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HomeMy WebLinkAbout20180784 Ver 1_MP_for IRT Review_20190220ID#* 20180784 Version* 1 Select Reviewer:* Mac Haupt Initial Review 02/20/2019 Completed Date Mitigation Project Submittal - 2/20/2019 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* r Stream W Wetlands r Buffer r Nutrient Offset (Select all that apply) Project Contact Information ........................................................................................................................................................................................................................................................................................ Contact Name:* Email Address:* Raymond Holz rholz@restorationsystems.com Project Information Existing 20180784 Existing (DWR) (nunbersonly ...nodash) Version: (nurrbersonly) ID#:* Project Type: f• DMS r Mitigation Bank Project Name: Arabia Bay Wetland Mitigation Slte County: Hoke Document Information ........................................................................................................................................................................................................................................................................................ Mitigation Document Type:* Mitigation Plans File Upload: Arabia Bay Mitigation Plan—for IRT Review 02-20- 14.43M6 2019_.pdf Rease upload only one RDF of the complete file that needs to be subnitted... Signature Print Name:* Raymond Holz Signature:* MITIGATION PLAN ARABIA BAY WETLAND MITIGATION SITE Hoke County, North Carolina DMS Project ID No. 100061 Full Delivery Contract No. 7529 USACE Action ID No. SAW -2018-01151 DWR Project No. 2018-0784 RFP No. 16-007332 Cape Fear River Basin Cataloging Unit 03030004 Prepared for: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES 1652 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1652 February 2019 February 6, 2019 Lindsey Crocker NC DEQ— Division of Mitigation Services 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Subject: Arabia Bay, Project ID #100061, DMS Contract #0007529 Response to DMS Comments on the Draft Mitigation Plan Review (DMS review team: Periann Russel, Melonie Allen, Lindsay Crocker), Submittal of Mitigation Plan for IRT Review, & the Performance Bond Restoration Systems received comments on the Arabia Bay Mitigation Plan from the Division of Mitigation Services on December 12th, 2018. Below are the comments received in black, and Restoration Systems' response in blue. 1. Add DWR project # to the cover page (DWR 2018-0784) DWR project # has been added to cover page. Page 3, Land Use - please provide approximate date that property was cleared for agriculture for historic context. Also, there is no discussion about the "historic ditch" (Figure 7), only discuss current ditches. Please provide a brief explanation of when that historic ditch was filled, and why, to give a historic background of the site. A sentence has been added to Section 1.3 providing an approximate date of when the property was cleared based on the NC Geological Survey 1956 aerial photograph. After reviewing several USGS aerial photographs from the 1950-60's it is apparent the property was cleared sometime prior to 1950(https://earthexplorer.usgs.gov/). The size of the site combined with the resolution of historic aerial photographs and limited availability of aerial photographs for Hoke County, NC prevent a more accurate determination of when the site was cleared for agriculture. A brief discussion of the historic ditch has been added to Section 1.3. The date of clearing is of importance notjust for historic context. Research on drained and cleared bays has indicated that time in agriculture affects bulk density, which they should be affecting by ripping, but also subsidence. The reason it may be important is that restoring the water table to historic elevation has resulted in longer duration and deeper inundation than was likely present prior to disturbance, which may lead to more ponded water than anticipated. Juniper Bay is the site I'm referring to if you're familiar with that project (NCSU published at least 2 papers on that one I think). These papers may be interesting to the designers to review. Thank you for the recommended research regarding soils of Carolina Bays. During project development research of the data and papers associated with Juniper Bay and nearby Hillcrest Bay was conducted to identify potential concerns and ensure appropriate methodologies are used in restoration of Arabia Bay. The soil series (McColl) and ecoregion (transition from Coastal Plain to Piedmont) suggest historical organic material was lower relative to other Carolina bays with higher organic content soils. Additionally, a slightly larger Carolina Bay —2.0 -miles west of Arabia Bay where vegetation has been undisturbed for 70+ years and no evidence of drainage was investigated to identify reference site conditions. There was little to no evidence of surface ponding, the soils had a thin organic soil horizon at the surface before transitioning into a mineral soil. Therefore, we feel there was not a significant amount of subsidence since the land was put into agricultural production. A fragipan was observed in this reference Carolina Bay which appeared to be at a higher bulk density than Arabia Bay based on the ability to auger through the fragipan. It should also be noted fragipans are known for high bulk densities which limit and restrict root growth. Given the presence of a fragipan in the soils at Arabia Bay we do not think the agricultural practices at Arabia Bay have increased the bulk density too significantly beyond what it was historically. Page 6, CFRBRP goals and Page 9-11, Goals and Objectives: Objectives need to correlate directly to a goal and be linked or funnel down from the RBRP goals. The content is there, but this is not organized in a clear way. In the text, it shows one set of goals and objectives and the table has others. Don't say 'remove' in goals, and then 'reduce' in objectives, items like that should match. Goals from Page 6 along with Goals and Objectives from Pages 9-11 have been organized for consistency and to correlate Goals and Objectives. 4. Page 7, nutrient model: it appears that you have developed a nutrient model based on multiple data sources for multiple land uses. Please indicate in the text which of the data sources you used to calculate the one specific for this project (which source of data shows 20 Ib/acre/year removal of P&K for corn, and 15 Ib/acre/year P on soybeans)? This is the only data source relevant in this case, although it is clear in your spreadsheet that each land use type may have come from one of the other cited sources. As a note, Realistic Yield Expectations from NCSU may show nutrient inputs much higher for this soil type and crop. The narrative for the nutrient model has been revised to only identify the applicable data source used for the calculation of this Site. Page 7, Hydrological Characterization: the title of this section does not reflect what is in the paragraph. Remove or update it to reflect more of a true hydrologic characterization. Additional narrative has been added in section 3.3.1 to more accurately describe the Site's hydrological characterization. 6. Page 8, depth to restrictive area is mentioned and the appendix is referenced, but not described. Give a range of depths here in addition to referencing the Appendix. Your Soil Profile Map (Figure 4) does not indicate the same textural changes/restrictive layer depths as the points nearby in the Depth to Restrictive Layer map (Figure 5). Did you make soil texture observations in the depth to restrictive layer field work and can you provide that or can you explain the differences in these two? A range of depths to the restrictive soil horizon has been added to page 8. The field investigation in assessing the depth to restrictive layer was a detailed assessment that focused on the increase in clay content and/or fragic soil properties moving down into the soil profile. Whereas the field investigation for the Soil Profile Map was conducted early in the project development to identify drained hydric soils, and did not include detailed assessments of the restrictive soil layer. The field investigation for the Soil Profile Map (Figure 4) occurred in Feb 2018, and focused on identifying drained hydric soils. During this effort holes were dug to an appropriate depth to make this determination but did not include analysis at deeper depths regarding the formation of the restrictive layer. The field investigation for the Restrictive Layer Map (Figure 5) was performed in June 2018 and focused on identifying restrictive properties associated with the McColl soil series. This assessment included using a hand auger throughout the project area and a sharp shooter to examine soil profiles along the ditch banks. The restrictive properties for the McColl soil series relate to the prismatic structure of the fragipan, this restrictive layer for the official series description starts at 13 — 20 -in in the soil (NCSS 1999). These restrictive properties can occur in both clay and sandy clay loam soils. The field investigation found the restrictive layer to start at 2 — 32 -in in the soil with the greater range being associated with erosion and deposition during the course of decades of agriculture land use practices. The field investigation for Restrictive Layer Map occurred when the field had been plowed and planted with cotton. Sampling for the Restrictive Layer Map sampled from the middle of the planted rows which was trying to approximate the normal soil surface but obviously adds variability to the depths compared to the field investigation for the Soil Profile Map when the soil surface was flat and uniform. 7. Page 11 Objectives: deep ripping: Do you have any concerns that deep ripping will disturb your fragipan? Please include depth planned for ripper. Soil moisture should be less than 30 percent of field capacity at the maximum depth of tillage to avoid causing compaction when this is conducted. Upon further review, the term "deep ripping" has been replaced with "plowing" in the narrative. The intent of this is to reduce compaction in the upper 6-8 inches of the soil and increase surface roughness. Fragipans are the result of altered parent material, and in Carolina Bays they have likely formed from the loading and wetting of water. These processes cause the soil to have a columnar, prismatic, or blocky structure that makes the soil very restrictive to water movement in the soil and plant root growth except along intermittent cracks. Therefore, it is not expected the plowing will cause the subsoil to become compacted as it is already at a high bulk density due to the presence of the fragipan. Proposed plowing will only include the upper 6 -8 -inches and will be conducted to provide planted vegetation an appropriate substrate for establishment. The official series description for the McColl soil series indicates the fragipan thickness is 15 — 32 -in and the field investigation observed similar findings. Plowing will occur when the soil moisture is less than 30 percent of field capacity at the maximum depth of tillage. Section 7.1 and Table 13 have been revised to include additional discussion regarding plowing. 8. Page 13, provide more detail and justification about the perched water table and how it will be reestablished. Figure A does not relay the suggested information. Additional narrative has been included in section 7.1 describing the reestablishment of the perched water table. 9. Page 13 and design sheets, the text states "elevation not tied to grid." Tie to grid is required by state survey board on any map of record and DMS electronic data submission requirements. RS will have to use a surveyor and provide a sealed survey at as -built showing any deviations from design. Please explain how surveying was conducted, and how RS intends on meeting contractual requirements for this submission. Was design conducted entirely in the office based on LIDAR? Additionally, the property must be closed before permits can be acquired, which will require using an actual survey map which will be tied to grid. Update design to reflect surveyed site topo or provide justification. Due to the overall size of the owner's property a decision was made to survey a section of the property boundary near the project conservation easement, rather than perform a complete boundary survey. The property boundary survey located property corners near the project conservation easement and tied them to grid to ensure the project outlet structure was not located on adjacent properties. A surveyor did visit the site and conducted a boundary survey for a portion of the subject property. A survey map tied to grid is included in the topographic survey for design purposes. This was chosen over a traditional survey as the site is completely open and advances in LiDAR availability have provided an alternate method to collecting topographic surveys. 10. Page 13, design approach: what is the "impervious material?" Will this come from off-site? Impervious material will be clay soil collected from onsite. There are clay berms along the ditches that will provide the primary source for the clay fill material. Secondary sources of clay material will come from habitat areas (small depressions, <6 inches deep) created during construction throughout the project area, and excess clay from relocating the driveway. Section 7.2 has been revised to provide additional details regarding the impervious material. 11. Page 13, Terracell Structure: It is unclear how the terracell will be 1.7' above the existing bay, when also the plan states that it will be located at the current elevation of the existing ditch that is 2-3' below the current existing bay ground level. Please revise the text to explain that more clearly or provide a response to DMS. Section 7.3, the narrative regarding the Terracell outlet structure has been revised to specify that the "Terracell will be 2.5 feet above the existing bay floor." The Terracell outlet will be designed to provide surface water drainage at a specified elevation to prevent hydrologic trespass on surrounding properties. The Terracell will be the lowest elevation along the bay rim that provides a drainage outlet. 12. There was no water budget or other rationale for wetland design. Provide a simplistic water budget or other model that discusses rainfall, infiltration rates, evaporation, and surface /gw runoff. This will provide a before and after for water retention and support hydroperiod. Contact DMS for examples of this if RS has questions. Appendix K has been added to the document to show the water balance calculation. Section 3.3.1 has been updated to discuss water budget calculation results for the project. Instrumentation was not in place on site to provide direct measurement of site conditions, therefore data was used from the closest state operated weather stations to provide inputs for variables associated with the water balance calculation. The water balance calculation determined the Site will retain enough of hydrological inputs to restore wetland hydrology during normal weather conditions after the ditch outlet is removed and the restrictive soil layer in the ditch is replaced. 13. Table 9 planting plan, DMS understands that Loblolly is part of the planting plan because it is a documented part of this target community. However, in recollecting this site visit, there was a significant Loblolly community adjacent to this site which will likely provide a seed source for this site and be beneficial. Is it wise to plant 10% loblolly with this in mind? DMS would support documenting in the Mitigation Plan that Loblolly will be desirable if volunteer. The planting plan has been revised to replace Loblolly pine with Sweetbay magnolia (Magnolia virginiana) as a planted species. Loblolly pine has been documented in the mitigation Plan as a desirable volunteer that will count towards woody vegetation success in Table 12 under Section 8.1. 14. Page 14, per the RFP please update monitoring report deliverable date to December 1s' The date on page 14 has been updated to December 15t 15. Table 11, vegetation plots: to document 2% of the planted areas, RS will only need to have 13 vegetation plots (at whatever combination of permanent and up to 50% random). It is fine to leave this mitigation plan as is (14, and 4 vegetation plots), but DMS wanted to point out that this is more than is required. Thank you for the note. Given the IRT will likely require 14 ground water gauges, RS typically likes to keep vegetation plots and gauges together. Thus we are going to keep the 14 vegetation plots and use random transects as needed during monitoring years. 16. Table 12 (and in Hydrological Characterization) describe the system as precipitation -driven, but it was earlier described as precipitation and groundwater? Please explain in the text clearly. Precipitation (both direct precipitation on the site and upland/stormwater runoff) is the primary hydrological input and groundwater is the secondary input. Narrative has been revised in Section 3.3.1 to explain the hydrological inputs for the Site. Table 12 specifies precipitation as the primary hydrological input. 17. Table 13, Success criteria is a measured parameter. Update this column to include quantifiable criteria. Table 13 has been updated to include quantifiable criteria for the Success Criteria column. 18. Categorical Exclusion: the checklist submitted with this Mitigation Plan does not match the final checklist approved by Donnie Brew. Please replace this one with the officially approved checklist and corresponding data. Also need the USF&W response letter (dated January 2018) to include with this submittal. For the CE the checklist and corresponding data approved by Donnie Brew has been included with the Mitigation Plan. The USFWS response letter has been included as well. 19. Appendix H, remove Schedule of Monitoring Table. This was discussed earlier and much of it does not apply to this project. Remove discussion of Mitigation Banks. The only thing that should be in this section is a table of credit release that applies to this project (remove coastal marsh wetlands, streams table, and remove any columns or text that apply to mitigation banks.) In Appendix H the following items have been removed, Table 3 — Schedule of Monitoring Events, discussion of Mitigation Banks, text related to coastal marsh wetlands, and text referencing streams. Plan Sheets 1. Plan drawings should be NAD 83, and show major and minor contour lines, and proposed contours from the design. NAD 83 has been added to the Plan Sheets and a note detailing NC Spatial Data QL2 LiDAR data has been added. Line weights and labeling of existing contour lines have been updated to make existing contour data more legible. Raymond Holz and Grant Lewis discussed with Lindsay Crocker (DMS) on 1-18-2019 plan sheets would not be showing proposed contours as the filling of Site ditches is to be to existing grade. A note has been added to the Plan Sheets addressing this comment. Where is the staging area and construction entrance? Show on design sheets. If this is stabilized construction entrance, provide a typical. The construction entrance and staging area have been added to the Plan Sheets, a typical has been added for the construction entrance. Conservation Easement on design sheets is shown as a circle. Can these lines be straightened out to ensure that they are at least 200' before a turn? This provides a hardship for Stewardship. RS has reworked the proposed conservation easement to accommodate >200' easement lines to the extent practical given the Site's position in the landscape in relation to parcel boundaries and landowner requirements. The previous easement had 27 points with all 27 segments under 200'. The new easements has 15 points and 6 of the 15 segments over 200' and 3 over 175', the remaining segments are all over 100' in length. 4. Show on plans where ditch plugs are proposed and provide a ditch plug typical. Plan Sheets have been revised to show ditch plug locations and a typical has been added. 5. These plans don't discuss the ripping or surface roughening in the construction sequence. Please update by adding specification to design is applicable. Also, is an environmental inspection pre and post construction required by Sediment & Erosion control? Update as required. Upon further review, the term "deep ripping" has been replaced with "plowing" in the narrative (see comment response #7 above). Yes, a land quality permit will be required for construction activities. Revised Plan Sheets will be used to apply for land quality permit. 6. Include a comprehensive planting plan. Although there is a list of permanent and temporary seeding, there is no tree planting on the sheets and it is not clear where this will be applied (i.e. staging and stockpile areas not indicated). Mulch and/or any soil amendments are also omitted. This is fine if designer is not using these. Example plans can be provided by DMS if wanted. A Planting Plan has been added to the Plan Sheets. MITIGATION PLAN ARABIA BAY WETLAND MITIGATION SITE Hoke County, North Carolina DMS Project ID No. 100061 Full Delivery Contract No. 7529 USACE Action ID No. SAW -2018-01151 DWR Project No. 2018-0784RFP No. 16-007332 Cape Fear River Basin Cataloging Unit 03030004 Prepared for: NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES 1652 MAIL SERVICE CENTER RALEIGH, NORTH CAROLINA 27699-1652 Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Contact: Worth Creech 919-755-9490 (phone) 919-755-9492 (fax) Prepared by: And February 2019 Axiom Environmental, Inc. Axiom Environmental, Inc. 218 Snow Avenue Raleigh, North Carolina 27603 Contact: Grant Lewis 919-215-1693 (phone) "This mitigation plan has been written in conformance with the requirements of the following: • Federal rule for compensatory mitigation project sites as described in the Federal Register Title 33 Navigation and Navigable Waters Volume 3 Chapter 2 Section § 332.8 paragraphs (c)(2) through(c)(14). • NCDEQ Division of Mitigation Services In -Lieu Fee Instrument signed and dated July 28, 2010 These documents govern NCDMS operations and procedures for the delivery of compensatory mitigation." This document was assembled using the June 2017 DMS Stream and Wetland Mitigation Plan Template and Guidance and the October 24, 2016 NC Interagency Review Team Wilmington District Stream and Wetland Compensatory Mitigation Update. TABLE OF CONTENTS 1.0 PROJECT INTRODUCTION....................................................................................... 3 1.1 Directions to Site............................................................................................................... 3 1.2 USGS Hydrologic Unit Code and NCDWR River Basin Designation ............................. 3 1.3 Physiography and Land Use.............................................................................................. 3 1.4 Project Components and Structure.................................................................................... 4 2.0 WATERSHED APPROACH AND SITE SELECTION ............................................. 7 3.0 BASELINE AND EXISTING CONDITIONS.............................................................. 8 3.1 Soils and Land Form......................................................................................................... 8 3.2 Nutrient Model.................................................................................................................. 8 3.3 Project Site Wetlands........................................................................................................ 8 3.3.1 Hydrological Characterization................................................................................ 8 3.3.2 Soil Characterization............................................................................................... 9 3.3.3 Plant Community Characterization......................................................................... 9 4.0 REFERENCE FOREST ECOSYSTEM....................................................................... 9 5.0 FUNCTIONAL UPLIFT AND PROJECT GOALS/OBJECTIVES ........................ 10 6.0 SITE DESIGN AND IMPLEMENTATION CONSTRAINTS ................................. 12 6.1 Threatened & Endangered Species.................................................................................. 12 6.2 Cultural Resources.......................................................................................................... 13 6.3 North Carolina Natural Heritage Elements..................................................................... 13 6.4 Utilities............................................................................................................................ 14 6.5 Air Transport Facilities................................................................................................... 14 7.0 DESIGN APPROACH AND MITIGATION WORK PLAN .................................... 14 7.1 Wetland Restoration........................................................................................................ 14 7.2 Ditch Plugging................................................................................................................. 14 7.3 Driveway Relocation & Terracell Structure.................................................................... 14 7.4 Natural Plant Community Restoration............................................................................ 15 7.4.1 Nuisance Species Management............................................................................ 15 8.0 MONITORING AND SUCCESS CRITERIA............................................................ 15 8.1 Success Criteria............................................................................................................... 18 8.2 Contingency.....................................................................................................................18 8.2.1 Wetland Contingency........................................................................................... 18 8.2.2 Vegetation Contingency....................................................................................... 18 8.3 Compatibility with Project Goals.................................................................................... 18 9.0 ADAPTIVE MANAGEMENT PLAN......................................................................... 19 10.0 LONG-TERM MANAGEMENT PLAN..................................................................... 19 11.0 REFERENCES.............................................................................................................. 20 Mitigation Plan (DMS Project No. 100061) Table of Contents page i Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 TABLES Table 1. Project Components and Mitigation Credits..................................................................... 4 Table 2. Project Activity and Reporting History............................................................................ 5 Table 3. Project Contacts Table...................................................................................................... 5 Table 4. Project Attribute Table...................................................................................................... 6 Table 5. Web Soil Survey Soils Mapped within the Site................................................................ 8 Table 6. Reference Forest Ecosystem........................................................................................... 10 Table 7A. Arabia Bay NC WAM Summary................................................................................. 11 Table 7B. Wetland Targeted Functions, Goals, and Objectives ................................................... 12 Table 8. Threatened and Endangered Species.............................................................................. 13 Table9. Planting Plan................................................................................................................... 15 Table 10. Monitoring Schedule..................................................................................................... 16 Table 11. Monitoring Summary.................................................................................................... 17 Table12. Success Criteria............................................................................................................. 18 Table 13. Compatibility of Performance Criteria to Project Goals and Objectives ...................... 19 APPENDICES Appendix A. Figures Figure 1. Site Location Figure 2. Hydrologic Unit Map Figure 3. Topography Figure 4. Historical Aerial Photograph (1956) Figure 5. Existing Conditions and Soils Figure 6. Impervious Layer Depth Analysis Figure 7. Proposed Conditions Figure 8. Outfall Structure Figure 9. Planting Plan Figure 10. Monitoring Plan Appendix B. Existing Wetland Data NC WAM Forms Soil Boring Log Nutrient Model Output Appendix C. NHP Report Appendix D. Approved Jurisdictional Determination Appendix E. Categorical Exclusion Document Appendix F. Financial Assurance Appendix G. Site Protection Instrument Appendix H. Credit Release Schedule Appendix I. Maintenance Plan Appendix J. Construction Plans Erosion Control Plan Structure Details Appendix K. Water Balance Calculation Mitigation Plan (DMS Project No. 100061) Table of Contents page ii Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 1.0 PROJECT INTRODUCTION The Arabia Bay Wetland Mitigation Site (hereafter referred to as the "Site") encompasses 16.1 acres of agricultural fields used for row crop production. The Site is located approximately 4.5 miles southeast of Raeford, NC and northeast of the intersection of Arabia Road (SR 1003) and LA Sandy Road in southeast Hoke County (Figures 1 and 2, Appendix A). 1.1 Directions to Site Directions to the Site from Raleigh, North Carolina. - Take I-40 East out of Raleigh; travel —30 miles - Take exit 328A to merge onto I-95 S; travel —40 miles - Take exit 41 for NC -59 towards Hope Mills and Parkton - Turn right onto NC -59 N; after 0.7 miles, turn left onto Shipman Rd - After 1 mile, turn right onto US -301 South; travel 2.4 miles - Turn right onto NC -71 South; travel 2.7 miles - Turn right onto 3rd Street and continue straight onto Barlow Road and Chason Road; travel 5.5 miles - Turn left on Arabia Rd; travel 3 miles - The Site is located on the right, down a gravel driveway. o Site Latitude, Longitude 34.9570, -79.1379 (WGS84) 1.2 USGS Hydrologic Unit Code and NCDWR River Basin Designation The Site is located within the Cape Fear River Basin in 14 -digit United States Geological Survey (USGS) Cataloging Unit and Targeted Local Watershed 03030004150011 of the South Atlantic/Gulf Region (North Carolina Division of Water Resources [NCDWR] subbasin number 03-06-15) [Figures 1 and 2, Appendix A]). Site hydrology is comprised of precipitation and lateral groundwater flow. A ditch network has been excavated to drain the Site, which ultimately drains to Rockfish Creek located less than a mile to the north. Rockfish Creek (Stream Index Number 18- 31-(15)) has been assigned a Best Usage Classification of C (NCDWR 2013). Rockfish Creek is not listed on the final 2016 NC 303(d) lists (NCDWR 2018). 1.3 Physiography and Land Use The Site is located in the Atlantic Southern Loam Plains portion of the Southeastern Plains ecoregion of North Carolina. Regional physiography is characterized by dissected irregular plains, some smooth plains; broad interstream divides and mostly gentle side slopes dissected by numerous small, low to moderate gradient sandy bottomed streams (Griffith et al. 2002). Onsite elevations are nearly level averaging 220 feet National Geodetic Vertical Datum (NGVD) (USGS Raeford, North Carolina 7.5 -minute topographic quadrangle) (Figures 1 and 3, Appendix A). The Site is situated in a Carolina bay that has been cleared, drained, and farmed (Figure 3, Appendix A). The NC Geological Survey 1956 aerial photograph for Hoke County shows the site in agricultural production indicating the area was cleared prior to that date. The bay is an isolated depression surrounded by sand rims along the northwest and southeast margins. Surrounding the bay are rural residential properties, timber tracts, and additional row crops. Land use at the Site is characterized entirely by agricultural row crops. Herbaceous vegetation and a few shrubby species Mitigation Plan (DMS Project No. 100061) page 3 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 grow within the ditches, which are regularly maintained by bush hogging and herbicide application. The 1956 NC Geological Survey aerial photograph and 1974 aerial photograph included in the Hoke and Cumberland Counties Soil Survey show a historic ditch that is no longer present (USDA 1984). The ditch was placed in the middle of the field and ran from the southeast to the northwest where it connected the primary present-day ditches. The historical ditch appeared to be a secondary ditch that was not necessary for agricultural production and was therefore filled in during the 1980's. A field investigation was performed using hand tools to locate the historic ditch location and determine if the subsurface clay layer was intact. Based on the field investigation it appears the clay layer within the footprint of the historic ditch is intact. It is impossible for RS to determine the depth of the historic ditch which may have never broken through the Site's restrictive layer. The ditch could simply have been used to remove surface water. During Site construction, additional field investigations may be conducted to assure the historic ditch does not undermine the restoration goals. 1.4 Project Components and Structure The Site encompasses 16.0 acres of drained hydric soil (Figure 4, Appendix A), which is proposed for non -riparian wetland restoration. Completed project activities, reporting history, completion dates, project contacts, and background information are summarized in Tables 1-4. Table 1. Project Components and Mitigation Credits Arabia Bay Restoration Site Length & Area Summations by Mitigation Category Restoration Level Non -riparian Wetland (acreage) Restoration 16.0 Overall Assets Summary Asset Category Overall Credits Non -riparian Wetland 16.0 Mitigation Plan (DMS Project No. 100061) page 4 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Restoration orMitigation Wetland Existing Restoration Restoration Mitigation Reach ID Restoration Type Acreage Acreage Level Ratio Credits Equivalent Wetland Non -riparian -- 16.0 Restoration 16.0 1:1 16.0 Restoration Length & Area Summations by Mitigation Category Restoration Level Non -riparian Wetland (acreage) Restoration 16.0 Overall Assets Summary Asset Category Overall Credits Non -riparian Wetland 16.0 Mitigation Plan (DMS Project No. 100061) page 4 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Table 2. Project Activity and Reporting History Arabia Bay Restoration Site Activity or Deliverable Data Collection Complete Completion or Deliver Technical Proposal (RFP No. 16-007332) February 8, 2018 February 8, 2018 Institution Date (NCDMS Contract No. 7529) -- April 4, 2018 Mitigation Plan October 2018 February 2019 Construction Plans -- February 2019 Table 3. Project Contacts Table Arabia Bay Restoration Site Mitigation Plan (DMS Project No. 100061) page 5 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Restoration Systems 1101 Haynes Street, Suite 211 Full Delivery Provider Raleigh, North Carolina 27604 Raymond Holz 919-755-9490 Axiom Environmental, Inc. 218 Snow Avenue Designer / Monitoring Raleigh, NC 27603 Grant Lewis 919-215-1693 Sungate Design Group, P.A. 905 Jones Franklin Road Engineer Raleigh, NC 27606 Josh Dalton 919-856-2243 Strother Land Surveying 120 East Elwood Avenue Surveyor Raeford, NC 28376 Leland D. Strother, PLS, CFS 910-875-8081 Carolina Silvics 114 E King Street PO Box 1017 Planting Contractor Edenton, NC 27932 Mary -Margaret McKinney 252-482-8491 Construction Contractor TBD Mitigation Plan (DMS Project No. 100061) page 5 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Table 4. Project Attribute Table Arabia Bay Restoration Site Mitigation Plan (DMS Project No. 100061) page 6 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Project Information dd Project Name Arabia Bay Restoration Site Project County Hoke County, North Carolina Project Area (acres) 16.1 Project Coordinates (latitude & latitude) 34.95700N, 79.1379°W Planted Area (acres) 16.1 gowProject Watershed Summary Information Physiographic Province Piedmont Project River Basin Cape Fear USGS HUC for Project (14 -digit) 03030004150011 NCDWR Sub -basin for Project 03-06-15 Project Drainage Area (acres) NA Percentage of Project Drainage Area that is Impervious <5% CGIA Land Use Classification Cultivated Wetland Summary Information Parameters Wetlands Wetland acreage 16.0 acres drained Wetland Type Non -riparian Mapped Soil Series McColl Drainage Class Poorly drained Hydric Soil Status Hydric Source of Hydrology Precipitation, groundwater Hydrologic Impairment Ditched and drained Native Vegetation Community Bay Forest/Small Depression Pocosin % Composition of Exotic Invasive Vegetation 0% Restoration Method Hydrologic, vegetative Enhancement Method NA Regulatory Considerations Regulation Applicable? Resolved? Supporting Documentation Waters of the United States -Section 401 Yes Yes Approved JD (App D) Waters of the United States -Section 404 Yes Yes Approved JD (App D) Endangered Species Act Yes Yes CE Document (App E) Historic Preservation Act Yes Yes CE Document (App E) Coastal Zone Management Act No -- CE Document (App E) FEMA Floodplain Compliance No -- CE Document (App E) Essential Fisheries Habitat No -- CE Document (App E) Mitigation Plan (DMS Project No. 100061) page 6 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 2.0 WATERSHED APPROACH AND SITE SELECTION The Cape Fear River basin is one of four rivers in North Carolina completely contained within the state's boundaries. Comprised of five major drainages—Haw River, Deep River, Northeast Cape Fear River, Black River, and the Cape Fear River—the basin drains portions of 26 counties and 115 municipalities with a total of 6386 stream miles. The most populated portions of the basin are located in the Triad, the Triangle, Fayetteville, and Wilmington (NCDWQ 2005). Primary considerations for Site selection included the potential for improvement of water quality within a region of North Carolina under heavy development and livestock/agricultural pressure. More specifically, considerations included: desired aquatic resource functions; hydrologic conditions; soil characteristics; aquatic habitat diversity; habitat connectivity; compatibility with adjacent land uses; reasonably foreseeable effects the mitigation project will have on ecologically important aquatic and terrestrial resources; and potential development trends and land use changes. Site specific characteristics are summarized below, in addition to development trends and land use changes within the watershed. Currently, the proposed Site is characterized by row crops. A summary of existing Site characteristics in favor of proposed wetland activities include the following. • Wetlands have been cleared of forest vegetation • Site receives nonpoint source inputs including agricultural chemicals • Wetland soils have been compacted by agricultural equipment • Wetland hydrology has been removed by ditching In addition to the opportunity for ecological improvements at the Site, the use of the particular mitigation activities and methods proposed in the Design Approach & Mitigation Work Plan (Section 7.0) are expected to produce naturalized wetland resources that will be ecologically self- sustaining, requiring minimal long-term management (Long-term Management Plan [Section 10.0]). The project is not located in a Regional or Local Watershed Planning Area; however, Cape Fear River Basin Restoration Priorities (CFRBRP) report (NCEEP 2009) goals are addressed by project objectives as follows: 1. CFRBRP Goal – Reduce and control sediment inputs Site specific objective – Cessation of row crop production and conversion of a ditched Carolina Bay to a depressional wetland will remove agricultural sediment inputs leaving the Site and control sediment within the Site. 2. CFRBRP Goal – Reduce and manage nutrient inputs Site specific objective – Cessation of row crop production may result in a direct reduction of 160 pounds of nitrogen and 280 pounds of phosphorus per year (nutrient model [Section 3.2]) from the elimination of agricultural nutrient inputs/fertilizer application at the Site. Mitigation Plan (DMS Project No. 100061) page 7 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Site specific mitigation goals and objectives have been developed through the use of North Carolina Wetland Assessment Method (NC WAM) and are discussed further in Section 5.0 (Functional Uplift and Project Goals/Objectives). 3.0 BASELINE AND EXISTING CONDITIONS 3.1 Soils and Land Form Soils that occur within the Site, according to the Web Soil Survey (USDA 2017) are described in Table 5. Table 5. Web Soil Survev Soils Mapped within the Site Map Unit Map Unit Name Hydric Description M� Symbol (Classification) Status — Candor sand This series consists of somewhat excessively- CaB (Grossarenic Kandiudults) Non -hydric drained soils found along 1-8 percent slopes on broad flats and rounded side slopes of uplands. Mc McColl loam Hydric y This series consists of poorly drained soils found (Typic Fragiaquults) in shallow, oval depressions of uplands. Norfolk loamy sand This series consists of well -drained soils found NoA (Typic Kandiudults) Non -hydric along 0-2 percent slopes on broad smooth flats of uplands. 3.2 Nutrient Model A preliminary land use nutrient model was developed to estimate nitrogen and phosphorus inputs from row crops at the Site. Model inputs include Site area, percent land use, and row -crop type. Using published values of Nitrogen and Phosphorus the model predicts the nutrient input of fertilizer associated with land uses (NC State 2016). A copy of the model input and output is presented in Appendix B. Based on the land use nutrient model, cessation of active row crops at the Site will result in a direct reduction of 160 pounds of nitrogen and 280 pounds of phosphorus per year. 3.3 Project Site Wetlands Following guidelines set forth in the Corps of Engineers Wetlands Delineation Manual and subsequent regional supplements, there are currently no jurisdictional areas present within the Site (Environmental Laboratory 1987). This was verified by United States Army Corps of Engineers (USACE) representative Gary Beecher during a field meeting on October 30, 2018; the signed, Approved Jurisdictional Determination, is provided in Appendix D. 3.3.1 Hydrological Characterization Construction activities are expected to restore 16.0 acres of drained non -riparian hydric soils. Areas of the Site targeted for non -riparian wetlands will receive hydrological inputs from direct precipitation, upland/stormwater runoff, and to a lesser extent, groundwater migration into Mitigation Plan (DMS Project No. 100061) page 8 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 wetlands resulting in surface ponding due to the presence of an impervious soil layer. Hydrological impairment in drained soils has resulted from lateral draw -down of the water table from an existing network of agricultural ditches. A water balance calculation was performed to determine if wetland hydrology will be restored by removing the ditch outlet and restoring the broken restrictive soil layer in the existing ditches. The water balance calculation was performed using nearby state operated weather station for hydrological inputs and outputs as no direct hydrological measurements from the site are available. The calculation determined a surplus of —32 acre-feet for the site on an annual basis which will support wetland hydrology success criteria during years of normal precipitation. 3.3.2 Soil Characterization The system is characterized as a clay -based Carolina bay of the McColl series; however, the term clay -based is too specific when describing the mechanism whereby these bays develop a perched water table. Inherent soil factors that contribute to ponding of water in the Carolina bays characterized by sandy clay loam soil of the McColl series includes the presence of a fragipan, an iron hardpan, a mixture of organic substances that binds soil particles into a relatively water -tight layer, and possibly a spodic horizon (NatureServe 2018). The entire Site was analyzed to verify the depth of the restrictive layer (Figure 5, Appendix A). This analysis included soil borings, soil horizon identification along ditch margins, and mapping of historic ditches from aerial photographs. The restrictive layer appears to be intact across the site and occurs within a depth range of 2 — 32 -inches below the soil surface. The locations of soil borings and ditch margin analysis are depicted on Figure 4 (Appendix A). Detailed soil boring logs are included in Appendix B. Hydrological impairment at the Site results from drainage ditch excavation. The drainage ditch invert has been excavated below impervious layer and into coarse sand, thereby draining the entire Site. During large rain events surface water may flow from the ditch; however, the majority of the groundwater table alterations appear to result from subsurface, groundwater drawdown in coarse sand below the ditch bottom. Drained hydric soils were verified by a licensed soil scientist (NC LSS # 1233) in January 2018 and the entire 16.0 -acre Site (Figure 4, Appendix A) is comprised of drained hydric soil of the McColl series. 3.3.3 Plant Community Characterization Areas proposed for wetland restoration are currently used for agricultural row crops. Ditches contain opportunistic herbaceous species with very little vegetative diversity. The entire Site including ditches is subject to regular maintenance including bush hogging and herbicide application. 4.0 REFERENCE FOREST ECOSYSTEM A Reference Forest Ecosystem (RFE) is a forested area on which to model restoration efforts at the Site in relation to soils and vegetation. RFEs should be ecologically stable climax communities Mitigation Plan (DMS Project No. 100061) page 9 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 and should be a representative model of the Site as it likely existed prior to human disturbances. Data describing plant community composition and structure should be collected at the RFEs and subsequently applied as reference data in an attempt to emulate a natural climax community. An RFE for this project was difficult to locate as the majority of Carolina bays in the area have been ditched and drained in support of agricultural and silvicultural practices. Therefore, data from the NatureServe Explorer (Atlantic Coastal Plain Clay -based Carolina Bay Wetland, Unique ID # CES203.245, NatureServe 2018), in addition to Schafale and Weakley (1990) and Schafale (2012) community descriptions for a Cypress Savana were used for development of the planting plan. These wetland systems are ovoid, shallow, nearly flat-bottomed depressions with dense, diverse herbaceous layers and a fairly open canopy. Table 6 summarizes the dominant tree and shrub species found in these systems. Table 6. Reference Forest Ecosystem Atlantic Coastal Plain Clay -based Carolina Bay Wetland/Cypress Savana Swamp titi (Cyrilla racemiflora) Fetterbush (Lyonia lucida) Swamp holly (Ilex amelanchier) Swamp tupelo (Nyssa biflora) Swamp doghobble (Leucothoe racemosa) Loblolly pine (Pinus taeda) Southern spicebush (Lindera melissifolia) Pond pine (Pinus serotina) Sweetgum (Liquidambar styraciflua) Pond cypress (Taxodium ascendens) 5.0 FUNCTIONAL UPLIFT AND PROJECT GOALS/OBJECTIVES The project is not located in a Regional or Local Watershed Planning Area; however, Cape Fear River Basin Restoration Priorities (CFRBRP) report (NCEEP 2009) goals are addressed by project objectives as follows.. CFRBRP Goal — Reduce and control sediment inputs Site specific objective — Cessation of row crop production and conversion of a ditched Carolina Bay to a depressional wetland will remove agricultural sediment inputs leaving the Site and control sediment within the Site. 2. CFRBRP Goal — Reduce and manage nutrient inputs Site specific objective — Cessation of row crop production may result in a direct reduction of 160 pounds of nitrogen and 280 pounds of phosphorus per year (nutrient model [Section 3.2]) from the elimination of agricultural nutrient inputs/fertilizer application at the Site. Site specific mitigation goals have been developed through the use of North Carolina Wetland Assessment Method (NC WAM) analyses (NC WFAT 2010). This methodology rates functional metrics for wetlands as high, medium, or low based on field data collected on forms and transferred into a rating calculator. Using Boolean logic, the rating calculator assigns a high, medium, or low value for each metric and overall function. Site functional assessment data forms are available upon request and model output is included in Appendix B. Mitigation Plan (DMS Project No. 100061) page 10 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Table 7A summarizes NC WAM metrics targeted for functional uplift and the corresponding mitigation activities proposed to provide functional uplift. Metrics targeted to meet the Site's goals and objectives are depicted in bold. Table 7A. Arabia Bav NC WAM Summary NC WAM Sub -function Rating Summary Arabia Bay Wetland Type Pocosin (1) HYDROLOGY LOW (2) Surface Storage & Retention LOW (2) Sub -surface Storage and Retention LOW (1) WATER QUALITY LOW (2) Pollution Change LOW (1) HABITAT LOW (2) Physical Structure LOW (2) Landscape Patch Structure LOW (2) Vegetative Composition LOW OVERALL LOW Due to a lack of wetland hydrology in reestablishment areas, it is inappropriate to conduct an NC WAM evaluation. However, the NC WAM description of a pocosin, as well as data collected at the Site were utilized to determine wetland functions to target for uplift. Based on NC WAM data, all three primary wetland functional metrics (Hydrology, Water Quality, and Habitat), as well as all six sub -metrics are currently under -performing as exhibited by a LOW metric rating. LOW performing metrics are to be targeted for functional uplift through mitigation activities, goals and objectives, as well as, monitoring and success criteria. Table 7B below presents wetland metrics targeted for functional uplift, in addition to Site specific project goals and objectives. Space Purposefully Left Blank Mitigation Plan (DMS Project No. 100061) page 11 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Table 713. Wetland Targeted Functions, Goals, and Objectives Targeted Functions Goals Objectives (1) HYDROLOGY (2) Surface Storage & • Fill agriculture ditches to restore jurisdictional hydrology Retention • Minimize downstream . Plant native woody vegetation • Cease row crop production within the flooding to the easement (2) Sub -surface Storage & maximum extent • Plow soils (6-8 inches) to reduce surface possible. compaction and increase surface Retention roughness • Protect the Site with a perpetual conservation easement (1) WATER QUALITY • Remove agricultural land uses and • Remove direct nutrient, agricultural inputs from the Site (2) Pollution Change sediment, and pollutant • Fill the ditch network to restore ground and surface hydrology within the Site inputs from the Site. . Plant woody vegetation • Restore jurisdictional wetlands (1) HABITAT (2) Physical Structure • Plant woody vegetation to provide organic matter and shade (2) Landscape Patch Structure • Improve wildlife habitat . Fill ditches to provide groundwater hydrology and plant woody native within and adjacent to vegetation (2) Vegetation Composition the Site. • Protect the Site with a perpetual conservation easement • Restore jurisdictional wetlands 6.0 SITE DESIGN AND IMPLEMENTATION CONSTRAINTS The presence of conditions or characteristics that have the potential to hinder restoration activities on the Site was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, and the potential for hydrologic trespass. Existing information regarding Site constraints was acquired and reviewed. In addition, any Site conditions that have the potential to restrict the restoration design and implementation were documented during the field investigation. No known Site constraints, that may hinder proposed mitigation activities, were identified during field surveys. Potential constraints reviewed include the following. 6.1 Threatened & Endangered Species Six federally protected species are listed as occurring in Hoke County (USFWS 2018); the following table summarizes potential habitat and preliminary biological conclusions for each. Mitigation Plan (DMS Project No. 100061) page 12 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Table 8. Threatened and Endangered Species Species Habitat Potential Biological Federal Status Habitat at Site Conclusion American alligator (Alligator mississippiensis) Found in rivers, streams, canals, lakes, No Not Required Threatened due to Similarity swamps, and coastal marshes. of Appearance Red -cockaded woodpecker Open stands of pine containing trees 60 years (Picoides borealis) or older for nesting and roosting. Cavity No No Effect Endangered excavation occurs in living pine trees. Saint Francis' Satyr Occurs only in the sandhills of North (Neonympha mitchellii) Carolina in Hoke and Cumberland Counties. No No Effect Endangered Occurs in sandy (sandy peat, sandy loam), acidic, seasonally moist to dry soils. American chaffseed Generally found in habitats described as (Schwalbea americana) open, moist pine flatwoods, fire -maintained No No Effect Endangered savannas, ecotonal areas between peaty wetlands and xeric sandy soils, and other open grass -sedge systems. Michaux's sumac Occurs in sandy or rocky open woods in (Rhus michauxii) association with basic soils No No Effect Endangered 6.2 Cultural Resources The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site significance are made with reference to the eligibility criteria of the National Register (36 CFR 60) and in consultation with the North Carolina State Historic Preservation Office (SHPO). Field visits were conducted at the Site in early 2018 to ascertain the presence of structures or other features that may be eligible for inclusion on the National Register of Historic Places. No structures were identified within proposed easement boundaries; however, coordination with SHPO will occur prior to construction activities to determine if any significant cultural resources are present. 6.3 North Carolina Natural Heritage Elements A query of the North Carolina Natural Heritage Program (NCNHP) database indicates there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Within a one -mile radius of the project boundary NCNHP lists seven element occurrences including three amphibians, a butterfly, two vascular plants, and a natural community. NCNHP correspondence is included in Appendix C. Mitigation Plan (DMS Project No. 100061) page 13 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 The nearest North Carolina Division of Mitigation Services (NCDMS) project is Hillcrest Bay, located approximately three miles northwest of the Site. 6.4 Utilities No utilities are located on the Site. 6.5 Air Transport Facilities No known air transport facilities are located within 5 miles of the Site. 7.0 DESIGN APPROACH AND MITIGATION WORK PLAN 7.1 Wetland Restoration Portions of the Site underlain by hydric soils have been impacted by drainage ditch excavation, vegetative clearing, agriculture plowing, herbicide application, and other land disturbances associated with land use management. Precipitation driven wetlands are dependent on retaining all direct precipitation and benefit from secondary inputs including overland flow and subsurface groundwater from within the surrounding watershed. The site naturally retains hydrology due to its convex shape, so by filling existing ditches and elevating the sole drainage outlet the site will retain all hydrological inputs. Also, the restrictive soil layer in the existing ditches will be restored in order to eliminate potential lateral drainage within the existing ditches which have penetrated the restrictive soil layer. Additionally, the upper 6 — 8 inches of the soil surface will be plowed to reduce compaction of the soil surface and increase soil surface roughness. Plowing will occur when the soil moisture is less than 30 percent of field capacity at the maximum depth of tillage. Wetland restoration will focus on the restoration of vegetative communities, filling drainage ditches, and reestablishing a perched water table (Figure 6, Appendix A). 7.2 Ditch Plugging In order to retain hydrological inputs the existing ditches will be plugged and backfilled with impervious material. Impervious material will consist of clay borrow located from the Site within the limits of disturbance. The clay borrow will be collected from areas adjacent to the existing ditches where it was previously side cast during ditch excavation. Clay borrow will also be collected from constructed habitat areas (small depressions, <6 inches deep) throughout the project area, and excess clay borrow from relocating the driveway. The ditch plugs will be placed in three locations including the ditch outlet and in the two 90 -degree bends of the ditch alignment. Existing ditch sections between the plugs will be backfilled with impervious material as well. As discussed in Section 1.3 a historic ditch located in the center of the bay was determined, through a field investigation, to still have the restrictive layer intact. No additional plugging or backfilling of the historic ditch is anticipated. 7.3 Driveway Relocation & Terracell Structure In support of wetland restoration activates the existing driveway will be relocated outside of the easement/historic bay. To prevent flooding of the driveway during large rainfall events a Terracell structure will be constructed in the current ditch outfall location. The Terracell will be situated Mitigation Plan (DMS Project No. 100061) page 14 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 approximately 2.5 feet above the elevation of the bay floor, where it will be keyed in below the surface of the road. The Terracell will only be accessed by flow during a significant and prolonged storm. The existing culvert will be removed and subsequently plugged with impervious material. A road will be built to a base elevation of 221.5 feet (elevation not tied to grid). The Terracell structure will extend approximately 50 feet down gradient (northwest) from the road crossing with a final elevation grade matching the existing ditch at 215.01 feet (Figure 7, Appendix A). 7.4 Natural Plant Community Restoration RFE data from the NatureServe Explorer (Atlantic Coastal Plain Clay -based Carolina Bay Wetland, Unique ID # CES203.245, NatureServe 2018), in addition to Schafale and Weakley (1990) and Schafale (2012) community descriptions for a Cypress Savana were used to develop the primary plant community restoration. Bare -root seedlings will be planted throughout the Site at a density of 680 stems per acre on 8 -foot centers. Table 9 depicts the total number of stems and species distribution to be planted (Figure 8, Appendix A). Planting will be performed between December 1 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Table 9. Planting Plan Atlantic Coastal Plain Clay -based Carolina Bay Wetland/Cypress Savana Area (acres) 16.0 Species # Planned % of total Swamp titi (Cyrilla racemiflora) 1000 10 Swamp holly (Ilex amelanchier) 1000 10 Swamp doghobble (Leucothoe racemosa) 1000 10 Southern spicebush (Lindera melissifolia) 1000 10 Fetterbush (Lyonia lucida) 1000 10 Swamp tupelo (Nyssa Mora) 1600 15 Sweetbay magnolia (Magnolia virginiana) 1000 10 Pond pine (Pinus serotina) 1000 10 Pond cypress (Taxodium ascendens) 1600 15 TOTAL 10,000 100 7.4.1 Nuisance Species Management No nuisance species controls are proposed at this time. Inspections for feral hogs and other potential nuisance species will occur throughout the course of the monitoring period. Appropriate actions may be taken to ameliorate any negative impacts regarding vegetation development and/or water management on an as -needed basis. The presences of nuisance species will be monitored over the course of the monitoring period. Appropriate actions will be taken to amend any negative impacts regarding vegetation development and/or water management on an as -needed basis. 8.0 MONITORING AND SUCCESS CRITERIA Monitoring will be conducted by Axiom Environmental, Inc based on the schedule in Table 10. A summary of monitoring is outlined in Table 11 (Figure 9, Appendix A). Annual monitoring reports Mitigation Plan (DMS Project No. 100061) page 15 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 will be submitted to the NCDMS by Restoration Systems no later than December 1St of each monitoring year data is collected. Table 10. Monitoring Schedule Resource Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Wetlands Vegetation Visual Assessment Report Submittal Space Purposefully Left Blank Mitigation Plan (DMS Project No. 100061) page 16 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 s U b4U �•� ° .U.i 2 Qi m .U.i n �; U �•�� o U onNC3 V p. A �ofib-o A ID O L y O DO uo O C/1 O rA rA a O � � b N '� � M N ami ami ani C� ami cd o ci Q � a N O U N cd O C b4PC N N d O d 7r to 7y on <r ° >�ti°o bo a b on 7Oi N U 8.1 Success Criteria Monitoring and success criteria for stream restoration should relate to project goals and objectives identified from NC WAM data collection. From a mitigation perspective, several of the goals and objectives are assumed to be functionally elevated by restoration activities without direct measurement. Other goals and objectives will be considered successful upon achieving success criteria. The following summarizes Site success criteria. Table 12. Success Criteria Wetland Hydrology JA • Saturation or inundation within the upper 12 inches of the soil surface for, at a minimum, 10 percent of the growing season, during average climatic condition based on the Wilmington District Stream and Wetland Compensatory Mitigation Update (USACE 2016), Table 1, for a Typic Paleaquult (Rains). As the Site is primarily a rainwater driven system, the first two monitoring years will require soil surface saturation for 8 percent of the growing season, while groundwater tables equilibrate. Vegetation • Within planted portions of the site, a minimum of 320 stems per acre must be present at year 3; a minimum of 260 stems per acre must be present at year 5; and a minimum of 210 stems per acre must be present at year 7. • Trees must average 7 feet in height at year 5, and 10 feet in height at year 7 in each plot. • Planted and volunteer stems are counted, provided they are included in the approved planting list for the site; natural recruits not on the planting list may be considered by the IRT on a case-by-case basis. Volunteer Loblolly pine which is not included on the planting list is a desirable species for the restoration of the vegetative community and will count towards vegetative success. • Any single species can only account for 50% of the required stems within any vegetation plot. o Shallow freshwater marsh areas are a normal component of Carolina bays. Areas of freshwater marsh are expected to be comprised of herbaceous emergent vegetation and not forested woody vegetation. Shallow freshwater marsh is expected encompass approximately 20% of the bay area and should not be held to the above vegetative success criteria. 8.2 Contingency In the event that success criteria are not fulfilled, a mechanism for contingency will be implemented. 8.2.1 Wetland Contingency Hydrological contingency will require consultation with hydrologists and regulatory agencies if wetland hydrology enhancement is not achieved. Recommendations for contingency to establish wetland hydrology will be implemented and monitored until Hydrology Success Criteria are achieved. 8.2.2 Vegetation Contingency If vegetation success criteria are not achieved, supplemental planting may be performed with tree species approved by regulatory agencies. Supplemental planting will be performed as needed until achievement of vegetation success criteria. 8.3 Compatibility with Project Goals The following table outlines the compatibility of Site performance criteria described above to Site goals and objectives that will be utilized to evaluate if Site goals and objectives are achieved. Mitigation Plan (DMS Project No. 100061) page 18 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Table 13. Compatibility of Performance Criteria to Project Goals and Objectives Goals Objectives Success Criteria (1) HYDROLOGY • Fill agriculture ditches to restore . Row crop production ceased within the jurisdictional hydrology easement • Plant native woody vegetation . Monitoring wells will be successful if the • Minimize downstream • Cease row crop production within water table is within 12 inches of the soil flooding to the the easement surface for 10% of the growing season maximum extent • Plow soils to reduce surface . Vegetation plots will be successful if the possible. compaction and increase surface plant density is 210 stems per acre with roughness (6-8 inches) an average plant height of 10 feet at 7 • Protect the Site with a perpetual years following planting conservation easement • Conservation Easement recorded (1) WATER QUALITY • Row crop production ceased within the • Remove agricultural land uses easement and agricultural inputs from the . Monitoring wells will be successful if the • Remove direct nutrient, Site water table is within 12 inches of the soil sediment, and pollutant • Fill the ditch network to restore surface for 10% of the growing season ground and surface hydrology . Vegetation plots will be successful if the inputs from the Site. within the Site • Plant woody vegetation plant density is 210 stems per acre with • Restore jurisdictional wetlands an average plant height of 10 feet at 7 years following planting (1) HABITAT • Plant woody vegetation to • Monitoring wells will be successful if the provide organic matter and shade water table is within 12 inches of the soil • Improve wildlife habitat • Fill ditches to provide surface for 10% of the growing season groundwater hydrology and plant • Vegetation plots will be successful if the within and adjacent to native woody vegetation plant density is 210 stems per acre with the Site. • Protect the Site with a perpetual an average plant height of 10 feet at 7 conservation easement years following planting • Restore jurisdictional wetlands • Conservation Easement recorded 9.0 ADAPTIVE MANAGEMENT PLAN In the event the mitigation Site or a specific component of the mitigation Site fails to achieve the necessary performance standards as specified in the mitigation plan, the sponsor shall notify the members of the IRT and work with the IRT to develop contingency plans and remedial actions. 10.0 LONG-TERM MANAGEMENT PLAN The Site will be transferred to the NCDEQ Stewardship Program. This party shall serve as conservation easement holder and long-term steward for the property and will conduct periodic inspection of the Site to ensure that restrictions required in the conservation easement are upheld. Funding will be supplied by the responsible party on a yearly basis until such time an endowment is established. The NCDEQ Stewardship Program is developing an endowment system within the non -reverting, interest-bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statute GS 113A - Mitigation Plan (DMS Project No. 100061) page 19 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 232(d)(3). Interest gained by the endowment fund may be used for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. 11.0 REFERENCES Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y-87-1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Griffith, G.E., J.M. Omemik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording Vegetation. Version 4.2. North Carolina Department of Environment and Natural Resources, Ecosystem Enhancement Program. Raleigh, North Carolina. NatureServe. 2018. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. Ecological System Comprehensive Report, Atlantic Coastal Plain Clay -Based Carolina Bay Wetland, Unique Identifier CES203.245. Available: http://explorer.natureserve.org/servlet/NatureServe?sourceTeMplate=tabular_report.wmt &loadTemplate=systems_ RptComprehensive.wmt&selectedReport=RptComprehensive. wmt&summaryView=tabular_report.wmt&e1Key=723240&Easing=home&save=true&st artlndex=l &nextStartlndex= l &reset=false&offPageSelectedElKey=723240&offPageSel ectedElType=systems&offPageYesNo=true&post processes=&radiobutton=radiobutton &selectedlndexes=723240&selectedlndexes=683613&selectedlndexes=685765 [August 3, 2018]. NatureServe, Arlington, Virginia. Available http://explorer.natureserve.org. North Carolina Division of Water Quality (NCDWQ). 2005. Cape Fear River Basinwide Water Quality Plan. Available: https:// https:Hdeq.nc.gov/about/divisions/water- resources/planning/basin-planning/water-resource-plans/cape-fear-2005 [December 8, 2016]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Resources (NCDWR). 2013. River Basin Classification Schedule -Cape Fear River Basin (online). Available: https:Hfiles.nc.gov/ncdeq/Water%20Quality/Planning/CSU/Surface%2OWater/River%20 Basin%20Water%2OQuality%20CIassifications%20as%20of%o2ODec%209%202013/Cap eFear_Hydro_order.pdf [May 8, 2018]. North Carolina Department of Environmental Quality, Raleigh. North Carolina Division of Water Resources (NCDWR). 2018. Final 2016 Category 5 Assessments -303(d) List. Available: https:Hfiles.nc.gov/ncdeq/Water%20Quality/Planning/TMDL/303d/2016/2016 NC_Cate Mitigation Plan (DMS Project No. 100061) page 20 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 gory 5_303d list.pdf [May 18, 2018]. North Carolina Department of Environmental Quality, Raleigh, North Carolina. North Carolina Ecosystem Enhancement Program (NCEEP). 2009. Cape Fear River Basin Restoration Priorities 2009 (online). Available http://portal.ncdenr.org/c/document_ library/get file?uuid=864e82e8-725c-415e-8ed9- c72dfcb5 5012&group1d=60329 North Carolina State University (NC State 2016). NC State University and A&T State University Cooperative Extension Resources. 2016 North Carolina Agricultural Chemicals Manual. Available: http://content.ces.ncsu.edu/north-carolina-agricultural-chemicals-manual North Carolina Wetland Functional Assessment Team. (NC WFAT 2010). N.C. Wetland Assessment Method (NC WAM) User Manual. Version 4.1. Schafale, 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, North Carolina Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, North Carolina Department of Environment and Natural Resources. Raleigh, North Carolina. United States Army Corps of Engineers (USACE). 2010. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual, Eastern Mountains and Piedmont Region. United States Army Corps of Engineers (USACE). 2016. Wilmington District Stream and Wetland Compensatory Mitigation Update. United States Department of Agriculture (USDA). 1984. Soil Survey of Cumberland and Hoke Counties, North Carolina. United States Department of Agriculture, Soil Conservation Service. United States Department of Agriculture (USDA). 2017. Web Soil Survey (online). Available: https://websoilsurvey.sc.egov.usda.goy/A/App/HomePage.htm [May 8, 2018]. United States Department of Agriculture. United States Fish and Wildlife Service (USFWS). 2018. Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species, Hoke County, North Carolina (online). Available: https://www.fws.gov/raleigh/species/cntylist/hoke.html [May 9, 2018]. Mitigation Plan (DMS Project No. 100061) page 21 Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 APPENDIX A FIGURES Figure 1. Site Location Figure 2. Hydrologic Unit Map Figure 3. Topography Figure 4. Historical Aerial Photograph (1956) Figure 5. Existing Conditions and Soils Figure 6. Impervious Layer Depth Analysis Figure 7. Proposed Conditions Figure 8. Outfall Structure Figure 9. Planting Plan Figure 10. Monitoring Plan Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 rn o co H U Z Y o 0 0 � Q Q rA M Z Z Z C.14 QUO v Q o m H F- ° O r W U J o ?: T Y W z IL a U F F- U N N O � = a_ ❑ ❑ U) d Ilk -r ,I 1 •� Yc....Y. -, xA. I . r CY E W. 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RL ' rL O co M a) 0) r r V o � LO LU U0 C� m ami ami O O Q Q (6 O O r Q EL 0- 0) a) tm m ❑ O o Appendix B Existing Wetland Data NC WAM Forms Soil Boring Log Nutrient Model Output Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Arabia Bay Date 1/31/18 Wetland Type Pocosin Assessor Name/Organization Jernigan/Axiom Notes on Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) YES Wetland is intensively managed (Y/N) YES Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Rating Summary Function Sub -function Metrics Rating Hydrologi Surface Storage and Retention Condition LOW Sub -Surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Particulate Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Soluble Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Physical Change Condition NA Condition/Opportunity NA Opportunity Presence? (Y/N) NA Pollution Change Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) YES Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Rating Summary Function Metrics/Notes Rating Hydrologi Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence? (Y/N) YES Habitat Condition LOW Overall Wetland Rating LOW AXIOM ENVIRONMENTAL, INC 218 Snow Avenue Raleigh, North Carolina 27603 919-215-1693 SOIL BORING LOG Project/Site: Arabia Bay Wetland Mitigation Site County, State: Hoke, NC Sampling Point/ Coordinates: Hydric Soil/ 34.957125, -79.137307 Investigator: Lewis Axiom Environmental, Inc. Notes: Location of soil profile is depicted on Figure 4. Matrix Depth (inches) Color % Mottlin€ Color % Texture 0-9 10YR 4/1 98 10YR 5/6 2 clay 9-14 10YR 6/2 60 10YR 5/6 40 clay 14+ 10YR 6/2 40 10YR 5/6 60 clay North Carolina Licensed Soil Scientist Number: 1233 Signature: fit) Aaa Name/Print: W. Grant Lewis AXIOM ENVIRONMENTAL, INC 218 Snow Avenue Raleigh, North Carolina 27603 919-215-1693 SOIL BORING LOG Project/Site: Arabia Bay Wetland Mitigation Site County, State: Hoke, NC Sampling Point/ Coordinates: Hydric Soil/ 34.957807, -79.138144 Investigator: Lewis Axiom Environmental, Inc. Notes: Location of soil profile is depicted on Figure 4. Depth (inches) Matrix Mottlin€ Texture Color % Color % 0-3 10YR 4/2 100 sandy clay loam 3-8 10YR 4/2 95 10YR 5/6 5 sandy clay loam 8-14 10YR 4/2 90 10YR 5/6 10 sandy clay loam 14+ 10YR 4/2 75 10YR 5/6 7.5YR 6/2 15 10 sandy clay loam North Carolina Licensed Soil Scientist Number: 1233 Signature: fit) Aaa Name/Print: W. Grant Lewis 5 O O O x 0 0 0 0 0 0 H 1p O N 00 f%) N N N d F0 0 0 0 0 0 0 0 0 0 to Z ti N O O O to w O m OV N In V V C � CL flj M V m N - m .-I D fn o O � N ti ti ti ti� Z E z _ y u fu fc a o m p = w u .n CL N \ U m O O m m N N N a � 0 0 0 0 0 0 N N fn n Z � CL 1 Q a � a m z z o- w o z � U c �o O 4 CL K 5 O O O x 0 0 0 0 0 0 H 1p O N 00 f%) N N N d F0 0 0 0 0 0 0 0 0 0 to Z ti N O O O to w O m OV N In V V C � CL flj M V m N - m .-I D fn o O � N ti ti ti ti� Z E z _ y u fu fc a o m p = w u .n CL N \ U m O O m m N N N a � 0 0 0 0 0 0 N N fn n Z � I f26 r+ b\0 V M lfl N E O O O u � c u I 2to N M O N N N M u Z C uo 0 C K fu 0 z C G/ E OJ th 10 C I 3 v E0 C N C N Y 3 Z m 0 H W IR N Z a Q CL fn fn U 3 I f26 r+ b\0 V M lfl N E O O O u � c u I 2to N M O N N N M u Z C uo 0 C K fu 0 z C G/ E OJ th 10 C I 3 v E0 C N C N Y 3 Z m 0 H W IR N Z a Appendix C NHP Report Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 North Carolina Department of Natural and Cultural Resources Natural Heritage Program Govemor Roy Cooper February 2, 2018 Phillip Perkinson Axiom Environmental Inc. 218 Snow Avenue Raleigh, NC 27612 RE: Arabia Bay; 17-001.06 Dear Phillip Perkinson: Secretary Susi H. Hamilton NCNHDE-5261 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler o_ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Tele hone: [919', 7D7-8107 LOCA.TICN 16`1 MaiI Ser,rice Center �n�rr&ncnh2.org 121 VVest hones S-reat Ralaigh, NC 27899-1881 Ralaigh, NC 27603 r 0 / I E 2 CD e -49E N / / / / / / \ \ t n t \ $ $ \ \ m / / / / } | ■ 0 0 0 \ ! y = > - | § \ m \ \ \ ' 2 E % E P \ § a . a m 2 Co \ ± \ / � _ ' Of � E '\ ± _ = C o o f E / / ! � 7 @ 7 7 > / § § G i | 2 66 § 2 \ 3 2 , , , , , , , a co\ ' LL E \ \ U G fE _ ± _ _ % \ § \ > 7 > 7 ± 0)0 , S 2 & -j 6 2 & & •2 -110) k « A A A 2 / ( § \§ . k 3 {) 2 | E/\ L L I co I I {} kk ( © �k� CD 'c ��\�k \\ °� / / / q q E 2 w g E z \ k ƒ ƒ \ \ \ \ k 2 / �\ ( U 2 z 0 }� \ � 3 3 6 c - % % A ■ §5 /\ $ L § 2 0 / 3 / t / A / 04 / A / t « e§ , o 'cc2 ! « ®\ ] '- i o a) 2 } \ ! a. ° G m « o ■ = E ! / 2 � 2 �\ £ �} { 0 b _ E m k = »£� o w \} i = kƒ/ 2 & / n e= §2 / g ] \ a2 § 2m e§ 2 \% J \ z k J $ / E 3/ \ \ 4)(Y) .0 } f 2 0 m m § ) \ \ 2 3 7 0 2 L m 0 0 , < z \ & o § \3 Ir S ■ o = c 0 = @ E _ = 2 , -0c 2 \ _ I k _ § \ . k � G = % » 2 o > z = E m E D / 2 ) ® . _ 0 ■ 2 2 \ E ® n \ c a = E / > c m ■ E g _ E _ E = $ = E\ x /k m »§$ | u m < < E z O m± m t \ o `Co 0 2 0C3 - ■ g / / ƒ / \ 7 $ ° � / E S § 2 %/ o c w % & q A 7 n 2 & & u ■ § - x « �/ ) 2 2 m _ \ \CL § % % ' J m A Coƒ 2 ® % k 0 CL \ 3 5 _ / §\ E § = a � � / \ / 2 / w \ \ \ 0 \ < < < co z > z < 0 r 0 / I m m M Q r (D N LO W 2 Z U z C6 aa a� >>v E Y m T N w 20 r aNO O U�- a =- vo`� `u Z In m o CV N m E'3 '` NM p �Z"E r O -^o mU EC7 N ) o v o N n p wU'=CD W Z m =¢rte z �z W'- 0 o yawl vz �O �7 w .,�3 LL, a m Z �❑❑❑ LL Cl) Appendix D Jurisdictional Determination Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 3941 Arabia Rd City, State: County: Raeford, NC 28376 Hoke Parcel Index Number(s) (PIN): 794530001033 B. REQUESTOR INFORMATION Name: Grant Lewis -Axiom Environmental, Inc. Mailing Address: 218 Snow Avenue Raleigh, NC 27603 Telephone Number: 919-215-1693 Electronic Mail Address: glewis@axiomenvironmental.org Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Fred Harris Mailing Address: 3941 Arabia Rd Raeford, NC 28376 Telephone Number: 910-818-6449 Electronic Mail Address: ' Must provide completed Agent Authorization Form/Letter. z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. W. Grant Lewis Print Name Capacity: ❑ Owner Date ❑✓ Authorized Agent' *Please see attached Agent Authorization Form Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑✓ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑ I am requesting that the Corps provide a preliminarX JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 16 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: Longitude 34.9570 -79.1379 F1A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ❑ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re ugulatory-Pennit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request aCompleted appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map OOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) ❑ Landscape Photos (if taken) ❑ NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms FOther Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/re ug latoM/regdocs/JD/RGL 08-02_ App _ A_ Prelim_ JD_ Form_fillable.pdf ' Please see hlW://www.saw.usace.g.M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 w o co W — 0 0 _ H U Z Y o 0 Q�rA CO Z Z Q Q w aJ0 v p r a F- lo m W Q J 0 Q o v Vr Y W Z LL { Ell CIOUQ F- O F- O 6 O rN O Q N O (n N v O a F- o o C/) a- Vl CD CD 0 Ln 4F&41, cn W @ t I. ■ �� > > O m y ., J j + ' of a > --A @ o � ■ i L IM e C U CL E CL U. R 0 O — L m > 00 xni 1 �`3 ! t ! l a a a rA +N a 1 1Y JI� • in 12 ON or - 2 2 N t R v > M o U). y 3 CO SmR 0+ M f 0 3 m -• -• m mM f 1 y T °z o,i R«« m {1� [+ ' r APO ` • rt h ' w LmLO°i �toW o p O Z Z Z MQ d 0 m WWII �_40MM • `� t 0 J p 00CaO p W 0 o 0 cDtErww p 2 N. 4)R0 0L L U) JprO d N r p m m m 0 7 7 7 t} l,l L7� HH H QH HH HrA o •. i / + l 4y 'J i J i Q peon a;ed ►� �t �+ �t —4r 1 J l t n • r r + f, 1 f 1 J i i� ���f • r• \ � ? ■`^ tIr � .r 1�—f 1 4 1 rr I 1 I r n ' v C R !l i` 4,$ dd CL Ln Cl) % sCL 0 !fit ;?� I �'' L `',•C + `'}�1� �``` � ;f ~\ r ,ice r� Red springs - eeeie♦,ii��0♦i�e♦�eiie�iiei♦e♦iie♦♦iii♦♦ei♦e♦♦eiie♦iie♦iieeiiie♦eeie♦ieSi,eei%eIS- ei PON We♦ieea�eeeeee♦e♦i �♦i♦��i�� e♦♦♦i♦e♦i♦i♦i♦i���^�e� _`Q�eieieieieieieieieieeieeeeeeeieieeeieeeie•ems' " . �eeeeeeeeeeeeeeeeeeee.�,• y � ���e�e"e�eAe�e�e�e�e�e�e�e�e�e�e�e�•e . f _ t • t Ya 1 ►�♦i♦i♦i♦i♦i♦i♦i♦i♦i♦ ♦♦i♦i♦ ee � �e♦e♦e ;�. ♦e♦ �e.♦y g f�. i ���♦����0♦�♦��r� !Pell w w CO • •co CU ••■ • • • • 1 ■■ •• • ■ • ' •• ■ • Ya 1 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Hoke City: Raeford Center coordinates of site (lat/long in degree decimal format): Lat. 34.9570° N, Long. 79.1379° �. Universal Transverse Mercator: Name of nearest waterbody: Rockfish Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Cape Fear River Name of watershed or Hydrologic Unit Code (HUC): 03030004150011 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Ar ,A "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are A "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 1 ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ❑ Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: width (ft) and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW5: 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: d Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: . Wetland quality. Explain: . Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the culvert and then into the tributary. Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: Forested/ 100% cover. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IIID: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IIID: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet width (ft), Or, acres. ❑ Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section IIIB. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): 0 Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IIL13 and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'" ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: 'See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:20,000 & 1:10,000 Raeford. ® USDA Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey 2017. ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): . or ❑ Other (Name & Date): Site photographs. ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): . B. ADDITIONAL COMMENTS TO SUPPORT JD: LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book:. Z 7 Page: Sf aj Parcel ID Number: _� q 4 ._ D 10 3 3 Street Address: -; ,�y q..( 0 C Property Owner (please print: ire J 14C*I-' i •S County: 4o /4 L --- The undersigned, registered property owner(s) of the above property, do hereby authorize Vv o (i Cried , of Z e54Dr, � (Contractor/Agent/Project Manager)' (Name of Contractor/Agent irm/Agency)2 1 4x i. j!51,J of (Contractor/Agent/Project Manager)' (Name of Contractor/Agent Firm/Agency)' to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: 10 RI I hereby certify the above information to be true and accurate to the best of our knowledge. I s", (Property Owner Authorized Signature) (Date) Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build). =Name of company (full -deliveries) or DMS (design -bid -build). Arabia Bay: GA1 Upland (see attached Figure 4 for data form location) Lat/Long: 34.957, -79.139 This data point was taken in the bottom of an agricultural field ditch located within a ditched Carolina bay. The bay is farmed for cotton and herbicide appears to be regularly applied. Poi,- ii ,.. �• y �r.•rY" . *' - -•'#- 'moi �%1'w i'SC. r TP X74 / OF WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coasts[ Plain Region ProjecllSite: ■E rr,ttL r � �' a ! City/County: _do z- -_ Sampling Date: I - Applicant/Owner: r e 5 �Ofol� 1 rl1� $ i! 6 ye- — S State: NC Sampling Point: C - A-, t Ufa Investigator(s);Section, Township, Range: R a n r0f Landform (halslope, terrace, etc.): T[ Local relief (concave, convex, none). c6-1 r A 1 L Slope (%): Subregion (LRR or MLRA): LK R P I -at: 3y • A Long: -:71-13 9 Darum: /V X7 9 3 Soil Map Unit Name: NWI classification: IV* Are climatic 1 hydrol conditions the site typicat for this time of year? Yes No (if ne, explain In Remarks.) Are Vegetation , Soil =or Hydrology significantly disturbed? Are'Normal Circumstances' present? Yes No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed. explain any answers in Remarks-) 5UMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydraphytic Vegetation Present? Yes No Is the 5amp}ed Area Hydric Soil Present? Yes No within a Wetfbnd? Yes No Wetland Hydrology Present? Yes No _ Y Remarks: �G f` YO f p9 t-0 r" c.o }ry O ✓+ R ►rL9f ' M g i'1 J► ! C �' I H ct [ t:/�C HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of orae is reouire d Surface Water (Al) _ — High Water Table (A2) _ Saturation (A3) _ Water Marks (B1) _ Sediment Deposits (62) _ Drift Deposits (133) _ A6gsl Mat or Crust (B4) _ Iron Deposits (85) - Inundation Visible on Aerial Imagery (67) Wafer -Stained Leaves (89) Field Observations: Surface Water Present? Yes No check all that aonlr) Aquatic Fauna (B13) Mari Deposits (B15) (L RR U) Hydrogen Sulfide Odor (Cl) Oxidized Rhizospheres along Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Sills (C6) Thin Muck Surface (C7) Other (Explain in Remarks) t�Depth (Inches), J T Water Table Present? Yes No Depth (inches): saturation Present? Yes No Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photo: Remarks - V Surface Soil Cracks (98) _ Sparsely Vegetated Concave Surface (68) Drainage Pattems (B10) _ Moss Trim Lines (6 16) Dry -Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (Cg) _ Geomorphic Position (D2) Shallow Aquitard (03) FAC -Neutral Test (D5) _ Sphagnurn moss (D8) (LRR T, U) Wetland Hydrology Present? Yes inspections), if available: No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point; (3 A 1 j F Absolute Dominant Indicator Dorrdnance Test worksheet: Tree Stratum (Plot size: }Cover Soecigs? Status Number of Dominant Spades That Are OBL, FACW, or FAC: 2. 3- 4, 5. 6. 7- 8. 50% oftotal cover; So linQfShrub Stratum (Plot size; ) 1. 2. 3, 4. 5. 6. 7. S. = Total Cover 20% of total cover; 0 (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC; (AIB) Prevalence Index worksheet - orksheet:TataI Tota I%Cover of; ulti I by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = BIA = Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is X50% _ 3 - Prevalence index is 53.0' = Total Cover Problematic Hydrophytic Vegetation' (Explain) 50% of totai cover: 20% of total cover; Herb Stratum (Plot size; s C� t ) 1. a h LA -1 Cgrl9 [ i rf t sof — Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 2• a c t Cal f'a Definitions of Four Vegetation Strata: 3_ 04,p1 Lt r L Ci 4. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (D BH), regardless of 5. height. 6. SaplinglShrub – Woody plants, exciuding vines, less 7. than 3 in. DBH and greater than 3.28 R (1 m) tall. 8' Herb – All herbaceous (non -woody) plants, regardless 9• of size, and woody plants less than 3.28 ft tall. 10. 11 Woody wine – All woody vines greater than 328 R in height. 12, 3 = Total Cover 50% of total cover; l _ 5 20% of total cover; d , Woody Vine Stratum (Plot size: } 1. 2. 4. 5. = Total Cover 50% of trial cover; 20% of total cover: (If observed, list morphological adapt atlons below). Hydrophytic Vegetation Present? Yes No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region –Version 2.0 SOIL Sampling Pant Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Matrix Redox Features finches) Color (moist % Cotor (mast) % Type Loc Texture Remarks 0,i f F T — 'T e: C=Con ce ntrati on, D= De pietion, RM=R educed Matrix, MS= Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Solt Indicators: {Applicable to all LRRs, unless otherwise noted.] Indicators for Problematic Hydric Soils': _ Histosd (Al) _ Pdyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ fustic Epipedon [A2] — Thin Dark Surfacc (S9) (LRR S, T, U) _ 2 cm Muck (A10) (LRR S) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (LRR Q) _ Reduced Vertic (F18) (outside MLRA 150A,B) _ Hydrogen Sulfide (A4) _ oamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, 5, T) Stratified Layers (A5) Depleted Matrix (F3) _ Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) _ Redox Dark Surface (F6) (M LRA 153B) 5 cm Mucky Mineral (A7) {LRR P, T, U) _ Depleted Dark Surface (F7) _ Red Parent Material (TF2) Muck Presence (A8) (LRR U) _✓Redox Depressions (F8) _ Very Shallow Dark Surface (TF12) _ cm Muck (A9) (LRR P, T) _ Mark (F10) (LRR U) _ Other (Explain in Remarks) Depleted Below Dark Surface (A11) Depleted Ochric (F11) (M LRA 151) Thick Dark Surface (Al2) _ Iron -Manganese Masses (F12) (LRR O, P, TI 'Indicators of hydrophyiic vegetation and Coast Prairie Redox (A16) (MLRA 15 DA) _ Umbnc Surface (F13) (LRR P. T, U) wetland hydrology must be present, _ Sandy Mucky Mineral (S1) (LRR D, S) _ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy GI eyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15OB) _ Sandy Redox (55) _ Piedmont Floodplain Soils (F19) (MLRA 149 A) _ Stripped Matrix (56) - _ Anomalous Bright Loamy Soils (F20) (IN LRA 149A, 153C, 153D) _ Dark Surface (57) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes ✓ No Remarks: A4 -o. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region –Version 2.6 Appendix E Categorical Exclusion Document Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Arabia Bay Wetland Mitigation Site Hoke County, North Carolina DMS Project No. 100061 Categorical Exclusion/ERTR Prepared for: North Carolina Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 June 2018 TASK 1 b.) Categorical Exclusion Summary: Part 1: General Project Information (Attached) Part 2: All Projects Regulation/Questions Coastal Zone Management Act Not applicable — project is not located within a CAMA county. CERCLA No issue within project boundaries— please see the attached Executive Summary from a Limited Phase 1 Site Assessment performed by Environmental Data Resources, Inc. (EDR) on June 12th, 2018. National Historic Preservation Act (Section 106) No Issue — please see attached letter from Ramona M. Bartos- State of the Historic Preservation Office. Uniform Act Please see the attached letter, sent to the landowner June 12th, 2018. Part 3: Ground -Disturbing Activates Regulation/Questions American Indian Religious Freedom Act (AIRFA) Not applicable — project is not located in a county claimed as "territory" by the Eastern Band of Cherokee Indians. Antiquities Act (AA) Not applicable — project is not located on Federal land. Archaeological Resources Protection Act (ARPA) Not applicable — project is not located on federal or Indian lands. Endangered Species Act (ESA) Project activities were determined to pose "No Effect" to Endangered or Threatened Species. The proposed project will occur in existing agricultural fields which are intensively managed for row crops. There is no Critical Habitat on-site, nor is there any suitable habitat for any of the T&E species identified. Additionally, no T&E species were observed during field surveys. Record searches from the Natural Heritage Program indicate that federally protected species are not documented within a mile of the Site boundaries. Executive Order 13007 (Indian Sacred Sites) Not applicable — project is not located in a county claimed as "territory" by the Eastern Band of Cherokee Indians. Farmland Protection Policv Act (FPP Please find the attached Form AD -1006 and letter from Milton Cortes of the NRCS. Fish and Wildlife Coordination Act (FWCA) Please find the attached response from the Fish and Wildlife Service Land & Water Conservation Fund Act (Section 6(f)) Not applicable Magnuson -Stevens Fishery Conservation and management Act (Essential Fish Habitat) Not applicable — project is not located within an estuarine system Migratory Bird Treaty Act (MBTA) USFWS has no recommendation with the project relative to the MBTA Wilderness Act Not applicable—the project is not located within a Wilderness area. Appendix A Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1.4 Note: only Appendix A should to be submitted {along with any supporting documentation} as the environmental document. 6 Version 1.4, 8/18105 ProjectPart 1: General . ■ Project Name: Arabia Bay Welland Mitigatron Site Count Name: Hoke DMS Number: ID#:100061 Contract# 7529 Project 5 onsor: Restoration Systems, LLC Project Contact Name: JD Hamby Project Contact Address: 1101 Haynes street, suite 211, Raleigh, NC 27604 Project Contact E-mail: jharnby@restorationsystems.corn DMS Project Manager: UndsayCrec: erllndsay.Crocker@ncdanr.gov Pro-Proiect Description Ylie Site is located within 14 -digit Cataloging !Unit and Targeted Local Watershed 030300041500111. approximately 4.5 miles southeast of Raeford, NC. The Site is situated in a Carolina bay that has been cleared, drained, and farmed. Ditches will be plugged in order to rehydrate the drained soils and woody vegetation planted. For Official Use Only Reviewed By: Lindsay Crocker 71131201$ Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA 6 Version 1.4, 8/18105 Part 2: All Projects Response Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ® Yes E]No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ✓❑ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No Q N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ✓❑ N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? 0 Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ❑ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? 0 No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ✓❑ N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ❑✓ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ❑� N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ❑✓ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ✓❑ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ✓❑ N/A Uniform Relocation Assistance and Real PropertV Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? 0 Yes ❑ No 2. Does the project require the acquisition of real estate? ❑✓ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ❑✓ No ❑ N/A 4. Has the owner of the property been informed:❑ Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground -Disturbing Activities Regulation/Question .. American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑ Yes Cherokee Indians? 0 No 2. Is the site of religious importance to American Indians? ❑ Yes ❑ No ✓❑ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ❑✓ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No 0 N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ❑� No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No El N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑✓ N/A Archaeolo ical Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ❑✓ No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No 0 N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No 0 N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat 0 Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes 0 No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ❑ No ❑� N/A 4. Is the project "likely to adversely affect' the species and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? [_1 No 0 N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes ❑ No N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No E] N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ❑✓ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ❑✓ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ❑✓ N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? 0 Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ❑✓ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? 0 Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ❑ Yes water body? ❑✓ No 2. Have the USFWS and the NCWRC been consulted? ❑ Yes ❑ No ❑✓ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ❑✓ No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ❑� N/A Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ❑✓ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ❑✓ N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ❑✓ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ❑✓ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ❑✓ N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ❑� No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ❑✓ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ❑✓ No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ❑✓ N/A Version 1.4, 8/18/05 ao o co LU — 0 0 _ H U Z Y o 0 Q p fn z 0 m o oCo LLJ QQ0 � V LL F- lo m H F- Uo w ° LU L LU Z LL { co Ell N UQ F- O F- � 6 CJ r� N (1)Q N O (n N v O a F- o o C/) a- CY Lq _ z LO m o 0 E UJ r�. 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O O D) OD co w) h Ln I� 6 O Ln L6 u7 L? V -q- Q W 0 c'7 0 N c'7 c'7 c'7 N N N c'7 Cl) N N c'7 co N N c'7 Cl) Cl) Cl) Cl) Cl) N N N N N N Cl) c'7 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N W O N a a z � �C'1 � n� � June 12th, 2018 Mr. Fred Harris 3941 Arabia Rd. Raeford, NC 28376 Dear Mr. Harris: The purpose of this letter is to notify you that Restoration Systems, LLC, in offering to purchase your property in Hoke County, North Carolina, does not have the power to acquire it by eminent domain. Also, Restoration Systems' offer to purchase your property is based on what we believe to be its fair market. If you have any questions, please feel free to call me at 919-755-9490. Sincerely, WA6-� JD Hamby Project Manager May 18th, 2018 Shannon Deaton, Habitat Conservation Program Manager North Carolina Wildlife Resources Commission 1701 Mail Service Center Raleigh, NC 27699-1701 Re: Arabia Bay Wetland Mitigation Project, Hoke County, NC Dear Ms. Deaton: The purpose of this letter is to request concurrence from the North Carolina Wildlife Recourse Commission concerning a stream restoration project located in Hoke County for the N.C. Division of Mitigation Services. The project will restore non -riparian wetlands in existing row crop fields and forested areas. Please review and comment on any possible issues that might emerge with respect to the Fish and Wildlife Coordination Act from the potential stream restoration project. Attached is a USGS base map with the projects 16.01 acre footprint identified. The Arabia Bay non -riparian wetland mitigation project site has been identified for the purpose of providing in-kind mitigation for unavoidable impacts to wetlands within watersheds of the Cape Fear River Basin, CU 03030004. We thank you in advance for your timely response and cooperation. Please feel free to contact the below referenced Project Manager with any questions that you may have concerning the extent of site disturbance associated with this project. Yours truly, Restoration Systems, LLC JD Hamby Project Manager ihambv@restorationsytems.com 919-755-9490 Attachments: Location and USGS Map North Carolina Wildlife Resources Commission n Gordon Myers, Executive Director July 12, 2018 JD Hamby Restoration Services, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Subject: Request for Environmental Information for the Arabia Bay Wetland Mitigation Project, Hoke County, North Carolina. Dear Mr. Hamby, Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the proposed project description. Comments are provided in accordance with certain provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.). Restoration Systems, LLC has developed the Arabia Bay Wetland Mitigation Project for the NC Division of Mitigation Services. Proposed work includes restoring non -riparian wetlands in existing row crops and forested areas. This project will provide in-kind mitigation for unavoidable impacts to wetlands within watersheds of the Cape Fear River Basin, CU 03030004. The project area is located east of the intersection of Arabia and L.A. Sandy Roads, east of Raeford. Wetland restoration projects often improve water quality and aquatic habitat. In addition, wetland areas play an important role in flood and pollutant control. Lastly, they improve aquatic and terrestrial habitats and provide refuge and travel corridors for wildlife species. The NCWRC recommends the use of biodegradable and wildlife -friendly sediment and erosion control devices. Silt fencing, fiber rolls and/or other products should have loose -weave netting that is made of natural fiber materials with movable joints between the vertical and horizontal twines. Silt fencing and similar products that have been reinforced with plastic or metal mesh should be avoided as they impede the movement of terrestrial wildlife species. Excessive silt and sediment loads can have detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of eggs and clogging of gills. Any invasive plant species that are found onsite should be removed. Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 July 12, 2018 Scoping — Arabia Bay Wetland Mitigation Project Thank you for the opportunity to review and comment on this project. If I can be of further assistance, please contact me at (910) 409-7350 or gabriela.garrison(cr�,ncwildlife.org. Sincerely, Gabriela Garrison Eastern Piedmont Habitat Conservation Coordinator Habitat Conservation Program May 18th, 2018 Milton Cortes USDA Natural Resources Conservation Service 4407 Bland Road Suite 117 Raleigh, NC 27609 Re: Arabia Bay Wetland Mitigation Site, Hoke County, NC Restoration Systems, LLC (RS), of Raleigh, NC has been awarded a contract by DMS to provide 16 Wetland Mitigation Units at the Arabia Bay Wetland Mitigation Site in Hoke County, North Carolina. One of the earliest tasks to be performed by RS is completion of an environmental screening and preparation/submittal of a Categorical Exclusion (CE) document. This document is specifically required by the Federal Highway Administration (FHWA) to ensure compliance with various federal environmental laws and regulations. DMS must demonstrate that its projects comply with federal mandates as a precondition to FHWA reimbursement of compensatory mitigation costs borne by the North Carolina Department of Transportation to offset its projects' unavoidable impacts to streams and wetlands. In order for the project to proceed, RS is obligated to coordinate with the NRCS to complete Form AD -1006 in compliance with the Farmland Protection Policy Act on behalf of the FHWA. The purpose of this letter is to request your assistance in completion of the Form. Project Location & Description The Site is characterized by agricultural fields utilized for row crop production. All Site hydrology drains through a ditch network to Rockfish Creek, located less than 1 mile north of the Site. The Site is entirely encompassed within a Carolina bay that has been ditched/drained, cleared of vegetation, and is maintained for row crop production. The proposed conservation easement area includes the entire margins of the Carolina bay floor and is approximately 16.0 acres in size. The Site is located in the Atlantic Southern Loam Plains portion of the Southeastern Plains ecoregion of North Carolina. Regional physiography is characterized by dissected irregular plains, some smooth plains; broad interstream divides and mostly gentle side slopes dissected by numerous small, low to moderate gradient sandy bottomed streams (Griffith et al. 2002). Onsite elevations are nearly level averaging 220 feet National Geodetic Vertical Datum (NGVD) (USGS Raeford, North Carolina 7.5 -minute topographic quadrangle) (Figure 3, Appendix A). The Site is situated in a Carolina bay that has been cleared, drained, and farmed (Figure 3, Appendix A). The bay is an isolated depression surrounded by sand rims along the northwest and southeast margins. Surrounding the bay are rural residential properties, timber tracts, and additional row crops. Land use at the Site is characterized entirely by agricultural row crops. Herbaceous vegetation and a few shrubby species grow within the ditches, which are regularly maintained by bush hogging and herbicide application. Restoration Means & Methods The Arabia Bay Wetland Mitigation Site has been identified for the purpose of providing in-kind mitigation for unavoidable wetland impacts. Alternatives for wetland reestablishment are designed to restore a fully functioning wetland system, which will provide surface water storage, nutrient cycling, removal of imported elements and compounds, and will create a variety and abundance of wildlife habitat. Portions of the Site underlain by hydric soils have been impacted by clearing of vegetation, ditch network installation, agriculture plowing, row crop production, herbicide application, and other land disturbances associated with land use management. Wetland reestablishment options should focus on the restoration of vegetative communities, restoration of historic groundwater tables by filling ditches, and the reestablishment of soil structure and microtopographic variations. These activities will result in the reestablishment of 16.0 acres of jurisdictional, nonriparian wetlands. Restoration of pocosin vegetation allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. In addition, viable pocosin communities will improve system biogeochemical function by filtering pollutants from overland and shallow subsurface flows and providing organic materials. Variations in vegetative planting will occur based on topography and hydraulic condition of soils. Vegetative species composition will be based on RFEs, site specific features, and community descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990). Community associations to be utilized include: 1) Bay Forest and/or 2) Small Depression Pocosin. However, a natural component of a Carolina bay includes shallow open water areas that harbor vernal pools and freshwater marsh. Bare -root seedlings within the Bay Forest/Small Depression Pocosin will be planted at a density of approximately 680 stems per acre on 8 -foot centers. Planting will be performed between November 15 and March 15 to allow plants to stabilize during the dormant period and set root during the spring season. Should you have any questions or if any additional information is needed to complete the Form, please feel free to contact meat the office 919.334.9111. Your valuable time and cooperation are much appreciated. Yours truly, RESTORATION SYSTEMS, LLC rel JD Hamby Project Manager jhamby@restorationsytems.com 919-334-9111 Attachments- Location and Condition Maps AD -1006 Form John Hamby From: Cortes, Milton - NRCS, Raleigh, NC <Milton.Cortes@nc.usda.gov> Sent: Sunday, June 24, 2018 3:09 PM To: John Hamby Subject: RE: Request Farmland Impact Evaluation -Stream and Wetland Mitigation Sites Attachments: Arabia Bay Wetland Restoration Site_AD1006.pdf, Phantom Mill_AD1006.pdf, Shaws Run_AD1006.pdf, Slingshot Restoration Site_AD1006.pdf Importance: High Follow Up Flag: Follow up Flag Status: Completed John Please find attached the Farmland Conversion Impact Rating forms, AD1026, for: Arabia Bay Wetland Rest Hoke Co. Phantom Mill Stream & Wet Rest Alamance Co. Shaw's Run Stream & Wet Rest Columbus Co. Slingshot Stream & Wet Rest Rockingham Co. Please let us know if we can be of further assistance. Cordially: Milton Cortes Acting State Soil Scientist Natural Resources Conservation Service 4407 Bland Rd, Suite 117 Raleigh, NC 27609 Phone: 919-873-2171 milton.cortes(@nc.usda.eov USDA 2 This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 5/18/18 Name Of Project Arabia Bay Wetland Restoration Site Federal Agency Involved Federal Highway Administration Proposed Land Use Stream and Wetland Restoration County And State Hoke Co., NC PART II (To be completed by NRCS) Date Request Received By NRCS 5/18/18 Does the site contain prime, unique, statewide or local important farmland? Yes No (If no, the FPPA does not apply -- do not complete additional parts of this form). 0 ❑ Acres Irrigated none Average Farm Size 212 acres Major Crop(s) CORN Farmable Land In Govt. Jurisdiction Acres: 252,166 acres % 60 Amount Of Farmland As Defined in FPPA Acres: 219,627 acres %52 Name Of Land Evaluation System Used Cumberland Co. NC LESA Name Of Local Site Assessment System N/A Date Land Evaluation Returned By NRCS 6/24/18 PART III (To be completed by Federal Agency) Alternative Site Rating Site A Site B Site C Site D A. Total Acres To Be Converted Directly 16.0 B. Total Acres To Be Converted Indirectly 0.0 C. Total Acres In Site 16.0 0.0 0.0 0.0 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland 1.5 B. Total Acres Statewide And Local Important Farmland 0.0 C. Percentage Of Farmland In County Or Local Govt. Unit To Be Converted 0.00070 D. Percentage Of Farmland In Govt. Jurisdiction With Same Or Higher Relative Value 59.8 PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value Of Farmland To Be Converted (Scale of 0 to 100 Points) 12 0 0 0 PART VI (To be completed by Federal Agency) Site Assessment Criteria (These criteria are explained in 7 CFR 658.5(b) Maximum Points 1. Area In Nonurban Use 15 10 2. Perimeter In Nonurban Use 10 10 3. Percent Of Site Being Farmed 20 19 4. Protection Provided By State And Local Government 20 0 5. Distance From Urban Builtup Area 15 5 6. Distance To Urban Support Services 15 5 7. Size Of Present Farm Unit Compared To Average 10 4 8. Creation Of Nonfarmable Farmland 10 0 9. Availability Of Farm Support Services 5 5 10. On -Farm Investments 20 15 11. Effects Of Conversion On Farm Support Services 10 0 12. Compatibility With Existing Agricultural Use 10 1 TOTAL SITE ASSESSMENT POINTS 160 74 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 12 0 0 0 Total Site Assessment (From Part VI above or a local site assessment) 160 74 0 0 0 TOTAL POINTS (Total of above 2lines) 260 86 0 0 0 Site Selected: 7DateOf Selection Was A Local Site Assessment Used? Yes ❑ No ❑ Reason For Selection: (See Instructions on reverse side) Form AD -1006 (10-83) This form was electronically produced by National Production Services Staff • May 18th, 2018 Renee Gledhill -Earley, Environmental Review Coordinator North Carolina State Historic Preservation Office 109 East Jones Street Raleigh, NC 27699-4617 Sent electronically to Environmental. Review@ncdcr.gov Re: Arabia Bay Wetland Mitigation Project, Hoke County, NC Dear Renee, The purpose of this letter is to request written concurrence from the State Historic Preservation Office (SHPO) for the Arabia Bay Wetland Mitigation Project in Hoke County, a Full -Delivery project for the N.C. Davison of Mitigation Services. Please review and comment on any possible issues that might emerge with respect to SHPO from a potential stream restoration project depicted on the attached mapping. Project Name: Arabia Bay Wetland Mitigation Project Project Location: 3941 Arabia Rd, Raeford, NC 28376 Project Contact: JD Hamby, Restoration Systems LLC, 1101 Haynes St. Suite 211, Raleigh, NC 27604 Project Description: The project has been identified for the purpose of providing in-kind mitigation for unavoidable stream channel and wetland impacts. Permits from the NC DWR and USACE will be obtained to restore waters of the US. Soil and erosion control permits will also be obtained. The project encompasses 16.01 acres of drain hydric soils, currently used for row crops. Approximately 16 acres of non -riparian wetland will be restored. The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site significance are made with reference to the eligibility criteria of the National Register (36 CFR 60) and in consultation with the North Carolina State Historic Preservation Office (SHPO). Field visits were conducted in March 2017 to conduct evaluations for presence of structures or features that may be eligible for the National Register of Historic Places. No structures were identified within the Site boundaries that may be eligible for the National Register. In addition to field reviews for historically relevant structures, a records search was conducted at the SHPO office to determine if documented occurrences of historic structures or artifacts occur within, or adjacent to the Site. The SHPO records identify no features within the Site boundaries and no features within a 1.0 mile radius of the Site. Typical SHPO coordination will occur prior to construction activities to determine if any significant cultural resources are present; however, no constraints are expected at this time. We thank you in advance for your timely response and cooperation. Please feel free to contact me with any questions that you may have concerning the extent of site disturbance associated with this project. Yours truly, RESTORATION SYSTEMS, LLC l JD Hamby Project Manager jhamby@restorationsytems.com 919-755-9490 Attachments — USGS Map, Existing Conditions btu. STATE,, North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton June 18, 2018 JD Hamby Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Office of Archives and History Deputy Secretary Kevin Cherry Re: Arabia Bay Wetland Mitigation Project, 3941 Arabia Road, Raeford, Hoke County, ER 18-1207 Dear Mr. Hamby: Thank you for your letter of May 18, 2018, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �fKRamona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 Regulatory review Tre IPaC regu:atory review process helps evaluate the potentia~ impacts of your project on r esources managed by the U.S. Fish and Wildlife Service_ It walks through r egulations covering earn protected resource, and offers suggesdans and assistance in designing your project_ Endangered species Endangered species are protected under the Endange-ed Species Act y 6 en€langered species are known to -occur or maybe affected by activltles In this location. request an ofFcial species list Arc official species list was Sener9ted about a month ago. }valuatedeterminatio^ keys There are no determfna6on Keys available in this pr-Dject area_ Make effect determinations i=or each Iisred species in tyre project area, a deteirnination must be made regarding the potentiar effects of this project. Migratory b i''d s Certain birds ace protected urrder rise M gratory Bird Treaty Act 2 and the Bald and Golden Eagle P{vteftion Act 3 . Z migratory. birds of conservation concern are expected to occur or may be affected by activfties in this location. Contact the local U.S. Fish and Wildlife Service field office There is currently no regu:amry review process in iPaC for migratory birds_ Please contact the local U5. F`sh and Wildlife Service fiehd office to evaluate effects and authorize take_ FaciRies O.S. Fish and Wild:ife Service facilites are protected under toe National VVMIife Refuge 5ysrem Administration Act 4 and the Natio-ml Fish Hatchery System 5 _ .F�k+ISE TEFL;G=S OR F!- - G. -E�cIES {� I weTlands Wetlands and other aquatic habitats may be subject to reg-Uratioa under Sec -Zion 44 of the Clean Water Act 4 , or other StatelFederaI statutes. 0-4ERE ARE NID P CVYN IXETLAN :�= A71 —r!S LOCA .7 0 -NL Regulatory review Endangered species Species determinations Species determinations For lisced species 1 net covered by determination keys, an impact analysis should be performed to reach a conclusion about how this projeccmII impact the species. These conclusions will result in dererminations for each species, which will be used in consultation with the U.S. Fish and Wildlife Service. Bi rds 4AM DE ERIC';NAT:C'w Red -cockaded Woodpecker None Picoides borealis Reptiles -% = DETERIJINATIO%; American Alligator None =:o- mississippiensis Insects Y = DETERLMNATIO4 Saint Francis' Sayr Butterly Alone N eorrym ph a fra r c isci Flowering Plants 'l A.• __ OErERWNATO.'; American Chaffseed None 5ch"IlDea americana Michaux's Sumac hone Rhus michauxii Rough -leaved Loosestrife hone Lysimachia asperulaefolia Critical habitats c.s_ Table 3. Threatened and Endangered Species Species Potential Biological Federal Status Habitat Habitat at Site Conclusion American alligator (Alligator mississippiensis) Found in rivers, streams, canals, lakes, No Not Required Threatened due to Similarity swamps, and coastal marshes. of Appearance Red -cockaded woodpecker Open stands of pine containing trees 60 (Picoides borealis) years or older for nesting and roosting. No No Effect Endangered Cavity excavation occurs in living pine trees. Saint Francis' Satyr (Neonympha mitchellii) Occurs only in the sandhills of North No No Effect Carolina in Hoke and Cumberland Counties. Endangered Occurs in sandy (sandy peat, sandy loam), acidic, seasonally moist to dry soils. American chaffseed Generally found in habitats described as (Schwalbea americana) open, moist pine flatwoods, fire -maintained No No Effect Endangered savannas, ecotonal areas between peaty wetlands and xeric sandy soils, and other open grass -sedge systems. Michaux's sumac Occurs in sandy or rocky open woods in (Rhus michauxii) No No Effect association with basic soils Endangered Six federally protected species are listed as occurring in Hoke County (USFWS 2018); the above table summarizes potential habitat and preliminary biological conclusions for each. 4, United States Department of the Interior�"'� FISH AND WILDLIFE SERVICE ` Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2018-SLI-0761 Event Code: 04EN2000-2018-E-01663 Project Name: Arabia Bay May 18, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 etseq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 05/18/2018 Event Code: 04EN2000-2018-E-01663 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws. og v/mi rgratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 05/18/2018 Event Code: 04EN2000-2018-E-01663 Attachment(s): • Official Species List 05/18/2018 Event Code: 04EN2000-2018-E-01663 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 05/18/2018 Event Code: 04EN2000-2018-E-01663 Project Summary Consultation Code: 04EN2000-2018-SLI-0761 Event Code: 04EN2000-2018-E-01663 Project Name: Arabia Bay Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: This proposal describes the Arabia Bay Wetland Mitigation Site (Site) and is designed specifically to assist in fulfilling North Carolina Department of Environment and Natural Resources (NCDENR) Division of Mitigation Services (NCDMS) mitigation goals. The Site is located within 14 -digit Cataloging Unit and Targeted Local Watershed 03 03 000415 0011, approximately 4.5 miles southeast of Raeford, NC and northeast of the intersection of Arabia Road (SR 1003) and LA Sandy Road (Figures 1 and 2, Appendix A). The Site is not located within a Local Watershed Planning area. The Site is proposed to include 16.0 acres of reestablished non -riparian wetlands. Site alterations include the cessation of row crop production, restoration of wetlands, and planting native, woody vegetation within the entire 16.01 -acre Site easement. Mitigation outlined in this report will result in net gains in hydrology, water quality, and habitat functions, and are designed to provide 16.0 Non -riparian Wetland Mitigation Units. Construction and planting will occur outside of the growing season during the winter months. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.aoogle.com/m!ips/Tlace/34.9566499476421 IN79.13785335625643W 2 05/18/2018 Event Code: 04EN2000-2018-E-01663 14IIJ4 Q Counties: Hoke, NC 4 v 05/18/2018 Event Code: 04EN2000-2018-E-01663 4 Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws. oe v/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: htips:Hecos.fws. og v/ecp/species/776 (Threatened) Insects NAME STATUS Saint Francis' Satyr Butterfly Neonympha mitchellii francisci Endangered No critical habitat has been designated for this species. Species profile: hiips:Hecos.fws. og v/ecp/species/5419 05/18/2018 Event Code: 04EN2000-2018-E-01663 Flowering Plants NAME STATUS American Chaffseed Schwalbea americana Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws. og v/ecp/species/1286 Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws. og v/ecp/species/5217 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws. og v/ecp/species/2747 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S JURISDICTION. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 July 6, 2018 Kim Browning U.S. Army Corps of Engineers, Wilmington District Mitigation Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 2.7587 Re: Arabia Bay Wetland Mitigation Site / SAW -2018-01151/ Hoke County Dear Mrs. Browning: The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the activity as described in the permit application. In accordance with the Endangered Species Act of 1973, as amended; (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and.threatened species in North Carolina is now available on our website at <http://wtivw.fws.gov/raleigh>. Our web page contains a complete and updated list of federally protected species, and a list of federal species of concern known to occur in each county in North Carolina. The Service appreciates the opportunity to review and provide comments on the proposed action. Should you have any questions regarding the project, please contact Kathy Matthews at (919) 856-4520, extension 27. Xe crly, e Be min, �I Field Supervisor cc: NMFS, Beaufort, NC EPA, Atlanta, GA WRC, Raleigh Arabia Bay 3941 Arabia Road Raeford, NC 28376 Inquiry Number: 5328451.2s June 11, 2018 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR` Toll Free: 800.352.0050 www.edrnet.com FORM -PBA -CCA 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 3941 ARABIA ROAD RAEFORD, NC 28376 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 34.9570000 - 34" 57'25.20" 79.1379000 - 79° 8' 16.44" Zone 17 670022.8 3869660.5 217 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5946403 RAEFORD, NC Version Date: 2013 East Map: 5946401 PARKTON, NC Version Date: 2013 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20140517 Source: USDA TC5328451.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY Target Property Address: 3941 ARABIA ROAD RAEFORD, NC 28376 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION JACKSON'S CASH MART 4100 ARABIA ROAD LUST Higher 1686, 0.319, SSE 5328451.2s Page 2 EXECUTIVE SUMMARY LUST: The Leaking Underground Storage Tank Incidents Management Database contains an inventory of reported leaking underground storage tank incidents. The data come from the Department of Environment, & Natural Resources' Incidents by Address. A review of the LUST list, as provided by EDR, and dated 02/02/2018 has revealed that there is 1 LUST site within approximately 0.5 miles of the target property. Equal/Higher Elevation Address JACKSON'S CASH MART 4100 ARABIA ROAD Incident Phase: Closed Out Incident Number: 13285 Current Status: File Located in Archives Direction / Distance Map ID Page SSE 1/4 - 1/2 (0.319 mi.) 1 8 TC5328451.2s EXECUTIVE SUMMARY 7 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5328451.2s EXECUTIVE SUMMARY 8 OVERVIEW MAP - 5328451.2S SITE NAME: Arabia Bay CLIENT: Restoration Systems, LLC ADDRESS: 3941 Arabia Road CONTACT: JD Hamby Raeford NC 28376 INQUIRY #: 5328451.2s LAT/LONG: 34.957 / 79.1379 DATE: June 11, 2018 4:31 pm Copyright cg 2018 EDR, Inc. 0 2015 TomTom Rai. 2015. Target Property o Iia 1/2 1 Miles Sites at elevations higher than or equal to the target property Indian Reservations BIA 0 Hazardous Substance � Sites at elevations lower than Power transmission lines Disposal Sites the target property 100 -year flood zone A Manufactured Gas Plants 500 flood zone National Priority List Sites year Dept. Defense Sites National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Arabia Bay CLIENT: Restoration Systems, LLC ADDRESS: 3941 Arabia Road CONTACT: JD Hamby Raeford NC 28376 INQUIRY #: 5328451.2s LAT/LONG: 34.957 / 79.1379 DATE: June 11, 2018 4:31 pm Copyright cg 2018 EDR, Inc. 0 2015 TomTom Rai. 2015. Appendix F Performance Bond Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 e PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Bond No. 106979588 KNOW ALL MEN BY THESE PRESENTS, that we, Restoration Systems, LLC as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of, North Carolina as Surety, are held and firmly bound unto North Carolina -Department of Environmental Qualiy — Division of Mitigation Services (Obligee), in the penal sum of t=our Hundred Thirteen Thousand Six Hundred Dollars ($413,600.00), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Contract with the above named Obligee, effective the 9th day of April, 2018 for Arabia_ Bay Non-Riyerine Wetland Mitigation Site in the Cape Fear River Basin, Cataloging Unit 03030004 (Contract _7529) -per R_FP-16- 007332 and more fully described in said Contract, a copy of which is attached, which Contract is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition: Notwithstanding the provisions of the Contract, this bond will commence on the date of approval of the Arabian Bay Non- Riverine Wetland Mitigation Site Mitigation Plan and will remain in effect until the Principal has received written notification from the North Carolina Department of Environmental Quality - Division of Mitigation Services that the requirements of Task 6 (Submittal of Baseline Monitoring Report) have been met, but may be extended by the Surety at its sole option by Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all Continuation Certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 19th day of February . 2019. ;� 9. -.0 1,%.e '--, ::� Witness 4 Witness Agreed and acknowledged this _ day of , 2018 By: S-5025 (08-99) Travelers Casualty and Surety Company of America JW4 0. KA kltt NgK- Julia C. McElligott, Attorn -in-Fact Obligee McGriff Insurance Services 4309 Emperor Blvd Suite 300 Durham, NC 27709 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER :ftk POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230519 Certificate No. 007077194 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Angela B. Britt, Richard V. Haar Jr., Phoebe C. Honeycutt, Kenneth J. Peeples, Heather Burroughs, Neil B. Biller, Bobbi D. Pendleton, Christopher A. Lydick, Julia C. McElligott, Adam Pfanmiller, and Jason Lee Sayers of the City of Durham , State Of. North Carolina , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of December 2QI.d State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 21 st St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company I ARTFORD, n Di., 7 Hca�S jtl may... �.-•'r'i°n q� i apt' �F+ . yT` A!T AIH By: Y Robert L. Raney, Senior Vice President On this the 21st day of December 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 07(9;,�Oplk In Witness Whereof, I hereunto set my hand and official seal.My Commission expires the 30th day of June, 2021. 58440-5-16 Printed in U.S.A. RED Marie C. Tetreault, Notary Public Appendix G Site Protection Instrument Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT COUNTY SPO File Number: DMS Project Number: Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this day of , 20_, by Landowner name goes here , ("Grantor"), whose mailing address is Landowner address goes here , to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of 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. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et ag ., the State of North Carolina has established the Division of Mitigation Services (formerly known as the Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 1 of 11 protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between ( insert name and address of full delivery contract provider ) and the North Carolina Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environmental Quality Purchase and Services Contract Number WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU referenced above; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, the Division of Mitigation Services in the Department of Environmental Quality, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 2 of 11 WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Township, County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page of the County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of if known insert name of stream, branch, river or waterway here. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Conservation Easement Area consists of the following: Tracts Number containing a total of acres as shown on the plats of survey entitled "Final Plat, Conservation Easement for North Carolina Division of Mitigation Services, Project Name: , SPO File No. , EEP Site No. , Property of ," dated , 20 by name of surveyor, PLS Number and recorded in the County, North Carolina Register of Deeds at Plat Book Pages See attached "Exhibit A", Legal Description of area of the Property hereinafter referred to as the "Conservation Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 3 of 11 II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of non-native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 4 of 11 All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. I. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 5 of 11 III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, receive a perpetual Right of Access to the Conservation Easement Area over the Property at reasonable times to undertake any activities on the property to restore, construct, manage, maintain, enhance, protect, and monitor the stream, wetland and any other riparian resources in the Conservation Easement Area, in accordance with restoration activities or a long-term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservations easements damages the investment and can result in reductions in natural resource value and mitigation credits which would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if such repairs are needed as a result of activities of the Grantor, his successors or assigns. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 6 of 11 power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. 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 is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law 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. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. 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 Conservation Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. V. MISCELLANEOUS A. 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. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. 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 provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 7 of 11 obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. 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. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if 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 purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and General Counsel US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. 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. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 8 of 11 VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 9 of 11 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) NORTH CAROLINA COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 20_. Notary Public My commission expires: NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 10 of 11 Exhibit A [INSERT LEGAL DESCRIPTION] NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 11 of 11 Appendix H Credit Release Schedule Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 The standard release schedule for ILF credits generated through wetland mitigation projects has been modified to meet the new standards for the monitoring timeframes provided in this guidance document. The schedules below list the updated credit release schedules for wetland mitigation projects developed by ILF sites in North Carolina: Arabia Bay Wetland Mitigation Site Credit Release Schedule and Milestones Credit ILF/NCDMS Release Milestone Release Activity Interim Release Total Released Site Establishment (includes all required criteria 1 stated above) 0% 0% Completion of all initial physical and biological improvements made pursuant to the Mitigation 30% 30% 2 Plan Year 1 monitoring report demonstrates that 3 interim performance standards have been met o 10% 0 40/o Year 2 monitoring report demonstrates that 4 interim performance standards have been met o 10/0 50% Year 3 monitoring report demonstrates that 5 interim performance standards have been met o 15% 0 65/o Year 4 monitoring report demonstrates that 6 interim performance standards have been met o 5 /0 0 70/o Year 5 monitoring report demonstrates that 7 interim performance standards have been met ° 15% 85% Year 6 monitoring report demonstrates that 8* interim performance standards have been met o 5 /0 0 90/o Year 7 monitoring report demonstrates that 9 performance standards have been met o 10% 100 0 /o *Please note that vegetation plot data may not be required with monitoring reports submitted during these monitoring years unless otherwise required by the Mitigation Plan or directed by the NCIRT. 31 Appendix I Maintenance Plan Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Maintenance Plan The Site shall be monitored on a regular basis and a physical inspection of the site shall be conducted a minimum of once per year throughout the post -construction monitoring period until performance standards are met. These Site inspections may identify Site components and features that require routine maintenance. Routine maintenance should be expected most often in the first two years following site construction and may include the following: Component/Feature Maintenance through project close-out Vegetation shall be maintained to ensure the health and vigor of the targeted plant community. Routine vegetation maintenance and repair activities may include supplemental planting, pruning, mulching, and fertilizing. Exotic invasive Vegetation plant species shall be controlled by mechanical and/or chemical methods. Any vegetation control requiring herbicide application will be performed in accordance with NC Department of Agriculture (NCDA) rules and regulations. Site boundaries shall be identified in the field to ensure clear distinction between the mitigation site and adjacent properties. Boundaries may be identified by Site Boundary fence, 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. Terracell Drop Routine maintenance and repair activities may include removal of debris and supplemental installation of live stakes and other target vegetation along the Structure channel. Undermining of the structure may require repair or replacement. Appendix J Construction Plans Erosion Control Plan Structure Details Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 H0 0 U O U VICINITY MAP Not to Scale CONSTRUCTION PLANS z ARABIA BAY SITE LOCATION: HOKE COUNTY, NORTH CAROLINA IZ �D TYPE OF WORK: WETLAND RESTORATION AND MITIGATION (CLEARING, GRUBBING, GRADING, AND EROSION CONTROL) THESE EROSION AND SEDIMENT CONTROL PLANS COMPLY WITH THE REGULATIONS SET FORTH BY THE NCG-010000 GENERAL CONSTRUCTION PERMIT EFFECTIVE AUGUST 1, 2016 ISSUED BY THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY - DIVISION OF WATER RESOURCES. 7 BTA'IS QI'ATB P-- RBPBRBNCB Na SHEET TO� NeC, ARABIA BAY SITE ]� DWR PROJECT #2018-0784 INDEX OF SHEETS: 1 2 — 26 3 4 5 6 TITLE SHEET DETAILS NOTES MITIGATION PLAN OVERALL MITIGATION PLAN VIEW—IN PLANTING PLAN LIMITS OF CONSTRUCTION: 17.4 ACRES M DO C' DOCUMENT NOT CONSIDERED FINAL Q UNLESS ALL SIGNATURES COMPLETED Z DeS19-d By. Prepared In the Office of: Axiom Ernlronmenta/ SUNGATE DESIGN GROUP, P.A. 218 Snow Ave ., '' Ro/e1g NC 27603 905 JONES FRANKLIN ROAD h RALEIGH, NORTH CAROLINA 27606 TEL (9859- 243 GRANT LEWIS �1'�� ENG FZ LICENSE NO. C-890 Axiom Environmental, Inc. PROJECT DESIGNER Restoration Systems 1101 Haynes St. Suite 211 JOSHUA G. DALTON, P.E. Ra/ei9t%NC 27604 PROJECT ENGINEER WORTH CREECH SITE CONSTRUCTION MANAGER WATER SURFACE ELEVATION TR TERRACELL 8 IN TERRACELL SYNTHETIC GEOGRID DROP STRUCTURE -TERRACELL BR TERRACELL ------------- GEOTEXTILE FABRIC PROFILE ARMORED POOL (SEE NOTES) TERRACELL STRUCTURE NOTES: 1. CONTRACTOR WILL INSTALL 8 -INCH TERRACELL SYNTHETIC GEOGRID AS PER THE MANUFACTURER'S SPECIFICATIONS. 2. THE POOL AT THE BOTTOM OF THE DROP STRUCTURE WILL BE ARMORED WITH GEOTEXTILE FABRIC AND SUITABLE NATURAL BED MATERIAL. 3. NATURAL BED MATERIAL IS DEFINED AS MATERIAL OBTAINED FROM STOCKPILES AT THE SITE RANGING IN SIZE FROM 5" - 17" AVERAGE DIAMETER WITH THE MAJORITY OF MATERIAL HAVING 10" AVERAGE DIAMETER, OR EQUIVALENT MATERIAL. DRIVEWAY TYPICAL 8" 10, 6:1 .02 6.1, 0 00 0000 0 000 000 0000 �o 00 Qo o �o �oo �o .o �o � 3" DECOMPOSED GRANITE SCREENINGS (CRUSF-VRUN) 5" CLASS 'A' RIP RAP 1 8 IN TERRACELL SYNTHETIC GEOGRID GEOTEXTILE FABRIC CROSS-SECTION SHEET NAME I SHEET NUMBER DETAILS 1 2 PROJECT NAME ARABIA BAY WETLAND RESTORATION AND MITIGATION SITE COUNTY: HME I DATE: 2019 SUNGATE DESIGN GROUP, P.A. .' 905 JONES FRANKLIN ROAD RALEIGH, NORTH CAROLINA 27606 \I I/ TEL (919) B59-2243 - - ENG FIRM LICENSE NO. C-890 Axiom Environmental, Inc. TERRACELL STRUCTURE NOTES: 1. CONTRACTOR WILL INSTALL 8 -INCH TERRACELL SYNTHETIC GEOGRID AS PER THE MANUFACTURER'S SPECIFICATIONS. 2. ONCE THE SYNTHETIC GEOGRID HAS BEEN INSTALLED, GEOCELLS WILL BE BACKFILLED WITH GRAVEL AND TOPSOIL AND PLANTED WITH EROSION CONTROL GRASSES AND WILLOW STAKES (SAL/. -NIGRA. TOP AND BOTTOM STRAND - SHALL BE 10 GAUGE MIN. WIRE NOTES USE GEOTEXTILE A MINIMUM OF 36" IN WIDTH AND FASTEN ADEQUATELY TO THE POSTS AND WIRE AS DIRECTED. USE WIRE A MINIMUM OF 32" IN WIDTH AND WITH A MINIMUM OF 5 LINE WIRES WITH 12" VERTICAL SPACING. PROVIDE 5'-0" STEEL POST OF THE SELF -FASTENER ANGLE STEEL TYPE. FOR MECHANICAL SLICING METHOD INSTALLATION, GEOTEXTILE SHALL BE A MAXIMUM OF 18" ABOVE GROUND SURFACE. 8' MAX. WITH WIRE MAX. WITHOUT WIRE MIDDLE AND VERTICAL WIRES SHALL BE 121/2 GAUGE MIN. GEOTEXTILE GEOTEXTILE COMPACTED FILL C DATE: DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED 24" MAX. (18" MIN.) 8I„ I I I I I I I I I I L STEEL POST - 2'-0" DEPTH EXTENSION OF GEOTEXTILE AND WIRE INTO TRENCH z o� �Q a H U ool l w QZLLx a c3 o cs cox�zw O =o - Q oz rH �o 0 o W LL V c7 z z W 3 LL I. - _j H Q N o � z U)CC a r O IL o� Q W O 0 M C I NOTES USE NO. 5 OR NO. 57 STONE FOR SEDIMENT CONTROL STONE. VARIABLE DIMENSION ' * 4 �3ft ► 1/ WIRE MESH SEDIMENT CONTROL STONE z O Cn H Q ¢ Z 0�CJ LL O O c x z w¢zLLx Hx�zw � ooN¢ z x H d p uJ p USE HARDWARE CLOTH 24 GAUGE WIRE MESH 2 fit WITH 1/4 INCH MESH OPENINGS. 1 ft min 1 W v INSTALL 5 FT. SELF FASTENER ANGLE STEEL POST 2 FT. DEEP MINIMUM. LLI �LL. 0 ATTACH HARDWARE CLOTH TO POSTS WITH WIRE STAPLE OR OTHER ACCEPTABLE METHODS. J CD O SPACE POSTS A MAXIMUM OF 3 FT. H FOR INSTALLATION BETWEEN SECTIONS OF 1/ WIRE MESH ¢ Z O SILT FENCE, EXTEND SEDIMENT CONTROL p V STONE A MINIMUM OF 12" ON EACH SIDE OF SEDIMENT CONTROL STONE p SPECIAL SEDIMENT CONTROL FENCE SECTION. H 1 ft min 0 Z W WATER FLOW 2 , o E- u) W -1II III ;IILIII�II-III J STEEL POST - 2 ft DEPTH 0 Q ~ 1/4 WIRE MESH , _ c V 2 ft W D_ V) SHEET 1 OF 1 1606.01 SEDIMENT CONTROL STONE STRUCTURAL ST( FI nW PLAN NOTES USE CLASS B EROSION CONTROL STONE FOR STRUCTURAL STONE. USE NO. 5 OR NO. 57 STONE FOR SEDIMENT CONTROL STONE. 2/3 CHANNEL WIDTH1'MIN -I--1 V MIN 20° o I ;bp°° H 2' MIa° �" 12„ ------ SECTION B -B z o� �Q ooU"z - U O H x ~ -w 0 H L, O J 00fn¢ z H- CL � O Q iHEET 1 OF 1 1633.01 SHEET NAME I SHEET NUMBER DETAILS I 2A PROJECT NAME ARABIA BAY WETLAND RESTORATION AND MITIGATION SITE COUNTY: HOKE I DATE: 2019 SUNGATE DESIGN GROUP, P.A. .' WSJONESFRANKLINROAD RALEIGH, NORTH CAROLINA 27606 \I I/ TEL(919)859-2243 - - ENG FIRM LICENSE NO. C-890 Axiom Environmental, Inc. \\\\111111111/// \ Q) OII II111\\\\ DATE. DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED \„ Jc X04, NOTES 1. PROVIDE TURNING RADIUS SUFFICIENT TO ACCOMMODATE LARGE TRUCKS. 2. LOCATE ENTRANCES TO PROVIDE FOR UTILIZATION BY ALL CONSTRUCTION VEHICLES. 3. MUST BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR DIRECT FLOW OF MUD ONTO STREETS. PERIODIC TOPDRESSING WITH STONE WILL BE NECESSARY. 4. ANY MATERIAL TRACKED ONTO THE ROADWAY MUST BE CLEANED UP IMMEDIATELY. 5. LOCATE GRAVEL CONSTRUCTION ENTRANCE AT ALL POINTS OF INGRESS AND EGRESS UNTIL SITE IS STABILIZED. PROVIDE FREQUENT CHECKS OF THE DEVICE AND TIMELY MAINTENANCE. 6. NUMBER AND LOCATION OF CONSTRUCTION ENTRANCES TO BE DETERMINED BY THE ENGINEER. 7. USE CLASS 'A' STONE OR OTHER COARSE AGGREGATE APPROVED BY THE ENGINEER. 8. INSTALL CONSTRUCTION ENTRANCES IN A WAY TO PREVENT VEHICLES FROM BYPASSING CONSTRUCTION ENTRANCE LEAVING PROJECT SITE. NOTE: PLACE GEOTEXTILE FOR DRAINAGE BENEATH STONE NEW STREAMBANK SHALL BE TREATED AS SPECIFIED IN PLANS EXTEND CHANNEL BLOCK IN. OF BEYOND INVERT F EXISTING CHANNEL CHANNEL INVERT EXTEND CHANNEL BLOCK �✓ �� MIN. OF BEYOND LIMITS OF EXISTING CHANNEL PLAN VIEW MIN. LENGTH UNCOMPACTED BACKFILL 'OMPACTED 3ACKFILL FLOW �r COMPACTED BACKFILL SECTION B -B STREAM PLUG NOT TO SCALE Z o� �Q a LL LL0,—Z W QZLL= H=LLZw C0o0N¢ z rH �o 0 W 0 Z fn Q O p� LL c7 Z z UJ 3 Z oO Iy o O z CC -- N u) Z O V 3 o J O UJ cz: > Q 0: O 607.01 UNCOMPACTED BACKFILL 5' Min. 10' SECTION A -A 1.5' FINISH GRADE rr 0 Lu 2; r H COMPACTED BACKFILL IMPERVIOUS SELECT MATERIAL (SEE PROJECT SPECIAL PROVISIONS) NOTES: 1) CHANNEL BLOCK SHALL BE INSTALLED IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS. 2) BLOCK SHOULD BE INSTALLED AT THE INTERFACE BETWEEN EXISTING CHANNEL AND PROPOSED CHANNEL. 3) BOTTOM OF BLOCK SHOULD BE A MINIMUM OF BELOW THE INVERT OF THE EXISTING CHANNEL. 4) BLOCK SHOULD EXTEND A MINIMUM OF BEYOND THE LIMITS OF THE EXISTING STREAM CHANNEL. 5) INSTALL EROSION CONTROL MATTING AND SEED IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS IMMEDIATELY AFTER GRADING. 6) COMPACT BACKFILL TO EXTENT POSSIBLE OR AT THE DIRECTION OF THE ENGINEER. SHEET NAME I SHEET NUMBER PROJECT NAME: / A Axiom Environmental, Inc. COUNTY: HOKE I DATE: 2019 SUNGATE DESIGN GROUP, P.A. 101 905 JO NESFRANKLINROAD RALEIGH, NORTH CAROLINA 27606 \I I/ TEL (919) B59-2243 - _ - ENG FIRM LICENSE NO. C-890 DATE. DOCUMENT NOT CONSIDERED FINAL I UNLESS ALL SIGNATURES COMPLETED EROSION CONTROL CONSTRUCTION 1) Obtain grading permit. 2) Install temporary construction entrance, silt fencing, access roads, and other measures shown on the approved erosion and sedimentation control plan. 3) Install rain gage on site. Contractor shall provide a log book at the project site and shall read and record rain amounts at the same time each day. 4) Contact local Soil Erosion Authority or State for on-site inspection by Environmental Inspector and obtain certificate of compliance. 5) Begin clearing - maintain devices as necessary. 6) Begin channel fill in - stockpile waste material in designated spoil areas and surround with silt fencing. 7) Temporary or permanent ground cover stabilization shall occur within 7 calendar days from the last land -disturbing activity, with the following exceptions in which temporary or permanent ground cover shall be provided within 14 calendar days from the last land -disturbing activity: • Slopes between 2:1 and 3:1, with a slope length of 10 feet or less • Slopes 3:1 or flatter, with a slope length of 50 feet or less • Slopes 4:1 or flatter 8) Roughen the soil using disc plow method, not deep ripping. 9) All graded areas must be seeded, mulched, and matted at the end of each day. For this reason, daily disturbance is limited to the length of ditch that can be completed within daily work hours. 10) Once a existing channel fill in section is stabilized, water may be reintroduced to the channel. 11) When construction is complete and all areas are stabilized completely, call for inspection by Environmental Inspector. 12) If site is approved, remove silt fencing, other measures, etc. and seed out any resulting bare areas. 13) When vegetation has been established, call for final site inspection by Environmental Inspector. SEEDING SCHEDULE TEMPORARY HERBACEOUS SEED Common Name Scientific Name Application Rate Application Dates 7 DAYS NONE 130 lbs. per acre 7 DAYS Grain Rye ^ Secale cereale 7 DAYS Year-round Indian grass Sorghastrum nutans (3 lbs. per 1,000 ft') SLOPES 3:1 OR FLATTER 14 DAYS 7 DAYS FOR SLOPES GREATER THAN 50'IN 15 lbs per acre Schizachyrium scoparium Orchard Grass B Dactylis glomerata 14 DAYS September - March Purple -top Tridens flavus (0.35 lbs. per 1,000 It) Switch grass Panicum virgatum 10% 40 lbs. per acreMay Elymus virginicus Brown Top Millet B Panicum ramosum (1.0 lbs. per 1,000 It) — September 25 lbs. per acreMay German Millet B Setaria Italica —September (0.5 lbs. per 1,000 It) Primarily utilized on disturbed or stockpiled areas. s Primarily utilized near stream channels and streambanks. SITE DESCRIPTION STABILIZATION TIME TIMEFRAME EXCEPTIONS PERIMETER DIKES, SWALES, DITCHES AND SLOPES 7 DAYS NONE HIGH DUALITY WATER (HOW) ZONES 7 DAYS NONE SLOPES STEEPER THAN 3:1 7 DAYS IF SLOPES ARE 10° OR LESS IN LENGTH AND ARE Indian grass Sorghastrum nutans NOT STEEPER THAN 2:1,14 DAYS ARE ALLOWED. SLOPES 3:1 OR FLATTER 14 DAYS 7 DAYS FOR SLOPES GREATER THAN 50'IN Little Bluestem Schizachyrium scoparium LENGTH. ALL OTHER AREAS WITH SLOPES FLATTER THAN 4:1 14 DAYS NONE, EXCEPT FOR PERIMETERS AND HOW ZONES. L M I SEEDING SCHEDULE PERMANENT HERBACEOUS SEED SHEET NAME SHEET NUMBER PROJECT NAME: ARABIA BAY WETLAND RESTORATION AND MITIGATION SITE COUNTY: HOKE I DATE: 2019 SUNGATE DESIGN GROUP, P.A. . ' 905 JONES FRANKLIN ROAD RALEIGH, NORTH CAROLINA 27606 \I I/ TEL let 9)859-2243 - - ENG FIRM LICENSE NO. C-890 Axiom Environmental, Inc. DATE: DOCUMENT NOT CONSIDERED FINAL I UNLESS ALL SIGNATURES COMPLETED Permanent herbaceous seeds containing a custom mix of the following forbs and grasses will be used from within the bankfull channel to the limits of the riparian buffer. The application timeframe for the mix is March through June and the minimum rate is 30 lbs/acre. This mix will also be used to plant the staging and stockpile areas and any other areas as directed by the designer. Common Name Scientific Name Mix Percentage Big Bluestem Andropogon gerardii 15% Deer tongue Dichanthelium clandstinum 10% Gama grass Tripsicum dactyloides 10% Indian grass Sorghastrum nutans 10% Lance leaftickseed Coreopsis lanceolata 5% Little Bluestem Schizachyrium scoparium 10% Partridge pea Chamaecrista fasciculate 5% Purple -top Tridens flavus 10% Switch grass Panicum virgatum 10% Virginia wild rye Elymus virginicus 15% Total 100% 01 l f\\ / // " 2 50' 25' 0 50' 100' `)I SE .PSH 5 �� ITITIT�TTTl��/�I SCALE: 1"=100' �� ►� 1- •�✓ ► \ N �dti �i /� / i • =___ ►' ►--- --=--. ___ NEW GRAVEL DRIVEWAY \ / �J •-- l i -�.� SEE TYPICAL (PSH 02) SHEET NAME PROJECT NAME: SHEET NUMBER I I COUNTY: h'OKE I DATE: 209 SUNGATE DESIGN GROUP, P.A. ..' 905JONESFRANKI INROAD ' RALEIGH, NORTH CAROLINA 27808 \I I/ TEL(919)859-2243 - - ENG FIRM LICENSE NO. C-890 Axiom Environmental, Inc. SN K 411, DITCH PLUG SEE DETAIL (PSH 0213) r/ ( • GRAVEL CONSTRUCTION \� ENTRANCE — SEE STAGI C� \�1 ►� DETAIL (PSH 0213) AREA s ' ►I \ \ / ILU I I C / �'Q DATE: DOCMENT NOT CONSIDERED FINAL I UU NLESS ALL SIGNATURES COMPLETED TOPOGRAHY BASED ON NC SPATIAL DATA QL2 LIDAR N I I \ 1 N� FILL IN EXISTING 1 \ I C 1 ' DRAINAGE DITCH �`ke- eLNell I I I THE PROPOSED EASEMENT HAS NOT I W TO EXISTING FIELD °p6 ��t "� I I I BEEN SURVEYED OR TIED TO NC ELEVATION ��S `( ire 1 \ I I GRID. DURING THE DEVELOPMENT OF °� �� I I THE MAP OF RECORD FOR PURCHASE EST 2300 CY \.\0' $ 1 1 I I 1 I OF THE CONSERVATION EASEMENT, THE 1 0 9 (• i I I I I EASEMENT WILL BE SURVEYED BY A j F<e�e6eooP�ce Qo, h I I LICENSED SURVEYOR AND TIED TO P015 0(0- m; I l i I NC GRID. IW o 1 I I co I I FILL IN EXISTING N I DRAINAGE DITCH LU TO EXISTING FIELD i I 1hh�1 CW� \ ELEVATION I'1 \ ♦ �1 ►� 1 o � � of J �� � / � ►►� DITCH PLUG ♦ ► SEE DETAIL (PSHI�6213) ��� / /� ►► 1605.01 Temporary Silt Fence l /♦ / ► ► 2zz \ �� / �,� \ I �j�, / / / ►► ; Special Se�nxnnemt \ ��, \ \ / ,�I / / / ► 1606.01 Control ]Fence DITCH PLUG /Zz/ ♦� / / / / / / ► ► SEE DETAIL (PSH 0213) / �♦ / J ► 1633.01 Temporary Rock Silt Check Type -A 10 10 Limits of Disturbance -- - -- -- ��'� / I ) / I --———————— Gravel Construction ]Entrance FILL IN EXISTING _ �z2 - -� / / / // _ _ 35,'/ / "' _\ �� _— — DRAINAGE DITCH —� �gB �� l / / moi' — — �/ rn 1 � 905 JONES FRANKLIN ROAD 1 1 RALEIGH, NORTH CAROLINA 27606 TEL 1919)859-2243 1 1 ENG FIRM LICENSE NO. C 890 1 1 1 / Axiom Environmental, Inc. 1 1 1 ---------- ��111111111/j� 1 \ C 1160, 1 1 I 1 ' 1 1 \ X11 II111\\\\ \ \I o DATE. 1 1 DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED \ � I / 1 TOPOGRAHY BASED ON _ \ NC SPATIAL DATA QL2 LIDAR \ / 30' 15' 0 30' 60' SCALE: 1"= 60' i = 3T 3B' 242 (RT)— �225 D = 9'32'57S A L = 394JTT 204.49' �T R = 600.49' — — —` a ` � aw J � � r- L MITS OF DISTURBANCE \ NEW 6RAVOUIRIVEWAY TYPICAL (PSH 02) SHEET NUMBER COUNTY: HOKf I DATE: 2019 SUNGATE DESIGN GROUP P A 1606.01 Temporary Silt Fence 1606.01 Special Sediment Control Fence 1633.01 Temporary Rock Silt Check Type`A M Limns of Disturbance -- - - - - - - -- � I ' I I I I I I j I I 1 1 I I I I I 1 I • \ _\ al, • • ♦ I _7N 1 I � 1 B 1 I ST GING AREA \ \ IS PSH 04) \��s 11 \ 905 JONES FRANKLIN ROAD 1 1 RALEIGH, NORTH CAROLINA 27606 TEL 1919)859-2243 ENG FIRM LICENSE NO. C 890 1 1 1 1 Axiom Environmental, Inc. 1 1 1 ► ---------- ��111111111/j� 1 \ C 1160, 1 1 I ' 1 1 \ X11 II111\\\\ \ \I o DATE. DOCUMENT NOT CONSIDERED FINAL UNLESS ALL SIGNATURES COMPLETED \ � TOPOGRAHY BASED ON _ \ NC SPATIAL DATA QL2 LIDAR \ 1606.01 Temporary Silt Fence 1606.01 Special Sediment Control Fence 1633.01 Temporary Rock Silt Check Type`A M Limns of Disturbance -- - - - - - - -- � I ' I I I I I I j I I 1 1 I I I I I 1 I • \ _\ al, • • ♦ I _7N 1 I � 1 B 1 I ST GING AREA \ \ IS PSH 04) \��s 11 \ Appendix K Water Balance Calculations Mitigation Plan (DMS Project No. 100061) Appendices Arabia Bay Wetland Restoration Site Restoration Systems, LLC Hoke County, North Carolina February 2019 Arabia Bay Water Balance Calculation Water Budget Equation The hydrologic cycle of a wetland can be expressed in a water budget that accounts for water inflows and outflows to the system, as follows: where: AS = [P + Si + G;] — [ET + S, +Ga] AS = change in volume of water storage in a defined area over time P = precipitation Si = surface -water inflow G; = ground -water inflow ET = evapotranspiration So = surface water outflow Go = groundwater outflow Water Budget Calculation Assumptions This drained Carolina Bay will be restored as a single wetland polygon. The following assumptions apply to the water budget calculation: 1. Precipitation that falls within the 16 -acre footprint will be the primary hydrologic input. 2. Surface -water and ground -water inflow will be secondary hydrologic inputs and are not expected to be critical factors in restoring wetland hydrology. This is assumed because of the smaller size of the local watershed (24 -acres excluding the 16 -acre footprint of the restoration area) and the Site is bounded on the upslope side by the Candor soil series which consist of excessively drained sandy textured soils. 3. Currently surface water outflow for the site is being conveyed off the Site via a ditch network system, and will be eliminated by removing the culvert outlet during restoration of the Carolina Bay. 4. The existing ditches have broken through the Site's restrictive soil layer. The restrictive soil layer supports wetland hydrology by creating a perched water table. During construction the ditches will be filled with clay material which will restore the fragmented restrictive soil layer and prevent potential for vertical groundwater outflow. Based on these assumptions it is assumed that no significant groundwater or surface water inflow/outflow will occur at the Site to the degree that it will affect the restoration of wetland hydrology. Applying these assumptions to the water budget equation, modifies the water balance equation for the Site to: AS = [P] — [ET] Precipitation The USDA NRCS provides Wetlands Climate Tables through the Agricultural Applied Climate System (AgACIS) which includes climate data and summary reports. There are seven AgACIS weather stations listed for Hoke County, however when queried all of these weather stations displayed a message that there was insufficient data to provide probability analysis of precipitation data. Therefore, the nearest weather station (Red Springs 1 SE, NC) which is located —10 -miles to the south in Robeson County was used as it provided the data needed. The precipitation data is the average of precipitation data collected from 1971 — 2000. Evapotranspiration As discussed above in the water budget calculation assumptions surface water and groundwater outflows will be eliminated during construction of the Site, leaving evapotranspiration as the only water loss for the system after construction is complete. The State Office of North Carolina at NCSU developed the NC Climate Retrieval and Observations Network Of the Southeast Database (NC CRONOS) provides Daily Reference Crop Evapotranspiration (ETo) and Daily Crop Evapotranspiration (ETc) for the previous 48 -months at their weather stations around the state. A crop coefficient is multiplied by the ETo in order to calculate ETc. The closest weather station to the Site is the Fayetteville Airport (Station ID: KFAY) in Cumberland County, NC. The KFAY weather station is —14 -miles east northeast of the Site. The data was accessed from the NC CRONOS KFAY weather station in January 2019, and provided ETo and ETc data. Field corn at mid-season growth stage was selected for ETc as this crop has the highest water loss through evapotranspiration of the crops previously grown at the Site. The ETo and ETc data provided was from Jan 2015 — Dec 2018, and was averaged for each month in order to perform the water budget calculation. Summary of Water Budgetysis Results Month Total Precipitation (in) Wetland Area (ac) Direct Precipitation on Wetland (ac -ft) Total Water Available (ac -ft) Avg Eto Rate (in) Avg Etc Rate (in) ET Water Loss (ac -ft) Water Water Budget Budget Net Remaining Balance +/- Total +/- (ac -ft) (ac -ft) Jan 4.03 16 5.37 5.37 2.16 2.59 1.16 4.21 Feb 3.42 16 4.56 4.56 2.87 3.44 1.31 3.25 7.47 Mar 4.24 16 5.65 5.65 4.54 5.45 2.57 3.09 10.55 Apr 3.07 16 4.09 4.09 5.77 6.93 2.36 1.73 12.28 May 3.30 16 4.40 4.40 6.72 8.06 2.96 1.44 13.73 Jun 4.19 16 5.59 5.59 7.33 8.79 4.09 1.49 15.22 J u I 5.83 16 7.77 7.77 7.48 8.97 5.81 1.96 17.18 Aug 4.70 16 6.27 6.27 6.37 7.64 3.99 2.28 19.46 Sep 4.58 16 6.11 6.11 4.96 5.9S 3.03 3.08 22.53 Oct 3.15 16 4.20 4.20 3.68 4.42 1.55 2.65 25.19 Nov 3.04 16 4.05 4.05 2.38 2.86 0.97 3.09 28.27 Dec 3.20 16 4.27 4.27 1.85 2.22 0.79 3.48 31.75 Totals: 46.75 62.33 62.33 56.11 67.33 30.58 31.75 Results and Conclusions The monthly and annual water budget results for the proposed wetlands are presented in the "Water Budget Net Balance +/-" column of the table above. A monthly running total of the water budget is presented in "Water Budget Remaining Total +/-" column of the table above. No water deficits were observed in the calculation during any month of the year. A water surplus is available on a monthly and annual basis. This analysis reflects monthly water budget conditions based on monthly direct precipitation and subtracting monthly evapotranspiration to arrive at monthly water budget summaries. Based on this calculation -2-feet surplus of water will cover the entire 16 -acre on an annual basis. Considering the approximate depth to the restrictive soil layer the proposed wetland project will be able to meet the wetland hydrology requirement during years of normal precipitation. References Kreiser, G.S. 2003. A Wetland Restoration Project: Water Budget and Nutrient Analysis of a Drained Carolina Bay (Master's Thesis). Retrieved from NCSU Library Repository. (Acessed on December 14, 2018 hgps://repository.lib.ncsu.edu/handle/1840.16/243) Mitsch, W.J., and J.G. Gosselink. 2000. Wetlands. 3rd edition. John Wiley & Sons, New York, NY, USA.