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HomeMy WebLinkAbout20180466 Ver 2_Final BPDP for PN_20190218Type of Mitigation Project:* r Stream r Wetlands W Buffer W Nutrient Offset
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Project Information
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Project Name:* Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank
Project Type:* r DMS r Mitigation Bank
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Date 02/18/2019
Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank
Bank Parcel Development Package (BPDP)
Tar- Pamlico Basin (HUC: 03020104) Chocowinity Creek Watershed
January 2019
Greene Environmental Services, LLC
North Carolina Department of Environmental Quality,
Division of Water Resources
Project Number: 2018-0466 v2
Submitted to:
Katie Merritt, Nutrient Offset & Buffer Banking Coordinator
NC Department of Environmental Quality - Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617 Email: katie.merritt@ncdenr.gov Phone: (919) 707-3637
Submitted by:
Greene Environmental Services, Jeff Becker and David Knowles
Ham Farms, 963 Hwy 258 S
Snow Hill, NC 28580
Phone: (919) 215-3899, jrbecker@bellsouth.net;
(252) 757-1978, ocesdk@gmail.com
Table of Contents
Section
Page
1.0 Introduction
4
1.1 Bank Location
5
1.2.0 Bank Parcel Overview
5
1.2.1 Site Viability and Stream Determination Reports
5
1.2.2 Bank Description
7
1.2.3 Water Quality Assessments and Stream Classifications
8
1.2.4 Boundary Survey
10
2.0 Project Area - Existing Conditions
11
2.1 Physiography
12
2.2 Geologic and Soil Characteristics
12
2.3 Existing Vegetative Communities
14
2.4.0 Potential Constraints on Bank Establishment
15
2.4.1 Threatened and Endangered Species
16
2.4.2 Cultural Resources
17
2.4.3 Flood Potential
18
2.4.4 Infrastructure
18
3.0 Proposed Riparian Buffer and Nutrient Offset Restoration Plan
19
3.1 Site Preparation and Sapling Planting at the Bank Parcel
20
4.0 Monitoring and Maintenance Plan
23
5.0 Long Term Maintenance and Protection
23
6.0 Financial Assurance
23
7.0 Riparian Buffer and Nutrient Offset Mitigation Potential
26
8.0 References
29
List of Tables
Table
Number
Table Caption
Table 1
Approximate areal coverage of Bank tracts.
Table 2
Stream classification for waterways downstream from the Dixon Road Bank
to the Pamlico River estuary.
Table 3
North Carolina Surface Water Classifications for waters found on or
downstream from the Dixon Road Mitigation Bank.
Table 4
Soil series at the proposed Dixon Road Mitigation Bank.
Table 5
Mature tree species in the periphery of the Dixon Road Mitigation Bank.
Table 6
Federally listed threatened and endangered species in the Hackney, NC,
USGS Topographic Quadrangle.
Table 7
Summary of site preparation and planting activities.
Table 8
Character trees proposed for planting at the Dixon Road Riparian Buffer
and Nutrient Offset Mitigation Bank.
Table 9-A&B
Summary of projected mitigation credits generated by the Dixon Road Bank.
List of Figures
Figure
Number
Figure Caption
Figure 1
Tar -Pamlico River Basin indicating the location of the Dixon Road Bank within
HUC 03020104.
Figure 2
Dixon Road Bank location within HUC 03020104
Figure 3
Regional aerial image depicting the location of the proposed Bank
Figure 4
Tracts 1 and 2 of the Dixon Road Mitigation Bank
Figures 5-A
and 5-B
Credit Determination Map for the proposed Dixon Road Riparian Buffer and
Nutrient Offset Mitigation Bank.
Figure 6
USGS Hackney, NC 7.5' Quadrangle 2013.
Figure 7
USGS Hackney, NC 7.5' Quadrangle excerpt.
Figure 8
Mapped soil series at the proposed Dixon Road Mitigation Bank
Figure 9
1 Flood Map for the Dixon Road Bank
Figure 10
Approximate locations of 0.0247 -acre monitoring plots
Figure 11
Approximate conservation easement boundary
List of Appendices
Appendix
Number
Appendix Topic
Appendix 1
NC-DWR Stream Determination Report
Appendix 2
NC-DWR Site Viability Report
Appendix 3
Request for inclusion of Ditches 3 and 5 at the proposed GES, Dixon Road
Bank as eligible for riparian buffer mitigation.
Appendix 4
Photographs of existing vegetation at the periphery and within the Bank.
Appendix 5
Environmental Data Resources, Inc, Executive Summary
Appendix 6
Draft Conservation Easement for the Dixon Road Mitigation Bank
1.0 Introduction
Greene Environmental Services, LLC (GES) proposes the establishment of a riparian buffer and
nutrient offset mitigation bank in Beaufort County, NC under the terms and conditions of the
GES Dixon Road Mitigation Banking Instrument (MBI). The proposed bank, the Dixon Road
Riparian Buffer and Nutrient Offset Mitigation Bank (Bank) will be located in the Tar — Pamlico
River Basin, Pamlico Sub -Basin (HUC: 03020104) (Figures I and 2). Streams within the Bank
discharge via tributaries to Chocowinity Creek, then to the Pamlico River Estuary at
Chocowinity Bay (Figure 3).
This document, the Bank Parcel Development Package (BPDP) provides justification for the
proposed Bank and details site conditions, Bank establishment plans, site monitoring and
maintenance programs and mitigation credit potentials. This BPDP is submitted to the North
Carolina Department of Environmental Quality, Division of Water Resources (NC-DWR) for
review. If approved, the Bank will be established according to specifications provided in this
document. After the Bank is constructed, any adjustments to or deviations from the BPDP will
be provided in a post -establishment "As -Built Report", also submitted to the NC-DWR.
The regulatory purpose of the proposed Bank is to provide riparian buffer and nutrient offset
credits for new and existing development in the 8 -digit Hydrologic Unit Code (HUC)
03020104 of the Tar -Pamlico River Basin requiring riparian buffer and/or nutrient offset
mitigation in accordance with 15A NCAC 02B .0295 and the corresponding Mitigation
Banking Instrument (MBI). The Bank will also improve water quality within the Tar -
Pamlico River Basin by reducing nutrient and sediment inputs into the watershed. Land -use
within the vicinity of the proposed Bank is primarily agricultural and silvicultural usage, and
to a lesser extent, low density urban and rural development. Land use within the Bank parcel
has historically been row crop agriculture. There are two unnamed streams and two field
ditches on the parcel containing the proposed Bank (Figures 4, 5-A, and 5-B). Establishing a
native riparian forested community adjacent to all or portions of these waterways by planting
saplings of native trees species and allowing natural vegetative succession to proceed in
perpetuity will reduce nutrient and sediment loading into those waterways. The proposed
4
Bank will be established pursuant to the Mitigation Banking Instrument (MBI) developed for
the Bank and submitted to NC-DWR.
1.1 Bank Location
The proposed Bank is located in western Beaufort County, NC (Figure 3). The street address is
883 Dixon Road (SR 1138), Chocowinity, NC, 27817. The midpoint of the 22.49 -acre property
(Figure 4) parcel is approximately 35°04'33.23" N x 77°27'29.11" W; elevation ranges from
approximately 27ft to 35ft above mean sea level. Access to the proposed Bank parcel is via NC
33 south from Chocowinity approximately 4 miles to Dixon Road then west on Dixon Road
approximately 0.8 miles. The parcel is on the south side of Dixon Road.
1.2 Bank Parcel Overview
The proposed Bank will consist of two tracts, each associated with drainages to Chocowinity
Creek (Figure 4). Tract 1 is approximately 7.6 acres and Tract 2 is approximately 9.0 acres. In
total, the Bank will be an estimated 16.6 acres; this areal coverage will be refined pending
approval of this BPDP document and a boundary survey. A more detailed description of the Bank
follows in Section 1.2.2.
1.2.1 Site Viability and Stream Determination Reports
Prior to the submission of this BPDP document, an on-site, Stream Determination assessment
(Appendix 1) and Site Viability assessment (Appendix 2) for the proposed Dixon Road Bank
were conducted by NC Division of Water Resources personnel (Katie Merritt and Chris Pullinger)
on March 8, 2018. The reports determined that Features 1 and 2 (hereafter referred to as Streams 1
and 2) were streams and thus eligible for riparian restoration to generate riparian buffer credits.
Features 3, 4, and 5 (hereafter referred to as Ditches 3, 4 and 5) were determined to be ditches and
thus eligible for riparian restoration to generate nutrient offsets. However, the Site Assessment
report indicated that two waterway features Ditches 3 and 5 (Figures 5-A and 5-13) may be
eligible for riparian buffer mitigation if the following criteria are met as per 15A NCAC 02B
.0295 (Buffer Rules):
5
15A NCAC 0213 .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION
AND MAINTENANCE OF RIPARIAN BUFFERS,
Subsection: (o): Alternative Buffer Mitigation Options, Restoration and
Enhancement of Ditches, (8) Restoration and Enhancement on Ditches.
For purposes of riparian buffer mitigation as described in this Part, a "ditch" is
defined as a man-made channel other than a modified natural stream that was
constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of
the following criteria:
1.2.1.1 be directly connected with and draining towards an intermittent or
perennial stream;
1.2.1.2 be contiguous with the rest of the mitigation site protected under a
perpetual conservation easement;
1.2.1.3 stormwater runoff from overland flow shall drain towards the ditch;
1.2.1.4 be between one and three feet in depth; and
1.2.1.5 the entire length of the ditch shall have been in place prior to the effective
date of the applicable buffer rule.
The width of the restored or enhanced area shall not be less than 30 feet and shall
not exceed 50 feet for crediting purposes. The applicant or mitigation provider shall
provide a delineation of the watershed draining to the ditch. The watershed draining
to the ditch shall be at least four times larger than the restored or enhanced area
along the ditch. The perpetual conservation easement shall include the ditch and the
confluence of the ditch with the intermittent or perennial stream, and provide
language that prohibits future maintenance of the ditch. The proposal shall meet all
applicable requirements of Paragraph (n) of this Rule for restoration or
enhancement.
GES proposes that, upon approval by NC-DWR, a 50 -foot buffer on the west side of Ditch 3
and a 50 -foot buffer on the east side of Ditch 3 will be eligible for riparian buffer mitigation
credits. Similarly, a 50 -foot riparian buffer on the west side of Ditch 5 will be eligible for
riparian buffer credits based on Subsection: (o): Alternative Buffer Mitigation Options,
Restoration and Enhancement of Ditches, (8) Restoration and Enhancement on Ditches of the
Buffer Rules, cited above. Documentation addressing the ditch alternative criteria is included in
Appendix 3.
11
1.2.2 Bank Description
The proposed Dixon Road Bank will consist of two tracts, each with acreage designated for
riparian buffer credits and nutrient offset credits (Figures 4 and 5-A). Tract 1 consists of Stream
1 with no tributary streams or ditches present. Stream 1 flows off the Bank parcel toward the
northwest to Joe Branch and then to Chocowinity Creek. Tract 2 consists of Stream 2 with three
tributary ditches (Ditches 3, 4 and 5). Stream 2 flows in a generally northeastward direction off
the property to Chocowinity Creek. Ditch 3 flows from south to north into Stream 2 and Ditch 5
flows from north to south into Stream 2. Ditch 4 likely has a bi-directional flow pattern with the
western portion of Ditch 4 flowing into Stream 2 but the eastern portion flowing east and then
north joining Stream 2 at the eastern boundary of the Bank property. The Ditch 4 offset will not
be included in the Bank acreage calculation and the western section of the ditch will be filled
with soil to ensure it does not discharge to Stream 2, pending approval of Ditch 3 for riparian
buffer credits.
Within the property boundaries, in Tract 1, riparian restoration activities designated for riparian
buffer credits along Stream 1 will extend from the top of the stream bank landward a maximum
of 100 feet on each side of the of the stream and paralleling the contour of the stream (Figures 5-
A and 5-B). The riparian restoration activities from this 100 -foot parallel line outward to a
maximum of 200 feet will be designated for nutrient offset credits. Any portions of the proposed
Bank area with existing trees will be excluded. Similarly, in Tract 2, riparian restoration
activities along Stream 2 within 100 feet of the stream will be designated for riparian buffer
credits and from 100 feet to a maximum of 200 feet (but not overlapping with Tract 1) will be
designated for nutrient offset credits.
The designation of acreage adjacent to Ditches 3 and 5 are expected to provide riparian buffer
credits within the first 50 feet landward from the tops of ditch banks and nutrient offsets 51 feet
to a maximum of 200 feet landward from the tops of ditch banks (Figures 5-A and 5-B). Each
side of Ditch 3 will be planted as part of the riparian restoration activities; only the western side
of Ditch 5 will be planted since the eastern side is already forested with a mature mixed pine and
hardwood forest. Table 1 provides an estimate of the acreage and square footage of mitigation
7
credits for the Bank tracts.
Table 1. Approximate areal coverage of the Bank tracts. A boundary survey will be conducted to
determine the actual acreage; this survey will be included in the Bank post -construction As -Built
report. (See Tables 9-A and 9-B) for a more detailed description of project components.) (See
Figures 4 and 5-A).
Waterway
Riparian Buffer Acres Nutrient Offset Acres
Tract 1: Stream 1
3.8
3.8
Tract 2: Stream 2
2.9
2.4
Tract 2: Ditch 3
1.2
0.9
Tract 2: Ditch 5
0.4
1.2
Totals
8.3
8.3
Total acreage in Bank: 16.6 acres
1.2.3 Water Quality Assessments and Stream Classifications
The Tar -Pamlico River Basinwide Water Quality Management Plan 2010, Water Quality
Overview for the Pamlico River Subbasin (HUC 03020104) is as follows:
"Water quality in this subbasin is primarily impacted by nutrient loading and resulting
chlorophyll -a impairment in the estuary. The current chlorophyll -a impairment extends from just
below Washington in the Pamlico River to Saint Claire Creek, similar to the 1994 conditions.
NC-DWR also recently began assessing for metal toxicity, resulting in several new impairments
because of copper levels."
(https:Hfiles.nc.gov/ncdeq/Water%20Quality/PlanningBPU/BPU/Tar Pamlico/Tar%20Pam%20PIans/2010%20P1a
n/TarPamlicoBasinP1an2010noappendices.pdfl
H.
Table 3. North Carolina Surface Water Classifications for waters found on or downstream from
the Dixon Road Mitigation Bank (https:Hdeq.nc.gov/about/divisions/water-resources/planning/classification-
standards/clas sifications#DW RPrimaryClas sification).
Surface
Classification
Definition
Water
Category
Classification
C
Primary
Waters protected for uses such as secondary recreation, fishing, wildlife,
fish consumption, aquatic life including propagation, survival and
maintenance of biological integrity, and agriculture. Secondary recreation
includes wading, boating, and other uses involving human body contact
with water where such activities take place in an infrequent, unorganized,
or incidental manner.
SB
Primary
Tidal salt waters protected for all SC uses in addition to primary
recreation. Primary recreational activities include swimming, skin diving,
water skiing, and similar uses involving human body contact with water
where such activities take place in an organized manner or on a frequent
basis.
SC
Primary
All tidal salt waters protected for secondary recreation such as fishing,
boating, and other activities involving minimal skin contact; fish and
noncommercial shellfish consumption; aquatic life propagation and
survival; and wildlife.
NSW —
Supplemental
Supplemental classification intended for waters needing additional
Nutrient
nutrient management due to being subject to excessive growth of
Sensitive
microscopic or macroscopic vegetation.
Waters
Sw — Swamp
Supplemental
Supplemental classification intended to recognize those waters which
have low velocities and other natural characteristics which are different
from adjacent streams.
1.2.4 Boundary Survey
A licensed surveyor will be contracted to conduct a boundary survey. The survey will follow
standards and practices provided in North Carolina G.S 47-30, Mapping Requirements for
Recordable Maps (http://www.ncbels.org/rules/GS47-30compiledwithSL2017-27HB454rev7-1-
2017.pdf). On-site, monumented boundaries will be established identifying the Bank footprint
and conservation easement boundaries. A survey plat will be generated that will include
pertinent physical features (i.e., stream and ditches, adjacent roadways) as well as easement
boundaries from the tops of stream and ditch banks landward to the50- foot and 100 -foot
riparian buffer boundaries and 200 -foot nutrient offset boundaries, or less as site conditions
allow. The boundary survey will be used to determine restoration credits exclusive of the widths
of streams and ditches; the boundary survey will, however, include those stream and ditch
widths within all maps and figures depicting conservation easement boundaries. The boundary
survey will be included as a component of post -construction As -Built document and submitted
to NC-DWR.
10
2.0 Project Area — Existing Conditions
The proposed Bank is located in the central coastal plain of eastern North Carolina. The
landscape in the vicinity of the Bank is largely rural with the uplands in agricultural and
silvicultural land uses and limited rural housing development. The uplands are dissected with
numerous creeks and swamps; the largest being Chocowinity Creek and its associated swamps.
Prior to European settlement and subsequent conversion to agricultural and forestry production
the dominant plant communities were likely Mesic, Mixed Hardwood Forests (Coastal Plain
Subtype) and Coastal Plain Small Stream Swamp (Blackwater Subtype) based on the North
Carolina Natural Heritage Program natural communities classification system developed by
Shafale and Weakley (1990). The abundance of small creeks and swamps and the relatively
small interstream flats likely inhibited frequent fire return intervals and the development of fire -
dependent plant communities that were common in other portions of the coastal plain. The
earliest USGS topographic map indicating land use (agricultural and forest) in the immediate
vicinity of the Bank site was 1951; these conditions are essentially unchanged for the past six
decades. The earliest topographic map indicating the present-day location of Dixon Road is
1902. Photographs of the Bank site in March and August 2018 are provided in Appendix 4. A
site visit in January 2019 indicated that there were no alterations of site conditions since those
photographs were taken and that the site was left out of cultivation during the 2018 growing
season and colonized by annual grass and herbaceous vegetation.
11
2.1 Physiography
The proposed Bank parcel is located within the Inner Coastal Plain Physiographic Province,
within the Rolling Coastal Plain Ecoregion (online at:
http://pages.pomona.edu/—wsteinmetz/IDI/nc_eco_pg.pdf). Based upon review of the United
States Geological Survey (USGS), Hackney, North Carolina Quadrangle, the proposed Bank is
located in the Chocowinity Creek watershed with elevations ranging from 26 feet to 34 feet
above mean sea level (Figures 5 and 6).
Topographic relief and surface drainage is generally northward. Stream 1 originates from a seep
approximately 10 m to 20 m south of the property and flows northwest where it exits the
property then discharges to Joe Branch approximately 275 m to the northwest (Figures 4 and 5-
A). Joe Branch discharges to Chocowinity Creek at approximately 1 km which in turn
discharges to Chocowinity Bay, off the Pamlico River Estuary, approximately 7 km northward.
Stream 2 originates on the Bank parcel, receiving surface waters from on-site drainage ditches
and flows in a northeastern direction off the parcel where it discharges less than 1 km to
Chocowinity Creek, which in turn discharges to Chocowinity Bay 8 km downstream.
2.2 Geologic and Soil Characteristics
The dominant mapped soil series at the proposed Bank is Craven fine sandy loam (CrB). Craven
clay loam (CsC2) and Lenoir loam (Le) are also mapped within the footprint of the Bank (Table
4 and Figure 8). All of soil series exhibit slow permeability. The Leaf series has poor drainage,
the two Craven series are moderately well -drained (http://co.beaufort.nc.us/departments/community-
services/planning/gis-land-records). Regionally, these soils are most commonly used for agriculture
(improved with drainage ditches), pasture and forest; all soils within the proposed Bank were in
agricultural production prior to the 2018 growing season. The Leaf series has a woodland
suitability group designation of 2w9, thus suitable for the broad -leafed species: sweetgum,
yellow poplar, cottonwood, willow oak, water oak, Shumard oak, swamp chestnut oak,
cherrybark oak, green ash, sycamore, water tupelo and swamp tupelo; and the needle -leaf
species: loblolly, slash and longleaf pines and bald cypress. The two Craven series have a
12
woodland suitability group designation of 3w2, thus best suited for pine production (loblolly,
slash and longleaf pine). While the Soil Survey does not list preferred broad-leaved tree species
for the Craven series, most of the same species listed for the Craven series should be suitable.
Table 4. Soil series at the proposed Dixon Road Mitigation Bank; from the Beaufort County, NC,
GIS / Land Records website (http://co.beaufort.nc.us/departments/community-services/planning/gis-land-
records).
Soil Series
Soil
Soil Description
Symbol
Craven clay
CsC2
Dominant in northern portion of tract; 4-12% slope, slow
loam
ermeabilit . Woodland suitability group: 3w2.
Craven fine
CrB
Dominant in middle portion of tract; 1-2% slope, slow permeability.
sandy loam
I Woodland suitability group: 3w2.
Leaf silt
Le
Dominant in southern portion of tract; poorly drained, slow
loam
permeability. Woodland suitability group: 2w9
13
2.3 Existing Vegetative Communities
The existing vegetation in the periphery of the proposed Bank is dominated by thirteen tree
species; all are native to the region (Table 5). The most common species are sweetgum,
loblolly pine, willow oak water oak and red maple. Seedlings produced by these species will
likely be natural colonizers thus will not be planted as part of forest restoration within the
Bank, unless explicitly requested by GES and approved NC-DWR. Understory, vine and shrub
species in the vicinity include: wax myrtle (Myrica cerifera), American holly (Ilex opaca),
blueberry species (Vaccinium spp.), giant cane (Arundinaria gigantea), grape species (Vitis
spp.) and catbriar species (Smilax spp.). Representative photographs of forest vegetation along
the eastern, southern and western boundaries of the project site are provided in Appendix 4; the
northern boundary was the Dixon Road right of way and was not forested.
Table 5. Mature tree species in the periphery of the Dixon Road Mitigation Bank.
Species
Common Name
Location*
Acer rubrum
Red maple
SW, NE, SE
Diospyros virginiana
Persimmon
SE
Carya sp.
Hickory
NE
Liquidambar stryciflua
Sweetgum
NW, SW, NE, SE
Nyssa sylvatica
Black gum
NW, SW
Pinus taeda
Loblolly pine
NW, SW, NE, SE
Prunus serotina
Black cherry
NW, NE
Quercus alba
White oak
SW
Quercus nigra
Water oak
SW, NE, SE
Quercus phellos
Willow oak
NW, SW, NE, SE
Quercus rubra
Red oak
NW, NE
Quercus stellata
Post oak
SW
Ulmus americana
American elm
NE
*NW= Western (downstream) end of Stream 1, SW = Southern (upstream) end of Stream 1, NE = Eastern
(downstream) end of Stream 2 and Ditch 5, SE = Southern (upstream) end of Ditch 3.
14
During 2017, the acreage within the proposed Bank was cropped with soybeans. Given the soils
and location of the site, row crops (soybeans and corn) have likely been planted historically. The
site was not cropped for the 2018 growing season and subsequently colonized by a mix of native
and non-native grasses and forbs. During the 2018 growing season, the dominant species that had
colonized the site was foxtail grass (Setaria sp.) and sicklepod (Senna obtusifolia) (Appendix 4).
Also on site were dogfennel (Eupatorium capillifolium), marestail (Erigeron canadensis), horse -
nettle (Solanum carolinense), blackberry (Rubus sp.) and sedges (Cyperus spp.)
2.4.0 Potential Constraints on Bank Establishment
An agricultural field drainage tile was identified in Tract 1 during the NC-DWR Site
Assessment in March 2018. This drainage tile discharged to Stream 1 and its location is
identified in Figure 5-A. The tile will be removed during the riparian restoration activities. In
addition, a drainage culvert in Stream 1 and a culvert in Ditch 3 will be removed to ensure that
hydrologic connectivity is not impeded in these waterways. Pending approval of Ditch 3 for
riparian buffer mitigation credits (Appendix 3), the western portion of Ditch 4 will be filled
with soil to ensure that the proposed riparian buffer is not bisected. There are no other known
site or situation constraints that would preclude the establishment and long-term maintenance of
the proposed Bank. To ensure that Ditches 3 and 5 are in compliance with site requirements for
riparian buffers on ditches as stipulated in Appendix 3, Greene Environmental Services, LLC
will acquire any portions of ditches not already owned by GES through fee simple title or
easement transfer.
15
2.4.1 Threatened and Endangered Species
The North Carolina Natural Heritage Program (NCNHP) maintains a database that includes state
and federally listed species by USGS, 1:24,000 Topographic Quadrangle (NC -NHP:
http://www.nenhp.org/web/nhp). The proposed Bank is located near the north -center of the
Hackney, NC, USGS Quadrangle and the Bank is situated greater than four kilometers from the
next nearest quadrangle (Figure 6). For this document, only federally listed, Threatened and
Endangered Species are required to be listed.
There are four federally listed endangered species and one federally listed threatened species for
the Hackney, NC quadrangle (Table 6). The northeastern portion of the quadrangle includes
Chocowinity Bay, a low salinity embayment on the southern side of the Pamlico River Estuary;
the majority of the quadrangle is upland in managed forest and cropland usage dissected by small
streams and floodplains. The endangered and threatened species listed are most likely to be found
in Chocowinity Bay and its associated shoreline swamps. Two of the endangered species are
species of anadramous sturgeon (shortnose and Atlantic sturgeon) that required deep water
habitats; such habitat does not exist at the Dixon Road Bank. Similarly requiring deep water
habitats are West Indian manatees that are listed as endangered for the Hackney quadrangle but
suitable habitat does exist at the Bank. The endangered herbaceous plant species, rough -leaf loose
strife is listed for the quadrangle but is a species found in ecotones between longleaf pine
savannas and pond pine pocosin; this habitat is not found at the Bank. American alligator is listed
as a threatened species for the Hackney quadrangle but the existing agricultural land use at the
Bank site is not compatible with alligator habitat; once the Bank is reforested there may
potentially be suitable habitat though unlikely due to the limited size of the stream floodplains.
Though no longer endangered or threatened, the bald eagle (Haliaeetus leucocephalus) is
given special protection by the Bald and Golden Eagle Protection Act (1940); this status for
the bald eagle is listed for the Hackney Quadrangle but habitat at the Bank parcel is not
suitable for this species; once the planted and colonizing trees mature, eagle nesting habitat
may be available.
16
Table 6. Federally listed threatened and endangered species in the Hackney, NC, USGS
Topographic Quadrangle. Also included in table are species otherwise noted as federally listed
for the quadrangle (NC Natural Heritage Program).
Taxonomic
Scientific Name
Common
Federal Status
Topo Map
Group
Name
Status
Freshwater fish
Acipenser
Shortnose
E - Endangered
Historic
brevirostrum
sturgeon
Freshwater fish
Acipenser oxyrinchus
Atlantic
E - Endangered
Current
Oxyrinchus
sturgeon
Reptile
Alligator
American
T (S/A)* - Threatened
Current
mississippiensis
alligator
Vascular plant
Lysimachia
Rough -leaf
E - Endangered
Historical
Asperulifolia
loosestrife
Mammal
Trichechus manatus
West Indian
E - Endangered
Current
manatee
*The threatened due to similarity of appearance. A species that is threatened due to similarity of appearance with
another listed species and is listed for its protection. Species listed as T(S/A) are not biologically endangered or
threatened and are not subject to Section 7 consultation (Section 7 of the Endangered Species Act requires that
federal agencies develop a conservation plan for the species).
2.4.2 Cultural Resources
An online review of historic sites mapped on the North Carolina Historic Preservation Office
website (http://gis.ncdcr.gov/hpoweb/) did not reveal any historic sites on the Bank parcel.
Similarly, site visits to the Bank parcel did not reveal any existing structures or remains of
structures on site. There were three historic sites mapped that are less than one mile (but all
greater than 4000 feet away) from the Bank parcel: the William C. Ecklin House (c.1840,
HPO ID: BF1806), the Redden Warren House (c.1900, HPO ID: BF1658), and the Isaac
Edwards Farm (c.1900, HPO ID: BF1663). The construction, establishment and maintenance
of the Bank will likely have no impacts on these historic properties, nor will the continued
preservation of these sites impose any constraints on the construction, establishment and
maintenance of the Bank.
17
2.4.3 Flood Potential
A search of the Beaufort County, GIS / Land Records website for flooding hazard potential
indicated that the entire Dixon Road Bank parcel was outside of any flood hazard zone
(https:Hco.beaufort.nc.us/departments/community-services/planning/gis-land-records). Thus,
no known flood hazard exists for the Bank tracts (Figure 9).
2.4.4 Infrastructure
There are no known underground sewer lines, natural gas pipelines, above or below -ground
electric lines or their rights -of -ways, county drainage district easements, or existing or planned
within the proposed Bank tracts, (Jamie Heath, Mid -East Commission Planner, Washington, NC,
personal communication, 06 August 2018). There are no known buried tanks, landfills, or illegal
dumps within the proposed Bank tracts (Appendix 5).
The 2014 Beaufort County Comprehensive Transportation Plan developed by the NC
Department of Transportation, Transportation Planning Branch, vehicle use capacity per day
(vpd) for Dixon Roads was 14,800 vpd; the proposed capacity for the year 2040 did not change
(https:Hconnect.ncdot.gov/projects/planning/TPBCTP/Beaufort%20County/BeaufortCTPReport.pdf). This
capacity does not reflect an apparent much lower actual usage however. The NCDOT report does
not indicated any planned road widening or relocation for Dixon Road or any new road
construction in the vicinity of the propose Bank; this was corroborated by Mid -East Commission
Planner, J. Heath. The proposed Bank will not be established within the 30 -foot (from road
centerline) road right-of-way.
18
3.0 Proposed Riparian Restoration Plan
In an effort to improve water quality in the Tar River and subsequently downstream in the
Pamlico River and Pamlico Sound estuaries, the NC Department of Environmental Quality
classified the entire Tar -Pamlico River Basin as Nutrient Sensitive Waters (NSW) in the NC
DEQ 2010 Tar- Pamlico River Basinwide Plan (online at: https:Hdeq.nc.gov/about/divisions/water-
resources/planning/basin-planning/water-resource-plans/tar-pamlico-2010). As such, various nutrient
management strategies have been implemented to reduce nitrogen and phosphorus loading in
waters within the basin. One key strategy is to promote the establishment of vegetated
riparian areas along natural and man-made water conveyances (ditches, canals, streams) that
are within or adjacent to lands in agricultural production. Vegetated riparian areas reduce
nutrient in several ways. Permanent vegetated riparian areas remove lands from agricultural
production thus those lands do not receive direct application of fertilizer (chiefly nitrogen,
phosphorus and potassium) and reduce soil erosion thereby reducing the nutrients (principally
phosphorous) that are affixed to sediments. In addition, forested riparian areas separate
agricultural lands from waterways, and with deep-rooted trees and stable soils, intercept,
uptake and sequester nutrients found in groundwater and surfaces waters emanating from
those agricultural lands (Spruill 2004, Klapproth and Johnson 2009, NC Conservation
Network 2016).
A goal of the proposed Bank is to convert existing agriculture land adjacent to the streams
and ditches into a riparian restoration site. This entails establishing and preserving, through
conservation easement, a 200 -foot wide vegetated riparian zone adjacent to qualifying
streams and ditches in the Bank project area. Once established, the vegetation in this zone
will consist of planted native tree species and, through natural succession, colonizing
herbaceous, shrub and tree species.
19
3.1 Site Preparation and Sapling Planting at the Bank Parcel
Prior to planting the site will be prepared by mowing the existing vegetation (Table 7). Prior to
planting the soil surface of the Bank tracts will be disked and groomed. Any drainage tiles
discharging to the streams or ditches will be removed such that the drainage discharge is
decoupled from the stream. Culverts on Streams 1 and Ditch 3 will be removed to help ensure
that water flow in the streams is not impeded. Planting furrows will be plowed in rows
generally paralleling streams and ditches to facilitate planting and create a microtopography
that reduces surface water runoff and erosion and promotes surface water retention. An
appropriate riparian seed mix will be applied to provide temporary ground cover for soil
stabilization and reduction of sediment loss during rain events in areas disturbed by the disking.
It should be noted that due to excessive rainfall during 2018 and saturated or ponded soil
surfaces, site preparation activities requiring tractors or similar equipment may be limited.
Table 7. Summary of site preparation and planting activities.
Activity
Projected Dates
Description
Boundary
March — May
Mark outer boundaries of the Bank tracts.
Marking
2019
Removal of
March — May
Any sub -surface drain tiles evident on-site will be
drainage tiles
2019
excavated and culvert will be removed. Filling a
and culverts,
portion of Ditch 4 with local soil.
filling Ditch 4
Disking*
March — May
Disk Bank tracts leaving a groomed surface.
2019
Planting
March — May
Furrow planting lanes parallel to adjacent water
furrows*
2019
courses at 12 -foot spacings.
Plant saplings
March — May
Manual planting of saplings.
2019
Sow grasses
March — May
Required cover crop. (may be able to plant winter
2019
cover crop earlier)
*Dependent upon soils saturation at the time the activity is planned.
20
The Bank will be planted with a mix of "character tree" species during March - May of 2019
with bare -root saplings. "Character trees" are defined as planted or volunteer species
identified from a survey of local vegetation on less degraded sections of the specified stream
and from reference literature that details native species. Saplings of character tree species
will be purchased from the North Carolina Forest Service, Claridge Nursery in Goldsboro,
NC. The character tree species chosen will be based on their suitability to site and soil
conditions as well as their availability. The species selected for planting and quantities that will
be planted to achieve target density are listed in Table 8.
Soil conditions range from moderately well -drained sandy and clay loams to poorly -drained
silt loams, all with low permeability. On-site conditions affecting the hydrologic properties of
the soils including topographic variation (slopes and flats), drainage ditches, stream
channelization, and vegetative cover and land use. Tree species will be planted according to
their adaptations to on-site soil and topographic conditions. River birch (Betula nigra) and
sugarberry (Celtis laevigata) will be planted along stream margins and in areas prone to
standing water on the more hydric soils. Sycamore (Platanus occidentalis), black walnut
(Juglans nigra), and swamp chestnut oak (Quercus michauxii) will be planted in mesic and
hydric soils. It should be noted that, based on drainage, all five of the species selected for
planting should perform well throughout the site.
The target density of planted trees at the end of the required five -years of monitoring is 260
trees per acre, in accordance with the MBI and 15A NCAC 02B .0295 (n)(2)(B). To achieve
this target density, tree saplings will be planted in rows generally paralleling streams and
ditches. The rows will be approximately twelve feet apart and the saplings will be planted at
intervals of approximately eleven feet resulting in a projected yield of 335 saplings per acre.
Planting at a density of 335 saplings per acre allows for a 22% sapling mortality. An estimated
5560 saplings will be planted on the approximately 16.6 -acre proposed Bank. Bareroot saplings
will be manually planted between March and May 2019. An "As -Built Report" will submitted
to NC-DWR after all site work is completed and it will include a summary of the planting
efforts and a finalized topographic survey indicating exact acreages within the Bank. Also, any
deviations in planting design or species composition from those elucidated in this document
21
will be explained and justified in the "As -Built Report".
Table 8. Character trees proposed for planting at the Dixon Road Riparian Buffer and Nutrient
Offset Mitigation Bank. Greene Environmental Services, LLC.
Scientific Name
Common Name
Targeted Soil
Conditions
Number Proposed
for Planting
Betula nigra
River birch
Mesic / Hydric
1340
Celtis laevigata
Sugarberry
Mesic / Hydric
950
Juglans nigra
Black walnut
Mesic
950
Platanus occidentalis
Sycamore
I Mesic
1370
Quercus michauxii
Swamp chestnut oak
I Mesic
950
Total
5560
22
4.0 Monitoring and Maintenance Plan
The Bank will be monitored annually for a minimum of five years, or until the NC-DWR success
criteria have been met. Supplemental planting or other site modification deemed necessary to
achieve success criteria will be documented in the annual monitoring report for that particular
year.
Vegetative success will be monitored within the restored nutrient offset riparian areas and a
monitoring report will be provided to NC-DWR no later than December 31 st for five years or
until success criteria have been met. The report will include vegetative plot summary (stem
counts, stem heights, and stems per acre estimates) monitored in accordance with the CVS-EEP
Protocol for Recording Vegetation (CVS-EEP, v. 4.2). Plots measuring 100 m2 (lOm x lOm)
(0.0247 acres) will be permanently established at the approximate locations identified on Figure
10. The exact locations of the plots will be indicated on the boundary survey that will be
included in the "As -Built Report" prepared after all planting and site work is completed.
Plots will be established in each of the two tracts based on the final acreage in accordance with
the MBI. A minimum of two percent of the Bank acreage is required to be in monitoring plots,
thus 0.33 acres of the approximately 16.6 -acre Bank. Fifteen 10m x 10m plots contains 0.35
acres, thus slightly more than the required monitoring plot acreage. Adjustments to the number
and location of the monitoring plots will be made pending the boundary survey to determine the
exact acreage of the Tracts and Bank. Expectedly, based on current acreage estimates, Tract 1
will contain seven monitoring plots designated DX -1 through DX -7, and Tract 2 will contain
eight monitoring plots designated DX -8 through DX -15, for a total of fifteen
monitoring plots (Figure 10). Plant species composition, survival rates, character species density
and tree height will be recorded within each plot, as well as general notes on problems
encountered or unique situational developments. In addition, any naturally colonizing saplings
greater than or equal to 0.5 in in height will be similarly recorded. Photographs of each plot from
the same plot corner (northwest corner) will be included in the annual monitoring reports to
provide NC-DWR with a snapshot of the site success each year. At the end of the five-year
monitoring period, a target density per acre of 260 planted trees is required with no more than 50
percent comprised of any one species. in accordance with the Tar -Pamlico Basin Buffer Rule:
15A NCAC 02B .095 (n)(2)(B). Monitoring will take place between late August and October of
23
each monitoring year. The first annual monitoring report will be submitted by December 31,
2019 and the projected final annual monitoring report, pending approval by NC-DWR, will be
submitted by December 2023. The easement boundary will be checked annually as part of
monitoring activities and the conditions as well as any maintenance performed will be reported
in the annual monitoring reports to NC-DWR.
Signage will be installed at prominent locations along access roads and paths, and tract
boundaries, to identify the Bank tracts as protected, conservation areas. The signs will be
maintained by Greene Environmental Services, LLC for the duration of the five-year monitoring
period. The signs will list prohibited activities within the Bank (e.g., mowing or cutting
vegetation, excavation or deposition of spoil material, vehicular traffic), as well as contact
information for Greene Environmental Services, LLC. Easement boundaries will be identified in
the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may
be identified by marker, bollard, post, tree blazing, or other means as allowed by site conditions
and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be
repaired and/or replaced on an as needed basis.
24
5.0 Long Term Maintenance and Protection
Upon the approval of this BPDP planning document and as part of the riparian buffer restoration
activities, a conservation easement will be placed on the Bank parcel. A draft of the conservation
easement for the Bank is provided in Appendix 6. The approximate boundary of the proposed
easement is depicted in Figure 11. Greene Environmental Services, LLC will be responsible for
Bank maintenance and monitoring to ensuring that the terms of a conservation easement are met
for five years, beginning in 2019 and ending in 2024, or until NC-DWR approves a final oversight
closeout. GES (Bank Sponsor) will transfer the conservation easement to a NC-DWR - approved
land trust or similar land management agency (Grantor). The Grantor will assume the
responsibilities of maintaining the conservation easement and the integrity of Bank boundaries
using posts, bollards, and signage identifying the Grantor as the responsible entity. The Grantor
will conduct annual sight visits to inspect the Bank parcel and maintain records to that effect.
6.0 Financial Assurance
Greene Environmental Services, LLC will provide a performance bond to ensure completion of
all mitigation work. The amount of the performance bond shall be sufficient to cover all costs
associated with establishing the site for its proposed mitigation. The amount of the performance
bond shall be sufficient to cover all costs associated with establishing the site for its proposed
mitigation, but shall not be less than $150,000. Upon approval of the "As -Built Report", Greene
Environmental Services, LLC will provide financial assurance in the form of a monitoring bond
to ensure that adequate funds are available for completion of the maintenance and monitoring
outlined in the BPDP, Section 4 and in the MBI.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period,
with confirmation of renewal provided to NC-DWR with each annual monitoring report when
applicable. NC-DWR reserves the right to alter the credit release schedule if monitoring reports
are submitted without proof of bond renewals when applicable.
25
7.0 Riparian Buffer and Nutrient Offset Mitigation Potential
The proposed Bank is located in Tar -Pamlico River, Pamlico Sub -basin, HUC 03020104
(Figures 1 and 2). Riparian buffer and nutrient offset mitigation credits will be available for
development activities requiring mitigation in this HUC only. The projected acreage of the
Bank totals 16.6 acres. Of that total, 8.3 acres is expected to generate Tar- Pamlico riparian
buffer credits and 8.3 acres is expected to generate nitrogen and phosphorus nutrient offset
credits; the exact acreage will likely differ pending a certified boundary survey that will be
conducted post -bank construction. The final, adjusted acreages, and riparian buffer and nutrient
offset yields will be submitted with the "As -Built Report". Riparian buffer credits are
generated on a per square foot basis.
Thus, 8.3 acres would yield 361,548 square feet of riparian buffer credits (Table 9-A). Nitrogen
(N) and phosphorus (P) credits are generated at a rate of 2,273.02 lbs-N/acre and 146.40 lbs-
P/acre, respectively. Thus, 8.3 acres of nutrient offset acreage would yield 18,866.07 pounds of
nitrogen (N) credits and 1,215.12 pounds of phosphorus (P) credits (Table 9-B). The Bank
Sponsor (GES) will maintain and keep updated, three credit ledgers; one ledger will be for
riparian buffer credits, one ledger for nitrogen nutrient offset credits and one ledger for
phosphorus nutrient offset credits.
For this site, all riparian areas proposed in Table 9-A for riparian restoration were determined by
NC-DWR to be in agriculture. Therefore, 8.3 acres of riparian buffer restoration credits shown
in Table 9-A, can be used for either Tar -Pamlico riparian buffer credits or nutrient offset credits,
but not both. The Sponsor (GES) must submit a written request and receive written approval
from NC-DWR prior to any credit conversions or transfers to the buffer and nutrient offset
credit ledgers.
26
Table 9-A. Summary of riparian buffer components and projected mitigation credits generated by the Dixon Road Bank (See Figures 5-A
and 5-B).
Riparian Area*
Credit Type
Mitigation
Total
Credit
Percent of
Credit Rate
Credit Yield
Type
Acreage
Ratio
Full Credit
(ft2/acre)
(ft)
Tract 1, Stream 1:
Riparian
Riparian
3.8
1:1
100%
43,560 ft2/acre
165,528 ft2
TOB -100ft
Buffer
Restoration
Tract 2, Stream 2:
Riparian
Riparian
2.9
1:1
100%
43,560 ft2 /acre
126,324 ft2
TOB- 100ft
Buffer
Restoration
Tract 2, Ditch 3:
Riparian
Riparian
1.2
1:1
100%
43,560 ft2 /acre
52,272 ft2
TOB -50ft
Buffer
Restoration
Tract 2: Ditch 5:
Riparian
Riparian
0.4
1:1
100%
43,560 ft2 /acre
17,424 ft2
TOB -50ft
Buffer
Restoration
Total
Riparian
Riparian
8.3
1:1
100%
43,560 ft2 /acre
361,548 ft2
Buffer
Restoration
*Riparian buffer areas extend landward to a maximum of 50 feet from ditch banks and 100 feet from stream banks, or the maximum distance as
constrained the Bank configuration and property boundaries.
Table 9-B. Summary of nutrient offset components and projected mitigation credits generated by the Dixon Road Bank (See Figures 5-A
and 5-B).
Riparian Area*
Credit Type
Mitigation
Total
Credit
Percent
Nitrogen Credit Yield
Phosphorus Credit Yield
Type
Acreage
Ratio
of Full
(2,273.02 lbs-N/acre)
(146.40 lbs-P/acre)
Credit
Tract 1, Stream 1:
Nutrient
Riparian
3.8
NA
100%
8,637.48 lbs -N
556.32 lbs -P
101 ft - 200ft
Offset
Restoration
Tract 2, Stream 2:
Nutrient
Riparian
2.4
NA
100%
5,455.25 lbs -N
351.36 lbs -P
101ft - 200ft
Offset
Restoration
Tract 2, Ditch 3:
Nutrient
Riparian
0.9
NA
100%
2,045.72 lbs -N
131.76 lbs -P
51 - 200ft
Offset
Restoration
Tract 2: Ditch 5:
Nutrient
Riparian
1.2
NA
100%
2,727.62 lbs -N
175.68 lbs -P
51 - 200ft
Offset
Restoration
Total
Nutrient
Riparian
8.3
NA
100%
18,866.07 lbs -N
1,215.121bs-P
Offset
Restoration
*Nutrient offset areas extend landward to a maximum of 200 feet from riparian buffer zones, or the maximum distance as constrained the Bank
configuration and property boundaries.
8.0 References
Klapproth, J.0 and J.E. Johnson. 2009. Understanding the Science Behind Riparian
Forest Buffers: Effects on Water Quality. Virginia Cooperative Extension online
publication: http://pubs.ext.vt.edu/420/420-151/420-151.html
Lee, M. T., Peet, R.K., Roberts, S. D., and Wentworth, T. R. 2008. CVS-EEP Protocol for
Recording Vegetation Level 1-2 Plot Sampling Only. Version4.2.
North Carolina Conservation Network. 2016. North Carolina's Riparian Buffers: A Scientific
Review. Online publication: http://www.ncconservationnetwork.org/
Shafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North
Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks
and Recreation, NC Department of Environment and Natural Resources, Raleigh, NC.
Spruill, T.B. 2004, Effectiveness of riparian buffers in controlling groundwater discharge of nitrate to
streams in selected hydrogeologic settings of the North Carolina Coastal Plain, Water
29
HUC:
03020104
lot
Tar -Pamlico River Basin in North
Carolina Dixon Road Bank
Figure 1. Tar -Pamlico River Basin indicating the location of the Dixon Road Bank within HUC 03020104.
Pamlico River Subbasin '
J
�1
0 08: 55000
,
Y,ti /rr DWQ Subbasin
03-03-07
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October 2010
8 -Digit HU{, 03020104
1� DWQ Subbasin
`, lk'hitcC rensT�ibmar}' �� 03-01-51
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4 09757250 09757540 1 �c
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087585 ..�r �pan':o RS,;es ,/
Belhaven 1 O
09 w6O 61 62000 009761 oa0
Figure 2. Dixon Road Bank location within HUC 03020104.
76i0976300E
O R -Di it HUC Boundan
g
'O Bath
75fl500 lie
Old DWQ Subbasin
a950o¢
soy f `�
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oa
DWQ Subbasin
- Minor
Cis
03-03-08
Use Support Rating
r r
Supporting
Not Rated
v-"jy,t�
Creek
l
ro
No Data
�S�st
3m
Impaired
rAuror
ImpaImpaired- Shellfish
oF,a
Copper Impairment
Monitoring Sites
a ,} Cres
b Ambient
Ambient Special Study
0 3 6 12
" Fish Community
Miles
oI Benthic
rantsboro
------------------
* Lake
Figure 2. Dixon Road Bank location within HUC 03020104.
x.
R
t4p '101 IL
f +
wisp
.. Chocowinity Bay
A IV
�. Yard r , •. ,, s � .
{�(p` fi
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r
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` 111 i
iii if #+
Pamlico
i River Estuary
Chocowinity Creek '
TO% %lift -
f
AMM
2016 Google' -
2.1mi Google Earth
6 +
Figure 4. Tracts 1 and 2 within the 22.49 -acre property parcel (Beaufort County GIS parcel # 46392) owned by Greene Environmental
Service, LLC. Acreage highlighted in yellow will be added pending approval of the BPDP.
Figure 5-A. Dixon Road Mitigation Bank credit determination map depicting approximate boundaries riparian buffer and nutrient
offset acreages, and associated streams and ditches. Red arrow indicates approximate location of drain tile and black arrows indicate
approximate locations of culverts; these structures will be removed during Bank site preparation. Streams and ditches are
approximately 8 feet wide between bank tops and these areas were not included in credit determinations. (See Tables 9-A and 9-B.)
Figure 5-B. Dixon Road Mitigation Bank credit determination map depicting approximate boundaries of riparian buffers and nutrient
offsets with arrows depicting the direction of the credit acreages from associated streams and ditches.
Hackney, NC USGS 7.5' Quadrangle 2013 F=F
1 0 miles 0.25 0.5 1.0 1.5
Figure 6. Hackney, NC USGS 7.7' Quadrangle 2013. The Dixon Road Bank is located within
the red square; an excerpt of the Bank location is in Figure 7.
1
yl
/
I
1
f
d
1
1
I
Hackney, NC USGS 7.5' Quadrangle 2013 F=F
1 0 miles 0.25 0.5 1.0 1.5
Figure 6. Hackney, NC USGS 7.7' Quadrangle 2013. The Dixon Road Bank is located within
the red square; an excerpt of the Bank location is in Figure 7.
Figure 7. USGS, Hackney, NC 7.5' Quadrangle, excerpt. The proposed bank is within the red
polygon. Streams 1 and 2, and Ditches 3and 4 are depicted. Ditch 5 is not indicated on the USGS
Quadrangle. The blue line labelled as NA is not present as a waterway on the site based on field
observations.
jIr,
Cr8
%G
A J
Ly
Le
C5
Figure & Mapped soil series at the p opose Dixon Road Mitigation Sa k(re polygon); from the Se ofr County, 9C, GIS/Ea J
Records website (h#p:2c ¥e a or.n .0 % e acme RQommunit -servic Cp a ning /s!a d r c r /. Mapped soil series arb Craven
da loam (CSC2,Craven fine sandy loam (Cr ), and Ee£ silt loam (Le). Table 4 provides a ds&pion oft es soils.
fid:: N RD
4?
Figure 9. Flood Map for the Dixon Road Bank (red square). The entire Bank parcel lies outside of any flood zones (darker green and
pink areas) (Beaufort County, North Carolina GIS/Land Records, http://maps.agdmaps.com/nc/beaufort/).
Figure 10. Approximate locations of 0.0247-acre monitoring plots (blue squares) at the proposed Dixon Road Riparian Buffer and
Nutrient Offset Mitigation Bank. The monitoring plots will be 10 m x 10 m; the plots depicted are not to scale.
Figure 11. Approximate conservation easement boundaries and areas for the proposed 16.6 -acre Dixon Road Bank. The easement
boundaries are delineated in black; the easement areas are highlighted in yellow.
Appendix 1
Stream Determination Report for the Dixon Road Riparian Buffer
and Nutrient Offset Mitigation Bank
On-site Stream Origin Determination for Applicability to Tar -
Pamlico Buffer Rules (15A NCAC 02B .059)
Submitted by North Carolina Department of Environmental
Quality, Division of Water Resources
Dated: 08 June 2018
Submitted to Greene Environmental Services, LLC
t..a
Water Resources w
Environmental Quality
June 6, 2018
Ham Farms
ATTN: Mr. Bobby Ham
963 US HWY 258 South
Snow Hill, North Carolina 28580
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
18-0466
BEALIFORTCounty
Subject: On -Site Stream Origin Determination for Applicability to Tar -Pamlico Riparian Buffer Rules (15A NCAC 028 .0259)
Subject Property/ Project Name: Dixon Road Mitigation Bank
Address/Location: 883 Dixon Road, Chocowinity, NC; 0.25 miles W of intersection with Edwards Road (SR 1137)
Stream(s) Evaluated: 4 (2 - Chocowinity Creek and Connecting Canals, Class C; Sw, NSW; Stream Index H29-6-2-1-(1), Tar -Pamlico River Basin;
2—Joe Branch and Connecting Canals, Class C; NSW; Stream Index@ 29-6-2-1-5; Tar -Pamlico River Basin)
Determination Date: May 9, 2018
Staff: Chris Pullinger, Katie Merritt
Determination Type:
Buffer:
Stream:
❑ Neuse (15A NCAC 0213.0233)
❑ Intermittent/Perennial Determination
® Tar -Pamlico (15A NCAC 02B.0259)
Soil
Survey
❑ Catawba (15A NCAC 02B.0243)
18-0466 A (1)
❑ Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
18-0466 A Start
❑ Randleman (15A NCAC 0213.0250)
❑ Goose Creek (15A NCAC 02B.0605-.0608)
18-0466 B (3)
Stream
E/I/P*
Not
Subject
Subject
Start@
Stop@
Soil
Survey
USGS
Topo
18-0466 A (1)
1
X
18-0466 A Start
18-0466 A Finish
X
18-0466 B (3)
E/ditch
X
18-0466 B Start
18-0466 B Origin
X
18-0466 B (2)
1
X
18-0466 B Origin
18-0466 B Finish
X
18-0466 C (4)
ditch
X
18-0466 C Start
18-0466 B Origin
X
18-0466 D
(NA)
not on
ground
X
18-0466 D Start
18-0466 D End
X
18-0466 E
Ditch- not
on maps
X
18-0466 E Start
18-0466 E End
*E/1/P = Ephemeral/Intermittent/Perennial
The Division of Water Resources has determined that the streams listed above and included on the attached map
have been located on the most recent published NRCS Soil Survey of Beaufort County, North Carolina and/or the
most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Tar -
Pamlico Riparian Buffer Rule. Each stream that is checked "Not Subject' has been determined to not be at least
intermittent or not present on the property. Streams that are checked "Subject' 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.
-->"Nothing Compares? . _
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481
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 Karen Higgins
DWR-401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC27699-1617
If sending via delivery service (UPS, FedEx, etc.):
c% Karen Higgins
DWR-401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC27604
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. 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) 948-3922.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy
LASERFICHE
David Knowles, Greene Environmental Services, LLC (via e-mail: ocesdk@gmail.com)
Gary Beecher, USAGE, Washington Regulatory Office (via e-mail)
Katie Merritt, DWR Central Office
USGS, Hackney, NC 7.5' Quadrangle, excerpt. The proposed bank is within the red polygon.
Hydrologic Features 1-4 are depicted. Feature 5 is indicated on the site map but not on the USGS
Quadrangle. The blue line labelled as NA is not present as a waterway on the site based on field
observations.
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Appendix 2
Site Viability Report for the Dixon Road Riparian Buffer and
Nutrient Offset Mitigation Bank
Site Viability for Buffer Mitigation & Nutrient Offset — Dixon Road
Site Tar- Pamlico Basin — 03020104 HUC
Submitted by North Carolina Department of Environmental
Quality, Division of Water Resources
Dated: 15 June 2018
Submitted to Greene Environmental Services, LLC
Water Resources
ENVIRONMENTAL QUALITY
June 15, 2018
David Knowles
Greene Environmental Services, LLC
Ham Farm, 963 Hwy 258 S,
Snow Hill, NC 28580
(via electronic mail: ocesdk(a�gmail.com )
ROY COOPER
Golvrnol
MICHAEL S. REGAN
LINDA CULPEPPER
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Dixon Road Site
Tar -Pamlico River Basin — 03020104 HUC
883 Dixon Rd, Chocowinity, NC
Beaufort County
Dear Mr. Knowles,
On March 8, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Greene Environmental Services, LLC (GES) for a site visit near the above -
referenced site in the Tar -Pamlico River Basin. 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 "Dixon Road -Figure I". On May 9, 2018, Ms. Merritt
performed a site assessment of the subject site.
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to
200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective
November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
1Subiect
Riparian Land uses of
Buffer
2Nutrient
Mitigation Type Determination w/in riparian
in the field
to Buffer
Feature onsite
Offset
areas
ID
Credit
Rule
(0-200'1
Viable
Viable at
2,273.02
lbs acre
1
Stream
Yes
Row crop agriculture
Yes
Yes (fields
Forested areas — 3Preservation Site per 15A
(at DWR flag)
w/ forest at the edge of
only)
NCAC 02B .0295 (o)(5)
the easement
boundaries;
Fields = Restoration site per 15A NCAC 02B
.0295 (n)
Evidence of drain tiles
present; One culvert
Culvert must be removed or removed and drain
clogged and impeding
tiles removed to be viable for mitigation credit.
flow
2
Stream
Yes
Row crop agriculture
Yes
Yes (fields
Forested areas-3Preservation Site per 15A
(at DWRflag)
w/ partial forested
only)
NCAC 02B .0295 (o)(5)
areas along left bank
Fields = Restoration site per 15A NCAC 02B
.0295 (n)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Dixon Rd
GES
June 15, 2018
Feature
Classification
'Subiect
Riparian Land uses of
Buffer
Nutrient
Mitigation Type Determination w/in riparian
in the field
to Buffer
Feature onsite
areas
ID
Credit
Offset
Rule
0-200'
Viable
Viable at
2.273.02
lbs acre
3
Ditch
No
Row crop agriculture
*See Note
Yes (fields
Nutrient Offset - Restoration site per 15A NCAC
only)
0213 .0295 (n)
*Buffer Mitigation — Assessment concludes the
ditch meets 15A NCAC 0213 .0295 (o)(8) (A, B, C
& E). More information is needed for complete
assessment. See rule.
4
Ditch
No
Row crop agriculture
*See Note
Yes (fields
Nutrient Offset - Restoration site per 15A NCAC
(see map
only)
0213 .0295 (n)
for reach)
*Buffer Mitigation — Assessment concludes the
ditch meets 15A NCAC 02B.0295 (o)(8) (A, B, C
& Q. More information is needed for complete
assessment. See rule.
4
Ditch
No
Primarily row crop
*See Note
*See Note
*The direction of overland flow and in -stream
(upstream
agriculture with some
flow was not evaluated further upstream due to
of reach
maintained lawn
complex topography. Therefore, DWR will need
location
See map
See Map
to know details on the flow path of overland
to
for reach
for reach
flow and in -stream flow within the ditch to the
Edwards
location
location
stream to determine viability for nutrient offset
Rd)
and buffer mitigation
5
Ditch
No
maintained grass most
*See Note
Yes
Nutrient Offset - Restoration site per 15A NCAC
recently used as land
02B.0295(n)
application of biosolids,
used historically for
*Buffer Mitigation — Assessment concludes the
agriculture
ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, C
& E). More information is needed for complete
assessment. See rule.
'Subjectivity calls for the features were determined by DWR in correspondence dated June 6, 2018 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.
Z NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with
Riparian Buffer Establishment. Phosphorus may be calculated separately. A meeting held between DWR personnel on
October 17, 2017 resulted in approval to use this method on the subject property.
'The 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.
A map for reference is attached to this letter and was initialed by Ms. Merritt on June 14, 2018. This
letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for
this Site.
This letter does not constitute an approval of this site to generate mitigation 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 .0240, a proposal regarding a proposed nutrient
Page 213
Dixon Rd
GES
June 15, 2018
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. Any site constraints found on the
property must be presented to DWR for a full evaluation and final mitigation determination. 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.0240.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Aerial Map (Dixon Rd -Figure 1)
cc: DWR File Copy (Katie Merritt)
313
c
Q
/x
Appendix 3
Request for inclusion of Ditches 3 and 5 at the proposed GES, Dixon
Road Bank as eligible for riparian buffer mitigation.
Appendix 4
Request for inclusion of Ditches 3 and 5 at the proposed GES, Dixon Road Bank as eligible
for riparian buffer mitigation.
Greene Environmental Services, LLC is submitting the following information regarding the
proposed Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank near the community
of Chocowinity, NC in Beaufort County, in response to a Site Viability Assessment conducted
by the NC Division of Water Resources (Katie Merritt). A document from NC-DWR (Karen
Higgins) dated June 15, 2018 indicated that two ditches (Appendix 3 of the Dixon Road
Mitigation Bank, bank Parcel development Package - BPDP) may be eligible for riparian buffer
mitigation if the following cited Tar -Pamlico Buffer Rules criteria (Appendix 4, Table 1) were
met. The site assessment concluded that the two ditches met the 15A NCAC 02B .0295 (0)(8) A,
B, C &E criteria for stream designation (Appendix 4, Figure 1). GES proposes that criterion D is
met for Ditch 3 and in part for Ditch 5 as documented from field measurements presented in
(Appendix 4, Tables 2 and 3). All additional criteria are addressed in the text that follows.
Appendix 4, Table 1. Criteria in the Tar -Pamlico Buffer Rules pertinent to determining riparian
buffer eligibility for Ditches 3 and 5 at the mo -Dosed Dixon Road Mitiization Bank.
15A NCAC 0213 .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION
AND MAINTENANCE OF RIPARIAN BUFFERS,
Subsection: (o): Alternative Buffer Mitigation Options, Restoration and Enhancement
of Ditches, (8) Restoration and Enhancement on Ditches.
For purposes of riparian buffer mitigation as described in this Part, a "ditch" is defined
as a man-made channel other than a modified natural stream that was constructed for
drainage purposes. To be used for mitigation, a ditch shall meet all of the following
criteria:
(A) be directly connected with and draining towards an intermittent or perennial
stream;
(B) be contiguous with the rest of the mitigation site protected under a perpetual
conservation easement;
(C) stormwater runoff from overland flow shall drain towards the ditch;
(D) be between one and three feet in depth; and
(E) the entire length of the ditch shall have been in place prior to the effective date of
the applicable buffer rule.
The width of the restored or enhanced area shall not be less than 30 feet and shall not
exceed 50 feet for crediting purposes. The applicant or mitigation provider shall
provide a delineation of the watershed draining to the ditch. The watershed draining to
the ditch shall be at least four times larger than the restored or enhanced area along the
ditch. The perpetual conservation easement shall include the ditch and the confluence
of the ditch with the intermittent or perennial stream, and provide language that
prohibits future maintenance of the ditch. The proposal shall meet all applicable
requirements of Paragraph (n) of this Rule for restoration or enhancement.
Criteria for Restoration and Enhancement on Ditches:
A: be directly connected with and draining towards an intermittent or perennial stream;
As determined on-site by DWR, Ditch 3 is direct connected to and drains toward
Stream 2, and Ditch 5 is directly connected to and drains toward Stream 2
(Appendix 4, Figure 2).
B: be contiguous with the rest of the mitigation site protected under a perpetual
conservation easement
As determined on-site by DWR, the proposed riparian buffer zones associated
with Ditches 3 and S are contiguous with the Dixon Road Mitigation Bank.
C: stormwater runoff from overland flow shall drain towards the ditch
As determined on-site by DWR, stormwater runoff from overland flow drains
toward Ditches 3 and 5 from their associated riparian buffer zones.
D: be between one and three feet in depth
Ditch 3 is between I and 3 feet in depth along the entire length of the proposed
riparian buffer. (Appendix 4, Table 2)
Ditch 5 is between I and 3 feet in depth at 92 percent sample locations (Appendix
4, Table 3)
After receiving the Site Viability Assessment, David Knowles, a consultant for
GES, measured the depths of Features (Ditches) 3 and 5 using a surveyor's transit
rod emplaced on the ditch -banks of Features (Ditches) 3 and 5 at intervals of 50
feet, and measuring to the bottom of apparent ditch thalweg.
Feature (Ditch) 3 met the 1 ft to 3 ft criterion at all 17 locations measured; the
average depth was 26.6+2.7 inches. Feature (Ditch) 5 met the 1 ft to 3 ft criterion
at 11 of the 12 locations measured (thus 92% of the locations); the average depth
was 30.7+4.2 inches (Table 3).
E: the entire length of the ditch shall have been in place prior to the effective date of the
applicable buffer rule
Based on historic USGS topographic quadrangles, Ditches 3 and 5 were in place
in 1974 and before, thus at least 26 years prior to the effective date of the Tar -
Pamlico Buffer Rules (Appendix 4, Figure 3).
The width of the restored or enhanced area shall not be less than 30 feet and shall not
exceed 50 feet for crediting purposes.
The width of the area restored for riparian buffer credits will not exceed 50 feet
on either side of the ditches.
The applicant or mitigation provider shall provide a delineation of the watershed draining
to the ditch.
A map delineating the ditch watershed is provided in Appendix 4, Figure 4. The
watershed delineated on the map was based on field measurements obtain within
the proposed Bank parcel (Table 4). Beyond the parcel boundary, access was not
available, so elevation data was from satellite imagery provided in Google Earth
Pro (https://earth.google.com/download-earth.html) and watershed boundaries
were estimated.
The watershed draining to the ditch shall be at least four times larger than the restored or
enhanced area along the ditch.
Appendix 4, Table 4 and Figure 3 provides the dimensions of the ditch watershed.
The watershed for Ditch 3 is 10 times greater than the proposed restoration area.
The watershed for Ditch 5 is 7.8 times greater than the proposed restoration area.
The perpetual conservation easement shall include the ditch and the confluence of the
ditch with the intermittent or perennial stream, and provide language that prohibits future
maintenance of the ditch.
The Bank Parcel Development Package for the Dixon Road Bank stipulates that
the entire Bank will be placed in a permanent conservation easement that and
that future ditch maintenance will not be allowed.
The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for
restoration or enhancement.
The restoration criteria provided in Paragraph (n) of 15A NCAC 02B .0295
Mitigation Program requirements for Protection and Maintenance of Riparian
Buffers will be followed and specific criteria are addressed in this Dixon Road
Bank BPDP.
Appendix 4, Table 2. Depths (inches) measured in Feature 3 (Ditch) beginning at the
downstream end of the Feature at the confluence of Stream 2 and progressing upstream at
increments of 50 feet.
Location feet
Depth inches
Meets Criteria 1 ft -3 ft
0
28
Yes
30 downstream culvert
27
Yes
50 (upstream culvert
33
Yes
100
28
Yes
150
25
Yes
200
25
Yes
250
27
Yes
300
26
Yes
350
27
Yes
400
28
Yes
450
30
Yes
500
29
Yes
550
23
Yes
600
22
Yes
650
25
Yes
700
23
Yes
750
26
Yes
Average depth
26.6
100% of observations met criteria
Standard deviation
2.7
Maximum depth
33
Minimum depth
22
Number of observations
17
Appendix 4, Table 3. Depths (inches) measured in Feature 5 (Ditch) beginning at the
downstream end of the Feature at the confluence of Stream 2 and progressing upstream at
increments of 50 feet.
Location feet
Depth inches
Meets Criteria 1 ft -3 ft
0
30
Yes
50
28
Yes
100
25
Yes
150
29
Yes
200
36
Yes
250
35
Yes
300
38
No
350
31
Yes
400
34
Yes
450
29
Yes
500
25
Yes
520
28
Yes
Average depth
30.7
92% of observations met criteria
Standard deviation
4.2
Maximin depth
38
Minimum depth
25
Number of observations
12
Appendix 4, Table 4. Dimensions and areas of watersheds for Ditches 5 and 3. Dimensions
within the proposed Bank parcel were measured in the field; dimensions external top the Bank
were estimated from remotely sensed observations.
Location Along Ditch -bank
Downstream to Upstream
feet
Length of Transect
Perpendicular to Ditch-
bank feet
Decline in Elevation from
End of Transect to Ditch -
bank meters / feet
DITCH 5 (Transects runs eastward from approx. watershed boundary to ditch -bank.)
20
50
0.80 m / 0.26 ft
100
200
1.86 m / 6.10 ft
200
200
0.68 m / 2.23 ft
300
250
0.43 m / 1.41 ft
400
250
0.67 m / 2.20 ft
500
250
1.55 m / 0.92 ft
550
200
1.45 m / 0.33 ft
Within the proposed Bank, the watershed area (I 10000 ft2) is 4.0 times greater than the
riparian buffer area (27500 ft2.) The entire watershed of Ditch 5 is 4.94 acres, thus 7.8
times greater than the 0.63 -acre proposed riparian buffer.
DITCH 3 (Transects runs eastward from approx. watershed boundary to ditch -bank.)
0
200
1.16 m / 3.80 ft
100
225
0.98 m / 3.21 ft
200
250
0.58 m / 1.90 ft
300
250
0.30 m / 0.98 ft
400
150
0.14 m / 0.46 ft
500
50
0.02 m / 0.07 ft
600
100
0.04 m / 0.13 ft
650
100
0.06 m / 0.20 ft
700
50
0.07 m / 0.23 ft
DITCH 3 (Transects runs westward
from approx. watershed boundary to ditch -bank.)
0
100
0.10m/0.33ft
100
100
0.13 m / 0.43 ft
200
100
0.08 m / 0.30 ft
300
100
0.05 m / 0.16 ft
400
100
0.01 m / 0.03 ft
Within the proposed Bank, the watershed area (146960 ft2) is 2.8 times greater than the
riparian buffer area (55000 ft2.) The entire watershed of Ditch 3 is 12.56 acres, thus 10.0
times greater than the 1.26 -acre proposed riparian buffer.
Appendix 4, Figure 1. Proposed Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank with confluences of Ditches 3 and 5
with Stream 2 indicated.
Appendix 4, Figure 2. Photographs depicting the confluences of Ditches a and 5 with Stream 2.
!
f
i`- Ruins
�� aM
34 J�
,o
8.l
Ei � � Ditch 5 S
0 30 1
Ditch 3
4s
i!•
Edwar,is
�, • v : e T � -ate _
©M 36
y,
P
Appendix 4, Figure 3. Historic Imagery of the Dixon Road Bank, USGS 7.5' Hackney
Quadrangle, 1974.
Appendix 4, Figure 3. Approximate watershed boundaries of Ditches 3 and 5. Blue polygons represent the watersheds both within the
Bank parcel and on adjacent properties. Estimated watershed dimensions and areas are provided in Table 4.
Appendix 4 Representative Photographs of the Bank parcel.
Photograph 1. General view of the Dixon Road Bank southward from Dixon Road
Photograph 2. Stream 1
Photograph 3. Stream 2
Photograph 4. Ditch 4 (background) at confluence of Ditch 3 (right) and Stream 2 (left).
Photograph 5. Ditch 5
Photograph 6. Dominant vegetation (foxtail and sicklepod) on Bank site, August 2018
Appendix 5
Environmental Data Resources, Inc.
Executive Summary for the Dixon Road Mitigation Bank
Dixon Road Mitigation Bank
883 Dixon Rd
Chocowinity, NC 27817
Inquiry Number: 5378412.2s
July 31, 2018
6 Armstrong Road, 4th floor
RM-LBD-CCA
Shelton, CT 06484
Toll Free: 800.352.0050
www.edrnet.com
TABLE OF CONTENTS
SFCTION PAr.F
ExecutiveSummary.................................................................................................................ES1
A-1
OverviewMap..........................................................................................................................
2
DetailMap-------------------------------------------------------------------------------------------------------------------------------
3
Map Findings Summary-----------------------------------------------------------------------------------------------------------4
A-16
MapFindings---------------------------------------------------------------------------------------------------------------------------
8
OrphanSummary.....................................................................................................................9
Government Records Searched/Data Currency Tracking......................................................GR-1
GEOCHECK ADDENDUM
Physical Setting Source Addendum---------------------------------------------------------------------------------------
A-1
Physical Setting Source Summary----------------------------------------------------------------------------------------
A-2
Physical Setting SSURGO Soil Map----------------------------------------------------------------------------------------A-5
Physical Setting Source Map--------------------------------------------------------------------------------------------------
A-16
Physical Setting Source Map Findings...................................................................................A-18
Physical Setting Source Records Searched...........................................................................PSGR-1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
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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 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
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TC5378412.2s Page 1
EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
883 DIXON RD
CHOCOWINITY, NC 27817
COORDINATES
Latitude (North): 35.4581180 - 35° 27' 29.22"
Longitude (West): 77.0755690 - 77° 4'32.04"
Universal Tranverse Mercator: Zone 18
UTM X (Meters): 311644.6
UTM Y (Meters): 3925629.2
Elevation: 29 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map: 5945469 HACKNEY, NC
Version Date: 2013
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from: 20141006
Source: USDA
TC5378412.2s EXECUTIVE SUMMARY 1
Target Property Address:
883 DIXON RD
CHOCOWINITY, INC 27817
Click on Map ID to see full detail.
MAP
ID SITE NAME ADDRESS
NO MAPPED SITES FOUND
MAPPED SITES SUMMARY
DATABASE ACRONYMS
RELATIVE DIST (ft. & mi.)
ELEVATION DIRECTION
5378412.2s Page 2
EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the following
databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL National Priority List
Proposed NPL Proposed National Priority List Sites
NPL LIENS .......................... Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY Federal Facility Site Information listing
SEMS ................................. Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS -ARCHIVE .................. Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS........................ Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF ------------------------ RCRA - Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG .......................... RCRA - Large Quantity Generators
RCRA-SQG ......................... RCRA - Small Quantity Generators
RCRA-CESQG--------------------- RCRA - Conditionally Exempt Small Quantity Generator
Federal institutional controls / engineering controls registries
LUCIS ---------------------------------
Land Use Control Information System
US ENG CONTROLS ------------ Engineering Controls Sites List
TC5378412.2s EXECUTIVE SUMMARY 3
EXECUTIVE SUMMARY
US INST CONTROL Sites with Institutional Controls
Federal ERNS list
ERNS --------------------------------- Emergency Response Notification System
State- and tribal - equivalent NPL
NC HSDS Hazardous Substance Disposal Site
State- and tribal - equivalent CERCLIS
SHWS Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF List of Solid Waste Facilities
OLI Old Landfill Inventory
State and tribal leaking storage tank lists
LAST ----------------------------------Leaking Aboveground Storage Tanks
LUST ---------------------------------- Regional UST Database
INDIAN LUST ....................... Leaking Underground Storage Tanks on Indian Land
LUST TRUST State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST Underground Storage Tank Listing
UST ------------------------------------Petroleum Underground Storage Tank Database
ASTAST Database
INDIAN UST ........................ Underground Storage Tanks on Indian Land
State and tribal institutional control/ engineering control registries
INST CONTROL -------------------No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
INDIAN VCP ------------------------Voluntary Cleanup Priority Listing
VCP ------------------------------------Responsible Party Voluntary Action Sites
State and tribal Brownfie/ds sites
BROWNFIELDS------------------- Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS------------- A Listing of Brownfields Sites
Local Lists of Landfill/ Solid Waste Disposal Sites
SWRCY------------------------------ Recycling Center Listing
TC5378412.2s EXECUTIVE SUMMARY 4
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
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
UMTRAJ------------------------------
Uranium Mill Tailings Sites
LEAD SMELTERS
Lead Smelter Sites
TC5378412.2s EXECUTIVE SUMMARY 5
EXECUTIVE SUMMARY
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
ECHO ------------- _________________
-
-- Enforcement & Compliance History Information
DOCKET HWC
Hazardous Waste Compliance Docket Listing
UXO-------------G-----------------
----- Unexploded Ordnance Sites
FUELS PRORAM_____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 -------------------------------------
Operation Permits Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP --------------------------- EDR Proprietary Manufactured Gas Plants
EDR Hist Auto EDR Exclusive Historical Auto Stations
EDR Hist Cleaner EDR Exclusive Historical Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS Recovered Government Archive State Hazardous Waste Facilities List
RGA LF Recovered Government Archive Solid Waste Facilities List
-------------------------------
RGA LUST .......................... Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were not identified.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC5378412.2s EXECUTIVE SUMMARY 6
EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC5378412.2s EXECUTIVE SUMMARY 7
DETAIL MAP - 5378412.2S
Target Property
.A. Sites at elevations higher than
or equal to the target property
• Sites at elevations lowerthan
the target property
.1 Manufactured Gas Plants
• Sensitive Receptors
EJ National Priority List Sites
Dept. Defense Sites
1/16 1/8 1/4 Miles
Indian Reservations BIA Hazardous Substance
D100 -year flood zone Disposal Sites
D 500 -year flood zone
National Wetland Inventory
DState Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
SITE NAME: Dixon Road Mitigation Bank CLIENT: David Knowles Environmental Consulting.
ADDRESS: 883 Dixon Rd CONTACT: David Knowles
Chocowinity NC 27817 INQUIRY#: 5378412.2s
LAT/LONG: 35.458118/77.075569 DATE: July31,20184:12pm
Copyright @ 2018 EDR, Inc. @ 2015 TornTom Rel. 2015.
legend includes only
those icons for the
default map view.
SITE NAME: Dixon Road Mitigation Bank CLIENT: David Knowles Environmental Consulting.
ADDRESS: 883 Dixon Rd CONTACT: David Knowles
Chocowinity NC 27817 INQUIRY#: 5378412.2s
LAT/LONG: 35.458118/77.075569 DATE: July31,20184:12pm
Copyright @ 2018 EDR, Inc. @ 2015 TornTom Rel. 2015.
MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database (Miles) Property
< 1/8
1/8-1/4
1/4-1/2
1/2 - 1
> 1
Plotted
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL 1.000
0
0
0
0
NR
0
Proposed NPL 1.000
0
0
0
0
NR
0
NPL LIENS TP
NR
NR
NR
NR
NR
0
Federal Delisted NPL site list
Delisted NPL 1.000
0
0
0
0
NR
0
Federal CERCLIS list
FEDERAL FACILITY 0.500
0
0
0
NR
NR
0
SEMS 0.500
0
0
0
NR
NR
0
Federal CERCLIS NFRAP site list
SEMS -ARCHIVE 0.500
0
0
0
NR
NR
0
Federal RCRA CORRACTS facilities list
CORRACTS 1.000
0
0
0
0
NR
0
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF 0.500
0
0
0
NR
NR
0
Federal RCRA generators list
RCRA-LQG 0.250
0
0
NR
NR
NR
0
RCRA-SQG 0.250
0
0
NR
NR
NR
0
RCRA-CESQG 0.250
0
0
NR
NR
NR
0
Federal institutional controls /
engineering controls registries
LUCIS 0.500
0
0
0
NR
NR
0
US ENG CONTROLS 0.500
0
0
0
NR
NR
0
US INST CONTROL 0.500
0
0
0
NR
NR
0
Federal ERNS list
ERNS TP
NR
NR
NR
NR
NR
0
State- and tribal - equivalent NPL
NC HSDS 1.000
0
0
0
0
NR
0
State- and tribal - equivalent CERCLIS
SHWS 1.000
0
0
0
0
NR
0
State and tribal landfill and/or
solid waste disposal site lists
SWF/LF 0.500
0
0
0
NR
NR
0
OLI 0.500
0
0
0
NR
NR
0
State and tribal leaking storage tank lists
LAST 0.500
0
0
0
NR
NR
0
TC5378412.2s Page 4
Database
MAP FINDINGS SUMMARY
Search
Distance Target Total
(Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted
LUST 0.500
0
0
0
NR
NR
0
INDIAN LUST 0.500
0
0
0
NR
NR
0
LUST TRUST 0.500
0
0
0
NR
NR
0
State and tribal registered storage tank lists
TP
Records of Emergency Release Reports
HMIRS
TP
SPILLS
TP
FEMA UST 0.250
0
0
NR
NR
NR
0
UST 0.250
0
0
NR
NR
NR
0
AST 0.250
0
0
NR
NR
NR
0
INDIAN UST 0.250
0
0
NR
NR
NR
0
State and tribal institutional
NR
NR
NR 0
0
0
0
control / engineering control registries
NR 0
NR
NR
NR
NR
NR 0
INST CONTROL 0.500
0
0
0
NR
NR
0
State and tribal voluntary cleanup sites
NR
NR 0
INDIAN VCP 0.500
0
0
0
NR
NR
0
VCP 0.500
0
0
0
NR
NR
0
State and tribal Brownfields sites
BROWNFIELDS 0.500
0
0
0
NR
NR
0
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS 0.500
Local Lists of Landfill/ Solid
Waste Disposal Sites
SW RCY
0.500
HIST LF
0.500
INDIAN ODI
0.500
DEBRIS REGION 9
0.500
ODI
0.500
IHS OPEN DUMPS
0.500
Local Lists of Hazardous waste /
Contaminated Sites
NR 0
US HIST CDL
TP
US CDL
TP
Local Land Records
0
LIENS 2
TP
Records of Emergency Release Reports
HMIRS
TP
SPILLS
TP
IMD
0.500
SPILLS 90
TP
SPILLS 80
TP
Other Ascertainable Records
RCRA NonGen / NLR
0.250
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
0
0
0
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
0
0
NR
NR
NR 0
TC5378412.2s Page 5
MAP FINDINGS SUMMARY
Search
Distance Target
Database (Miles) Property
FUDS
1.000
DOD
1.000
SCRD DRYCLEANERS
0.500
US FIN ASSUR
TP
EPA WATCH LIST
TP
2020 COR ACTION
0.250
TSCA
TP
TRIS
TP
SSTS
TP
ROD
1.000
RMP
TP
RAATS
TP
PRP
TP
PADS
TP
ICIS
TP
FTTS
TP
MILTS
TP
COAL ASH DOE
TP
COAL ASH EPA
0.500
PCB TRANSFORMER
TP
RADINFO
TP
H I ST FTTS
TP
DOT OPS
TP
CONSENT
1.000
INDIAN RESERV
1.000
FUSRAP
1.000
UMTRA
0.500
LEAD SMELTERS
TP
US AIRS
TP
US MINES
0.250
ABANDONED MINES
0.250
FINDS
TP
ECHO
TP
DOCKET HWC
TP
UXO
1.000
FUELS PROGRAM
0.250
AIRS
TP
ASBESTOS
TP
COAL ASH
0.500
DRYCLEANERS
0.250
Financial Assurance
TP
NPDES
TP
UIC
TP
AOP
TP
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP
1.000
EDR Hist Auto
0.125
Total
< 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted
0 0 0 0 NR 0
0 NR NR NR NR 0
TC5378412.2s Page 6
Database
MAP FINDINGS SUMMARY
Search
Distance Target Total
(Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted
EDR Hist Cleaner 0.125 0 NR NR NR NR 0
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS TP
RGA LF TP
RGA LUST TP
Totals -- 0
NOTES:
TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
0
0
0
0
0 0
TC5378412.2s Page 7
Map ID
Direction
Distance
Elevation Site
MAP FINDINGS
EDR ID Number
Database(s) EPA ID Number
TC5378412.2s Page 8
NO SITES FOUND
TC5378412.2s Page 9
Appendix 6
DRAFT Conservation Easement
for the
Dixon Road Riparian Buffer and Nutrient Offset Mitigation
Bank
DRAFT Conservation Easement for the Dixon Road Riparian Buffer
and Nutrient Offset Mitigation Bank
January 18, 2001
Rev 'd October 16, 2002
Rev'd August, 2003
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of ,2019 by and between Greene Environmental
Services, LLC_ ("Grantor") and (Grantee).
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Beaufort County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein ("Property");
WHEREAS, Grantee is [either a public body of this state, an agency of the United
States, or a nonprofit corporation or trust whose purpose is the conservation of property],
and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.
§ 121-35;
WHEREAS , Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
communities: modified streams and ditches, as well as any associated buffers or upland
communities. The purpose of this Conservation Easement is to maintain riparian
resources and other natural values of the Property, and prevent the use or development of
the Property for any purpose or in any manner that would conflict with the maintenance
of the Property in its natural condition.
WHEREAS, the preservation of the Property is required by a Mitigation Banking
Instrument for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank, of
Division of Water Resources Project Number 2018- 0466 v2. The Mitigation Bank is
intended to be used to compensate for unavoidable stream and/or wetland impacts
authorized by permits issued by the Division of Water Resources. Grantor and Grantee
agree that third -party rights of enforcement shall be held by the Division of Water
Resources, and that these rights are in addition to, and do not limit, the rights of the parties
to the Mitigation Banking Instrument.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the
receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Property described on Exhibit A,
together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this
Conservation Easement is prohibited. The Property shall be preserved in its natural
condition and restricted from any development that would impair or interfere with the
conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property; nor enlargement or modification to existing roads, trails or walkways.
G. Sim. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation. Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns; specifically inclusive of
Streams 1 and 2 and Ditches 3, 4 and 5 that are identified in the Bank Parcel
Development Package for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation
Bank In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of
pesticide or biocides is prohibited.
K. Development Rights_ No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt
bikes, all -terrain vehicles, cars and trucks is prohibited above, on or over the Conservation
Easement Property other than for temporary or occasional access for purposes of maintaining the
easement area.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the property for all purposes not
inconsistent with this Conservation Easement, including, but not limited to, the right to
quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish,
and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property,
in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms
of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors
and assigns, the right to construct riparian buffer and nutrient offset mitigation on the Property,
in accordance with the detailed mitigation plan (Bank Parcel Development Package) approved
in accordance with the Mitigation Banking Instrument for the Dixon Road Riparian Buffer and
Nutrient Offset Mitigation Bank (Division of Water resources Project Number: 2018 -0466 v2).
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the
Division of Water Resources, shall have the right to enter the Property at all reasonable
times for the purpose of inspecting said property to determine if the Grantor, or his
personal representatives, heirs, successors, or assigns, is complying with the terms,
conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall
also have the right to enter and go upon the Property for purposes of making scientific or
educational observations and studies, and taking samples. The easement rights granted
herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent
any activity on or use of the Property that is inconsistent with the purposes of this
Easement and to require therestoration of such areas or features of the Property that may
be damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct the conditions constituting such breach. If the breach remains
uncured after 30 days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice,
to obtain a temporary restraining order, injunctive or other appropriate relief if the breach
of the term of this Conservation Easement is or would irreversibly or otherwise
materially impair the benefits to be derived from this Conservation Easement. The
Grantor and Grantee acknowledge that under such circumstances damage to the Grantee
would be irreparable and remedies at law will be inadequate. The rights and remedies of
the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights
and remedies available to Grantee in connection with this Conservation Easement. The
costs of a breach, correction or restoration, including the Grantee's expenses, court costs,
and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be
responsible for the breach. The Division of Water Resources shall have the same right to
access and enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition, or
provision hereof or affect the right to Grantee to enforce the same in the event of a
subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle
Grantee to bring any action against Grantor for any injury or change in the Property
resulting from causes beyond the Grantor's control, including, without limitation, fire,
flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or
from any prudent action taken in good faith by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to life, damage to property or harm to the
Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property which
have not been expressly subordinated to this Conservation Easement. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title
to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in
all or a portion of the Property. The Grantor agrees to provide written notice of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee
agree that the terms of this Conservation Easement shall survive any merger of the fee
and easement interests in the Property or any portion thereof and shall not be amed
modified or terminated without the prior written consent and approval ofthe Division of
Water Resources.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns this Conservation
Easement, the organization receiving the interest will be a qualified holder under N.C.
Gen. Stat. § 121-34 et seq. and§ 170(h) of the Internal Revenue Code, and the Grantee
further covenants and agrees that the terms of the transfer or assignment will be such that
the transferee or assignee will be required to continue in perpetuity the conservation
purposes described in this document.
D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement, Mitigation Banking Instrument
and Bank Parcel Development Package. If any provision is found to be void or unenforceable by a court
of compete jurisdiction, the remainder shall continue in full force and effect.
E. Obligations of Ownership_ Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall
not be responsible for any costs or liability of any kind related to the ownership, operation, insurance,
upkeep, or maintenance of the Property, except as expressly provide herein.
Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations
and permits that may apply to the exercise of the Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued use of
the Property for the conservation purposes, this Conservation Easement may only be extinguished, in
whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Prope lty is taken in the exercise
of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the
full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of
eminent domain, Grantee shall be entitled to the fair market value of this Conservation
Easement. The parties stipulate that the fair market value of this Conservation Easement
shall be determined by multiplying the fair market value of the Property unencumbered
by this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation
Easement) at the time of this grant. The values at the time of this grant shall be the values
used, or which would have been used, to calculate a deduction for federal income tax
purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner
consistent with the purposes of this Conservation Easement.
I. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter specified
by notice pursuant to this paragraph):
To Grantor:
Greene Environmental Services, LLC
Ham Farms, 963 Hwy 258 S
Snow Hill, NC 28580
Fax: (252) 747-9255
To Grantee:
To Division of Water Resources:
Division of Water Resources
Attn Nutrient Offset Banking Coordinator
1650 Mail Service Center
Raleigh, NC 27699-1650
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's interest
shall become vested in another qualified grantee in accordance with an appropriate
proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a
writing signed by all parties hereto, and provided such amendment does not affect the
qualification of this Conservation Easement or the status of the Grantee under any
applicable laws, and is consistent with the conservation purposes ofthis grant.
L. Present Condition of the Property. The wetlands, scenic, resource,
environmental, and other natural characteristics of the Property, and its current use and
state of improvement, are described in Section 2.0 of the Bank Parcel Development
Package for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank,
dated January 2019, prepared by Grantor and acknowledged by the Grantor and Grantee
to be complete and accurate as of the date hereof. Both Grantor and Grantee have
copies of this report. It will be used by the parties to assure that any future changes in
the use of the Property will be consistent with the terms of this Conservation Easement.
However, this report is not intended to preclude the use of other evidence to establish
the present condition of the Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
Grantor: , Greene Environmental Services, LLC, Date:
Grantee: , Date: