturus (ewisi Neuse River waterdog No May affect, not likely to adversely affect Noturus furiosus Carolina madtom No No Effect Fusconaia masoni Atlantic pigtoe No No Effect E((iptio Tar River spinymussel No No Effect steinstansana *Checked study area in USFWS IPaC on 7/12/2022 2.8 Cultural Resources A review of the NC State Historic Preservation Office (SHPO) database (accessed July 19, 2022) was conducted for compliance with Section 106 of the National Historic Preservation Act. The database did not reveal any occurrences located within one mile of the Site on the National Register of Historic Places (NRHP) or that are eligible. Additionally, a scoping letter response from SHPO dated September 14, 2022, indicated no historic properties would be affected (Appendix D). 2.9 Jurisdictional Resources -Clean Water Act Sections 404/401 A preliminary jurisdictional determination (PJD) site visit has not been conducted by the US Army Corps of Engineers (USACE). NCDWR staff has been on -site to verify which features are subject to the Tar -Pamlico Riparian Buffer Rules and which can provide riparian buffer and nutrient offset mitigation credits (Appendix Q. Implementation of this project will not fill or `AO Falling Run Mitigation Site Phase I Draft BPDP ecolt�rrCl. Page 6 impact any Waters of the United States; therefore, no Section 404 or 401 permits will be required. 2.10 FEMA Floodplain Compliance The Site is located in the 100 Year Floodplain of Swift Creek. A floodplain development permit will be submitted to the Edgecombe County Floodplain Manager once the conservation easement is recorded. Proposed implementation of work will not commence until all required permits have been received. 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 May 5, 2022. The Federal, State, and Tribal environmental databases list three records that occur within 0.25 miles of the Site, including one leaking underground storage tank 0.185 miles from the Site, one underground storage tank located 0.217 miles from the Site, and one US mine located 0.003 miles from 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 within two FEMA regulated areas as shown on DFIRMS 3720389200K, 3720389100K, 3720388200K, and 3720388100J. The site occurs in Zone AE as well as the 0.2% Annual Chance Flood Hazard Zone. 3.0 Site Protection Instrument The land required for planting, management, and stewardship of the Site includes portions of the parcels listed in Table 8. The parcels 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. `AO Falling Run Mitigation Site Phase I Draft BPDP ecOlt�rra. Page 7 Table 8: Site Protection Instrument Landowner PIN County Site Protection Instrument Deed Book and Page Number* Protected Acreage 3881-79- 7044 Edgecombe Conservation Easement 1622/0231 2.00 3881-89- 3058 Edgecombe Conservation Easement 1622/0228 12.57 0327 3882-90- Edgecombe Easement Conservation 1622/0239 4.93 Billy Dean Bulluck Jr. Trustee et al 3881-98- 0837 Edgecombe Conservation Easement 1622/0241 5.84 3892-02- 6539 Edgecombe Conservation Easement 0846/0445 17.13 3891-18- 0572 Edgecombe Conservation Easement 1622/0224 7.23 *The Conservation Easement Deed Book and Page Number will be determined at the time of recording 4.0 Mitigation Work Plan The Project will restore a network of corridors on land that has been impacted by agriculture. The restored riparian buffers and nutrient offset planting will improve the water quality of downstream receiving waters. Implementation activities conducted to generate Riparian Buffer and Nutrient Offset Credits within the riparian buffers and adjacent riparian areas will occur in close proximity to a proposed Division of Mitigation Services (DMS) site, Bonsai Mitigation Site. The riparian buffer and nutrient offset restoration areas are shown on Figures 7 and 8. 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 invasive species will be treated as needed across the Site. The only ditch what will require maintenance is D29A. The upper portion of this feature is not viable for riparian buffer or nutrient offset mitigation credit. It will be filled and graded to allow for diffuse flow towards the remaining portions of D29A and D29B. 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 Coastal Plain Small Stream Swamp (Schafale, 2012). Tree species and permanent seed mix planted across the Site will potentially include the species listed below in Table 9. % Falling Run Mitigation Site Phase I Draft BPDP ecol�rrCh Page 8 Table 9: Proposed Planting Plan Scientific Name Common Name Density Spacing Strata Betufa nigra River birch 5% 8 X 8 Canopy Carpinus carofiniana Ironwood 5% 8 X 8 Understory Ceftis faevigata Sugarberry 2% 8 X 8 Canopy Cephafanthus occidentafis Common buttonbush 5% 8 X 8 Understory Corpus amomum Silky dogwood 5% 8 X 8 Understory Cyriffa racemiffora Titi 5% 8 X 8 Understory Diospyros virginiana Common persimmon 5% 8 X 8 Understory Fraxinus pennsy(vanica Green ash 2% 8 X 8 Canopy Ilex opaca American holly 5% 8 X 8 Understory Liriodendron tu(ipifera Yellow poplar 5% 8 X 8 Canopy Magnolia virginiana Sweetbay 5% 8 X 8 Understory Nyssa biffora Swamp tupelo 5% 8 X 8 Canopy Persea pafustris Red bay 5% 8 X 8 Understory Pfatanus occidentafis Sycamore 2% 8 X 8 Canopy Quercus bicolor Swamp white oak 2% 8 X 8 Canopy Quercus faurifofia Swamp laurel oak 5% 8 X 8 Canopy Quercus fyrata Overcup oak 5% 8 X 8 Canopy Quercus michauxii Swamp chestnut oak 5% 8 X 8 Canopy Quercus nigra Water oak 3% 8 X 8 Canopy Quercus pagoda Cherrybark oak 2% 8 X 8 Canopy Quercus pheffos Willow oak 5% 8 X 8 Canopy Quercus shumardii Shumard oak 5% 8 X 8 Canopy Taxodium distichum Bald cypress 5% 8 X 8 Canopy Ufmus americana American elm 2% 8 X 8 Canopy Andropogon gerardii Big bluestem N/A N/A Herbaceous/ Permanent seed mix Argostis a(ba Redtop N/A N/A Herbaceous/Permanent seed mix Carex vu(pinoidea Fox sedge N/A N/A Herbaceous/ Permanent seed mix Juncus effusus Soft rush N/A N/A Herbaceous/ Permanent seed mix Juncus coriaceus Leathery rush N/A N/A Herbaceous/ Permanent seed mix Panicum virgatum Switchgrass N/A N/A Herbaceous/ Permanent seed mix Pennisetum g(aucum Pearl top millet N/A N/A Herbaceous/ Permanent seed mix Setaria itafica Foxtail millet N/A N/A Herbaceous/ Permanent seed mix Sorghastrum nutans Indian grass N/A N/A Herbaceous/ Permanent seed mix Falling Run Mitigation Site Phase I Draft BPDP CCco terra. Page 9 A density of approximately 600 to 800 trees per acre is proposed for the initial planting, and is expected to be sufficient to meet the performance standards of 260 stems per acre after five years outlined in Rule 15A NCAC 02B .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 9 due to availability of trees at the time of planting. A seed mix will be applied in areas where bare soil or 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 7. Planting is scheduled for installation in February 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 45 acres of planted riparian buffer and nutrient offset areas to monitor survival of planted trees. In order to adequately monitor the vegetation, the planted area will be monitored in 100-m2 plots. A total of 20 fixed 100-m2 plots will be established and located in the riparian buffer and nutrient offset credit areas (Figure 9). An additional seven random 100-m2 random plots will be surveyed each year for a total of 27 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 flagged 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, at 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 evaluate: • Any potential encroachment; • Effectiveness of invasive species managment; • Any potential beaver activity; Ik'a Falling Run Mitigation Site Phase I Draft BPDP ecOlt�rra. Page 10 • Diffuse flow within restored buffer areas; • Condition of easement markers; and • Any land disturbance that may impact the restored buffer areas. Annual mowing between planted tree rows will occur for at least the first two growing seasons to establish row integrity for site monitoring and subsequent supplemental planting and herbaceous competition control. 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. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of the Falling Run Mitigation Site Phase I 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. % Falling Run Mitigation Site Phase I Draft BPDP ecOlt�rra. Page 11 7.0 Project Credits and Credit Release This Site has the potential to generate up to 715,939 ftz of riparian buffer mitigation credits or 663,251 ftz (34,609 lb of N and 2,229 Ibs of P) of nutrient offset credits within a 49.7-acre conservation easement (Figure 7). The credits will be derived from riparian buffer restoration, enhancement, and preservation and will service the Tar -Pam 01 watershed. Also, some of the proposed riparian buffer 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 from NCDWR, riparian buffer restoration credits, within the 0 tol00-foot zone along SF, SG, D18, D22, and D27 can be converted to nutrient offset credit, generating up to 30,446 Ibs on N and 1,961 Ibs of P. The total potential riparian buffer mitigation and nutrient offset credits that the Falling Run Mitigation Site Phase I will generate were calculated using the NCDWR "Project Credit Table Template (Updated February 2022)" and are presented in Table 10. Figure 8 depicts riparian zones of 50, 100, and 200 feet from the top of bank to demonstrate width requirements for crediting. There will be three credit ledgers: Riparian Buffer, Nitrogen, and Phosphorus. Ik'a Falling Run Mitigation Site Phase I Draft BPDP ecOlerrCh Page 12 `o O a a a 0 o I. u � z v o p. 'z o o a o m 0 u o 0 z z 0 0 z z 0 0 z z x u` o u � 'v o\° U X — O c z V ro o o m vl a0 v N V �� N Q c z o Q Q o a o v a w a c N N N Z m w LL LL E E LL LL E E m m E E m m o 0 ri ri 0 0 ^^^^ 0 0 0 0 m m 0 0 o o 0 o O 'ro H m 0 m c O N u H g v _ = z C O m O O H N X Lo O p v c � v y > C Q O o o o o o o o o o o o o o o o ,, o m y v y a -- —— —— o 0 0 0 0 0 0 0 0 0 0 0 `o DL Y w } o o z z o o z z o 0 z z 0 0 z z 0 0 z z 0 0 z z m m o z v v a N o oi E F o o o « 'v o o O O z z o o O O z z o o O O z z F E — z LL m m E E E E m O m F ry a acna v V v ^ Z O Q m l7 ry m v V v Z O y y o � � usi in W usi m LL O F .. .. c � v G '° Z L F« v v a00 Z" v m w O ~ ._ W a O o c v Z Table 11: Credit Release Schedule Task Project Milestone % Credit Available for Sale Instrument and BPDP approved by NCDWR, conservation 1 easement recorded, and financial assurance posted. 15 Mitigation site earthwork, planting, and installation of 2 monitoring devices completed. 20 Monitoring financial assurance posted and approval of as- 3 built report. 10 Monitoring report #1: Approved by NCDWR and financial 4 assurance renewed. 10 Monitoring report #2: Approved by NCDWR and financial 5 assurance renewed. 10 Monitoring report #3: Approved by NCDWR and financial 6 assurance renewed. 10 Item B(1) of Section X in the Eco Terra Tar -Pamlico 01 UMBI has been completed and approved by NCDWR. 10 No remaining credits released until the conservation easement has been assigned to an approved long-term steward. Monitoring report #4: Approved by NCDWR and financial 8 assurance renewed. 5 Monitoring report #5: Approved by NCDWR and financial 9 assurance renewed. 10 Total: 100 Ik'a Falling Run Mitigation Site Phase I Draft BPDP ecOlerrCh Page 14 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 Division of Mitigation Services (NCDMS). 2018 Tar -Pamlico River Basin Restoration Priorities. 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 .0734 Tar - Pamlico River Basin: Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers. 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. 1979. Soil Survey Edgecombe County, North Carolina. U.S. Fish and Wildlife Service (USFWS), 2022. Information and Planning Consultation (IPaC). https://ecos.fws.gov/ipac/ Ik'a Falling Run Mitigation Site Phase I Draft BPDP ecOl�rrCh Page 15 Figure is Vicinity Map Falling Run Site Phase I I Battleboro, NC r Whitakers 1 y aoi I 1 I• I I 1 1 n 1 NYC Battlebbro Cherry I Crossroads Drake Belmont Lake ' Golf Club 1 I I Phillips To 1 Crossroads N ay A Betts?wfur �I wl 2 , a�� 1 s7 y�ey qke South Rocky 4s'�� acOKOrra 'I'Vhb. Gethsemane ❑raughn Red Hill Ik Le Kingsboro Wrendale Mount Brake µ Co leY Ra State of North Carolina D0,141sri, HERE, Garmin, SafeGrapi { GeoTechnclogies, Inc, M7ASA, USGS, EPA, NPS, USDA y - ( mmm�� 00 1 2 Miles Source ESRI Streets Sosemap Q Phase I Conservation Easement 0 -4 I ! Figure 3: Existing Conditions Falling Run Site Phase I I Battleboro, NC w'I� eco�terra --- ilib. Q= Phase I Conservation Easement 0 375 750 Feet Ditch - Stream Source NC' Oneinap 2021 Aerial, Sub -meter Tap of Bank Figure 4: USG5 Topographic Map Falling Run Site Phase 116attleboro, NC �.Ixf ecofterra `Nib IpA • a'a or r �4 Iz 4 J\wo + Ab. r 01 , • — 0 _ q. i er N 0 1,000 2,000 Feet Source USA Topomaps L1 �3 National Geographic I ociety, i-cvbel Phase I Conservation Easement Figure 5: Drainage Area Falling Run Site Phase I I Battleboro, NC eco, erra `4OVhb. (00 Stream F Drainage Area (54 ac) 500 1,000 Feet — Stream G Drainage Area (40 ac) Ditch Stream Phase I Conservation Easement 5ourre NC Onemap ,?Q21 Aerial, 5ub,meter Top of Bank, Stream 5tats Drainage Areas Figure 6. NRCS 1979 Soil Survey Map Falling Run Site Phase 116attieboro, NC r.. LCDkLr-rc �VhU StB we W Ca CeB We StB Ca StB A aA Ro WkB , s � • f A CeB WkB R❑ " A aA 'i D gA t- StB (00 37S 7SO Feet Source 1979 NRCS Soil Survey, Mop Sheets 6 & 9, Phase I Conservation Easement Figure 7: Mitigation Credit LC7CrrQ JV�7� Falling Run Site Phase I I BattleborO, NC Ditch no Stream 0 Phase I Conservation Easement No Credit (00 300 600 Feet 0 Buffer Restoration 0-100' (Riparian Buffer of Nutrent Offset Credit) Buffer Restoration 101-200' (Riparian Buffer or Nutrient Offset Credit) Stream Buffer Enhancement 0-100' {Riparian Buffer Credit) 0 Stream Buffer Enhancement 101-200' (Riparian Buffer Credit) F—� Stream Buffer Preservation 0-100' (Riparian Buffer Credit) Stream Buffer Preservation 101-200' (Riparian Buffer Credit) Buffer Restoration 0-100' {Nutrient Offset Credit) 0 Buffer Restoration ID1-200' (Nutrient Offset Credit) Svjree NC Onerrop.?027 Awful, 5tlb•mvtef Tev oiblonk Figure 8: Riparian Buffer Zones !'IM � 1:' Falling Run Site Phase I j Battleboro, NC GCaaVerra. =j►hb. Q 0 300 600 Feet Source: NC Clnemap 202.1 Aenct, Sub -meter rop of Bank. Ditch Stream Q Phase I Conservation Easement (� 0-30' Q 31-50' 0 51-100' 0 100-zoo' Figure 9: Monitoring Plan Falling Run Site Phase I I Battieboro, NC eCoVerra. *ihb. Q Monitoring Plats 0 Phase I Conservation Easement No Credit Ditch 0o Stream Q D 300 600 Feet F--] Buffer Restoration 0-100' (Riparian Buffer at Nutrient Offset Credit) Buffer Restoration 101-200' (Riparian Buffer or Nutrient Offset Credit) Stream Buffer Enhancement 0-100' (Riparian Buffer Credit) (♦ Stream Buffer Enhancement 101-200' (Riparian Buffer Credit) C= Stream Buffer Preservation 0-100' (Riparian Buffer Credit) Stream Buffer Preservation 101-200' (Riparian Buffer Cttdit) Buffer Restoration 0-100' (Nutrient Offset Credit) 0 Buffer Restoration 101-200' (Nutrient Offset Credit) �urvre: ESRI 5asemap, Sub -meter Top oT Gunk Appendix A Falling Run Mitigation Site Phase I Edgecombe County, NC Site Photographs — Taken July 7, 2022 Ditch 18 (D18) Ditch 27 (D27) Ditch 29B (D29B) Falling Run Mitigation Site Phase I Site Photographs Ditch 22 (D22) .�Hi�asL- Ditch 29A (D29A) Ditch 3 & Stream E Confluence VHB Project No. 39077.36 Page 1 of 1 Stream F Stream G Bonsai Mitigation Site VHB Project No. 39077.36 Site Photographs Page 2 of 2 Appendix B 1951 Historical Aerial eco terra * hb Falling Run Site Phase I I Battleboro, NC QN 0 300 600 Feet Source: USGS Data Explorer Single Frame Aerial r� Phase I Conservation Easement O O m r 0 rn m t v 1974 Historical Aerial;'s eco�erra vhb. Falling Run Site Phase I Battleboro, NC F_ ... ' r QN 0 300 600 Feet Source: USGS Data Explorer Single Frame Aerial Esri .Community Maps Contributors, State of North Carolina OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NIPS, US Census Bureau, USDA r Phase I Conservation Easement Appendix C DocuSign Envelope ID: D1 EOAKC-130413-41315-BED8-C921370A73625 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Scott Frederick Eco Terra LLC scott@ecoterra.com NORTH CAROLINA Emdranmen[al Quality April 7, 2022 Project 20220112 V1 Edgecombe County Subject: Applicability to the Tar -Pam River Basin Buffer Rules 15A NCAC 02B .0734 Project: Falling Run Buffer Site Address: Near 3817 Battleboro-Leggett Rd., Battleboro, NC 27809, Edgecombe County, NC Location: Lat., Long: 35.995822,-77.678946 Dear Mr. Frederick: On February 28, 2022, Shelton Sullivan of the Division of Water Resources (DWR) conducted an on -site review of features located on the Falling Run Buffer Site in Edgecombe County to determine the applicability of features on the site to the Tar -Pamlico River Basin Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0734. The enclosed map(s) depictthe feature(s) evaluated and this information is also summarized in the table below. Streams were evaluated for being ephemeral, at least intermittent, and for subjectivity to the Tar -Pam River Basin Riparian Area Protection Rules. Streams that are considered "Subject" have been located on the most recently published NRCS Soil Survey of Person County and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics that qualify them to be at least intermittent streams. Features that are considered "Not Subject" have been determined to not be at least intermittent, not present on the property, or not depicted on the required maps. This determination only addresses the applicability to the buffer rules within the proposed easement and does not approve any activity within buffers or within waters of the state. There may be other streams, wetlands, ponds, or other features located on the property that appear or do not appear on the maps referenced above. Any of the features on the site may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. The following table addresses the features observed and rated during the DWR site visit. See attached map and key provided by Scott Frederick with Eco Terra Partners LLC North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NCRTH CAROB_ NA uepanmem 0 Dvirm eorai a.x 919.707.9000 DocuSign Envelope ID: D1 EOAKC-130413-41315-BED8-C921370A73625 Page 2 of 3 Falling Run Buffer Site Project 20220112 V.1 Feature Type: stream (ephemeral, Subject to Depicted Depicted Feature ID intermittent, Buffer Start @ Stop @ on on perennial), ditch, Rules Soil Survey USGS Topo swale, wetland, other Start Point indicated on map, Stream A Stream- at least Yes Green/Blue, Stream E Yes Yes intermittent Ditch/Stream transition Start Point Stream- at least indicated on map, Confluence Stream B intermittent yes Green/Blue, with Stream E yes Yes Ditch/Stream transition Start Point Stream- at least indicated on map, Confluence Stream C intermittent No Green/Blue, with Stream E yes Yes Ditch/Stream transition Start Point Stream- at least indicated on map, Confluence Stream D intermittent yes Green/Blue, with Stream E yes Yes Ditch/Stream transition Continues beyond the Present at western Stream- at least property eastern Stream E intermittent Yes boundary; blue line property Yes Yes boundary at on map Goose Hollow Ln. Continues Start Point beyond the Stream- at least indicated on map, eastern Stream F Yes Green/Blue, property Yes Yes intermittent Ditch/Stream boundary at transition Goose Hollow Ln. Partial, Continues Upper leg Starts beyond beyond the Partial, Stream G Stream- at least only, see western project western Upper leg No intermittent yellow on boundary property only, see boundary, map map flows north Green Ditches, ponds, See the map Labeled or drainage No provided by Eco See map Partial Partial Features features Terra LLC on Map * E: Ephemeral, I: Intermittent, P: Perennial This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute this determination made by the DWR may request an appeal determination by the Director of Water Resources. An appeal request DocuSign Envelope ID: D1 EOAKC-130413-41315-BED8-C92B7OA73625 Page 3of3 Falling Run Buffer Site Project 20220112 V.1 must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) Paul Wojoski - DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St. Raleigh, NC 27604 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) calendar days of the date of this letter. If you have any additional questions or require additional information, please contact Shelton Sullivan at shelton.sullivanPncdenr.gov or 919-707-3636. This determination is subject to review as provided in G.S. 150B. Sincerely, DocuSAigned by: E R�Gt�G W, * 4" 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map with labels, USGS Topographical Map, NRCS Soil Survey cc: 401 & Buffer Permitting Branch Laserfiche File Jordan Burbage, jordanPecoterra.com Billy Dean Bulluck, Jr., 3806 Battleboro-Leggett Rd., Battleboro, NC 27809 Filename: 20220112V.1_StreamCALLs_FallingRunBufferSite_EdgecombeCo DocuSion Envelope ID: D1 EOA9EC-BO4B-4B15-BED8-C92B7OA73625 DocuSign Envelope ID: D1 EOA9EC-BO4B-4B15-BED8-C92B7OA73625 USGS Map Refer to labeled aerial map Shelton Sullivan, DWR, 2/28/22 DocuSign Envelope ID: D1 HAKC-130413-41315-BED8-C92B70A73625 DgA �Ivm 5tB StB HC We IgA ._ + We Ro Ca ';,CB Ca r StB 4 ~, A a A Legend, kB Proposed Conservation Easement J7 We DgA I We DgA We Ro aA AaA n R© DgA TaB WkR Aa NC GIA, Maxar Ro Figure 3: Soil Survey Falling Run Buffer Site N PIN: 3891193663 w�E Tar -Pamlico 03020101 s /� 35°59'46.86"N 77040'37.65"W eco terra. Edgecombe County, NC 0 375 750 1,500 1979 Soil Survey of Edgecombe County, NC Feet Map Sheets #6, #9 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality August 23, 2022 (replaces letter dated August 1, 2022 and corrects mitigation determination for Ditch #22 & Ditch 29b only) Scott Frederick EcoTerra Partners, LLC (via electronic mail: scott(aDecoterra.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Falling Run Site Near 35.992195,-77.674569 off 3806 Battleboro Legget Rd, Battleboro, NC Tar -Pamlico River Basin 03020101 Edgecombe County Dear Mr. Frederick, On April 18, 2022, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Eco Terra, LLC (EcoTerra) for a site visit near the above -referenced site in the Tar -Pamlico River Basin within the 8-digit Hydrologic Unit Code 03020101. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately shown in the attached map labeled "Figure 1: Site Map" (Figure 1) prepared by EcoTerra. On June 8, 2022, Ms. Merritt performed a site assessment of the subject site. Staff with Eco Terra were also present. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank JOB) 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 onsite tSubiect Riparian Land uses adiacent to Feature Buffer Credit 'Nutrient Offset ','Mitigation Type Determination w/in to riparian areas Buffer 0( 200') Viable Viable Rule SA,SB,SD, Streams Yes non -forested agricultural Yes Yes (non- Non -forested fields - Restoration Site per SE, fields. forested 15A NCAC 02B .0295 (n) fields only) North Carolina Department of Environmental Quality I Division of Water Resources D E Q North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-161 1 r'c"TMCAROL1NA — 919.707.9000 a unYonwanw Or�ry\ Falling Run Site EcoTcrra August 23, 2022 Feature Classification 'Subiect Riparian Land uses Buffer 'Nutrient '-Mitigation Type Determination w/in onsite riparian areas to adjacent to Feature Credit Offset Buffer 0( 200,) Viable Viable Rule SC Stream Yes Left bank forested; right 'Yes Yes (non- Non -forested fields - Restoration Site per bank non -forested forested 15A NCAC 02B .0295 (n) agricultural fields fields only) Forested Areas — Preservation Site per 15A NCAC 02B .0295 (o)(5) SF Stream Yes Combination of forested 'Yes Yes (non- Non -forested fields - Restoration Site per pasture and non -forested forested ag 15A NCAC 02B .0295 (n) agricultural fields fields only) Forested Pasture — Enhancement Site per 15A NCAC 02B .0295 (o)(6) SG Stream No Non -forested agricultural '--Yes Yes (non- Non -forested fields - Restoration Site per fields within the proposed forested 15A NCAC 02B .0295 (n) CE but includes forested fields only) areas beyond the CE Forested Areas — Preservation Site per boundary 15A NCAC 02B .0295 (o)(5) 27,22,18,16, Ditches <3' No Non -forested agricultural *See Yes Restoration Site per 15A NCAC 02B 15,14,13,121 fields note .0295 (o)(8) 1 1,10,7,5,4,2 (see ditch *Buffer Mitigation Note — Assessment origins on concludes the ditch meets 15A NCAC attached 02B .0295 (o)(8) (A, B, C, D & E). More map) information is required to be provided in a mitigation plan for complete assessment. See rule. 3,29b Ditch No Non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) 29a Ditch No Historically forested areas No Yes (left Restoration Site per 15A NCAC 02B (starts @ >3' depth with established berm right bank ag .0295 (n) 35.994831, bank; Left bank is non- fields only) -77.683947) forested agricultural fields 30 Ditch No Non -forested agricultural No Yes (right Restoration Site per 15A NCAC 02B >3' depth fields right bank only bank ag .0295 (n) fields only) Page 2 of 4 Falling Run Site EcoTerra August 23, 2022 Feature Classification 'Subiect Riparian Land uses Buffer Credit 3Nutrient Offset 4,5Mitigation Type Determination wlin onsite to adjacent to Feature riparian areas Buffer 0f 200,1 Viable Viable Rule 1,1 A,2A,6,8, Ditches No Non -forested agricultural No No Either not present or not directly 8A,9,17,19, fields, hydrologically connected to a stream 20,21,22A, 23,23A,24, 25,26,27A, 28,31,32 'Subjectivity calls for the features were determined by DWR in correspondence dated April 7, 2022 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. "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). Determinations provided in the table above were made using a proposed easement boundary showing proposed mitigation areas in Figure 1. A map representing the proposal for the site is attached to this letter and is initialed by Ms. Merritt on August 1, 2022. Substantial changes to the proposed easement boundary could affect the Site's potential to generate buffer 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 August 23, 2024 or upon approval of a mitigation plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, streams or wetland mitigation plan for this Site. Page 3 of 4 Fading Run Site EcoTerra August 23, 2022 Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. PW/kym Attachments: "Site Map" (Figure 1)" cc: File Copy (Katie Merritt) Sincerely, Paul Wojoski, Supervisor 401 and Buffer Permitting Branch Page 4 of 4 DocuSign Envelope ID: F44C11 C2-77C4-4595-A771-0A90A11567A0 writ Ditch Origins 2: 35.996256, -77.677206 8/1/2022 11: 36.000231, -77.681375 KYM 14: 36.000064, -77.682397 16: 35.995914, -77.681822 18: 35,996483. -77.685397 22: 35.993561,-77.685981 27: 35.991228, -77.682078 29: 35.995750, -77.684322 Left & Right banks in the table are based an ditch drainage towards the stream. = BERM and NO CREDITS 4.0111' '- Stream G ` 1 ` I Proposed Conservation Easement Cji Area of Interest --- Ditch Ditch ---No Connection Stream . Flow Direction NCDOT 2' Contours Alipp ecolerra Property Line Figure 1: Site Map Falling Run Buffer Site PIN: 3891/93663 Tar -Pamlico 03020101 35°59`46.86"N 77°40'37.65'W Edgecombe County, NC NC Onemap 2021 Aeria! 8/202 rn roo� 0 I Facet Appendix D From: Matthews, Kathryn H To: Heather Smith Cc: Casey Bardier Subject: Re: Fw: [EXTERNAL] Bonsai Mitigation Site Date: Tuesday, August 2, 2022 3:41:25 PM Attachments: imaae001.ona imaae002.ona imaae003.ona imaae004.ona imaae005.ono Hi Heather, Thank you for submitting the Bonsai site through the self -certification process. The Service concurs with your species determinations. Please provide this email to others as needed to other agencies for their knowledge. Thanks, Please note that 1 am teleworking Wednesday through Friday, every week. Emoil is the best way to reach me. Thanks, Kathy Matthews NC Renewable Energy Coordinator & Fish and Wildlife Biologist U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 919-856-4520, x. 27 From: Heather Smith <hsmith@vhb.com> Sent: Monday, July 25, 2022 2:47 PM To: Raleigh, FW4 <raleigh@fws.gov> Cc: Casey Bardier <cbardier@vhb.com> Subject: [EXTERNAL] Bonsai Mitigation Site This email has been received from outside of DOI - Use caution before clicking on links, opening attachments, or responding. Please find the attached self -certification for a mitigation site in Edgecombe County. Thanks, Heather Smith, LSS North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson September 14, 2022 Scott Frederick Eco Terra 117 Centrewest Court Cary, NC 27513 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. scotte,ecoterra.com Re: Falling Run/Bonsai mitigation site, 35.998851,-77.677884, Battleboro, Edgecombe County, ER 22-1462 Dear Mr. Frederick: Thank you for your email of August 24, 2022, 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.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, (1� ult V 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 Falling Run Mitigation Site Not Reported Battleboro, NC 27809 Inquiry Number: 6969216.2s May 06, 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 Orphan Summary--------------------------------------------------------- 12 Government Records Searched/Data Currency Tracking GRA GEOCHECK ADDENDUM Physical Setting Source Addendum------------------------------------------ A-1 Physical Setting Source Summary-------------------------------------------. A-2 Physical Setting SSURGO Soil Map------------------------------------------- A-5 Physical Setting Source Map A-13 Physical Setting Source Map Findings---------------------------------------- A-15 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. 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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. TC6969216.2s 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 NOT REPORTED BATTLEBORO, NC 27809 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator UTM X (Meters): UTM Y (Meters): Elevation: 35.9962450 - 35- 59' 46.48" 77.6812290 - 77- 40' 52.42" Zone 18 258302.5 3986656.8 68 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 13720764 HARTSEASE, NC Version Date: 2019 North Map: 13837663 WHITAKERS, NC Version Date: 2019 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20140521 Source: USDA TC6969216.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: NOT REPORTED BATTLEBORO, NC 27809 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION 1 COOL SPRING SAND & G US MINES Lower 16, 0.003, SE A2 PHILLIPS MIDDLE SCHO 4371 BATTLEBORO-LEGG LUST Higher 976, 0.185, NNW A3 PHILLIPS MIDDLE SCHO ROUTE 2 BOX 1 UST Higher 1148, 0.217, NNW 6969216.2s 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 TC6969216.2s 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 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 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 VCP___________________________ Responsible Party Voluntary Action Sites INDIAN VCP__________________ Voluntary Cleanup Priority Listing Lists of state and tribal brownfield sites BROWNFIELDS______________ Brownfields Projects Inventory F-11QQk1[9PFIVE :IkqWI Z•1,IMtl:Ikq III CITE 7X8i01 7IR Local Brownfield lists US BROWNFIELDS----------- A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites SWRCY_______________________ Recycling Center Listing TC6969216.2s EXECUTIVE SUMMARY EXECUTIVE SUMMARY HIST LF_______________________ Solid Waste Facility Listing INDIAN ODI___________________ Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9___________ Torres Martinez Reservation Illegal Dump Site Locations ODI___________________________ Open Dump Inventory IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL_________________ Delisted National Clandestine Laboratory Register US CDL_______________________ National Clandestine Laboratory Register 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 CONSENT____________________ Superfund (CERCLA) Consent Decrees INDIAN RESERV_____________ Indian Reservations FUSRAP______________________ Formerly Utilized Sites Remedial Action Program UMTRA_______________________ Uranium Mill Tailings Sites TC6969216.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY LEAD SMELTERS____________ Lead Smelter Sites US AIRS______________________ Aerometric Information Retrieval System Facility Subsystem ABANDONED MINES --------- Abandoned Mines FINDS ------------------------- Facility Index System/Facility Registry System DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing ECHO ------------------------- Enforcement & Compliance History Information UXO --------------------------- Unexploded Ordnance Sites 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 [:I Q 7 7X0191T/4 :11XCT91T/:I NZ Mtl:1,III /_1YN:Ih/*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 identified in the following databases Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. TC6969216.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY STANDARD ENVIRONMENTAL RECORDS Lists of state and tribal leaking storage tanks LUST: The Leaking Underground Storage Tank Incidents Management Database contains an inventory of reported leaking underground storage tank incidents. The data come from the Department of Environment, & Natural Resources' Incidents by Address. A review of the LUST list, as provided by EDR, and dated 01/28/2022 has revealed that there is 1 LUST site within approximately 0.5 miles of the target property. Equal/Higher Elevation PHILLIPS MIDDLE SCHO Incident Phase: CO Product Type: PETROLEUM Incident Number: 39357 Current Status: File Located in House Address 4371 BATTLEBORO-LEGG Direction / Distance Map ID Page NNW 1/8 - 1/4 (0.185 mi.) A2 8 Lists of state and tribal registered storage tanks UST: The Underground Storage Tank database contains registered USTs. USTs are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA). The data come from the Department of Environment & Natural Resources' Petroleum Underground Storage Tank Database. A review of the UST list, as provided by EDR, and dated 04/08/2022 has revealed that there is 1 UST site within approximately 0.25 miles of the target property. Equal/Higher Elevation Address PHILLIPS MIDDLE SCHO ROUTE 2 BOX 1 Facility Id: 00-0-0000016263 ADDITIONAL ENVIRONMENTAL RECORDS Direction / Distance Map ID Page NNW 1/8 - 1/4 (0.217 mi.) A3 10 Other Ascertainable Records US MINES: Mines Master Index File. The source of this database is the Dept. of Labor, Mine Safety and Health Administration. A review of the US MINES list, as provided by EDR, has revealed that there is 1 US MINES site within approximately 0.25 miles of the target property. Lower Elevation Address Direction / Distance Map ID Page COOL SPRING SAND & G SE 0 - 1/8 (0.003 mi.) 1 8 Database: US MINES, Date of Government Version: 11/02/2021 Mine ID:: 3102203 TC6969216.2s EXECUTIVE SUMMARY 7 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC6969216.2s EXECUTIVE SUMMARY 8