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20170833 Ver 2_BPDP for PN_20200224Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Bank Bank Parcel Development Package (BPDP) Tar- Pamlico Basin (HUC: 03020103) February 2020 Greene Environmental Services, LLC North Carolina Department of Environmental Quality, Division of Water Resources Project Number: 2017-0833v2 Submitted to: Katie Merritt, Nutrient Offset & Buffer Banking Coordinator NC Department of Environmental Quality - Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Email: katie.merritt@ncdenr.gov Phone: (919) 707-3637 Submitted by: Greene Environmental Services, Jeff Becker and David Knowles Ham Farms, 963 Hwy 258 S Snow Hill, NC 28580 Phone: (919) 215-3899, jrbecker@bellsouth.net; (252) 757-1978, ocesdk@gmail Table of Contents Document Section Page 1.0 Introduction 5 2.0 Bank Location 6 3.0 Bank Parcel Overview 7 4.0 Site Viability and Stream Determination Reports 7 5.0 Bank Description 8 6.0 Water Quality Assessments and Stream Classifications 11 7.0 Boundary Survey 14 8.0 Project Area - Existing Conditions 14 8.1 Physiography 15 8.2 Soils and Edaphic Conditions 15 8.3 Existing Vegetative Species 17 8.4 Potential Constraints on Bank Establishment 17 8.5 Threatened and Endangered Species 18 8.6 Cultural Resources 20 8.7 Flood Potential 20 8.8 Infrastructure 21 9.0 Proposed Riparian Buffer and Nutrient Offset Restoration Plan 22 9.1 Site Preparation and Sapling Planting at the Bank Parcel 22 10.0 Monitoring and Maintenance Plan 25 11.0 Long Term Maintenance and Protection 27 12.0 Financial Assurance 27 13.0 Riparian Buffer and Nutrient Offset Mitigation Potential 28 14.0 References 29 List of Tables Table Number Table Caption Page Table 1 Coordinates of the proposed Bank tracts. 6 Table 2 Vehicular directions to access the Bank tracts. 6 Table 3 Approximate areal coverage of the Bank tracts. 10 Table 4 North Carolina Surface Water Classifications 12 Table 5 Excerpt from the Environmental Protection Agency (EPA), Watershed Quality Assessment Report 12 Table 6 Water quality summaries 13 Table 7 Soil series mapped at the Baldwin Swamp Mitigation Bank 16 Table 8 Woodland Suitability Groups for dominant soils at the Baldwin Swamp Bank 16 Table 9 Existing vegetation in the vicinity of the proposed Bank 17 Table 10 Federally listed threatened and endangered species 19 Table 11 Major Tar River flood events 21 Table 12 Summary of site preparation, planting and monitoring activities 23 Table 13 Character trees proposed for planting 25 Table 14 Summary of riparian buffer components and projected mitigation credits 30 List of Figures Figure Number Figure Caption Figure 1 Approximate location of Baldwin Swamp Mitigation Bank (red arrow) within the Tar River watershed Figure 2 Tar -Pamlico River Basin depicting the approximate location of the Baldwin Swamp bank within HUC: 03020103 Figure 3 Service Area for Baldwin Swamp Bank located within HUC 0302013 Figure 4 Vicinity map (satellite image) for the proposed GES, Baldwin Swamp Mitigation Bank Figure 5-A Bank Tracts for Baldwin Swamp Bank. Figure 5-B Credit Determination Map for Tract 1 Figure 5-C Credit Determination Map for Tract 2 Figure 6 Baldwin Swamp Bank tracts within Pitt County land parcel #01095 Figure 7 USGS Quadrangle excerpt. Greenville, NC SE Figure 8 Greenville SE, USGS Quadrangle Figure 9 Historical imagery from Year 1937 Figure 10 Pitt County Soil Survey Map Sheet 36 Figure 11 Floodplain map of vicinity including the Baldwin Swamp Bank Figure 12 Bank area to be planted with native tree species Figure 13 Approximate locations of monitoring plots in Baldwin Swamp Bank Figure 14 Approximate conservation easement boundary List of Appendices Appendix Number Appendix Title Appendix 1 Baldwin Swamp Mitigation Bank Representative Photographs Appendix 2 Baldwin Swamp Mitigation Bank Stream Determination Report Appendix 3 Baldwin Swamp Mitigation Bank Site Viability Report Appendix 4 Pertinent Correspondence Between GES and NC-DWR Appendix 5 Request for inclusion of Ditch W-3b for Riparian Buffer Credits Appendix 6 Baldwin Swamp Mitigation Bank, EDR Report Appendix 7 Baldwin Swamp Mitigation Bank, Draft Conservation Easement 1.0 Introduction Greene Environmental Services, LLC (GES) proposes the establishment of a riparian buffer mitigation and nutrient offset bank in Pitt County, NC under the terms and conditions of the GES, Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Banking Instrument (MBI) (submitted to NC Division of Water Resources concurrently with this document). The proposed bank, the Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Bank (Bank) will be located in the Tar — Pamlico River Basin (HUC: 03020103) (Figures 1, 2 and 3). The approximately 21.1-acre Bank will consist of two separate tracts located on two separate un- named streams that discharge to Baldwin Swamp and subsequently to the Tar River approximately six miles downstream from the city of Greenville, NC (Figure 4 and Figures 5-A). This document, the Bank Parcel Development Package (BPDP) provides justification for the proposed Bank and details site conditions, Bank establishment plans, site monitoring and maintenance programs and mitigation credit potentials. This BPDP is submitted to the North Carolina Department of Environmental Quality, Division of Water Resources (NC-DWR) for review. If approved, the Bank will be established according to specifications provided in this BPDP. Some adjustments or deviations to the Bank Parcel may impact credit viability of the riparian areas adjacent to the streams and ditches. Therefore, if any adjustments or deviations need to be made to the Bank Parcel, GES is required to receive authorization from DWR prior to implementation. After the Bank is constructed, any DWR approved adjustments to or deviations from the BPDP will be provided in the "As -Built Report", and submitted to the NC-DWR. The regulatory purpose of the proposed Bank is to provide riparian buffer and nutrient offset credits for new and existing development in the 8-digit Hydrologic Unit Code (HUC) 03020103 of the Tar -Pamlico River Basin requiring riparian buffer and/or nutrient offset in accordance with 15A NCAC 02B .0295, 15A NCAC 02B .0240, and the corresponding Mitigation Banking Instrument (MBI). The Bank will also improve water quality within the Tar -Pamlico River Basin by reducing nutrient and sediment inputs into the watershed. Land - use within the vicinity of the proposed Bank is primarily agricultural and highway (US 264) development. Land use within the Bank parcel has historically been row crop agriculture. The land adjacent to the two un-named streams within the proposed Bank is currently in row crop agricultural production (Appendix 1). Converting the current land -use and establishing a riparian forested community adjacent to portions of these waterways by planting saplings of native trees species and allowing natural vegetative succession to proceed in perpetuity will reduce nutrient and sediment loading into those waterways. The proposed Bank will be established pursuant to the Mitigation Banking Instrument (MBI) developed for the Bank and submitted to NC-DWR. 2.0 Bank Location The proposed Bank is located in northeastern Pitt County, NC (Figure 2). The two Bank tracts are located on Pitt County land parcel number 10195 (Figure 6). The total acreage for the land parcel is 216 acres, of which an estimated 21.1 acres will be in the Bank. The zoned use for the parcel is Rural Agricultural (RA) and is not inconsistent with the proposed Bank. The coordinates for the Bank tracts (designated Tract 1 and Tract 2) are provided in Table 1. The approximate elevation for the tracts ranges from 4 to 5 meters (14 to 17 feet) above mean sea level (amsl). The proposed Bank is located northeast of the City of Greenville approximately two miles east of the intersection of Greenville Boulevard NE and US 264. Vehicular access to the Bank tracts may be gained by public road and private farm road as described in Table 2. Table 1. Coordinates of the proposed Bank tracts. Tract Latitude / Longitude (Decimal degrees) Tract 1 35.619551 /-77.293544 Tract 2 35.624767 /-77.288639 Table 2. Vehicular directions to access the Bank tracts. Tract Vehicular Access Directions Tract 1 Via unpaved farm road north of Old Pactolus Rd (SR 1534), approx. 0.3 mi east from the intersection of Old Pactolus Rd and Sunn side Rd SR 1535). Tract 2 Via unpaved farm road south of US 264 E, approx. 2.3 mi east from the intersection of US 264 and Greenville Blvd. NE 0 3.0 Bank Parcel Overview The proposed Bank will consist of two tracts; each with drainages to Baldwin Swamp and subsequently to the Tar River (Figures 4 and 7). In total, the Bank will be an estimated 21.1 acres; this areal coverage will be refined pending approval of this BPDP document and a boundary survey. A more detailed description of the Bank follows in Section 5.0. Pending approval of the BPDP, the Bank will be planted with character trees between February and March of 2020. An As - Built document and pertinent easement documents will be submitted to NC-DWR post -planting. 4.0 Site Viability and Stream Determination Reports Prior to the submission of this BPDP document, an on -site Stream Determination assessment (Appendix 2) and Site Viability assessment (Appendix 3) for the proposed Baldwin Swamp Bank were conducted by NC Division of Water Resources personnel (Katie Merritt and Chris Pullinger) in July 2017. The reports determined portions of waterways W-3 (in Tract 1) and W-4 (in Tract 2) were streams and thus, their riparian areas were eligible for riparian buffer mitigation credits from the top of the stream banks landward to a maximum of 100 feet and as nutrient offset credits from 101 feet to 200 ft landward from the features. For waterway segments designated as ditches, nutrient offset credits are eligible from the tops of the ditch banks landward to a maximum of 200 feet. For consistency with the Stream Determination and Site Viability assessments, the streams in the proposed Bank will be designated W-3 and W-4. Streams W-1, W-2 and W-5 were assessed in the field and were included in the reports but GES will not include these waterways in the proposed Bank. The Site Viability assessment was further clarified with a guidance document from NC-DWR dated November 20, 2019 to address the issue of diffuse flow from ditches W-3a and W-4c to Ditch W- 3b and Stream W-4b (Appendix 4) respectively. This guidance document also confirmed that W-3b met some of the criteria as required in 15A NCAC 02B .0295 (o)(8) to be viable to generate Riparian Buffer Credits. However, where some criteria were not assessed onsite, GES would have to provide justification in the BPDP for DWR review. Appendix 5 includes justification that ditch W-3b meets the remaining criteria required in Rule .0295 to generate Riparian Buffer Credits. (Figure 5-13). The NC-DWR document also provides guidance to address diffuse flow concerns on 7 ditch W-4c such that the conservation easement for the Bank is now inclusive of the ditch (Figure 5-C). 5.0 Bank Description The proposed Bank will consist of two tracts, each with acreage designated for riparian buffer credits and nutrient offset credits (Figures 5-A and 5-13). Tract 1 consists ofa designated stream (W-3c) where riparian restoration will be performed from the tops of the stream banks outward to a maximum of 100 feet. In addition, portions ofthe riparian areas adjacent this stream will be restored for nutrient offset credits outward from 101 feet to a maximum of 200 feet (Figure 5-A). Riparian restoration adjacent to a ditch directly hydrologically connected to W-3c and labeled W- 3b will also be performed. Riparian restoration on W-3b complies with all of 15A NCAC 02B .0295 (o)(8) (Figure 5-13) (Appendix 5). Stream W-3c will terminate at the boundary ofthe Drainage District Easement 40 feet west ofBaldwin Swamp (Figure 6). Stream W-3c flows into Baldwin Swamp which then flow generally eastward and southeastward to the Tar River. Tract 2 consists of Stream W-4b with two ditches; one ditch, labeled W-4a is located immediately upstream and continuous to W-4b and a second ditch, labeled W-4c flows southward into W-4b at the approximate mid -point of the Bank tract (Figure 5-C). Riparian restoration adjacent to Ditch W-4a will be performed for nutrient offset credits upstream to the US 264 right-of-way with a planted riparian area from the top of the ditch bank landward to 50 feet on the north side ofthe ditch and from the top ofthe bank landward to 100 feet on the south side ofthe ditch. Portions of W-4c adjacent to W-4b riparian buffer acreage will be placed under a conservation easement as per guidance provided by DWR staff (Appendix 4). Stream W-4b flows in an eastward direction off the property to Baldwin Swamp and subsequently the Tar River. The streams and ditches in Tracts 1 and 2 are not hydrologically connected within the land parcel 10195 (Figures 5-A and 6). The two drainages converge approximately 0.5 miles (0.7 km) downstream from the Bank tracts in a wooded area on neighboring property before flowing to the Tar River. In Tract 1, riparian restoration activities designated for riparian buffer credits along StreamW-3c will extend from the top of the stream bank landward a maximum of 100 feet from the stream and paralleling the contour of the stream (Figure 5-A). The riparian restoration activities along the upstream half (approximately 800 linear ft) of W-3c will be on both sides; the riparian restoration activities along the downstream half (approx. 800 linear ft) of W-3c will be only on the west and north side only as constrained by the land parcel property boundary. Ditch W-3b will be buffered on the west side for approximately 140 feet linear feet and landward to 45 feet and approximately 220 linear feet on the east side landward to 50 feet. To account for diffuse flow from the inflowing Ditch W-3a, a 0.1-acre (4356 ft2) deduction in riparian buffer credits in Tract 1 will be included in the credit tabulation for the Bank, as per NC-DWR guidance (Appendix 4). Though not included in the Bank credits, the deducted area, as indicated on Figure 5-13, will be planted with trees. The riparian restoration activities from 101-foot outward to a maximum of 200 feet will be designated for nutrient offset credits along Ditch W-3b and StreamW-3c (Figure 5-13). In Tract 2, riparian restoration activities along the south side of Stream W-4b within 100 feet of the stream will be designated for riparian buffer credits and from 101 feet to a maximum of 200 feet will be designated for nutrient offset credits (Figure 5-C). In Tract 2, riparian restoration activities along the north side of Stream W-4b from the top of the stream bank landward to 50 feet will be designated for riparian buffer credits. As in Tract 1, in Tract 2 a 0.1-acre (4356 ft2) deduction in riparian buffer credits to account for diffuse flow from the inflowing Ditch W-3c will be incurred (Figure 5-c). The riparian restoration activities adjacent to Ditch W-4a upstream from W-4b will be designated as nutrient offset acreage from the top of the ditch bank landward to 50 feet on the north side of the ditch and 100 feet on the south side. Table 3 provides an estimate of the acreage and square footage of riparian buffer mitigation and nutrient offset credits for the Bank tracts. E Table 3. Projected dimensions and areal measurements of tracts and sub -tracts in the Baldwin Swamp Bank. Final dimensions and areal measurements will be determined upon approval of this BPDP and a subsequent certified boundarysurvey that will be included in the As -Built Report. Feature Name and Location Feature Type Credit Type Width (ft) of Sub- tract Length (ft) of Sub- tract Square Feet of Sub -tract Acres of Sub -tract Tract I W-3c North Side Stream Riparian Buffer 0-100 1,600 160,000 3.7 W-3c South Side Stream Riparian Buffer 0-100 900 90,000 2.1 W-3b East Side Ditch Riparian Buffer 0-50 220 18,500 0.4 W-3b West Side Ditch Riparian Buf f er Nutrient Of f set 0-45 45-200 140 see map 11,250 see map 0.3 See map - c North Side Stream I Nutrient I Offset 101-200 600 60000 1.4 W-3c South Side Stream Nutrient Offset 101-200 1,100 110,000 2.5 Tract Total 486150 11.2 Tract Total (A(tjusted)* 481,794* 11.0* Tract 2 W-4b North Side Stream Riparian Buffer 0-50 1,220 61,000 1.4 W-4b South Side Stream Riparian Buffer 0-100 1,150 115,000 2.7 W-4b South Side Stream Nutrient Offset 101-200 1,170 117,000 2.7 W-4a North Side Ditch Nutrient Offset 0-50 920 46,000 1.1 W-4a South Side Ditch Nutrient Offset 0-100 920 92,000 2.1 Tract Total (Una(tjusted) 431,000 9.9 Tract Total (A(tjusted)* 1 426,644* 9.7* Bank Total (Unadjusted) 917,150 21.1 Bank Total (Adjusted)* 908 438* 20.9* *Numbers have been adjusted according to DWR guidance regarding diffuse flow from tributary ditches; 0.1 acres (4356 ft2) have been subtracted from each Tract 1 and Tract 2, for a total reduction of riparian buffer credit reduction of 0.2 acres (8712 ft). 10 6.0 Water Quality Assessments and Stream Classifications There are no named streams or ditches in the two tracts of the proposed Baldwin Swamp Mitigation Bank. Un-named stream W-3 in Tract 1 flows generally eastward and converges with Baldwin Swamp. Stream W-3 is designated as an intermittent stream on the USGS Greenville SE topographic map (Figures 7 and 8). Stream W-3 receives runoff from adjacent farm fields in land parcel #01095. Stream W-4 in Tract 2 flows eastward off land parcel #01095, discharging to Baldwin Swamp approximately 1.0 km downstream. Stream W-4 is designated as an intermittent stream on the USGS Greenville SE topographic map (Figures 7 and 8). The stream receives runoff from adjacent farm fields and two inflowing farm ditches that is also connected to highway drainage ditch associated with US 264. Baldwin Swamp exits the farm containing the two Bank tracts and flows eastward converging with Moyes Run approximately 1.8 km downstream from the eastern boundary of land parcel #01095. Moyes Run flows 2.5 km to Broad Run which then discharges 1.4 km downstream into the Tar River (Figure 6). Thus, all the Bank tracts are between 5 km and 7 km from the Tar River. All these waterways are designated as Class C, NSW as defined by the North Carolina Department of Environmental Quality (DEQ), Division of Water Resources (DWR (http://deq.nc.gov/about/divisions/water-resources/planning/classification- standards/classifications#Whataresurfacewaterclassification) (Table 4). There are no known records that indicate routine ambient sampling of water quality monitoring by NC DEQ or other state or federal agencies in Baldwin Swamp, Moyes Run, Broad Run or the unnamed streams and ditches within the Bank. However, statewide mercury contamination advisories apply to all these waters (Table 5). 11 Table 4. North Carolina Surface Water Classifications for waters found on or immediately downstream from the Baldwin Swamp Mitigation Bank (https:Hdeq.nc.gov/about/divisions/water- resources/planning/classification- standards/classifications#DWRPrimaryClassification). Surface Water Classification Classification Category Definition C Primary Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. NSW — Supplemental Supplemental classification intended for waters needing additional Nutrient nutrient management due to being subject to excessive growth of Sensitive microscopic or macroscopic vegetation. Waters Table 5. Excerpt from the Environmental Protection Agency (EPA), Watershed Quality Assessment Report for the Lower Tar River. Baldwin Swamp, Moyes Run, and Broad Run are all listed in the Report as follows(https://iaspub.epa.gov/watersI0/attains watershed. control_). Water Quality Assessment Status for Reporting Year 2014 The overall status of this waterbody is Impaired. Cause of Cause of Impairment Desi!nated State TMDL Development Impairment Group Uses Status Mercury in Fish Mercury Fish TMDL completed Tissue Consumption TMDL Document TMDL TMDL Pollutant TMDL Pollutant Name Date Description Source Type North Carolina Statewide Mercury TMDL 0ct-12- Mercury Point/Nonpoint 2012 Source Cause(s) of Impairment Addressed Mercury in Fish Tissue The Tar -Pamlico River Basinwide Water Quality Management Plan 2010, Water Quality Overview for the Pamlico River Subbasin (HUC 03020103) provides a general summary of water quality for streams in the subbasin. This report indicates that nutrient loading and stream channelization are water quality concerns in the subbasin. Pertinent quoted text 12 regarding water quality in the subbasin and at the fish community sampling station nearest the Bank is provided in Table 6. Table 6. Water quality summaries pertinent to the proposed Bank quoted from the The Tar -Pamlico River Basinwide Water Quality Management Plan 2010, Water Quality Overview for the Pamlico River Subbasin (HUC 03020103) (https:Hfiles.nc.gov/ncdeq/Water%20Quality/Planning/BPU/BPU/Tar_Pamlico/Tar%20Pam%20PIans/2010%20P la n/TarPamlicoBasinPlan20lOnoappendices.pdf). Lower Tar River Subbasin 03020103 "This subbasin funnels water from the Tar River tributaries before entering the Pamlico Estuary and therefore collectively delivers higher concentrations of stressors (e.g., nutrients) directly to the estuary. Nutrient concentrations from ambient stations within this subbasin indicate TP remaining steady and below the 1991 concentrations, while TN concentrations have increased slightly. Water quality on an individual stream basis has improved; specifically the removal of Chicod Creek from the Impaired waters list is a success due to TMDL and agricultural BMPs implementation. Non -point source and development pressures continue to be a concern in the entire subbasin. Threatened and sensitive aquatic species have been found in the main stem of the Tar River in this subbasin." Parkers Creek (HUC 030201030404) "Parkers Creek (HUC 030201030404), AU# 28-95, from source to Tar River, 7.3 miles are Not Rated based on a 2007 fish community sample (OF31). This site is Not Rated because criteria are still being developed to rate coastal plain streams; when these criteria are finalized this stream can then be back -rated based on the 2007 sample. The sample indicated an improvement in riparian vegetation and bank stability since the 2002 sample; a diverse and abundant fish community was seen for such a small channelized stream. In the summer of 2009, two benthic samples were taken upstream of OF31 to determine if stormwater from a specific property was contributing to water quality degradation. The samples indicated Poor ratings both upstream (SR 1579) and downstream (SR 1591) of the facility with impacted habitat in -stream and riparian limitations likely caused by historic channelization and extreme fluctuations in hydrology (flashiness). The poor aquatic macroinvertebrate habitat conditions could not be directly linked to the property of interest. Stormwater runoff and altered hydrology are likely the main reason for degraded water quality in this subwatershed. This subwatershed drains the Pitt -Greenville Airport and Greenville's industrial areas. Parkers Creek will likely be listed as impaired on the 2012 303(d) list." 13 7.0 Boundary Survey A licensed surveyor will be contracted to conduct a boundary survey. The survey will follow standards and practices provided in North Carolina G.S 47-30, Mapping Requirements for Recordable Maps. On -site, monumented boundaries will be established identifying the Bank footprint. A survey plat will be generated that will include pertinent physical features (i.e., stream and ditches, adjacent roadways), stream and ditch bank tops, riparian buffer boundaries and nutrient offset boundaries. The boundary survey will be included as a component of the post - construction As -Built document and submitted to NC-DWR. 8.0 Project Area - Existing Conditions The proposed Bank is located in the central coastal plain of eastern North Carolina. The landscape in the vicinity of the Bank is largely rural with the uplands in agricultural and silvicultural land uses and limited rural residential and commercial development (Figures 7 and 8). The uplands are relic alluvial terraces dissected with numerous creeks and swamps. The two streams in the Bank tracts discharge to Baldwin Swamp. The nearest named stream to the north of Baldwin Swamp is Cannon Swamp; the nearest named stream to the south of Baldwin Swamp is Barber Creek. Baldwin Swamp is similar to most large streams in the area in that all three of these streams have been channelized in an effort to improve drainage to enhance agricultural production. Prior to European settlement and subsequent conversion to agricultural and forestry production the dominant plant communities were likely Mesic, Mixed Hardwood Forests (Coastal Plain Subtype) and Coastal Plain Small Stream Swamp (Blackwater Subtype) based on the North Carolina Natural Heritage Program natural communities classification system developed by Shafale and Weakley (1990). The abundance of small creeks and swamps and the relatively small interstream flats likely inhibited frequent fire return intervals and the development of fire - dependent plant communities that were common in other portions of the coastal plain. The earliest USGS topographic map indicating land use in the immediate vicinity of the Bank site was 1937; these conditions are essentially unchanged for the past eight decades (Figure 9). Photographs of the Bank site in August 2019 are provided in Appendix 2. 14 8.1 Physiography The proposed Bank is located within the Mid Atlantic Floodplain and Low Terrace Physiographic Province, within the Mid Atlantic Coastal Plain Ecoregion (online at: http://pages.pomona.edu/—wsteinmetz/ID1/nc_eco_pg.pdf). Based upon review of the United States Geological Survey (USGS), Greenville, North Carolina SE Quadrangle, the proposed Bank is located in the Baldwin Swamp watershed with elevations within the Bank tracts ranging from 14 feet to 17 feet above mean sea level (Figures 7 and 8). 8.2 Soils and Edaphic Conditions The dominant mapped soil series at the proposed Bank is Tuckerman fine sandy loam (Fine - loamy, mixed, active, thermic Typic Endoaqualfs); this is an alfisol with well -developed soil horizons (Figure 10). Other soils include: Osier loamy sand (Siliceous, thermic Typic Psammaquents), Pactolus loamy sand (Siliceous, thermic, coated Aquic Quartzipsamments), and Lakeland sand (Siliceous, thermic, coated Typic Quartzipsamments); these soils are entisols with poor horizon development, indicative of their position recently deposited floodplains. These and other soils mapped for the Bank tracts are listed and described in Tables 7 and 8. In general, the soils in the Bank tracts range from excessively -drained sands to poorly drained sandy loamy. These soils are typical for the floodplain terraces along the north side of the Tar River in Pitt County. They have been used chiefly for row crop agriculture, sand mines and forest production. The character trees selected for planting in the Bank tracts will be adapted for the range of soil and drainage conditions in each tract. It follows then, that those species best adapted for sandy, well -drained soils or those best adapted for poorly -drained soils will be planted on the most suitable soils and position in the landscape. 15 Table 7. Soil series mapped at the Baldwin Swamp Mitigation Bank. Soil Series Name Map Soil Description Symbol Tract 1, Stream W-3 Tuckerman fine sandy TO Poorly drained, infiltration moderate, runoff slow or loam Ponded, seasonally high water table, low fertility. Lakeland sand, 0 to 6 LaB Excessively drained, infiltration rapid, runoff slow, percent slope seasonally highwater table below 5 feet, very low fertility. Pactolus loamy sand Pa Moderately well -drained, infiltration rapid, runoff slow, seasonally hi hwater table, low fertility. Osier loamy sand, loamy Os* Poorly drained, infiltration rapid, runoff slow, seasonally substratum I I high water table, very low fertility. Tract 2, Stream W-4 Tuckerman fine sandy TO Poorly drained, infiltration moderate, runoff slow or loam ponded, seasonally high water table, low fertility. Pactolus loamy sand Pa Moderately well -drained, infiltration rapid, runoff slow, low fertility, seasonally hi hwater table. *Dominant soil along waterway. Table 8. Woodland Suitability Groups for dominant soils at the Baldwin Swamp Bank; from the Pitt County Soil Survey. Dominant Soil Series Woodland Broadleaf trees species preferred for management Suitability and plants Group Tuckerman fine sandy 2w9 Sweetgum, yellow poplar, cottonwood, Shumard's loam (Tu) oak, cherrybark oak, willow oak, water oak, swamp chestnut oak, green ash, sycamore, swamp tupelo, water tupelo. Pactolus (Pa) 3w2 Sweetgum, yellow poplar, green ash, Shumard's oak, cherrybark oak, willow oak, water oak, sycamore, swamp tupelo, water tupelo. Osier loamy sand, 3w3 Soil not suitable for broad -leafs (These soils are best loamy substratum (Os) suited for pine productivity; some broadleaf species may experience high seedling mortality and low roductivi Lakeland sand, 0 to 6 4s2 Soil not suitable for broad -leafs (See above). percent slope 16 8.3 Existing Vegetative Species All the acreage within the two tracts of the proposed Bank was used for row -crop production (sweet potatoes) during the 2019 growing season. This crop was harvested in October 2019 and winter wheat was planted as a cover crop. There are no mature trees within the proposed Bank tracts. Dominant tree species in the general vicinity of the Bank are listed in Table 9, which includes a listing of the dominant ditch bank and stream bank vegetation. Table 9. Existing vegetation in the vicinity of the proposed Bank. Tract 2019 Crop Dominant Trees Within 100 feet of the Tract Stream and Ditch -bank Species Common Names Tract 1 Sweet Sweetgum (Liquidambar styraciflua) Rabbit tobacco, soft rush, potatoes Chinaberry (Melia azedarach) morning glory, black willow, dock, mare's tail, annual grasses Tract 2 Sweet Loblolly pine (Pinus taeda) Rabbit tobacco, soft rush, potatoes Water oak (Quercus nigra) goldenrod, elderberry, sumac, smilax, dock, pigweed, annual grasses 8.4 Potential Constraints on Bank Establishment There are no known physical, logistical, utility, easement, or regulatory constraints to Bank establishment. Along the downstream portion of Tract 1 there is a farm access road; this road will be closed, two culverts will be removed and the roadbed will be ripped and disked to reduce compaction prior to planting the Bank with saplings. In Tract 2 there is a farm road with a culvert separating ditch W-4a from stream W-4b. This farm road will not be removed and a 40-foot wide access road easement will be established so -as to avoid any logistical constraints associated with moving farm machinery and road maintenance. A field drainpipe discharging to W-4 within the road easement will be removed. Drainage District easements are in place on the main stem of Baldwin Swamp but not on the streams and ditches in Tracts 1 and 2, that are tributaries to Baldwin Swamp. 17 8.5 Threatened and Endangered Species The North Carolina Natural Heritage Program (NCNHP) maintains a database that includes state and federally listed species by USGS, 1:24,000 Topographic Quadrangle (NC-NHP: http://www.ncnhp.org/web/nhp). The proposed Bank is located in the northeastern portion of the Greenville SE, USGS Quadrangle and the Bank is situated greater than two miles from the next nearest quadrangle (Figure 8) For this document, only federally listed, Threatened and Endangered Species are required to be listed; for informative purposes only, otherwise federally listed species are included as well in Table 10. The West Indian Manatee, Trichechus manatus, is the only federally listed Threatened or Endangered Species included for the Greenville SE Quadrangle in the NCNHP database (Table 10). It is highly unlikely that the aquatic habitat adjacent to the proposed Bank would support manatees. The canals adjacent to the Bank are highly modified due to channelization, do not support aquatic suitable vegetation that is part of the manatee diet, and are over two stream miles from the deep -water habitats that manatees require. Manatees have been sighted in the Tar River during summer months, but their occurrence is very rare and at the extreme inland extent of their range (http://ncforestry.info/ncnhp/rare_animal_species/rare_animals_2008.pdf). Bald eagles, not listed as Threatened or Endangered, but given special status under the Bald and Golden Eagle Protection Act, have been seen in the vicinity during site visit to the proposed Bank. The agricultural usage of the Bank site and the lack of mature nesting and perching trees generally precludes usage by bald eagles. Similarly, the Bank site does not possess suitable aquatic habitat for the federally listed, species of special concern included in Table 10. Table 10. Federally listed threatened and endangered species in the Greenville SE, USGS Topographic Quadrangle. Also included in table are species otherwise noted as federally listed for the quadrangle C Natural Herita e Program). Species Federal Status Habitat Trichechus Endangered (E) "Manatees live in marine, brackish, and freshwater systems in coastal manatus (West and riverine areas throughout their range. Preferred habitats include Indian Manatee); areas near the shore featuring underwater vegetation like seagrass and Mammal eelgrass. They feed along grass bed margins with access to deep water channels, where they flee when threatened." USFWS: https://www.fws.gov/southeast/wildlife/mammal/manatee/) The species below are not federally listed as Threatened or Endangered but are otherwise noted in the NC Natural Heritage Program database for the Greenville SE USGS Quadrangle Haliaeetus De -listed, "Bald eagles generally nest near coastlines, rivers, large lakes or leucocephalus however, streams that support an adequate food supply. They often nest in (Bald eagle); protected under mature or old -growth trees; snags (dead trees); cliffs; rock Bird the Bald and promontories; rarely on the ground; and with increasing frequency on Golden Eagle human -made structures such as power poles and communication Protection Act towers. In forested areas, bald eagles often select the tallest trees with (BGPA) limbs strong enough to support a nest that can weigh more than 1,000 pounds. Nest sites typically include at least one perch with a clear view of the water where the eagles usually forage. Shoreline trees or snags located near reservoirs provide the visibility and accessibility needed to locate aquatic prey." (USFWS: https://www.fws.gov/arcata/esibirds/baldEagleib_eagle.html) Lampsilis Federal Species of "The yellow lampmussel can be found in many different habitats; cariosa (Yellow Special Concern however, it appears to slightly prefer the shifting sands downstream Lampmussel); (FSC) from large boulders in relatively fast flowing, medium sized rivers and Freshwater medium to large creeks." (NC-WRC: bivalve http://www.ncwildlife.org/Learning/Species/Mollusks/YellowLampmu s sel. aspx#3 3 3 51010-habitat-preferences) Necturus lewsii Federal Species of "It occupies most clean, moderate to swift -flowing streams within its (Meuse River Special Concern range. It is more common in streams greater than 15m wide and I Waterdog); (FSC) deep (Braswell and Ashton 1985). It requires relatively high oxygen Amphibian levels and water quality (Ashton 1985)." (IUCN: http://www.iucnredlist.org/details/59432/0) Sagittaria Federal Species of "Alluvial and tidal swamps, marshes, and stream banks; perhaps most weatherbiana Special Concern frequent in Baldcypress-tupelo swamps." (Grassleaf (FSC) (http://vaplantatlas.org/index.php?do=plant&plant=12) arrowhead); Vascular plant 19 8.6 Cultural Resources An online review of historic sites mapped on the North Carolina Historic Preservation Office website (http://gis.ncdcr.aov/hpoweb/) did not reveal any existing historic sites on the Bank tracts. Similarly, site visits to the Bank parcel did not reveal any existing structures. There were three historic sites mapped that were less than one-half mile from the nearest Bank tract; none of the structures still exist. The Joseph John Nobles House (HPO Site ID: PT0024) was located less than 0.1 miles southwest of Tract 1 on land parcel #01095. The Ward House (HPO Site ID: PT0347) and the Moore House (HPO Site ID: PT0348) were located between 0.3 and 0.4 miles southeast of the Bank Tract 2. The construction, establishment and maintenance of the Bank will have no impacts on these former historic properties. 8.7 Flood Potential The Bank tracts are within the 100-year floodplain designated as AE on the Pitt County Online Parcel Information (https:Hgis.pittcountync.gov/opis/) (Figure 11). There have been three major flooding events within the past 100 years that likely impacted all or portions of the Bank (Table 11). These were floodwater emanating from the Tar River whose main stem is approximately two miles south of the Bank. No known records or measured depth of flooding in the Bank tracts are available for the site, however, based on anecdotal information, floodwaters from Hurricane Floyd likely inundated the entire Bank site in 1999 and to a lesser extent, a flood in 1919 and Hurricane Matthew in 2016 flooded the low-lying portions of the Bank. It is likely that localized flooding from rain events can cause flooding the Baldwin Swamp, its tributaries and associated ditches and adjacent farm fields. Such localized flooding is likely annual or nearly so, but is typically of shorter duration, less depth and less extensive than river flooding. The species of trees selected for planting in the Bank tracts are adapted to both localized and river flooding. 20 Table 11. Major Tar River flood events that may have impacted the Bank. Five Greatest Flood Depth at USGS Estimated Flooding Impacts at Bank Event on Record Gaging Station Tracts* 02084000 09/21/1999 (Hurricane 29.74 ft Entire Bank flood to depth of 3 ft to 8 ft Floyd) 07/28/1919 24.50 ft Low lying areas <14 ft amsl likely inundated 10/14/2016 (Hurricane 24.46 ft Low lying areas <14 ft amsl likely Matthew) inundated 08/22/1940 22.20 ft Unlikely 03/14/1958 19.70 ft Unlikely *Flood impacts were estimated based on comparison land surface elevations (amsl = above mean sea level) at the Bank to observed inundation depths at Bradford Creek Golf Course, located approximately one-half mile south of Bank and with similar elevations. 8.8 Infrastructure The Bank tracts are undeveloped and contain no known impediments to Bank construction. Specifically, in Tract 1 there are no overhead powerlines or underground utilities within or in the vicinity of the tract. There are no known buried tanks, landfills, or illegal dumps within the proposed Bank tracts (EDR Appendix 6). In Tract 2, there are no overhead powerlines or underground utilities within the tract. Between Tract 2 and US 264 is a highway easement with a width of 125 feet outward from the midline of the highway median (NC Department of Transportation, Division 2 Right of Way Office). The highway easement contains an overhead powerline and may contain underground utilities; no trees will be planted within the highway easement or in a manner that would interfere with the powerline or other utilities. A farm road bridge in Tract 2 will remain intact to provide access to adjacent farm fields (Figure 5-13). A drain -pipe adjacent to the farm road but not within the Bank tract, will be removed. There are no known underground sewer lines, natural gas pipelines, above or below -ground electric lines or their rights -of -ways, county drainage district easements, or existing or planned within the proposed Bank tracts. The Bank footprint and conservation easement does not overlap with the highway easement or Drainage District easement. 21 9.0 Proposed Riparian Buffer and Nutrient Offset Restoration Plan In an effort to improve water quality in the Tar River and subsequently downstream in the Pamlico River and Pamlico Sound estuaries, the NC Department of Environmental Quality classified the entire Tar -Pamlico River Basin as Nutrient Sensitive Waters (NSW) in the NC DEQ 2010 Tar- Pamlico River Basinwide Plan (online at: https:Hdeq.nc.gov/about/divisions/water- resources/planning/basin-planning/water-resource-plans/tar-pamlico-2010). As such, various nutrient management strategies have been implemented to reduce nitrogen and phosphorus loading in waters within the basin. One key strategy is to promote the establishment of vegetated riparian areas along natural and man-made water conveyances (ditches, canals, streams) that are within or adjacent to lands in agricultural production. Vegetated riparian areas reduce nutrient in several ways. Permanent vegetated riparian areas remove lands from agricultural production thus those lands do not receive direct application of fertilizer (chiefly nitrogen, phosphorus and potassium) and reduce soil erosion thereby reducing the nutrients (principally phosphorous) that are affixed to sediments. In addition, forested riparian areas separate agricultural lands from waterways, and with deep-rooted trees and stable soils, intercept, uptake and sequester nutrients found in groundwater and surfaces waters emanating from those agricultural lands (Spruill 2004, Klapproth and Johnson 2009, NC Conservation Network 2016). A goal of the proposed Bank is to convert existing agriculture land adjacent to the streams and ditches into a riparian restoration site. This entails establishing and preserving, through conservation easement, a 200-foot wide (maximum) vegetated riparian zone adjacent to qualifying streams and ditches in the Bank project area. Once established, the vegetation in this zone will consist of planted native tree species and, through natural succession, colonizing herbaceous, shrub and tree species. 9.1 Site Preparation and Sapling Planting at the Bank Parcel The 2019 crop of sweet potatoes was harvested in October 2019. The residual crop stubble was disked and the cropland was planted with a cover crop of winter wheat. Prior to planting the Bank, the tops of the stream and ditch banks will be mowed (Table 12). The existing vegetation on the stream and ditch banks primarily consists of dogfennel, ragweed, pigweed, blackberry, and 22 bahia grass, and woody saplings of black willow. Prior to planting the a sub-soiler (ripping blade) will be used to reduce soil compaction and any existing plow pan in planting lanes; ripping serves to facilitated root establishment and development of planted saplings. Soil samples from each tract have been submitted to the NC-DA&CS Agronomic Division for analysis. Pending the results and recommendations from of the soil analysis, GES may opt for a one-time application of fertilizer and/or agricultural lime to planted saplings. An appropriate seed mix of pollinator -rich annual and perennial herbaceous species will be applied when seasonally appropriate for germination, to provide ground cover for soil stabilization, reduction of soil erosion and improve wildlife habitat thereby increasing the ecological uplift of the Bank. In addition, and depending on availability, woody and semi -woody live stakes and root divisions of black willow, buttonbush and elderberry, native sunflower and milkweed will be planted in suitable sites within the Bank. Table 12. Summary of site preparation, planting and monitoring activities. Activity Projected Dates Description Mowing stream February — April Use tractor equipped with rotary mower to mow project and ditch banks 2020 area as needed. Ripping February — April A tractor equipped with a sub-soiler implement will be planting lanes, 2020 used to rip planting lanes. An excavator will be used to ripping road prepare road -bed and remove culverts. bed, removing culvert and drain pipe Boundary February — April Mark outer boundaries of the Bank tracts. marking 2020 Plant saplings February — April Manual planting of saplings, live stakes and ground 2020 cover. Monitoring plot February — April Establish seventeen, 0.0247-acre monitoring plots in establishment 2020 the Bank tracts. Monitoring plot March — May Monitoring plot survey and As -Built Report survey and 2020 preparation and submission. reporting 23 The Bank will be planted with a mix of "character tree" species during February / March of 2020 while the bare -root saplings are dormant. "Character trees" are defined as planted or volunteer species identified from a survey of local vegetation on less degraded sections of the specified stream and from reference literature that details native species. Saplings of character tree species may be purchased from the North Carolina Forest Service, Claridge Nursery in Goldsboro, NC and Native Forest Nursery in South Chatsworth, GA. The character tree species chosen will be based on their suitability to site and soil conditions as well as their availability. The species selected for planting and quantities that will be planted to achieve target density are listed in Table 13. Soil conditions range from moderately well -drained loams to poorly -drained silt loams. On -site conditions affecting the hydrologic properties of the soils including topographic variation (slopes and flats), drainage ditches, stream channelization, and vegetative cover and land use. Tree species will be planted according to their adaptations to on -site soil and topographic conditions. River birch (Betula nigra) and silky dogwood (Cornus amomum) will be planted along stream margins and in areas prone to standing water on the more hydric soils. Black walnut (Juglans nigra), cherrybark oak (Q. pagodaefolia), white oak (Q. alba), yellow poplar (Liriodendron tulipifera) mockernut hickory (Carya tomentosa) and persimmon (Diospyros virginiana ) and live oak (Q. virginiana) will be planted in mesic soils. It should be noted that, based on drainage and site reconnaissance, all five of the species selected for planting should perform well throughout the site. The target density of planted trees at the end of the required five -years of monitoring is 260 trees per acre with no one species being greater than 50% of planted stems. To achieve this target density, tree saplings will be planted in rows ten feet apart and at intervals of approximately ten feet along the rows, thus a 10-foot by 10-foot spacing. The resulting density will be 435 saplings per acre. Planting at a density of 435 saplings per acre allows for an approximately 40% sapling mortality rate. An estimated 9178 saplings will be planted on the approximately 21.1-acre proposed Bank. Bareroot saplings will be manually planted while dormant during winter (February through April) of 2020. An "As -Built Report" will submitted to NC-DWR after all site work is completed and it will include a summary of the planting efforts and a finalized topographic survey indicating exact square footage within the Bank. Also, any deviations in planting design or species composition from those elucidated in this document will be explained 24 and justified in the "As -Built Report". Figure 12 indicates the "footprint" of the Bank area proposed for planting with native tree saplings. Table 13. Character trees proposed for planting at the Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation Bank. Greene Environmental Services, LLC. Scientific Name Common Name Targeted Vegetative Number Soil Stratum Proposed Conditions for Planting Betula nigra River birch Mesic / Subcanopy H dric 978 Carya tomentosa Mockernut Mesic Canopy hickory 800 Cornus amomum Silky dogwood Mesic / Subcanopy H dric 600 Diospyros American Mesic Subcanopy vir iniana Persimmon 800 Ju lans ni ra Black walnut Mesic Canopy 800 Liriodendron Yellow poplar Mesic Canopy tuli i era 700 uercus alba White oak Mesic Canopy 2000 Quercus Cherrybark oak Mesic Canopy 1500 a odae olia uercus vir iniana Live oak Mesic Canopy 1000 Total 9178 10.0 Monitoring and Maintenance Plan The Bank will be monitored annually for a minimum of five years, or until the NC-DWR success criteria have been met. Supplemental planting or other site modification deemed necessary to achieve success criteria will be documented in the annual monitoring report for that particular year. GES will take measures necessary to maintain a sufficiently dense herbaceous layer to prevent bare areas and reduce soil erosion. Vegetative success will be monitored within the restored riparian areas and a monitoring report will be provided to NC-DWR no later than December 31St for each of five years or until success criteria have been met. The report will include summaries of the monitoring plot data (stem counts, stem heights, and stems per acre estimates) monitored in accordance with the CVS-EEP Protocol for Recording Vegetation (CVS-EEP, v. 4.2) for Level 1 monitoring (planted species only. Plots measuring 100 m2 (lOm x 10m) (0.0247 acres) will be permanently established at the approximate 25 locations identified on Figure 13. A map of plot locations and coordinates of the plots will be provided in "As -Built Report" that will be prepared after all planting and site work is completed. All stems in the plots will be flagged with plastic flagging tape. Plots will be established in each of the two tracts based on the final acreage in accordance with the MBI. A minimum of two percent of the Bank acreage is required to be in monitoring plots, thus 0.42 acres of the approximately 21.1-acre Bank. Eighteen IOm x IOm plots contains 0.44 acres, thus slightly (0.02 ac) more than the required monitoring plot acreage pending a final topographic survey to determine the exact acreage of the Tracts and Bank. Expectedly, based on current acreage estimates, Tract 1 will contain ten monitoring plots designated BS-1 through BS-10 (Figure 13), and Tract 2 will contain eight monitoring plots designated BS-I I through BS-18 (Figure 13), for a total of eighteen monitoring plots. Plant species composition, survival rates, character species density and tree height for each planted stem will be recorded within each plot, as well as general notes on problems encountered or unique situational developments. In addition, any naturally colonizing saplings greater than or equal to 0.5 in in height will be similarly recorded. Photographs of each plot from the same plot corner (northwest corner) will be included in the annual monitoring reports to provide NC-DWR with a snapshot of the site success each year. At the end of the five-year monitoring period, a target density per acre of 260 planted trees is required, in accordance with the MBI. Additionally, no one species should account for more than 50 percent of the planted stems. Monitoring will take place between late August and October of each monitoring year. Monitoring data will not be collected until at least five months post -planting and seeding, and the first annual monitoring report will be submitted by December 31, 2020. The projected final annual monitoring report, pending approval by NC-DWR, will be submitted by December 2024. 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 NC-DWR. Signage will be installed at prominent locations along access roads and paths, and tract boundaries, to identify the Bank tracts as protected, conservation areas when all site construction and riparian restoration is completed and before DWR's As -Built walkthrough. The signs will be maintained by Greene Environmental Services, LLC for the duration of the five-year monitoring period. The signs will list prohibited activities within the Bank (e.g., mowing or cutting vegetation, excavation or 26 deposition of spoil material, vehicular traffic), as well as contact information for Greene Environmental Services, LLC. Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by marker, bollard, post, tree blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. 11.0 Long Term Maintenance and Protection Upon the approval of this BPDP planning document and as part of the riparian buffer restoration activities, a conservation easement will be placed on the Bank parcel. A draft of the conservation easement for the Bank is provided in Appendix 7. The approximate boundary of the proposed easement is depicted in Figure 14. The Bank Sponsor, Greene Environmental Services, LLC (GES), will be responsible for Bank maintenance and monitoring to ensuring that the terms of a conservation easement are met for five years, beginning in 2020 and ending in 2024, or until NC- DWR approves a final oversight closeout. GES will transfer the conservation easement to a NC- DWR - approved long-term steward (Grantor) that has been approved prior to the submittal of the Year 4 Annual Monitoring Report. The Grantor will assume the responsibilities of maintaining the conservation easement and the integrity of Bank Parcel boundaries using posts, bollards, and signage identifying the Grantor as the responsible entity. The Grantor will conduct annual sight visits to inspect the Bank parcel and maintain records to that effect. 12.0 Financial Assurance Upon approval of the "As -Built Report", Greene Environmental Services, LLC will provide financial assurance in the form of a monitoring bond to ensure that adequate funds are available for completion of the maintenance and monitoring outlined in this BPDP document (Section 10.0) and in the MBI. The amount of the monitoring bond shall be sufficient to cover all costs associated with monitoring and maintenance of the Bank but shall not be less than $100,000. Bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to NC-DWR with each annual monitoring report when applicable. NC-DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. GES will not utilize a financial 27 assurance bond for Bank construction. 13.0 Riparian Buffer Mitigation and Nutrient Offset Mitigation Potential The proposed Bank is located in Tar -Pamlico River, Pamlico Sub -basin, HUC 03020103 (Figures 2 and 3). Riparian buffer and nutrient offset credits will be available for development activities requiring mitigation and offsets in this HUC only. The projected acreage of the Bank totals 20.11 acres. However, to meet diffuse flow requirements as per guidance from NC-DWR, 0.1 acre (4356 ft) of credit Tract 1 and 0.1 acre (4356 ft2) of Tract 2, for a total of 0.2 acres (8712 ft), will be subtracted from the eligible credits for the Bank. Of total eligible credits, the Bank is projected to provide 447,038 ft2 of Tar- Pamlico riparian buffer credits and a projected 461,400 ft2 of nitrogen and phosphorus nutrient offset credits; the exact acreage will likely differ pending a certified boundary survey that will be conducted post -bank construction (Table 14). The final, adjusted acreages and square footages, and riparian buffer and nutrient offset yields will be submitted with the "As -Built Report". The NC-DWR, Nutrient Offset and Buffer Mitigation Program provided an on-line credit calculation tool that was used to determine riparian buffer mitigation and nutrient (nitrogen and phosphorus) offset credits generated by the Baldwin Swamp Bank (https:Hdeq. nc.gov/about/d ivis ions/water-resources/water-q u a I ity-perm itti ng/401-buffer-perm itti ng- branch/nutrient). A spreadsheet template: The Working Buffer Mitigation Tool v2 2019 08 08 (5) was used to calculate Bank credits and the results are provided in Table 14. Riparian buffer credits are generated on a per square -foot basis, thus the Bank will generate 447,038 ft2 of riparian buffer credits. Nitrogen credits are generated at a rate of 19.16394 ft2 per lb-N basis, thus 461,400 ft2 of Bank designated for nutrient credits generates 24,076.469 lb-N credits. Phosphorus credits are generated at a rate of 297.54099 ft2 per lb-N basis, thus 461,400 ft2 of Bank designated for nutrient credits generates 1,550.711 lb-P credits (Table 14). The Bank Sponsor (GES) will maintain and keep updated, three credit ledgers; one ledger will be for riparian buffer credits, one ledger for nitrogen nutrient offset credits and one ledger for phosphorus nutrient offset credits. For this site, all riparian areas proposed in Table 14 for riparian restoration were determined by NC-DWR to be in agriculture. Therefore, riparian buffer restoration credits shown in Table 14, can be used for either Tar -Pamlico riparian buffer credits 28 or nutrient offset credits, but not both. The Sponsor (GES) must submit a written request and receive written approval from NC-DWR prior to any credit conversions or transfers to the buffer and nutrient offset credit ledger 14.0 References Klapproth, J.0 and J.E. Johnson. 2009. Understanding the Science Behind Riparian Forest Buffers: Effects on Water Quality. Virginia Cooperative Extension online publication: http://pubs.ext.vt.edu/420/420-151/420-15 I.html Lee, M. T., Peet, R.K., Roberts, S. D., and Wentworth, T. R. 2008. CVS-EEP Protocol for Recording Vegetation Level 1-2 Plot Sampling Only. Version4.2. North Carolina Conservation Network. 2016. North Carolina's Riparian Buffers: A Scientific Review. Online publication: http://www.ncconservationnetwork.org/ Shafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NC Department of Environment and Natural Resources, Raleigh, NC. Spruill, T.B. 2004, Effectiveness of riparian buffers in controlling groundwater discharge of nitrate to streams in selected hydrogeologic settings of the North Carolina Coastal Plain, Water Science and Technology 49:3. 29 Table 14. Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Bank, Project Number: 2017-0833v2, Project Mitigation Credits Summary of riparian buffer components and projected mitigation credits generated by the Bank (See Figures 5-B and 5-C for map areas corresponding to Feature Names). TarPamlic.0i•2•IHI Service Area 19.:16394 N 0redit Ratio (stfcredi] 297.540" P Credit Ratio (sf/credit] Ge6t Type Location Subjrat7 [otter NO if eyfremrala ditdt' Fettty re Type f.6d8.ti.n Activity Mii-htex fWffa Width {tt] FesNeName Tarsl Ares [d} Taml Itre6ta6k) Are. of Buller M iw. 6,md Ged§t Reti.(><IJ Xra Credit F.ral crt6t R.ti. [x:Il C..--v6l. 1. Riparian B.iFr? Fpmian BtAiee Cretins Camrrstibte bNf"t t 0t1xt7 Dd&-ed NraokrrtOffset: N(lee) Ddivered. 00rot: P{R,sj Nt: PIR buffer Rural Ye; I/P Rect.-anon 0-10• W-3c 250,DDD 250,000 1 lw%A 1.60ow 250.000.D00 N. — — Buffer Rural N. O6tdh Rest.rati.n 0.50 W-3h HOW 14.1A4 ] am 1.00WO Ye: U11440UB N. — — Buffer Rural N. pitch It tD-Ai.n =6-50 W-5h 11250 U250 1 1007e 1.00000 Ye•. 1125Q000 N. — — Nwk,,tO zrt Rural YesJR, Pert—ti., 101-2.0 W-3c 170'Wo 17o," 1 33% 3.43*30 No — Yes 8,B70.827 571.350 Nutrkm OfFsn Rural Ye:cm-Ai.n '50-200 W-3b MAW 36,4W 1 33% 3.03.50 N. — Yes 1899.401 122.336 Buffer Rural Ye;at.rat- 0-50 W4b fi1A00 56,644 1 rem 1.03000 Yes 5fi,664000 N. Buffer Rural Ye:st.rstion o-10• W 4h 115,00o SSS,aDo 1 rem 1.40000 1'es 115.0W.QID N. — — Nuum,tOfFset Racal Yen-t—ti.n 101-20a W-0b 117,DDD 117,ODD 1 33% 3.03030 N. — Yes 6,105.216 393223 Nv".,:t Qfiirt Rural Noet.mi— ►5o W4a 46AW -'&OW 1 fo0% 1.•0000 N. — 1es 2. 000.341 152.fi01 Nutrient Offset Rural N.rt—t.. 4-100 '.VAa 92A00 92,000 1 100'.e 1.00000 N. — 1'es UW.663 309201 * W-3b measures 0-46' for butler credit & 46-200' for nutrient offset TOWS:! 917,150 { WSA38 ] Enter Preservation Credits Below Higiblefor Preservation JA;1 149.o13 Preservation Area 5ub llil l (Sf]= Q _ Preservation as "otal Area of Buffer Mitigati•n: D.a1I Ephemeral neaches as %Total Area of Buffer Mitigation: OLO% 1.The RancensnlakebufferrLdwalkmsrxncdiuhmto-mdassiEcdassubjectam dirl;to15ANCACO2B.C250(5)(a). 30 TOTAL AREA Or BUFFER WrIGATION (TAB1vl) Mitigation Totals Square Feet CreQla Restoration: 4470M 447A3a:D•a Enhancement: • 0060 Preservation: 4 0,000 Total Riparian Buffer: 4±-038 447.039.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet CreQrts Nutrient Other I Nitrogen: JPhosphorusj 461,400 24,076469 1,550.7L1 New Roanoke Tar -Pamlico Chowan Pasquotank River Basin River Basin River Basin River `Basin River Basin VvataLma River El sin French Broad River Bach Little Tennessee �• � -�--• � '.s. _� `" River Basin Broad - River Basin - _ �- Hiwassee Savannah y River Basin River Basin Meuse C�dawba Yackin River Basir Diver Basin River Elwin " -+ White Oak r River Basin Lumber Cape Fear River Basin River Basin Figure 1.Approximate location of Baldwin Swamp Mitigation Bank (red arrow) within the Tar River watershed. PERSON WARRREN GRAN FRAN NASH Legend Municipalities County Boundaries 8 Digit Hydrologic Units 03020101 03020102 03020103 03020104 03020105 LIFAX Tar -Pamlico River Basin 2010 Water Quality Plan MARTIN N Miles 0 5 10 20 Figure 2. Tar -Pamlico River Basin depicting the approximate location of the Baldwin Swamp bank within HUC: 03020103. Figure 3. Service Area for Baldwin Swamp Bank located within HUC 03020103. r Jl. EEO e' US 264 -c _ Tract 2 n r �- `— Discharge to Tar AA a�"' River 71 Tract 1 } Old Pactolus Road Greenville, NC j k 41 ••`` s. Google Earth Figure 5-A. Bank Tracts at the Baldwin Swamp Bank. Pitt County land parcel #01095 land parcel (yellow line). Conservation easement boundary is indicated by red line. Yellow arrows represent locations of culverts that will be removed during site preparation. Figure 5-B. Credit Determination Map for Tract 1 of the Baldwin Swamp Bank. Riparian Buffer acreage is shaded in blue, Nutrient Offset acreage is shaded in yellow. Black arrows indicate direction of stream flow. Figure 5-C. Credit Determination Map for Tract 2 of the Baldwin Swamp Bank. Riparian Buffer acreage is shaded blue, Nutrient Offset acreage is shaded yellow. Black arrows indicate direction of stream flow. �z�ra aexrl 54 i ITS ao� 23317 181 d+G 36T70 023M dP 321 L - i 2� J11 EM095 226'196 ' 473 U9i32 93225 +$1477 A`913 22717 �, HF " � � 561AS MAI 59170 1) 62174 S= _ ��yyryry++ 022 4 gyp }n + Gibr� 225M 23606 19W W609 1$1 1 1267 t 21713 Figure 6. Baldwin Swamp Bank tracts within Pitt County land parcel #01095 and depicting Drainage District laterals (blue lines). Drainage District easement on the south side of Baldwin Swamp is 40 feet wide; the easement on the north side is 20 feet wide. 77­,T3D' 77111. ulijfl-- 7716. P'15'3C' TT115 :43 j 9 3 194 &Y' 0 'j 5 'P.. 9f, '5 --can h6M' M. �Ij Ba Tract 2 W*" I 9P 7 + - - - - - - S am L law .W. t Wye L Rud.- 3ti rdad Run 47. ...... . B art, p,pr Tarp. Creek River _ + 47 2 2 4k Figure 7. USGS Quadrangle excerpt. Greenville, NC SE 1:24,000 depicting the location of the Bank and named streams in the vicinity of the Bank. Bank Tract 1 and 2 are within red boxes. Gridlines represent 1 km. 4 - • r l V. � � I f ^_ If ` , C—,'i Ele Se mytopo Figure 8. Greenville SE, USGS Quadrangle. 1:24000 scale. The Baldwin Swamp Mitigation Bank is located in the upper right portion of the map and is designated by the red rectangle. �. =NAL OF Tract 1 - x W-3 ow d Aioilp f~ � AN Dad L �; W-4 Figure 10. Pitt County Soil Survey Map Sheet 36 depicting the tracts of the Baldwin Swamp Mitigation Bank. Dominants mapped soils are: Tuckerman fine sandy loam (Tu), Pactolus loamy sand (Pa), Lakeland sand (LaB), and Osier loamy sand (Os). ;79-8-5524654 21975 - 0 47 1� 2:r:142 2 1973 08939 '2111 10355 ;3477 22:7}5 02224 VJ .5.f 42310� 1300 13301 0495 04463 11370 02330 0 16404 11370) 02329 56174 66309 6733 l 22897 22693 ,6143 7.4 2 y}347 'I 9.3 39 13311 889 `MJV M 48 Figure 11. Floodplain map of vicinity including the Baldwin Swamp Bank (yellow rectangles). Streams W-3 and W4 are in the flood zone designated AE (Blue: NC Flood zone: AE 100-year flooding with base flood elevation (BFE) determined). Source: NC Floodplain Mapping Program and Pitt OPIS. Figure 12. Bank "footprint" proposed for planting with a mix of native tree saplings. Areas to be planting are shaded in green. Plantings will extend from the tops of ditch and stream banks landward to minimum of 50 feet and a maximum of 200 feet. Figure 13. Monitoring plot locations; plots (blue squares, not to scale) are 0.0247 acres (1 Om x 1 Om). Plots BS-I to -10 are in Tract 1; plots BS-11 to -18 are in Tract 2. Figure 14. Approximate conservation easement boundary (red lines). Total area under easement is an estimated 2 1. 1 acres. The legal conservation easement boundary will be established in a post -bank installation boundary survey that will be included in the As- Built Report. Yellow arrows denote where conservation easement boundaries extend across tributary ditches as per guidelines provided by NC-DWR to meet diffuse flow criteria (Appendices 4 and 5). Appendix 1 Representative Photographs the Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation Bank Appendix 1: Representative Photographs of the Baldwin Swamp Bank Stream W-3 August 2019 Stream W-3 Buffer Area, Sweet Potato Crop, August 2019 Stream W-4 August 2019 Stream W-4 Buffer Area, Sweet Potato Crop, August 2019 Appendix 2 Stream Determination Report by the NC Division of Water Resources for the Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation Bank -� C1. Water Resources Environmental Quality Ham Equipment, LLC ATTN: Bobby Ham Ham Farms, 963 HWY 258 S Snow Hill, North Carolina 28580 September 13, 2017 Subject: On -Site Determination for Applicability to Tar -Pamlico Riparian Buffer Rules (15A NCAC 02B .0259) Subject Property/ Project Name: Baldwin Swamp Mitigation Bank Address/Location: Sunnyside Road; Greenville, NC. Stream(s) Evaluated: UTs to Baldwin Swamp (5) Determination Date: July 31, 2017 Determination Type: Staff: Chris Pullinger ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director 17-0833 PITT County Buffer: I Stream: I ❑ Neuse (15A NCAC 02B .0233) ® Intermittent/Perennial Determination ® Tar -Pamlico (15A NCAC 028 .0259) ❑ Catawba (15A NCAC 02B.0243) ❑ Jordan (15A NCAC 028 .0267) (governmental and/or interjurisdictional projects) ❑ Randleman(15ANCACO2B.0250) ❑ Goose Creek (15A NCAC 02B .0605-.0608) Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo 17-0833 W1 ditch X 17-0833 W1 Begin 17-0833 W1 End X 17-0833 W2 ditch X 17-0833 W2 Begin 17-0833 W2 End X 17-0833 W3 ditch X 17-0833 W3 Begin 17-0833 W3 X X 17-0833 W3 P X 17-0833 W3 17-0833 W3 End X X 17-0833 W4 ditch X 17-0833 W4 Begin 17-0833 W4 X X 17-0833 W4 P X 17-0833 W4 17-0833 W4 End X X 17-0833 WS ditch X 17-0833 W5 Begin 17-0833 W5 End X "E/1/P = Ephemeral/Intermittent/Perennial The Division of Water Resources has determined that the streams listed above and included on the attached map have been located on the most recent published NRCS Soil Survey of Pitt County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Tar -Pamlico Riparian Buffer Rule. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or not present on the property. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DW R may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. -�`� Nothing Compares"-.-.. State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service; C/o Karen Higgins DWR —401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC27699-1617 If sending via delivery service (UPS, FedEx, etc.): c% Karen Higgins DWR — 401 & Suffer Permitting Unit 512 N. Salisbury Street Raleigh, NC27604 This determination is final and binding as detailed above, unless an appeal Is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any Inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3922, Sincerely, epu I:q Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy LASERFICHE David Knowles (via e-mail: ocesdk@gmall.com) Katie Merritt, Central Office (via e-mail: katle.merrittOncdenr.gov) Greene Environmental Services (via e-mail; Irbecker[onbellsouth.net) - rL 2017-0833 = :�� « Baldwin Swamp Mitigation Bank _ u� �� _�-� �.�.k"•' ice- h _ N01di �rmcnm�rrp- A., it ManagememCommissbn — A Division q(Water R rr For Bawn BwW _ _-Revlavvad by � J �3- u �. __ a ------ -- 0 ®• - 4-- -- 1 0 3 1535 t S7 0� N1I� 0 0: RA 0 poe 01 0: 09 0. _ �• 4 ;� Ar �(L_GSG SLR ✓ � • ..�_. -� .���. . 9Y561 _._ _. �' '} ..ems'- ��• --� _, • \ � � C811• =y Mobile Harney, + y New Belden ` F irk • �.�,� w - Greenville —» ,',,St Pow Ch Iq' - � z �`_ _= =•wit'. ! � , �' - �� l f Google Earth Gooyic- y. n- P Y�r Y ■ Appendix 3 Site Viability Report by the NC Division of Water Resources for the Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation Bank Water Resources ENVIRONMENTAL QUALITY November 27, 2017 David Knowles Greene Environmental Services, LLC 2813 Jefferson Dr. Greenville, NC 27858 (via electronic mail: juncusIL)yahoo.com ) ROY COOPER Governor MICHAEL S. REGAN secretary LINDA CULPEPPER Interim Director Re: Site Viability for Buffer Mitigation & Nutrient Offset — Baldwin Swamp Mitigation Site Tar -Pamlico River Basin — 03020103 HUC Off Old Pactolus Rd, Greenville, NC Pitt County Dear Mr. Knowles, On July 18, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Greene Environmental Services, LLC (GES) for a site visit near the above -referenced site in the Tar -Pamlico River Basin. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset. On July 31, 2017, Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the attached map labeled "Baldwin Swamp Site Map". Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank JOB) out to 200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 'Subject Riparian Land uses of Buffer 2Nutrient Mitigation Type Determination w/in riparian in the field Feature onsite areas ID to Buffer Credit Offset Viable Rule at 2,273 0-200' Viable Ibs acre W1 Ditch No Right Bank = grassed No Yes (soybean Restoration Site per 15A NCAC 02B .0295 (n) soccer field with some fields only) row crop agriculture Left Bank = row crops W2 Ditch No Row crop agriculture No Yes Restoration Site per 15A NCAC 02B .0295 (n) to canal Canal Stream Yes adjacent Drainage No No N/A District easement W3 (a) Ditch No N/A No No N/A See map Feature is hydrologically connected to another ditch W3 (b) Ditch No Row Crop agriculture No Yes Restoration Site per 15A NCAC 02B .0295 (n) See map State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919 807 6300 Baldwin Mitigation Site GES November 27, 2017 Feature Classification 1Subiect Riparian Land uses of Buffer Credit 2Nutrient Offset Viable Mitigation Type Determination w/in riparian ID in the field to Buffer Feature onsite areas at 2,273 Rule 0-200' Viable Ibs acre W3 (c) Stream Yes Row Crop agriculture Yes Yes (ag fields Ag Fields - Restoration Site per 15A NCAC 02B to canal with some forested only) .0295 (n) areas Forested Areas — 3Preservation Site per 15A NCAC 02B .0295 (o)(5) W4 (a) Ditch No Row Crop agriculture No Yes Restoration Site per 15A NCAC 02B .0295 (n) Hwy to farm rd W4 (b) Stream Yes Row Crop agriculture Yes Yes (ag fields Ag Fields - Restoration Site per 15A NCAC 02B with some forested only) .0295 (n) Below areas farm rd Forested Areas —3Preservation Site per 15A to NCAC 02B .0295 (o)(5) property line W5 Swale No N/A No No Not hydrologically connected to a stream,ends in field 'Subjectivity calls for the features were determined by DWR in correspondence dated September 13, 2017 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. Features onsite that will be restored into stream channels are labeled as "not evaluated' in the table. 2 NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. 'The 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. The map that is attached to this letter was prepared by DWR and initialed by Ms. Merritt on November 27, 2017. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. Page 213 Baldwin Mitigation Site GES November 27, 2017 This viability assessment will expire on November 27, 2019 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. KAH/km Attachments: Baldwin Swamp Site Map cc: File Copy (Katie Merritt) Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 313 Baldwin Swamp Site Map — prepared by DWR 'NA S c� ire 534.).•A A • e S�ccer �ie,\d Appendix 4 NC-DWR Correspondence From: Merritt, Katie <katie.merritt(a)_ncdenr.gov> To: David Knowles <0uncus1yahoo.com> Cc: Becker email <jrbecker bellsouth.net> Sent: Wednesday, November 20, 2019, 12:22:11 PM EST Subject: RE: [External] GES Baldwin David, My comment regarding that ditch mid -way of W4 was as follows: "mid -point along W4, appears to be a break in the Conservation Easement due to this second ditch. With a ditch directly draining into the stream and not part of the project, this does not meet diffused flow. In order to meet diffused flow, DWR would prefer this ditch to be buffered as part of the project. Please explain how GES will meet the diffused flow requirement." My comment above is confusing and I apologize. The intent for that comment was to address the non - diffused flow issue of the mid -way ditch coming into the W4 stream. There are two ways you can meet the diffused flow requirement in 15A NCAC 02B .0295 (L)(3) as shown below. Either (1) eliminate the ditch within the project area or (2) see text below... If you choose Option 1 above, then the ditch has to be disconnected, filled and planted. The area that was filled and planted can then be used for buffer or nutrient offset credit as measured off the stream a maximum of 200'. However, in the BPDP, you would have to provide written confirmation from DOT that the plugging of this ditch and the alteration of its hydrology would not adversely impact (from flooding or ponding the DOT ROW or Rd. Additionally, the activity of using fill material to fill this ditch may require a 404 permit from the USACE if they were to call this ditch "jurisdictional". Written Communication from the USACE would also be required to be in the BPDP. Based on the MBI language you included in Item F of Section IV (pg 4), 1 assumed you intended to use the DWR Clarification Memo on diffused flow (see memo attached to this email), which would be appropriate to comply with Option 2 above. For this specific mid -way ditch/stream situation, GES has only 2 scenarios under this Clarification Memo they can apply. GES has to choose either Scenario 1 or Scenario 2, both require the conservation easement to include the ditch at least a minimum of 50' measured off the stream channel and both scenarios include a 0.1 acre credit deduction. This is what I meant by "buffering the ditch" in my BPDP comment. I also assumed that GES was also planning to apply this Memo to W3 (a), since GES states in Section 4.0 of the BPDP (pg 7) that it will be disconnected and filled. Now, considering the possibility that this could have adverse effects to Sunnyside rd from possible ponding, DWR does not fill that disconnecting W3(a) is an option. Therefore, DWR recommends GES not choose Option 1 of the rule above, and instead apply Scenario 3 in the DWR Clarification Memo to comply with Option 2 of the rule above. I'll be back in the office around 3 if you need further assistance. I'm also in tomorrow. Thanks, Katie Appendix 5 Request for inclusion of Ditch W-3b at the proposed GES, Baldwin Swamp Bank as eligible for riparian buffer mitigation. Greene Environmental Services, LLC is submitting the following information regarding the proposed Baldwin Swamp Riparian Buffer Mitigation and Nutrient Offset Bank in Pitt County, in response to guidance (Appendix 4) from the NC Division of Water Resources and a Site Viability Assessment conducted by the NC Division of Water Resources (Appendix 3). The guidance document from NC-DWR dated November 20, 2019 indicated that a tributary ditch to Stream W-3c (Appendix 3, Figure 1) may be eligible for riparian buffer mitigation if the following cited Tar -Pamlico Buffer Rules criteria (Appendix 5, Table 1) were met. Pending approval of this proposal to include Ditch W-3b for riparian buffer credits, a 45-foot wide buffer, 0.3-acre (11,250 ft2) will be establish on the western side of W-3b and a 50-foot wide buffer, 0.4- acre (18,500 ft2) for a total of 29,750 ft2 of riparian buffer restoration (Table 2). However, 0.1- acre (4356 ft2) will be subtracted from this acreage to account for diffuse flow as determined in the guidance document from NC-DWR. Thus, the adjusted riparian buffer credits generated by buffers on Ditch W-3b will be 25,394 W. The guidance document concluded that Ditch W-3b would be eligible for riparian buffer credits landward up to 50 feet from the top of the ditch bank if it met the 15A NCAC 02B .0295 (o)(8) A, B, C &E criteria for stream designation (Appendix 5, Figure 1). GES proposes that criterion D is met for Ditch W-3b as documented from field measurements presented in (Appendix 6, Tables 2 and 3). All additional criteria are addressed in the text that follows. Appendix 5, Table 1. Criteria in the Tar -Pamlico Buffer Rules pertinent to determining riparian buffer eliizibility for Ditches 3 and 5 at the nroaosed Dixon Road Mitigation Bank. 15A NCAC 02B .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS, Subsection: (o): Alternative Buffer Mitigation Options, Restoration and Enhancement of Ditches, (8) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described in this Part, a "ditch" is defined as a man-made channel other than a modified natural stream that was constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of the following criteria: (A) be directly connected with and draining towards an intermittent or perennial stream; (B) be contiguous with the rest of the mitigation site protected under a perpetual conservation easement; (C) stormwater runoff from overland flow shall drain towards the ditch; (D) be between one and three feet in depth; and (E) the entire length of the ditch shall have been in place prior to the effective date of the applicable buffer rule. The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for crediting purposes. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ditch. The watershed draining to the ditch shall be at least four times larger than the restored or enhanced area along the ditch. The perpetual conservation easement shall include the ditch and the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits future maintenance of the ditch. The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for restoration or enhancement. Appendix 5, Table 2. GES response to criteria in Subsection: (o): Alternative Buffer Mitigation Options, Restoration and Enhancement of Ditches, (8) Restoration and Enhancement on Ditches. Criteria for Restoration and Enhancement on Ditches: A: be directly connected with and draining towards an intermittent or perennial stream; As determined on -site by DWR, Ditch W-3b is directly connected to and drains toward Stream W-3c (Appendix 5, Figure 2). B: be contiguous with the rest of the mitigation site protected under a perpetual conservation easement As determined on -site by DWR, the proposed riparian buffer zones associated with Ditches W-3b is contiguous with the Baldwin Swamp Bank. C: stormwater runoff from overland flow shall drain towards the ditch As determined on -site by DWR, stormwater runoff from overland flow drains toward Ditches W-3b. D: be between one and three feet in depth Ditch W-3b is between 1 and 3 feet in depth along the entire length of the proposed riparian buffer. (Appendix 5, Table 2) After receiving the guidance document and Site Viability Assessment, David Knowles, a consultant for GES, measured the depths of Feature (Ditch) W-3b using a surveyor's transit rod emplaced on the ditch -banks of the W-3b at intervals of 20 feet, and measuring to the bottom of apparent ditch thalweg. Ditch W-3b met the 1 ft to 3 ft criterion at all 12 locations measured; the average depth was 24+3 inches (Table 3). E: the entire length of the ditch shall have been in place prior to the effective date of the applicable buffer rule Based on historic imagery in the Pitt County Soil Survey (1974), Ditch W-3b was in place in 1974 and before, thus at least 26 years prior to the effective date of the Tar- Pamlico Buffer Rules (Appendix 5, Figure 3). The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for crediting purposes. The width of the area restored for riparian buffer credits will not be less than 30 feet and will not exceed 50 feet on either side of the ditches. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ditch. A map delineating the ditch watershed is provided in Appendix 5, Figure 4. The watershed delineated on the map was based on field measurements obtain within the proposed Bank parcel (Table 4) and from satellite imagery provided in Google Earth Pro (https://earth.google.com/download-earth.html). Table 4 continues. Table 4 continued. The watershed draining to the ditch shall be at least four times larger than the restored or enhanced area along the ditch. Appendix 5, Table 4 and Figure 3 provides the dimensions of the ditch watershed. The watershed for Ditch W-3b is greater than four times the proposed restoration area. The perpetual conservation easement shall include the ditch and the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits future maintenance of the ditch. The Bank Parcel Development Package for the Baldwin Swamp Bank stipulates that the entire Bank will be placed in a permanent conservation easement that and that future ditch maintenance will not be allowed. The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for restoration or enhancement. The restoration criteria provided in Paragraph (n) of 15A NCAC 02B .0295 Mitigation Program requirements for Protection and Maintenance of Riparian Buffers will be followed and specific criteria are addressed in this Baldwin Swamp Bank BPDP. Appendix 5, Table 3. Areal measurements of riparian buffer sub -tracts on Ditch W-3b. Buffer Segment Buffer Width Buffer Length Square Feet Acres West of W-3b 45 feet 140 feet 11,250 ft2 0.3 acres East of W-3b 50 feet 220 feet 18,500 ft2 0.4 acres Total Area of Buffer Credits Unadjusted 29,750 ft2 0.7 acres Total Area of Buffer Credits (Adjusted) 25,394 ft2 0.6 acres Appendix 5, Table 4. Depths (inches) measured in Ditch W-3b beginning at the downstream end of the ditch at the confluence of Stream W-3 and progressing upstream at increments of 20 feet. Location (feet) Depth (inches) Meets Criteria (1 ft to 3 ft) 0 25 Yes 20 26 Yes 40 25 Yes 60 28 Yes 80 27 Yes 100 25 Yes 120 24 Yes 140 16 Yes 160 24 Yes 180 27 Yes 200 24 Yes 220 20 Yes Average Depth + Std Dev 24+3 Maximum Depth 28 Minimum Depth 16 Number of Observations 12 Annendix 5. Table 5a. Dimensions of watershed aloniz the west bank of Ditch W-3b. Location Along Ditch -bank Decline in Elevation from Landward End of Transect to Top of Ditch - Landward from bank (centimeters / feet) TOB (ft) Transect: A (225 ft) B (225 ft) C (225 ft) Average (225 ft) TOB 94 cm / 3.1 ft 93 cm / 3.1 ft 106 cm / 3.5 ft 98 cm / 3.2 ft 50 77cm/2.5ft 62cm/2.0ft 81cm/2.7ft 73cm/2.4ft 150 59cm/1.9ft 46cm/1.5ft 59cm/1.8ft 53cm/1.7ft 200 38cm/ 1.2ft 21cm/0.7ft 0cm/0ft 20cm/0.6ft 225 Ocm/Oft Ocm/Oft Ocm/Oft Ocm/Oft The acreage of riparian buffer in this sub -tract is 11,250 ft2. The area of the associated watershed is > 45,000 ft2. The watershed is >4 times greater than the riparian buffer sub -tract. Appendix 5, Table 5b. Dimensions of watershed along the east bank of Ditch W-3b. Location Along Ditch -bank Decline in Elevation from Landward End of Transect to Top of Ditch - Landward bank (centimeters / feet) from TOB ft Transect: D (200 ft) E (200 ft) F (200 ft) G (200 ft) Average 200 ft TOB 48cm/1.6ft 21cm/0.7ft 37cm/1.2ft 79cm/2.6ft 46cm/1.5ft 50 48cm/1.6ft 19cm/0.6ft 31cm/1.Oft 62cm/2.Oft 40cm/1.3ft 150 33cm/l.lft 15cm/0.5ft 24cm/0.8ft 39cm/ 1.3ft 28cm/0.9ft 150 26cm/0.9ft 6cm/0.2ft 8cm/0.3ft 14cm/0.5ft 14cm/0.4ft 200 Ocm/Oft Ocm/Oft Ocm/Oft Ocm/Oft Ocm/Oft The acreage of riparian buffer in this sub -tract is 18,500 ft2. The area of the associated watershed is >75,000 ft2. The watershed is >4 times greater than the riparian buffer sub -tract. Appendix 5, Figure 1. Baldwin Swamp Bank with Ditches W-3a, W-3b and Stream W-3c indicated. Riparian buffer credits are proposed for Ditch W-3b with a 45-foot wide buffer on the west side of W-3b and a 50-foot wide buffer on the east side. Appendix 5, Figure 2. Photographs depicting the confluence of Ditch W-3a with W-3b and the confluence of W-3b with Stream W-3c. Appendix 5, Figure 3. Historic Imagery of the Baldwin Swamp Bank in Year 1957. Ditch W-3b is highlighted in blue box and indicates that the site was in agricultural production prior to the establishment of Tar -Pamlico River buffer rul Appendix 5, Figure 3. Approximate watershed boundaries for Ditch W-3b (green polygons). Appendix 6 Environmental Data Resources, Inc. Executive Summary for the Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation Bank Baldwin Swamp Mitigation Bank O Old Pactolus Road Greenville, NC 27834 Inquiry Number: 5744015.2s August 07, 2019 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR ° Toll Free: 800.352.0050 www.edrnet.com FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary ES1 Overview Map----------------------------------------------------------- 2 DetailMap-------------------------------------------------------------- 3 Map Findings Summary 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting Source Map------------------------------------------------ A-7 Physical Setting Source Map Findings---------------------------------------- A-8 Physical Setting Source Records Searched PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5744015.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS O OLD PACTOLUS ROAD GREENVILLE, NC 27834 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 35.6247670 - 35° 37' 29.16" 77.2886390 - 77° 17' 19.10" Zone 18 292734.9 3944543.5 14 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5944944 GREENVILLE SE, NC Version Date: 2013 North Map: 5945659 GREENVILLE NE, NC Version Date: 2013 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20140706 Source: USDA TC5744015.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY Target Property Address: O OLD PACTOLUS ROAD GREENVILLE, NC 27834 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 5744015.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Proposed National Priority List Sites NPL LIENS___________________ Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY ---------- Federal Facility Site Information listing SEMS________________________ Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS------------------ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF----------------- RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG------------------ RCRA- Small Quantity Generators RCRA-CESQG--------------- RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System US ENG CONTROLS --------- Engineering Controls Sites List TC5744015.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL_________ Sites with Institutional Controls Federal ERNS list ERNS________________________ Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------ Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF______________________ List of Solid Waste Facilities OLI Old Landfill Inventory DEBRIS______________________ Solid Waste Active Disaster Debris Sites Listing LCID_________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LAST Leaking Aboveground Storage Tanks LUST ------------------------- Regional UST Database INDIAN LUST________________ Leaking Underground Storage Tanks on Indian Land LUST TRUST State Trust Fund Database State and tribal registered storage tank lists FEMA UST___________________ Underground Storage Tank Listing UST__________________________ Petroleum Underground Storage Tank Database AST AST Database INDIAN LIST ------------------ Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL -------------- No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites VCP Responsible Party Voluntary Action Sites INDIAN VCP------------------ Voluntary Cleanup Priority Listing State and tribal Brownfields sites BROWNFIELDS______________ Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites SWRCY______________________ Recycling Center Listing TC5744015.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY HIST LF______________________ Solid Waste Facility Listing INDIAN ODI__________________ Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations ODI__________________________ Open Dump Inventory IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL______________________ National Clandestine Laboratory Register Local Land Records LIENS 2______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System SPILLS_______________________ Spills Incident Listing IMD__________________________ Incident Management Database SPILLS 90 SPILLS 90 data from FirstSearch SPILLS 80-------------------- SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR--------- RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD_________________________ Department of Defense Sites SCRD DRYCLEANERS______- State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST ------------ EPA WATCH LIST 2020 COR ACTION_ _ _ _ _ _ _ _ _ _. 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS_________________________ Toxic Chemical Release Inventory System SSTS------------------------- Section 7 Tracking Systems ROD Records Of Decision RMP_________________________ Risk Management Plans RAATS_______________________ RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS________________________ PCB Activity Database System ICIS__________________________ Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS________________________ Material Licensing Tracking System COAL ASH DOE Steam -Electric Plant Operation Data COAL ASH EPA______________ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER________ PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS___________________ FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS____________________ Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV_____________ Indian Reservations FUSRAP_____________________ Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS____________ Lead Smelter Sites TC5744015.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US AIRS_____________________ Aerometric Information Retrieval System Facility Subsystem US MINES -------------------- Mines Master Index File ABANDONED MINES Abandoned Mines FINDS ------------------------ Facility Index System/Facility Registry System ECHO ------------------------ Enforcement & Compliance History Information UXO Unexploded Ordnance Sites DOCKET HWC_______________ Hazardous Waste Compliance Docket Listing FUELS PROGRAM___________ EPA Fuels Program Registered Listing AIRS Air Quality Permit Listing ASBESTOS__________________ ASBESTOS COAL ASH___________________ Coal Ash Disposal Sites DRYCLEANERS Drycleaning Sites Financial Assurance_ _ _ _ _ _ _ _ _ _ Financial Assurance Information Listing NPDES----------------------- NPDES Facility Location Listing UIC Underground Injection Wells Listing AOP-------------------------- Animal Operation Permits Listing PCSRP----------------------- Petroleum -Contaminated Soil Remediation Permits SEPT HAULERS Permitted Septage Haulers Listing CCB-------------------------- Coal Ash Structural Fills (CCB) Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP____________________ EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _. EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS-------------------- Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST___________________ Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC5744015.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5744015.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 5744015.2S N _ _ i o i -- I I I V� Target Property Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property A Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 0 114 1/2 1 Miles Indian Reservations BIA 0 Hazardous Substance Power transmission lines Disposal Sites ioo-year flood zone Soo -year flood zone National Wetland Inventory State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Baldwin Swamp Mitigation Bank CLIENT: David Knowles Environmental Consulting. ADDRESS: O Old Pactolus Road CONTACT: David B Knowles Greenville NC 27834 INQUIRY#: 5744015.2s LAT/LONG: 35.624767 / 77.288639 DATE: August 07, 2019 10:20 am Copyright cg 2019 EDR, Inc c: 2015 TomTom Rel. 2015. DETAIL MAP - 5744015.2S N Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants r Sensitive Receptors National Priority List Sites Dept. Defense Sites -Ab. 0 1/9 1/4 1/2 Miles Indian Reservations BIA 0 Hazardous Substance Power transmission lines Disposal Sites ioo-year flood zone soo-year flood zone . National Wetland Inventory State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Baldwin Swamp Mitigation Bank CLIENT: David Knowles Environmental Consulting. ADDRESS: O Old Pactolus Road CONTACT: David B Knowles Greenville NC 27834 INQUIRY#: 5744015.2s LAT/LONG: 35.624767 / 77.288639 DATE: August 07, 2019 10:21 am Copyright cg 2019 EDR, Inc c: 2015 TomTom Rel. 2015. Appendix 7 DRAFT Conservation Easement for the Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation Bank DRAFT Conservation Easement for the Baldwin Swamp Riparian Buffer and Nutrient Offset Mitigation Bank January 18, 2001 Rev 'd October 16, 2002 Revd August, 2003 PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of ,2019 by and between Greene Environmental Services, LLC ("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 Beaufort County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"); WHEREAS, Grantee is [either a public body of this state, an agency of the United States, or a nonprofit corporation or trust whose purpose is the conservation of property], and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; 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: modified streams and ditches, as well as any associated buffers or upland communities. The purpose of this Conservation Easement is to maintain riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank, of Division of Water Resources Project Number 2018- 0466 v2. The Mitigation Bank is intended to be used to compensate for unavoidable stream and/or wetland impacts authorized by permits issued by the Division of Water Resources. Grantor and Grantee agree that third -party rights of enforcement shall be held by the Division of Water Resources, and that these rights are in addition to, and do not limit, the rights of the parties to the Mitigation Banking Instrument. 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 Property described on Exhibit A, 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 Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. 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 Property 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 Property. C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. Sim. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. 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 Property 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 Property, except to restore natural topography or drainage patterns. 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; specifically inclusive of Streams 1 and 2 and Ditches 3, 4 and 5 that are identified in the Bank Parcel Development Package for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank 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 above, on or over the Conservation Easement Property other than for temporary or occasional access for purposes of maintaining the easement area. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property 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 property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, 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, the right to construct riparian buffer and nutrient offset mitigation on the Property, in accordance with the detailed mitigation plan (Bank Parcel Development Package) approved in accordance with the Mitigation Banking Instrument for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank (Division of Water resources Project Number: 2018 -0466 v2). ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and the Division of Water Resources, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property 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 shall also have the right to enter and go upon the Property 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 is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require therestoration of such areas or features of the Property 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 term 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 Division of Water Resources shall have the same right to access and enforce the terms and conditions of this easement as the Grantee. 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 Property 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 Property 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 Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) 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 Property or any portion thereof and shall not be amed modified or terminated without the prior written consent and approval ofthe Division of Water Resources. 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 under N.C. Gen. Stat. § 121-34 et seq. and§ 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement, Mitigation Banking Instrument and Bank Parcel Development Package. If any provision is found to be void or unenforceable by a court of compete 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 provide 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. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Prope lty 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. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property 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. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. 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: Greene Environmental Services, LLC Ham Farms, 963 Hwy 258 S Snow Hill, NC 28580 Fax: (252) 747-9255 To Grantee: To Division of Water Resources: Division of Water Resources Attn Nutrient Offset Banking Coordinator 1650 Mail Service Center Raleigh, NC 27699-1650 J. 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. K. 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 ofthis grant. L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in Section 2.0 of the Bank Parcel Development Package for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank, dated January 2019, 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 Property 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 Property 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. Grantor: , Greene Environmental Services, LLC, Date: Grantee: , Date: