20180854 Ver 1_Final Approved Mitigation Plan_20190812

ID#* 20180854 Version* 1
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Katie Merritt
Initial Review 08/12/2019
Completed Date
Mitigation Project Submittal - 8/12/2019
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Lindsay Crocker [e-mail]
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Existing 20180854 Existing
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Project Type: r DMS f Mitigation Bank
Project Name: Wingfoot
County: Pitt
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Mitigation Plans
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MITIGATION PLAN
Winp-foot Riparian Buffer Mitip-ation 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:
nkf
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
HUC 03020203
PREPARED FOR:
N�'�
NC Department of Environmental Quality
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
PREPARED BY:
Clearwater Mitigation Solutions
CLEAR WATER 1 TI A77O
SOLUTIONS 6
604 Macon Place
Raleigh, North Carolina
Authorized Representative: Mr. Kevin Yates
Phone: [phone]
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............................................................................................. 11
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 NRCS Soil 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 I P a g e
DMS Project No. 100078
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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 5.................................................................................................... Site Protection Instrument
Appendix A........................................................................................ Historical Aerial Photography
Appendix B.......................................................................... NC DWR Stream Determination Letter
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
Attachment A ................................ NC DWQ Buffer Interpretation/Clarification Memo #2008-019
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan ii I Page
DMS Project No. 100078
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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 riparian 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, wooded riparian areas 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 riparian areas 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 I P a g e
DMS Project No. 100078
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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.
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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
Hydric
andscape Position and
Unit
Series Name
Drainage Class
Soil
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)
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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.
On August 30, 2018, Mr. Anthony Scarbraugh of the NC Division of Water Resources (DWR) conducted on
on-site determination of site channels for the applicability to Neuse Riparian Buffer Rules (15A NCAC 02B
.0233). Mr. Scarbraugh determined that three reaches (V2 A, the downstream segment of V2 B, and V2
D are subject to Neuse Riparian Buffer Rules. Note that V2 A and V2 D were identified as perennial streams
while the downstream segment of reach V2 B (starting at Flag 18-0854 V2 B E/1) was identified as an
intermittent stream. The upstream segment of V2 B and reach V2 C were identified as ditches not subject
to the Neuse Riparian Buffer Rules. A copy of the DWR Stream Determination letter (dated September
24, 2018) with corresponding maps is provided in Appendix B.
Note that for the purpose of this Mitigation Plan, the nomenclature of site reaches will be consistent with
those presented in the project's Technical Proposal and as referenced in the "Site Viability for Buffer
Mitigation and Nutrient Offset Letter" prepared by Ms. Katie Merritt of NC DWR (letter dated September
26, 2018).
The buffer mitigation site consists of four stream reaches (Al, B1, B2, and 133) as illustrated in Figures 8A
and 8B. Reach Al (referred to as V2 D in Mr. Scarbraugh's stream determination letter) 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 BI (referred
to as Reach V2 A in DWR's stream determination letter) 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 B1
within the proposed buffer easement area. Reaches B2 and B3 (V2 B -ditch and V2 C, respectively, in
DWR's stream determination letter) flow into Reach B1 (Reach V2 B -stream in DWR's stream
determination letter) from smaller drainage areas on the southern portion of the site. Reach B2 is an
intermittent stream consisting of approximately 585 If of stream channel. Reach B3 is a non -stream ditch
exhibiting an Ordinary High Water Mark (OHWM) and flows directly into reach B2. Site photos of existing
conditions are provided for reference in Appendix C.
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Table 2. Stream Attribute Summary
Stream Attribute
Stream Reach
Al
B1
B2
B3
Flow
Perennial
Perennial
Intermittent
Seasonal RPW
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 (Typho 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
pine (Pinus toeda), 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 toeda).
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 riparian area restoration.
Approximately 13.16 acres of existing agricultural fields are targeted for restoration while approximately
0.71 acres of fields recently laid to fallow are considered suitable for riparian area enhancement. An
additional 4.62 acres of existing, wooded riparian area 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,
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DMS Project No. 100078
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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 (o)(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 (which is referenced in Section II (L) of the recorded conservation easement). In
addition, the watershed draining to the ditch is at least four times larger 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.
' Note that in the event that any direct conveyances (i.e. Ditch B2 and 63) cannot be eliminated and flow converted
to diffuse flow, then the Provider will reduce the amount of credits associated with direct conveyances in accordance
with the NC Division of Environmental Quality's Buffer Interpretation/Clarification Memo #2008-019. This memo is
provided as an attachment to this Mitigation Plan for reference (see Attachment A).
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Table 3b: Buffer Project Areas and Assets: Riparian Buffer Credits — Wingfoot Riparian Buffer Restoration Project
RIPARIAN BUFFER (15A NCAC 0213.0295
Location
Jurisdictional Streams
Restoration Type
Reach Buffer Width Creditable
ID/Component (ft) Area (sf)*
Rural or
Urban
Subject or Nonsubject
Restoration
20-29
Al, B1 30-100 414,636
Al 101-200 87,048
B2, B3 (Ditches) 0-50 71,494
Enhancement
20-29
B1 30-100 30,855
101-200
28,725.840 Yes
SUBTOTALSI 604,033
100%
ELIGIBLE PRESERVATION AREA1 201.344
Initial
Credit
Ratio (x:1)
%Full
Credit
Final Credit
Ratio (x:1)
Riparian Convertible to
Buffer Credits Nutrient Offset
(BMU) (Yes or No)
Initial
Credit
Ratio (x:1)
75%
1.33333
-
Preservation
100%
1.00000
414,635.600 Yes
1
33%
3.03030
28,725.840 Yes
Nonsubject
100%
1.00000
71,494.000 Yes
30-100
75%
2.66667
-
2
1 100%1
2.00000
15,427.500 No
75% 4.00000
33%1
6.06061
-
33% 9.09091
530.282.940
Location
Jurisdictional Streams
Restoration Type
Reach Buffer Width Creditable
ID/Component (ft) 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, B1 30-100 201,074
100% 10.00000 20,107.400
101-200
33%1 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
1 30-100
100% 3.00000
101-2001
33% 9.09091
SUBTOTALSI 201,074
TOTALS 1 805,107
20,107.400
550,390.340
If Converted to Nutrient
Offset
Nutrient
Offset: N (Ibs)
Nutrient
Offset: P
(lbs)
-
0.000
21,637.019
0.000
4,542.445
0.000
3,730.787
0.000
-
0.000
0.000
29,910.250
0.000
*Preservation creditable area is less than 25% of the total creditable mitigation area and is therefore in compliance with 15A NCAC 02B.0295(o)(5) which limits
preservation mitigation area to no more than 25% of total mitigated area.
**Total creditable areas may be reduced in the event direct conveyances associated with Ditch B2 and Ditch 3 are not eliminated and converted to diffuse flow.
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan
DMS Project No. 100078
May 2019
71 Page

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 area
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 areas in the region.
The project will include the restoration and enhancement of riparian areas adjacent to 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 area. 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 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. The species consist of
four hardwoods and one softwood (bald cypress). Bald cypress is well-suited to the mapped hydric soil
series of the project area (particularly the poorly drained Tuckerman fine sandy loam series) and is
characteristic of small stream swamp communities and drainageways of the Outer Coastal Plain of North
Carolina.As such, it is considered appropriate for planting of the riparian buffer and riparian areas.
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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.
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
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 9 1 P a g e
DMS Project No. 100078
May 2019

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. All planted stems within the monitoring plot will be flagged. 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 remedy site deficiencies. For instance, invasive
vegetation management may be needed if exotic species volunteer into the site.
Annual monitoring of this site will occur no earlier than late August of each year. The first year vegetation
monitoring event will occur in September or October of 2019. 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.
z 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
May 2019

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
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 will periodically install signage as needed to identify boundary markings as needed.
The landowner shall contact the long-term steward if clarification is needed regarding the restrictions
associated with the recorded conservation easement. The landowner shall also report damaged or missing
signs to the long-term steward, as well as contact the long-term steward if a boundary needs to be
marked, or clarification is needed regarding a boundary location. If land use changes in future and fencing
is required to protect the easement, the landowner is responsible for installing appropriate approved
fencing.
Long-term stewardship activities may include (but are not limited to):
• Signage installation and maintenance along the Site boundary to denote the area protected by
the recorded conservation easement;
• Evaluation and repair/remediation of diffuse flow; and
• Evaluation and remediation of nuisance vegetation.
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 111 P a g e
DMS Project No. 100078
May 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
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 will periodically install signage as needed to identify boundary markings as needed.
The landowner shall contact the long-term steward if clarification is needed regarding the restrictions
associated with the recorded conservation easement. The landowner shall also report damaged or missing
signs to the long-term steward, as well as contact the long-term steward if a boundary needs to be
marked, or clarification is needed regarding a boundary location. If land use changes in future and fencing
is required to protect the easement, the landowner is responsible for installing appropriate approved
fencing.
Long-term stewardship activities may include (but are not limited to):
• Signage installation and maintenance along the Site boundary to denote the area protected by
the recorded conservation easement;
• Evaluation and repair/remediation of diffuse flow; and
• Evaluation and remediation of nuisance vegetation.
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 111 P a g e
DMS Project No. 100078
May 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
May 2019

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L:\W ETLAN DS\2018\40-18-093\maps\mapset
*Boundaries are approximate and are not meant to be absolute.
Map Source: Del-orme 2012 Atlas & Gazeteer, Pages 43 & 65 SCALE 1" = 1 mile
Wingfoot Riparian CLF,4RWATER ffTIGA77ON
Buffer Mitigation Site SOLTTTTO'vs
Cataloging Unit 03020203 Figure 1
Pitt County, NC Vicinity Map
March 2018 LMG
LAND MANAGEMENT GROUP.-
LMG # 40-18-093 En f,onmen mf Consurron rs

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4
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Duplin (CC -BY -SA)
Legend
- Project Boundary
Targeted Local Watershed (03020203070030)
8 -Digit Hydrologic Unit (03020203) SCALE 1" - 10 Miles
Wingfoot Riparian c'r�Rrlar�x.lr�rlu.tnov
Buffer Mitigation Site SOLM07v51 Figure 2
Cataloging Unit 03020203
Pitt County, NC Watershed Map
March 2018 11
mow �coM_
LMG # 40-18-093

C --
SITE r
FOX IRiUN
-�
RIPARIAN BUIFIFER� s:
MITIGATION SATE\L-101 Ail
/
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corn
rc-
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20
o
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NC911, NCCGiAM
A;:ERE pnStree Map.contrib utors
Legend
® Conservation Easement
L:\WETLANDS\2018\40-18-093\maps\mapset
*Boundaries are approximate and are not meant to be absolute. SCALE 1" — 1 500'
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
CLEARWA TER ffTTGA 77011T
LMG
LAND MANAGEMENT GROUP.—
En to! Co.wfty rs
Figure 3
Topographic Map

Legend
w, Fox IRUIN _-. k-.- _._..— Elevation
RIPARIAN BUFFER
MITIGATION SITE 78.49 - 83.13
73.85 - 78.49
SITE - -
. 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
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 CLF,4RWAT'ER kffTIGA77ON
Buffer Mitigation Site SOLTTTTO'Vs
Cataloging Unit 03020203 Figure 4
Pitt County, NC LiDAR map
March 2018 LMG
LAND MANAGEMENT GROUP.—
LMG # 40-18-093 En ironmentol Consulron rs

Ch 0C
LY
WEI � ria ExB � T SITE
1 / FOX RUIN 1�' RIPARIAN BUFFER BY QcB Co
Ly Ex8 Er.A MITIGATION SITE
rA Co t1i NrG 1 4 WaB WaB
ExB ExB
NrB ` u r
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ExB ExB Co
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I? MaB Tu
ExA ` �a GoB -�
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Wa B _
Co
Ag ALegend — �OCB
ga loamy sand, banded substratum, 0-6% slopes �ExA Raj NrB Os' �� _ ;� +
Bb: Bibb complex
Co: Coxville fine sandy loam
Crb: Craven fine sandy loam, 1-6% slopes NrB ExA \J
ExA: Exum fine sandy loam, 0-1 % slopes }
GoA: Goldsboro sandy loam, 0-1 % slopes — - WaBExA Ra
GoB: Goldsboro sandy loam, 1-6% slopes Ra
Ly: Lynchburg fine sandy loam OA Oc6 Tu ~
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 CLEARTVA TER lff TTGA 770 -NT
Buffer Mitigation Site SOLI-, -Tovs
Cataloging Unit 03020203 Figure 5
Soils Map
Pitt County, NC
March 2018 LMG
LAND MANAGEMENT GROUP:—
LMG # 40-18-093 En vf,anmen[nl Co nsulton rs

A _
FOX IRUN '
�I► R IFARfAN BUFFER
MITIGATION SITE
SITE
eT.'4y�[
r
I - _
i s N 911, NCCGIA, NCCGIA' i, ERE, Garmin, © i r
Legend
® Conservation Easement
L:\W ETLAN DS\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 CLF,4RWATER ff77GA77ON
Buffer Mitigation Site SOLTTTrom 4
Cataloging Unit 03020203 Figure 6
Pitt County, NC 1998 Aerial Photograph
March 2018 LMG
LAND MANAGEMENT GROUP.—
LMG # 40-18-093 En f,onmen mf Consurron rs

LEGEND
Parcel Boundary (-127 ac.)
Conservation Easement (Surveyed) (-22.31 ac.)
/
r Top Of Bank
< e
Proposed Disking Area (-1.39ac.)
Proposed Mowing Transect Area (—0.57ac.)
z
4'p"e
a
. t . ?,A*
NOTES:
1. BUFFER MITIGATION BOUNDARIES BASED UPON BASE SURVEY DRAWING FROM K2 DESIGN GROUP.
0 0
SCALE 1 "=400'
Wingfoot Riparian Buffer Mitigation Site CLEAR WATERhffTIGATlON
Cataloging Unit 03020203 SOLUTIONsFigure 7
Pitt County, NCConservation Easement
4LMG
January 2019 with Proposed Disking Areas
LMG 18.093 LAND MANAGEMENT GROUP
a DWEr1 c—papr
L:\WETLANDS\2018 WETLANDS FILES\LMG18.305 --- Wnofoot Buffer Proiect. Kevin Yates\CAD\Winofoot.dwo

i
`t
0
Eli 4
NOTES:
1. BUFFER MITIGATION BOUNDARIES BASED UPON BASE SURVEY DRAWING FROM K2 DESIGN GROUP.
0 500 1000 2000
SCALE 1 '=1000'
Wingfoot Riparian Buffer Mitigation Site CLEAR WATERhffTIGATlON
Cataloging Unit 03020203 SOL UTI°NSFigure 8A
Pitt County, NC 4LMG Mitigation Plan Overview
January 2019
LMG 18.093 LAND MANAGEMENT GROUP
a DWEr1 c—papr
L:\WETLANDS\2018 WETLANDS FILES\LMG18.305 --- Wnofoot Buffer Proiect. Kevin Yates\CAD\Winofoot.dwo
LEGEND
Parcel Boundary (-127 ac.)
Conservation Easement (Surveyed) (-22.31 ac.)
Top Of Bank
Buffer Restoration - Stream (0 ft - 100 ft) (9.52 ac. = 414,635.6 BMU)
Buffer Restoration - Ditch (0 ft - 50 ft) (1.64 ac. = 71,494.0 BMU)
Buffer Restoration - Stream (101 ft - 200 ft) (2.00 ac. = 28,725.8 BMU)
Buffer Enhancement - Stream (0.71 ac. = 15,427.5 BMU)
i
Buffer Preservation - Stream (4.62 ac. = 20,107.4 BMU
Riparian Habitat Corridor (1.59 ac. = No credits) 177/77-7/777,701
FOX RUN
TOTAL CREDITS (20.08 ac = 550,390 BMU)
Qlpapl
0
Eli 4
NOTES:
1. BUFFER MITIGATION BOUNDARIES BASED UPON BASE SURVEY DRAWING FROM K2 DESIGN GROUP.
0 500 1000 2000
SCALE 1 '=1000'
Wingfoot Riparian Buffer Mitigation Site CLEAR WATERhffTIGATlON
Cataloging Unit 03020203 SOL UTI°NSFigure 8A
Pitt County, NC 4LMG Mitigation Plan Overview
January 2019
LMG 18.093 LAND MANAGEMENT GROUP
a DWEr1 c—papr
L:\WETLANDS\2018 WETLANDS FILES\LMG18.305 --- Wnofoot Buffer Proiect. Kevin Yates\CAD\Winofoot.dwo

LEGEND
Parcel Boundary (-127 ac.)
7, Conservation Easement (Surveyed) (-22.31 ac.)
r Top Of Bank
Ditch .............
Monitoring Plots
Buffer Restoration - Stream (0 ft - 100 ft) (9.52 ac. = 414,635.6 BMU)
4:
_ *r Buffer Restoration - Ditch (0 ft - 50 ft) (1.64 ac. = 71,494.0 BMU)
Buffer Restoration - Stream (101 ft - 200 ft) (2.00 ac. = 28,725.8 BMU)
Buffer Enhancement - Stream (0.71 ac. = 15,427.5 BMU)
Buffer Preservation - Stream (4.62 ac. = 20,107.4 BMU
Riparian Habitat Corridor (1.59 ac. = No credits)
TOTAL CREDITS (20.08 ac = 550,390 BMU)
s.
_ �i'�'ti.■ __' �`� �` � ��� air ��
icy v% _._ � \•! �.o A �„..- � x"+. ', ,• . � ..
_ 5 IIF
EL
NOTES:
1. BUFFER MITIGATION BOUNDARIES BASED UPON BASE SURVEY DRAWING FROM K2 DESIGN GROUP.
0 0
SCALE 1 ”=400'
Wingfoot Riparian Buffer Mitigation Site CLEAR WATERhffTIGATloN
Cataloging Unit 03020203 SOLunroNsl Figure 8B
Pitt County, NC 4LMG Mitigation Plan Inset
January 2019 with Plot Locations
LMG 18.093 LAND MANAGEMENT GROUP
. DWEr1 c—pepr
L:\WETLANDS\2018 WETLANDS FILES\LMG18.305 --- Wnofoot Buffer Proiect. Kevin Yates\CAD\Winofoot.dwo

APPENDIX A.
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
IrE
��� 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
CEDRO
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
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5232866 - 1 page 2

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vt
INQUIRY #' 5232866.1 N
YEAR: 1994 ,iJr
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INQUIRY #: 5232866.1 /�
YEAR: 1982 ",iJr ;
= 875' (riEDR'
ftwus..

1
INQUIRY #: 5232866.1
YEAR: 1977
= 875'
Subject boundary not shown because it
exceeds image extent or image is not
georeferenced.

J'
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INQUIRY #: 5232866.1 /� J
YEAR: 1959 ,iJr
�EDR'
� = 875' �TY�
a-
v
. s..

APPENDIX B.
DWR STREAM DETERMINATION LETTER
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan
DMS ID No. 100078

ROY COOPER
-cowmw
MICHAEL S. REGAN
S"IWWy
LINDA CULPEPPER
Interdm Dyerur
Ham Equipment, LLC
Attn: Mr. Bobby Ham
963 US Highway 258
Snow Hill, NC 28580
NORTH CAROLINA
frtvOronmental Quarfty
September 24, 2018
DWR #18-0854 V2
PITT County
Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0233)
Subject Property/ Project Name: Wingfoot Buffer Mitigation Site
Address/Location: — 0.1 miles NE Intersection of N Pineview Ln and Moye-Turnage Rd near Farmville
Stream(s) Evaluated: Unnamed Tributaries (Uts) to Little Contentnea Creek
Determination Date: 08/30/18 Staff: Anthony Scarbraugh
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 0213 .0233)
❑ Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 0213 .0259)
Soil
❑ Catawba (15A NCAC 0213 .0243)
❑ Jordan (15A NCAC 02B .0267) (governmental
Subject
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 0213 .0250)
Survey
❑ Goose Creek (15A NCAC 02B.0605-.0608)
18-0854
Stream
E/I/P*
Not
Subject
Start@
Stop@
Soil
USGS
Subject
Survey
Topo
18-0854
P
X
Flag: 18-0854 V2 A
Flag: 18-0854 V2 A End
X
X
V2 A
Begin
18-0854
Ditch
X
Flag: 18-0854 V2 B
Flag: 18-0854 V2 B E/I
X
V2 B
Begin
18-0854
1
X
Flag: 18-0854 V2 B
Flag: 18-0854 V2 B End
X
V2 B
E/I
18-0854
Ditch
X
Flag: 18-0854 V2 C
Flag: 18-0854 V2 C End
X
V2 C
Begin
18-0854
P
X
Flag: 18-0854 V2 D
Flag: 18-0854 V2 D End
X
X
V2 D
Begin
*E/I/P/NSP = Ephemeral/Intermittent/Perennial/No Stream Present
RE�Q�i
North Carolina Department of Environmental Quality (Division of Water Resources -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

PITT County
Page 2 of 2
The Division of Water Resources has determined that the streams listed above and included on the
attached map have been located on the most recent published NRCS Soil Survey of PITT County, North
Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for
applicability to the NEUSE River Riparian Buffer Rules. Each stream that is checked "Not Subject" has been
determined to not be at least intermittent or not present on the property. Streams that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be at least
intermittent streams. There may be other streams or features located on the property that do not appear
on the maps referenced above but may be considered jurisdictional according to the US Army Corps of
Engineers and subject to the Clean Water Act.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director.
An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in
writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 2 7699-1 61 7
If sending via delivery service (UPS, FedEx, etc.):
clo Karen Higgins
DWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty (60)
days.
This determination only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any
inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of
Engineers Washington Regulatory Field Office at [phone].
If you have questions regarding this determination, please feel free to contact Anthony Scarbraugh at
[phone].
Sincerely,
14" Tom•"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy
LASERFICHE
Kevin Yates, CMS (via email: [e-mail])
Katie Merritt, DWR 401 & Buffer Permitting Unit (via email)
c;�D_ E Q>
F
North Carolina Department of Environmental Quality (Division of Water Resources -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

USGS Topographic Map 1: 24,000
North CarofFna EnvIronmental
Management Commission
Division of Wa#er Resources
For: S t Basin But*
Date 20L
Reviewed by

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APPENDIX C.
SITE PHOTOGRAPHS
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan
DMS ID No. 100078

APPENDIX C. SITE PHOTOS — EXISTING CONDITIONS
E"� fir riy
• 'S ' ..r
ri 'y :.;�-sem:. Q�.i.r ..'� i •yr r:4w. -
0
Oiib
..
•., :.. �.-�:,.:' 'C';�..' _ :;r' .�. ;'N';y�..`.
(1) Stream channel Al along northwestern boundary with NC DMS Fox Run Buffer site on left side of bank
(March 19, 2018).
(2)View of existing conservation easement marking immediately northwest of Wingfoot buffer site
(March 19, 2018).
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 1 I P a g e
DMS Project No. 100078

APPENDIX C. SITE PHOTOS — EXISTING CONDITIONS
(3) Reach Al channel segment along northern project boundary (March 19, 2018).
(4) View of upper stream segment of Reach 131.
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 2 1 P a g e
DMS Project No. 100078

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).
N
Ak, Al
Downstream segment of Reach 131 (buffer restoration proposed for right side and buffer
preservation proposed for left side) (March 19, 2018).
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 3 1 P a g e
DMS Project No. 100078

APPENDIX C. SITE PHOTOS — EXISTING CONDITIONS
17.
aj;'.� .� f,� .. - .- - - I. _ _ J fl�• i '�, pry iA �1'-7.. r _ �� -
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- ._ .�1:. -f ..; `�6 L •�*. �{•e �.:,.A-moi: �
(7) View of Reach 132 looking upstream (near confluence with Reach 133) (March 19, 2019).
(8) View of upper segment of Reach 133 looking down -gradient.
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan 4 1 P a g e
DMS Project No. 100078

APPENDIX D.
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.
NORTH C�� D EQ�
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
onsite
adjacent to Feature
Credit
Offset
w/in riparian areas
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.
'ape 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 DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
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 [phone] 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
Page 313

FOX RUN �, +
RIPARIAN BUFFER
MITIGATION SITE
` M
11 T i 1 ♦ yam! .y �' t �`I
Legend
Conservation Easement — 20.63 Acres-
Buffer Restoration (OFT-100FT) -11.38 ac
• , Buffer Restoration (101 FT-20OFT) -1.81 ac i
Buffer Enhancement -0.71 ac
i
Buffer Preservation -4.47 ac (�
i
Riparian Habitat Corridor (No Credit) --2.26 ac j
Existing Piedmont Natural Gasline
NC91'1',
Parcel Boundary -127 ac /\\�
L:\WETLANDS12018\40-18-093\maps\mapset `�\ �—
*Boundaries are approximate and are not meant to be absolute.
Map Source: 2016 NC OneMap Aerial Photography SCALE 1" = 400'
Wingfoot Riparian CLE,4RWATER UTIGARON
Buffer Mitigation Site SOL&TTIOIVS i Figure 813
Cataloging Unit 03020203 Concept Mitigation Plan
Pitt County, NC LMG Inset
March 2018 LANr FSANAGFMENTOROCP m Response to RFP # 16-007402
LMG # 40-18-093 F�. , me ,♦i C. -II -1

APPENDIX E.
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 1A
Norte: only Appendix A should to be submitted (along with any supporting documentation) as the
environmental document.
Part 1: General Project
Project Name: Win foot Riparian Buffer Miti ation Project
Coun Name: Pitt
EEP Number: DMS Project # 100078
Project Sponsor: Clearwater Mitigation Solutions
Project Contact Name: Kevin Yates
Project Contact Address: 604 Macon Place; Raleigh, North Carolina
Project Contact E-mail: clearwatermiti ation mail.com
EEP Prv'ect Manager: Ms. Lindsa Cracker
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 2.0.63 -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 r.n � t-Z/C�%
Date EEP Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
Date or Division Administrator
FHWA
6 Ilarcinn 1 A RP1 s/nr;

Part 2: All
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

Version 1.4, 8/16/05
Part 3: Ground-Disturbing Activities
Regulation/Question
Response
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/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
® N/A
6.
Has the USFWS/NOAH-Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
® N/A
Version 1.4, 8/16/05

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(f))
1.
Will the project require the conversion of such property to a use other than public,
❑ Yes
outdoor recreation?
® No
2.
Has the NPS approved of the conversion?
❑ Yes
❑ No
® N/A
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 NOAH-Fisheries occurred?
❑ Yes
❑ No
® N/A
Migratory Bird Treat Act MBTA
1.
Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
❑ No
2.
Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
® N/A
Wilderness Act
1.
Is the project in a Wilderness area?
❑ Yes
® No
2.
Has a special use permit and/or easement been obtained from the maintaining
❑ Yes
federal
agency?
❑ No
® N/A
Version 1.4, 8/16/05

APPENDIX F.
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 IIII
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 CountV, NC
Lisa P. Nichols REG OF DEEDS
BK3765 PG517-527
STATE OF NORTH CAROLINA
PITT COUNTY
.0 373. ea
SPO File Number: 74-FQ
DMS Project Number: 100078
Prepared by: Office of the Attorney General
Property Control Section
-Rrtm%-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 / X 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 sea•, 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
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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
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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:
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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.
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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.
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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,
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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.
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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
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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: 'r(SEAL)
obb G. Ham, Managing Member
NORTH CAROLINA _
COUNTY OF �.✓/3�E
I, Zd�RT/ W&Xdl !% Z 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 orth t day of 'e , 2019.
a
Notary Public SOW
A.,
MERR�T�
Typed or Printed Name of Notary
My Commission Expires: -5-- ' Zv,� m pt AR y
#462102
O � �
�Z AUB�-�G �U
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Page 10 of 11
Exhibit A
Legal Description
Wingfoot Riparian Buffer Mitigation Site
Pitt County, NC
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
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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

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DEED REFERENCC(S]_:.
BEING A PORTION OF THE PROPERTY
RECORDED IN D.B. 3303, PG. 247 OF THE PITT
COUNTY REGISTER OF DEEDS.
CERTIFICATE OF OWNERSHIP AND DEDICATION:
I (We) certify that I am (we are) the owner(s) of the property
shown and described by this plat and that I (we) hereby adopt
this conservation easement plan with my (our) free consent;
establish all lots, easements, setbacks, and other aspects of the
subdivision; and dedicate all streets, walks, parks, and other open
spaces to public or private use as noted.
j -dF -&q I�L r��
Date am^ati, LLi�/ 5.4AY*;5
NORTH CAROLINA, 'J" COUNTY
1, a Notary Public of the County and State aforesaid, certify that
the owner(s) listed above personally appeared before me this day
and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this� day of
ITT 20_!�f.
�
ST
R,
rj� Notary Public My commission expi :r -
STATE OF NORTH CAROLINA
COUNTY OF PITT
UNE DATA ALONG THE
CONSERVATION
EASEMENT AREAS
LINE
BEARING
DISTANCE
Li
1457"36ai?VY
6.W
L2
N5r36TXrW
111.14'
L3
N32°3636M
223.56'
L4
N12'25'42"E
74.96'
LS
S78'12'31 w
258.28'
L6
141 wsirmrw
128.67'
L7
MW15-ZM
383.99'
L8
N47°02101'E
76.21'
L9
N22'33'28w
2D3.48'
LID
N72'21'18"W
295.77'
1-11
N79'027M
208.20'
L12
S22'1TAICW
333.73'
L13
S78'480 'W
287.60'
L14
N85"11'141N
318.80'
Lis
N59'22W W
274.56'
1-16
N44's8'49'E
230.67'
L17
S61°19W"E
171.77'
1-18
S87'40i18"E
219.29'
L19
N78'38'32 E
138.37'
L20
N25°05'15'E
324.46'
L21
N74°16'14'£
174.22'
L22
S7W5Y40'E
268.42'
L23
SW34'45"E
104AT
124
S7WW51"E
219.95'
L25
N12'12'23°E
78.11'
L26
N25'19'90w
243.54'
L27
N59 -43-27 -W
439.25'
L28
S63'04"21'W
171 AT
L29
N64'01'57 W
341.12'
L30
562.25 -JM
183.15'
L31
SBS""" W
133.75'
L32
I N23'49W'E
185.38'
L33
I N23'49W"E
50-W
L34
I N37°30'32"E
148.95'
L35
N73°4720'E
73.63'
1-36
N77°22'S6'E
24.07'
L37
N79°56'01'E
7.56
L38
S55'5Z52'E
99.96'
1-39
S54'28'591E
49.33'
L40
S61°56'23
88.12'
L41
S66°47'33
32.13'
L42
I S52°23'21'E
61.46'
L43
I S65°28 27-E
54.63'
L44
N64'22'05"E
54.55'
L45
N73°48%T
57.22'
L46
N80 -45-58-E
93.60-
L47
S38'2Z48'E
130.99'
1-48
S51 °D9'49'E
475.07'
L49
S2D"O3'48 E
307.42'
L50
SOW5T59'W
148.01'
L51
S28'3234 E
251.10'
L52
S69'S0'25'E
2D7.57'
L53
589°13'S4E
240.61'
L54
S32'3a12"E
222.28'
L55
S73'3452"W
111.81'
L56
588'36'45-W
242.81'
L57
N77°311D7"W
188.44
L58
N61'3752'W
121.56
L58
545'OB'23'W
122.16'
L60
5Z0°19'13'W
157.92'
L61
533°04'38-W
221.07
Filed for registration at M. 1111111111110, 2019 in the Register of Deeds
Office. Recorded in M. B. : , PG. 4111111111P
Register of Deeds By
STATE OF NORTH CAROLINA
COUNTY OF PRT
I, IftG Review Officer of Pitt County, certify that the map or plat to which
this certification is affixed m ets all statutory requirements for recording.
Z- #- 2011 Z � 'ejntf,
Date Review Officer
SURVEYORS CERTIFICATIONS)
Surveyor's disdaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material
sites, underground utilities or any other features above, or below ground other than those shown.
However, no visible evidence of owneteries or utilities, aboveground or otherwise, was observed by
the undersigned (other than those shown).
I certify that the survey is of another category such as the recombination of existing parcels, a
court-ordered survey, or other exception to the definition of subdivision (conservation easement).
I JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from an actual survey
made under my supervision (deed description recorded in Book SEE , Page REFS, etc.) (other);
that the boundaries not surveyed are clearly indicated as drawn from information from in Book_
page___; that the ratio of precision or positional accuracy as calculated is 1110,000+; that this plat
was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, license
number and seal this 28th day of February, A.D., 2019.
SEA ARI/
A r,
r �+,.
•` 0 es S1L-4194
- Q•OF D
:�-� ► mfessional Land Surveyor License Number
' a
SEAL -
=
L-4194
r, ,
COORDINATES ALONG
CONSERVATION EASMENTS
CORNER NORTHING
EASTING
01
663128.6310
2436188.3624
02
663188.1807
2436094.5272
03
663374.5008
2436215.0094
04
863447.6996
2436231.1412
05
663395.3288
2435980.2661
06
663521.6387
2435955.7582
07
663586.6255
2436334.2052
D8
663638.5663
2436389.9708
09
663826.4778
2436311.9133
10
663916.1299
2436030.0606
11
663955.7118
2435825.6572
12
663846.9370
2435699.0443
13
663581.0605
2435416.9251
14
WWI
2435098.2858
15
W3741.0321
2434861.9996
16
683904.1957
2435025.0515
17
663821.7907
2435175.7639
18
663812.8711
2435394.8758
19
663840.1211
2435530.5357
20
664133.9734
2435568.1075
21
664181.2{128
2435835.8016
22
664129.4999
2438099.1979
23
WAD78.3319
2436189.9297
24
664028.9153
2436403.7814
25
664101.3089
2436419.8747
26
684321.4482
2436315.6980
27
664542.9033
2435936.3560
28
884465.2506
24357MA767
29
664614.6137
2435476.7955
30
664529.8325
2435314.4509
31
664526.8789
2435180.7337
32
664696.4683
2435255.5986
33
664742.20915
2435275.7910
34
664860.3676
2435366.4862
35
664880.9232
2435437.1879
36
664856.1822
2435480.6812
37
664887.5034
2435468.1237
38
664831.4347
2435550.8782
39
664802.7745
2435591.0332
40
664770.7323
2435651.1435
41
664758.0713
2435880.6731
42
664720.5645
2435729.3575
43
664697.8885
2435779.0803
44
664721.4835
2435828.2415
45
664737.4450
2435883.1903
46
664752.4641
2435975.5737
47
664649.7750
2436058.9041
48
664351.8584
2436426.9562
49
664063.0959
2435532.4191
50
663916.8910
2436509-3504
51
663696.3084
2436629.3305
52
663624.7717
2436824.1846
53
663621.5458
2437064.7713
54
663434.OBW
2437184.2114
55
883402.4831
2437076.9641
56
663396.6032
2436834.2268
-
663437.3204
2436650.2831
58
663542.8768
2436455.4859
59
6634.56.7054
24363138.8931
60
663308.6124
2436314.0519
61
1 663123.4159
2436193.4287
NOTE: ONLY CORNER #71 IS A TRUE
NORTH CAROLINA STATE PLANE GRID
COORDINATE. COORDINATES SHOWN
ARE BASED ON GROUND DISTANCES TO
MATCH PLAT. SEE DATUM DESCRIPTION,
SHEET 1 OF 1
ACREAGE DATA
CONSERVATION EASEMENT IS 22.31 ACRESt
` EXCLUDING ALL ACCESS EASEMENTS BY
COORDINATE COMPUTATION
S48"46'57'E
LJ EA (rIE
{TIE DOWN)
NGC THOMAS FAMILY, LLC &241119
D.B. 3575, PG, 759 L36 L37
PIN: 4636-34-1878 1
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\ STATE OF NORTH CAROLINA 34
D.B. 3050, PG, 254 O &
\ M.B. 73, PG, 179 L38
UNE OF AGREEMENT L35 L39 l_J
\ FROM "A" TO '8" L34 O
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\ FAMILY, LLC AND G
HAM C^"IPMENT, LLC. L41 -
PER D.B. 3756. PG(S) 747-752 ' 13
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D.B. 3575, PG. 759 S62 -D6 -09"E EIS L31 O
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71 I55 (TIE DOWNONLY) 41.31'
N26"51'41 -E (TIE DOWN ONLY)
----�»�FA@ 0201 -.
roc [iRIOcdOR�IMATE nAn (TIE DOWN ONLY)
N-664 414 9789'
NO HORIZONTAL CONTROL EXISTS WITHIN 2000 FEET
NOTE: NO ABSTRACT OF TITLE, NOR TITLE COMMITMENT, OR RESULTS
OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL
DOCUMENTS OF RECORD REVIEWED ARE NOTED HEREON (SEE
REFERENCES). THERE MAY EXIST OTHER DOCUMENTS OF RECORD
THAT MAY AFFECT THIS SURVEYED PARCEL.
ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES
MURPHREY PROPERTIES, LLC
D.B. 3493, PG. 323
PIN: 463635.9679
_ UNNAMED TRIBUTARY
OF LITTLE CONTENTNEA CREEK ALL POINTS FROM
TO &ARE NON- AONUMENTED
COR NERS IN CENTERLINE OF TRIBUTARY
41 L42 --'t
`45 L46
48
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PG. 247
ISS, REFERENCE POINT (TIE DOWN ONLY) ' PIN: 453653-8996
ONLY (SUTrABLE FOR
DESCRIPTIONS
CORNER
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DESCRIPTION
'
DIVISION OF MITIGATION SERVICES
No. 5 REBAR FLUSH WITH GRADE WITH AN
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SPO FILE NUMBER 74-FQ
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MURPHREY PROPERTIES, LLC
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D.B. 1131, PG. 225
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ACCESS EASEMENT I
NEW 12' WIDE NON-EXCLUSIVE ACCESS
EASEMENT ALONG CENTERLINE OF 12'
WIDE SOIL ROAD FOR INGRESS, EGRESS A
REGRESS TO BE CONVEYED TO THE STATE
OF NORTH CAROLINA (AREA = 1.12 ACRES±
BY COORDINATE COMPUTATION)
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ECM - EXISTING CONCRETE MARKER
EIP - EXISTING IRON PIPE
ERRR - EXISTING RAILROAD RAIL
PTI - PINCHED TOP IRON
EA - EXISTING AXLE
EDS - EXISTING DRIVE SHAFT
EMN - EXISTING MAG NAIL
CMP - CORRUGATED METAL PIPE
O.D. - OUTSIDE DIAMETER
RPS - RANGE POLE SET
EMN - EXISTING MAG NAIL
MNS - MAG NAIL SET
EIS - EXISTING IRON STAKE
EPP - EXISTING PUMP PIPE
PPS - PUMP PIPE SET
NMC - NON-MONUMENTED CORNER
RAN - RIGHT OF WAY
EOP - EDGE OF PAVEMENT
PB - PLAT BOOK
D.B. - DEED BOOK
PG. - PAGE
❑-
NON-MONUMENTED CORNER
UNLESS OTHERWISE NOTED
No, 5 REBAR FLUSH WITH GRADE WITH
AN ALUMINUM 3 114" CAP INSCRIBED:
• "STATE OF NORTH CAROLINA
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CONSERVATION
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- TIE DOWN LINE
ADJOINER OR RIW LINE
30' NORTH CAROLINA
NATURAL GA5
EASEMENT
STATE OF NORTH
C _ _ CAROLINA CONSERVATION
EASEMENT
FEMA FLOOD STATEMENT:
A PORTION OF THE AREA
REPRESENTED BY THIS PLAT IS
j LOCATED IN A FLOOD HAZARD
BOUNDARY ACCORDING TO FEMA
MAP NUMBER(S) 3720463600)
ZONE(S)' AE, 8 X, DATED: JANUARY
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HAM EQUIPMENT, L.L.C.
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Doe ID: 014323770001 Type: CRP
- f HAM EQUIPMENT, LLC Recorded: 03/08/2019 at 11:45:19 AM
r J \_ APPROXIMATE D.B. 3343 PG 560 Fee Amt: , DD Page ] of 1
ADJOINER LINE Pitt Countt yy, NC
� J N62^35'24'E NOT SURVEYED Lisa P. Nichols REG OF DEEDS
3955.70' BK83 PG200
DATUM DESCRIPTION
THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PLAT IS BASED
ON NORTH CAROLINA STATE PLANE COORDINATES ESTABLISHED BY USING
THE NORTH CAROLINA REAL TIME NETWORK (VRS).
ISS (D NC GRID COORDINATES NAD 83 (2011)
N = 664,414.9769'
E = 2,434,756.9415'
THE AVERAGE COMBINED GRID FACTOR USED ON THIS PLAT IS 0.99989063
(GROUND TO GRID) OR 1.00010937 (GRID TO GROUND). THE N.C. LAMBERT GRID
BEARING AND LOCALIZED HORIZONTAL GROUND DISTANCE FROM
ISS 71 TO EA LJ ISS 88°30'35" E 364.99 FEET.
ALL LINEAR DIMENSIONS ARE LOCALIZED HORIZONTAL DISTANCES -
GEOID -2012B CONUS
GLASS RECEIVER - TOPCON HIPER SR WITH MINIMUM TIME OF
180 SECONDS COMPLETED DURING DECEMBER OF 2018.
CORNER
DESCRIPTIONS
CORNER
THE STATE OF NORTH CAROLINA
DESCRIPTION
R
DIVISION OF MITIGATION SERVICES
No. 5 REBAR FLUSH WITH GRADE WITH AN
�
0 THRU LJ
ALUMINUM 3 114" CAP INSCRIBED: "STATE OF
SPO FILE NUMBER 74-FQ
NORTH CAROLINA CONSERVATION EASEMENT"
TMRu
NON-MONUMENTED CORNER IN CENTERLINE OF
FARMVILLE TOWNSHIP, PITT COUNTY, NORTH CAROLINA
CREEK (ALSO ALONG LINE AGREEMENT)
No, 5 REBAR FLUSH WITH GRADE WITH AN
47 THRU s1
ALUMINUM 3 114" CAP INSCRIBED: "STATE OF
x
NORTH CAROLINA CONSERVATION EASEMENT'
1
MAG NAIL IN CENTERLINE OF N.C.S.R. 1139
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No. 5 REBAR FLUSH WITH GRADE IN
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PLASTIC CAP SUITABLE FOR GPS
CONSERVATION EASEMENT SURVEY
FOR
THE STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF MITIGATION SERVICES
DMS PROJECT ID No. 100078
SPO FILE NUMBER 74-FQ
WINGFOOT RIPARIAN BUFFER MITIGATION SITE
a
FARMVILLE TOWNSHIP, PITT COUNTY, NORTH CAROLINA
OVER AND ACROSS A PORTION OF THE LANDS
RECORDED IN D.B. 3343, PG. 247 (PARCEL No. 08389)
x
(CURRENT OWNER: HAM EQUIPMENT, LLC.)
(THE FIELD SURVEY TOOK PLACE DURING DECEMBER 2018)
9
200 100 0 200 400 600
GRAPHIC SCALE I" = 200'

Wingfoot Riparian Buffer Mitigation Project 06/13/2019
DMS Project No. 100078
Wingfoot Riparian Buffer Mitigation Plan DWR# 2018-0854
Comment -Response Document
(In response to DWR staff (Katie Merritt) Comments submitted 5/15/19)
From: Clearwater Mitigation Solutions
Land Management Group
1. General Plan Comments
a. This mitigation plan is written as if it is a proposal. However, it has come to the
Division of Water Resources' (DWR) attention that this site has already been planted
without DWR approval of the mitigation plan. The DWR viability letter issued for this
site (which is included in Appendix D), as well as the rules governing buffer mitigation
(Rule .0295) and nutrient offsets (Rule .0240), all require DWR approval prior to
implementation of mitigation activities (planting, disking, etc). How will DMS address
this non-compliance?
Response: DMS has communicated to the provider that initiation of mitigation site work
prior to DWR approval of the mitigation plan is not allowed. Clearwater Mitigation Solutions
(CMS)(Provider) will also implement any applicable measures or changes to the mitigation
plan as prescribed by DWR. CMS understands and will not plant or initiate buffer mitigation
site work for future buffer mitigation projects without prior approval from DWR.
b. The terms "buffer" and "riparian buffer" are used too loosely throughout the plan.
These terms should only be used to describe an area that is within the Neuse Riparian
Buffer. For this site, only the first 50' adjacent to streams B1, below flag at B-2 and
below the flag at B-3 are Neuse Riparian Buffers. Therefore, please correct applicable
references to "buffer" or "riparian buffer" and replace with "riparian areas".
Response: Noted. Edits have been made in the mitigation plan to use the term "riparian
buffer" where applicable and appropriate.
c. Not all the site photos provided in the Appendix are dated. During site visits, the
Division observed a high number of invasive species and brush along portions of A-1,
B-2 & B-3. However, some of the pictures provided appear to show those areas
mowed. Please clarify.
Response: The undated site photos in Appendix C were taken on March 19, 2018. Ditch
banks at the time of the DWR site visit were vegetated predominantly by native switchcane
(Arundinaria). There is minimal occurrence of Japanese honeysuckle (Lonicera japonica) on
the site. The pictures referenced reflect normal farm preparation prior to site documentation
assembled for the mitigation plan.
d. Please include the DWR Stream Determination letter for this site in the mitigation
plan. In places where the mitigation plan has stream attributes provided by or
decisions made by the provider (section 1.2 (c)), remove them and replaced with the
decisions made by DWR in the letter dated September 24, 2018 to avoid confusion.
Please add references to the newly included DWR Stream Determination Letter.
1�Page
CLEAR WATER MITIGATION SOLUTIONS

Response: Noted. These changes have been made.
e. Table 2 Project Area & Assets — changes and corrections are needed
■ Ditch segments along B-2 (132) and B-3 (C) begin upstream from the DWR flags
as indicated in the table below from the DWR stream determination letter.
Buffer Credit along ditches can only be generated within areas that are at least
30' but a maximum of 50'. Therefore, this table needs to show the ditches as
separate rows and only providing buffer credit within 0-50'. The corresponding
Figure 8A needs to be updated to show this as well.
Response: The Mitigation Plan uses a maximum buffer credit width of 50 ft along ditch
segments 82 and 83 based upon the DWR stream determination. Figure 8A has been
updated to more clearly depict such.
■ For the preservation table, add a column to the right of the "Creditable Area" and
title this column "Eligible Credit Area*". In this column, enter the maximum
amount of credits allowed by the applicable rule referenced at the bottom of the
table.
Response: The eligible preservation area is shown in Table 38.
2. Section 2.0
a. Clarify that the buffer credits along the two ditches begin above the DWR flags (see
table in comment 1 (e) above) and meet the minimum 30' and maximum 50' width
requirement as outlined in the Rule 0295 (0)(8).
Response: The Mitigation Plan uses a maximum buffer credit width of 50 ft along ditch
segments 82 and 83 based upon the DWR stream determination. Figure 8A has been
updated to more clearly depict such.
b. Update figure 8A to reflect these corrections along the ditch reaches of Streams B-2
and B-3.
Response: The 50 ft buffer width along the ditch segments e-2 and e-3 is depicted on Figure
8A and labeled for clarity.
c. Changes to acreages and square footages will need be made throughout the mitigation
plan text, including applicable tables and figures when comment (a) is addressed.
Response: Table 83 has been modified to call out the creditable buffer area separately from
subject streams. Note that the overall creditable area for buffer does not change.
d. There is reference to the Conservation Easement in Mitigation Plan in the section
discussing no ditch maintenance to comply with Rule 0295 (0)(8). However, that
language is not specified. Please add references to specific section, subparagraph,
item, etc from the Conservation Easement.
Response: Activities that are restricted under the terms and conditions of the Conservation
Easement are identified in Section L of the Conservation Easement Deed.
CLEARWATER MITIGATION SOLUTIONS ( 2 1 P a g e

e. Where using term "buffer area", please use "buffer mitigation area" or "area proposed
for buffer mitigation". Then, remove the area (amount of square feet) that doesn't
qualify for buffer mitigation.
Response: Noted. Areas shown for buffer mitigation area are reflected accurately in the
Mitigation Plan. A 50 ft buffer mitigation area is used for the ditch segments 82 and 8-3.
There is no reduction in the proposed buffer mitigation area.
f. Diffuse flow needs to be maintained in all riparian areas generated buffer mitigation or
nutrient offsets. For clarity, use the language "Neuse buffer & other riparian areas"
instead of "buffer" in places where you want to include all areas.
Response: Noted. Edits have been made where applicable.
g. Table 2 is the project area and asset table. However, I think this table is referenced as
3b in the text and in table of contents. Please clarify.
Response: The correct header for the project and asset table is Table 3A. A prior table
number was inadvertently used in the final version of the Mitigation Plan. This has since
been changed to reflect the correct table number and text references to Table 38.
3. Table 2 (or "Table 3b"?)
a. Update this table to add ditches B2 & B3 on separate rows from other reaches and
show their widths as 30-50' or 0-50' depending on which is most appropriate.
Response: Table 38 has been updated to include 82 and 83 on separate rows from the other
reaches.
b. Add another row for ditches B2 & B3 showing widths 51-100' (if that's the maximum
width). This would be the area that is NOT viable for buffer credit but is viable for
Nutrient Offsets if that is desired by DMS. DWR recommends adding a separate table
to show Nutrient Offset only areas like these. Especially since these numbers do not
get calculated in the Preservation amounts.
Response: The maximum width for ditches 82 and 83 is 50 ft. As a result, no additional
changes have been made to Table 38.
c. Update "Eligible Preservation Area" to deduct the square footage originally pulled
from the areas greater than 50' along the two ditches.
Response: Not applicable. No areas greater than 50 ft are proposed along the ditches.
d. Add a column to the right of "Creditable Area" and title it "Eligible Preservation Area"
or whatever it should be based on conversations we have had. This is where you will
show the maximum area (square footage) of the creditable area that can be used to
meet the 25%.
Response: Not applicable. Eligible Preservation Area is already shown on Table 38.
31Page
CLEARWATER MITIGATIONSOLUTIONS

4. Section 3.2
a. Bald Cypress is considered a softwood and therefore does not fit the required
performance standard outlined in the Rule .0295 for planting "Hardwoods". However,
as stated in .0295 (n)(2)(B), "DWR may approve alternative vegetation plans upon
consideration of factors, including site wetness and plant availability". Therefore,
please explain why this species and not another species, is necessary to be planted at
this site so DWR can consider your proposal to plant these species and count it
towards your performance standard. It is recommended that a plan view of the
planting plan be provided as well, to show where bald cypress is to be planted.
Response: Noted. Additional statement regarding suitability of bald cypress for planting
within buffer areas on the site has been included in the text.
5. Section 4.0
a. Is the Baseline Monitoring Report also the "AsBuilt Report"?
Response: Yes.
b. What is the anticipated monitoring year?
Response: Year 1 monitoring is scheduled for late September or early October 2019.
c. Update plan to reflect that planted stems in the monitoring plots will all be flagged.
Response: A statement has been included to reflect that planted stems in each monitoring
plot will be flagged.
d. DWR would prefer that this site commit to monitoring vegetation data no earlier than
late August. This is consistent with what DWR has requested in other provider's plans.
Response: A statement has been included in the Mitigation Plan to commit to monitoring no
earlier than late August.
6. Figure 8A— previous comments indicate that this figure needs to be corrected. Therefore, use the
coordinates provided in comment 1 above to show where the ditch and stream reaches are for B-1
& B-2. Add the 0-50' width boundary adjacent to ditch reaches.
Response: The locations of the ditch and stream reaches for a-1 and a-2 are shown on the
updated Figure SA along with more clarity in labeling the 50 ft wide buffer areas along
ditches 82 and 83.
7. Overall, if the riparian restoration, enhancement and preservation is done according to the plan
and all DWR comments and corrections are addressed, the site should provide a good buffer
mitigation and nutrient offset project.
CLEARWATER MITIGATIONSOLUTIONS 6 4 1 P a g e

ATTACHMENT A.
NC DWQ Buffer Interpretation/Clarification Memo #2008-019
Wingfoot Riparian Buffer Mitigation Site — Mitigation Plan
DMS ID No. 100078

SOF W A ��� Michael F. Easley
p Governor
yWilliam G. Ross. Jr., Secretary
C Department of Environment and Natural Resources
-[ Coleen, H. Sullins, Director
Division of Water Quality
August 19, 2008
Buffer Interpretation/Clarification 42008-019
MEMORANDUM
Rh.: The Division of Water Quality's (DWQ's) stance on whether diffuse flow of stormwater through the newly restored buffers on
mitigation sites should be a requirement. Diffuse flow is a requirement for buffer restoration or enhancement in the Neuse River
Basin Buffer Rule 15A NCAC 02B.0242,(9)(d)(iii), the Tar -Pamlico River Basin Buffer Rule 15A NCAC 02B.0260(9)(d)(iii), and the
Catawba River Basin Buffer Rule 15A NCAC 026.0244 (9)(d)(iii).
Diffuse flow is a requirement for all sites in a buffered basin for buffer mitigation and for for sites providing nutrient offset credit as
well,
Current Policy: According to the Mitigation rules in the Neuse, Tar -Pamlico and Catawba buffer rules, a grading plan must be
provided for buffer mitigation sites. In addition, those rules state that "The site shall be graded in a manner to ensure diffuse flow
through the riparian buffer".
Problem: The question has been raised as to whether stormwater carried by lateral ditches that enter buffered streams should provide
diffuse flo%v prior to that stormwater entering the restored buffers.
Solution: The Neuse, Tar -Pamlico and Catawba buffer rules with respect to buffer mitigation sites contain a very clear requirement
that states that diffuse flow of stormwater must be maintained through the buffer. Unless otherwise approved by DWQ, all buffer
mitigation sites must provide diffuse flow of stormwater from ditches and similar conveyances through the restored buffer.
Where such diffuse flow cannot be attained and where DWQ agrees that such treatment is not possible, deduction of buffer credit will
be calculated as follows:
SCENARIO 1
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard. Suite 250, Raleigh, North Carolina 27604
Phone [phone] FAX [phone] / Internet: http://h nr.state.nc.us/ncwetlands
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Page 2 of 4
A, B and C are angles, a, b, and c are distances (lengths)
DWQ believes that using an immediate drainage area extending at a 60 -degree angle from the point of discharge to the stream is a
reasonable approach to the issue of determining the area which is not draining through the restored buffer. To calculate the area of
buffer being "short-circuited" by the ditch, the area of the right triangles shown in the figure above must be determined.
a=50'
A=30°
B = 60°
b=acot A
b = 50 (1.732)
b = 86.6' (87')
The area to be excluded from credit would be the area of the two right triangles:
Area = (a x b)/2
Area = (50 feet x 87feet)/2
Area = 2,175 SF
Total deducted area = 2,175 x 2 = 4,350 SF or 0.1 acres.
The example shown above assumes a buffer width of 50 feet from the top of bank (riparian buffer mitigation site). For nutrient offset
sites, credit can be generated out to 200 feet from the top of bank. The policy applies to sites with larger buffers as follows:
SCENARIO 2
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://112o.enr.state.nc.us/newetlands
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
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Page 3 of 4
If a ditch leading to a buffered stream is buffered, then no credit is deducted from the stream buffer. If the upstream origin of the ditch
is within the buffer, no credit is deducted. If the upstream origin of the ditch is not buffered (e.g. if the ditch begins upstream offsite),
the credit deduction is applied to the most upstream portion of the ditch on the property.
SCENARIO 3
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Where a network of interconnecting ditches occurs on a site, and all of the ditches are buffered, the only credit deduction would be at
the point where an unbuffered ditch enters the project:
SCENARIO 4
40 1 �k elands C ertificatum Unit
1650 Mad Service Center. Raleigh North Carolina 27699-1050
'.321 Crabtree Boulevard. Suite 250. Raleigh. North Carolina 27604
Phone. [phone] i FAX [phone] Internet: httR://h2o enr state nc us/ncwetlands
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Page 4 of 4
Where a natural stream enters the project site, no deduction of credit will occur. Also, when a natural stream or a modified natural
stream flow into a buffered stream, no deduction of credit will occur. The modified natural stream must be subject to the buffer rules,
and must be verified to be a modified natural stream (as opposed to a ditch) through an on-site determination by DWQ personnel.
SCENARIO 5
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For any additional questions or clarifications on this issue, please contact Eric Kulz or Amy Chapman at [phone].
Signature: —ja��zZ- L1,14 j� Date: %1,/ -�/Z"
Signature: 7 C Date: 9-115 Zoc,
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401 Wetlands Certification Unit North Carolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Aaturrallry
2321 Crabtree Boulevard, Suite 250, Raleigh, Notch Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hU Jnao enr state nr gc(nry land
An Equal Opportunity/Affirmative Action Employer— 501/6 Recycled/] 0% Post Consumer Paper