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20160977 Ver 2_BPDP for PN_20191126ID#* 20160977 Version* 2 Select Reviewer:* Katie Merritt Initial Review Completed Date 11/26/2019 Mitigation Project Submittal - 11/26/2019 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer r- Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Jamey McEachran Project Information .................................................................................................................................................................. ID#:* 20160977 Existing IDY Project Type: r DMS r Mitigation Bank Project Name: Bucher Bank Parcel County: Durham Document Information Email Address:* jameyred@gmail.com Version: *2 Existing Version Mitigation Document Type:* Mitigation Plans File Upload: Bucher _BPDP_FINAL.pdf 26.65MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* Jamey McEachran Signature:* M E M O R A N D U M fires 302 Jefferson Street, Suite 110 Raleigh, North Carolina 27605 919.209.1052 tel. 919.829.9913 fax TO: Katie Merritt, NCDWR FROM: Jamey McEachran and Brad Breslow - RES DATE: November 26, 2019 Response to the DRAFT Bucher Bank Parcel Development Package Comments received from NCDWR DWR Project Number: 2016-0977v2 Page 3, paragraph above Table 1 — clarify that the 1,380,266 ft2 is before ratios and % reductions, such that it isn't suggestive that this is the amount of the buffer mitigation being generated. Some clarifying language has been added to the paragraph above Table 1. In parenthesis, the statement "before ratios and percent reductions have been applied" has been added to the sentence to clarify that the 1,380,266 ft2 is not the buffer mitigation credit being generated. 2. Section 3.5 — DWR requests that EBX consider planting an annual & perennial seed mix (in addition to the other riparian/wetland seed mix) that includes pollinator -rich seedlings to enhance the ecological uplift of the riparian areas' as well as provide a nice herbaceous layer to the pond bottom. This request is a comment being provided by DWR in all buffer planting plans at this time. RES appreciates DWR requests and will do our best to include pollinator -rich seedlings in our seed mixture. At this time, we have included eastern swamp milkweed, purple stemmed aster, peckerelweed, and showy tickseed sunflower/burma igold along with our typical riparian/wetland seed mix to the planting plan for the seeding of the Petty's Lake footprint. As we do not buy the seed mix until closer to the actual date of construction the actual seeds that are bought will be dependent on the alignment of the germination and time period of seeding along with the availability and cost at the time. RES will continue to consider this request in all future projects. 3. Page 12, regarding the planting plan and Tree Planting List — There isn't a planting plan represented in the BPDP. However, can you include Figure 11 from the Stream Plan and reference it here? Figure 11 from the Stream Plan has been added to this plan as Figure 12 — Planting Plan and is referred to in Section 3.5. 4. There are slight differences between this planting list than what is provided in Figure 11 for the pond bottom area (Planting Zone 2). It's noted as a Piedmont Alluvial Forest (Zone 2) on the stream Plan, but as a Piedmont Bottomland/HW forest in the BPDP. Explain. The Final Planting Plan of the Bucher Stream Mitigation Project has the Piedmont Bottomland/Headwater Forest as the target community within the pond footprint and should be reflected in the most up to date Figure 11 within that plan. The pond bottom in both plans should be the Zone 1 — Piedmont Bottomland/Headwater Forest. 5. Add a column to the Table 4 showing Canopy/SubCanopy and identify each species as one or the other. In Table 4, a column showing canopy/subcanopy has been added and identified for each species. Section 3.6 — commit to installing all easement boundaries, include placards with Long term steward contact information before the submittal of the As -Built report. In Section 3.6 the sentence `Boundary markers will be installed with the contact information of the long-term steward before the submittal of the As -Built report." has been added. 7. Section 4.1 — add a statement that monitoring data will not be collected until at least 5 months post planting and seeding. In Section 4.1 "Monitoring Protocol and Success Criteria", the sentence "The first year of monitoring will not be conducted until at least five months have passed since the planting and seeding of the buffer was completed." has been added to ensure that data is not collected until at least 5 months post planting and seeding. Figure 8 — There is a slight yellow/orange coloring around the upper section of BU3 that doesn't match the other shading. What is this area representing? In Figure 8, the slight yellow/orange coloring is a result of the transparency of this layer with the imagery behind it. This area is the same "Stream Credit for Additional Buffer (51-150') but the stark contrast between the pond bottom and the leafless tree section in this area of the pond shoreline makes it appear a different color. These same layers are shown in Figure 7 without imagery behind them and it is clear there that there is no difference in this area. Figure 12 — add the stream names to this map Figure 12 - Monitoring Plan has been changed to Figure 13 — Monitoring Plan in order to add the Planting Plan as Figure 12. The Figure 13 (Monitoring Plan) has been updated to show the stream names on this map. Bank Parcel Development Plan Bucher Mitigation Project DWR Project #: 2016-0977 version 2 November 2019 Upper Falls Lake Watershed I Neuse River Basin HUC 03020201 Durham County, North Carolina Prepared By: Prepared For: Resource Environmental Solutions, LLC NC Department of Environmental Quality For Environmental Banc & Exchange — Neuse I, LLC Division of Water Resources 302 Jefferson Street, Suite 110 1652 Mail Service Center Raleigh, NC 27605 Raleigh, NC 27699-1652 TABLE OF CONTENTS 1 MITIGATION PROJECT SUMMARY.........................................................................................I 1.1 Project Location.........................................................................................................................1 1.2 Project Overview........................................................................................................................1 1.2.1 Parcel Ownership...............................................................................................................3 1.3 Existing Conditions....................................................................................................................4 1.3.1 Surface Water Classification.............................................................................................. 4 1.3.2 Physiography and Soils...................................................................................................... 4 1.3.3 Wetlands............................................................................................................................. S 1.3.4 Landscape Communities..................................................................................................... S 1.3.5 Existing Conditions Photos................................................................................................ 6 2 REGULATORY CONSIDERATIONS..........................................................................................8 2.1 Threatened and Endangered Species.......................................................................................... 8 2.2 Cultural Resources.....................................................................................................................9 2.3 Federal Emergency Management Agency (FEMA)/ Hydrologic Trespass.................................9 3 RIPARIAN RESTORATION AND PRESERVATION IMPLEMENTATION PLAN ...........10 3.1 Site Preparation........................................................................................................................10 3.2 Methods....................................................................................................................................10 3.3 Riparian Restoration Activities................................................................................................11 3.4 Riparian Preservation Activities...............................................................................................11 3.5 Planting Plan ............................................................................................................................11 3.6 Easement Boundaries...............................................................................................................12 4 MONITORING PLAN..................................................................................................................12 4.1 Monitoring Protocol and Success Criteria................................................................................12 4.2 Adaptive Management Plan and Parcel Maintenance...............................................................13 5 LONG-TERM MANAGEMENT PLAN......................................................................................14 6 FINANCIAL ASSURANCE..........................................................................................................14 7 MITIGATION POTENTIAL........................................................................................................15 8 REFERENCES...............................................................................................................................16 Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site November 2019 FIGURES Figure 1. Service Area Map Figure 2. Project Vicinity Map Figure 3. Existing Conditions Map Figure 4. USGS Topographic Map Figure 5a. Historical Map Figure 5b. Historical Map Figure 6. Stream Concept Design Plan Map Figure 7. Buffer Zones Figure 8. Conceptual Design Plan for Riparian Buffer Bank Figure 9. Mapped Soils Map Figure 10. NWI Map Figure 11. FEMA Map Figure 12. Planting Plan Map Figure 13. Monitoring Plan Map APPENDICES Appendix A — NCDWR Stream Determination Letter and Mitigation Viability Letter Appendix B — Conservation Easement Template Appendix C — Preliminary Jurisdictional Determination Submittal Appendix D — Agency Correspondence nl Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site November 2019 1 MITIGATION PROJECT SUMMARY Environmental Banc & Exchange Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide this Bank Parcel Development Plan (BPDP) for the Bucher Riparian Buffer Mitigation Bank ("Parcel'). This Parcel is designed to provide riparian buffer mitigation credits for unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey (USGS) 8-digit Hydrologic Unit Code (HUC — 03020201) (Figure 1). This BPDP is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and the Bucher Mitigation Banking Instrument for Riparian Buffer Mitigation Credits (MBI), made and entered into by EBX-Neuse I, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality - Division of Water Resources (DWR). The BPDP has also been designed in concurrence with the Bucher Stream Mitigation Site in the Neu -Con Stream and Wetland Umbrella Mitigation Bank (SAW# 2016- 01988). The draft mitigation plan for the Bucher Stream Mitigation Site has been reviewed by the North Carolina Interagency Review Team (IRT) and is currently being finalized. 1.1 Project Location The Bucher Mitigation Project (the Project) is in Durham County approximately seven miles northeast of Durham, NC and can be accessed from Redwood Road, Cheek Road, and Creech Road (Figure 2). The Project is located in the NC Division of Mitigation Services (DMS) Targeted Local Watershed (TLW) Ellerbe Creek Hydrologic Unit (HU) 03020201050010 within the Upper Falls Lake Watershed (I0-digit HUC 0302020104) and the NC Division of Water Resources (DWR) Subbasin 03-04-01 (Figure 1). To access the Project, head north on Patterson Road from NC-98, take an immediate left onto Stallings Road and continue onto Fletchers Chapel Road. In 1.3 miles take a right onto Redwood Road. The Project will be on the right. The coordinates for the project are 36.035494 °N and-78.786872 'W. 1.2 Project Overview This Project provides a unique opportunity to protect 92.7 acres of riparian habitat. The project easement encompasses much of Rocky Branch (Reaches BU1 to MB3-C) including a large farm pond (Pettys Lake) that forms the headwaters of Rocky Branch and seven of its tributaries that then drain into the Falls Lake Reservoir a half mile downstream from the Project (Figure 3). There are two additional streams within the project area, BU8 and CH7, in which will be protected but will not be considered project reaches as due to future land use constraints just outside the easement. The total drainage area of the project is 614 acres (0.96 square miles) (Figure 4). The easement area around Pettys Lake is separated from the rest of the easement by an existing 170-foot powerline easement. There are four additional easement breaks along the project to allow for future land use. These easement breaks were meticulously coordinated with potential developers and their engineers to reduce potential impacts to the stream corridor. The Project is in an area that is primarily wooded with pockets of agricultural fields and low density residential lots and is less than a half mile upstream from the Falls Lake Reservoir. Land use within the Project is primarily historically timbered riparian forest and a large impoundment, Pettys Lake. Aerial imagery indicates that the Project is in a historically rural watershed with limited low -density residential development, small farms, and woodlands (Figure 5a and 5b). However, development pressure from Durham is quickly reaching the Project watershed. The Project landowner is currently working with a developer to plan a high -density residential neighborhood surrounding the project. Protection and Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 1 November 2019 restoration of the nutrient sensitive water and water supply IV Project streams that drain directly to the Falls Lake Reservoir would provide a buffer against present and future stressors within the watershed. The Project area is comprised of a contiguous easement area starting at downstream Reach (BU1) of Pettys Lake (BU2, BU3, and BU4) and follows along Rocky Branch (BU6, BU7, BU9, MB 1, M133) until it flows out of the easement area and drains into the Falls Lake Reservoir. The Project includes one main tributary that flows into Rocky Branch (CHI, CH3, CH6, and CH8) and multiple unnamed tributaries off of these main stems (BU10, BU11, CH2, MB2, MB4, and MB5). The easement is separated by a powerline easement below Pettys Lake and three other proposed crossings designed to reduce the impacts of future development (Figure 3). BU1 is a 338 linear feet intermittent channel that flows north into Pettys Lake. The current riparian buffer is in fair condition and consists of young hardwoods and pines. BU2 correlates to the southern finger of Pettys Lake and extends past reach BU3 to Pettys Lake Dam. Pettys Lake is an impoundment approximately 12 acres in size and was constructed between 1961 and 1972. There is a thin wooded buffer that borders the lake on all sides except along the dam. BU3 correlates to the western finger of Pettys Lake, beginning at a farm path along the western project boundary and ending at Reach BU2. There are two culverts located at the upstream end of the reach; one culvert acts as an outlet to the small pond upstream of the farm path while the culvert to the north conveys flows under the path from a ditch that parallels the small pond on the north. BU4 correlates to the northern finger of Pettys Lake and confluences with proposed reach BU2 upstream of the existing dam. BU6 is a 980 linear feet perennial stream that flows northeast beginning downstream of the Pettys Lake Dam and flows east past the active spillway to its confluence with BU7. The portion of the reach between the dam and the active spillway has been dislocated from the watershed by the dam. Though this area has a limited drainage area, it does receive significant groundwater from the surrounding wetlands. The riparian buffer averages over 100 feet wide along the entire reach and is composed of young hardwoods with localized areas of Chinese privet (Ligustrum sinense). BU7 is 415 linear feet perennial channel that flows east beginning downstream of BU6 and transitions to Reach BU9. BU9 is a 778 linear feet perennial channel. There are three intermittent tributaries that drain into reach BU9; BU8, BU11, and BU10. BU8 and BUII flow south to confluence with BU9, and BU10 flows north to confluence with BU9. BU9 eventually transitions into MB I, still a perennial channel that flows northeast from BU9 past a confluence with CH8. MB1 extends 1,617 linear feet through a pine and scattered hardwood forest and then transitions into MB3, a 3,119 linear feet segment of stream, that flows east and is the most downstream reach of the project. Two intermittent channels, MB4 and MB5, flow into the channel near the middle of the reach. At the most downstream end of the project MB3 becomes the border of the easement. The other main perennial feature onsite begins at Reach CHI and enters the project from the south and flows north for 822 linear feet before it transitions to CH3 which meanders back and forth in and out of the project easement boundaries for 851 linear feet before transitioning into CH6. CH4 is a small intermittent reach, 316 linear feet, that originates just outside of the project easement and flows through a wetland to its confluence with CHI. Reach CH2 also flows north into the project and confluences with CHI right as it transitions to CH3. CH6 continues flowing north for 357 feet past its confluence with CH7, a 144 linear feet intermittent stream that originates just outside the project easement boundaries. CH6 then transitions to CH8, a 1,796 linear feet perennial channel that continues flowing north until it confluences with MB 1 through a predominately pine forest with a few scattered hardwoods and localized areas of privet. The goal of the Project is to restore and preserve ecological function to the existing stream and riparian buffer by establishing appropriate plant communities while minimizing temporal and land disturbing Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 2 November 2019 impacts. A restored stream system and revegetation of the floodplain through an existing pond bottom and the restoration and enhancement of the downstream stream channels will re-establish a connecting stream and floodplain which will aid in filtering sediment and nutrients before entering the Falls Lake Reservoir. Restoration and preservation of the Neuse River riparian buffer (as defined in 15A NCAC 02B .0233) is anticipated to result in a reduction of the water quality stressors currently affecting the Project area: impoundments, historic forestry activities, floodplain disconnection and, erosion of stream banks. This Project is consistent with the management strategy for maintaining and protecting riparian areas in the Falls Lake nutrient strategy as well as the 2009 Neuse River Basinwide Water Quality Plan and the Ellerbe Creek Local Watershed Plan. The Project involves restoring and preserving riparian buffers and their functions to compensate, in appropriate circumstances, for unavoidable riparian buffer impacts. The buffer mitigation plan proposed is being submitted for review under the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295. DWR staff provided a viability assessment for buffer mitigation on July 31, 2018. Correspondence regarding this assessment is provided in Appendix A. This BPDP will only generate credit within the 0-50 foot and 150-200 feet buffer from the top of bank; buffer areas greater than 50 feet from the top of bank out to 150 feet are being claimed for additional stream credit in the Bucher Stream Mitigation Bank (Figure 6). As shown on Figure 7, this area is solely being used for the generation of stream mitigation credits. These areas will not be used for the generation of any other credit type (i.e. the same square foot of buffer cannot be used to generate wetland credit, nutrient offset credits or state buffer credits). There will be no overlap in the buffer bank credit areas and stream credit for additional buffer areas (Figure 7). Of the total 92.7 acres in the conservation easement, the Bucher Project presents the opportunity to perform 1,380,266.000 fe (31.69 acres) of riparian buffer mitigation (before ratios and percent reductions have been applied) by establishing or preserving a native forested and herbaceous riparian buffer plant community with a minimum width of 50 feet and a maximum of 200 feet from the edge of the channels. Table 1 provides an overall summary of the total buffer mitigation credits. Table 1. Bucher Mitigation Project Mitigation Summary Total Riparian Buffer Mitigation Credits Mitigation Totals Used Area Square Feet and Acres Credits Restoration 257,945 ft2 (5.92 acres) 238,388.370 Preservation 85,982 ft2 (1.97 acres) 16,505.267 Total Riparian Buffer 343,927 (7.90 acres) 254,893.637 Figure 8 shows the Conceptual Design for Riparian Buffer Bank Map and Section 3 provides details of the mitigation determination on the Bucher Project. According to 15A NCAC 02B .0295 (o)(4) and (5), "the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation". 1.2.1 Parcel Ownership The land required for the construction, management, and stewardship of this Project includes portions of the parcels listed in Table 2. EBX- Neuse I will obtain conservation easements from the current landowners. The Wilmington District Conservation Easement model template was utilized to draft the site protection instrument. Once recorded, the secured easements will allow EBX-Neuse I to proceed with the Project Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 3 November 2019 development and protect the mitigation assets in perpetuity. Once finalized, a copy of the land protection instrument(s) will be included in Appendix B. Table 2. Parcel and Landowner Information Landowners Pin or Tax Parcel ID Agreement Type County 0863-04-43-0124; EBX Neuse I, LLC 0863-03-21-2222; Easement Durham 0863-01-00-9568 0863-03-22-5163 Cheek, LLC 0863-01-20-8206 Easement Durham 1.3 Existing Conditions 1.3.1 Surface Water Classification The Project is comprised of Rocky Branch, a large farm pond, and seven unnamed tributaries that drain into Rocky Branch which drains directly into Falls Lake Reservoir a half mile downstream of the Project (Figure 3). The current surface water classification for the Project's main feature, Rocky Branch, is WS- IV; NSW, CA. Tributaries of the Site run directly into Rocky Branch (NCDEQ 2018). The primary classification of WS-IV is Water Supply IV and is defined by DWR as waters used as sources of water supply for drinking, culinary, or food processing purposes where a WS-I, II, or III classification is not feasible. By definition, WS-IV waters are also protected for Class C uses, which include secondary recreation, fishing, wildlife, fish consumption, aquatic life, and agriculture. The supplemental classification of NSW is Nutrient Sensitive Waters and is defined by DWR as waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation. The CA classification is Critical Area. Critical area is the land adjacent to a water supply intake where risk associated with pollution is greater than from remaining portions of the watershed. Critical area is defined as land within one-half mile upstream and draining to a river intake or within one-half mile and draining to the normal pool elevation of water supply reservoirs. 1.3.2 Physiography and Soils The Project is in the Triassic Basins level IV ecoregion within the Piedmont level III ecoregion. This ecoregion has unique geology when compared to the rest of the Piedmont, with unmetamorphosed shales, sandstones, mudstones, siltstones, and conglomerates. Having less local relief and elevation than surrounding regions and more erodible rocks, stream valleys in the region are usually wider. Streams generally have low to moderate gradient with mostly sand and clay substrates. Soils in the Triassic Basin ecoregion are generally clayey with low permeability, resulting in streams usually having low base flows (Griffith et al. 2002). The Project watershed skews toward sand substrate with highly erodible banks. Channel gradient is low with moderately steep valleys. Historically, moderate channel gradients have flattened due to channel incision in areas that bed rock is not present. The topography of the project area is generally rolling with elevations ranging from ranging from 270 feet to 340 feet (Figure 4). The NRCS Web Soil Survey shows several mapping units across the Project (Figure 9, Table 3). Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 4 November 2019 Table 3. Project Mapped Soil Series Map Unit Map Unit Name Percent Hydrologic Drainage Class Landscape Symbol Hydric Soil Group Setting Cartecay and Chewacla Cc soils, 0-2% slopes, 93% Somewhat Poor A/D Floodplains frequently flooded IrC Iredell loam, 6-10% ,-- ° 0% Moderately well C/D Narrow side slopes on „r1, A Wehadkee silt loam, 0- Wn 2% slopes, frequently 90% Poor B/D Narrow floodplains flooded WsB White Store sandy loam, 0% Moderately D Broad ridges on uplands 2-6/° slopes Well White Store sandy loam, WsC 0% ° Moderately D Narrow side slopes on 6-10% slopes Well uplands White Store sandy loam, Moderately Side slopes adjacent to WsE ° 10-25 /° slopes ° 0% Well D major drainageways on ,.r,., A, 1.3.3 Wetlands A wetland delineation was performed in March 2017. Wetland boundaries were delineated using current methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0) (USACE 2010). Soils were characterized and classified using the Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA-NRCS 2010). Wetland boundaries were marked with sequentially numbered wetland survey tape (pink/black striped) (Figure 3). A jurisdictional determination request was sent to the USACE on March 27, 2017 and a site visit with the USACE was conducted on August 31, 2018. The request and wetland forms are included in Appendix C. There were five wetlands flagged within the study area of the site; WA, WB, WC WE, and WG. WA is a bottomland hardwood forest wetland 0.78 acres in size, WB is a freshwater marsh fringe wetland surrounding Pettys lake and is 2.87 acres in size, WC was determined to be outside the study area, WE is 2.07 acres in size and is along the backside of the dam that makes Pettys Lake, and finally WG is a small wetland 0.21 acres in size located at the downstream end of CHI. Stream determinations were provided by DWR (Appendix A). The USFWS National Wetland Inventory Map (NWI) mapped three wetlands within the project area. Two of the wetlands are labeled PUBHh (Palustrine Unconsolidated Bottom Permanently Flooded Diked/Impounded) or Freshwater Ponds and one very long, narrow and wetland mapped as a Freshwater Forested/Shrub Wetland along M133-C (Figure 10). 1.3.4 Landscape Communities A. Existing Vegetation Communities Current land use around the project is primarily disturbed forest, pasture, and maintained open fields. There are also low -density residential lots, a large agricultural pond, maintained vegetation, and two-lane roads present in the immediate project vicinity. Forested riparian areas have historically been logged and were likely in agricultural or pasture use (Figure 5a and 5b). The areas that were logged are dominated by pines and the rest of the project area is a mix of pine and young hardwood but, overtime, would likely Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 5 November 2019 develop into Mesic Mixed Hardwood Forest (Schafale 2012). Common canopy species include loblolly pine (Pious taeda), tulip poplar (Liriodenon tulipera), red maple (Acer rubrum), white oak (Quercus alba), and sweetgum (Liquidambar styraciflua). Other canopy species present include American beech (Fagus grandifolia), mockernut hickory (Carya tomentosa), and Northern red oak (Quercus rubra). Sub -canopy species include greenbriar (Smilax sp.), muscadine (Vitus rotundifolia), flowering dogwood (Corpus Florida), and Eastern red cedar (Juniperus virginiana). Some exotics were noted, including Chinese privet (Ligustrum sinense), Japanese stiltgrass (Microstegium vimineum), and Japanese honeysuckle (Lonicera Japonica). B. Riparian Vegetation As there is no current buffer within the pond bottom, the riparian buffer in this area does not function to its full potential. There is currently a functioning riparian buffer along the rest of the tributaries, but it is not functioning to its full potential as it has been historically timbered and is therefore very sparse in diversity while the stream is in need of restoration in order to have a functioning floodplain. In general, the pond footprint will allow for a re-establishment of a bottomland hardwood forest riparian buffer and the rest of the Project will protect what is already a functioning riparian buffer. Throughout the Project there are scattered invasive vines and trees that will be treated to the extent practicable. In most cases, the riparian buffer is in reasonable condition and extends out at least 200 feet. 1.3. S Existing Conditions Photos Buffer condition along BU 1 Looking downstream along Reach BU7 March 3, 2016 Buffer condition along BU6 (upstream) Looking Upstream along BU9 March 3, 2016 Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 6 November 2019 Looking upstream along BU10 March 2, 2016 Looking upstream along MB 1 March 14, 2016 Looking downstream along MB3 March 18, 2016 Looking downstream along BU11 Left buffer along MB2 March 15, 2016 Looking upstream along M134 March 4, 2016 Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 7 November 2019 Buffer along MB5 March 4, 2016 Buffer along CH8 March 1, 2016 2 REGULATORY CONSIDERATIONS 2.1 Threatened and Endangered Species Buffer along CHI February 29, 2016 Downstream CH6 March 1, 2016 Plants and animals with a federal classification of endangered or threatened are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service (USFWS) database (accessed 12 April 2017) lists three endangered species for Durham County, North Carolina: Dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhus michauxii) and Smooth coneflower (Echinacea laevigate). However, the Dwarf wedgemussel range does not overlap with the project easement area. The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary site evaluations. In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species are mapped within one mile of the Project. Results from NHP indicated that there are no known occurrences of protected species within a one -mile radius of the project area. Based on initial site investigations, no impacts to federally protected species are anticipated as a result of the proposed project. USFWS coordination was completed during the public notice period of the Instrument Modification. A letter from the USFWS dated November 3, 2016 Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 8 November 2019 indicated that no adverse impacts to fish and wildlife are expected as part of the project. Documentation is included in Appendix D. 2.2 Cultural Resources Environmental and cultural resources include historic and archeological resources located in or near the Project. RES has evaluated the Project's existing and future conditions to determine any potential mitigation impacts to cultural resources. A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed 12 April 2017) database did not reveal any listed or potentially eligible historic or archeological resources in the proposed project area. SHPO coordination was completed during the public notice period of the Instrument Modification. A letter from SHPO dated November 28, 2016 stated that no known historic resources would be affected by the project. Documentation is included in Appendix D. 2.3 Federal Emergency Management Agency (FEMA)/ Hydrologic Trespass The Project includes a mapped FEMA Zone AE 100-year floodplain (Figure 11). The design and permitting of the mitigation work will include coordination with the Durham County Floodplain Administrator and a No -Rise Certification or CLOMR/LOMR. Construction access is constrained in some areas by existing mature hardwood vegetation. A tree survey will be conducted to design the mitigation measures and access to minimize impacts to significant specimen trees. Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 9 November 2019 3 RIPARIAN RESTORATION AND PRESERVATION IMPLEMENTATION PLAN Riparian restoration and preservation areas adjacent to streams are shown in Figure 8 and were approved by the DWR in the letters dated July 31, 2018 (Appendix A). The goal of the Project is to restore ecological function to the existing streams and riparian buffers by establishing appropriate stream buffer plant communities where absent and to protect buffers and streams in perpetuity. The buffered channels will provide water quality and habitat functions within the Neuse watershed, such as nutrient and sediment removal, filtration of runoff from nearby agricultural fields, and improved aquatic and terrestrial habitat. 3.1 Site Preparation Preparation within the Project will involve spraying undesired fescue grass and exotic invasive species; contoured ripping, seeding and planting, and pond removal. Prior to construction a Pre -construction Notification for the Nationwide Permit 27, under Section 404 of the Clean Water Act, and a DWR 401 Water Quality Certification, under Section 401 of the Clean Water Act, will be obtained. Following the issuance of the Nationwide Permit, an erosion and sediment control permit will be obtained. Preparation of the pond will begin a minimum of six months before the rest of the project construction begins. Stabilization and implementation of dispersal techniques will be utilized where surface flows have become concentrated to minimize the chances of non -diffuse flow. A combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in riparian areas during any land disturbance activities. These erosion control measures shall be inspected and properly maintained at the end of each working day to ensure measures are functioning properly until permanent vegetation is established. Disturbed areas shall be temporarily seeded within ten working days and upon completion of final grading, permanent vegetation shall be established for all disturbed areas. After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil that is removed during construction will be stockpiled and placed over the site during final soil preparation. This process should provide favorable soil conditions for plant growth. Temporary and permanent riparian seeding shall be done in accordance with the erosion control plan. Bare root plantings and live stakes shall be planted according to the planting plan. All riparian restoration and preservation activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the Stream Mitigation Bank. The riparian restoration areas will be surveyed and information will be provided in the As -Built report. 3.2 Methods All restoration and preservation activities will begin from the tops of the stream banks and extend a minimum of 50 feet from the stream outward to a maximum of 200 feet perpendicular to the stream channel pursuant to 15A NCAC 02B .0295 (effective November 1, 2015). Areas greater than 50 feet are being pursued for additional stream credit for wider buffers; there will be no overlap in buffer and stream crediting areas (Figure 7).Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community types, so the protected buffer easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments (Section 3.6). Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 10 November 2019 3.3 Riparian Restoration Activities Buffer restoration activities are proposed along the newly formed channels BU2, BU3, and BU4 within what is currently called Pettys Lake in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (n) (Figure 8). This pond, or "Pettys Lake", is being proposed as stream restoration which will restore and daylight the connection between the upstream sections of BU1, the pond, and the downstream sections of Rocky Branch. Stream Restoration will address existing impairments including the pond, floodplain dislocation, bank erosion, nutrient input, and buffer degradation. The stream design approach will include the permanent breaching of the Pettys Lake dam, draining the impoundment, removal of unsuitable pond bed material from the proposed floodplain, removal of any large debris or trash, and then grading a new single thread channel in the natural valley within the existing pond footprint. The majority of the buffer restoration activities will be planting new vegetation on the newly formed floodplain and livestaking the stream to keep the newly formed stream channels stable. Planting will consist of a composition of native bare -root tree species specified in Section 3.6. The restoration of plant communities within the Project will not only provide stabilization and improve water quality within the easement limits, but will also provide ecological benefits to the entire watershed. Restoration activities will also include the permanent protection of the riparian buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer through a conservation easement that will have clearly visible easement markers and signs (see Section 3.7 for further description of the easement boundaries). 3.4 Riparian Preservation Activities Buffer preservation is proposed along the most upstream sections of BU1, BU3, and BU4, plus all along the entire rest of the project reaches in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o)(5) (Figure 8). However, preservation activities along BU10, BU11, and M135 will be preservation on non -subject streams in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (o)(4). Preservation activities will consist of permanently protecting the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer through a conservation easement that will have clearly visible easement markers and signs (see Section 3.7 for further description of the easement boundaries). No more than 25 percent of the total area of buffer mitigation will be used for preservation credit pursuant to 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4) and the rest of the area will be protected in the conservation easement and not applied for credit. 3.5 Planting Plan All riparian restoration areas will be planted from top of bank back at least 50-feet from the stream with bare root tree seedlings on nine by six-foot spacing to achieve an initial density of 680 trees per acre. Planting of the Project where riparian buffer restoration is being performed will meet the performance standards outlined in the Rule 15A NCAC 02B .0295. The vegetation data will be collected no earlier than late August of each year. This includes treating invasive species and planting at least four species of native hardwood bare root trees. Piedmont Bottomland/Headwater Forest (Schafale 2012) will be the target community type and will be used for all areas within the Project. This forest system is common throughout Piedmont drainages and will provide water quality and ecological benefits. The initial planting of bare root trees will occur before spring 2021. Wherever possible, mature vegetation will be preserved and incorporated into the buffer. Some areas adjacent to the forested areas may require maintenance due to the Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 11 November 2019 rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). The planting plan proposed for the project is shown in Table 4 and shown on Figure 11. Table 4. Tree Planting List Piedmont Bottomland/Headwater Forest (14.54 acres) Species Common Name Unit Type Canopy/Subcanopy % of Total Species Composition Platanus occidentalis Sycamore Bare Root Canopy 15 Cephalanthus Bare Root Subcanopy occidentalis Buttonbush 15 Celtis laevigata Sugarberry Bare Root Canopy 15 Betula nigra River birch Bare Root Canopy 15 Swamp Bare Root Canopy Quercus michauxii chestnut oak 15 Quercus lyrata Overcup oak Bare Root Canopy 15 Nyssa biflora Swamp tupelo Bare Root Canopy 10 Live Staking and Live Cuttings Bundle Tree Species Species Common Name Canopy/Subcanopy % of Total Species Composition Salix nigra Black willow Subcanopy 40 Populus deltoides Cottonwood Subcanopy 40 Cornus amomum Silky dogwood Subcanopy 20 3.6 Easement Boundaries Easement boundaries will be identified in the field to ensure clear distinction between the Project and adjacent properties. Boundaries may be identified by marker, bollard, post, tree -blazing, or other means as allowed by Project conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation project and will include the name of the long-term steward and a contact number. Boundary markers will be installed with the contact information of the long-term steward before the submittal of the As -Built report. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. 4 MONITORING PLAN 4.1 Monitoring Protocol and Success Criteria Vegetation monitoring and visual assessments will be conducted annually. The first year of monitoring will not be conducted until at least five months have passed since the planting and seeding of the riparian buffer was completed. Riparian buffer vegetation monitoring will be based on the "Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2". As part of the stream mitigation plan, 19 vegetation plots will be installed a minimum of 100 meters squared in size and will cover at least two percent of the planted mitigation area for the Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 12 November 2019 Stream Mitigation Bank (23.42 acres). However, eight of these plots will be placed within areas where RES is seeking riparian buffer credit. These plots will be measuring success of both the riparian buffer crediting areas, and the stream crediting areas. Those measuring success of the buffer areas where buffer credit is being sought, will be provided in the monitoring reports. These plots will be randomly placed throughout the planted riparian buffer mitigation area (5.92 acres) and will be representative of the riparian buffer restoration areas. The following data will be recorded for all trees in the plots: species, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape (Figure 13). Photos will be taken at all vegetation plot origins each monitoring year and be provided in the annual reports. Visual inspections and photos will be taken to ensure that enhancement areas are being maintained and compliant. The measures of vegetative success for the Project will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Native volunteer species may be included to meet the performance standards as determined by NC Division of Water Resources (DWR). A visual assessment of the conservation easement will also be performed each year to confirm: • No encroachment has occurred; • No invasive species in areas were invasive species were treated, • Diffuse flow is being maintained in the conservation easement areas; and • There has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval. Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer credits will be monitored in accordance with the monitoring protocol in the Bucher Stream Mitigation Plan. 4.2 Adaptive Management Plan and Parcel Maintenance Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the site, or a specific component of the site, fails to achieve the defined success criteria. Remedial actions will be designed to achieve the success criteria specified in this BPDP, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Neuse River buffer, as defined in 15A NCAC 02B .0233, by the DWR could result in Neuse buffer violations and violations of the conservation easement. If necessary, RES will develop a species -specific control plan. Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 13 November 2019 5 LONG-TERM MANAGEMENT PLAN EBX—Neuse I, LLC (EBX), acting as the Bank Sponsor, will record a Conservation Easement with the Durham County Register of Deeds Office for this site. The Conservation Easement will be assigned to the North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of EBX-Neuse I, LLC until the Bank Parcel is transferred to the NCWHF. Endowment funds required to uphold the Bucher Bank Parcel conservation easement in perpetuity shall be negotiated prior to site transfer to the NCWHF. The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Parcel during the initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the Bucher Riparian Buffer Mitigation Banking Instrument made and entered into by EBX-Neuse I, LLC and DWR. 6 FINANCIAL ASSURANCE The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one - hundred percent (100 percent) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least $150,000 and shall be able to cover 100 percent of the costs associated with construction of the riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to cover 100 percent of the costs associated with the monitoring and maintenance of the riparian restoration areas for five years. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 14 November 2019 7 MITIGATION POTENTIAL This Project has the potential to generate approximately 233,927.670 ftZ (5.37 acres) of riparian buffer restoration credits on a drained pond bottom, 4,460.700 0 ftZ (102 acres) of additional riparian buffer restoration credits, 15,814.200 fe (36 acres) buffer preservation credits on non -subject streams, and 691.067 fe (0.02 acres) of buffer preservation credits on subject streams. In accordance with 15A NCAC 02B .0295 (o)(4) and (5), "the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation", only 1.97 acres out of the 25.76 total acres available for preservation credit are allowable to be used to generate mitigation credits. The riparian buffer mitigation credits generated will service the entire Falls Lake Watershed buffer impacts within the USGS 8-digit HUC 03020201 of the Neuse River Basin. The total potential mitigation credits that the Bucher Mitigation Project will generate are summarized in Table 5, and Figure 8. Table 5. Bucher Mitigation Project Mitigation Credits Riparian Buffer Credit Riparian Credit Mitigation Existing Used Credit Per Acre Ratio %Full Mitigation Zone Type Type Area Acreage Credit Assets Pond Footprint Riparian Restoration 226,767 ftZ 226,767 ftZ 43,560 1:1 o 100% 226,767.000 ftZ 0-50' Buffer (5.21 ac) (5.21 ac) Riparian Restoration 1,989 ftZ 1,989 ftZ 43,560 1:1 ° 100% Z 1,989.000 ft Buffer (0.05 ac) (0.05 ac) Riparian p Preservation 79,071 ftZ 79,071 ftZ 0-50' Buffer Non -subject (1.82 ac) (1.82 ac) 43,560 5:1 100% 15,814.200 ftZ Streams Riparian Preservation: 1,043,250 ftZ 6,911 ftZ Buffer Subject (23.95 ac) (0.16 ac) 43,560 10:1 100% 691.067 ftZ Streams Pond 21,699 ftZ Z Footprint Buffer Restoration (0.50 ac) (0509ac 43,560 1:1 33% 7,160.670 ftZ 150 — 200' 150 — 200' Suffern Restoration 7,490 ftZ (0.17 ac) Z (o.17 490a) 43,560 1:1 33% 2,471.700 ftZ Total Restoration 25.ftZ 25592 238,388.370 ftZ (5.47 ac) a c 92 a92 592 . a cftZ a 1,122,321 It' 85,982 ftZ ° 16,505.267 It' (0.38 ac) Total Preservation (25.76 ac) (1.97 ac) includes ratios & reductions 'According to 15A NCAC 02B .0295 (o) (4) and (5), "the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 15 November 2019 8 REFERENCES Endangered Species Act of 1973. Public Law 93-205, 87 Stat. 884. 16 USC 1531-1543, Environmental Laboratory. (1987). U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. FEMA (Federal Emergency Management Agency). 2007. FEMA Flood Map Service Center. North Carolina Fish and Wildlife Coordination Act of 1934. Public Law 85-72, 79 Stat. 216. 16 USC 661-667(d). Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2. hi!p:Hcvs.bio.unc.edu/protocol/cvs-cep-protocol-v4.2-levl-2.pdf. National Historic Preservation Act of 1966 (as amended Section 106). 16 USC 470. 36 CFR 800, 23 CFR 771, 36 CFR 60, 36 CFR 63. NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4. L" N.C. Wetland Functional Assessment Team. NCDEQ (North Carolina Division of Environmental Quality). 2019. North Carolina Water Bodies Listed by River Basin. has://ncdenr.maps.arcais.com/apps/webappviewer/index.html?id=6e 125ad7628f494694e259c8 Odd64265; accessed April 2019. NCDWQ (North Carolina Division of Water Quality). 2011. A Guide to Surface Freshwater Classifications in North Carolina. Raleigh. http://portal.ncdenr.org/c/document_libm/ act file?p 1 id=1169848&folderld=2209568&name=DLFE-35732.pdf: accessed December 2018. NCDWQ. (North Carolina Division of Water Quality). 2010. Methodology for Identification of Intermittent and Perennial Streams and Their Origins. Version 4.11. Raleigh. NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. NCNHP (North Carolina Natural Heritage Program). 2018. Natural Heritage Element Occurrences. April 2019. NCSHPO (North Carolina State Historic Preservation Office). 2019. North Carolina Listings in the National Register of Historic Places. http://www.hpo.ncdcr.gov/NR-PDFs.pdf, accessed April 2019. Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 16 November 2019 United States Department of Agriculture (USDA) - Natural Resources Conservation Service (MRCS). 1976. Soil Survey of Durham County, North Carolina. USDA-NRCS. 2014. Web Soil Survey GIS Data. http://websoilsurvey.sc.egov.usda.gov/App/HomePa eg htm, accessed April 2019. USFWS (United States Fish and Wildlife Service). 2015. Information, Planning, and Conservation (IPAC) Online Screening Tool. https:Hecos.fws.gov/ipac/; accessed April 2019. USFWS. 2019. Wetland Classification Codes. https://www.fws.gov/wetlands/Data/Wetland-Codes.html; accessed August 2019. Bucher Bank Parcel Development Package Riparian Buffer Mitigation Site 17 November 2019 Supporting Figures Figure 1. Service Area Map Figure 2. Project Vicinity Map Figure 3. Existing Conditions Map Figure 4. USGS Topographic Map Figure 5a. Historical Map Figure 5b. Historical Map Figure 6. Stream Mitigation Conceptual Plan Figure 7. Buffer Zones Figure 8. Conceptual Design Plan for Riparian Buffer Bank Figure 9. Soils Map Figure 10. NWI Map Figure 11. FEMA Map Figure 12. Monitoring Map Oxford Henderson 43 Halifax Timberlai 401 Hollister Rich Squar O 301 Enfield Butr,. Scotland Neck L WC Meban i , ;borough - Louisburg O Red Oak zsa 58 Du n1 Wake Nashv Oak City IV 1-4- 1 Chapel Hill -- Bucher arboro El Mitigation Project ea t 4' Roberso Elm City zsa az nary Raleigh qW Pittsborc Gamer _ ilSon,, 264 Clayton Greenville z Ft.qu3v- arina ker Farmville s S Winterville azl Smithfield Sanford 401 , 903 Ayden 73 Snow Hill azl Buies Creek `YP Be son 701 Gold or �0 ® Grifton Dunn La Grange zse 55 Kinston r"t za on Grc �J ;•o 13 Fort Bragg z95 Hendersor azl � Fayetteville za Salemburg Clinto Raeford Hope Mills Roseboro gtc; 701 Rocky O ® � n St Pauls Garland Chapel Hill Raleigh _ Tar Heel 0 Wilson o Pembroke Ap x t zabethtown Legend 421 lot 421 Upper Neuse River Basin - 87 03020201 �t ztt 14-Digit-HU - urst 03020201050010 0 villa I I.- ern ;1�1 " Figure 1 - Service Area Date: 8/28/2019 W E Bucher Drawn by: HKH r0s s Mitigation Project Checked by: JRM 0 7.5 15 Miles Durham County, North Carolina rl inch=15 miles Rb Yarbrough Customs Q 9i 9� oaPa �o ea .dyeRtl P nv G Redwood Ruritan Club Plainview Baptist ChurchQ a 1z r 0 y Redwood Body Shop Q aQ,a pam do �e�v o0 4 A Q EL IMPERIAL PLAZA DE TOROS e° er c; Triangle Driveshah Services V '.p The Hentaye o law Legend C 0 Proposed Easement CI eas 14-Digit-HU-03020201050010 N Date: 8/28/2019 Figure 2 - Project Vicinity Drawn by: HKHAIIIW 0 500 res s� 1,000 Bucher Mitigation Project Checked by: JRM Durham County, North Carolina 1 inch = 1,000 feet Feet U I1�ix � � . • * eG'' m U�ro Ik i gU7 B p WE eGe �J Ws f� ++ yF S r' Ws ` { ' � Pettys Lake c WC �•z.^�F 03 . i Y3 :. Ya: • �� yt: � f. �3r WA,: x i4 t• WA WA To - f Legend i_ i ,�`�. !+ ► w 4 1 Z fir. •.�. . Proposed Easement z'' = -• Existing Pond ® Existing Wetland, tik �" �k• T---T Powerline Stream Determination `• 'a. `'"' M Intermittent ,• '' Perennial N Date: 8/28/2019 Figure 3 - Existing Conditions w e Drawn by: HKH re s Bucher Mitigation Project ' s Checked by: JRM 0 400 800 Durham County, North Carolina 1 inch =800 feet Feet I W It zip � lu ;� 1972 ilm x5 r r• Legend Proposed Easement - Phase I Proposed Easement - Phase 11 0 Sediment Control Measure Stream Mitigation Approach Restoration (1:1) Enhancement 1 (1.5:1) Enhancement 11 (2.5:1) Enhancement 11 (3.5:1) Preservation (10:1) No -Credit --. Phase 1 Proposed Reach Mitigation Type Proposed Length Mitigation Patio Base SMUs (LF) BU1 Reservation 338 10:1 33.800 BL12 Restoration 1,729 1:1 1,729.000 �j. BU3 Restoration 734 1:1 734.000 BU4 BU6 Restoration Restoration 766 463 1:1 1:1 766.000 463.000 BU6 Reservation 513 101 51.300 wBU7 Reservation 415 10:1 41.500 BU8 W Credit 157 - - BU9 Restoration 345 1:1 345.000 BU9 Restoration 334 1:1 334.000 BU10 Enhancement 1 177 1 1.5:1 118.000 BU11 Enhancement 1 436 1.51 290.667 CH1 Enhancement 1 829 1.51 552.667 CH2 Reservation 272 10:1 27.200 e CH3 Reservation 130 10:1 13.000 !•}' CNa CH3 W Credit 316 - - r. t _ CH3 CH4 CH6 CH7 Reservation W Credit Enhancement 1 W Credit 256 316 357 144 101 - 1.51 25.600 - 238.000 0.000 _ CH8 Restoration 145 1:1 145.000 •,� CH8 Restoration 1,915 1:1 1,915.000 'S# - MB1 Restoration 1,638 1:1 1,638.000 r MB2 Reservation 131 10:1 13.100 ,a� • MB2 MB3-A Restoration Enhancement 11 282 1:1 616 3.51 282.000 176.000 MB3-B Enhancement 11 1,419 2.5:1 567.600 _ .. MB3-C W Credit 1,084 - - .g,-,�:r • • �J"t �`- - - MB4 MB5 Reservation 1,164 10:1 Enhancement 1 207 1.51 Total 17,628 Credit Loss in Required Buffer, Credit Gain for Additional Bufferl Total Adjusted SMUs 116.400 138.000 10,753.833 -573.750 1,524.590 1 11,704.673 Phase 2 - - 'y L Proposed Reach Mitigation Type ProposedMitigation Length Ratio (LF) Base SMUs Y.. •; CH2 Reservation 585 101 58.500 CH3 Reservation 141 101 14.100 Total 726 72.600 Credit Loss in Required Buffer -7.103 Credit Gain for Additional Buffer 7.292 Total Adjusted SMUs 1 72.789 N Figure 6 -Concept Design Plan Date: 8/22/2019 w e Drawn by: MDE s Bucher Mitigation Project Checked by: BRC 350 700 EQ;;;;;zQ Durham County, North Carolina 1 inch =700feet fires DWR Riparian Buffer Crediting Areas Non -Standard Buffer Width Credit Areas fires 0 400 800 Feet Figure 7 - Buffer Zones Bucher Mitigation Site Durham County, North Carolina Date: 8/29/2019 1 Drawn by: MDE Checked by: KAW I 1 in = 800 feet Legend Proposed Easement Proposed Stream Channel ;f* *rNO - NSBW Credit Area (51-150') Restoration (0-50') ® Restoration in Pond Botom (0- 50') Preservation (0- 50') ® Restoration (151- * For Reference Only 200') Restoration in Pond Bottom (151-200') arR�■M■■ �titi"a� :"�1�•�iI1 �i�1 ♦fit .!ie�A -1 i • - P'�C:F � yt' Aft :;�,..- "`;��� rya }... y• 04 *. 4 99, 1 IL ► ��, r' .�` 'f-,::t�r' '; ,�.. 1, ^ �'� .x �. A. .� NT , c L) N, .��-� r'�=�:... ,� •�.� �r e. Y ,� ••r, . °tires. _��FF t Ati r Riparian Buffer Mitigation Legend Riparian Zone Mitigation Type Existing Area Used Area° Ratio % Full Credit Mitigation Assets Restoration }.:. 226,767 ft' 226,767 ft' 226,767.000 ft' Proposed Easement r witBottom)n Pnd (5.21 ac) (5.21 ac) 00% (5.21 ac) -Restoration 1,989 ft' 1,989 ft' 1:1 100% 1,989.000 ft' Proposed Top of Bank (0.05ac) (0.05ac) (0.05ac) 030 Presentation on Stream Credit for Additional Buffer (51-150') Non -subject 79,071ft' 79,07,ft' S:1 00% 15,814.200ft' Streams (1.82 ac) (1.82 ac) (0.36 ac) Mitigation Approach Presentation on 1,043,250ft' 6,911ft' 10:1 100% 691.067ft' Restoration (0-50') Subject Streams (23.95 ac) (0.16 ac) (0.02 ac) Restoration 21,699 ft' 21,699 ft' 7,(60.67 (within Pond 33% 0 ft' ® Restoration in Pond Botom (0-50') Bottom) (0.50 ac) (0.50 ac) 0.16 ac) 151-200' Restoration 7.490 ft' 7,490 ft' :1 33°h 2,471.700 ft' Preservation Non -Subject (0-50') (0.17 ac) (0.17 ac) (0.06 ac) Preservation - Subject (0-50') Total Restoration 257,9458= 257,945 ft= 238,388.3708= (5.92 ac) (5.92 ac) (5.47 ac)* Restoration (151-200') Total Preservation' 1,122,321ft= se,sszft= 16,505.267ft= (25.76 ac) (1.97 ac) (0.38 ac)* Restoration in Pond Bottom (151-200') 'Includes ratios and credit reductions ° According to 15A NCAC 028 .0295 (o) (4) and (5), 'the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation Figure 8 - Conceptual Design Plan Date: 8/29/2019 w E for Riparian Buffer Bank - Drawn by: MDE res s Bucher Mitigation Project Checked by: JRM 0 400 800 Feet Durham County, North Carolina finch =800 feet Durham County Soil Survey (1976) Cc WsC.. C r!3 Lieek CrC f 1rB VrSC WsG_ cc Ca~ � _� •�' � 1 WsC l WsB WSC J I Ali WSS j, - 'S t t ' f L' P— rl WsB Ws lit Crc f Rcbersons - i# r � T. . Church ' C , Cr ftin View f6...� Cr Church � ._,...t- a- OM MOM NRCS Web Soil Survey (2019) WsE WsE fires N W E s 0 500 1.000 Feet Figure 9 - Mapped Soils Bucher Mitigation Project Durham County, North Carolina Date: 8/29/2019 Drawn by: HKH Checked by: JRM 1 in = 1,000 feet L Legend Cr Proposed Easement Hydric (100%) WnrB Predominantly Hydric (66-99%) Cr6 Predominantly Hydric (33-65%) Predominantly Nonhydric (1-32%) Nonhydric (0%) WsB Map Unit Map Unit Name Symbol Cc Cartecayand Chewacla soils, 0-2% slopes, frequently flooded IrC Iredell loam, 6-10% slopes Wn Wehadkee silt loam, 0-2% slopes, frequently flooded WsB White Store sandy loam, 2-6% slopes WSC White Store sandy loam, 6-10% slopes WsE White Store sandy loam, 10-25% slopes •��'r:r iwi Kirlj•�� �7.W PFO1A r*' - PUBHhw PUBHh ti n 1 w, ya PUBH �._ 1 Y _•� �� r' I y� ..PUBHh .. �.G F'}� T �+SL. M1-1'i'�lA �. �.. q.2,.�, ., '✓� 10 J�`�,o� �...` AA PUBHh � ' _ ' f•i "�• ':tip :� PUBHh ��! ►, k¢I i F if a. PUBHh e t PUBHh .. 4 .. `�` - «k' PUBHh PUBHh ; PUBHh ' r �. F PUBHh ' PUBHO �,. r , ram' ti PUBHh PUBHh _ F • AM PUBHh Legend Proposed Easement � . - � � � ;� , �* • ` PUBHh s ® NW Wetland (USFWS 10/29/2018)k�' N Date: 8/29/2019 Figure 10 - National Wetlands Inventory w __ e Drawn by: HKH res Bucher Mitigation Project s Checked by: JRM 0 400 800 Durham County, North Carolina 1 inch = 800 feet Feet '� ,.ter _ 1•� i � , i - � • � y p; R pp 39i0085300�K ,�, -: • •!4 �•: 863OOK ff. °I01'19120'18 "i. : e 1'1+91�0'I8 �. .} A OF -MI IMRL. FLOOD oneX A. d lux - Rn - _ $ PANEL y. ,�, i d PANELt z-• �• . 3n,20085 fF: '101'191�0'18 ilk • ,��'� _ ,, ;,ice,• .� �'. Legend r Proposed Easement ' t. Zone AE - Zone Future Conditions 1%oAnnual Chance Flood Hazard;- . i �... •,;. - .2% Chance Annual Flood (NONE) _• ► v;- { Regulatory Floodway (NONE) -� N Date: 8/29/2019 Figure 11 - FEMA Flood Mapping w e Drawn by: HKH s Bucher Mitigation Project rps n 0 400 800 Checked by: JRM Durham County, North Carolina 1 inch =800 feet Feet Legend Proposed Easement - Phase I Proposed Easement - Phase 11 Zone 1 - Piedmont Headwater Forest (14.54 ac) Zone 2 - Piedmont Alluvial Forest (8.91 ac) Proposed Stream N wE s 0 400 800 Planting Zone 1- Piedmont Bottom land/Headwater Forest Species Common Name Wetland Indicator Spacing (ft) Unit Type % of Total? Compos P/atanusoccidentalis Sycamore FACW 9x6 Bare root 15 Cephalanthusoccidentalisc Buttonbush OBL 9x6 Bare root 15 Celtislaevigata Sugarberry FACW 9x6 Bare root 15 Betula nigra River birch FACW 9x6 Bare root 15 Quercus michauxii lSwamp chestnut oak FACW 9x6 Bare root 15 Quercus lyrata Overcup oak OBL 9x6 Bare root 15 Nyssa biflora Swamp tupelo FACW 9x6 Bare root 10 Planting Zone 2- Piedmont Alluvial Forest Species Common Name Wetland Indicator Spacing (ft) Unit Type % of Total: Compos Liriodendron tulipitera Tulip poplar FACU 9x6 Bare root 15 Platanusoccidentalis Sycamore FACW 9x6 Bare root 15 Celtislaevigata Sugarberry FACW 9x6 Bare root 15 Quercus phellos Willow oak FAC 9x6 Bare root 15 Quercus nigra Water oak FAC I 9x6 Bare root 10 Quercus alba White oak FACU 9x6 Bare root 10 Diospyros virginiana Persimmon FAC 9x6 Bare root 10 Asimina triloba Paw Paw FAC 9x6 Bare root 10 Figure 12 - Planting Plan Bucher Mitigation Project Drawn by: MDE Checked by: JRM Date: 8/28/2019 )res Durham County, North Carolina 1 1 inch =800 feet A. ,re.5, vi. Ali Ln �.�!^'yes � �� � s�} r •-;,� '��. :' s F �' e�3 .� ��•' i Uj�y� '...r '�'i, - _ �. ;;� Feet Ay PW ► Figure 13 - Monitoring Plan }� r 4F :'?ti m Ir Bucher N ;sJ'' v:,:;'`';,. L.'' `'� :, Y"� k;c_,x > •t:} 5C F,1 �. ,.' Mitigation Project - �, Qi � .pi •3-I�":� ,v,yf iy .0 —�. jt� r Durham County, North Carolina �. � 7" � �� `±,fie` _ -y �.' • �:,, �j y'<- a.- • ,�?, �;., x �:. � � ,` -Y .: ..�. Y� • '4 — ' �7f4•'•'� L : ..i �. 7'•.0 wi,r.y, ,y Cr• +-• -��' -•+•• -.w - - + i i!i +► . I . i , t Date: 11/14/2019 Drawn b MDE .. J. Checked by: JRM 1 in = 500 feet �: gU1 --'i'.",,;;, r '�.. +rs�„r _ � � _ .J'i� n •-� ;�,ar �.. ,• c � J fv > ' +" •+ is .c,�+,' � �'. i' _ ,_�: :� ... .. .. { � r :1 .:•r a �r Legend rr? ,. Proposed Easement t 60. yC� - Proposed Top of Bank NN"'� id , Zone 1 Piedmont A Y �' G�4i . i�4•:'.' .� _ a` d ,"� ' ',Mii.` `i: q .�.k- .;� r.RA Headwater Forest (14.54 ac) -.:1 • 5.: �: ; k, .. .`Y e��i cy�'�; :Ar�r :�r3 t. . p � iti'rs�'vR � � l.. �' �.. � R 'Ire►-': � _ � - ' 'e. Zone 2 - Piedmont Alluvial P �� 41. r �GJ � t _ a r }�' ' ,�. L' �.'- ` �w , i . z :• Forest (8.91 ac) � c . � ; ; Vegetation Plots * Both (Buffer and Stream) s } r ` " y,' ,+ �Y; ,.. 0 = Stream a �# W� v J" ? �:';�`• ,',.. Stream (Random) +! rt "'� Buffer Mitigation Approach °F Restoration (0-50') "'t. N'• '' �� Restoration in Pond Bottom (0-50') Preservation Non -Subject 7.. sI .t "� a• (0-50') r• - � � 1 � ' �� .z� �:::�� ;� ",• }� Preservation Subject (0-50') �. `•� ® Restoration (151-200') �'.. Restoration in Pond Bottom Ad r' ► x Note: There will be a total of 19 vegetation plots, _ _ ti -,► s .r 8 plots are for DWR buffer monitoring and stream monitoring f ` .JK , purposes, and 12 will be only for stream monitoring (6 of these will be random). Vegetation plot locations are all proposed locations. r +k 4�' " fir.. .' fM Fixed digital image locations will occur at vegetation plot APPENDICES Appendix A NCDWR Stream Determination Letter and Mitigation Viability Letter y. Water Resources ENVIRONMENTAL QUALITY. March 20, 2018 EBX-Neuse I, LLC 412 N. 4th St., Suite 300 Baton Rouge, LA 70802 Cheek, LLC 5216 Yates Mill Pond Rd. Raleigh, NC 27606 Sandra I{. Brogden; - 3504 Redwood Rd: Durham, NC 27704 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CU'LPEPPER Interim Director Subject: Buffer Determination Letter RRO #18-032, Durham County Determination Type: Buffer Intermittent/Perennial ❑ Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ® Intermittent/Perennial. Determination (where local buffer ordinances apply) ❑ Jordan (.15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Bucher Mitigation Site Address/Location: 3132 N. Redwood Rd..Durham, NC Stream(s): Rocky Branch, Falls Lake Determination Date: 03/.19/2018 Staff: Rick Trone Division of Water Resources; Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org;webhvq/aps 1628 Mail Service Center, Raleigh; NC 27699-1628 Phone: (91.9) 791-4200 Location: 3800 Barrett Drive, Raleigh,,NC 27609 Fax: (919)'788-7159 Feature /P* Not Subject Subject Start a ' Stop a Soil USGS SurveyTop o. BU 1 I FIP X 36.02887 Pond 1 X -78.79414 BU 6 X Pond 1 Throughout Project X X Area BU 8 I X 36.03506 BU 6 -78.79057 BU10-A I X 36.03403 BU 6 -78.78976 BU10-B E X Throu bout Project Area BU 11 I X 36.03572 36.03508 -78.78915 -78.78853 BU 12 I X Culvert @ X X: 36.031433 Pond 1 -79.796422 CH 1 P X Outside Project CH 3 X Area CH 2 P X 36.02744 CH 3 X X -78.78.880 CH 3. P X Throu hout Proect Area X X CH 4 I X 36.02898 36.02909 -78.78496 -78.78632 CH 7 1 X 36.03172 CH 3 -78.78701 CH 9 I 36.02968 36.03026 X -78:78957 -78.78922 X 36.03034 CH 3 -78.78897 MB 2 I X 36.03811 BU 6 X -78.78683 MB 3 P X Throughout Project Area X X MB 4 I X Throughout Project Area X X MB 5 I X 36.03987 BU 6 -78.78466 Pond 1 X Throughout X X *E111P = Ephemeral/Intermittent/Perennial. Feature origins above are where stream begins or was found to at least be intermittent. Explanation: The featuresW listed above has been located on the most recent published NRCS Soil Survey of . Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined to not be at least intermittent or is not present. Streams that are checked "Subject" have been located on the :property and possess characteristics that qualify it to be at least an intermittent stream. There may be other features located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of 'Engineers. 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•DVVR may, request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred 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 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit, 512 N. Salisbury Street, Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this dete ination, please feel free to contact Rick Trone at (919) 791-4257, or by ema' t rick.trone@ncdenr.gov S' cerely Danny Smit Supervisor, ater Quality Regional Operations Center cc: RRO DWR File Copy Daniel Ingram, RES (via laserfiche hyperlink) Bucher Mitigation Site Durham County, NC-DWR Project # 18-032 M65POT *04 W M B fr BU 11 BU 6 *' BU 6 BU 8 LA j 1, MB 4 F Pond 1 ppr', I BU 12 �1 'ryes. CH 3 - W S B , , mow'" Wes•., a ! r VV � F CH 7 BU 10A � .- CH 4 BU 10B s` CH 9' t 5 C we- DU JL CH s CrS . CH 2 NRCS Soil Survey Sheet 19 srn Durham Co, NC 1976 Locations are approximate and are Project Boundary � ,� � -� provided for reference only Approximate locations of unmapped features •��; Bucher Mitigation Site Durham County, NC-DWR Project # 18-032 USGS Topographical Map Northeast Durham Quadrangle 2016 Irs" &k -41T. -A" r,� Locations are approximate and are Project Boundary Approximate locations provided for reference only of unmapped features i 1 - At s, t s Legend c. 4 e ir, ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director July 31, 2018 Daniel Ingram Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 (via electronic mail: din ram(ares.us ) Re: Site Viability for Buffer Mitigation & Nutrient Offset - Bucher Mitigation Site Located at Pettys Lake near 36.033927,-78.794822 Ne 03020201/ Upper Falls Lake WS r am unty Dear Mr. Ingram, On January 16, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request from Resource Environmental Solutions, LLC (RES) for a site viability assessment near the above -mentioned site in the Upper Falls Lake Watershed of the Neuse River Basin. The request was to determine the potential for riparian buffer mitigation and nutrient offset. Multiple staff with DWR have visited the site. Therefore, Ms. Merritt is able to perform the site viability assessment based on supplemental documentation provided by both DWR staff and RES without performing a physical site visit. The attached map labeled "Bucher Mitigation Site" accurately depicts the features in their current condition and is used for this assessment. Also provided with this letter is a figure labeled "Figure 10 - Conceptual Map" which depicts where RES anticipates performing stream restoration and enhancement as part of a stream mitigation bank. This site assessment is conducted on the basis that RES restores stream channels through Pettys Lake. Ms. Merritt's evaluation of the features shown in the map labeled "Buffer Mitigation Site" and their associated mitigation determination for the riparian ar as are provided in the table below. This evaluation was made from Top of Bank (TOBTandward 440200' 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 CAMUNA� Q1� Uepf�hnmt nl F1wYdYnM1W pW11y� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 Bucher Resource Environmental Solutions, LLC July 31, 2018 Feature Classification 'Subject n site to Riparian Land uses Buffer adjacent to Feature Credi I ZNutrient 0 se Mitigation Type Determination wJin riparian areas Buffer 0-200' Viable Viable Rule 2,273 is r BU1 Stream Yes Combination of Yes3 No Forested areas - Preservation Site per 15A Ends at forested and non- NCAC 02B .0295 (o)(5) pond forested areas bank Non -forested areas - Restoration Site per No 15A NCAC 02B .0295 (n) BU6 Stream Yes Mature natural forest Yes3 Preservation Site per 15A NCAC 02B .0295 No [o'(5 Preservation Site per 15A NCAC 02B .0295 BU8 Stream No Mature natural forest Yes3 (o)(4) BU10-A Stream No Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (o)(4) BU10-B Ephemeral No Mature natural forest Yes3,4 No Preservation Site per 15A NCAC 02B .0295 (o)(7) Must meet additional requirements under 15A NCAC 02B.0295 (o)(7) to be viable for buffer mitigation. BU11 Stream No Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (o)(4) BU12 Stream Yes Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (o)(5) CHI Stream Yes Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (0)(5) CH2 Stream Yes Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (o)(5) CH3 Stream Yes Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (o)(5) CH4 Stream No Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (o)(4) CH7 Stream No Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 Yes (o)(4) CH9 Stream Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (0)(5) MB2 Stream Yes Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (0)(5) MB3 Stream Yes p Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 1. (0)(5) MB4 Stream Yes Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (0)(5) MBS Stream No Mature natural forest Yes3 No Preservation Site per 15A NCAC 02B .0295 (o)(4) Page 214 Bucher Resource Environmental Solutions, LLC July 31, 2018 Feature classification t ub'ect on site LO Buffer Rule Pond 1 1 In -line pond Petty's (proposed to Lake Be breached & restored into streams) Yes Riparian Land uses Buffer I ZNutrient adjacent to Feature Credi Offset 0-2 0' Viable Viable at 2.273 Pond perimeter is mostly non -forested with some forested areas No Yes3 I Mitigation Type Determination w/in riparian areas Non -Forested areas - Restoration Site per 15A NCAC 02B .0295 (n) Forested areas - Preservation per 15A NCAC 02B .0295 (o)(5) If stream channel/s are restored through the pond, the new riparian areas will be viable as a Restoration Site per 15A NCAC 02B .0295 (n) and viable for buffer mitigation 'Subjectivity calls for the features were determined by DWR in correspondence dated March 20, 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 2 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. 4The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). The long-term presence of a lake will likely create unstable banks and riparian zones where streams are restored through the relic lake/pond bottom. As part of this assessment, DWR encourages RES to consider major stabilization efforts and to establish substantial herbaceous vegetation in riparian areas adjacent to new streams that are constructed in the pond as part of the stream restoration. This letter should be provided in any future 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 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 riparian 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. Supporting calculations and sufficient detail to support estimates of load reductione�or ah Y � must be provided to DWR for review to determine viability for nutrient offset in accordance "U �I`'` _s with 15A NCAC 02B .0240. For any areas generating wetland mitigation credit, no buffer or nutrient offset credit can be generated. Page 314 Bucher Resource Environmental Solutions, LLC July 31, 2018 This viability assessment will expire on July 31, 2020 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-707-3637 if you have any questions regarding this correspondence. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/km Attachments: Map of Bucher Mitigation Site, Figure 10-Conceptual Map cc: File Copy (Katie Merritt) Page 414 !i. ' i •. L�� •' i ifs �. '�.�Y ,' x- r 1�NA.7 ,yam � 77���rr .`ti "�.r •c.�n, Y it- F. Ir fop t� 4 aU7 t � t. J'� l• • !' r r 8V� � � ��. Vim' S I•, . � r F •*-•L� I N weam iti Mpion ^r'� i �' Proposed Reads Ornnne'dT R arise , ca S r f � — ,M1 � t — Restoration Enhancement ~ • _ `x i Enhancement If be Preservation Ephemeral C ■ QProposed Easement 4 7' Powerline Easement Figure 10- Conceptual Map D ate: 518120 . • r�t D rawnh y,)�res o - Bucher Mitigation Site Durham County, North Carolin `� Appendix B. Conservation Easement Template This appendix will be updated once the easement deeds and plats become available. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of , 201_ by and between_ ("Grantor") and ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a charitable, not -for -profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a) — (d) listed below; (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: add or delete as appropriate: wetlands, streams, and riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately _acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI) and Mitigation Plan for the _ Army (DA) Action ID Number SAW - the Mitigation Bank in the Mitigation Bank, Department of the entitled "Agreement to Establish River Basin within the State of North Carolina", to be made and entered into by and between acting as the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review Team (IRT). The Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the Riparian Buffer and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water Resources (NCDWR) Project ID# , which was approved by the NCDWR, and will be made and entered into by and between , acting as the Bank Sponsor, and the NCDWR. The Riparian Buffer and Nutrient Offset Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third - Parties"), and may be exercised through the appropriate enforcement agencies of the United States and the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NC DWR Project ID# and the Department of the Army instrument number SAW - ("Mitigation Banking Instrument"), or any permit or certification issued by the Third - Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the Mitigation Plan and Bank Parcel Development Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once a year for no more than five consecutive years from the date on page 1 of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by and shall not violate any part of Item L of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Easement Area, is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement activities as described in the Mitigation Plan and authorized by Department of the Army Nationwide Permit 27. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by the Enter Sponsor Name, the Grantee, its employees and agents, successors, assigns, NCDWR, and the Corps for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands and riparian areas within the Conservation Easement Area.. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas within the Conservation Easement Area in accordance with the approved Mitigation Plan, the Bank Parcel Development Package, and the two Mitigation Banking Instruments described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, Enter Sponsor Name, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee, the Corps, and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement.. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons._ B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding BPDP, and this Conservation Easement 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 void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. Grantor is responsible for all long-term management activities associated with fencing. These activities include the maintenance and/or replacement of fence structures to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, byjudicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: [Name, address and fax number] To Grantee: [Name, address and fax number] To Sponsor: To the Corns: US Army Corps of Engineers Wilmington District Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDEQ -DWR: NCDEQ— Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section of the Mitigation Plan,_prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. [Signatures of the Grantor and Grantee in appropriate form] Appendix C. Preliminary Jurisdictional Determination Submittal fires March 27, 2017 10055 Red Run Blvd. Ms. Samantha Dailey Suite 130 U.S. Army Corps of Engineers Owings Mills, MD 27 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 412 N. 4th St. Suite 300 Rouge, LA BatDear Ms. Samantha Dailey, 02 7008o Resource Environmental Solutions (RES) is pleased to present this Request for a Preliminary 100 Calhoun St. Jurisdictional Determination for the Bucher Mitigation Site located in Durham, Durham County, Suite 320 Charleston, SC North Carolina. As part of this scope of work, RES is submitting this request to the U.S. Army 29401 Corps of Engineers (Corps) for a confirmation of the limits of Waters of the U.S. on the subject site. Bozo Montrose Blvd. Suite 650 Houston, TX The purpose of the proposed Site is to generate compensatory mitigation credits for inclusion in 77006 the Neu -Con Umbrella Mitigation Bank in hydrologic unit 03020201 of the Neuse River Basin. 1200 Camellia Blvd. Suite 220 Delineation Information Lafayette, LA RES completed its delineation of potentially jurisdictional areas on this property on March 10, 70508 2017 in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual 1371/2 East Main St. methodology (Environmental Laboratory 1987), as well as the Regional Supplement to the Corps Suite 210 of Engineers Delineation Wetland Delineation Manual: Eastern Mountains and Piedmont Oak Hill, WV Region (Version 2.0). Flags were numbered and placed onsite to mark the limits of potentially 25901 Jurisdictional wetlands and other Waters of the U.S. Wetland flags were located using Global 33 Terminal Way Positioning System (GPS) technology with sub -meter accuracy and the streams were Suite 431 professionally surveyed. The approximate size and location of these areas are depicted on the Pittsburgh, PA attached Waters of the U.S. Delineation Map. 15219 302 Jefferson St. The current land use on -site is mostly forest with some residential and agricultural lands. The site Suite 110 contains Pettys Lake and eleven (11) unnamed tributaries that flow into Falls Lake about 0.5 Raleigh, NC 27605 miles downstream of the project area. Six (6) wetland areas were found on -site. Wetland A is a headwater wetland around a forked, ephemeral channel. Wetland B is a fringe wetland 1521 W. Main ds E d F surroundingPettys Lake. Wetland D is in a drainage above Pond B. And Wetlands anare � g ove on Floor Richmond, VA Ric hillside/floodplain wetlands fed by seeping groundwater from Pettys Lake and a pond off -site. 23220 Attachments for Reference - Jurisdictional Determination Request Form - Preliminary Jurisdictional Determination Form - Landowner Authorization Forms - Project Vicinity Map - Project Location Map (with topography) - National Wetlands Inventory Map - Aerial Imagery - Soils Map - Wetland Delineation Data Sheets - Waters of the U.S. Delineation Map RES respectfully requests that the Corps confirm this delineation of Waters of the U.S. on this property. I will contact you in the coming days to arrange a site visit for this purpose. Please contact me ((919) 741- 6268) if you have any additional questions regarding this matter. Sincerely, Ryan Medric Ecologist Attachments cc: Daniel IngramResource Environmental Solutions Matt DeAngelo Ecologist 1 2 Jurisdictional Determination Request Im US Army Corps of Ee9ineers Wilmington Dislnct This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on-line at; ht ://www.saw.usace.arm .mil/Missions/Re lator PermitPro ram.as x , by telephoning: 910-251-4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 29801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 2514610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 29403 General Number: 910-251-4633 Fax Number: (910) 251-4025 Version: December 2013 Page 1 Jurisdictional Determination Request INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E and F. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part G. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOTIUSACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: December 2013 Page 2 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: City, State: County: Directions: See Landowner Authorization Forms Parcel Index Number(s) (PIN): See Landowner Authorization Forms B. REQUESTOR INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address' Ryan Medric - Resource Environmental Solutions 302 Jefferson Street, Suite 110, Raleigh, NC 27605 919-741-6268 RMEDRIC@res.us Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address;: See Landowner Authorization Forms ❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) 1 If available 2 Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. See Landowner Authorization Forms Property Owner (please print) Date Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does include a delineation. ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does NOT include a delineation. I am requesting that the Corps investigate the property/project area for the presence or absence of WoUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). 4 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 F. ❑✓ Jurisdictional Determination Request ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. Size of Property or Project Area 91.20 acres �r1 I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: Completed and signed Preliminary Jurisdictional Determination I ormf'. -78.7868 �/ 36.0349Project Coordinates: Latitude Longitude Maps (no larger than l 1x17) with Project Boundary Overlay: F7Large and small scale maps that depict, at minimum: streets, intersections, towns ❑✓ Aerial Photography of the project area USGS Topographic Map ❑✓ Soil Survey Map ZOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 5 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: © Wetland Data Sheetss Tributaries: ❑ USACE Assessment Forms ❑ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken 0 Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and/or tributary assessment reaches ■ Locations of photo stations ■ Approximate acreage/linear footage of aquatic resources (2) Approved .IDs including Verification of Delineation: ❑ Project Coordinates: Latitude Longitude Maps (no larger than l Ix17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: http://www.usace.army.mifIMissions/CivilWorks/RegulatoryPropramandPermitslreg supp.aspx Wetland and Stream Assessment Methodologies can be found at: http://portal.ncdenr.orp/c/document library/get file?uuid=76f3c5gb-dah8-4960-ba43-45b7faf06f4c&groupld=38364 and, http://www.saw_usace.army.mi)/Portals/59/docs/regulatory/pubiicnotices/2013/NC5AM draft User Manual 130318.pdf 8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets Tributaries: ❑ USACE Assessment Forms ❑ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Forms)") ❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 7 I. Jurisdictional Determination Request REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard - copy submittals include at least one original Plat (to scale) that is no larger than 11 "x 17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11 "x 17", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL Must be sealed and signed by a licensed professional land surveyor Must be to scale (all maps must include both a graphic scale and a verbal scale) ❑ Must be legible Must include a North Arrow, Scale(s), Title, Property Information Must include a legible WoUS Delineation Table of distances and bearings/metes and bounds/GPS coordinates of all surveyed delineation points Must clearly depict surveyed property or project boundaries Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) When wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request ❑ When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OH W M) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries riMust include the location of wetland data points and/or tributary assessment reaches Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non - jurisdictional waters"). NOTE: An approved !D must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 page 9 jurisdictional Determination Request (2) CERTIFICATION LANGUAGE ❑ When the entire actual Jurisdictional Bounday is depicted: include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction maybe relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: ❑ When uplands maybe present within a_dep_icted Jurisdictional Boundary: include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: Version: December 2013 Page 10 Jurisdictional Determination Request (3) CPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as we)I as: be at sub -meter accuracy at each survey point. include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross-referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Ryan Medric - Resource Environmentai Solutions 302 Jefferson Street, Suite 110, Raleigh, NC 27605 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Durham City: Durham Center coordinates of site (lat/long in degree decimal format): Lat. 36,0349 °N; Long.-78.7868 Universal Transverse Mercator: NAD 1983 Name Of nearest waterbody: Falls Lake ow, Identify (estimate) amount of waters in the review area: Non -wetland waters: 15,360 linear feet: width (ft) and/or acres. Cowardin Class: R4 and R5 Stream Flow: Intermittent and Perennial Wetlands: 22.71 acres. Cowardin Class: PFO, PEM, POW Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the appli nt/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): or 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 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 approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that 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) that 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) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (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 preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, 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, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be"waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: 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. Signature and date of Regulatory Project Manager (REQUIRED) 4 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Waters_Name State Cowardin_Code HGM_Code Meas_Type Amount Units Waters —Type Latitude Longitude Local _Waterway BU1 NORTH CAROLINA R4 Linear 598 FOOT DELINEATE 36.0280991 -78.7947998 Falls Lake BU6 NORTH CAROLINA R5 Linear 1069 FOOT DELINEATE 36.0337982 -78.7934036 Falls Lake BU7 NORTH CAROLINA R5 Linear 682 FOOT DELINEATE 36.0345001 -78.7913971 Falls Lake BU8 NORTH CAROLINA R4 Linear 171 FOOT DELINEATE 36.0349998 -78.7906036 Falls Lake BU9 NORTH CAROLINA R5 Linear 817 FOOT DELINEATE 36.0344009 -78.7897034 Falls Lake BU10-A NORTH CAROLINA R4 Linear 214 FOOT DELINEATE 36.0340004 -78.7897034 Falls Lake BU11 NORTH CAROLINA R4 Linear 441 FOOT DELINEATE 36.0357018 -78.7891998 Falls Lake CH1 NORTH CAROLINA R5 Linear 820 FOOT DELINEATE 36.0275993 -78.7861023 Falls Lake CH2 NORTH CAROLINA R5 Linear 844 FOOT DELINEATE 36.0292015 -78.7873993 Falls Lake CH3 NORTH CAROLINA R5 Linear 930 FOOT DELINEATE 36.0292015 -78.7873993 Falls Lake CH4 NORTH CAROLINA R4 Linear 316 FOOT DELINEATE 36.0289993 -78.7869034 Falls Lake CH6 NORTH CAROLINA R5 Linear 570 FOOT DELINEATE 36.03129960 -78.78749850 Falls Lake CH7 NORTH CAROLINA R4 Linear 151 FOOT DELINEATE 36.03150180 -78.78649900 Falls Lake CH8 NORTH CAROLINA R5 Linear 1687 FOOT DELINEATE 36.03269960 -78.78749850 Falls Lake MB1 NORTH CAROLINA R5 Linear 1129 FOOT DELINEATE 36.03560 -78.78760 Falls Lake MB2 NORTH CAROLINA R4 Linear 403 FOOT DELINEATE 36.03810120 -78.78679660 Falls Lake MB3 NORTH CAROLINA R5 Linear 3174 FOOT DELINEATE 36.03779980 -78.78579710 Falls Lake MB4 NORTH CAROLINA R4 Linear 1174 FOOT DELINEATE 36.03590010 -78.78379820 Falls Lake M135 NORTH CAROLINA R4 Linear 213 FOOT DELINEATE 36.03990170 -78.78459930 Falls Lake Wetland A NORTH CAROLINA PFO Area 0.78 ACRE DELINEATE 36.02830120 -78.79389950 Falls Lake Wetland B NORTH CAROLINA PEM Area 2.87 ACRE DELINEATE 36.03110120 -78.79450230 Falls Lake Wetland E NORTH CAROLINA PEM Area 2.07 ACRE DELINEATE 36.03390120 -78.79299930 Falls Lake Wetland G NORTH CAROLINA PFO Area 0.21 ACRE DELINEATE 36.02899930 -78.78659820 Falls Lake Petty's Lake NORTH CAROLINA POW Area 12.24 ACRE DELINEATE 36.03200000 -78.79400000 Falls Lake Pond A NORTH CAROLINA POW Area 0.22 ACRE DELINEATE 36.02950000 -78.79330000 Falls Lake • D n t [s3 � � �• � � � a E w Q � � 1 a kr IZ PQ �a d W s � .•3 ❑ Q Lid � ❑ •�-, v •� a ny6 j �] �_ � G m Gn ` W C �}� � y z a s L a C a' rif C a c °II 0 0 R E r+ 7 m c a 6 = a o � c � gam Lz r 3 F" w.yr c 9 i � •` v 3� > v i u C E a � •y � � rJ ''1+ u � �. w C a0 n N E L 0 0 N L W E L 0) Q L 0 C J } - W 40 `u aV - • Sua4 '2 by9 41 yTaT i33AG�L G� ��a V� ��T ego• okra }fa a,pA4�F3 �7 m Q ° a a c C p p- ea Q Eli y �9 C s F w c a mm ce F� w Li E,! 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Jf rt rye •?'jf-� .'i. „ w P ;' t ¢. rw' s y i *•ta W Legen 7 *Proposed Easement i • 1^ _Non-Hydric Soil Soil with Hydric• Hydric Soil�.� ■ M Water CrC WsE 1R we WSC r `TT ' CrC ;r. r WsE Iry WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 07-Mar-17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-1 Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): concave Slope: 0.0% / 0.0 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0286982 Long.:-78.7938831 Datum: NAD83 Soil Map unit Name: White Store sandy loam NWI classification: PFO Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes O No O Hydric Soil Present? Yes O No O Is the Sampled Area Wetland Hydrology Present? Yes O' No O within a Wetland? Yes O No O Remarks: Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one reauired: check all that aooly) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) d❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑d Drainage Patterns (B10) d❑ Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes O No O Depth (inches): Water Table Present? Yes O No O Depth (inches): _ 12 Yes O No O Saturation Present? Yes No O Wetland Hydrology Depth (inches): 0 Present? includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: DP-1 Tree Stratum (Plot size: 30 ) 1. Acer rubrum 2. Carpinus caroliniana 3. Pinus taeda 4. 5. 6. 7. 8. Sapling-Sapling/Shrub Stratum (Plot size: 15 ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. Herb Stratum (Plot size: 5 ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Woody Vine Stratum (Plot size: 30 ) 1. Smilax laurifolia 2. 3. _ 4. _ 5. _ 6. Absolute Rel.Strat. Indicator % Cover Cover Status 50❑ 100.09/6 FAC 0 ❑ 0.09/6 FAC 0 ❑ 0.09/6 FAC 0 ❑ 0.0% 0 ❑ 0.0% _! 0 ❑ 0.0% 0 ❑ 0.0% _ _ 0 ❑ 0.0% 50 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 0 0 0 0 0 20 ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% = Total Cover ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% = Total Cover ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ o.o% ❑ 0.0% ❑ o.o% ❑ o.o% ❑ 0.0% ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ ❑ o.o% _ = Total Cover d❑ 100.09/6 OBL ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ = Total Cover Dominance Test worksheet: Number of Dominant Species That are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 20 x 1 = 20 FACW species 0 x 2 = 0 FAC species 50 x 3 = 150 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 70 (A) 170 (B) Prevalence Index = B/A = 2.429 Hydrophytic Vegetation Indicators: ❑ Rapid Test for Hydrophytic Vegetation d❑ Dominance Test is > 50% d❑ Prevalence Index is <_3.0 1 ❑ Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet) ❑ Problematic Hydrophytic Vegetation 1 (Explain) 1 Indicators of hydric soil and wetland hydrology must be present unless disturbed or problematic. Definition of Vegetation Strata: Four Vegetation Strata: Tree stratum - Consists of woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub stratum - Consists of woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb stratum - Consists of all herbaceous (non -woody) plants, regardless of size, and all other plants less than 3.28 ft tall. Woody vines - Consists of all woody vines greater than 3.28 ft in height. Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling stratum - Consists of woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb stratum - Consists of all herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 m) in height. Woody vines - Consists of all woody vines, regardless of height. Hydrophytic Vegetation Present? Yes 0 No ❑ *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: DP-1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches)_ Color (moist) % Color (moist) % Type 1 Locz —Texture 0-12 2.SY 6/1 55 7.5YR 5/8 45 C M Sandy Clay Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains Hydric Soil Indicators: ❑ Histosol (Al) ❑ Histic Epipedon (A2) ❑ Black Histic (A3) ❑ Hydrogen Sulfide (A4) ❑ Stratified Layers (A5) ❑ 2 cm Muck (A10) (LRR N) ❑ Depleted Below Dark Surface (All) ❑ Thick Dark Surface (Al2) ❑ Sandy Muck Mineral (Sl) (LRR N, MLRA 147, 148) ❑ Sandy Gleyed Matrix (S4) ❑ Sandy Redox (S5) ❑ Stripped Matrix (S6) zLocation: PL=Pore Lining. M=Matrix ❑ Dark Surface (S7) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) ❑ Thin Dark Surface (S9) (MLRA 147, 148) ❑ Loamy Gleyed Matrix (F2) 0 Depleted Matrix (F3) ❑ Redox Dark Surface (F6) ❑ Depleted Dark Surface (F7) ❑ Redox Depressions (F8) ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 136) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Piedmont Floodplain Soils (1`19) (MLRA 148) ❑ Red Parent Material (F21) (MLRA 127, 147) Remarks Indicators for Problematic Hydric Soils3: ❑ 2 cm Muck (A10) (MLRA 147) ❑ Coast Prairie Redox (A16) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) (MLRA 136, 147) ❑ Very Shallow Dark Surface (TF12) ❑ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes 0 No ❑ Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 07-Mar-17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-2 Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0287756 Long.:-78.7936717 Datum: NAD83 Soil Map unit Name: White Store sandy loam NWI classification: Upland Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes O No O Hydric Soil Present? Yes O No O Is the Sampled Area Wetland Hydrology Present? Yes O No within a Wetland? Yes O No O Remarks: Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one reauired: check all that aooly) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) ❑ FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes O No O Depth (inches): Water Table Present? Yes O No O _ Depth (inches): Yes O No Saturation Present? Yes O No 0 Wetland Hydrology Depth (inches): Present? includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: DP-2 Tree Stratum (Plot size: 30 ) 1. Pinus taeda 2. Liguidambar styraciflua 3. Acer rubrum 4. 5. 6. 7. 8. Sapling-Sapling/Shrub 1. Stratum (Plot size: 15 ) 2. 3. 4. 5. 6. 7. 8. 9. 10. Shrub Stratum 1. (Plot size: ) 2. 3. 4. 5. 6. 7. Herb Stratum 1. (Plot size: 5 ) 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5. 6. _ _ _ Absolute Rel.Strat. Indicator % Cover Cover Status 70❑ 73.79/6 FAC 20 d❑ 21.19/6 FAC 5 ❑ 5.3% FAC 0 ❑ 0.0% 0 ❑ 0.0% _! 0 ❑ 0.0% 0 ❑ 0.0% _ _ 0 ❑ 0.0% 95 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% = Total Cover ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% = Total Cover ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ o.o% ❑ 0.0% ❑ o.o% ❑ o.o% ❑ 0.0% ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ ❑ o.o% _ = Total Cover ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ = Total Cover Dominance Test worksheet: Number of Dominant Species That are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 95 x 3 = 285 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 95 (A) 285 (B) Prevalence Index = B/A = 3.000 Hydrophytic Vegetation Indicators: ❑ Rapid Test for Hydrophytic Vegetation d❑ Dominance Test is > 50% d❑ Prevalence Index is <_3.0 1 ❑ Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet) ❑ Problematic Hydrophytic Vegetation 1 (Explain) 1 Indicators of hydric soil and wetland hydrology must be present unless disturbed or problematic. Definition of Vegetation Strata: Four Vegetation Strata: Tree stratum - Consists of woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub stratum - Consists of woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb stratum - Consists of all herbaceous (non -woody) plants, regardless of size, and all other plants less than 3.28 ft tall. Woody vines - Consists of all woody vines greater than 3.28 ft in height. Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling stratum - Consists of woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb stratum - Consists of all herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 m) in height. Woody vines - Consists of all woody vines, regardless of height. Hydrophytic Vegetation Present? Yes 0 No ❑ *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: DP-2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Locz `Texture 0-8 10YR 4/3 75 10YR 4/4 25 C M Sandy Loam 8-12 10YR 7/4 75 10YR 5/6 25 C M Sandy Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains Hydric Soil Indicators: zLocation: PL=Pore Lining. M=Matrix ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) ❑ Black Histic (A3) ❑ Thin Dark Surface (S9) (MLRA 147, 148) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Stratified Layers (A5) ❑ Depleted Matrix (F3) ❑ 2 cm Muck (A10) (LRR N) ❑ Redox Dark Surface (F6) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 148) ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) Remarks Indicators for Problematic Hydric Soils3: ❑ 2 cm Muck (A10) (MLRA 147) ❑ Coast Prairie Redox (A16) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) (MLRA 136, 147) ❑ Very Shallow Dark Surface (TF12) ❑ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes ❑ No Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 09-Mar-17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-3 Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0393744 Long.:-78.7823988 Datum: NAD83 Soil Map unit Name: Cartecay and Chewacla soils NWI classification: Upland Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes O No O Hydric Soil Present? Yes O No O Is the Sampled Area Wetland Hydrology Present? Yes O No within a Wetland? Yes O No O Remarks: Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one reauired: check all that aooly) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) ❑ FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes O No O Depth (inches): Water Table Present? Yes O No O _ Depth (inches): Yes O No Saturation Present? Yes O No 0 Wetland Hydrology Depth (inches): Present? includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: DP-3 Tree Stratum (Plot size: 30 ) 1 , Liguidambar styraciflua 2. Ulmus alata 3. Platanus occidentalis 4. Pinus taeda 5. 6. 7. 8. Sapling-Sapling/Shrub Stratum (Plot size: 15 ) 1. Carpinus caroliniana 2. 3. 4. 5. 6. 7. 8. 9. 10. Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. Herb Stratum (Plot size: 5 ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. _ 4. _ 5. _ 6. Absolute Rel.Strat. Indicator % Cover Cover Status 20❑ 40.09/6 FAC 15 d❑ 30.09/6 FACU 10❑ 20.09/6 FACW 5 ❑ 10.09/6 FAC 0 ❑ 0.00/0 _! 0 ❑ 0.0% 0 ❑ 0.0% _ _ 0 ❑ 0.0% 50 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) 5 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d❑ 100.0% FAC ❑ 0.0% ❑ 0.0% ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% = Total Cover ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ 0.0% = Total Cover ❑ 0.0% ❑ 0.0% ❑ 0.0% ❑ o.o% ❑ 0.0% ❑ o.o% ❑ o.o% ❑ 0.0% ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ ❑ o.o% _ = Total Cover ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ = Total Cover Dominance Test worksheet: Number of Dominant Species That are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 4 (B) Percent of dominant Species That Are OBL, FACW, or FAC: 75.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 10 x 2 = 20 FAC species 30 x 3 = 90 FACU species 15 x 4 = 60 UPL species 0 x 5 = 0 Column Totals: 55 (A) 170 (B) Prevalence Index = B/A = 3.091 Hydrophytic Vegetation Indicators: ❑ Rapid Test for Hydrophytic Vegetation d❑ Dominance Test is > 50% ❑ Prevalence Index is <_3.0 1 ❑ Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet) ❑ Problematic Hydrophytic Vegetation 1 (Explain) 1 Indicators of hydric soil and wetland hydrology must be present unless disturbed or problematic. Definition of Vegetation Strata: Four Vegetation Strata: Tree stratum - Consists of woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub stratum - Consists of woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb stratum - Consists of all herbaceous (non -woody) plants, regardless of size, and all other plants less than 3.28 ft tall. Woody vines - Consists of all woody vines greater than 3.28 ft in height. Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling stratum - Consists of woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb stratum - Consists of all herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 m) in height. Woody vines - Consists of all woody vines, regardless of height. Hydrophytic Vegetation Present? Yes 0 No ❑ *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: DP-3 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvne 1 Locz `Texture 0-2 2.SY 4/2 100 Sandy Loam 2-12 2.5Y 5/1 60 7.5YR 5/8 40 C M Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains Hydric Soil Indicators: zLocation: PL=Pore Lining. M=Matrix ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) ❑ Black Histic (A3) ❑ Thin Dark Surface (S9) (MLRA 147, 148) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Stratified Layers (A5) 0 Depleted Matrix (F3) ❑ 2 cm Muck (A10) (LRR N) ❑ Redox Dark Surface (F6) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 148) ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) Remarks Indicators for Problematic Hydric Soils3: ❑ 2 cm Muck (A10) (MLRA 147) ❑ Coast Prairie Redox (A16) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) (MLRA 136, 147) ❑ Very Shallow Dark Surface (TF12) ❑ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes 0 No ❑ Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 09-Mar-17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-4 Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0344481 Long.:-78.7920942 Datum: NAD83 Soil Map unit Name: White Store sandy loam NWI classification: PFO Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes O No O Hydric Soil Present? Yes O No O Is the Sampled Area Wetland Hydrology Present? Yes O' No O within a Wetland? Yes O No O Remarks: Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one reauired: check all that aooly) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) V Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) ❑ FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes O No O Depth (inches): Water Table Present? Yes O No O _ Depth (inches): Yes O No O Saturation Present? Yes * No O Wetland Hydrology Depth (inches): 0 Present? includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: DP-4 Absolute Rel.Strat. Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) % Cover Cover Status Number of Dominant Species 1 , Acer rubrum 50❑ 76.9% FAC That are OBL, FACW, or FAC: 5 (A) 2• Juniperus virginiana 15 d❑ 23.1% FACU El0.0o Total Number of Dominant 3 0 /o Species Across All Strata: 8 (B) 4• 0 ❑ o.o% 5 0 ❑ 0.00/0 Percent of dominant Species ❑ - That Are OBL, FACW, or FAC: 62.5% (A/B) 6. 0 0.00/0 - 7 0 ❑ 0.0% Prevalence Index worksheet: $ 0 ❑ o.00/o - Total % Cover of: Multiply by: 65 = Total Cover OBL species 0 x 1 = 0 Sapling-Sapling/Shrub Stratum (Plot size: 15 ) FACW species 30 x 2 = 60 1 Carpinus caroliniana 30 d❑ 37.5% FAC • 2• Rubusargutus 30 d❑ 37.5% FACU FAC species 140 x 3 = 420 3. Ilex opaca 20 d❑ 25.0% FACU FACU species 65 x 4 = 260 4 0 ❑ 0.0% UPL species 0 x 5= 0 5 0 ❑ 0.o% Column Totals: 235 (A) 740 (B) 6 0 ❑ o.00/o Prevalence Index = B/A = 3.149 7 0 ❑ 0.0% Hydrophytic Vegetation Indicators: $ 0 ❑ 0.00/0 ❑ Rapid Test for Hydrophytic Vegetation g 0 ❑ o.o% d❑ Dominance Test is > 50% 1 �• 0 El El Prevalence Index is <_3.0 1 Shrub Stratum (Plot size: ) 80 = Total Cover ❑Morphological Adaptations 1 (Provide supporting 1 0 ❑ 0.00/0 data in Remarks or on a separate sheet) 2 0 ❑ 0.00/0 ❑ Problematic Hydrophytic Vegetation 1 (Explain) 3 0 ❑ 0.00/0 1 Indicators of hydric soil and wetland hydrology must 4 0 ❑ 0.00/0 be present, unless disturbed or problematic. Definition of Vegetation Strata: 5• 0 ❑ o.00/o 6• 0 ❑ o.00/o Four Vegetation Strata: 7 0 El0.0% Tree stratum - Consists of woody plants, excluding vines, 3 in. - -- (7.6 cm) or more in diameter at breast height (DBH), Herb Stratum (Plot size: 5 ) 0 = Total Cover regardless of height. El Sapling/shrub stratum - Consists of woody plants, excluding 1 . 0 0% vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 2. Microstegium vimineum 40 d❑ 57.1% FAC Herb stratum - Consists of all herbaceous (non -woody) plants, 3. Juncus effusus 30 d❑ 42.9% FACW regardless of size, and all other plants less than 3.28 ft tall. 4' 0 El0.0% Woody vines - Consists of all woody vines greater than 3.28 ft Elo.o°ro in height. 5• o 6 0 ❑ o.00/o - Five Vegetation Strata: 7• 0 ❑ 0.00/0 ❑ - Tree -Woody plants, excluding woody vines, approximately 20 $ 0 0.00/0 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in g• 0 ❑ 0.0% diameter at breast height (DBH). El Sapling stratum - Consists of woody plants, excluding woody 1 0 0 0.0% vines, approximately 20 ft (6 m) or more in height and less 11. 0 ❑ 0.0% than 3 in. (7.6 cm) DBH. 12 0 ❑ 0.00/0 Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Woody Vine Stratum (Plot size: 30 ) 70 = Total Cover Herb stratum -Consists of all herbaceous (non -woody) plants, 1. Smilax rotundifolia 20 d❑ 100.0% FAC including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 2• 0 ❑ 0.00/0 m) in height. 3 • 0 ❑ 0.00/0 Woody vines - Consists of all woody vines, regardless of 4. _ 0 ❑ 0.0% - height. Hydrophytic 6 0 ❑ 0.00/0 - Vegetation Yes 0 NO ❑ 20 =Total Cover Present? Remarks: (Include photo numbers here or on a separate sheet.) *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: DP-4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type 1 Locz `Texture 0-4 2.SY 4/1 80 10YR 6/8 20 C M Sandy Loam 4-12 2.5Y 5/1 60 10YR 6/8 40 C M Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains Hydric Soil Indicators: zLocation: PL=Pore Lining. M=Matrix ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) ❑ Black Histic (A3) ❑ Thin Dark Surface (S9) (MLRA 147, 148) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Stratified Layers (A5) 0 Depleted Matrix (F3) ❑ 2 cm Muck (A10) (LRR N) ❑ Redox Dark Surface (F6) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 148) ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) Remarks Indicators for Problematic Hydric Soils3: ❑ 2 cm Muck (A10) (MLRA 147) ❑ Coast Prairie Redox (A16) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) (MLRA 136, 147) ❑ Very Shallow Dark Surface (TF12) ❑ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes 0 No ❑ Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 09-Mar-17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-5 Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0344931 Long.:-78.7920373 Datum: NAD83 Soil Map unit Name: White Store sandy loam NWI classification: Upland Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No ❑ (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No ❑ Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ❑ No O Hydric Soil Present? Yes ❑ No O Is the Sampled Area Wetland Hydrology Present? Yes ❑ No within a Wetland? Yes 0 No Remarks: Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one reauired: check all that aooly) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) ❑ FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes ❑ No O Depth (inches): Water Table Present? Yes ❑ No O _ Depth (inches): Yes ❑ No Saturation Present? Yes ❑ No 0 Wetland Hydrology Depth (inches): Present? includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: DP-6 Absolute Rel.Strat. Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) % Cover Cover Status Number of Dominant Species 1 , Ouercus alba 35❑ 43.80/6 FACU That are OBL, FACW, or FAC: 2 (A) 2• Liriodendron tulipifera 25 d❑ 31.30/6 FACU Total Number of Dominant 3• Fagus grandifolia 20❑ 25.0% FACU Species Across All Strata: 7 (B) 4• 0 ❑ o.o% 5 0 ❑ 0.00/0 Percent of dominant Species ❑ - That Are OBL, FACW, or FAC: 28.6% (A/B) 6. 0 0.00/0 - 7 0 ❑ 0.0% Prevalence Index worksheet: $ 0 ❑ o.00/o - Total % Cover of: Multiply by: 80 = Total Cover OBL species 0 x 1 = 0 Sapling-Sapling/Shrub Stratum (Plot size: 15 ) FACW species 0 x 2= 0 1• Ilex opaca 15 d❑ 50.0% FACU 2• Rubusargutus 15 d❑ 50.0% FACU FAC species 35 x 3 = 105 3 0 ❑ 0.00/0 FACU species 110 x 4 = 440 4 0 ❑ 0.0% - UPL species 0 x 5= 0 5 0 ❑ 0.0% Column Totals: 145 (A) 545 (B) 6 0 ❑ o.00/o Prevalence Index = B/A = 3.759 7 0 ❑ 0.0% Hydrophytic Vegetation Indicators: $ 0 ❑ 0.00/0 ❑ Rapid Test for Hydrophytic Vegetation g 0 ❑ o.o% ❑ Dominance Test is > 50% 1 �• 0 El El Prevalence Index is <_3.0 1 Shrub Stratum (Plot size: ) 30 = Total Cover ❑Morphological Adaptations 1 (Provide supporting 1 0 ❑ 0.00/0 data in Remarks or on a separate sheet) 2 0 ❑ 0.00/0 ❑ Problematic Hydrophytic Vegetation 1 (Explain) 3 0 ❑ 0.00/0 1 Indicators of hydric soil and wetland hydrology must 4 0 ❑ 0.00/0 be present, unless disturbed or problematic. 5• 0 ❑ o.00/o - Definition of Vegetation Strata: 6• 0 ❑ o.00/o Four Vegetation Strata: 7 0 El0.0% - Tree stratum - Consists of woody plants, excluding vines, 3 in. - -- (7.6 cm) or more in diameter at breast height (DBH), Herb Stratum (Plot size: 5 ) 0 = Total Cover regardless of height. 0 Sapling/shrub stratum - Consists of woody plants, excluding 1 . Microsteaium vimineum 20 100.0% FAC vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 2 0 ❑ 0.00/0 Herb stratum - Consists of all herbaceous (non -woody) plants, 3 0 ❑ 0.00/0 regardless of size, and all other plants less than 3.28 ft tall. 4' 0 El0.0% Woody vines - Consists of all woody vines greater than 3.28 ft Elo.o% in height. 5• 0 - g 0 ❑ o.00/o - Five Vegetation Strata: 7 0 ❑ 0.00/0 ❑ - Tree -Woody plants, excluding woody vines, approximately 20 $ 0 0.00/0 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in g• 0 ❑ 0.0% diameter at breast height (DBH). El Sapling stratum - Consists of woody plants, excluding woody 1 0 0 0.0% - vines, approximately 20 ft (6 m) or more in height and less 11. 0 ❑ 0.0% than 3 in. (7.6 cm) DBH. 12 0 ❑ 0.00/0 Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Woody Vine Stratum (Plot size: 30 ) 20 = Total Cover Herb stratum -Consists of all herbaceous (non -woody) plants, 1. Smilax rotundifolia 15 d❑ 100.0% FAC including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 2• 0 ❑ 0.0% m) in height. 3 • 0 ❑ 0.00/0 Woody vines - Consists of all woody vines, regardless of 4. _ 0 ❑ 0.0% - height. Hydrophytic 6 0 ❑ 0.00/0 Vegetation Yes 0 No 15 =Total Cover Present? Remarks: (Include photo numbers here or on a separate sheet.) *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: DP-6 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches)_ Color (moist) % Color (moist) % Type 1 Locz `Texture 0-12 2.SY 5/3 90 10YR 6/8 10 C M Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains Hydric Soil Indicators: ❑ Histosol (Al) ❑ Histic Epipedon (A2) ❑ Black Histic (A3) ❑ Hydrogen Sulfide (A4) ❑ Stratified Layers (A5) ❑ 2 cm Muck (A10) (LRR N) ❑ Depleted Below Dark Surface (All) ❑ Thick Dark Surface (Al2) ❑ Sandy Muck Mineral (Sl) (LRR N, MLRA 147, 148) ❑ Sandy Gleyed Matrix (S4) ❑ Sandy Redox (S5) ❑ Stripped Matrix (S6) zLocation: PL=Pore Lining. M=Matrix ❑ Dark Surface (S7) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) ❑ Thin Dark Surface (S9) (MLRA 147, 148) ❑ Loamy Gleyed Matrix (F2) ❑ Depleted Matrix (F3) ❑ Redox Dark Surface (F6) ❑ Depleted Dark Surface (F7) ❑ Redox Depressions (F8) ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 136) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Piedmont Floodplain Soils (1`19) (MLRA 148) ❑ Red Parent Material (F21) (MLRA 127, 147) Remarks Indicators for Problematic Hydric Soils3: ❑ 2 cm Muck (A10) (MLRA 147) ❑ Coast Prairie Redox (A16) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) (MLRA 136, 147) ❑ Very Shallow Dark Surface (TF12) ❑ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes ❑ No Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 10-Mar-17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-6 Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Channel (abandoned), Floodp Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0329138 Long.:-78.7863560 Datum: NAD83 Soil Map unit Name: White Store sandy loam NWI classification: PFO Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes O No O Hydric Soil Present? Yes O No O Is the Sampled Area Wetland Hydrology Present? Yes O' No O within a Wetland? Yes O No O Remarks: Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one reauired: check all that aooly) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑d Drainage Patterns (B10) V Saturation (A3) ❑d Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes O No O Depth (inches): Water Table Present? Yes O No O _ Depth (inches): Yes O No O Saturation Present? Yes * No O Wetland Hydrology Depth (inches): 3 Present? includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: DP-6 Tree Stratum (Plot size: 30 ) 1 , Carpinus caroliniana 2. Acer rubrum 3. Platanus occidentalis 4. Liguidambar stvraciflua 5. 6. 7. 8. Sapling-Sapling/Shrub Stratum (Plot size: 15 ) 1. Carpinus caroliniana 2. 3. 4. 5. 6. 7. 8. 9. 10. Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. Herb Stratum (Plot size: 5 ) 1. Microstegium vimineum 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. _ 5. _ 6. Absolute Rel.Strat. Indicator % Cover Cover Status 25❑ 35.79/6 FAC 20 d❑ 28.69/6 FAC 15❑ 21.49/6 FACW 10 ❑ 14.39/6 FAC 0 ❑ 0.0% 0 ❑ 0.0% 0 ❑ 0.0% _ _ 0 ❑ 0.0% 70 = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) 20 0 0 0 0 0 0 0 0 0 20 0 0 0 0 0 0 0 0 50 0 0 0 0 0 0 0 0 0 0 0 50 0 0 0 0 0 0 0 d❑ 100.0% FAC ❑ 0.0% ❑ 0.0% ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% = Total Cover ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% = Total Cover d❑ 100.0% FAC ❑ 0.0% _ ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ ❑ o.o% _ ❑ o.o% _ ❑ 0.0% _ ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ ❑ o.o% _ = Total Cover ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ 0.0% _ ❑ o.o% _ ❑ 0.0% _ = Total Cover Dominance Test worksheet: Number of Dominant Species That are OBL, FACW, or FAC: 5 (A) Total Number of Dominant Species Across All Strata: 5 (B) Percent of dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 15 x 2 = 30 FAC species 125 x 3 = 375 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 140 (A) 405 (B) Prevalence Index = B/A = 2.893 Hydrophytic Vegetation Indicators: ❑ Rapid Test for Hydrophytic Vegetation d❑ Dominance Test is > 50% d❑ Prevalence Index is <_3.0 1 ❑ Morphological Adaptations 1 (Provide supporting data in Remarks or on a separate sheet) ❑ Problematic Hydrophytic Vegetation 1 (Explain) 1 Indicators of hydric soil and wetland hydrology must be present unless disturbed or problematic. Definition of Vegetation Strata: Four Vegetation Strata: Tree stratum - Consists of woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/shrub stratum - Consists of woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb stratum - Consists of all herbaceous (non -woody) plants, regardless of size, and all other plants less than 3.28 ft tall. Woody vines - Consists of all woody vines greater than 3.28 ft in height. Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling stratum - Consists of woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb stratum - Consists of all herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 m) in height. Woody vines - Consists of all woody vines, regardless of height. Hydrophytic Vegetation Present? Yes 0 No ❑ *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: DP-6 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvne 1 Locz `Texture 0-2 10YR 5/4 100 Sandy Loam 2-4 10YR 4/2 90 7.5YR 5/8 10 C PL, M Loam 4-12 10YR 5/1 75 7.5YR 5/8 25 C PL, M Clay Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains Hydric Soil Indicators: zLocation: PL=Pore Lining. M=Matrix ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) ❑ Black Histic (A3) ❑ Thin Dark Surface (S9) (MLRA 147, 148) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Stratified Layers (A5) 0 Depleted Matrix (F3) ❑ 2 cm Muck (A10) (LRR N) ❑ Redox Dark Surface (F6) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 148) ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) Remarks Indicators for Problematic Hydric Soils3: ❑ 2 cm Muck (A10) (MLRA 147) ❑ Coast Prairie Redox (A16) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) (MLRA 136, 147) ❑ Very Shallow Dark Surface (TF12) ❑ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes 0 No ❑ Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Bucher Mitigation Site City/County: Durham County Sampling Date: 07-Mar-17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP-7 Investigator(s): R. Medric, M. DeAngelo Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): flat Slope: 0.0% / 0.0 ° Subregion (LRR or MLRA): MLRA 136 in LRR P Lat.: 36.0290217 Long.:-78.7863420 Datum: NAD83 Soil Map unit Name: White Store sandy loam NWI classification: Upland Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No ❑ (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes O No ❑ Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) Summary of Findings - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ❑ No O Hydric Soil Present? Yes ❑ No O Is the Sampled Area Wetland Hydrology Present? Yes ❑ No within a Wetland? Yes 0 No Remarks: Hydrology Wetland Hydrology Indicators: Secondary Indicators (minimum of two reauired) Primary Indicators (minimum of one reauired: check all that aooly) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ True Aquatic Plants (B14) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Hydrogen Sulfide Odor (Cl) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Presence of Reduced Iron (C4) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Crayfish Burrows (C8) ❑ Drift deposits (B3) ❑ Thin Muck Surface (C7) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Other (Explain in Remarks) ❑ Stunted or Stressed Plants (Dl) ❑ Iron Deposits (B5) ❑ Geomorphic Position (D2) ❑ Inundation Visible on Aerial Imagery (B7) ❑ Shallow Aquitard (D3) ❑ Water -Stained Leaves (B9) ❑ Microtopographic Relief (D4) ❑ Aquatic Fauna (B13) ❑ FAC-neutral Test (D5) Field Observations: Surface Water Present? Yes ❑ No O Depth (inches): Water Table Present? Yes ❑ No O _ Depth (inches): Yes ❑ No Saturation Present? Yes ❑ No 0 Wetland Hydrology Depth (inches): Present? includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five/Four Strata)- Use scientific names of plants. Dominant Sampling Point: DP-7 Absolute Rel.Strat. Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30 ) % Cover Cover Status Number of Dominant Species 1 , Pinus taeda 50 ❑ 83.3% FAC That are OBL, FACW, or FAC: 2 (A) 2• Liguidambar styraciflua 10 ❑ 16.7% FAC ❑ Total Number of Dominant 3 0 0.0° /o _ Species Across All Strata: 6 (B) 4• 0 ❑ o.o% - 5 0 ❑ 0.00/0 Percent of dominant Species ❑ - That Are OBL, FACW, or FAC: 33.3% (A/B) 6. 0 0.00/0 - 7 0 ❑ 0.0% Prevalence Index worksheet: $ 0 ❑ o.00/o - Total % Cover of: Multiply by: 60 = Total Cover OBL species 0 x 1 = 0 Sapling-Sapling/Shrub Stratum (Plot size: 15 ) FACW species 0 x 2 = 0 1 ]uniperus virginiana 15 d❑ 60.0% FACU • 2• Liciustrum sinense 10 d❑ 40.0% FACU FAC species 80 x 3 = 240 3 0 ❑ 0.0% FACU species 35 x 4 = 140 4 0 ❑ 0.0% - UPL species 0 x 5= 0 5 0 ❑ 0.o% Column Totals: 115 (A) 380 (B) 6 0 ❑ o.00/o Prevalence Index = B/A = 3.304 0 ❑ 0.0% Hydrophytic Vegetation Indicators: $ 0 ❑ 0.00/0 ❑ Rapid Test for Hydrophytic Vegetation g 0 ❑ o.o% ❑ Dominance Test is > 50% 1 �• 0 El El Prevalence Index is <_3.0 1 Shrub Stratum (Plot size: ) 25 = Total Cover ❑Morphological Adaptations 1 (Provide supporting 1 0 ❑ 0.00/0 data in Remarks or on a separate sheet) 2 0 ❑ 0.00/0 ❑ Problematic Hydrophytic Vegetation 1 (Explain) 3 0 ❑ 0.00/0 1 Indicators of hydric soil and wetland hydrology must 4 0 ❑ 0.00/0 be present, unless disturbed or problematic. Definition of Vegetation Strata: 5• 0 ❑ o.00/o - 6• 0 ❑ o.00/o Four Vegetation Strata: 7 0 El0.0% - Tree stratum - Consists of woody plants, excluding vines, 3 in. - -- (7.6 cm) or more in diameter at breast height (DBH), Herb Stratum (Plot size: 5 ) 0 = Total Cover regardless of height. d❑ Sapling/shrub stratum - Consists of woody plants, excluding 1 . Microsteaium vimineum 20 80.0% FAC vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 2. Allium canadense 5 d❑ 20.0% FACU Herb stratum - Consists of all herbaceous (non -woody) plants, 3 0 ❑ 0.00/0 regardless of size, and all other plants less than 3.28 ft tall. 4' 0 El0.0% Woody vines - Consists of all woody vines greater than 3.28 ft Elo.o% in height. 5• 0 - 6 0 ❑ o.00/o - Five Vegetation Strata: 7 0 ❑ 0.00/0 ❑ - Tree -Woody plants, excluding woody vines, approximately 20 $ 0 0.00/0 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in g• 0 ❑ 0.0% diameter at breast height (DBH). El Sapling stratum - Consists of woody plants, excluding woody 1 0 0 0.0% vines, approximately 20 ft (6 m) or more in height and less 11. 0 ❑ 0.0% than 3 in. (7.6 cm) DBH. 12 0 ❑ 0.00/0 Shrub stratum - Consists of woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Woody Vine Stratum (Plot size: 30 ) 25 =Total Cover Herb stratum - Consists of all herbaceous (non -woody) plants, 1. Lonicera japonica 5 d❑ 100.00/0 FACU including herbaceous vines, regardless of size, and woody species, except woody vines, less than approximately 3 ft (1 2• 0 ❑ 0.0% m) in height. 3 • 0 ❑ 0.00/0 Woody vines - Consists of all woody vines, regardless of 4. _ 0 ❑ 0.0% - height. Hydrophytic 6 0 ❑ 0.00/0 - Vegetation Yes ❑ No 5 =Total Cover Present? Remarks: (Include photo numbers here or on a separate sheet.) *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Soil Sampling Point: DP-7 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvne 1 Locz `Texture 0-1 10YR 2/1 100 Silt Loam 1-12 2.SY 6/4 90 7.5YR 5/8 10 C M Sandy Clay Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains Hydric Soil Indicators: zLocation: PL=Pore Lining. M=Matrix ❑ Histosol (Al) ❑ Dark Surface (S7) ❑ Histic Epipedon (A2) ❑ Polyvalue Below Surface (S8) (MLRA 147,148) ❑ Black Histic (A3) ❑ Thin Dark Surface (S9) (MLRA 147, 148) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Stratified Layers (A5) ❑ Depleted Matrix (F3) ❑ 2 cm Muck (A10) (LRR N) ❑ Redox Dark Surface (F6) ❑ Depleted Below Dark Surface (All) ❑ Depleted Dark Surface (F7) ❑ Thick Dark Surface (Al2) ❑ Redox Depressions (F8) ❑ Sandy Muck Mineral (Sl) (LRR N, ❑ Iron -Manganese Masses (1`12) (LRR N, MLRA 147, 148) MLRA 136) ❑ Sandy Gleyed Matrix (S4) ❑ Umbric Surface (1`13) (MLRA 136, 122) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 148) ❑ Stripped Matrix (S6) ❑ Red Parent Material (F21) (MLRA 127, 147) Remarks Indicators for Problematic Hydric Soils3: ❑ 2 cm Muck (A10) (MLRA 147) ❑ Coast Prairie Redox (A16) (MLRA 147,148) ❑ Piedmont Floodplain Soils (1`19) (MLRA 136, 147) ❑ Very Shallow Dark Surface (TF12) ❑ Other (Explain in Remarks) 3 Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes ❑ No Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 I M. p 1a R Rood Rd Rgdwood Rd preF S 0 250 500 Feet Potenital Wetland and Non -Wetland Waters of the US Bucher Mitigation Project Durham County, North Carolina Date: 8/22/2019 Drawn by: MDE Revisions: 2 Checked by: JRM Legend Study Area ® Pond ® Wetland Stream Wetland Data Point Ct Upland Data Point rr�#r� .i7�a ����j►`��� ��r Appendix D. Agency Correspondence RECEIVED November 3, 2()16 NOV 0 9 2016 John Thomas BEGIILATORY U.S. Army Corps of Engineers, Wilmington District IELD OFFICE Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: EBX-Neuse 1, LLC / SAW-2016-01988/ Durham County Dear Mr. Thomas: The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above referenced Public Notice. The project, as advertised in the Public Notice, is expected to have minimal adverse impacts to,f sh and wildlife resources. Therefore, we have no objection to the activity as described in the pert -nit application. In accordance with the Endangered Species Act of 1973 as amended, (ESA) and based on the information provided, and other available information, it appears the action is not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. For your convenience a list of all federally protected endangered and threatened species in North Carolina is now available on our website at <http://www.fws.gov/raleigli>. Our web page contains a complete and updated list of federally protected species, and a list of federal species of concern known to occur in each county in North Carolina. The Service appreciates the opportunity to review and provide comments on the proposed action. Should you have any questions regarding the project, please contact Emily Wells at (919) 856-4520, extension 25. Sincerely; Pete Bet jamin, , Field tpervisor cc: NMFS, Beaufort; NC EPA, Atlanta, GA WRC, Raleigh North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Govemor Pat McCrory Secretary Susan Kluttz November 28, 2016 John Thomas Raleigh Regulatory Field Office 3331 Heritage Trade Street, Suite 105 Wake Forest, NC 27587 Office of Archives and History Deputy Secretary Kevin Cherry Re; Add Bucher Stream Mitigation Site to the New -Con Umbrella Mitigation Bank, SAW 2016-01988, Durham County, ER 16-2084 Dear Mr, Thomas: We have received a public notice concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. if you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.review a,neder.goy. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, t55VIRamona M. Bartos Location; 1091;ast Jones Street, Raleigh NC 27601 mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570l807-6599