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HomeMy WebLinkAbout20170887 Ver 2_AsBuilt Report_20190910ID#* 20170887 Select Reviewer:* Katie Merritt Initial Review Completed Date 09/12/2019 Mitigation Project Submittal - 9/10/201, - Version* 2 Is this a Prospectus, Technical Proposal or a New Site? * Type of Mitigation Project:* r— Stream r Wetlands W Buffer r Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Jason Lorch Project Information r Yes r Email Address:* jlorch@Wldlandseng.com Existing 20170887 Existing (DWR) (nunbersonly ...nodash) Version: (nurrbersonly) ID#:* Project Type: r DMS r Mitigation Bank Project Name: Bethel Branch Buffer Mitigation Bank County: Chatham Document Information Mitigation Document Type:* Mitigation As -Built Plans File Upload: Bethel Branch Buffer Site _AsBuilt Report.pdf 19.05MB Rease upload only one RDF of the conplete file that needs to be subrritted... Signature Print Name:* Signature: Bethel Branch Buffer Mitigation Bank Parcel DWR ID# 2017-0887v2 Wildlands Holdings IV, LLC’s Cane Creek Nutrient and Buffer Mitigation Bank AS-BUILT & BASELINE MONITORING REPORT September 2019 PREPARED BY: Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 Phone: 919-851-9986 Bethel Branch Buffer Mitigation Bank Parcel Page 1 As-Built & Baseline Monitoring Report – September 2019 AS-BUILT & BASELINE MONITORING REPORT Bethel Branch Buffer Mitigation Bank Parcel Wildlands Holdings IV, LLC TABLE OF CONTENTS 1.0 Introduction ...........................................................................................................................2 2.0 Parcel Location & Background .................................................................................................2 2.1. Location and Setting ..................................................................................................................... 2 2.2. Parcel Background ........................................................................................................................ 3 2.3. Parcel Objectives .......................................................................................................................... 3 3.0 Restoration Activities ..............................................................................................................3 4.0 Mitigation Potential and Deviations from BPDP .......................................................................4 5.0 Monitoring Protocol & Success Criteria ....................................................................................4 6.0 Financial Assurance & Long Term Management .......................................................................5 6.1. Financial Assurance ...................................................................................................................... 5 6.2. Parcel Maintenance ...................................................................................................................... 5 7.0 References ..............................................................................................................................5 APPENDICES Appendix A: General Figures and Tables Table 1 Project Components and Riparian Buffer Mitigation Credits Table 2 Project Activity and Reporting History Table 3 Project Contact Table Table 4 Project Information and Attributes Table 5 Adjacent Forested Areas Existing Tree and Shrub Species Table 6 Planted Tree Species Figure 1 Parcel Location Map Figure 2 Service Area Map Figure 3 Credit Generation Map Figure 4 Monitoring Components Map Figure 5 As-Built Survey Appendix B: Vegetation Plot Data Table 7 Planted and Total Stem Counts Vegetation Plot Photographs Appendix C: NCDWR Surface Water Determination On-Site Surface Water Determination Letter and Map (2017) Appendix D: Conservation Easement Appendix E: Financial Assurance Appendix F: Overview Photographs Appendix G: Permit Approvals Bethel Branch Buffer Mitigation Bank Parcel Page 2 As-Built & Baseline Monitoring Report – September 2019 AS-BUILT & BASELINE MONITORING REPORT Bethel Branch Buffer Mitigation Bank Parcel Wildlands Holdings IV, LLC’s Cane Creek Nutrient Offset and Buffer Mitigation Bank The Bethel Branch Buffer Mitigation Bank Parcel (Parcel) is part of the Cane Creek Nutrient Offset and Buffer Mitigation Bank (Bank), created and entered into by Wildlands Holdings IV, LLC, acting as Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). The Umbrella Mitigation Banking Instrument (UMBI) for the Bank and the Bank Parcel Development Plan (BPDP) were approved in February and November of 2018. The project was planned, designed, and constructed encompassing land along tributaries to South Fork Cane Creek in Chatham County, NC (Figure 1). The Parcel was designed in concurrence with the Cane Creek Stream and Wetland Mitigation Bank (SAW# 2016-02365). The purpose of the Parcel is to provide riparian buffer mitigation credits to compensate for unavoidable buffer impacts in the 03030002 Hydrologic Unit Code (HUC) of the Cape Fear River Basin, within the Haw River Sub-watershed of the Jordan Lake Watershed. The service area is depicted in Figure 2. The mitigation credits generated from this parcel are listed in Table 1 and shown in Figure 3, both in Appendix A. 1.0 Introduction This Parcel was proposed to provide stream and wetland mitigation through the creation of a Stream and Wetland Mitigation Bank Site on unnamed tributaries to South Fork Cane Creek as well as riparian buffer mitigation through the creation of a Buffer Bank. Riparian restoration, enhancement (via livestock exclusion), and preservation activities have generated 266,899.400 ft² of riparian buffer mitigation credits. The construction of the Stream Bank Site was completed in April 2019. No major adjustments were made during construction that would drastically affect the Buffer Mitigation Bank Parcel. Due to a survey error some adjustments were made to the conservation easement boundaries but the total acreage remains the same. These changes are discussed further in Section 4. For purposes of the Bethel Branch Buffer Mitigation Bank, the Parcel involved restoring riparian buffers and other riparian areas adjacent to mitigated streams onsite in order to help reduce non-point source contaminant discharges to downstream waters in the Jordan Lake Watershed within the Cape Fear River Basin. Approximately 16.30 acres are now protected with a permanent conservation easement. Out of the 16.30 acres, 10.86 acres were mitigated to generate Jordan Lake riparian buffer credit. Of the 10.86 acres, 3.44 acres qualify for buffer restoration, 4.87 acres for enhancement (via livestock exclusion), and 2.55 acres for buffer preservation. Riparian areas that were restored, enhanced, or preserved for buffer credits are a minimum of 30 feet from the top of stream banks and out to a maximum of 60 feet. The mitigation credits issued for riparian buffer preservation are adjusted per 15A NCAC 0295 (o)(5). The NC Division of Water Resources (DWR) performed an onsite Site Viability for Buffer Mitigation and Nutrient Offset on August 9, 2017. The correspondence related to the site visit is attached in Appendix C and dated August 23, 2017. 2.0 Parcel Location & Background 2.1. Location and Setting The Cane Creek Umbrella Mitigation Bank Parcels are located in Chatham and Alamance Counties near the Town of Snow Camp, NC. The parcel described in this as-built and baseline monitoring report is the Bethel Branch Bank Parcel (35° 49’ 45.56” N and 79° 22’ 11.37” W) which is located in Chatham County Bethel Branch Buffer Mitigation Bank Parcel Page 3 As-Built & Baseline Monitoring Report – September 2019 within the Cape Fear River Basin Hydrologic Unit 03030002050050 (Cane Creek) and the North Carolina Division of Water Resources (NCDWR) Subbasin 03-06-04 (Figure 2). From Raleigh, take US-64 West to the exit for NC-87 N. Continue north on NC-87 for 1.8 miles and turn left onto Silk Hope Gum Spring Road. Continue on Silk Hope Gum Spring Road for 8.1 miles. Turn right onto Silk Hope-Lindley Mill Road and continue for 2.9 miles. Turn left onto Moon Lindley Road and continue for 0.6 miles. Turn right onto R E Wright Road and the project area is accessible through the gate 0.1 miles on the left. 2.2. Parcel Background Prior to construction, the livestock pastures on the Parcel were dominated by fescue grasses (Festuca spp.). Much of the riparian area on UT2 was wooded; however, livestock had access to the streams throughout. The majority of UT1 and UT3 had little to no riparian vegetation and livestock also had access to these systems. The Parcel has been mostly used for livestock grazing with small portions maintained as managed herbaceous cover since before 1993. The extents of riparian buffers and agricultural land have remained consistent over that time. Vegetation in the wooded areas was primarily comprised of deciduous canopy species including willow oak (Quercus phellos), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), and red maple (Acer rubrum). The watershed has likely been periodically logged since humans settled this area, and many tree species located in surrounding riparian areas are now mid-successional. The species in these areas are not necessarily indicative of what would have been on-site before human disturbance. Tables 2, 3, and 4 in Appendix A provide detailed information regarding the Project Activity and Reporting History, Project Contacts, and Project Information and Attributes. 2.3. Parcel Objectives The main objective of the Parcel is to reduce nitrogen and phosphorus loading to the Cape Fear tributaries by fencing out livestock and establishing a forested riparian buffer on land previously used for agricultural purposes. The riparian buffer will immobilize nutrients, reducing quantities available to downstream aquatic ecosystems in the Cape Fear River Basin. 3.0 Restoration Activities Developing the Parcel for mitigation required altering current land use practices. The majority of the Parcel had been maintained as non-forested crops. The pond and earthen dam at the upstream end of UT3 was removed and the stream channel was fully restored as a part of the Bethel Branch stream and wetland mitigation plan. The Jordan Lake buffer restoration areas were replanted with appropriate native tree species within the project corridors. Soil was ripped only in areas disturbed by construction and trees were planted by hand at a density of 607 trees per acre. Planting was completed in April 2019. The revegetation plan for the Parcel included permanent seeding, planting of bare root trees, live stakes, herbaceous plugs, and controlling invasive species growth. The specific species composition planted was selected based on the community type, occurrence of species in riparian areas adjacent to the Parcel, and best professional judgement on species establishment and anticipated Parcel conditions in the early years following project implementation. Adjacent forested areas were also used as a reference (see Table 5). Table 6 lists the tree species that were planted on the Parcel. When necessary, an appropriate seed mix was applied in areas disturbed by stream construction to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events. Bethel Branch Buffer Mitigation Bank Parcel Page 4 As-Built & Baseline Monitoring Report – September 2019 While planting was not needed in livestock exclusion areas, except where required in the stream and wetland mitigation plan, a seed mix was applied where livestock removed vegetation and caused bare soils. No preparation work was done in the buffer preservation areas. All areas of the conservation easement were fenced using woven wire fencing and barbed wire to prevent encroachment by cattle and goats (Figure 4). 4.0 Mitigation Potential and Deviations from the Bank Parcel Development Package (BPDP) Approximately 16.30 acres are now protected with a permanent conservation easement (Appendix D). Out of the 16.30 acres, a total of 10.86 acres of riparian areas have been mitigated to generate Jordan Lake riparian buffer credit. Of those 10.86 acres, 3.44 acres have been restored, 4.87 acres have been enhanced by permanently excluding livestock and stabilizing soils, and 2.55 acres have been preserved (Figure 3). The mitigation areas are a minimum of 30 feet from the top of stream bank. Since the approval of the BPDP, modifications were made to the conservation easement boundaries. These necessary changes were caused by a survey error which was discovered during construction. The total conservation easement acreage is still 16.30 acres but because of the shift in easement placement, the acreage and credits for the types of mitigation within the easement have changed. The largest shift occurred on the upstream portion of UT2 (see Figure 3). This contributed to a 0.46-acre gain in buffer restoration but caused a 0.36-acre loss of preservation area. The easement was extended at the upstream end of UT1 and moved out near the confluence of UT2 and UT3 contributing to a 0.2-acre gain in buffer enhancement via livestock exclusion. In addition, there are areas within the easement where no credit is being claimed including portions of the easement along the downstream end of UT2 where the boundary is less than 30 feet from top of bank. There were also four vernal pools added to create habitat as part of the stream and wetland mitigation bank, one of which is in the enhancement via livestock exclusion area. Because of the changes, it was necessary to recalculate the buffer credits. Revised credit amounts are shown in Table 1 in Appendix A. After applying appropriate credit reductions and credit ratios, the Bethel Branch Buffer Mitigation Parcel generated a total of 6.13 acres (266,899.400 square feet) of Jordan Lake riparian buffer credit. A map detailing the credit generation is provided in Figure 3. 5.0 Monitoring Protocol & Success Criteria Two 10-meter by 10-meter and one 5-meter by 20-meter vegetation monitoring plots were installed within the buffer restoration area to measure the survival of the planted trees (Figure 4). The number of plots required was determined in accordance with the Carolina Vegetative Sampling Protocol (CVS) Levels 1 & 2. Vegetation assessment was conducted in April 2019 following the CVS Levels 1 & 2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006). Performance Standards for the Project will be based on the health and survival of a minimum density of 260 trees per acre after five years of monitoring, with a minimum of four native hardwood tree or shrub species composition and no one species comprises more than 50 percent of stems. Height, DBH, and visual assessment of damage and vigor will be used as indicators of overall health. Desirable volunteer species may be included to meet the success criteria upon DWR approval. The as-built baseline data shows a planted tree density of 607 stems per acre (Table 7 in Appendix B). All planted stems were marked with flagging tape and recorded. A reference photo was taken from the southwest corner of each vegetation plot. See Appendix B for as- built baseline vegetation plot reference photos and Appendix F for site overview photos. Annual monitoring activities will begin in the fall of 2019 and will commence in September or October for the remainder of the monitoring period or until vegetation success criteria is met. Species composition, density, and survival rates will be evaluated on an annual basis by plot for the entire site. Bethel Branch Buffer Mitigation Bank Parcel Page 5 As-Built & Baseline Monitoring Report – September 2019 All planted stems will be marked with flagging tape and a reference photo will be taken from the southwestern corner of each vegetation plot and included in the annual monitoring report. Wildlands shall submit to NCDWR an annual monitoring report no later than December 31st of each year for five consecutive years. 6.0 Financial Assurance & Long-Term Management 6.1. Financial Assurance A Performance Bond in the amount of $100,000 has been secured for 100% of the estimated cost to implement the monitoring and maintenance plan. The Performance Bond applies from the approval of the as-built report until the end of monitoring year one and will be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. A copy of the monitoring bond is provided in Appendix E. 6.2. Parcel Maintenance The Parcel has been marked by adding witness posts with easement placards every 100 feet and at every corner of the easement. Fence location was agreed upon by the landowner and is accurately displayed in Figure 4. Adaptive measures will be developed, or appropriate remedial actions will be implemented in the event that the Parcel or a specific component of the Parcel fails to achieve the success criteria. Parcel maintenance will be performed to correct any identified problems that have a high likelihood of affecting project success. Such items include but are not limited to excess tree mortality caused by fire, flooding, drought, or insects. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. 7.0 References Guidelines for Riparian Buffer Restoration. NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. October 2004. Lee, Michael T., Peet, Robert K., Steven D., Wentworth, Thomas R. 2006. CVS-EEP Protocol for Recording Vegetation Version 4.0. Retrieved from http://www.nceep.net/business/monitoring/veg/datasheets.htm. Peet, R.K., T.R. Wentworth and P.S. White. 1998. A flexible, multipurpose method for recording vegetation composition and structure. Castanea 63:262-274. http://cvs.bio.unc.edu/methods.htm Wildlands Holdings IV, LLC (2018). Bethel Branch Buffer Mitigation Bank Parcel Development Package. NCDWR, Raleigh NC. http://portal.ncdenr.org/web/wq/nutrientbufferbanks APPENDIX A. General Figures and Tables Table 1. Project Components and Riparian Buffer Mitigation Credits Bethel Branch Buffer Mitigation Bank Parcel Monitoring Year 0 - 2019 Riparian Width Credit Type Mitigation Type Credit Ratio Total Area From Survey (sf)% of Full Credit Total (Creditable) Area of Buffer Mitigation (sf) Mitigation Credits (sf) Top of Bank – 100’, Min. 30'Riparian Buffer 88,800 100%88,800 88,800.000 Top of Bank – 100’, Min. 30' Riparian Buffer UT3 - Ephemeral Downstream of Pond 29,765 100%29,765*29,765.000 Top of Bank – 100’, Min. 30'Riparian Buffer UT3 - Pond Area 31,185 100%31,185*31,185.000 Top of Bank – 100’, Min. 30'Riparian Buffer Enhancement - Livestock Exclusion 2:1 212,085 100%212,085 106,042.500 Top of Bank – 100’, Min. 30'Riparian Buffer Preservation 10:1 111,069 100%111,069^11,106.900 118,565.000 31,185.000 106,042.500 11,106.900 266,899.400 Table 2. Project Activity and Reporting History Bethel Branch Buffer Mitigation Bank Parcel Monitoring Year 0 - 2019 Table 3. Project Contact Table Bethel Branch Buffer Mitigation Bank Parcel Monitoring Year 0 - 2019 Table 4. Project Information and Attributes Bethel Branch Buffer Mitigation Bank Parcel Monitoring Year 0 - 2019 DWR Sub-basin Project Drainage Area (acres) Project Drainage Area Percentage of Impervious Area CGIA Land Use Classification Bethel Branch Buffer Mitigation Bank Parcel Chatham County 16.30 35° 49’ 45.56” N, 79° 22’ 11.37” W Piedmont Cape Fear 03030002 03030002050050 03-06-04 485.0 3% 70% pasture, 26% forested, 3% impervious, 1% unmanaged herbaceous PROJECT WATERSHED SUMMARY INFORMATION Physiographic Province River Basin USGS Hydrologic Unit 8-digit USGS Hydrologic Unit 14-digit PROJECT INFORMATION Project Name County Project Area (acres) Project Coordinates (latitude and longitude) Fall 2023 Fall 2021 Fall 2020 September 2019 Completion or Scheduled Delivery February 2018 Fall 2022 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 919.851.9986 Bank Sponsor Wildlands Holdings IV, LLC N/A April 2019 N/A Date Collection Complete Bare Root Planting As-Built & Baseline Monitoring Document Year 1 Monitoring Year 2 Monitoring Year 5 Monitoring N/AWildlands Holdings IV, LLC Cane Creek UMBI Activity or Report BPDP N/A Year 3 Monitoring Year 4 Monitoring Bruton Natural Systems, Inc P.O. Box 1197 Fremont, NC 27830 Dykes and Son Nursery Planting Contractor Jason Lorch 919.851.9986, ext. 107 Monitoring Performers Monitoring, POC Wildlands Engineering, Inc. Nursery Stock Suppliers N/A N/A April 2019 *The area of buffer restoration credit around ephemeral stream reaches makes up 12.9% of the total buffer mitigation area. November 2018N/A N/A September 2019Conservation Easement N/A Fall 2019 ^The area of preservation credit makes up 23% of the total buffer mitigation area. Total Riparian Buffer Restoration Credits Total Riparian Buffer Preservation Credits Total Riparian Buffer Credits 1:1Restoration Total Riparian Buffer Enhancement - Livestock Exclusion Credits Total UT3 - Pond Area Buffer Restoration Credits Table 5. Adjacent Forested Areas Existing Tree and Shrub Species Bethel Branch Buffer Mitigation Bank Parcel Scientific Name Common Name Acer rubrum Red Maple Liriodendron tulipifera Tulip Poplar Liquidambar styraciflua Sweetgum Quercus alba White Oak Quercus nigra Water Oak Quercus phellos Willow Oak Ulmas americana American Elm Table 6. Planted Tree Species Bethel Branch Buffer Mitigation Bank Parcel Scientific Name Common Name Planted Number % of Total Betula nigra River Birch 1,046 20% Celtis occidentalis Northern Hackberry 162 3% Fraxinus pennsylvanica Green Ash 886 17% Liriodendron tulipifera Tulip Poplar 323 6% Platanus occidentalis Sycamore 1,046 20% Quercus lyrata Overcup Oak 523 10% Quercus pagoda Cherrybark Oak 362 7% Quercus phellos Willow Oak 523 10% Ulmus americana American Elm 362 7% Total 5,233 100% Monitoring Year 0 - 2019 Monitoring Year 0 - 2019 Bethel Branch Parcel Location Chatham County, NC Figure 1. Parcel Location Map Bethel Branch Buffer Mitigation Bank Parcel As-Built Report Cape Fear River Basin 03030002 0 10.5 Miles Re Wright RdMoon Lindley Rd2018 Aerial Photography ¹ ^_ Haw River Haw River Upper New Hope Lower New Hope 03030002 Figure 2. Service Area Map Bethel Branch Buffer Mitigation Bank Parcel As-Built Report Cape Fear River Basin 03030002 County Boundaries HUC 03030002 Jordan Lake Sub-Watersheds Service Area - Riparian Buffer Credits ^_Bethel Branch Parcel Location Chatham County, NC 0 105 Miles ¹ Pond removed UT1 UT1 UT2 UT3 UT2 Chatham County, NC 0 350175 Feet ¹ Conservation Easement (16.30 Ac) BPDP Conservation Easement (16.30 Ac) Wetlands (3.21 Ac) Project Streams (2.05 Ac) Credit Zones Buffer Restoration (2.04 Ac) Buffer Restoration - Ephemeral (0.68 Ac) Buffer Restoration - Pond Area (0.72 Ac) Livestock Exclusion (4.87 Ac) Buffer Preservation (2.55 Ac) No Credit (0.18 Ac) Non Project Streams Figure 3. Credit Generation Map Bethel Branch Buffer Mitigation Bank Parcel As-Built Report Cape Fear River Basin 03030002 2017 Aerial Photography [[[[[[[[[[[[[[[[[[[[[[[[ [ [ [[[[[[[[[[[[[[[ [ [[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[[ [ [[[[[[[ [ [ [[[[[[[[ [[[[[[[[[[[[[[[[[[[[[ [[[[[ [ Pond removed UT1 UT1 UT2 UT3 UT2 3 2 1 Chatham County, NC 0 350175 Feet ¹ Conservation Easement (16.30 Ac) Vegetation Plots Wetlands (3.21 Ac) Project Streams (2.05 Ac) Credit Zones Buffer Restoration (2.04 Ac) Buffer Restoration - Ephemeral (0.68 Ac) Buffer Restoration - Pond Area (0.72 Ac) Livestock Exclusion (4.87 Ac) Buffer Preservation (2.55 Ac) No Credit (0.18 Ac) [[Fencing Non Project Streams Figure 4. Monitoring Components Map Bethel Branch Buffer Mitigation Bank Parcel As-Built Report Cape Fear River Basin 03030002 2017 Aerial Photography VICINITY MAP R� NOT TO SCALE w C �( af 3 SITE I, ELISABETH G. TURNER, AS A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF NORTH CAROLINA, CERTIFY THAT THIS BUFFER MAP WAS DRAWN UNDER MY SUPERVISION, IS AN ACCURATE AND COMPLETE REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE FIELD, THAT THE EASEMENT BOUNDARY IS BASED ON PLAT BOOK SEE , PG NOTES RECORDED IN CHATHAM COUNTY REGISTER OF DEEDS OFFICE, AND THAT THE BUFFER AREAS SHOWN ARE CALCULATED FROM AS -BUILT CONDITIONS EXCEPT WHERE OTHERWISE NOTED HEREON. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 15th DAY OF AUGUST, 2019. 1111 I II/////// CAROM . SS/' SEAL Et1SABETH G. TURNER, P.L.S. #L-4440 = r -4440 A:t. F GENERAL NOTES: BETHEL BRANCH MITIGATION SITE 1:.:.: D D DRiparian BufferCred it: SQ. FT. Acres Buffer Restoration 88,800 2.04 0'-100' (Min. 30') Buffer Restoration U T3 Ephemeral Channel 29,765 0.68 0'-100' (Min. 30') Buffer Restoration POND AREA 31,185 0.72 0'-100' (Min. 30') Cattle Exclusion 212,085 4.87 0'-100' (Min. 30') Buffer Preservation 111,069 2.55 0'-100' (Min. 30') Wetlands 139,773 3.21 PME/07P NF 1 M DARRYL LI DLEY TRUSTEE \\ DB 1537, PG 881 PB D -B, PG 579 PID 0073466 PIN: 8785-97-1939 1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY D FEET UNLESS OTHERWISE NOTED. o 2. THE BASIS OF BEARINGS IS NCGS STATE PLANE NAD83(2011) DATUM. 33' 3. THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE m COMPUTATION METHOD. REVISIONS, DATE AND INITIAL: 4. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT AREAS FOR WILDLANDS ENGINEERING, INC. RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT. O THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND �r THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT W ARE NOT CHANGED BY THIS PLAT. N/F M DARRYL LINDLEY 5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT.TRUSTEE DB 1537, PG 881 6. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR PB 30, PG 7 PID 0001073 ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). PIN: 8795-07-776E 7. CONSERVATION EASEMENT MAP NOT RECORDED AT TIME OF BUFFER AS -BUILT. EASEMENT LINES PROVIDED BY WILDLANDS ENGINEERING. BETHEL BRANCH MITIGATION BANK PARCEL SEE MEMORANDUMS OF OPTION RECORDED IN DEED BOOK 1713, PG. 204 IN THE CHATHAM COUNTY REGISTER OF DEEDS OFFICE. 'Z 8. STREAM TOP OF BANK LINES PROVIDED BY WILDLANDS ENGINEERING C) TAKEN FROM AS -BUILT TOPOGRAPHIC SURVEY BY OTHERS. D _; o CAPE FEAR RIVER BASIN Streams 89,262 2.05 N o C red it 7,758 0.18 Total CE Area 709,697 16.30 NF 1 M DARRYL LI DLEY TRUSTEE \\ DB 1537, PG 881 PB D -B, PG 579 PID 0073466 PIN: 8785-97-1939 1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY D FEET UNLESS OTHERWISE NOTED. o 2. THE BASIS OF BEARINGS IS NCGS STATE PLANE NAD83(2011) DATUM. 33' 3. THE AREA SHOWN HEREON WAS COMPUTED USING THE COORDINATE m COMPUTATION METHOD. REVISIONS, DATE AND INITIAL: 4. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT AREAS FOR WILDLANDS ENGINEERING, INC. RIPARIAN BUFFER CREDITS WITHIN THE CONSERVATION EASEMENT. O THIS PLAT IS NOT A BOUNDARY SURVEY. THE LAND PARCELS AND �r THEIR BOUNDARIES AFFECTED BY THIS CONSERVATION EASEMENT W ARE NOT CHANGED BY THIS PLAT. N/F M DARRYL LINDLEY 5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE AND WERE TAKEN FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT.TRUSTEE DB 1537, PG 881 6. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR PB 30, PG 7 PID 0001073 ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S). PIN: 8795-07-776E 7. CONSERVATION EASEMENT MAP NOT RECORDED AT TIME OF BUFFER AS -BUILT. EASEMENT LINES PROVIDED BY WILDLANDS ENGINEERING. BETHEL BRANCH MITIGATION BANK PARCEL SEE MEMORANDUMS OF OPTION RECORDED IN DEED BOOK 1713, PG. 204 IN THE CHATHAM COUNTY REGISTER OF DEEDS OFFICE. 'Z 8. STREAM TOP OF BANK LINES PROVIDED BY WILDLANDS ENGINEERING C) TAKEN FROM AS -BUILT TOPOGRAPHIC SURVEY BY OTHERS. D _; o CAPE FEAR RIVER BASIN TurnerLandSurveying.com IL %F M DARRYL LINDLEY TRUSTEE Q ¢� DB 1537, PG 881 ALBRIGHT TOWNSHIP CHATHAM COUNTY NORTH CAROLINA PB 30, PID 0001/073 PIN: 8795-07-7766 ti X� V Q \10, _ o` LINE LEGEND: CE CONSERVATION EASEMENT (BY OTHERS) - - — RIGHT OF WAY — — PROPERTY LINE (BY OTHERS) 0 VERNAL POOL N/F FLORA WRIGHT JORDAN LIFE EST DB 860, PG 44 PB 88, PG 39 / PID 0001094 / PIN: 8795-18-7219 / CHATHAM COUNTY z' y\ ` / M DARRYL LIIdDLEY TRUSTEE DB 1554, PG 159 PARCEL ID #: 8795 00 15 0886 \ y nPIN:PIBD 0 001 050886 PARCEL ID ##e 8795 00 07 7766 1 \P \ / M DARRYL LINDN/FLEY TRUSTEE / DB 1554, PG 159 PID 0001053 PIN: 8795-16-6985 O /M / N / Z /"CO / ID I/ DARRYL LINDLEY TRUSTEE /Q / DB 1554, 159 / PID 0001010 53 PIN. 8795-16-6985 / PARCEL ID #: 8795 00 16 6985 \ PARCEL ID #: 8785 00 97 1939 \\� "LO \S 7LO 300' 0' 300' 600' \\\ THIS MAP IS NOT FOR RECORDATION, SALES, OR SCALE: 1 inch = 300 feet (11x17) DOES NOT COMPLY WITH G.S. 47-30 MAPPING h°` W / / / / CONVEYANCES AND REQUIREMENTS. m D m T� o Z A m m AS -BUILT SURVEY OF BUFFER AREAS FOR REVISIONS, DATE AND INITIAL: WILDLANDS ENGINEERING, INC. P.O. BOX 1C 48 O �r W W N N E N SWANNANOA, NC 28778 o W� o BETHEL BRANCH MITIGATION BANK PARCEL P-0702 (919) 827-0745 'Z w C) � D _; o CAPE FEAR RIVER BASIN TurnerLandSurveying.com IL 1O ALBRIGHT TOWNSHIP CHATHAM COUNTY NORTH CAROLINA Certified DBE/WBE APPENDIX B. Vegetation Plot Data Table 7. Planted and Total Stem Counts Bethel Branch Buffer Mitigation Bank Parcel PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T Betula nigra River Birch Tree 3 3 3 3 3 3 3 3 3 9 9 9 Celtis occidentalis Northern Hackberry Shrub Tree 1 1 1 1 1 1 Fraxinus pennsylvanica Green Ash Tree 2 2 2 2 2 2 2 2 2 6 6 6 Liriodendron tulipifera Tulip Poplar Tree 3 3 3 3 3 3 Platanus occidentalis Sycamore Tree 2 2 2 6 6 6 4 4 4 12 12 12 Quercus lyrata Overcup Oak Tree 2 2 2 1 1 1 3 3 3 Quercus pagoda Cherrybark Oak Tree 3 3 3 1 1 1 3 3 3 7 7 7 Quercus phellos Willow Oak Tree 1 1 1 1 1 1 1 1 1 3 3 3 Ulmus americana American Elm Tree 1 1 1 1 1 1 15 15 15 15 15 15 15 15 15 45 45 45 7 7 7 6 6 6 7 7 7 9 9 9 607 607 607 607 607 607 607 607 607 607 607 607 Color for Density Exceeds requirements by 10% Exceeds requirements, but by less than 10% Fails to meet requirements, by less than 10% Fails to meet requirements by more than 10% PnoLS - Planted Stems Excluding Live Stakes P-all - All Planted Stems T - All Woody Stems 1 0.02 Annual Means MY0 (2019) Stem count size (ares) size (ACRES) 3 0.07 Current Plot Data (MY0 2019) Scientific Name Common Name Species Type VP 1 VP 2 VP 3 Monitoring Year 0 - 2019 Stems per ACRE 1 0.02 1 0.02 Species count VEGETATION PLOT PHOTOGRAPHS Bethel Branch Buffer Mitigation Bank Parcel Bethel Branch Buffer Mitigation Bank Parcel Appendix B: Vegetation Plot Data – Vegetation Plot Photographs VEGETATION PLOT 1 (04/25/2019) VEGETATION PLOT 2 (04/25/2019) VEGETATION PLOT 3 (04/25/2019) APPENDIX C. NCDWR Surface Water Determination Water Resources ENVIRONMENTAL QUALITY August 23, 2017 Andrea Eckardt Wildlands Engineering, Inc. 1430 S. Mint Street Charlotte, NC 28210 (via electronic mail: aeckardt@wildlandseng.com) ROY COOPER MICHAEL S. REGAN S. JAY ZIMMERMAN Re: Site Viability for Buffer Mitigation & Nutrient Offset — Bethel Branch Mitigation Site 1140 Moon Lindley Rd, Pittsboro/Snow Camp, NC Chatham County Dear Ms. Eckardt, On August 1, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Wildlands Engineering Inc. (WEI) for a site visit near the above -referenced site in the Haw River Sub -watershed of Jordan Lake. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset. On August 9, 2017, Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the attached map labeled "Bethel Branch Site Map". This site is also being proposed as a stream restoration site by WEI. Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to 200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 1Subiect Riparian Land uses Buffer 2Nutrient Mitigation Type Determination w/in riparian to Buffer of Feature onsite areas ID Credit Offset Viable Rule 0-200' at 2,249.36 Viable lbs -N acre UT -1 Stream Yes Mix of forested & Yes Yes (non- Forested pasture - Enhancement Site per 15A non -forested Pasture forested NCAC 0213 .0295 (o)(6) grazed by livestock pasture only) Non -forested pasture — Restoration site per 15A NCAC 02B .0295 (n) UT -2 Stream Yes mostly mature Yes Yes (fields Forested areas = Preservation Site per 15A natural forest with only) NCAC 026 .0295 (o)(5) Upstream of some open fields of culverted hay; Fields = Restoration site per 15A NCAC 02B crossing 'A" .0295 (n) (see map) UT -2 Stream Yes Mix of forested & Yes Yes (non- Forested pasture - Enhancement Site per 15A non -forested Pasture forested NCAC 02B.0295 (o)(6) Down- grazed by livestock pasture & stream of with some corn fields fields only) Non -forested pasture or fields — Restoration culverted site per 15A NCAC 02B .0295 (n) crossing 'A" (see map) State of North Carolina J Environmental Quality � Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Bethel Branch Mitigation Site Wildlands Engineering, Inc. August 23, 2017 Feature ID Classification 'Subject Riparian Land uses Buffer zNutrient Mitiaation Type Determination w/in riparian areas to Buffer of Feature onsite Credit Offset Viable Rule 0-200' Viable at 2,249.36 lbs -N acre UT -3 Ephemeral & No N/A No No N/A Easement Pond boundary to Ephemeral channel drains directly to ag pond pond outfall UT -3 Ephemeral No Non -forested pasture Yes Yes Restoration Site per 15A NCAC 02B .0295 (o)(7) Pond outfall grazed by livestock Must meet all requirements under.0295 (o)(7) to DWR flag to be viable for buffer mitigation. UT -3 Stream Yes Mix of forested & Yes Yes (non- Forested pasture - Enhancement Site per 15A At tree non -forested Pasture forested NCAC 02B.0295 (o)(6) cluster/ grazed by livestock pasture only) DWR flag to Non -forested pasture — Restoration site per 15A UT -2 NCAC 02B .0295 (n) confluence UT -4 Ephemeral No Hayfield Yes Yes Restoration Site per 15A NCAC 02B .0295 (o)(7) Must meet all requirements under .0295 (o)(7) to be viable for buffer mitigation. 'Subjectivity calls for the features were determined by DWR in correspondence dated August 15, 2017 using the 1:24,000 scale quadrangle topographic map prepared by USGS or the most recent printed version of the soil survey map prepared by the NRCS. z NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. Maps that are attached to this letter were provided by WEI and were initialed by Ms. Merritt on August 23, 2017. This letter should be provided in all stream, 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. Pii e 213 Bethel Branch Mitigation Site Wildlands Engineering, Inc. August 23, 2017 This viability assessment will expire on August 23, 2019 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. KAH/km Attachments: Bethel Branch Site Map, USGS Topo cc: File Copy (Katie Merritt) Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 313 M Darryl Lindley Bethel Branch Determination Aerial* I V Project Parcel y Proposed Conservation Easement Area Pvrennii9 5tmam q • • ... Interinirtimt Stream Ephemeral Channel a I .y�t r �r3 ► so •< .� tr'� Wap initially provided by Wildlands Inc has been manipulated to reflect DWR determinations. ')luR 4 oZUlr1-WSd MIM qK Wla5117 Ra Project Parcel : Project Arealow •,r AV log ,•� Y � r i �• e < ♦ 1 Silk Hope USGS 7 5 minute topographic quadrangle Bethel Branch - USGS Topo Map W I L D L A N D S 0 250 500 Feett Cane Creek Mitigation Bank ENGINEERING I I I I I Cape Fear River Basin 03030002 DWp.- * ;b l r� bg50 Chatham Couniy, NC APPENDIX D. Conservation Easement APPENDIX E. Financial Assurance PERFORMANCE BOND Travelers Casualty and Surety Company of America FOR MONITORING One Tower Square, Hartford CT 06183 Bond No. 107063173 KNOW ALL MEN BY THESE PRESENTS, that we, Wildlands Holdings IV, LLC, as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of North Carolina as Surety, are held and firmly bound unto _North Carolina Department of Environmental Quality (nCDEQ) — Division of Water Resources (DWR) (Obligee), in the penal sum of One Hundred Thousand and no/100 Dollars ($100,000) lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain written Agreement with the above named Obligee, effective the 6 day of March, 2018 for Bethel Branch Buffer Mitigation Bank Parcel located within the Cape Fear River Basin within the Haw River Sub watershed of the Jordan Lake Watershed in the State of North Carolina United States Geological Survey ("USGS" Hydrologic Unit code 03030002), and more fully described in said Agreements, a copy of which is attached, which Contract is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the monitoring obligations, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee. Notwithstanding the provisions of the Contract, the term of this bond shall apply from September 4, 2019 and end with the approval of the Year 1 Monitoring Report by the North Carolina Department of Environmental Quality — Division of Mitigation Services but may be extended by the Surety with a Continuation Certificate for future monitoring years 2 - 6. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond or any continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 4 day of September, 2019 Witness Witness WIL ANDS HOLDINGS IV LLC LIA Principal Agreed and acknowledged this day of 2019 By: Obligee 4309 Emperor Blvd., Suite 300 Durham, NC 27703 Travelers Casualty and Surety Company of America ASW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint PHOEBE C HONEYCUTT of DURHAM North Carolina their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and theircorporate seals to be hereto affixed, this 3rd day of February, 2017. -A P Tr apo ff'r,,y^ J aij HA rdFitA, ` � c HARTFORD, + ' [ Ui k' COtltt. ,a CONN. d ��•......•;��y1� °� psi � 7F �v 61 ap a��lp` State of Connecticut By: City of Hartford ss. Robert L. Raney, Senior Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. c T� My Commission expires the 30th day of June, 2021 iAq �(`(�QN�. t * ���c�* Mane C. Tetreault, Notary Public Cf'f' This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 4 day of September 12019 ��1%W �Fipc� 93pt�r apQ .��, tl J t tL1gTF0� a CON IIA . , + 87IWiAC[ A�rAklti. $ CONN. o VAL Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421-3880. Please refer to the above-named Attorney4n-Fact and the details of the bond to which the power is attached. APPENDIX F. Overview Photographs Bethel Branch Buffer Mitigation Bank Parcel Appendix F: Overview Photographs Bethel Branch Buffer Mitigation Bank Parcel Appendix F: Overview Photographs Bethel Branch Buffer Mitigation Bank Parcel Appendix F: Overview Photographs APPENDIX G. Permit Approvals ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S.REGAN Secretary LINDA CULPEPPER interim Director November 7, 2018 DWR # 17-0887 Chatham County Wildlands Engineering Attn: Charlie Neaves 312 West Millbrook Road, Suite 225 Raleigh, NC 27609 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Bethel Branch Mitigation Site- Cane Creek Umbrella Dear Mr. Neaves: You have our approval for the impacts listed below for the purpose described in your application dated September 12, 2018, received by the Division of Water Resources September 24, 2018. These impacts are covered by the attached Water Quality General Certification Number 4134 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 116H Mail Service Center I Raleigh. North Carolina 276941611 919.707.9000 T om.w.eau.INAT North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 116H Mail Service Center I Raleigh. North Carolina 276941611 919.707.9000 Bethel Branch Mitigation Site DWR# 17-0887 Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands W -J 0.017 acres 0.013 acres W -I 0.004 0.007 W -H 0.018 0.007 W -G 0.002 0 W -F 0.003 0.003 W -E 0.002 0 W -A 0.001 0 W-8 0.040 0 Total 0.087 0.03 Stream S1 275 linear feet 0 linear feet S2 505 0 S3 893 0 S4 696 0 S5 1,139 0 S6 145 0 S7 438 0 S8 544 0 Total 4,635 0 Open Waters Site 1 1.07 acres 0 acres Total 1.07 0 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification (s) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not represent an approval of credit yield for the project. [15A NCAC 02H .0500(h)] Bethel Branch Mitigation Site DWR# 17-0887 Page 3 of 4 4. You have our approval for your proposed final stream enhancements/restorations plan. The stream restorations/enhancements must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. [15A NCAC 02H .0506(h)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Bethel Branch Mitigation Site DWR# 17-0887 Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Mac Haupt at 919-707-3632 or mac.hauptPncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4134 cc: Samantha Dailey, USACE Raleigh Regulatory Field Office (via email) Danny Smith, DWR Raleigh Regional Office 401 file (via email) DWR 401 & Buffer Permitting Branch file Filename: 170887BethelBranch(Chatham) 401 appy Itr.Nov 7,2018.docx November 8, 2018 Regulatory Division Action ID No: SAW-2016-02365 Re: NCIRT Review and USACE Approval of the Request for Modification to the Cane Creek Umbrella Mitigation Banking Instrument (UMBI) to add the Bethel Branch Site Mr. Jeff Keaton Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, North Carolina 27609 Dear Mr. Keaton: This letter is to inform you that the Wilmington District, Corps of Engineers (Corps) has reviewed and approved the Bethel Branch Site, dated October 2018. In addition, the Corps has issued a Nationwide Permit 27 (NWP 27) verification letter authorizing work in waters of the United States associated with restoration of aquatic resources on the mitigation bank site. As bank sponsor you are required to comply with the approved Cane Creek UMBI, Final Mitigation Plan– Cane Creek Umbrella Mitigation Bank – Bethel Branch Site, the terms and conditions of your NWP 27 verification letter, and the Corps’ regulations regarding compensatory mitigation (33 CFR 332). The bank sponsor accepts all risk, liability, and responsibility for the success of all mitigation activities associated with the approved mitigation bank site. In accordance with the final mitigation plan, the bank sponsor must prepare and submit annual monitoring reports to document whether the stream (6,423 linear feet) and wetland (3.22 acres) restoration and enhancement areas on the project site meet the necessary interim and final performance standards. When credits are debited from the mitigation site, the bank sponsor must provide the Corps with an updated ledger form identifying the purchaser of the credits, the project name, the permit number, and the number and type of credits to be debited. When all stream (5,228 stream mitigation units (SMUs)) and wetland (3.107 wetland mitigation units (WMUs)) credits have been consumed, no more credits may be sold from this mitigation site. From the Corps’ perspective, the next phase in the establishment of the Cane Creek UMBI, Bethel Branch Site, includes recording the conservation easement to protect the mitigation site, marking the boundary of the site with permanent signs, and executing the necessary financial assurances. Once the conservation easement has been recorded and we receive the required executed financial assurance documents, the Corps will be in a position to approve an initial credit release for 15% of the total stream and wetland restoration and enhancement mitigation credits. We look forward to working with you to ensure the Bethel Branch Site complies with the requirements of the approved UMBI and site-specific mitigation plan DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 In all future correspondence concerning this matter, please refer to our file number, SAW- 2016-02365. If you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please contact Ms. Samantha Dailey by email at Samantha.J.Dailey@usace.army.mil or by phone at (919) 554-4884 extension 22. Sincerely, Henry M. Wicker Deputy Chief, Regulatory Division Enclosures Electronic Copies Furnished: NCIRT Distribution List WICKER.HENRY.M.JR.12298 18267 Digitally signed by WICKER.HENRY.M.JR.1229818267 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WICKER.HENRY.M.JR.1229818267 Date: 2018.11.09 10:38:05 -05'00' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-02365 County: CHATHAM U.S.G.S. Quad: NC-CRUTCHFIELD CROSSROADS GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Applicant:Wildlands Engineering, Inc. Mr. Jeff Keaton Address: 312 West Millbrook Road, Suite 225 Raleigh, North Carolina 27609 Size (acres) 16.30 Nearest Town Snow Camp Nearest Waterway South Fork Cane Creek River Basin Cape Fear River USGS HUC 03030002 Coordinates Latitude: 35.82833 Longitude:-79.36722 Description of the project location: The project area is identified as an approximate 16.30-acre tract of land, located on Chatham County Parcels 1073, 1053, and 1054. These parcels are located at 277 Re Wright Road, Snow Camp, Chatham County, North Carolina (Latitude: 35.82833, Longitude: -79.36722). Work in waters of the United States would occur within the South Fork watershed in the Cape Fear River (8-digit HUC: 03030002). Description of projects area and activity: The applicant, Wildlands Engineering, Inc., has requested a Department of the Army authorization to discharge dredged and/or fill material into waters of the United States in conjunction with the Cane Creek Umbrella Mitigation Bank, Bethel Branch Site. Project activity will involve the restoration and enhancement 6,423 linear feet of stream channel and 3.22 acres of wetland. Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 0.117 acres of wetland and 4,635 linear feet of stream channel in conjunction with the mechanized land clearing, excavation, and stream relocation activities for the Bethel Branch Site. Compensatory mitigation is NOT required in conjunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed summary of impacts Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 27 – Aquatic Habitat Restoration, Enhancement, and Establishment Activities SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated October 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit’s expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Samantha Dailey at 919-554-4884 x22 or Samantha.J.Dailey@usace.army.mil. Corps Regulatory Official: ___________________________ Samantha J. Dailey Date: November 8, 2018 Expiration Date of Verification: March 18, 2022 DAILEY.SAMANT HA.J.1387567948 Digitally signed by DAILEY.SAMANTHA.J.1387567948 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DAILEY.SAMANTHA.J.1387567948 Date: 2018.11.08 15:26:07 -05'00' Table 1. Authorized discharge of fill material into waters of the United States in association with the Bethel Branch Site (SAW-2016-02365). Impact Number/ Aquatic Resource ID Flow Regime or Cowardin Class Fill Length of Stream (lf) Fill acreage of wetland (ac) Duration of Fill Material Regulated Discharge of Fill Material Activity Wetland J Riparian N/A 0.017 Permanent Channel Excavation Wetland J Riparian N/A 0.013 Temporary Floodplain Grading Wetland I Riparian N/A 0.004 Permanent Channel Excavation Wetland I Riparian N/A 0.007 Temporary Floodplain Grading Wetland H Riparian N/A 0.018 Permanent Channel Excavation Wetland H Riparian N/A 0.007 Temporary Floodplain Grading Wetland G Riparian N/A 0.002 Permanent Channel Excavation Wetland F Riparian N/A 0.003 Permanent Channel Excavation Wetland F Riparian N/A 0.003 Temporary Floodplain Grading Wetland E Riparian N/A 0.002 Permanent Channel Excavation Wetland A Riparian N/A 0.001 Permanent Fill – Restoration Wetland B Riparian N/A 0.040 Permanent Channel Excavation S1 UT1-R1A Perennial 275 N/A Permanent Fill – Restoration S2 UT1-R1B Perennial 505 N/A Permanent Fill – Restoration S3 UT1-R1C Perennial 893 N/A Temporary Fill – Restoration S4 UT1-R1C Perennial 696 N/A Temporary Fill – Restoration S5 UT2-R2 Perennial 1139 N/A Permanent Fill – Restoration S6 UT2-R2 Perennial 145 N/A Temporary Fill – Restoration S7 UT2-R3 Perennial 438 N/A Temporary Fill – Restoration S8 UT3 Perennial 544 N/A Temporary Fill – Restoration TOTALS Permanent: 4,635 Temporary: 0 Permanent: 0.030 Temporary:0.087 SPECIAL CONDITIONS ACTION ID: SAW-2016-02365 WILDLANDS ENGINEERING, INC. BETHEL BRANCH SITE MITIGATION 1. The permittee understands and agrees that the document entitled “Final Mitigation Plan – Cane Creek Umbrella Mitigation Bank – Bethel Branch Site” dated October 2018”, is incorporated and made part of this permit. Execution of the work and terms given in the approved mitigation plan are a condition of this permit. Action ID Number: SAW-2016-02365 County: CHATHAM Permittee: Wildlands Engineering, Inc. Mr. Jeff Keaton Project Name: Bethel Branch Site Date Verification Issued: November 8, 2018 Project Manager: Samantha Dailey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Raleigh Regulatory Field Office Attn: Samantha Dailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27857 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. _______________________________________ ______________________ Signature of Permittee Date Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on ______________. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Ms. Samantha Dailey at 919-554-4884, ext. 22 or by email at Samantha.J.Dailey@usace.army.mil. C.Basis For Determination: Refer to the enclosed Preliminary JD Form and Figure 3 Site Map, for a detailed summary of waters on-site D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: ______________________________________________________ Samantha J. Dailey Date:November 8, 2018 Expiration Date:N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. DAILEY.SAMANTHA.J .1387567948 Digitally signed by DAILEY.SAMANTHA.J.1387567948 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DAILEY.SAMANTHA.J.1387567948 Date: 2018.11.08 15:26:46 -05'00' NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Wildlands Engineering, Inc. (Attn: Mr. Jeff Keaton) File Number: SAW-2016-02365 Date: November 8, 2018 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Raleigh Regulatory Field Office Attn: Samantha Dailey 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. ________________________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division,Attn: Ms. Samantha Dailey, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPENDIX 2 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): November 8, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Applicant:Wildlands Engineering, Inc. Mr. Jeff Keaton Address: 312 West Millbrook Road, Suite 225 Raleigh, North Carolina 27605 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Cane Creek UMBI-Bethel Branch Site, Wildlands Engineering, Inc., Chatham County, SAW-2016-02365 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:NC County/parish/borough: Chatham City: Snow Camp Center coordinates of site (lat/long in degree decimal format): Lat. 35.82833°N, Long. -79.36722°W. Universal Transverse Mercator: Name of nearest water body:South Fork Cane Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES): Office (Desk) Determination. Date:November 8, 2018 Field Determination. Date(s):November 21, 2017 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “pre-construction notification” (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant’s acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there “may be” waters of the U.S. and/or that there “may be” navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply):Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:Wildlands Engineering, Inc. Final Jurisdictional Determination Request, dated November 30 2017. Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: . Corps navigable waters’ study: . U.S. Geological Survey Hydrologic Atlas: . USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:1:24K, NC-Crutchfield Crossing USDA Natural Resources Conservation Service Soil Survey. Citation:Web Soil Survey: November 2017. National wetlands inventory map(s). Cite name:Corps of Engineers SimSuite – November 2017. State/Local wetland inventory map(s): . FEMA/FIRM maps: . 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) Photographs: Aerial (Name & Date):1998 NAPP & 2010 ESRI World Imagery. or Other (Name & Date): . Previous determination(s). File no. and date of response letter: . Other information (please specify): . IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Refer to the enclosed Table 1. Summary of On-Site Jurisdictional Waters _________________________ __________________________ Signature and date of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is Impracticable) DAILEY.SAMA NTHA.J.13875 67948 Digitally signed by DAILEY.SAMANTHA.J.1387567948 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DAILEY.SAMANTHA.J.1387567 948 Date: 2018.11.08 15:22:37 -05'00' 5 Table 1. Summary of On-Site Jurisdictional Waters Feature Latitude Longitude Cowardin Class Estimated Amount of Aquatic Resource in Review Area Class of Aquatic Resource UT1 35.831175 -79.368964 Riverine-Streambed 2,446 Non-Wetland Waters of the US UT2 35.829370 -79.366722 Riverine-Streambed 3,480 Non-Wetland Waters of the US UT3 35.830919 -79.365050 Riverine-Streambed 454 Non-Wetland Waters of the US Wetland A 35.828997 -79.366760 Palustrine-Emergent 0.035 Non-Section 10 – Wetland Wetland B 35.831108 -79.365281 Palustrine-Emergent 0.141 Non-Section 10 – Wetland Wetland C 35.833125 -79.367671 Palustrine-Emergent 0.019 Non-Section 10 – Wetland Wetland E 35.832326 -79.368402 Palustrine-Emergent 0.002 Non-Section 10 – Wetland Wetland F 35.830932 -79.369243 Palustrine-Emergent 0.079 Non-Section 10 – Wetland Wetland G 35.830476 -79.369266 Palustrine-Emergent 0.002 Non-Section 10 – Wetland Wetland H 35.829942 -79.369683 Palustrine-Emergent 0.025 Non-Section 10 – Wetland Wetland I 35.829770 -79.369683 Palustrine-Emergent 0.011 Non-Section 10 – Wetland Wetland J 35.829648 -79.369865 Palustrine-Emergent 0.030 Non-Section 10 – Wetland Pond A 35.831379 -79.364651 Lacustrine Limnetic 1.073 Non-Section 10 – Wetland Figure 3 Site MapCane Creek Umbrella Mitigation BankBethel Branch SiteCape Fear River Basin (030300 02)November 2017 Chatham County, NC 0 500 Feet ¹ Proposed Easement Boundary Delineated Wetlands Pond Non-Wetland Waters Wetland F (DP9) Upland (DP2)UT1UT3 U T 2 UT2 UT1Wetland G (DP11) Upland (DP10) Wetland H (DP12) Wetland I (DP13) Upland (DP14)Wetland J (DP15) Upland (DP18) Wetland E (DP7) Upland (DP8) Wetland C (DP4) Upland (DP5) Wetland B (DP3) Pond A Wetland A (DP1) WATERSHED PROTECTION DEPARTMENT P.O. Box 548 Pittsboro, NC 27312 PHONE: (919) 545-8343 Fax: (919) 542-8268 E-mail: morgan.dewit@chathamn c.org Website: www.chathamnc.org Soil Erosion and Sedimentation Control LETTER OF APPROVAL October 19, 2018 Shawn Wilkerson Wildlands Engineering, Inc. 1430 South Mint Street, Ste. 104 Charlotte, NC 28203 RE: To The Above Named Person and Entity, This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire two (2) years following the date of approval, if no land-disturbing activity has been undertaken. Section 10 (l) of the Chatham County Sedimentation and Erosion Control Ordinance requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Act is performance-oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, the erosion and sedimentation control plan is inadequate to meet the requirements of the Chatham County Sedimentation and Erosion Control Ordinance, this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may Project Name: Bethel Branch Stream Mitigation Site Project Number: Acres approved: 2018-06803 20.6 Submitted by: Wildlands Engineering , Inc. Date Received: 10/18/2018 WATERSHED PROTECTION DEPARTMENT P.O. Box 548 Pittsboro, NC 27312 PHONE: (919) 545-8343 Fax: (919) 542-8268 E-mail: morgan.dewit@chathamn c.org Website: www.chathamnc.org also apply to this land-disturbing activity. This approval does not supersede any other permit or approval. Please be aware that your project will be covered by the enclosed NPDES General Stormwater Permit NCGO1000 (Construction Activities). You should first become familiar with all of the requirements for compliance with the enclosed general permit. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. Please notify us when you would like to schedule a preconstruction conference. Notification shall be given at least 7 days prior to initiation of activity. Your cooperation is appreciated. Sincerely, Morgan DeWit, PE Senior Watershed Specialist Watershed Protection Division Chatham County