Loading...
HomeMy WebLinkAbout20180854 Ver 1_Mitigation Plan_2019_20190329ID#* 20180854 Version* 1 Select Reviewer:* Katie Merritt Initial Review 03/29/2019 Completed Date Mitigation Project Submittal - 3/29/2019 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* r Stream r Wetlands W Buffer V Nutrient Offset (Select all that apply) Project Contact Information ................................................................................................................................................................................................................................................................................... Contact Name:* Email Address:* Lindsay Crocker lindsay.crocker@ncdenr.gov Project Information Existing 20180854 Existing (DWR) (nunbersonly ...nodash) Version: (nurrbersonly) ID#:* Project Type: r DMS f Mitigation Bank Project Name: Wingfoot County: Pitt Document Information ................................................................................................................................................................................................................................................................................... Mitigation Document Type:* Mitigation Plans File Upload: Wingfoot_100078_MP_2019.pdf 40.69MB Rease upload only one RDF of the conplete file that needs to be subr itted... Signature Print Name:* Lindsay Crocker Signature: * MITIGATION PLAN Wingfoot Riparian Buffer Mitigation Site Pitt County, NC DMS Project No. 100078 DMS Contract Number: 7607 DWR Project Number: 2018-0854 Little Contentnea Creek Watershed Neuse River Basin HUC 03020203 RFP #16-007402 Prepared For: rk� NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 MITIGATION PLAN Wingfoot Riparian Buffer Mitigation Site Pitt County, NC DMS Project No. 100078 DMS Contract Number: 7607 DWR Project Number: 2018-0854 Little Contentnea Creek Watershed Neuse River Basin H U C 03020203 PREPARED FOR: rkt INC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, INC 27699-1652 PREPARED BY: Clearwater Mitigation Solutions C'I.F',4 R WA TER AffTIG,4 TION SOLUTIONS 6 604 Macon Place Raleigh, North Carolina Authorized Representative: Mr. Kevin Yates Phone: 919-624-6901 This Mitigation Plan has been written in conformance with the requirements of the following: NCAC rule 15A NCAC 02B .0295, effective November 1, 2015 and Nutrient Offsets Payments Rule 15A NCAC 02B. 0240, amended effective September 1, 2010 and DWR — 1998. Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment. These documents govern DMS operations and procedures for the delivery of compensatory mitigation. Contributing Staff: Kevin Yates, Clearwater Mitigation Solutions Christian Preziosi, Land Management Group Wes Fryar, Land Management Group Kim Williams, Land Management Group TABLE OF CONTENTS 1.0 Mitigation Project Summary...............................................................................................1 1.1 Project Narrative...........................................................................................................1 1.2 Project Location and Site Description..........................................................................2 A. Watershed and Water Quality Classification...........................................................3 B. Physiography, Geology, and Soils.............................................................................3 C. Streams and Existing Conditions...............................................................................4 2.0. Regulatory Considerations..................................................................................................5 2.1 Determination of Credits..............................................................................................5 3.0. Implementation Plan...........................................................................................................8 3.1 Site Preparation.............................................................................................................8 3.2 Methods and Materials.................................................................................................8 4.0 Monitoring Plan...................................................................................................................9 5.0 Success Criteria.................................................................................................................10 6.0 Stewardship.......................................................................................................................10 6.1 Ownership....................................................................................................................10 6.2 Long -Term Stewardship..............................................................................................10 7.0 References.........................................................................................................................12 LIST OF FIGURES, TABLES, AND APPENDICES Figure1.......................................................................................................................... Vicinity Map Figure2.................................................................................................................... Watershed Map Figure 3.................................................................... USGS Farmville 7.5 Minute Topographic Map Figure 4........................................................................................................NC DOT QL2 LiDAR Map Figure 5................................................................................................ Pitt County NRCSSoil Survey Figure 6............................................................................................1998 NAPP Aerial Photography Figure 7 ...................................... 2016 Aerial with Conservation Easement and Areas to be Disked Figure 8A.................................................................................................. Mitigation Plan Overview Figure 813 ..........................................................................Mitigation Plan Inset with Plot Locations Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan i DMS Project No. 100078 March 11, 2019 Table 1............................................................................................Summary of Mapped Soil Series Table 2................................................................................................... Stream Attribute Summary Table 3a..................................................................................................... Buffer Project Attributes Table 3b......................................................................................Buffer Project Area and Attributes Table4......................................................................................................................... Planting Plan Table ....................................................................................................Site Protection Instrument Appendix A........................................................................................ Historical Aerial Photography Appendix B........................................................................... NC DWR Stream Identification Forms Appendix C.............................................................................. Existing Condition Site Photographs Appendix D................................................................................ NC DWR Mitigation Viability Letter Appendix E.............................................................................................Categorical Exclusion Form Appendix F...........................................................Recorded Conservation Easement Deed and Plat Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan ii I P a g e DMS Project No. 100078 March 11, 2019 1.0 Mitigation Project Summary 1.1 Project Narrative The Wingfoot Riparian Buffer Restoration Project ("the project") will provide high quality compensatory mitigation for authorized riparian buffer impacts credited through the NC DMS in -lieu -fee program and occurring within the Neuse River Hydrologic Unit Code (HUC) 03020203 and to address the watershed goals identified in the Neuse River Basin Restoration Plan (RBRP) (NC EEP, 2010). These goals include: • Promote nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams, and riparian buffers; • Promote re-establishment of riparian corridors of substantial width to improve connectivity of protected lands; and • Support implementation of Coastal Habitat Protection Plan (CHPP) strategies. These watershed goals will be achieved via the restoration and enhancement of woody buffer along unnamed tributaries of the Little Contentnea Creek (a 303d -listed impaired waterbody). Specific objectives of the proposed project to achieve the desired goals include: • Conversion of existing agricultural fields into wooded riparian buffer zones along existing tributaries via planting of characteristic hardwood species; • Enhancement of degraded buffer areas (currently in areas of fields laid to fallow) via planting of characteristic hardwood species; • Ensuring diffuse flow throughout the riparian buffer zone; • Establishment of a conservation easement to protect the riparian buffer restoration site in perpetuity and to connect to existing DMS protected site; and • Invasive species management (as needed) during monitoring period. As is well-documented in the scientific literature, riparian buffers along streams and drainageways provide a suite of benefits not only to the localized site but to receiving waters and streams of the larger watershed. Riparian buffers reduce the potential for on-site stressors to adversely affect streams. In particular, restored and enhanced buffers on the Wingfoot site will remove non -point source contaminants associated with intensive agricultural farming practices. This is of particular benefit to the Targeted Local Watershed (TLW) of Little Contentnea Creek (14 -digit HUC 03020203070030) which has exhibited significant water quality impairments associated with low dissolved oxygen (DO), high total nitrogen (N) and high total phosphorous (P). High nutrient concentrations manifest from non -point source loading associated with intensive agricultural land use practices. The predominant land -use within the watershed is agricultural production (with 49% of the land area in agricultural use). There are approximately 67 miles of streams that flow through the Little Contentnea Creek TLW. Forty-one percent of these streams are not adequately buffered with woody vegetation (NC EEP, 2010). Sediment loading (associated with intensive silvicultural and agricultural drainage practices) is prevalent throughout the watershed. These impairments tend to be exacerbated by direct disturbances to streams and wetlands (such as prior channelization of streams and historic drainage of wetlands). The cumulative effects of such practices result in diminished nutrient uptake and nutrient/sediment loading to down -gradient waters. Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 1 1 P a g e DMS Project No. 100078 March 11, 2019 The high percentage of land in agricultural use combined with the lack of adequate stream buffers results in the type of water quality impairments documented within this watershed. The project promotes the goals of the Neuse RBRP (2010) and specifically the Little Contentnea Creek TLW by addressing agricultural runoff and buffer restoration. The RBRP also seeks to prioritize the goals and strategies of the Coastal Habitat Protection Plan. These strategies similarly seek to reduce non -point pollution and minimize cumulative losses of fish habitat and include measures designed to reduce sediment pollution from agricultural sites and increasing the use of effective vegetative buffers. The Wingfoot Riparian Buffer Restoration Project helps to achieve these goals. Ancillary benefits of the proposed riparian buffer restoration effort include: • Increase of organic material as food for invertebrate, fish and wildlife; • Supply of woody debris that provides increased niche habitat for fish, invertebrates and amphibians; • Reduction of sunlight reaching the stream and modulation of surface water temperatures; • Floodwater attenuation via temporary storage, interception and slow releases from heavy rains; and • Habitat connectivity between currently protected riparian buffer areas (NC DMS Fox Run Site) and downstream riverine swamp forest via a protected riparian habit corridor (including expansion of refuge and foraging habitat). The anticipated functional uplift to be provided by the project will have direct benefits to the adjacent streams and to the broader ecological health of the Little Contentnea Creek watershed. 1.2 Project Location and Site Description The project site is located in Pitt County, approximately three miles southeast of the Town of Farmville, North Carolina and east of State Route 1139 (Moye Turnage Road) (refer to Figure 1). As indicated above, the Wingfoot Riparian Buffer Project is located within the Little Contentnea Creek TLW of the Neuse River HUC 03020203 (Figure 2). The buffer restoration and enhancement areas are located along unnamed tributaries (UTs) and drainages that flow directly into Little Contentnea Creek approximately 0.3 miles downstream (refer to Figure 3 and Figure 4). Flanagan Field is located 1.25 miles to the west off of US Highway 264 Alternate. The entrance to the access road for the project is at Latitude 35.561732, Longitude -77.546712. Driving Directions to the project (from Raleigh): Get on 1-440 E from Capital Blvd. Use the right 2 lanes to take exit 14 toward US -64 E/US-264 E/Wilson/Rocky Mt. Continue onto US -264 E/US-64 E. Take exit 66 for Wesley Church Rd toward US -258. Drive 2.8 -miles and turn left onto Moye-Turnage Rd. The dirt entrance road will be on the left approximately 2 miles from this intersection. Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 2 1 P a g e DMS Project No. 100078 March 11, 2019 A. Watershed and Water Quality Classification Little Contentnea Creek is a 303d -listed impaired waterbody with a NC DEQ surface water classification of C; Sw, NSW. B. Physiography, Geology, and Soils The Wingfoot Riparian Buffer Project site is located within the Rolling Coastal Plain Ecoregion IV (65m) just west of the Middle Atlantic Coastal Plain. In general, this ecoregion coincides with higher relief and better drained landscapes north and west of the Surry Scarp. Drainageways tend to be more incised with more rolling terrain along stream terraces and interstream divides relative to the flatter surfaces of the Mid -Atlantic Flatwoods and Carolina Flatwoods to the east and south. Elevations of the site range from 42 ft above mean seal level (AMSL) along the eastern boundary adjoining the riverine swamp bottom of Little Contentnea Creek to 55 ft AMSL on ridges of interstream divides. The soils formed in unconsolidated sand, silt, and clay deposited by water. They are nearly level to sloping. Soils of the site consist of poorly -drained to well -drained sandy loams (refer to Figure 5). Mapped soil series occurring on the site and their associated properties are summarized in Table 1. Table 1. Summary of Mapped Soil Series Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 3 1 P a g e DMS Project No. 100078 March 11, 2019 Hydric Landscape Position and Unit Series Name Drainage Class Landform Symbol (Y/N) Tu Tuckerman fine sandy Poorly Drained Nearly level areas of lower y Y loam Coastal Plain (< 2% slopes) Moderately Slopes of drainageways and Cr6 Craven fine sandy loam Well Drained uplands of Coastal Plain p N (0 to 12% slopes) Moderate) y Marine terraces and uplands of Go Goldsboro sandy loam Well Drained lower and u upper Coastal Plain N (0 to 10% slopes) Stream terraces of coastal river MaB Masada sandy loam Well Drained N valleys (0 to 10% slopes) Marine terraces and flats of lower Lynchburg fine sandy Somewhat Ly to upper Coastal Plain N loam Poorly Drained (0 to 5% slopes) Slopes and shoulders of concave WaB Wagram loamy sand Well Drained uplands of middle and upper N Coastal Plain (0 to 15% slopes) Somewhat Nearly level low uplands and Oc6 Ocilla loamy fine sand Poorly Drained s stream terraces N (commonly less than 2% slopes) Somewhat Ridges and slopes of uplands and Ag6 Alaga loamy sand Poorly Drained stream terraces s N (0 to 15% slopes) Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 3 1 P a g e DMS Project No. 100078 March 11, 2019 C. Streams and Existing Conditions The property is currently managed for agricultural production (corn, cotton, and soybean) and lacks existing forested buffer along a majority of the streams and drainageways dissecting the site. Site drainage and hydrology have been historically altered with channelized streams and cleared agricultural lands prevalent on historic aerial photos dating back to the 1940s (see historical site aerial photography in Appendix A). The extent of the conservation easement boundary is depicted on the 1998 aerial and 2016 aerial in Figure 6A and Figure 613, respectively. The buffer mitigation site consists of four stream reaches (Al, 131, 62, and 63) as illustrated in Figures 8A and 813. Reach Al is a perennial stream located on the northern boundary of the site and is contiguous with the existing NC DMS buffer project easement (Fox Run). Reach Al flows from the NC DMS easement on the northwestern boundary to the north and into Little Contentnea Creek approximately 1,800 If downstream. There is approximately 815 If of stream associated with Reach Al within the proposed buffer easement area. Reach 61 is the perennial stream that dissects the central portion of the site. It drains into Little Cotentnea Creek (approximately 1,300 If downstream from the eastern property boundary). There is approximately 2,690 If of stream channel associated with Reach 131 within the proposed buffer easement area. Reaches 132 and 133 flow into Reach 61 from smaller drainage areas on the southern portion of the site. Reach 132 is an intermittent stream consisting of approximately 585 If of stream channel. Reach 133 is a non -stream ditch exhibiting an Ordinary High Water Mark (OHWM) and flows directly into reach 132. NC DWR Stream Identification Forms have been completed for each of the on-site channels proposed for buffer restoration and buffer enhancement. The completed stream forms are provided for reference in Appendix B. A summary table of each of the channel attributes is provided in Table 2 below. Site photos of existing conditions are provided for reference in Appendix C. Table 2. Stream Attribute Summary Stream Attribute Stream Reach Al 131 132 133 Flow Perennial Perennial Intermittent Seasonal RPW Stream ID Score 42.0 38-40.5 25.75 23.25 Stream Length 815 2,690 585 420 Drainage Area 557 acres 256 acres 21 acres 13 acres As indicated above, the site consists nearly entirely of actively farmed agricultural land (corn, cotton, soybean) with fields extending to the top of banks of existing streams and ditches. Herbaceous vegetation along the edges of ditches and the banks of the channels generally consists of soft rush (Juncus effusus), broomsedge (Andropogon spp.), and cattail (Typha latifolia). There are two smaller areas of fields that have been laid to fallow consisting of herbaceous and shrub species including soft rush, broomsedge, giant foxtail (Setaria spp.), old field blackberry (Rubus alumnus), pokeweed (Phytolacca americana), and winged sumac (Rhus copallinum). Wooded areas offsite generally consist of red maple (Acer rubrum), loblolly Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 4 1 P a g e DMS Project No. 100078 March 11, 2019 pine (Pinus taeda), sweet gum (Liquidambar styraciflua), black gum (Nyssa sylvatica), and bald cypress (Taxodium distichum). The adjacent NC DMS riparian buffer ("Fox Run" site) consists generally of planted river birch (Betula nigra), American elm (Ulmus americana), American sycamore (Platanus occidentalis), water oak (Quercus nigra), northern red oak (Quercus rubra), swamp chestnut oak (Quercus michauxii), and volunteer loblolly pine (Pinus taeda). 2.0 Regulatory Considerations 2.1 Determination of Credits Approximately 4,090 -If of streams and waters of the U.S. have been targeted for buffer restoration. Approximately 13.16 acres of existing agricultural fields are targeted for buffer restoration while approximately 0.71 acres of fields recently laid to fallow are considered suitable for riparian buffer enhancement. An additional 4.62 acres of riparian buffer will be preserved as part of the mitigation effort and additional lands (both wooded and agricultural fields) will be placed within the conservation easement to promote habitat connectivity between the existing DMS Fox Run buffer site, the Wingfoot buffer site, and the riverine swamp forest of Little Contentnea Creek to the east. On August 30, 2018, Ms. Katie Merritt of the Division of Water Resources (DWR) performed an evaluation of surface water features and adjacent riparian areas within the proposed mitigation site for the determination of riparian buffer mitigation pursuant to 15A NCAC 0213.0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240 (refer to attached Site Viability Letter, Appendix D). Based upon this evaluation, DWR determined that areas within 200 ft of Reach A-1 and Reach B-1 are eligible for both buffer credit and nutrient offset credit (with the latter eligible in non - forested fields only). Riparian areas along Reach B-2 and B-3 are eligible for nutrient offset. In addition, the downstream segment of B-2 is eligible for buffer credits. Reach B-3 and the upstream segment of Reach B-2 were determined to be conditionally eligible for buffer credit value provided that the watershed drainage area is of sufficient size to meet the rule criteria per 15A NCAC 02B .0295 (o) (8). Note that the ditches proposed for buffer restoration meet the following criteria: (A) are directly connected with and draining towards an intermittent or perennial stream; (B) are contiguous with the rest of the mitigation site protected under a perpetual conservation easement; (C) stormwater runoff from overland flow shall drain towards the ditch (Not Applicable); (D) are between one and three feet in depth; and (E) the entire length of the ditches have been in place prior to the effective date of the applicable buffer rule. Similarly, in accordance with Subparagraph (0)(8), the perpetual conservation easement includes the ditch and the confluence of the ditch with the stream. The easement includes language prohibiting future maintenance of the ditch. In addition, the watershed draining to the ditch is at least four times larger Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 5 1 P a g e DMS Project No. 100078 March 11, 2019 than the restored or enhanced area along the ditch. The watershed draining to the upper end of Reach B-2 is approximately 782,392 sf (relative to a corresponding buffer area of 32,671 sf). The watershed draining to Reach B-3 is approximately 312,499 sf (relative to a corresponding buffer area of 35,609 sf). There are no known site constraints that would impede or adversely affect the restoration, enhancement, and preservation of riparian buffer within the recorded easement area. Diffuse flow of runoff will be maintained in the riparian buffer. Any direct conveyances (such as pipes or drain tiles) will be eliminated and the flow converted to diffuse flow. A Categorical Exclusion document (i.e. limited environmental screening) has been completed in accordance with the National Environmental Policy Act of 1969 (NEPA) and corresponding guidelines of the Council of Environmental Quality (CEQ). The completed Categorical Exclusion document verifies that the proposed action will not have a significant impact on the environment. Refer to the attached Categorical Exclusion form with screening checklist and signatures of the NC DMS Project Manager and Federal Highway Administration (FHWA) (Appendix E). The proposed mitigation attributes, quantities and credits are outlined in Table 3a and 3b below. Table 3a. Buffer Proiect Attributes Project Name Wingfoot Riparian Buffer Restoration Project Hydrologic Unit Code 03020203070030 (14 digit) River Basin Neuse Geographic Location (Lat, Long) 35.565723,-77.533763 Site Protection Instrument (DB, PG) DB 3765 Page 517 Total Credits (BMU) 550,390 (sf) Types of Credits Riparian Buffer Mitigation Plan Date February 2019 Initial Planting Date March 2019 Baseline Report Date April 2019 MY1 Report Date December 2019 MY2 Report Date December 2020 MY3 Report Date December 2021 MY4 Report Date December 2022 MY5 Report Date December 2023 Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 6 1 P a g e DMS Project No. 100078 March 11, 2019 Table 2. Wingfoot Riparian Buffer Project Areas and Assets RIPARIAN BUFFER (15A NCAC 026.0295) Location Jurisdictional Streams Restoration Type Reach ID/Component Buffer Width Creditable (ft) Area (sf)* Rural or Urban Subject or Nonsubject Restoration 33% 3.03030 28,725.840 20-29 Al, 61, 132, B3 30-100 486,130 Al 101-200 87,048 Enhancement 33% 6.06061 1 20-29 131 30-100 30,855 33% 30.03030 - 101-200 20-29 SUBTOTALS 604,033 5 ELIGIBLE PRESERVATION AREA 201.344 Initial Credit Ratio (x:1) Full Final Credit Riparian Credit Ratio (x:1) Buffer Credits (BMU) Convertible to Nutrient Offset (Yes or No) 1 75% 1.33333 - Initial Credit Ratio (x:1) 100% 1.00000 486,129.600 Yes 33% 3.03030 28,725.840 Yes 2 75% 2.66667 - 10 100% 2.00000 15,427.500 No 33% 6.06061 1 100% 10.00000 20,107.400 530.282.940 Location Jurisdictional Streams Restoration Type Reach Buffer Width ID/Component (ft) Creditable Area (sf)* Initial Credit Ratio (x:1) % Full Final Credit Riparian Buffer Credits Credit Ratio (x:1) (BMU) Rural Subject Preservation 20-29 10 75% 13.33333 - Al, 131 30-100 201,074 100% 10.00000 20,107.400 101-200 33% 30.03030 - Nonsubject 20-29 5 75% 6.66667 - 30-100 100% 5.00000 - 101-200 33% 15.15152 - Urban Subject or Nonsubject 20-29 3 75% 4.00000 - 30-100 100% 3.00000 - 101-200 33% 9.09091 - SUBTUTALS1 201,074 20,107.400 TOTALS1 805,107 1 550,390.340 *Area eligible for preservation may be no more than 25% of total area, where total area is back -calculated with the equation R+E/0.75. *All buffers eligible for credit must be at minimum 20' wide *When preservation areas exceed the total eligible preservation area, select the areas with the best credit ratios as the creditable areas. If Converted to Nutrient Offset Nutrient Offset: N (Ibs) Nutrient Offset: P (Ibs) - 0.000 25,367.806 0.000 4,542.445 0.000 - 0.000 0.000 0.000 29,910.250 0.000 3.0 Implementation Plan 3.1 Site Preparation Based upon pre -project assessment of compaction within the proposed planting areas, the project team has identified two select areas of the buffer restoration project that would warrant site disking (refer to Figure 7). The areas include an approximate 150 -ft long area of the right top of bank of the upper end of Reach B-1 and the riparian area of the right top of bank of Reach A-1 (including the area of field identified as the "Riparian Habitat Corridor"). These areas will be disked prior to planting to reduce compaction and to enhance microtopography. In addition, selective mowing is proposed within the riparian buffer enhancement area to limit blackberry and smaller, volunteer red maple (refer to Figure 7). No other site preparation is proposed. There have been no observed drain tiles discharging into the subject stream channels or ditches targeted for riparian buffer restoration and enhancement. However, such features will be removed during project implementation in the event any are observed prior to, or during, construction and planting. The proposed mitigation site will provide for the establishment of natural plant assemblages occurring within riparian habitats of the Coastal Plain. Target species to be planted have been carefully selected based upon site-specific information (including soil profiles and evaluation of landscape position). The proposed planting regime will result in a mature community characteristic of riparian buffer areas in the region. The project will include the restoration and enhancement of riparian buffer of ditches and streams on the property as outlined in Figures 8A and 8B. This will be achieved via the planting of characteristic hardwood species (as further described in Section 3.2 below), ensuring diffuse flow through the riparian buffer. No existing exotic or invasive species have been observed within the proposed buffer areas. However, an invasive species management plan and protocol has been implemented should invasive species volunteer into the site. Prior to planting, the conservation easement boundary will be marked using 6 -inch diameter treated post buried 2 feet, standing 6 feet above the ground surface, within the agricultural fields. T -posts will be installed to provide supplemental marking within areas between the treated post, within the enhancement area, and within the preservation areas as needed. The easement boundary will also be marked with standard yellow Conservation Area signs, per the 01/23/14 NCDMS Boundary Marking Standards. 3.2 Methods and Materials The planting plan consists of the planting five hardwood species on a density of approximately 538 stems per acre. Species selection and distribution were matched closely to micro -site hydrologic and edaphic conditions and include species characteristic of riparian buffer assemblages in the watershed. Species more tolerant of poorly drained soils (i.e. bald cypress and willow oak) will be planted within lower landscape positions generally consisting of the Tuckerman soil series while species characteristically occurring in better drained soils will be planted in slightly higher convex landscape positions. The selected native trees are well-suited to the site-specific conditions of the property to promote high survivorship rates. Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 8 1 P a g e DMS Project No. 100078 March 11, 2019 The planting and re-establishment of characteristic riparian vegetation will be coupled with controlling invasive species population. Herbicide applications and vegetative management may be needed during tree establishment in the restoration areas to prevent recruitment and establishment of invasive species that could compete with the planted native species. The restoration area will be closely monitored, and invasive vegetation management will be implemented as needed, and in consultation with DMS staff. Table 4 summarizes the planting plan for the Wingfoot mitigation site. Table 4. Planting Plan' Common Name Scientific Name % Composition Acreage Quantity River Birch Betula nigra 25 3.72 2,000 American Sycamore Plantanus occidentalis 17.5 2.60 1,400 Bald Cypress Taxodium distichum 27.5 4.09 2,200 Willow Oak Quercus phellos 15 2.23 1,200 Water Oak Quercus nigra 15 2.23 1,200 Total N/A 100 14.87 8,000 'Note planted area includes approximate 1.0 acres of field included for riparian habitat corridor. While no credit is proposed for this area, it will be planted per the same specifications (species density and composition) as those contained within final, approved mitigation plan. 4.0 Monitoring Plan Upon completion of the riparian buffer restoration, a Baseline Monitoring Report will be prepared and submitted to the NC DMS to document the extent of riparian buffer restoration. The report will include all information required by DMS monitoring guidelines including photographs, plot locations, and documentation of existing species density and composition. Subsequent monitoring reports will be submitted annually to the NC DMS (by December 1 of each year). Monitoring will be conducted during the growing season for a period of five years. Year 1 monitoring will be conducted a minimum of 6 months from the completion of the planting. Monitoring will be performed in accordance with the Consolidated Mitigation Buffer Rule (15A NCAC 02B .0295) and current DMS standards. Vegetative monitoring will include the establishment of eleven (11) permanent plots consistent with the Carolina Vegetation Survey (CVS) protocol Level 2 (version 4.2) (refer to Figure 8B for plot locations). During monitoring, the species, height, diameter at breast height (DBH), and vigor of each planted stem will be recorded. Additionally, the number, species, and general height of volunteers will be documented. A digital camera will be used to take photos at each predetermined photo point location. Any vegetative problem areas in the site will be noted and reported in each monitoring report. Vegetative problem areas may include areas that either lack vegetation or include populations of exotic vegetation. Monitoring reports will identify any contingency measures that may need to be employed to Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 9 1 P a g e DMS Project No. 100078 March 11, 2019 remedy site deficiencies. For instance, invasive vegetation management may be needed if exotic species volunteer into the site. After the fifth -year monitoring report is finalized, a close-out report that provides an assessment of the monitoring data collected from the entire monitoring period will be prepared. The project managers for Clearwater Mitigation Solutions and Land Management Group will attend the close-out meeting(s) and will present the final project to the DWR following all DMS closeout procedures and templates. 5.0 Success Criteria The site will be evaluated based upon performance criteria related to vegetative density. Specifically, the performance criteria for this project will be: (1) "Demonstrated density of planted species to meet or exceed 260 trees per acre during the fifth year post -planting,*"' and (2) Species assemblage must include a minimum of four native hardwood species or four native hardwood tree and native shrub species, where no one species is greater than 50% of stems. 6.0 Stewardship 6.1 Ownership The current owner of the property is Ham Equipment, LLC (c/o Bobby Ham). The property owner (Grantor) has granted and conveyed in perpetuity a Conservation Easement (CE) along with a Right to Access to the State of North Carolina (Grantee). A copy of the recorded CE deed and plat are provided for reference in Appendix F. Refer to Table 5 for more detailed information related to the site protection instrument. Table 5: Site Protection Instrument — Wingfoot Riparian Buffer 6.2 Long -Term Stewardship Plan The site will be transferred to the North Carolina Department of Environmental Quality (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 1 Native hardwood and native shrub volunteer species may be included to meet the final performance standard of 260 stems per acre. Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 10 1 P a g e DMS Project No. 100078 March 11, 2019 Site Deed Book and Acreage Protected Landowner PIN County Protection Page Number under Easement Instrument Ham Equipment 4636538996 Pitt Conservation DB 3765 22.31 (c/o Bobby Ham) Easement Page 517 6.2 Long -Term Stewardship Plan The site will be transferred to the North Carolina Department of Environmental Quality (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 1 Native hardwood and native shrub volunteer species may be included to meet the final performance standard of 260 stems per acre. Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 10 1 P a g e DMS Project No. 100078 March 11, 2019 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 Statue GS 113A -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. The Stewardship Program may periodically install signage as needed to identify boundary markings as needed. Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 11 1 P a g e DMS Project No. 100078 March 11, 2019 7.0 References Natural Resources Conservation Service (NRCS). Web Soil Survey of Pitt County. http://websoiIsurvey.nres.usda.gov/app/HomePage.htm North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications. http://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database, Pitt County, NC. United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Pitt County, NC. https://www.fws.gov/raleigh/species/cntylist/pitt.html Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 12 1 P a g e DMS Project No. 100078 March 11, 2019 Crattlk S _A 264 Fai M U ur% SITE - Mad or V LEI cNu"' -.toe A \ 46 C Frta�I rog Jllil ��0, p �n] f it II r---' r._� L RV ��-h`T '(f _ 4 •'r` it Cn ASH R - + W l .' 264A 25$ ,r ,r- �; a .. 13 iagag Field -DAlrpa -, _W . - -RD rosq .9 13 R 44 An ,l +o• L/ -fie — �" C 0 r Public Use Airport (not listed as a general aviation airport nor listed in the National Plan of Integrated Airport Systems or "NPIAS') L:\WETLANDS\2018\40-18-093\maps\mapset *Boundaries are approximate and are not meant to be absolute. Map Source: DeLorme 2012 Atlas & Gazeteer, Pages 43 & 65 SCALE 1" = 1 mile Wingfoot Riparian CLFAR WATER k17 TGA7YO T Buffer Mitigation Site SOLT.+TTays Cataloging Unit 03020203 — Figure 1 Pitt County, NC Vicinity Map March 2018 LMG LAND MANAGEMENT GROUP:.. LMG # 40-18-093 E,vi--e tvl eansur ants Franklin a Y � f Wa e. ►• w • 5z %0 ■ Q • Johnston smi -' { ;�. _ `•�•�•..� Halifax Yy • r . Fi„ av artin Nash 14 7a +v # Edgecombe - Roc u arson •; _�, _- - r. w N . • • Wil - Pitt ar t - - — 264 - .. *''�• i ......Wingfoot Site i Greene a- 13 s r � � : .■.•. ■ref■ • �� ��`f a • �� . ��Rrrr�i •f I •f — y J +'� l sandh}II n Lenoir Craven Sam •■ ■f■■■■•r i n ��,4,••�. ••■+ •• -- bs.•.•�•• '0,01\1 DOT GIS Unit, Esri, HERE, Garmin, © OpenStreetm'M,Font�ibutors, () .r DU lin '�! OpenStreetMap and contributors, Creative Commons -Share Alike License' p (CC -BY -SA)„ Legend - Project Boundary Targeted Local Watershed (03020203070030) 8 -Digit Hydrologic Unit (03020203) SCALE 1" - 10 Miles Wingfoot Riparian CLE4RrfaTERAUTIGA170N Buffer Mitigation Site SOL ('TIO.vs4 Figure 2 Cataloging Unit 03020203 Pitt County NC LMG- Watershed Map March 2018 LMG # 40-18-093 _ f 4. 20 SITE r FOX RUN l { RIPARIAN BUFFER 1- { 0 MITIGATION SITE CD - m 4 `•70f F C#M ,r 03 k _b 0 N O- ■ fs +r�1TJ1 r 7.1 02" !`U' x¢ ,'� R NC911,NCCG1A;Fsr�,.THER armin;©Op�Q treet�Map�ntributors Legend ® Conservation Easement L:\WETLANDS\2018\40-18-093\maps\mapset *Boundaries are approximate and are not meant to be absolute. Map Source: USGS Farmville Quadrangle 7.5 minute Wingfoot Riparian Buffer Mitigation Site Cataloging Unit 03020203 Pitt County, NC March 2018 LMG # 40-18-093 CLEAR WA TER ?kHTTGA TTGN SOLUT7ays 4 LMG LAND MANAGEMENT GAMUP — Ev Vi—mentvl Consultvnrs SCALE 1" = 1,500' Figure 3 Topographic Map t Legend FOX RUN + �_ �. ti s Elevation RIPARIAN BUFFER MITIGATION SITE 78.49 - 83.13 SITE 73.85 - 78.49 - 69.21 - 73.85 - 64.57 - 69.21 _ 59.93 - 64.57 55.29 - 59.93 _ 50.65 - 55.29 - - - / 46.01 - 50.65 41.37 - 46.01 NC911, NCCGIA,, Esri, h ERE, Garmin, ©'OpenStreetMap contributors Legend ® Conservation Easement L:\WETLANDS\2018\40-18-093\maps\mapset *Boundaries are approximate and are not meant to be absolute. Map Source: NC Floodplain Mapping Program 2014 QL2 LiDAR Data SCALE 1 = 700' Wingfoot Riparian CLFAR WATER kHTIGA7YON Buffer Mitigation Site SOLUT[ays Cataloging Unit 03020203 Figure 4 Pitt County, NC LiDAR map March 2018 LMG LAND MANAGEMENT GAOIUP — LMG # 40-18-093 En l,anmenro�consurron rs ti� �`. - • - ba Ch OCB Ly ` NrB _ � Ra ExBSITE 5 f� FOX RUN ExB EYA RIPARIAN BUFFER ^^� -� By OCB CC LY MITIGATION SITE rA Co If; NrI3 WaB =LE3 WaB N 1 y� " Tu Ly 1 -_ OC d Co GoA wa ; �� N ExB ExB Co Ocrc� Pa OCR Was13bBb OCB MaB B ExA ExA � ExA Ro v Mab � TUz Cr � � WaB IR ExA . a .... Ga 6 1---4 --J WaB .-� Os �- a B u Pa !kg B Ly W86 Al 0,113 0 Legend — OCB f . Ag Aga loamy sand, banded substratum, 0-6% slopes �ExA Ra NrB Os ' ~ m� Tu Bb: Bibb complex Cc: Coxville fine sandy loam ° z : I Crb: Craven fine sandy loam, 1-6% slopes NrB ExA ExA: Exum fine sandy loam, 0-1 % slopes GoA: Goldsboro sandy loam, 0-1% slopes - Wag ExA -- - ���- Ra GoB: Goldsboro sandy loam, 1-6% slopes Ra B T� Ly: Lynchburg fine sandy loam oA O`_WAR MaB: Masada sandy loam, 04% slopes NrB2: Norfolk sandy loam, 1-6% slopes, eroded OcB: Ocilla loamy fine sand, 04% slopes Ra: Rains fine sandy loam Tu: Tuckerman fine sandy loam Conservation Easement WaB: Wagram loamy sand, 0-6% slopes L:\WETLANDS\2018\40-18-093\maps\mapset *Boundaries are approximate and are not meant to be absolute. SCALE 1" - 1,000' Map Source: NRCS Pitt County Soil Survey, 1974 - Wingfoot Riparian CLEAR WA TER kHTIGA7YON Buffer Mitigation Site SOLUT[avS Cataloging Unit 03020203 — Figure 5 Pitt County, NC Soils Map March 2018 LMG LAND MANAGEMENT MUP — LMG # 40-18-093 E,vi--e tvl Consurronrs "NefT i• FOX RUN i 4• ~ '»'moi i�•^. RIPARIAN BUFFER MITIGATION SITE JAA IZA 4 r' •r'' a r I- 911. NCCGIA. NCCGIA. sti'�IERE, Garmin. Legend ® Conservation Easement L:\WETLANDS\2018\40-18-093\maps\mapset *Boundaries are approximate and are not meant to be absolute. Map Source: 1998 NAPP Aerial Photography SCALE 1 700' Wingfoot Riparian CLEAR WA TER kHTIGA7YON Buffer Mitigation Site SOLUT7ays � Cataloging Unit 03020203 — Figure 6 Pitt County, NC 1998 Aerial Photograph March 2018 LMG LAND MANAGEMENT MUP — LMG # 40-18-093 En l,anmenrr,r consurron rs M LEGEND Parcel Boundary (-127 ac.) fi' it Conservation Easement (Surveyed) (-22.31 ac.) ` Top Of Bank ' s1 Buffer Restoration (Oft - 100 ft) (11.16 ac. =486,129.6 BMU) Buffer Restoration (101 ft - 200 ft) (2.00 ac. = 28,725.8 BMU) Buffer Enhancement (0.71 ac. = 15,427.5 BMU) Buffer Preservation (4.62 ac. = 20,107.4 BMU Riparian Habitat Corridor (1.59 ac. = No credits) G' v"1 TOTAL CREDITS (20.08 ac = 550,390 BMU) FOX &PARIAN BUFFER ITIGATION SITE NOTES: 1. BUFFER MITIGATION BOUNDARIES BASED UPON BASE SURVEY DRAWING FROM K2 DESIGN GROUP. 0 500 1000 gn00 SCALE 1"=1000' Wingfoot Riparian Buffer Mitigation Site CLEA1ZW1TERhPITIGA770N Cataloging Unit 03020203 SOLS°NS Figure 8A Pitt County, NC LMG Mitigation Plan Overview January 2019 LM G 18.093 LAND MANAGEMENT GROUP W e WEY'S co—,y LAWETLANDS\2018 WETLANDS FILES\LMG18.305 --- Winafoot Buffer Proiect. Kevin Yates\CAD\Winafoot.dwa eV1 ■ �� i' LEGEND Parcel Boundary (-127 ac.) — --- -- ,Conservation Conservation Easement(Surveyed) (-22.31 ac.) Top Of Bank ------------- ____—_____Monitoring MonitoringPlots Buffer Restoration (Oft - 100 ft) (11.16 ac. = 486,129.6 BMU) Buffer Restoration (101 ft - 200 ft) (2.00 ac. = 28,725.8 BMU) Buffer Enhancement (0.71 ac. = 15,427.5 BMU) Buffer Preservation (4.62 ac. = 20,107.4 BMU Riparian Habitat Corridor (1.59 ac. = No credits) TOTAL CREDITS (20.08 ac = 550,390 BMU) NOTES: 1. BUFFER MITIGATION BOUNDARIES BASED UPON BASE SURVEY DRAWING FROM K2 DESIGN GROUP 0 200 4nn Roo SCALE 1"=400' Wingfoot Riparian Buffer Mitigation Site CLEA1ZW1TERhPITIGA770N Cataloging Unit 03020203 sor,rrrrom 1 Figure 8B Pitt County, NC tLMG Mitigation Plan Inset January 2019 with Plot Locations LM G 18.093 LAND MANAGEMENT GROUP W , WEYf co—,y -:\WETLANDS\2018 WETLANDS FILES\LMG18.305 --- Winafoot Buffer Proiect. Kevin Yates\CAD\Winafoot.dwa I Al HISTORIC AERIAL PHOTOGRAPHY Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan DMS ID No. 100078 Wingfoot Property Moy-Turnage Road Farmville, NC 27828 Inquiry Number: 5232866.1 March 24, 2018 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR Toll Free: 800.352.0050 www.edrnet.com EDR Aerial Photo Decade Package 03/24/18 Site Name: Client Name: Wingfoot Property Moy-Turnage Road Farmville, NC 27828 EDR Inquiry # 5232866.1 Land Management Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 Contact: Randy Brant Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR's professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo per decade. Search Results: Year Scale Details Source 2014 1 "=875' Flight Year: 2014 USDA/NAIP 2010 1 "=875' Flight Year: 2010 USDA/NAIP 2008 1 "=875' Flight Year: 2008 USDA/NAIP 1998 1 "=875' Flight Date: January 26, 1998 USGS 1994 1 "=875' Acquisition Date: February 27, 1994 USGS/DOQQ 1982 1 "=875' Flight Date: March 29, 1982 USGS 1977 1 "=875' Flight Date: January 30, 1977 USGS 1974 1 "=875' Flight Date: April 01, 1974 USGS 1964 1 "=875' Flight Date: April 01, 1964 USGS 1961 1 "=875' Flight Date: October 24, 1961 USGS 1959 1 "=875' Flight Date: January 07, 1959 USDA 1957 1 "=875' Flight Date: January 19, 1957 USGS When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. 5232866 - 1 page 2 INQUIRY #: 5232866.1 s YEAR: 2014 4 N = 875' (rEDR' f - t� 4�s qY' �' � .. ., t s� ,.:"`�I r �` 1 1 1 1 .. �. t� 4�s qY' �' � .. ., t s� ,.:"`�I r - �0 '2 z .; �:. Ulm All of 9w fes, MIL be- a Y. � :X :�:. ;�>; _ .;� r =. - , . . _. _ .;� r �� �'` .. .. `c�rR'� .. lh .`.�... �... - ' k 1�.��r7. .r1,.'l ii jj.� .5 �� �: �' - . 7:: ��r?ice:. <� k,. - i�r , 067" -Pt4 r'-" � '"" ti- STREAM IDENTIFICATION FORMS Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan DMS ID No. 100078 IN UWQ Ntream Identification Form Version 4.11 Date: 3 Project/Site'. VAayv-N Evaluator: Wed F�-t o,� County: 1 Total Points: Stream Determination Stream is at least intermittent, b E h eraE Inte flet if 2: 19 or perennial if >_ 30" Li Zp Latitude: 3 S.$ (pq.6 q y Longitude: -I+. 53 V Other SP I e.g. Quad Name: A. Geomorphology (Subtotal= Z_ 15 ] 1 a,Continuity of channel bed and bank Absent 0 Weak 1 Moderate 2 trong1a, Strong ---- 2. Sinuosity of channel along thalweg 0 1 2 CD 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 0 0.5 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 QD 6. Depositional bars or benches 0 10 3 7. Recent alluvial deposits 0 FACW = 0.75; BL = 1. 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5) 1 1.5 10. Natural valley 0 0.5 1 .5 11. Second or greater order channel No = 0 es = aqui I. ww iw - 11- IGLCU, aaa uwwsaiuns in rndnudi B. Hvdroloav (Subtotal = R. q 7 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria { 1 2 3 14. Leaf litter 1. 1 0.5 0 15. Sediment on plants or debris 0 0.5 C ID 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 %,. Diuiuuv SI'luoiotal = L /_ • V 3 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed CD 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 ) 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 23. Crayfish 0 0.5 0.5 1 1 1.5 1.5 24. Amphibians 25. Algae 0 0 0.5 0.5 1.5 1.5 26. Wetland plants in streambed FACW = 0.75; BL = 1. Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: FL.&b 1 Al N F16w J , INU UWQ Stream Identification Form Version 4.11 Date: 3 �23 `� Project/Site: �Qvh Evaluator: We -C, Pir�County: fP Total Points: Stream Determination Stream is at least intermittent E hfperal InterHttei if >19 or perennial if >_ 30* p L� I I Latitude: 3S. G(4+5(0 Longitude: Other e.g. Quad Name: A. Geomorphology (Subtotal= I+ • U a Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 lY 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 26. Wetland plants in streambed 2 3 7. Recent alluvial deposits 0 CD 2 3 8. Headcuts NJ 1 2 3 9. Grade control 0 QUO 1 1.5 10. Natural valley 0 0.5 11.5 11. Second or greater order channel No = 0 Yes = 3 arwiciai oitcnes are not ratea; see oiscussions in manual B. Hvdroloav (Subtotal = q • D ) 12. Presence of Baseflow 0 1 2 13. Iron oxidizing bacteria 0 2 3 14. Leaf litter 1.5 tv 0.5 0 15. Sediment on plants or debris 16. Organic debris lines or piles 0 0.5 0 0.5 1 1.5 1 ==ZL 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 U. blolociv (6ubtot2l = L4 '- ] 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1. 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.7 OBL = 1. Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: rw• S ketch: S�v NC DWQ Stream Identification Form Version 4.11 Date: `Za Evaluator: ��wr Total Points: Stream is at least intermittent if> 19 or perennial if 2: 30* Project/Site:y� County: P�- Stream Determination Ephemeral Intermitter Latitude: as, 5(06 4%S Longitude: ��� , 5 329 Other e.g. Quad Name: A. Geomvr holo Subtotal = , 2 Absent Weak Moderate Strong 1a' Continuity of channel bed and bank 0 1 C2D 3 2, Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 �,� Q2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 10 3 7. Recent alluvial deposits 0 1Cn 3 8. Headcuts 0n 1 2 3 9. Grade control 0 ZIZ3 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 CYes73 01w 0 wwllcJ arc Iwl IGICU, JCC UIJGu55IUn5 In manual B. Wdroloav (Subtotal = /0'_G ] 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter CL.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? 1 No = 0 Yes = FACW = 0.75; 1*rSAZ�I$lfilftl� ■!`7] 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 3 21. Aquatic Mollusks 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 24. Amphibians 0 r0 0 0.5 1 1 1.5 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; CBL = 1 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: ��►o w 4 al1L w• tb ``' law- FtcbaPlF'.n� Flc�4 PI�rJ NC UNVQ Stream Identification Form Version 4.11 Date: ?�.''L3 l $ Project/Site: Latitude: 25, 5lA�-f,'8CK3 Evaluator: County:P�- Longitude:'-�.53(p3S Total Points: Stream Determination �ciral ) Other Stream is at least intermittent �, U I Q Eph eral Inter ttent r i e. GPH if ? 19 or perennial if ? 30• � � j� g. Quad Name: f A. Geomorphology (Subtotal=. 1 &0 Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 16. Organic debris lines or piles 2. Sinuosity of channel along thalweg 0 17. Soil -based evidence of high water table? 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or beat" 0 1 1 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1 1.5 10. Natural valley 0 0.5 11. Second or greater order channel No = 0 Yes = 3 Gi llil- ul w11- Glc 11UL IGIOU, JCC UI5GU551UIIb" III rrldrlUdl B. HvdroIoav (Subtotal = 16 - S 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 15. Sediment on plants or d0b1L-y 1 1 0 0.5 0.5 0 1 1. 16. Organic debris lines or piles 0 0.5 1 <5n 17. Soil -based evidence of high water table? No = 0 Yes = 3 %-. oicnuav [z!ILJDiorai = i i ..-7� i 18. Fibrous roots in streambed CD 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0,71'010131- = 1.5 ther = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: FtFC.I� r'<-fte 477 r v�+t NC DWQ Stream Identification Form Version 4.11 Date: 3 Iola, 1 ki Project/Site: y,,1 Latitude: 35.5 (GLF1L2_ j Evaluator: u-jes { r,,ta,r-- County: Longitude: -;+�. 53330 Total Points: Stream Deter circle one) Other �s Stream is at least intermittent �j h erame tte Perepial e. if 2: 19 or perennial if 30" �` � � E P �l � � g. Quad Name: r A. Geomorphology (Subtotal = Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 1.5 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence ® 1 2 3 4. Particle size of stream substrate 0 No = 0 CID3 1.5 5. Active/relict floodplain M1 05 2 3 6. Depositional bars or benches 0 C019 2 3 7. Recent alluvial deposits 6L 1 2 3 8. Headcuts ACW = 0.75; 1 2 3 9. Grade control 0.5 1 1.5 10. Natural valley 0 1 1.5 11. Second or greater order channelNo a 111 = 0 Yes = 3 & ��t.0 GII111ultli UILUMb CIC IIUI IdMU, see uiscussions in manual B. Hvdroloav (Subtotal = Ci • 0 ) 12. Presence of Baseflow 0 1 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or decor' 0 0.5 1 1 16. Organic debris lines or piles 0 0.5 1 1 17. Soil -based evidence of high water table? 0 No = 0 Yes = MML-n jL■i*VML-1910100-11 .rWW~Ml 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed (73 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 05 CD 1.5 24. Amphibians 0 C019 1 1.5 25. Algae 0 I'D 1.5 26. Wetland plants in streambed ACW = 0.75; DBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: c•IG�7C__ t A.W W% Sketch: & ��t.0 NC DWQ Stream Identification Form Version 4.11 Date: ?J. [ 2-3 I o Project/Site: Evaluator: Wee County: Total Points: Stream Deter Stream is at least intermittent 3 , 2S Eph eral xr if> 19 or perennial if 2t 30* (' "G/U-1 Latitude: Longitude: . 532 95. circle one Other �Co iterpWtte t Pereppial e.g. Quad Name: A. Geomorphology Subtotal = Absent Weak Moderate Strong 1a' Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence /'1 l� 1 2 3 4. Particle size of stream substrate 0 0.5 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 0.5 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 6D 1 2 3 9. Grade control 0.5 1 1 1.5 10. Natural valley 0 1 1.5 11. Second or greater order channel o = 0 Yes = 3 Sketch: �% artinciai aacnes are not rates; see aiscussions in manual B. Hvdroloav (Subtotal = '� � O ) 12. Presence of Baseflow 0 1 © 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 1 " 0.5 0 15. Sediment on plants or i240, 0 0.5 1.5 16. Organic debris lines or piles 0 0.5 (ij 1.5 17. Soil -based evidence of high water table? No = 0 Yes= 3 1 V. tSIOIDOV i Subtotal = A. 4-"7 1 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 lf=C3 1.5 26. Wetland plants in streambed ACW = 0.7 - OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: * n c ,oA eA Sketch: �% F1� L9 NC DWO Stream Identification Form Version 4.11 Date: J• I [ Project/Site: Latitude: 35 SCJ (Py 3,31 Evaluator: j)` �'� County: P .�- Longitude:__�q,53253 Total Points: Stream is at least intermittent 3 Q S Stream Determination {cir Other if >19 or perennial if >_ 30' Eph eral IM tient ere is e.g. Quadame:� n F-1 A. Geomorphology Subtotal =-t 5-t� J Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 3- 2. Sinuosity of channel along thalweg 0 1 0.5 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 / l J 2 3 4. Particle size of stream substrate 0 1M 1 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 1 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 1 2 3 9. Grade control CO 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 es = 3 Sketch: aruticiai oacnes are not rated; see discussions in manual B. Hvdrologv (Subtotal= q•r') 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5.2 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? 0 No = 0 1 es =73 U. blolow (Subtotal = 7S . L.5 ) 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 3 ) 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish ) 0.5 1 1.5 23. Crayfish 0 CO -..Q 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed CW = 0.75 OOBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: LID NC DWQ Stream Identification Form Version 4.11 Date: Project/Site'. Latitude: ? ,5(oLP abJr Evaluator: UJe5 �� County: Longitude: Total Points: Stream Determination ( re i I e.g. Other s(.= Stream is at least intermittent if >_ 19 or erennial if >_ Eh 30" Q , p eral Inte ttent g. Quad Name: A. Geomorphology Subtotal = V 'v Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 0 0.5 1 1. 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 M0.5 2 3 4. Particle size of stream substrate 0 1 1.5 3 5. Active/relict floodplain 0 1 2 0 0.5 6. Depositional bars or benches JQ 1 FACW = 0.75; BL = 1.5 3 7. Recent alluvial deposits CD 1 2 3 8. Headcuts 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 1 0.5 1 1.5 11. Second or greater order channel a No = 0 Yes = 3 ��•������.� ..�•..��...� v�v nva �a�caa, avu ulAl UaaluIIA III IIIdIIUdI B. Hvdroloav [Subtotal = / O - 0 1 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1. 1 0.5 0 15. Sediment on plants or debris 0 0.5 1.5 16. Organic debris lines or plies 0 0.5 1 1. 17. Soil -based evidence of high water table? No = 0 es = 3 %-. 1:31U1UUV lJuorarAl = r -A. KFS I 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed CP 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 M5 3 21. Aquatic Mollusks 1 2 3 22. Fish M0.5 1 1.5 23. Crayfish 0 0.5 1.5 24. Amphibians 0 0.5 1.5 25. Algae 0 0.5 1 1. 26. Wetland plants in streambed FACW = 0.75; BL = 1.5 Other= 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch. Ft00CpL`P'(ra S�� APPENDIX C. SITE PHOTOGRAPHS Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan DMS ID No. 100078 APPENDIX C. SITE PHOTOS — EXISTING CONDITIONS (1)Stream channel Al along northwestern boundary with NC DMS Fox Run Buffer site on left side of bank. (2) View of existing conservation easement marking immediately northwest of Wingfoot buffer site. Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 11 P a g e DMS Project No. 100078 •'' .. - r t .r 4,iw . =�' APPENDIX C. SITE PHOTOS — EXISTING CONDITIONS (5) View Reach 131 looking upstream (riparian buffer restoration proposed for left side and riparian enhancement proposed for right side). (6) Downstream segment of Reach 131 (buffer restoration proposed for right side and buffer preservation proposed for left side). Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 3 1 P a g e DMS Project No. 100078 APPENDIX C. SITE PHOTOS — EXISTING CONDITIONS (7) View of Reach 62 looking upstream (near confluence with Reach 63). (8) View of upper segment of Reach 63 looking down -gradient. Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 4 1 P a g e DMS Project No. 100078 BUFFER MITIGATION VIABILITY LETTER Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan DMS ID No. 100078 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director NORTH CAROLINA Environmental Quality September 26, 2018 Kevin Yates DWR #: 2018-0854 vl Clearwater Mitigation Solutions 604 Macon Place, Raleigh, NC 27609 Raleigh, NC 27609 (via electronic mail: clearwatermiti ation(a,)gmail.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Wingfoot Site Located off Moye Turnage Rd, Farmville, NC Neuse River Basin/HUC 03020203 Pitt County Dear Mr. Yates, On August 30, 2018, Katie Merritt, with the Division of Water Resources (DWR), assisted you and others from Clearwater Mitigation Solutions, LLC (CMS) at the proposed Wingfoot Mitigation Site (Site) in Farmville, NC. Staff with the Division of Mitigation Services (DMS) were also present onsite. The Site is in the Neuse River Basin. The Site is being proposed as part of a full -delivery buffer mitigation project for the DMS (RFP # 16-007402). At your request, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to surface waters onsite, which are shown on the attached map labeled "Figure 8B". Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. NQRTHC�QU" North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 Wingfoot Site Clearwater Mitigation Solutions, LLC September 26, 2018 Feature Classification 1 ubject Riparian Land uses Buffer 2Nutrient Mitigation Type Determination to w/in riparian areas onsite adjacent to Feature Credit Offset Buffer 0-200' Viable Viable at Rule 2,273.02 lbs/acre A (B-1) Stream Yes Mostly row crop agriculture Yes3 Yes (non- Non -forested fields - Restoration but also a combination of forested Site per 15A NCAC 0213 .0295 (n) partially forested & forested fields only) areas downstream Partially Forested areas - (see Figure 8B) Enhancement Site per 15A NCAC 02B .0295 (n) Forested areas - Preservation Site per 15A NCAC 02B.0295 (o)(5) B (B-2) Ditch No Row crop agriculture *see note Yes Restoration Site per 15A NCAC 02B upstream .0295 (o)(8) *Buffer Mitigation - Assessment concludes the ditch meets 15A NCAC 0213.0295 (o)(8) (A, B, C, D & E). More information on watershed drainage is needed for complete assessment. See rule. B (B-2) Stream Yes Row crop agriculture Yes Yes Restoration Site per 15A NCAC 02B downstream .0295 (n) (at DWR Fla C (B-3) Ditch No Row crop agriculture *see note Yes Restoration Site per 15A NCAC 02B .0295 (o)(8) *Buffer Mitigation - Assessment concludes the ditch meets 15A NCAC 0213 .0295 (o)(8) (A, B, C, D & E). More information on watershed drainage is needed for complete assessment. See rule. D (A-1) Stream Yes Row crop agriculture along Yes3 Yes (non- Non -forested fields - Restoration right bank w/ forested areas forested Site per 15A NCAC 0213.0295 (n) along left bank fields only) Forested areas - Preservation Site per 15A NCAC 0213.0295 (o)(5) E Not present N/A N/A N/A N/A N/A 'Subjectivity calls for the features were determined by DWR in correspondence dated September 24, 2018 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS z NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. Pape 213 Wingfoot Site Clearwater Mitigation Solutions, LLC September 26, 2018 The map that is attached (Figure 8B) was prepared by CMS for DMS and accurately represents the mitigation type determinations of each feature labeled in the table above. This map was initialed by Ms. Merritt on September 25, 2018. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DVWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. This viability assessment will expire on September 26, 2020 or upon the submittal of an As - Built Report to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer mitigation plans for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, KAH/km Attachments: Figure 8B cc: File Copy (Katie Merritt) Jeff Schaffer (DMS) — via electronic mail cl� Karen Higgins, Supervisor 401 and Buffer Permitting Branch *r W 111111F o Inc c m o a� c N D . z �3! . (A C C) oma W rn N w CD i T C z� o i O :=h M. r CO CD 00 °J O m 4tv 0 oO O K m9 Q a O C °'o cum— 00 c) Cl a) ! DSO 60-0 O Ov —' I ,,, �zx w z W -� � N 3 OwA C) s " h �,� '\ z c C C/) 00 O� L„z 19 —r -i CD i cD p � - Q fD r A IP ii CT O c i 'ADO 'a R „Y 7, i > `•_fit � � kJ �: , r ;!t' 4v co - �z ra m ®' ®®y (P 013 - 1 cD N n U)m m (D C7 , co °5 m IMP .a %. = m CD (DcXo 3 m a 07 m 3C �! 3 m m r. 5— m TI V! o _. 3 5 rn � A 00 N 0 p a t o O T w Q1 C O N ° � j T 1 O O Z iv tv p N O Ci n O T O A => > 0 T O 7 CDbo m W Co fJ y N C, y 0 n CATEGORICAL EXCLUSION APPROVAL FORM Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan DMS ID No. 100078 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. Part 1: General Project Information Project Name: I Win foot Riparian Buffer Miti ation Project County Name: Pitt EEP Number: DMS Project # 100078 Project sponsor: Clearwater Mitigation Solutions Project Contact Name: Kevin Yates Project Contact Address: 604 Macon Place; RaWei h, North Carolina Project Contact E-mail: clearwatermiti ation qmail.corn EEP Project Mana er: Ms. Londsav Crocker Project Description Clearwater Mitigation Solutions, LLC (CMS) plans to provide a full -delivery riparian buffer mitigation project known as the Wingfoot Riparian Buffer Mitigation Site, for the NC Division of Mitigation Services. The 20.63 -acre project site is located in Pitt County, approximately three miles southeast of the Town of Farmville, North Carolina. The project involves the restoration and enhancement of woody buffer along unnamed tributaries of the Little Contentnea Creek. An additional 2.26 -acres of riparian habitat corridor is being provided to allow for contiguous connectivity between an existing, adjacent NC DMS site (known as Fox Run Buffer Site). For Official Use Only Reviewed By: 11/29/2018 i Loll z /Cep . Date EEP Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date 4FHWA vision Administrator 6 Wo -mien 1 A wi sinc, Par Regulation/Question Response Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ® 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 ® 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? ® 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? ® 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 Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ® 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, 8/16/05 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? ® 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 ® 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 ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Archaeological 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 ® 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 ® N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ® Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes ® 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 specie and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ® N/A 5. Does the USFWS/NOAH-Fisheries concur in the effects determination? ❑ Yes ❑ No ® N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ® N/A Version 1.4, 8/16/05 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? ® 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? ® 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 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 Mag n uson -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 MigratorV 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, 8/16/05 I. MOM V1911 RECORDED CONSERVATION EASEMENT DEED AND PLAT Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan DMS ID No. 100078 Page 1 of 11 Mail: Bailey & Dixon, LLP Robert H. Merritt, PO Box 1351 Raleigh, NC 27602 I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII III Doc ID: 014323780011 Type: CRP Jr. Recorded: 03/08/2019 at 11:49:46 AM Fee Amt: $399.00 Paqe i of 11 Revenue Tax: $373.00 Pitt County, NC Lisa P. Nichols REG OF DEEDS BK3765 PG517-527 STATE OF NORTH CAROLINA PITT COUNTY ?r f/: '# 373. ea SPO File Number: 74-FQ DMS Project Number: 100078 Prepared by: Office of the Attorney General Property Control Section -Rttmff-4o: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this day of ?Y!tX C- /�-- , 2019, by Ham Equipment, LLC, a North Carolina limited liability company, whose mailing address is 963 Hwy 258 South, Snow Hill, North Carolina 28580 ("Grantor"), 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 seQ., 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 protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 411 Page 1 of 10 Book: 3765 Page: 517 Seq: 1 Book: 3765 Page: 517 Page 1 of 11 Page 2 of 11 WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Clearwater Mitigation Solutions, LLC, a North Carolina limited liability company, and the North Carolina Department of Environment and Natural Resources, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 7607. 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 81h 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 WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Farmville Township, Pitt County, North Carolina (PIN: 4636-53-8996) (the "Property"), and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 2 of 10 Book: 3765 Page: 517 Seq:2 Book: 3765 Page: 517 Page 2 of 11 Page 3 of 11 being more particularly described as that certain parcel of land containing approximately 136.17 acres and being conveyed to the Grantor by deed as recorded in Deed Book 3303 at Page 247 of the Pitt 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 an unnamed tributary of Little Contenetnea Creek. 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: Conservation Easement as shown on a map entitled "Conservation Easement Survey for the State of North Carolina, Department of Environmental Quality, Division of Mitigation Services, DMS Project ID No 100078, SPO File No. 74-FQ, Wingfoot Riparian Buffer Mitigation Site, Farmville Township, Pitt County, North Carolina" dated January 7, 2019, and recorded in Plat Book Page 200 , of the Pitt County Registry. TOGETHER with an easement for access, ingress, egress and regress as described on the above -referenced recorded plat and this Conservation Easement Deed. The Conservation Easement described above is hereinafter referred to as the "Easement Area" or the "Conservation Easement Area" and is further set forth in a metes and bounds description attached hereto as Exhibit A and incorporated herein by reference. 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: NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 3 of 10 Book: 3765 Page: 517 Seq: 3 Book: 3765 Page: 517 Page 3 of 11 Page 4 of 11 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. 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. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 4 of 10 Book: 3765 Page: 517 Seq:4 Book: 3765 Page: 517 Page 4 of 11 Page 5 of 11 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. 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. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 5 of 10 Book: 3765 Page: 517 Seq: 5 Book: 3765 Page: 517 Page 5 of 11 Page 6 of 11 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. 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, NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 6 of 10 Book: 3765 Page: 517 Seq:6 Book: 3765 Page: 517 Page 6 of 11 Page 7 of 11 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 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. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 7 of 10 Book: 3765 Page: 517 Seq:7 Book: 3765 Page: 517 Page 7 of 11 Page 8 of 11 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 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 NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 8 of 10 Book: 3765 Page: 517 Seq:8 Book: 3765 Page: 517 Page 8 of 11 Page 9 of 11 such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. 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. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Ham Equipment, L.L.C., a North Carolina a limited liability company, Grantor By: Ir(SEAL) obb G. Ham, Managing Member NORTH CAROLIN�A _ COUNTY OF �✓/3� I, Zdcii7- • 0&-42/ !% y k , the undersigned Notary Public in and for the County and State aforesaid, do hereby certify that Bobby G. Ham, Managing Member of Ham Equipment, L.L.C., a North Carolina limited liability company, Grantor, personally appeared before me this day, and acknowledged to me that he voluntarily signed the foregoing instrument in the capacity indicated. -t! Witness my hand and Notarial stamp or th t day of / e , 2019. Notary Public SWM 7�. j, MERR�T� Typed or Printed Name of Notary My Commission Expires: -5-- ' Zv, m AR o '000 #462102 �y jOUB�-�G �C� NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 �yF COIN, Page 9 of 10 Book: 3765 Page: 517 Seq:9 Book: 3765 Page: 517 Page 9 of 11 Page 10 of 11 Exhibit A Legal Description Wingfoot Riparian Buffer Mitigation Site Pitt County, NC 1. Permanent Conservation Easement (PIN: 4656-53-8996) A permanent conservation easement over a portion of land in Farmville Township, Pitt County, North Carolina, as shown on map entitled "Conservation Easement Survey for the State of North Carolina, Department of Environmental Quality, Division of Mitigation Services, DMS Project ID No. 100078, SPO File No. 74- FQ, of Wingfoot Riparian Buffer Mitigation Site, Farmville Township, Pitt County, North Carolina" dated January 7, 2019, recorded in Plat Book e3 , Page 2- 0,0 , of the Pitt County Registry, and being a portion of a parcel owned by Ham Equipment, LLC, a North Carolina limited liability company (PIN: 4636-53- 8996), more particularly described as follows: Commencing with an iron stake having N.C. Grid Coordinates N=664,414.9769', E=2,434,756.9415' (NAD '83, 2011) the following bearings and distances: South 88°30'35" East 364.99 feet to an axle; thence North 26°51'41" East 92.01' to a non-monumented corner; thence North 23°49'08" East 41.31' to an iron stake, the POINT OF BEGINNING. Thence from the POINT OF BEGINNING, North 23°49'08" East 185.38' to an iron stake; thence North 23°49'08" East 50.00' to a non- monumented corner; thence North 37°30'32" East 148.95' to a non- monumented corner; thence North 73°47'20" East 73.63' to a non- monumented corner; thence North 77°22'56" East 24.07' to a non- monumented corner; thence North 79°56'01" East 7.56' to a non- monumented corner; thence South 55°52'52" East 99.96' to a non- monumented corner; thence South 54°28'59" East 49.33' to a non- monumented corner; thence South 61°56'23" East 68.12' to a non- monumented corner; thence South 66°47'33" East 32.13' to a non- monumented corner; thence South 52°23'21" East 61.46' to a non- monumented corner; thence South 65°28'27" East 54.63' to a non- monumented corner; thence North 64°22'06" East 54.55' to a non- monumented corner; thence North 73'48'09" East 57.22' to a non- monumented corner; thence North 80°45'58" East 93.60' to a non- monumented corner; thence South 38°22'46" East 130.99' to an iron stake; thence South 51'09'49" East 475.07' to an iron stake; thence South 20°03'48" East 307.42' to an iron stake; thence South 08°57'59" West 148.01' to an iron stake; thence South 28°32'34" East Book: 3765 Page: 517 Seq: 10 Book: 3765 Page: 517 Page 10 of 11 Page 11 of 11 251.10' to an iron stake; thence South 69°50'25" East 207.57' to an iron stake; thence South 89°13'54" East 240.61' to an iron stake; thence South 32°30'12" East 222.28' to an iron stake; thence South 73°34'52" West 111.81' to an iron stake; thence South 88°36'45" West 242.81' to an iron stake; thence North 77031'07" West 188.40' to an iron stake; thence North 61032'52" West 221.56' to an iron stake; thence South 45°08'23" West 122.16' to an iron stake; thence South 20°19'13" West 157.92' to an iron stake; thence South 33°04'38" West 221.02' to an iron stake; thence North 57°36'00" West 6.00' to an iron stake; thence North 57°36'00" West 111.14' to an iron stake; thence North 32°36'36" East 223.56' to an iron stake; thence North 12°25'42" East 74.96' to an iron stake; thence South 78°12'31" West 256.28' to an iron stake; thence North 10°58'50" West 128.67' to an iron stake; thence North 80°15'22" East 383.99' to an iron stake; thence North 47°02'01" East 76.21' to an iron stake; thence North 22°33'28" West 203.48' to an iron stake; thence North 72°21'18" West 295.77' to an iron stake; thence North 79°02'26" West 208.20' to an iron stake; thence South 22°17'46" West 333.73' to an iron stake; thence South 78°48'03" West 287.60' to an iron stake; thence North 88°11'14" West 318.80' to an iron stake; thence North 59°22'38" West 274.58' to an iron stake; thence North 44°58'49" East 230.67' to an iron stake; thence South 61°19'53" East 171.77' to an iron stake; thence South 87°40'08" East 219.29' to an iron stake; thence North 78°38'32" East 138.37' to an iron stake; thence North 25°05'15" East 324.46' to an iron stake; thence North 74°16'14" East 174.22' to an iron stake; thence South 78°53'40" East 268.42' to an iron stake; thence South 60°34'45" East 104.17' to an iron stake; thence South 76°28'51" East 219.95' to an iron stake; thence North 12°12'23" East 76.11' to an iron stake; thence North 25°19'30" West 243.54' to an iron stake; thence North -59°43'27" West 439.25' to an iron stake; thence South 63°04'21" West 171.47' to an iron stake; thence North 64°01'57" West 341.12' to an iron stake; thence South 62°25'30" West 183.15' to an iron stake; thence South 88°44'05" West 133.75' to an iron stake, which is the POINT OF BEGINNING, having an area of 22.31 acres. 00460809 2 Book: 3765 Page: 517 Page 11 of 11 Book: 3765 Page: 517 Seq: 11 Page 7 of 9 z rd Idnazo L16-+0 tk toot m lHVl&d0.7 w m µ❑3µp1I m J x � �d Q ¢ Z pp Y J_ Z W CU ZW fl 2ff. NEIwi ,0. J^ O Z� xm%� UxZ_dmxN S a� 'min W V 0 pQer Ux w QHJ VL7H OOU u7 ¢a ~ d '*� c7v� Q F ¢ r-�rd' J �W+ ❑ x V Z t: o�cW W 11-: W U.<z ` � z$� ...+ W H W Q �yN�yII Q W W a `- % w O Lu 3 W W Z_ 6 2 O w �il ❑p N C O �' ` a a"' O O N Q CrG W �Jw LU UJW�rCJ1aFW�� W �U NWSox�W W O= S m❑ ' Fes.+ w z o w¢1,y,I �¢ � r W a r 4 r LL aQ W Q= O aWm SRV) � �M�z UwF �xw rrt w 81L❑ .arnm Q N� IWlC1� ROO,?..(I❑�� TC,7 '�iJ]X Luz d W LLi D J pwQ �� U /'� z Cp W YU-ZF6�Ci(5 W a. J'{�aZliLI�� ❑� F � ''jI LL xx� 2_ }ww Jn 0Ort W`./ i_ , ❑ O U CO `r .H❑[7Z?7❑wiz;Zd O❑ �sU m 7 I I I QW 6 �¢ �N ---ON0. Cc J, Q 0 JLU S Cf7N��=zHN�y(�LU y pP:IL ~LLI ❑ w � � FN W =tq - ��W M ti�O0 J Z J U Z-Nw , F- -x ❑ [� T �7W W I I d' Z�` J moo --I a. 0 (� LU 1� W Z O 7C . w UJ X Q 7 W a yIy} d Z W r U7 z W W d u�i n J 4 Z T IJP W W Z _,W`X��WWW�-+UW�4JW?�'W}❑�L22 u7�N I I I �W Oa Lp t �ON7[] Q L! �� Qa CL rn as a i a�JmNN .. w+�-, W �^ ❑ a �ao��❑a�xya $ m o-- F -x W ^ a Ljjwuj aWWwUOmwlulailzw�o� ° I L�i �i�s m� 'o U * 0 Q Z 9-00 a= p r� -'OU 4E W = Z r- Z uj ul - d A �Ua)+1(aov ��y� o Q (o� N_ U O Q1 N -1 -1 Y ` �_ a V d ❑CCILaJ m C W Om 4 Q a F Wf J W Z � H L eh 116 LZU LU 2sw 'Q \ (�} J ar W WAmo ~ w w vj aJ� \ `-' O �N ? UA ~ 0 0 00 WQ= 0Kz7 II mJwul w ��ilzy ; (A Q Z 4L -y Q❑ pozw a a� - Lys j `_ =w� W N W 0 4A Z 0 o a LL }�w0 o v" 1131LLI LL (n p [7 w L`JU 111111 R pN2Ym l _ ; Q Q OU w U LL m LU �_ ? $� pWa �d9 ® AK b 0 LU x "' V Q 0 W W v c� t !.. =i w } MA m �ma�' Q `\ti �� �\� e ren? Q Z >C - p�wU xaa Qs� C \ s) Wz I H z N j W Erwoo Q m Lzs O L0 O \ ® i (v N Z4 UM IXWFpm}LU 6 m w aaI�lI _ LLW❑¢N�a �S i 'u N U r v [fi m �o�LL w LL z lr ti rry��° e� �'® �o Ld F CA W¢ U � w 4 1 V 1 `` x cc z�wZa ro a gLU ix 0 z G Q is i� ��� O� aU) LLI w LU W 03 a rLLU�a �aU LU 4v�1 �' a w U 111 n W co a } I n } w 44 1 �m o2 ;_ �`0 z� i Q 1 U U7 d m L wz �o iy Q [ , `l M Q m a W � N 3 r + Lu �❑k g `� �_ �� n �1 wlo 7 zJ �nm L:.J l I LU c zU Y h Fz n x❑ 0 W z U M W z CF) r 4 x O J l rN e OW y¢j LLI a- t� ', c� Nr ee�¢ muj 2 4 1 ❑_ 1 f7 WC -A ZLn wz mUr Q J (� J W ❑ �� N y�a l_ W O m �� w m rG n7 m a fn W F- W U = Q J a= ❑ 1 (A U Z 7 2 a s (� Jf 11l V m a a.= N m Ju�f� ' ❑ ��� `:J I h QQy M aFF ❑ 2Lu QJ _ Z LL LU ❑ rz❑ z 00 1: 03❑ LLJ U. '� i i Vj � F J W I� W® r'� 7� ���" V '' � i �±} � w 1L Vj a W a l O O Q Z O C z LL � � Z = x` i r1Ce N �� vYt� j r �J W Ou�y F¢ �ZY Vl 'ODOR Q W M .0 /io` � �r,l ���®ss ►�r� ?ca+� 5 ee �'�� � �o°� �' = g �❑1 p�p�� 0 rapo ��.—A, ��i `ZJW�N+gCL yV ❑^yQ a ❑0A ❑ in • 4] [ry 1L �W LL w e`�A. O �N �•�:• V W N p IaI LJ iYC W (� w i!'I ❑ - W O W I�i`� �9 ��❑jW l +i W Wj O cry 2 1 f '��Z ❑ C S I a �� toy S-ZEr 4 J � D(] vn N � C) (L Uj Is pp Iy LOL LOp C) N J Vl \ OI a 9H� (rJ II II W r❑ (Ii �J N / Q I N \� N6LIOUi LU N=Fm `l1 �zLO 5 0 In z ZZW m04 N V O w N C I o U J p U® W N a.Lli L, �... �� Jw_ \ ?W W XC lf` ` W� W VS Wo oo� W 0 ( y Q 4 ZQx Y� n WLL ,+ '� NU= 0 Q �y W Z / jFoa `i�� LLO agm ILIL � \ UO l` 4 Fr ❑xd 4a1 C7 C7 w�p �a =� d° �'zz� z Y� m \ 4 J x Q❑ Fr "" J / z Z a w 1 y� m xN W W W W J Cm to zN Lu SO W U. w a i y 1 w 1 I u� o I N 2 c4i P LU L LOZI£$ OdN ` ONO ON H12iON RIW g 1134 L J C . N C 5' AGE RQ vl z u3 [ ► N J ► �r: •' Q rr 'j� rrrr•rrr �O i aas `•. ,Y +A9yi1�f11{!{{R{{ TME 'a ❑ w a C +� v a � Q m TO � C J c �pLO ly = -- w cgi Y 0' m a q �3 g a iC Q E rte,. c x cc �_ c n N l LU LUI = r�o j 6��7 L Q- QOL us❑�'= "°'�, IQ7 `°yyam �� s i ui M C ' ER N VNa1 L, q v } t om z � � ❑ � y �+ -r- , -00 0 �N , rI = ii U! C `IL a a ac� �� v Q•Q m m _ ❑z �; err = s m 10 � -+ V L (U E � '+ �' �"" � m •LA � F t`i Le) 52 �_ 47 a m e `' +v� c t ❑ a' 3 a yv c �' 00 OLul O 3 A � �, c c c E i ` CL >1m m (D 3:,82 C7 W {{{► .vlrYP L Z Y a a��Nv g g �s E='S� N� t H Q m� p� :% �. Y WC�7W 4 ds Ca'^' m= o a61;4s T t t E °n mt= c��r)� �t� °� t ; m� x m = S r ❑ �� -r ate(] •.��` p N.C," 1139 IL s y E [9 y� H , ,j IL �.4j 0 W N O! V •� N L L ilk• JH r V •W Cj �. i L T° = O O N �.•` MCYE-7l1RNA(3E RD h d M Tw A G C �+ 6CC i! _ _ LL oar +� -f s = __ ` m = aY v,Q� N 4 :U- U zmF A'� _ ❑� ❑ t u m dvNA. Y C1 ° uo i] H E' er = ,�-, e'n 0 ❑ QCLJ;w LU� �.� !L N C � f6 R �p , a m ` Z Q o 'V t Z a Q E Y i� Q m u] • /� •....••' • M07 O�z " o n N V «'�+ _" vHi M. 4u O� $ a? O y p j Z'M l�' aa1 ■r o t o= ❑ yQ x ❑ o v S- �N a .� x -q1$ * W _ I a �► ir, r iri w O= r+ rup 1 *= g -0 +C T, H i W 7 3 x 09 E y [yam J' ZGoa(�_ nu7.� nYn QQn 1� r- a NP •nr��r� n ,�,�ii ggu�u�cgIgr'iF mn OFO N�r�' mn 17Sn�17im rn ❑z u����n�"i•rnoo����i05��m�rb3r�aoe��ntn�nr�.-oC�r oC�74Nru��a>;v e'�ror r.ry�e�ii•� �`�i, V W oe3 W yC7 rNNe�• u�,�rl $�uia�poola���G, u'ilei r4i �gW� �!;,�fn!"�Q,� 1pir 1n�Ym 0=CUOU� M uiM PON � ri m �m` ¢ � N � W Y Y Y Y Y Y Y Y Y Y a Y Y Y Y Y Y d Y Y Y TT Y Y Y Y Y Y a a Y Y Y a a Y Y Y Y Y Y t rt Y Y Y Y Y Y Y Y Y 0❑ C� r�W�p� on � a- LON� #¢-z `�r�AcvA�i,'"rr�bS7i�edA�t4� � no n �� ��i a�S�n�fr,•- �N❑pa aora���[�y r � acnrm� W � ❑ lO ra 07r r � N �cON�NC N Y Y 1tir n�i cQin Nrni u7�r�omw Ocnc+1� n n nxnn nnn Z< iY y U T��rY7�NlP cc �e-e��- 'mm �+pppp Os pppp �y YI!NI!oP�1C,•�nPi•n��Yr�ruYi`e�4YrrnM���O�R7`pi•rr�e�V7�tO 1�Qi+7pp ppppb-rQp��R � l�V � � p�+�V 2qw i[]i[7 mm �j �+- pppp �+j� Nl7 my7 pp��-C+lYbf+-rp-pp�ry SiOYCruy � iO [H CO pp��r�O bO �I �� �C U~lmrc"i+n7+i���lQ ❑ i�'y7 �yyp�� Amy �Qgy 1p�� mp NIV�NM 1m+ � �Nr �pp�yy�N�Yryryn� Of pppp Y Y �+/rlyrr �pp �N�N��tr m L'�7 l7rrr�r Rl tnm aM1Nnmm 3 O1�cO mma�yy P7 {C��u7 Arrn'`gr'aPirNppN�ryryryyrNr��yyNN Z �rN WW Nr �NTrN �ryry �� � ���Y�7NmCV t+F• ?¢ wr��� O i�i���� � w www � � �[�l7w�w�'77,�[� � � [VVT��rN � �� �_!xrxr�xrQ ��� ww �� �UO wrywrywww�►jj�l�fw Twp m wj[1�7lyw���ii.!!I � • � � ~ ��� C+y ~ V m ww�++ r zi�pZ�=ZVJVIZZ�NN222N�NZ�2ppZVmm72p�N([Zvyy�7(Z��Z�2''jjZZ[Nyy��''��Z22N�NNNppfNp(��yyjj1(�����{Y���11N����pV((ppy71�(�rr(��1Zmm1��lG®®��7�Npppp� N � � r � v ?�? LLr� C;;6 � e � w�� e r � � � ¢ � [V lt]il3 v �pyp���NN��1���1�y i' v � N ��� i� P7 [y P'7 SMS 4 W = 171 �JOJJJJJ'JJJJ��JJJJJJ�J�J �z� i= owew � ❑ � � ❑ �� J�J���J�J U �� JJ���J��J_]JJJJ � to JJJJJJ x�� 'j'lJL C7W w c� o a❑ V w � �pxx �Cy p��pppp�r�rrrrrr {�ff��Apppp O NC1Y47rDna001prN r rNNNNNNNN���'iM m Y11((��ppppn �y [+1 [+I [+3 [+1�[•7 n G1OrNm N7MYYYa� bOOna7�v vYYvvl�i �7 ry n W �K7�� W F(�� U W aoS�Q� U ZZU X07 iY y U T��rY7�NlP cc �e-e��- 'mm �+pppp Os pppp �y YI!NI!oP�1C,•�nPi•n��Yr�ruYi`e�4YrrnM���O�R7`pi•rr�e�V7�tO 1�Qi+7pp ppppb-rQp��R � l�V � � p�+�V 2qw i[]i[7 mm �j �+- pppp �+j� Nl7 my7 pp��-C+lYbf+-rp-pp�ry SiOYCruy � iO [H CO pp��r�O bO �I �� �C U~lmrc"i+n7+i���lQ ❑ i�'y7 �yyp�� Amy �Qgy 1p�� mp NIV�NM 1m+ � �Nr �pp�yy�N�Yryryn� Of pppp Y Y �+/rlyrr �pp �N�N��tr m L'�7 l7rrr�r Rl tnm aM1Nnmm 3 O1�cO mma�yy P7 {C��u7 Arrn'`gr'aPirNppN�ryryryyrNr��yyNN Z �rN WW Nr �NTrN �ryry �� � ���Y�7NmCV t+F• ?¢ wr��� O i�i���� � w www � � �[�l7w�w�'77,�[� � � [VVT��rN � �� �_!xrxr�xrQ ��� ww �� �UO wrywrywww�►jj�l�fw Twp m wj[1�7lyw���ii.!!I � • � � ~ ��� C+y ~ V m ww�++ r zi�pZ�=ZVJVIZZ�NN222N�NZ�2ppZVmm72p�N([Zvyy�7(Z��Z�2''jjZZ[Nyy��''��Z22N�NNNppfNp(��yyjj1(�����{Y���11N����pV((ppy71�(�rr(��1Zmm1��lG®®��7�Npppp� N � � r � v ?�? LLr� C;;6 � e � w�� e r � � � ¢ � [V lt]il3 v �pyp���NN��1���1�y i' v � N ��� i� P7 [y P'7 SMS 4 W = 171 �JOJJJJJ'JJJJ��JJJJJJ�J�J �z� i= owew � ❑ � � ❑ �� J�J���J�J U �� JJ���J��J_]JJJJ � to JJJJJJ x�� 'j'lJL w Book: 83 Page: 200 Page 1 of 1 Book: 83 Page: 20€� Seq: I 0 2qw z pw m w � 3• vW $�z ui 3 � 3 W W��� Z ❑? WW 3 � 4[7 ?¢ �� O �S Z �� � ��� D? �UO w m z� ww�++ xJ U � V 1� ?�? LLr� C;;6 WD � w�� z� {� �J� Ii0 a � W �❑ L4g� a a ��� i� jW� �V �z� i= owew � ❑ � � ❑ �� �❑� U �� � to x�� 'j'lJL w c� o Book: 83 Page: 20€� Seq: I