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20160241 Ver 2_BPDP for PN_20180724Bank Parcel Development Plan Stone Creek Mitigation Site (DWR #2016-0241v2) Johnston County, North Carolina Neuse River Basin HUC 03020201 Prepared by: fires Bank Sponsor: EBX-Neuse I, LLC, 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-209-1056 July 2018 Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 1 July 2018 Table of Contents 1 INTRODUCTION.............................................................................................................................. 3 1.1 Parcel Location............................................................................................................................. 3 1.2 Parcel Overview............................................................................................................................3 2 PROJECT AREA — EXISTING CONDITIONS............................................................................. 5 2.1 Physiography................................................................................................................................ 5 2.2 Soils.............................................................................................................................................. 5 2.3 Existing Vegetative Communities................................................................................................6 2.4 Wetlands....................................................................................................................................... 8 2.5 Threatened and Endangered Species............................................................................................ 8 2.6 Environmental and Cultural Constraints...................................................................................... 9 2.7 FEMA Floodplain/Floodway Mapping........................................................................................ 9 3 RIPARIAN RESTORATION, ENHANCEMENT AND PRESERVATION PLAN...................9 3.1 Parcel Preparation.......................................................................................................................10 3.2 Riparian Restoration Activities..................................................................................................10 3.3 Riparian Enhancement Activities...............................................................................................11 3.4 Riparian Preservation Activities................................................................................................. 11 3.5 Planting Plan...............................................................................................................................11 3.6 Easement Boundaries and Fencing.............................................................................................12 3.7 Proposed Credit Release Schedule.............................................................................................13 4 MONITORING AND MAINTENANCE PLAN...........................................................................13 4.1 Monitoring Protocol and Success Criteria..................................................................................13 4.2 Adaptive Management Plan & Parcel Maintenance...................................................................14 4.3 Long Term Management Plan....................................................................................................14 5 FINANCIAL ASSURANCE............................................................................................................15 6 MITIGATION POTENTIAL..........................................................................................................15 7 REFERENCES.................................................................................................................................17 APPENDICES Appendix A— Supporting Figures Figure 1. Service Area Map Figure 2. Project Vicinity Map Figure 3. Existing Conditions Map Figure 4. Conceptual Design Plan for Riparian Buffer and Nutrient Offset Credit Determination Figure 5: Conceptual Design for Stream Mitigation Figure 6. USGS Topographic Map Figure 7. Soils Map Figure 8. National Wetlands Inventory Map Figure 9. FEMA Map Figure 10. Monitoring Map Appendix B - Correspondence Appendix C - Conservation Easement and Plat (will be provided when complete) Appendix D - Existing Conditions Photos (February 8, 2018) Appendix E — Pond Plan Sheet Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 2 July 2018 I INTRODUCTION EBX—Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide this Bank Parcel Development Plan (BPDP) for the Stone Creek Riparian Buffer & Nutrient Offset Mitigation Bank ("Parcel"). This Parcel is designed to provide riparian buffer mitigation credits for unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey (USGS) 8 -digit Hydrologic Unit Code (HUC — 03020201). In addition, it will also provide nutrient offset credits in the HUC - 03020201, excluding the Falls Lake Watershed, for existing and proposed development requiring such mitigation (Figure 1). This BPDP is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295, the Nutrient Offset Rule 15A NCAC 02B .0240 and the RES Neuse Umbrella Mitigation Banking Instrument for Riparian Buffer Mitigation and Nutrient Offset Credits (LIMBI), made and entered into by EBX-Neuse I, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality -Division of Water Resources (DWR). Supporting figures can be found in Appendix A. The BPDP has also been designed in concurrence with the Stone Creek Stream Mitigation Site in the Neu -Con Stream and Wetland Umbrella Mitigation Bank (SAW# 2016-01990). The draft mitigation plan for the Stone Creek Stream Mitigation Site has been submitted to the North Carolina Interagency Review Team (IRT) for review and comment. 1.1 Parcel Location The Stone Creek Parcel is located in Johnston County approximately fourteen miles south of Smithfield, North Carolina (Figure 2). The Parcel is located within Neuse River Basin USGS 14 -digit HUC 03020201150040, a Targeted Local Watershed, and DWR Subbasin Number 03-04-04. To access the Parcel from the town of Smithfield, head south on US -301 S for approximately four miles then continue straight onto US -301 S/US-701 S for seven miles. Then turn left onto Stricklands Crossroads Road and continue for around two miles until taking a right onto Joyner Bridge Road. After about a half mile on Joyner Bridge Road, the access farm road is on the right. The coordinates of the Parcel are 35.349684°N and -78.338352°W. 1.2 Parcel Overview When combining the Stone Creek Stream Mitigation Site with the Stone Creek Buffer and Nutrient Offset Mitigation Bank, the conservation easement will total approximately 41.41 acres and is made up of unnamed tributaries that flow directly to Mill Creek, a direct tributary of the Neuse River. The Parcel is located in an area dominated by agricultural fields, cattle pastures and wooded areas. A majority of the Parcel is currently non -forested and forested pasture that are grazed by livestock however there is a large portion utilized for row -crop production. Additional land use practices including the maintenance and removal of riparian vegetation and the relocation, dredging and straightening of onsite streams h as resulted in degraded water quality and unstable channel characteristics. The Stone Creek Stream Mitigation Site is proposed to provide stream restoration, enhancement, and preservation on approximately 5,375 linear feet of streams within the conservation easement through a separate mitigation banking instrument. Figure 3 shows the existing stream channels and Figure 4 shows the proposed conceptual design for riparian buffer and nutrient offset credits. Figure 5 shows the proposed mitigation areas for the stream mitigation bank. Riparian restoration, enhancement, and preservation of the Neuse riparian buffer (as defined in 15A NCAC 02B .0233) and other riparian areas onsite are Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 3 July 2018 anticipated to result in immediate water quality benefits within the vicinity of the Parcel and will include the removal of livestock access to Parcel streams and reduction in nutrient loads from agricultural land - uses. The riparian restoration activities within the Parcel will also result in improved water quality within the downstream watershed. The project area is comprised of three separate easement locations along multiple drainage features that flow into the Mill Creek floodplain. The easement is separated by two agricultural crossing. The project includes four reaches; UTI, UT2, UT3, and UT4. They range from forested disturbed streams to unbuffered frequently ditched agricultural streams. In the eastern extent of the proposed easement an unnamed perennial tributary, UTI, flows to the southwest starting as a very incised forested channel that had been historically straightened but is now forested and restored itself partially. It then flows out into a field where it becomes a historically ditched and straightened stream. After crossing the field UT1 flows into a hardwood forested wetland area where it flows into UT3. The center of the site consists of perennial tributaries UT2 and UT4. UT2 is a small tributary that historically was created from overflow from a pond and has been heavily impacted and degraded by cattle access however after restoration it will meander through an established forest and the pond bottom that once fed it. UT2 flows almost directly south into UT4. UT4's headwaters are in a ditch dividing two fields. In the field and in the adjacent forest the channel has been highly incised through ditching, so much so that obvious spoil piles can be seen on the left bank of the channel. UT4 flows west until its confluence with UT2 where it starts to flow in the southern direction toward UT3. UT3 is a perennial stream that flows into the project from the west. It flows southeast along the southern border of the project until it eventually dissipates into the wetland floodplain of Mill Creek. Stream Classification Forms were completed at representative locations throughout the project area and stream determinations were confirmed by DWR staff during a site visit on November 20, 2017. Correspondence regarding this determination is in Appendix B. The Stone Creek Bank Parcel is being proposed to restore, enhance, and preserve stream systems with their adjacent riparian buffers and their functions and values to compensate, in appropriate circumstances, for unavoidable stream and riparian buffer impacts and nutrient load reduction requirements. The buffer mitigation plan proposed on this Bank is being submitted for review under the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 as well as conditions specified in the RES Neuse Umbrella Mitigation Banking Instrument Riparian Buffer and Nutrient Offset. DWR staff performed an onsite viability assessment for buffer mitigation and nutrient offset on October 2, 2017. Correspondence regarding this assessment and re-evaluation of the ponds is provided in Appendix B. For purposes of the Stone Creek Riparian Buffer and Nutrient Offset Bank, the Parcel involves restoring riparian buffers and other riparian areas adjacent to mitigated streams onsite. Of the total 41.41 total acres in the conservation easement, 10.22 acres (445,245 feet squared) will be restored for Neuse riparian buffer credit (which is also viable to generate nutrient credit), 3.28 acres (7,455.51 pounds) acres will be restored for nutrient offset credit, 1.98 acres (86,460 feet squared) acres will be enhanced by the removal of cattle from the streams and riparian areas for Neuse riparian buffer credit only, and 0.48 acres (20,691 feet squared) acres will be preserved for Neuse riparian buffer preservation. Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 4 July 2018 2 PROJECT AREA — EXISTING CONDITIONS 2.1 Physiography The Parcel is in the Rolling Coastal Plain Physiographic Province. The site is located on the Mill Creek floodplain and has a gently rolling topography. Elevations range from 100 to 125 feet above mean sea level (NAD 27) based upon United States Geological Survey (USGS) mapping (Figure 6). Four unnamed tributaries on the Stone Creek Bank Parcel, as well as overland flow of stormwater, drain into Mill Creek and eventually the Neuse River. All streams are classified as Class C; NSW. Class C waters are suitable for aquatic life, secondary recreation, and agricultural usage. The NSW is a designation for nutrient sensitive waters — intended for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation. Natural drainage patterns throughout the watershed have been altered by cultivation and dredging of the channels. Within the proposed mitigation area, the channels drain surface water and groundwater from the surrounding row crop agriculture and cattle pastures. 2.2 Soils The soils within the Rolling Coastal Plain region of Johnston County formed in sediments deposited several million years ago by the oceans and streams. The floodplains along the Neuse River consist of relatively recent deposits of sediments that are not as highly weathered as sediments in the Coastal Plain Region. Much of the county is well drained; however, several areas are poorly drained. The Parcel is located on the border of the Roanoke-Dorovan and Vaucluse -Gilead -Candor -Blaney soil associations. The Johnston County Soil Survey shows several mapping units across the project site. Map units include six soil series (Figure 7). The upland soils found in this area of the county formed in sandy sediments from marine and fluviomarine deposits, loamy alluvium, or clayey Coastal Plain sediments. The upland soils at this site are on a river terrace above the active floodplain. The soil series found on the site are described below and summarized in Table 1. Table 1. Parcel Mapped Soil Series Map Unit Map Unit Name Hydric Drainage Hydrologic Landscape Symbol Class Soil Group Setting Bb Bibb sandy loam, 0- Yes Poor A/D Floodplains 2% slopes Dorian fine sandy Moderately Flats on stream DoA loam, 0 to 2 percent No Well C terraces slo es, rarel flooded GeB Gilead sandy loam, 2 NO Moderately C Ridges on marine to 8 ercent slopes well terraces GeD Gilead sandy loam, 8 NO Moderately C Ridges on marine to 15 ercent slopes well terraces Tomotley sandy loam, Depressions on stream To 0 to 2 percent slopes, Yes Poor B/D terraces, flats on rarely flooded stream terraces Broad interstream Gr Grantham silt loam, 0 Yes Poor C/D divides on depressions, to 2 percent slopes broad interstream divides on flats Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 5 July 2018 Bibb sandy loam. This is a very deep, poorly drained soil found on flood plains of the Coastal Plain. Slopes are generally less than two percent. Soils formed in stratified sandy alluvium and have very slow runoff with moderate permeability. The water table is generally within eight inches of the surface for six to eleven months of the year. Bibb sandy loams occurs along the wooded section of Reach UT1 and on the whole southern portion of the Parcel. Dorian fine sandy loam. This is a very deep, moderately well drained soil found on flats on stream terraces. Slopes are generally less than two percent. Soils formed in clayey fluvial sediments and have slow runoff and slow permeability. Dorian fine sandy loam occurs on the eastern fork of the Parcel, in the agricultural fields. Gilead sandy loam. This is a very deep, moderately well drained soil found on ridges on marine terraces. Slopes are generally zero to eight percent on site. Soils are formed in clayey Coastal Plain sediments and have moderately slow or slow permeability. These soils are found on the northern portion of the Parcel, in the uplands. Grantham silt loam. This is a very deep, poorly drained soil found uplands of the Middle and Lower Coast Plain. The slopes range from zero to two percent. These soils formed in loamy and silty Coastal Plain sediments and have moderately slow permeability. On the Parcel, these soils are found along reaches UT2 and UT4. Tomotley sandy loam. This is a very deep, poorly drained soil found on depressions and flats on stream terraces. Slopes are generally zero to two percent. These soils were formed in loamy marine and fluvial sediments and have slow runoff with moderate to moderately slow permeability. Tomotely sandy loam is found in a small area on the southern portion of the Parcel. 2.3 Existing Vegetative Communities Current land use in the vicinity of the Parcel is primarily composed of pasture, forest, and row crop (Appendix D). There are low-density residential lots, maintained vegetation, and two-lane roads also present in the area surrounding the Parcel. The site viability letters from DWR in Appendix B provides details on land -uses within the riparian areas on the site. Forested riparian areas have been intermittently cattle -grazed and lack a well-developed understory and shrub strata. The areas most closely resemble a disturbed Coastal Plain small stream swamp and are dominated by hardwoods and loblolly pine (Pinus taeda). Canopy species include loblolly pine, black gum (Nyssa biflora), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and various oaks (Quercus spp.). Sub -canopy species include sweet bay magnolia shrubs (Magnolia virginiana) and the main herbaceous species are giant cane (Arundinaria gigantea) and Japanese stiltgrass (Microstegium vinenium). Some exotics were noted, including Chinese privet (Ligustrum sinense), Japanese stiltgrass (Microstegium vimineum), and Japanese honeysuckle (Lonicera japonica). Japanese stiltgrass are widespread and locally dense. Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 6 July 2018 Rivarian Areas An Existing Conditions Map is provided in Figure 3. Current stream conditions along the proposed restoration reaches exhibit habitat degradation as a result of impacts from livestock and channelization performed to promote agricultural activities. The riparian buffer is in poor condition throughout most of the project area where much of the riparian buffer is devoid of trees or shrubs and active pasture or row crops is present up to the edge of the existing channel. UTI is 2,127 linear feet and flows southwest through forest and a cultivated field to its confluence with UT3. The riparian buffer on this reach is made up of row crop vegetation for about half of its length. The other half has native hardwoods, shrubs, and invasive vegetation. Neuse riparian buffer restoration is proposed for riparian buffer credit in currently cultivated areas while preservation is proposed in currently forested areas. UT1 is subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and is therefore being proposed to generate buffer mitigation credit under 15A NCAC 02B .0295 (n) and (0)(5). UT2 is 1,185 linear feet and flows south through sparse forest of scattered pines to its confluence with UT4. The upper portion of this reach is currently a farm pond that is proposed to be restored and incorporated into the stream channel (pond 1). This man-made pond is currently found in the National Wetlands Inventory (NWI) and labeled as PUBHx (Palustrine Unconsolidated Bottom Permanently Flooded) and has been in existence since before the 1960's. Currently, there is little surrounding buffer and fairly high relic spoil piles surrounding the pond that will be used to backfill it. Neuse riparian buffer restoration is proposed for riparian buffer credit in currently cultivated areas while enhancement is proposed in currently forested areas. UT2 is subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and are therefore being proposed to generate buffer mitigation credit under 15A NCAC 02B .0295 (n), (0)(3), and (0)(6). UT3 is 1,704 linear feet and flows south east through forest towards the floodplain of Mill Creek. The buffer on this reach is primarily comprised of hardwoods and other mature trees. Neuse riparian buffer preservation credit is proposed in currently forested areas. UT3 is subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and are therefore being proposed to generate buffer mitigation credit under 15A NCAC 02B .0295 (0)(5). UT4 is 1448 linear feet and flows west then south towards its confluence with UT3. Its headwaters start in a ditch dividing two fields. In the field and in the adjacent forest the channel has been very incised through ditching, so much so that obvious spoil piles can be seen on the left bank of the channel. Then it flows through a narrow fringe of hardwood and pine trees concentrated on the right bank of the stream. UT4 flows west until its confluence with UT2 where it starts to flow in the southern direction toward UT3. Southeast of the confluence of UT2 and UT4 is a small shallow pond surrounded by relic spoil banks that will be used to fill the pond and then it will be planted. This man-made pond is mapped on the NWI and labeled as PUBFx (Palustrine Unconsolidated Bottom Semi -permanently Flooded). UT4 then flows through a pine forest where invasive herbaceous species and pine trees dominate the riparian buffer. There is a 30' stream crossing upstream of its confluence with UT3. Since the viability letter (Appendix B), the section of UT4, between the confluence with UT2 and UT3, have been re -named from the southern section of UT2 to the southern section of UT4 (Figure 4). It was re -named during further development of the design due to the location and size of the drainage areas. Neuse riparian buffer restoration is proposed for riparian buffer credit in currently cultivated areas while enhancement is proposed in currently forested Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 7 July 2018 areas. Ditch 4-a meets Neuse Buffer Protection Rule 15A NCAC 0213.0295 (0)(8) (A, B, C & E), but it proposed for nutrient offset credit only. The width of riparian buffer restoration is under 100 feet along this section. The downstream reach of UT4 is subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and is therefore being proposed to generate buffer mitigation credit under 15A NCAC 02B .0295 (n) and (0)(6). 2.4 Wetlands The US Fish and Wildlife Service National Wetland Inventory (NWI) Map depicts three wetland areas within the site (Figure 8). One wetland area is mapped as PFO1 C (Palustrine Forested Broad -Leaved Deciduous Temporary Flooded) and is located in the southern half of the project area. The other two wetlands included in the NWI map are PUBHx (Palustrine Unconsolidated Bottom Permanently Flooded) and PUBFx (Palustrine Unconsolidated Bottom Semipermanetly Flooded Excavated) and are two ponds located in the northeast portion of the project area. A wetland delineation was performed in January 2017. Wetland boundaries were delineated using current methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). Soils were characterized and classified using the Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA-NRCS 2010). Wetland boundaries were marked with sequentially numbered wetland survey tape (pink/black striped). The jurisdictional wetland boundaries are depicted on Figure 3 and Figure 8. No wetland areas are being proposed for wetland mitigation credit. Wetlands delineated have been field verified by Samantha Dailey of the United States Army Corp of Engineers (USACE) on June 22, 2017. 2.5 Threatened and Endangered Species Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service database (updated 22 September 2010) lists four endangered species for Johnston County, North Carolina: red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Eliptio steinstansana), dwarf wedgemussel (Alasmidonta heterodon), and Michaux's sumac (Rhus michauxii) (Table 2). The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary site evaluations. In addition to the US Fish and Wildlife Service (USFWS) database, the NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species are mapped within one mile of the project Site. Results from NHP indicated that there is one known occurrence west of the Site within a one -mile radius of the project area. The NHP database documented aquatic habitat of the Neuse River Waterdog historically mapped in 1979. Based on initial site investigations, no impacts to federally protected species are anticipated as a result of the proposed project. The proposed project offers some potential to greatly benefit the downstream water quality within the Upper Neuse sub -basin. USFWS agreed with the findings that there are minimal adverse impacts to fish and wildlife resources and that it is unlikely that any federally listed species are likely to occur in the project area expected from this Project. Documentation is included in Appendix B. Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 8 July 2018 Table 2. Federally Protected Species in Johnston County Common Name Scientific name Federal Status Habitat Present Record Status Vertebrate: Red -cockaded woodpecker Picoides borealis E No Current Bald eagle Haliaeetus leucoce halus BGPA Yes Current Invertebrate: Tar Rivers in mussel Eli do steinstansana E No Current Dwarf wed emussel Alasmidonta heterodon E No Current Vascular Plant: Michaux's Sumac Rhus michauxii E No Current E = Endangered; BGPA = Bald and Golden Eagle Protection Act 2.6 Environmental and Cultural Constraints Environmental and cultural resources include historic and archeological resources located in or near the project parcel. RES has evaluated the Parcel's existing and future conditions of cultural resources to determine potential project impacts. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, cultural resources, and the potential for hydrologic trespass. A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed 28 March 2017) database did not reveal any listed or potentially eligible historic or archeological resources in the proposed project area. The NC State Historic Preservation Office (SHPO) conducted a review as well and found no historic resources that would be affected by the Stone Creek Mitigation Site. Correspondence is provided in Appendix B. 2.7 FEMA Floodplain/Floodway Mapping Mill Creek and UT3 within the project area is mapped within a FEMA 100 -year floodplain (Zone AE) and a FEMA floodway (Figure 9). RES will conduct a FEMA flood study to either obtain a No -Rise Certification or CLOMR/ LOMR from the Johnston County floodplain administrator. Construction access is slightly constrained in some areas by existing mature hardwood vegetation. A tree survey will be conducted to design the mitigation measures and access to minimize impacts to specimen trees. 3 RIPARIAN RESTORATION, ENHANCEMENT AND PRESERVATION PLAN Riparian restoration, enhancement and preservation adjacent to streams are shown in Figures 4 and 5, and were approved by the DWR in their letter dated December 19, 2017 and attached in Appendix B. All riparian restoration, enhancement and preservation buffer mitigation activities along channels will begin from the tops of the banks and extend a maximum of 200 feet perpendicular to the stream channel where possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Riparian restoration adjacent to the ditch will begin from the tops of the ditch bank and extend outward a minimum of 50 feet. The restoration of plant communities within the Parcel will not only provide stabilization and improve water quality within the easement limits, but also provide ecological benefits to the entire watershed. Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community types, so the Neuse riparian buffer and other riparian areas located within the conservation easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments. These activities will commence in concurrence with the stream mitigation activities and not before. Therefore, the mitigation area where Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 9 July 2018 riparian restoration is being performed may be altered slightly depending on the approval of the Stream Mitigation Plan for the Stream Mitigation Bank. All riparian restoration and enhancement areas will be surveyed and information provided in the As -Built report. The As -Built report will also include any deviations that were made to the approved BPDP. All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the As -Built Report. 3.1 Parcel Preparation Preparation inside of the parcel during riparian restoration activities will include stabilization efforts to minimize non -diffuse flow. Pond 1 will be drained and breached. Pond 2 will be de -watered and backfilled using the relic spoil pile berm adjacent to it. Preparation of the ponds will begin a minimum of six months before the rest of project construction begins. A combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in riparian areas during land disturbance activities in accordance with the pre -construction permit. These erosion control measures shall be inspected and properly maintained at the end of each working day to ensure measures are functioning properly until permanent vegetation is established. Disturbed areas will be temporarily seeded within 10 working days and upon completion of final grading, permanent vegetation shall be established for all disturbed areas. After construction activities, the subsoil will be scarified and any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil that is removed during construction will be stockpiled and placed over the site during final soil preparation. This process should provide favorable soil conditions for plant growth. Temporary and permanent riparian seeding shall be done in accordance with the erosion control plan. Bare root plantings and live stakes will be planted according to detail shown in the planting plan. 3.2 Riparian Restoration Activities The current land use adjacent to the majority of the streams on the Bank Parcel is pasture. Neuse riparian buffer restoration is proposed for riparian buffer credit in currently cultivated areas while enhancement or preservation is proposed in currently forested areas. All riparian restoration areas will be planted from top of bank back at least 50 feet from the stream with bare root tree seedlings on an 8 by 8 foot spacing to achieve an initial density of 680 trees per acre. The buffered channels will provide water quality and habitat functions within the sensitive Neuse River watershed. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum. Rapidly regenerating species and invasive species (e.g. privet) may develop greater individual species density and create a less diverse mix. Minimal maintenance is anticipated due to the past cultivation history. Restoration activities will occur in reaches UT 1, UT2, pond 1, pond 2 and the upstream portion of UT4 as shown in Figure 4 and 5. These activities will include backfilling sections of abandoned stream channels to the elevation of the floodplain in areas adjacent to the new channel with material excavated onsite from pond removal and installing channel plugs where necessary. Activities will also include meandering the proposed channels within the natural valley and stabilizing stream banks using a combination of grading, erosion control matting, bare -root plantings, native material revetment techniques (i.e. bioengineering), structure placement, and sod transplants where possible. In reach UTI, existing culverts will be removed Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 10 July 2018 and replaced with high-density polyethylene (HDPE) pipes; one buried one foot to allow for fish passage and to convey baseflow, while the other will be set above the channel bed elevation. Pond 1 will be drained, breached and then incorporated into the stream channel of UT2, then the footprint and surrounding non - forested area will be planted (see Appendix E for detailed draft of the plan sheet for this area). Pond 2 will be de -watered, backfilled using the relic spoil pile berm adjacent to it, graded, seeded and then planted both in the disturbed berm that was used to back fill as well as the pond footprint. The berm areas that will be disturbed will only be used to generate enhancement credit whereas the pond footprint will be used to generate restoration credit (per 15A NCAC 02B .0295 (n) and agreed to by DWR in the site viability re- evaluation letter found in Appendix B). Both ponds are mapped in the NWI inventory but have been informally approved by the USACE to be filled via a walkthrough of the intended restoration actions and will be formally approved once the mitigation plan is approved by the Interagency Review Team and the Section 401 permit is finalized. A section 401 permit will be completed once the mitigation plan is approved. All disturbed areas within the easement will be planted with native wetland vegetation and livestock will be excluded with fencing installed along the easement boundary. 3.3 Riparian Enhancement Activities Buffer enhancement will occur in areas where grazing is adjacent to the stream in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 (0)(6) and can be seen in Figure 4. This includes areas adjacent to reaches UT2 and UT4. RES will install cattle exclusion fencing to exclude access to riparian areas and their associated streams. All fencing will be installed to NRCS specifications. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). Minimal maintenance is anticipated due to the past cultivation history. Buffer enhancement can only generate buffer mitigation credit and is not transferrable into nutrient offset credits. 3.4 Riparian Preservation Activities UT3 and the downstream end of UT1 are in forested areas where cattle were not observed to be present, and are subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and are therefore being proposed to generate preservation buffer mitigation credit under 15A NCAC 02B .0295 (0)(5). However no more than 25 percent of the total area of buffer mitigation will be used for preservation credit pursuant to 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4) and the rest of the area will be protected in the conservation easement and not applied for credit. Preservation activities will ensure that the buffer is permanently protected from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer. Preservation buffer credits will also be generated in reaches UTI and UT3 when stream restoration activities occur in forested areas. Buffer preservation can only generate buffer mitigation credit and is not transferrable into nutrient offset credits. 3.5 Planting Plan Revegetation of the site will include controlling invasive species growth and planting at least four native hardwood bare root trees planted at a density to ensure a density of 260 stems per acres at the completion Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 11 July 2018 of monitoring. No one tree species will be greater than 50 percent of the established stems. Coastal Plain Small Stream Swamp will be the target community type and will be used for all areas within the project (Schafale 2012). Although there will not be a different planting zone for the pond footprints these areas will be planted with the obligate wetland species from the plant list found in Table 3. The initial planting of bare root trees will occur in winter 2018 or during stream restoration work whichever comes last. Tree species specified for planting on the Stone Creek Site are shown in Table 3. Table 3. Stone Creek Site Tree Planting List Common Name Scientific Name Indicator* Growth Rate River birch Betula nigra FACW rapid Willow oak Quercus phellos FACW rapid Swamp chestnut oak Quercus michauxii FACW moderate Water oak Quercus nigra FAC rapid Americansycamore Platanus occidentalis FACW rapid Swamp tupelo N ssa bi ora OBL moderate Overcup oak Quercus l rata OBL moderate Bald cypress Taxodium distichum OBL rapid * Wetland indicator status; Facultative Wetland (FACW), Facultative (FAC), Obligate (OBL). 3.6 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation site, and will include the name of the long-term steward and a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. All areas proposed as buffer preservation credit will be encompassed within the easement boundaries. Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 12 July 2018 3.7 Proposed Credit Release Schedule Riparian Buffer & Nutrient Offset credits associated with the two ponds will be excluded from Task 1 & Task 2 credit releases, but will be released with the approval of Task 3. Table 5 demonstrates the expected generation of Riparian Buffer Credits & Nutrient Offset credits. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is agreed that the mitigation credits associated with the Stone Creek Bank Parcel will be released as described in Table 4 below: Table 4. Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits * DWR approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP. 4 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol and Success Criteria Riparian buffer vegetation monitoring will be based on the "Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2". Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted during the fall season with the first year occurring at least five months from initial planting. Eleven vegetation monitoring plots will be installed a minimum of 100 meters squared in size, and will cover at least two percent of the 10.22 acres of riparian restoration area. Plots will be randomly placed throughout the planted Neuse buffer zones and nutrient offset mitigation area and will be representative of the Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 13 July 2018 % Credit Release % Credit within the Pond Task Project Milestone Release Footprints Instrument and BPDP Approved by DWR, Mitigation Plan No credits released approved by the IRT, Conservation Easement Recorded and 20 for areas within I Financial Assurance Posted pond footprints Mitigation Site Earthwork, Planting and Installation of No credits released 2 Monitoring Devices Completed 20 for areas withinpond footprints Monitoring Financial Assurance Posted and Approval of As- a Built Report 10 50 Monitoring Report #1: Approved by the DWR* and financial 4 assurance renewed 10 10 Monitoring Report #2: Approved by the DWR* and financial 5 assurance renewed 10 10 Monitoring Report #3: Approved by the DWR* and financial 6 assurance renewed 10 10 Item B (1) of Section X in this Instrument has been completed and approved by DWR. 5 5 No remaining credits will be released until the conservation easement has been assigned to an approved land trust or stewardship Monitoring Report #4: Approved by the DWR** and 8 financial assurance renewed 5 5 Monitoring Report #5: Approved by the DWR** and final 10 10 9 site visit by DWR has been conducted Total 100% 100% * DWR approval provided upon a determination that the site is meeting success criteria contained within the approved BPDP. 4 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol and Success Criteria Riparian buffer vegetation monitoring will be based on the "Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2". Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted during the fall season with the first year occurring at least five months from initial planting. Eleven vegetation monitoring plots will be installed a minimum of 100 meters squared in size, and will cover at least two percent of the 10.22 acres of riparian restoration area. Plots will be randomly placed throughout the planted Neuse buffer zones and nutrient offset mitigation area and will be representative of the Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 13 July 2018 crediting areas (Figure 10). The following data will be recorded for all trees in the plots: species, common name, height, planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape. Photos will be taken from all photo points each monitoring year and provided in the annual reports. Visual inspections and photos will be taken to ensure that preservation and enhancement areas are being maintained and compliant. The measures of vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Desirable native volunteer species may be included to meet the performance standards upon DWR approval. Invasive and noxious species will be monitored and controlled so that none become dominant or alter the desired community structure of the site. A visual assessment of the cattle exclusion areas within the conservation easement will also be performed each year to confirm: • Fencing is in good condition throughout the site; • no cattle access within the conservation easement area; • no encroachment has occurred; • diffuse flow is being maintained in the conservations easement area; and • there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval. Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer and nutrient offset credits will be monitored in accordance with the monitoring protocol in the Stone Creek Stream Mitigation Plan. 4.2 Adaptive Management Plan & Parcel Maintenance Adaptive measures will be developed or appropriate remedial actions taken in the event that the site, or a specific component of the site, fails to achieve the defined success criteria. Remedial actions will be designed to achieve the success criteria specified previously, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Neuse buffer, as defined in 15A NCAC 02B .0233, by the DWR could result in Neuse buffer violations and violations of the conservation easement. If necessary, RES will develop a species-specific treatment plan. 4.3 Long Term Management Plan EBX—Neuse I, LLC (EBX), acting as the Bank Sponsor, will record a Conservation Easement with the Johnston County Register of Deeds Office for this site. The Conservation Easement will be assigned to the North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of EBX-Neuse I, LLC until the Bank Parcel is transferred to the NCWHF. Endowment funds Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 14 July 2018 required to uphold the Stone Creek Bank Parcel conservation easement in perpetuity shall be negotiated prior to site transfer to the NCWHF. The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Site during the initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the RES Neuse Umbrella Mitigation Banking Instrument Riparian Buffer and Nutrient Offset made and entered into by EBX-Neuse 1, LLC and DWR. 5 FINANCIAL ASSURANCE The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one - hundred percent (100 percent) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least $150,000 and shall be able to cover 100 percent of the costs associated with construction of the riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to cover 100 percent of the costs associated with the monitoring and maintenance of the riparian restoration areas for five years. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6 MITIGATION POTENTIAL The Stone Creek Mitigation Bank Site presents 41.41 acres of permanent conservation easement in Johnston County, North Carolina. While this easement also encompasses areas for the Stone Creek Stream Mitigation Bank, the purpose of the Stone Creek Riparian Buffer & Nutrient Offset Bank is to generate Neuse riparian buffer mitigation and nutrient offset credits. Once finalized a conservation easement and final recorded plat will be provided in Appendix C. The width of the buffer/nutrient credit offset generation area will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward to a distance of at least 50 feet, but out to 200 feet in most cases. This Bank has the potential to generate approximately 10.22 acres (438,214 feet squared) of riparian buffer restoration credits (0.77 acres of this will be generated from backfilling and planting the ponds), 1.98 acres (89,945 feet squared) of riparian buffer enhancement credits via cattle exclusion, 0.48 acres (20,691 feet squared) of riparian buffer preservation credits, and 3.28 acres (7,455.51 pounds) of nutrient offset credits (0.11 acres of this will be generated from backfilling and planting the ponds). The riparian buffer mitigation credits generated will service Neuse buffer impacts within the USGS 8 -digit HUC 03020201 of the Neuse River Basin excluding the Falls Lake Watershed. The Nitrogen nutrient offsets generated will service nutrient load reduction requirements where payments are authorized in 15A NCAC 02B .0240 Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 15 July 2018 within the USGS 8 -digit HUC 03020201, excluding the Falls Lake Watershed. The Sponsor will maintain three credit ledgers. One ledger will account for buffer Restoration credits, one ledger will account for buffer Preservation and Enhancement credits, and one will account for Nitrogen nutrient offset credits. All mitigation credit assets shall be shown on these credit ledgers. The total potential riparian buffer and nutrient offset mitigation credits that the Stone Creek Bank will generate are summarized in Table 5; Figure 4. Table 5. Proposed Mitigation Credits Riparian Buffer Credit Riparian Credit Existing Acreage Credit Mitigation Zone Type Mitigation Type Acreage Eligible for Per Acre Ratio Full Assets Preservation (ft) Credit Pond Riparian Restoration 0.77 43,560 1:1 100% 33,541 ft2 Footprints Buffer (0.77 ac) Riparian 411,642 ft2 Restoration 9.45 43,560 1:1 u 100% Buffer (9.45 ac) 0-100' Riparian Enhancement via 3.94 43,560 2:1 100% 85,813 ft2 Buffer Cattle Exclusion (1.97 ac) Riparian Preservation: 10.99 4.75 43,560 10:1 100% 20,691 ft2 Buffer Subject Streams (0.48 ac) Riparian Enhancement via 0.09 43,560 2:1 33% 647 ft2 Buffer Cattle Exclusion (0.01 ac) 101-200' Riparian Preservation: 5.15 0.00 43,560 10:1 33% 0 ft2 Buffer Subject Streams (0.00 ac) Total Restoration 10.22 445,183 ft2 (10.22 ac) 86,460 ft2 (1.98 ac) Total Enhancements 4.03 includes ratios & reductions 20,691 ft2 (0.48 ac) Total Preservation 16.14 4.75 includes ratios & reductions Nutrient Offset Credit Credit Credit Mitigation Assets Zone ,type Mitigation Type Acreage Per Acre Ratio (lbs) (lbs) Pond Nitrogen Restoration 0.11 2,273.02 N/A 250.03 Footprints 0-100' Nitrogen Restoration 0.88 2,273.02 N/A 2,000.26 101-200' Nitrogen Restoration 2.29 2,273.02 N/A 5,205.22 TOTAL 3.28 7,455.51 *According to 15A NCAC 02B .0295 (o) (4) and (5), "the area of preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer mitigation ". All riparian restoration proposed in the table above will be generated on land determined by DWR as being agricultural. Therefore, the 10.06 acres (438,214 ft2) of Neuse riparian buffer restoration credits shown in the table above, can be used for either Neuse riparian buffer credits or Nitrogen nutrient offset credits, but not both. Neither Riparian Buffer Preservation nor Enhancement credits can be converted into nutrient Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 16 July 2018 offset credits. The Sponsor must submit a written request and receive written approval from DWR prior to any credit conversions and transfers to the buffer and nutrient offset credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. 7 REFERENCES Environmental Laboratory. 1987. "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocol- v4.2-levl-2.pdf. North Carolina Department of Environment and Natural Resources (NCDENR). 2009. "Neuse River Basinwide Water Quality Plan." Division of Water Quality. http://portal.ncdenr.org/web/wq`/Ts/bpu/basin/neuse/2009. (October 2013). NCDENR. 2009. "Neuse River Basinwide Water Quality Plan." Division of Water Quality. http:// http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013). NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4.1." N.C. Wetland Functional Assessment Team. NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. Schafale, M.P. (2012). Classification of the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR -10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. Stone Creek Parcel Development Package Buffer/Nutrient Offset Site 17 July 2018 APPENDICES Appendix A. Supporting Figures Figure 1. Service Area Map Figure 2. Project Vicinity Map Figure 3. Existing Conditions Map Figure 4. Conceptual Design Plan for Riparian Buffer and Nutrient Offset Credit Determination Figure 5. Conceptual Design and Credit Determination for Stream and Wetland Mitigation Figure 6. USGS Topographic Map Figure 7. Soils Map Figure 8. National Wetlands Inventory Map Figure 9. FEMA Map Figure 10. Monitoring Map aro 41 F 4+arx.� i tf ivy Huller f AFaOf -I �_j .. NirJo-.rS La4l sbvrg I .. v_,�� I'�IIli�9E40�1 Re[ n am 5 .I -� whpjyel dill '� I Y % . 5 Bork 'j Stone Creek Mitigation Site F uQu3y ! . a7. �I • 411 �A anta.d Ldlingkrn auk" Costs Creek Erwin _.mak LOhaIK< A i�.i�LT. fr4J1-4 L4 .IYI -harp 5]s Legend _ 7 OI Ive Buffer Service Area- HUC 03020201 excluding Falls Lake Watershed ® Nutrient Service Area- HUC 03020201 excluding Falls Lake Watershed s: Esri, HERE, DeLorme, USGS, Intermap, INCREMENT P, NRCan, Esri METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia, Fp,r,n.il:, , © OpenStreetMap contributors, and the IS User Community 0 Date: 3/5/2018 Figure 1 - Service Area Map wE Drawn by: ATP Stone Creek Mitigation Site res 0 5 10 Checked by: BPB Miles Johnston County, North Carolina a 9 4 `.i ;N a115� 0 .on 1*1e1'O °n,, H" Stone Creek Mitigation Site Latitude: 35.349 N Longitude: -78.338 W ,may 0 0 3 S tt Dunn Fi 4t RaJ°'9h St M1 011v' HwY r c m v F G( O's w m Figure 2 -Vicinity Map E �sP Stone Creek Mitigation Site 0 1 2 Johnson County, North Carolina Miles Fb•.ve ll Woods Legend Proposed Easement TLW -03020201150040 Date: 11/17/2017 Drawn by: ATP 6rel. ' Checked by: Ditch 2 OilT� z, t�J 4 110, t Y., N►i►1 Creek Ah Riparian Acreage Credit Existing Credit Per Ratio % Pull Zone Mitigation Type Eligible for z Type Acreage Acre (ft Ratio Credit Mitigation Assets Preservation TOTAL 3.28 7,455.51 Total Restoration 10.22 445,183 ft2 (10.22 ac) Total Enhancements 4.03 86,460 ft2 (1.98 ac) includes retios & reductions Total Preservation I 16.14 I 4.75 includes retios 8 reductions Zone Tr�et Mitigation Type Acreage CrediAcret(lbs) Ratio Mitigation Assets (lbs) TOTAL 3.28 7,455.51 1231Q �N�� _ cern r. o Amocit Ch Reach 2 1 Drainage Area: V Reach 1 = 47 Ac. Drainage Area: _ cem 122 Ac. 65 Ch am 1 O 164 r, { =�bo 11181 �`1 'i I bf `• `( i. TrIvft am 100 Reach 3 z 100 Drainage Area: ,a j !_- - �= 634 Ac. p - f ' I reek - Cem M _ / 10 ,1b 1 150 t / (\ Legend Ito ' Ce^'' Proposed Easement 7\— CopyrighR?0 " Date: 2/9/2018 Figure 6 - USGS Topographic Map wE Drawn by: ATP res 0 1,000 2,000 Stone Creek Mitigation Site Checked by: DPI Feet Johnston County, North Carolina i WaB Legend Proposed Easement Hydric Soil GeB Non -hydric Soil To GeD Bb / I GeB / Bb Mll 1 GeB GeD WaBI Mapunit Symbol Mapunit Name Mapunit Symbol Mapunit Name Gr Grantham silt loam, 0 to 2 percent slopes GeB Gilead sandy loam, 2 to 8 percent slopes To Tomotley sandy loam, 0 to 2 percent slopes, rarely flooded GeD Gilead sandy loam, 8 to 15 percent slopes Bb Bibb sandy loam, 0 to 2 percent slopes, frequently flooded DoA Dorian fine sandy loam 0 to 2 percent slopes, rarely flooded Date: 2/9/2018 m Figure 7 - Soils Map ° WE Drawn by: ATP 0 200 400 Stone Creek Mitigation Site Checked by: res Feet Johnston County, North Carolina i PUBFx ,VFA ,golpz Ah Appendix B. Correspondence N, Water -Resources ENVIRONMENTAL QUALITY December 19, 2017 Brad Breslow Resource Environmental Solutions 302 Jefferson Street, Suite 110 Raleigh, NC 27605 (via electronic mail: ischmidAres.us ) ROY COOPER Gorenor MICHAEL S. REGAN Secielarr LINDA CULPEPPER hiteim Director Re: Site Viability for Buffer Mitigation & Nutrient Offset — Stone Creek Mitigation Site Neuse River Basin — 03020201 HUC 2073 Joyner Bridge Rd Johnston County Dear Mr. Breslow, On September 13, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Resource Environmental Solutions, LLC (RES) for a site visit near the above - referenced site in the Neuse River Basin. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately shown in the attached map labeled "Figure 7". On October 2, 2017, Ms. Merritt performed a site assessment of the subject site. This site is also being proposed as a stream mitigation site by RES which is more accurately described in the attached map labeled "Figure 10". Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to 200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature classification a5ubiect Rioarian Land uses of Buffer zNutrient Mitigation Type Determination whin riparian in the field to Buffer Feature onsite Offset areas ID Credit Rule 0.200' Viable Viable at 22,273 Ibs acre 1 Stream Yes Left Bank = mixture of Yes Yes (non- Forested Areas = 3Preservation Site per 15A mature forest and forested NCAC 02B .0295 (o)(5) cropland fields areas only) Right Bank = Mix of Non -forested fields = Restoration site per 15A non -forested pasture NCAC 02B.0295 (n) and cropland fields 2A Stream No Combination of Yes Yes (non- Forested pasture - Enhancement Site per 15A forested and non- forested NCAC 02B .0295 (o)(6) forested pasture areas only) actively grazed by cattle Non -forested pasture = Restoration site per 15A NCAC 02B.0295 (o)(3) State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Stone Creek Mitigation Site RES December 19, 2017 Feature classification 3Subiect Riparian Land uses of Buffer zNutrient Mitigation Type Determination w/in riparian In the field to Buffer Feature onsite areas ID Credit Offset Rule 10-2001 Viable Viable at 22,273 Is acre 28 Stream Yes Combination of Yes Yes (non- Forested pasture - Enhancement Site per 15A forested and non- forested NCAC 028.0295 (o)(6) forested pasture areas only) actively grazed by cattle Non -forested pasture = Restoration site per 15A NCAC 028.0295(n) 2B down- Wetlands No N/A N/A N/A N/A stream of DWRflag Pond 1 In-line pond Yes Hog lagoon at upper Yes Yes (non- Forested pasture - Enhancement Site per 15A end of pond; (excluding forested NCAC 028 .0295 (o)(6) Combination of the pond areas only forested and non- footprint) & excluding Non -forested pasture = Restoration site per 15A forested pasture the pond NCAC 02B.0295 (n) actively grazed by cattle footprint) Pond 2 In-line pond Yes Combination of Yes Yes (non- Forested pasture - Enhancement Site per 15A forested and non- (excluding forested NCAC 028 .0295 (o)(6) forested pasture the pond areas only actively grazed by cattle footprint) & excluding Non -forested pasture = Restoration site per 15A the pond NCAC 028 .0295 (n) footprint) 3 Stream Yes Mature natural forest Yes No aPreservation Site per 15A NCAC 02B .0295 (0)(5) 4A Ditch No Non -forested pasture See note Yes Nutrient Offset - Restoration Site per 15A grazed by cattle NCAC 028.0295 (n) Buffer Mitigation Note - Assessment concludes the ditch meets 15A NCAC 02B.0295 (o)(8) (A, B, C & E). More information is needed for complete assessment. 4B Stream Yes Combination of Yes Yes (non- Forested pasture - Enhancement Site per 15A forested and non- forested NCAC 028 .0295 (o)(6) forested pasture areas only) actively grazed by cattle Non -forested pasture = Restoration site per 15A NCAC 02B.0295 (n) 'Subjectivity calls for the features were determined by DWR in correspondence dated November 14, 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. z 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 area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). Page 213 Stone Creek Mitigation Site RES December 19, 2017 Maps that are attached to this letter were prepared by RES and were initialed by Ms. Merritt on December 19, 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. This viability assessment will expire on December 19, 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: Figure 7, Figure 10 cc: File Copy (Katie Merritt) Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 313 Water Resources ENVIRONMENTAL QUALITY March 21, 2018 Jamey McEachran Resource Environmental Solutions 302 Jefferson Street, Suite 110 Raleigh, NC 27605 (via electronic mail: jmceachran(a)res.us ) Re: Site Viability for Buffer Mitigation & Nutrient Offset Stone Creek Mitigation Site Re -Evaluation for Pond 1 & Pond 2 only Neuse River Basin — 03020201 HUC 2073 Joyner Bridge Rd, Four Oaks, NC Johnston County Dear Mr. Breslow, ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director On September 13, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request from Resource Environmental Solutions, LLC (RES) for a site visit near the above - referenced site in the Neuse River Basin. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately shown in the attached map labeled "Figure 2". On October 2, 2017, Ms. Merritt performed a site assessment of the subject site. This site is also being proposed as a stream mitigation site by RES. On December 19, 2017, DWR issued a Site Viability letter for the entire Stone Creek Mitigation Site shown on Figure 2. This letter included a mitigation determination for two features referenced as "Pond 1" and "Pond 2". On March 14, 2018 & March 21, 2018, RES submitted new information to Ms. Merritt regarding the mitigation plans for Pond 1 and Pond 2, and requested that DWR re-evaluate these two features based on the new information provided. That new information included Figure 4 and the Site Plan labeled "S6" which are attached to this letter. The mitigation determination provided in this letter for Pond 1 and Pond 2 replaces the mitigation determination for Pond 1 and Pond 2 in the letter dated December 19, 2017. Ms. Merritt's re-evaluation of Pond 1 & Pond 2, along with their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to 200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Stone Creek Mitigation Site -Pond 1 & Pond 2 RES March 21, 2018 Feature Classification 1Subied Riparian Land uses of Buffer ZNutrient Mitigation Type Determination w/in riparian in the field to Buffer Feature onsite Offset areas ID Credit Rule 0-200' Viable Viable at 2,273 Its acre Pond 1 In-line pond Yes Hog lagoon at upper Yes Yes Forested pasture - Enhancement Site per 15A end of pond; (non- NCAC 026 .0295 (0)(6) (proposed to Combination of forested be breached forested and non- areas only) Non -forested pasture = Restoration site per 15A & restored forested pasture NCAC 02B .0295 (n) Into actively grazed by cattle a stream) If stream channel is restored through the pond, the new riparian areas will be viable as a Restoration Site per 15A NCAC 02B .0295 (n) and viable for buffer mitigation and nutrient offsets Pond 2 In-line pond Yes Combination of Yes Yes Forested pasture - Enhancement Site per 15A forested and non- (non- NCAC 026 .0295 (0)(6) (proposed to forested pasture forested Be backfilled actively grazed by cattle areas only) Non -forested pasture = Restoration site per 15A and planted) NCAC 0213 .0295 (n) If pond is drained, backfilled, graded, seeded and planted, the new riparian areas will be viable as a Restoration Site per 15A NCAC 02B .0295 (n) and viable for buffer mitigation and nutrient offsets 'Subjectivity calls for the features were determined by DWR in correspondence dated November 14, 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. Maps that are attached to this letter were prepared by RES and were initialed by Ms. Merritt on March 31, 2018. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being 213 Stone Creek Mitigation Site -Pond 1 & Pond 2 RES March 21, 2018 viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. This viability assessment will expire on March 21, 2020 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. Sincerely, c Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/k n Attachments: Figure 2, Figure 4 and Site Plan "S6" cc: File Copy (Katie Merritt) e.313 r YJ " i 10 AMR IL to 14 4FI JW - r .4 4' 9 .91 A 40' 4k4f 6 :0, Existing Streams OA - 4., 4 - Proposed Easement 6,4 i -w. i t A J/ 0:•'„T"Ce Existing Ponds Existing Wetlands Ponds to be filled MEMENIF -_ Legend Ditch Top of Bank QProposed Easement ® Existing Ponds Buffer Mitigation Buffer Restoration (0-100) Enhancement (0-100') Enhancement (101-200') Buffer Preservation (0-100') Buffer Preservation, (101-200') Nutrient Offset Nutrient Offset (0-100') Nutrient Offset (101-200') 0 200 400 Feet Figure 4 - Conceptual Design Plan for Riparian Buffer and Nutrient Offset Credit Determination Stone Creek Mitigation Site Johnston County, North Carolina Date. 3/21/2018 Drawn by. ATP Checked by: DPI 0 t# e $ YlW6WL� Nou-HISNOJ HDJ ION-M31n3N HOA � 6 R 8 3 � :SNOISN3tl 311LL DNIMtltlO � g i 11 — 1 s (n a LL i NI,- t+Nll02lHO H1210N '.LLNf10O NOISNHOf o I 311S N011t OUM N33HO 3NOlS hill, i i- :3wvN io3roee 77 77 0 m 0 ao G N _o U N t K ooh n u�i m \ n 1 (T1 0 - _ _ U J KF =1 O �d3 s- -- m -- a- V � Op � � ❑ - 1 9 g} O I o� p rue0 ?on + I b ¢a LN O / \ �Go - 'o��Q , od boa - Vo - I - , I I g 1 w I ogw o8 zz i ou i _ �o \ �i Water Resources ENVIRONMENTAL QUALITY December 18, 2017 Whitley and Janet Stephenson 2350 Wilsons Mills Rd. Smithfield, NC 27577 Terry D. Batten 3261 Joyner Bridge Rd. Four Oaks, NC 27524 Michael and Sharrion Hayes 6852 Devils Race Track Road Four Oaks, NC 27524 ROY COOPER Governor MICHAEL S. REGAN .Secretory' LINDA CULPEPPER Interim Director DWR Project #2017-1264 Johnston County Subject: On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and Water Quality Standards (15A NCAC 02B.0233) Stephenson - Parcel ID 159800-62-3920 Johnston County Deed Book Page 829 Batten — Parcel ID 159800-72-3267 Johnston County Deed Book 3089 Page 0054 Hayes — Parcel ID 159800-73-6786 Johnston County Deed Book 2305 Page 116 Project Name: Stone Creek Mitigation Site (UTs to Mill Creek) Address/Location: 2073 Joyner Bridge Road, Four Oaks, NC Stream(s) Evaluated: UTs to Mill Creek, Determination Date: November 20, 2017 DWR Staff: Shelton Sullivan Determination Type: Buffer: Stream: ® Neuse (15A NCAC 0213.0233) ® Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 0213 .0259) (where local buffer ordinances apply) ❑ Catawba (15A NCAC 0213.0243) ❑ Jordan (15A NCAC 02B.0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 0213 .0250) ❑ Goose Creek (15A NCAC 02B.0605-.0608) See the tollowing table and written explanation regarding the stream determinations. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Resource Environmental Solutions Neuse River Riparian Buffer/Stream Determination DWR Project #2017-1264 Page 2 of 3 Feature ID' Feature Type Not Subject Start@ Stop @ Soil USGS Subject Survey Topo 1 Stream — At Least X Northeaster Corner of Field X X Intermittent (1) n Easement and Woodline Boundary (see map) 2A Stream —At Least X Outlet of Confluence of Intermittent (1) Pond 1 2A & 413 213 Stream —At Least X At the DWR flag, see X Intermittent (1) confluence picture, where of 2A & 413 wetland begins Pond 1 Inline Pond X Pond 1 Outlet of Pond 1 X at 2A Pond 2 Inline Pond X Pond 2 Confluence of X Pond Outlet and 2B 3 Stream —At Least X Western Confluence with X Intermittent (1) Easement Mill Creek Boundary (see map) 4A Ditch X Eastern 413 Start X Easement (see picture and Boundary map) (see map) 413 Stream —At Least X 4B Start Confluence with X Intermittent (1) (see picture 213 and map) 1 See maps provided with letter showing labeled features Z Ephemeral (E), Intermittent (1), Perennial (P), Ditch The Division of Water Resources has determined that some of the streams listed above have been located on the most recently published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and were evaluated for applicability to the Neuse Riparian Buffer Rule. Maps are provided with this letter and were initialed by Shelton Sullivan on November 20, 2017. Each feature that is checked "Not Subject" has been either determined to not be at least intermittent, not present on the property, or not depicted on the required maps. 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 may be subject to the buffer rules or may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via US Postal Service: c/o Karen Higgins DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 2 7699-1 61 7 Resource Environmental Solutions Neuse River Riparian Buffer/Stream Determination DWR Project #2017-1264 Page 3 of 3 If sending via delivery service (UPS, FedEx, etc.): clo Karen Higgins DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884 If you have questions regarding this determination, please feel free to contact Shelton Sullivan at (919) 807-6361. Sincerely, � � I Karen Higgins, Superviso 401 & Buffer Permitting Branch Attachments: USGS Topographic Map, Johnston County Soil Survey Map, and Maps provided by Resource Environmental Solutions cc: Resource Environmental Solutions, Daniel Ingram, via email EBX-Neuse I, LLC, 412 N 4th Street, Suite 300, Baton Rouge, LA 70802 401 & Buffer Permitting Branch file copy RRO via email Filename: 201712642StreamCall Stone Creek JohnstonCo 12-15-2017 I • sC � • 1 4 y� A ��!! R +,. i- fir, ,_ �,'aCC I ;' • t . ?.�� _' I ' iF ju Ott Ar - �: - �""..i�:t• ,��, Wit, a ,�� �<:�'rJ! �.• ..�. '_ ,� �.' � ',#" . 4f rlt • !.gam .�a r_ ya J '�L•,- :. � rr)•}�� { ,�: - » Existing Streams a A Proposed Easement M Existing Ponds Existing Wetlands St � • .� • � , f -moi • ! J `xr wf. _ J AM ;r. - f n tet,• � , ; � .mac_ '� ���fiH�4t✓�n�I"' �q�'r .. 125, r -too e-101 -- �a 7t�t s 7 USGS Map 1:24,000 Johnston County Soils Map fires March 6, 2017 Attachments for Reference - Jurisdictional Determination Request Form - Preliminary Jurisdictional Determination Form - Landowner Authorization Forms - Project Vicinity Map - Project Location Map (with topography) - National Wetlands Inventory Map - Aerial Imagery - Soils Map - Wetland Delineation Data Sheets - Waters of the U.S. Delineation Map 10055 Red Run Blvd. Ms. Samantha Dailey Suite 130 U.S. Army Corps of Engineers O wings Mills, MD 2017 in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual methodology 25901 3331 Heritage Trade Drive, Suite 105 33 Terminal Way Wake Forest, North Carolina 27587 412 N. 4th St. Flags were numbered and placed onsite to mark the limits of potentially jurisdictional wetlands Suite 300 and other Waters of the U.S. Wetland flags were located using Global Positioning System (GPS) Baton Rouge, LA technology with sub -meter accuracy and the streams were drawn using the avaiable National 70802 Dear Ms. Samantha Dailey, Suite 110 representative. The approximate size and location of these areas are depicted on the attached 100 Calhoun St. Resource Environmental Solutions (RES) is pleased to present this Request for a Preliminary Suite 320 Charleston, SC Jurisdictional Determination for the Stone Creek Mitigation Site located in Johnston County, North 29401 Carolina. As part of this scope of work, RES is submitting this request to the U.S. Army Corps of 2nd Floor Richmond, VA Engineers (Corps) for a confirmation of the limits of Waters of the U.S. on the subject site. g ( �) � solo Montrose Bled. forested wetland in the floodplain of Mill Creek and Wetland B is a small forested wetland Suite 650 downstream of the dam of Pond A. Houston, TX The purpose of the proposed Site is to generate compensatory mitigation credits for inclusion in 77006 the Neu -Con Umbrella Mitigation Bank in hydrologic unit 03020201 of the Neuse River Basin. This project will address stressors identified in the watershed through nutrient removal, sediment 1200 Camellia Blvd. Suite 220 removal, runoff filtration, and improved aquatic and terrestrial habitat. These project goals will be Lafayette, LA achieved through stream enhancement and restoration. 70508 Attachments for Reference - Jurisdictional Determination Request Form - Preliminary Jurisdictional Determination Form - Landowner Authorization Forms - Project Vicinity Map - Project Location Map (with topography) - National Wetlands Inventory Map - Aerial Imagery - Soils Map - Wetland Delineation Data Sheets - Waters of the U.S. Delineation Map 1371/2 East Main St. Delineation Information Suite 210 RES completed its delineation of potentially jurisdictional areas on this property on January 31, Oak Hill, WV 2017 in accordance with the 1987 Corps of Engineers Wetlands Delineation Manual methodology 25901 (Environmental Laboratory 1987), as well as the Regional Supplement to the Corps of Engineers 33 Terminal Way Delineation Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0). Suite 431 Flags were numbered and placed onsite to mark the limits of potentially jurisdictional wetlands Pittsburgh, PA and other Waters of the U.S. Wetland flags were located using Global Positioning System (GPS) 15219 technology with sub -meter accuracy and the streams were drawn using the avaiable National 302 Jefferson St. Hydrography Dataset Flowlines. Stream determinations have not been verified by a NCDWR Suite 110 representative. The approximate size and location of these areas are depicted on the attached Raleigh, NC 27605 Waters of the U.S. Delineation Map. 1521 W. Main The current land use on-site is primarily pasture, forest and row crop. The site contains four 4 11 �' p > > p• ( ) 2nd Floor Richmond, VA unnamed tributaries to Mill Creek. Two (2) wetland areas were found on-site. Wetland A is a large 23220 forested wetland in the floodplain of Mill Creek and Wetland B is a small forested wetland downstream of the dam of Pond A. Attachments for Reference - Jurisdictional Determination Request Form - Preliminary Jurisdictional Determination Form - Landowner Authorization Forms - Project Vicinity Map - Project Location Map (with topography) - National Wetlands Inventory Map - Aerial Imagery - Soils Map - Wetland Delineation Data Sheets - Waters of the U.S. Delineation Map RES respectfully requests that the Corps confirm this delineation of Waters of the U.S. on this property. I will contact you in the coming days to arrange a site visit for this purpose. Please contact me ((919) 345-3034) if you have any additional questions regarding this matter. Sincerely, Jeremy Schimd, PWS Ecologist Attachments cc: Daniel Ingram—Resource Environmental Solutions rzo-a-x7111L Ryan Medric Ecologist Jurisdictional Determination Request 0 US Army Corps of Engineers. Wilmington Dislnct This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on-line at: httn://www.saw.usace.army.miUMissions/Re ug latMPermitProgram.aspx , by telephoning: 910-251-4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE US Arany Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 Version: December 2013 Page 1 Jurisdictional Determination Request INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E and F. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part G. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOWUSACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: December 2013 Page 2 Jurisdictional Determination Request A. PARCEL INFORMATION B. C. Street Address: City, State: County: Directions: See Landowner Authorization Forms Parcel Index Number(s) (PIN): REQUESTOR INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address' Select one: See Landowner Authorization Forms Jeremy Schmid, PWS - Resource Environmental Solutions 302 Jefferson Street, Suite 110 91934&3034 JSchmid@res.us ❑ I am the current property owner. ❑✓ 1 am an Authorized Agent or Environmental Consultant ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. PROPERTY OWNER INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address;: See Landowner Authorization Forms ❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) ' If available z Must attach completed Agent Authorization Form 31f available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. See Landowner Authorization Forms Property Owner (please print) Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: Date ✓❑ I am requesting that the Corps provide a oreliminary JD for the property identified herein. This request does include a delineation. ❑ I am requesting that the Corps provide a oreliminary JD for the property identified herein. This request does NOT include a delineation. ❑ I am requesting that the Corps investigate the property/project area for the presence or absence of WOUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. ❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an aaporoved JD (this may or may not include a survey plat). ❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 F. ❑✓ jurisdictional Determination Request ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. ✓❑ Size of Property or Project Area 38_45 n G. acres I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: ❑✓ Completed and signed Preliminary Jurisdictional Determination Form 6. ❑V Project Coordinates: 35.349089 Latitude -78.341515 Longitude Maps (no larger than 11 x 17) with Project Boundary Overlay: ✓❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑✓ Aerial Photography of the project area ❑✓ USGS Topographic Map ❑✓ Soil Survey Map 0✓ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable)7: Wetlands: ✓❑ Wetland Data Sheetss Tributaries: ❑ USACE Assessment Forms ❑✓ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑✓ Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and/or tributary assessment reaches ■ Locations of photo stations ■ Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑ Project Coordinates: Latitude Longitude Maps (no larger than 1 1x17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland htventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: htto://www.usace.army.mil/Missions/CivilWorksIRegulatoryProgramandPermits/reg suoo.asox Wetland and Stream Assessment Methodologies can be found at: htto://i)ortal.ncdenr.org/c/document library/get file7uuid=76f3c58b-dab8-4960-ba43-45b7faf06f4c&erouold=38364 and, htto://www.saw.usace.armv.mil/Portals/59/docs/reeulatorv/Dublicnotices/2013/NCSAM Draft User Manual 130318.odf 8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets9 Xn utaries: USACE Assessment Forms ❑ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") ❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 7 Jurisdictional Determination Request 1. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard- copy submittals include at least one original Plat (to scale) that is no larger than 11"x17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11 "x 17", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL ElMust be sealed and signed by a licensed professional land surveyor ❑ Must be to scale (all maps must include both a graphic scale and a verbal scale) 0 Must be legible ❑ Must include a North Arrow, Scale(s), Title, Property Information ❑ Must include a legible WoUS Delineation Table of distances and bearings/metes and bounds/GPS coordinates of all surveyed delineation points ❑ Must clearly depict surveyed property or project boundaries Must clearly identify the known surveyed point(s) used as reference (e.g. property comer, USGS monument) ElWhen wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request ❑ When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries ❑ Must include the location of wetland data points and/or tributary assessment reaches ❑ Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non - jurisdictional waters"). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 Jurisdictional Determination Request (2) CERTIFICATION LANGUAGE F]When the entire actual Jurisdictional Boundary is depicted: include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: ElWhen uplands may be present within a depicted Jurisdictional Boundary include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: Version: December 2013 Page 10 Jurisdictional Determination Request (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: Dbe at sub -meter accuracy at each survey point. ❑ include an accuracy verification: One or more known points (property comer, monument) shall be located with the GPS and cross-referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Jeremy Schmid, PWS - Resource Environmental Solutions 302 Jefferson Street, Suite 110, Raleigh, NC 27605 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Johnston City: Four Oaks Center coordinates of site (lat/long in degree decimal format): Lat. 35.349089 ON; Long. -76.341515 °W, Universal Transverse Mercator: NAD 1983 Name of nearest waterbody: Mill creek Identify (estimate) amount of waters in the review area: Non -wetland waters: 5,107 linear feet: width (ft) and/or acres. Cowardin Class: Stream Flow: Wetlands: 17.32 acres. Cowardin Class: PFOand POW Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ❑ Data sheets prepared/submitted by or on behalf of the app nt/consultant. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study:_ ❑ U.S. Geological Survey Hydrologic ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑ U.S. Geological Survey map(s). Cite scale & quad name: ❑ USDA Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) 4 )11Y4VA 03/06/2017 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Waters_Nam Code HGM_Code 1kas_Type Amount Units Waters_Type Latitude Longitude Local _Waterway Reach 1 NORTH CAROLINA R5 Linear 2127 FOOT DELINEATE 35.3505 -78.337 Mill Creek Reach 2 NORTH CAROLINA R5 Linear 1185 FOOT DELINEATE 35.3503 -78.3416 Mill Creek Reach 3 NORTH CAROLINA R5 Linear 1003 FOOT DELINEATE 35.3475 -78.3407 Mill Creek Reach 4 NORTH CAROLINA R4 Linear 792 FOOT DELINEATE 35.3507 -78.3412 Mill Creek Wetland A NORTH CAROLINA PFO Area 16.18 ACRE DELINEATE 35.3472 -78.341 Mill Creek Wetland B NORTH CAROLINA PFO Area 0.21 ACRE DELINEATE 35.3509 -78.3413 Mill Creek Pond A NORTH CAROLINA POW Area 0.69 ACRE DELINEATE 35.3515 -78.341 Mill Creek Pond B NORTH CAROLINA POW Area 0.23 ACRE DELINEATE 35.3503 -78.3412 Mill Creek Exhibit C LANDOWNER AUTHORIZATION FORM Site: Hayes Sandy Ridge Site PROPERTY LEGAL DESCRITION: Deed Book Page County 2305 116 Johnston Parcel ID Number: 159800-73-6786 in Johnston County North Carolina as shown on Exhibit A. Street Address: Farm on Joyner Bridge Rd., Four Oaks, NC shown on Exhibit A Property Owner (please print): Michael K Hayes and Sharrion K Hayes The undersigned, registered property owner(s) of the above property, do hereby authorize EBX, Neuse I, LLC, Resource Environmental Solutions ("RES"), the NC Department of Environment and Natural Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations. Property Owners(s) Address: 6852 Devils Race Track Road Four Oaks, NC 27524 Property Owner Telephone Number: 919-749-9926 UWe hereby certify the above information to be true and accurate to the best of my/our knowledge. By• (Property Owner A By: (Property Owner A re) (Date) (Date) Exhibit C LANDOWNER AUTHORIZATION FORM Site: Stone Creek Site (Batten) PROPERTY LEGAL DESCRITION: Deed Book Page County 3089 0054 Johnston Parcel ID Number: 159800-72-3267 in Johnston County North Carolina as shown on Exhibit A. Street Address: Farm on Joyner Bridge Rd., Four Oaks, NC shown on Exhibit A Property Owner (please print): Terry D. Batten The undersigned, registered property owner(s) of the above property, do hereby authorize EBX, Neuse I, LLC, Resource Environmental Solutions ("RES"), the NC Department of Environment and Natural Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations. Property Owners(s) Address: 3261 Joyner Bridge Road Four Oaks, NC 27524 Property Owner Telephone Number: 919-291-1176 I/We hereby certify the above information to be true and accurate to the best of my/our knowledge. By: ro erty bwner Au ture) (Date) Exhibit C LANDOWNER AUTHORIZATION FORM Site: Stephenson Sandy Ridge Site PROPERTY LEGAL DESCRITION: Deed Book Page County 1203 829 Johnston Parcel ID Number: 159800-62-3920 in Johnston County North Carolina as shown on Exhibit A. Street Address: Farm on Joyner Bridge Rd., Four Oaks, NC shown on Exhibit A Property Owner (please print): Whitley W. Stephenson and Janet L. Stephenson The undersigned, registered property owner(s) of the above property, do hereby authorize EBX, Neuse I, LLC, Resource Environmental Solutions ("RES"), the NC Department of Environment and Natural Resources, and the US Army Corps of Engineers, their employees, agents or assigns to have reasonable access to the above referenced property for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations. Property Owners(s) Address: 2350 Wilsons Mills Rd Smithfield, NC 27577 Property Owner Telephone Number: 919-631-1447 UWe hereby certify the above information to be true and accurate to the best of my/our knowledge. By• (Pr rty Owhtr Authorized Signature) (Date) By: U ( operty Owner Authorized Signature) (Date) osA�" ve 0 LEGEND APPROXIMATE PROJECT LIMITS Street Map Source: VICINITY MAP World Street Map ESRI Arc615 Online N 1,6 re STONE CREEK MITIGATION SITE JOhNSTON COUNTY, NC I inch = 600 feet Document Path: C:\Users\rmedric\Dropbm (RE5)\@RE5 G15\pr sects\NC�5tone Creek\MXDUD_Pigure5\5toneCreek_Vicinity.mxd - Date 5a-1: 31GY201 7 LEGEND- - 0 APPROXIMATE PROJECT LIMITS t�t)f- / _ ' • ^— / ��• ' /i a •� •^ul•- ,n f: �� •� ..Cent_: , m � ' ,164 zz BMS ; - T.- 100 _ O A reek j Cem i Copyright 0 2013 National Geographic Society,�i cubed Street Map Source: PROJECT LOCATION MAP USA Topo Maps ESRI ArcGIS Online re N STONE CREEK MITIGATION SITE JOI�NSTON COUNTY, NC 1 inch = 2,000 feet Document Path: C:\Users\rmednc\Dropbox (Rff5)\@RE5 G15\project5\NC6tone Creek\MXDWD_figures\StoneCreek_Pro�ect_Location.mxd - Date Saved: 3/6/2017 Document Path: C:\Users\rmedric\Dropbm (RE5)\@RE5 GIS\pr sects\NC�5tone Creek\MXDUD_fqure5\5toneCreek_NM.m a - Date 5a -a: 3/6/2017 Document Path: C:\Users\rmedric\Dropbm (RE5)\@RE5 GIS\pr sects\NC�5tone Creek\MXDUD_figure5\5toneCreek_Aerial_Ima jcry.rr a - Date 5a-a: 1/30/2017 F5FLEGEN D APPROXIMATE PROJECT LIMITS 0 t1YDRIC SOIL.. 0 SOIL WMI t1YDRIC INCLUSIONS v 000, a • x- 1l - W 116or" Source: Esri, Di,gitalGlobe, GeoEye, Earthstar - Geographies, ONES/Airbus DS, USDA, USGS, Source: SOILS MAP U.S. Department of Agriculture Natural Resources re Conservation Service STONE CREEK MITIGATION SITE Soil Survey Geographic N I(55URGO) JONNSTON COUNTY, NC I inch = 400 feet Document Path: CAUsers\rmea—Dropbm (RE5)\@RE5 G15\pr sects\NC\5tone Creek\MXDUD_fqur—\5toneCreek_5oi&mxal - Date 5a -al: 3/@/2017 WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: Stone Creek Mitigation Site City/County: Johnston Sampling Date: 31 -Jan -17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP -1 Investigator(s): J. Schmid, R. Medric Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Floodplain Local relief (concave, convex, none): concave Slope: 0.0 % / 0.0 Subregion (LRR or MLRA): LRR P Lat.: 35.3471 Long.: -78.3405 Datum: NAD83 Soil Map Unit Name: Bibb sandy loam NWI classification: PFO Are climatic/hydrologic conditions on the site typical for this time of year? Yes CO) No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 0 No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes (0% No O Is the Sampled Area Hydric Soil Present? Y Yes * No C) � Yes `'� NO O Wetland Hydrology Present? Yes 0 No O within a Wetland? Remarks: ❑ Marl Deposits (B15) (LRR U) HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of 2 required) Primary Indicators (minimum of one required; check all that apply) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ Aquatic Fauna (B13) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Marl Deposits (B15) (LRR U) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) d❑ Algal Mat or Crust (B4) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (B5) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (B7)d❑ FAC -Neutral Test (D5) ❑ Water -Stained Leaves (B9) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes O No O Depth (inches): 6 Water Table Present? Yes O No OO Depth (inches): Yes O No O Saturation Present?Wetland Yes O No Depth (inches): Hydrology Present? (includes capillary frinqe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Five/Four Strata) - Use scientific names of plants. Dominant C ., An.7 Sampling Point: DP -1 7. Absolute Rel.Strat. Indicator Dominance Test worksheet: 8, Tree Stratum (Plot size: 30 ) % Cover ❑ Cover Status 50% of Total Cover: 40 20% of Total Cover: 16 80 = Total Cover OBL species 45 x 1 = 45 Sapling or Sapling/Shrub Stratum (Plot size: 30 ) Number of Dominant Species FACW species 40 x 2 = 80 1 . Liquidambar styraciflua 30d❑ ❑ 37.5% FAC That are OBL, FACW, or FAC: 6 (A) 2. Nyssa aquatica 30d❑ FACu species 0 x 4= 0 37.5% CBL 0 ❑ 3. Acer rubrum 20 W-25.0% 0 FAC Total Number of Dominant column Totals: 135 (A) 275 (B) 5. 5. _ o Ll o.o 0.0% Species Across All Strata: 6 (B) 4. o ❑ 0.0% 0 Ll 5. o ❑ 0.0% ❑ Percent of dominant Species Hydrophytic Vegetation Indicators: 8. 0 ❑ 0.0% ❑ 1 -Rapid Test for Hydrophytic Vegetation That Are OBL, FACW, or FAC: 100.0% (A/B) 6. 0 0 0 2 - Dominance Test is > So% 0.0% ) 7. 0 ❑ 0.0% Prevalence Index worksheet: 8, 0 ❑ 0.o% Total % Cover of: Multiply by: 50% of Total Cover: 40 20% of Total Cover: 16 80 = Total Cover OBL species 45 x 1 = 45 Sapling or Sapling/Shrub Stratum (Plot size: 30 ) 5. FACW species 40 x 2 = 80 1. Hydrophytic 0 ❑ 0.0% FAC species 50 x 3 = 150 2. 10 0 ❑ 0.0% FACu species 0 x 4= 0 3. 0 ❑ o.o% UPL species 0 x 5= 0 4. 0 ❑ 0.0% column Totals: 135 (A) 275 (B) 5. 5. o Ll o.o 0.0% Prevalence Index = B/A = 2.037 0 Ll 0.0 7. 0 ❑ 0.0% Hydrophytic Vegetation Indicators: 8. 0 ❑ 0.0% ❑ 1 -Rapid Test for Hydrophytic Vegetation 50% of Total Cover: 0 20% of Total Cover: 0_ 0 = Total Cover 0 2 - Dominance Test is > So% Shrub Stratum (Plot size: 30 ) 0 3 - Prevalence Index is <_3.0 1 1. 0 ❑ 0.0% ❑ Problematic Hydrophytic Vegetation 1 (Explain) 2. 0 ❑ 0.0% 3. 0 ❑ 0.0% 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 4. _ o ❑ 0.0% 5. 0 ❑ 0.0% Definition of Vegetation Strata: 6. 0 ❑ 0.0% Tree - Woody plants, excluding woody vines, 50% of Total Cover: 0 20% of Total Cover: 0 0 = Total Cover approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Herb Stratum (Plot size: 30 ) 1 Arundinaria gigantea 30d❑ 66.7% FACW Sapling - Woody plants, excluding woody vines, , approximately 20 ft (6 m) or more in height and less 2. ]uncus effusus 10 22.2% OBL than 3 in. (7.6 cm) DBH. 3. Carex lurida 5 ❑ 11.1% OBL 4. 0 ❑ 0.0% Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 5. 0 ❑ 0.0% 6. 0 ❑ 0.0% Shrub - Woody plants, excluding woody vines, 7. 0 ❑ 0.0% approximately 3 to 20 ft (1 to 6 m) in height. 8. 0 ❑ 0.0% 9. 0 ❑ 0.0% Herb - All herbaceous (non -woody) plants, including ❑ herbaceous vines, regardless of size, and woody 1 Q. 0 0.0% plants, except woody vines, less than approximately 11. 0 ❑ 0.o% 3 ft (1 m) in height. 12. 0 ❑ o.o% 50% of Total Cover: 225 20% of Total Cover: 9 45 = Total Cover Woody vine - All woody vines, regardless of height. Woody Vine Stratum (Plot size: 30 ) 1 Smilax laurifolia 10 d❑ 100.0% FACW 2. 0 ❑ 0.0% 3. o ❑ 0.0% 4. 0 ❑ 0.0% 5. 0 ❑ 0.0% Hydrophytic - Vegetation 50% of Total Cover: 5 20% of Total Cover: 2 10 = Total Cover Present? Yes `• No ' -' Remarks: (If observed, list morphological adaptations below). *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: DP -1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) _ % Color (moist) % Tvne 1 Locz Texture 0-12 IOYR 4/1 80 10YR 5/8 20 C M Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix Remarks Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) ❑ Histic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) ❑ Loamy Mucky Mineral (Fl) (LRR O) ❑ Reduced Vertic (F18) (outside MLRA 150A,B) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) ❑ Stratified Layers (AS) d❑ Depleted Matrix (F3) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 153B) ❑ Organic Bodies (A6) (LRR P, T, U) ❑ Redox Dark Surface (F6) ❑ Red Parent Material (TF2) ❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) ❑ Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) ❑ Muck Presence (A8) (LRR U) ❑ Redox Depressions (F8) ❑ Other (Explain in Remarks) ❑ 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U) ❑ Depleted Below Dark Surface (All) ❑ Depleted Ochric (Fl l) (MLRA 15 1) ❑ Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F12) (LRR O, P, T) ❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P, T, U) ❑ Sandy Muck Mineral (Sl) (LRR 0, S) ❑ Delta Ochric (1`17) (MLRA 151) ❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (1`18) (MLRA 150A, 150B) 3Indicators of hydrology mushydrophytic vegetation and wetland hydrology must be present, ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 149A) unless disturbed or problematic. ❑ Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes * No 0 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: Stone Creek Mitigation Site City/County: Johnston Sampling Date: 31 -Jan -17 Applicant/Owner: Resource Environmental Solutions State: NC Sampling Point: DP -2 Investigator(s): J. Schmid, R. Medric Section, Township, Range: S T R Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): convex Slope: 1.0 % / 0.6 Subregion (LRR or MLRA): LRR P Lat.: 35.3474 Long.: -78.3395 Datum: NAD83 Soil Map Unit Name: Dorian fine sandy loam NWI classification: Upland Are climatic/hydrologic conditions on the site typical for this time of year? Yes CO) No O (If no, explain in Remarks.) Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ significantly disturbed? Are "Normal Circumstances" present? Yes 0 No O Are Vegetation ❑ , Soil ❑ , or Hydrology ❑ naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes (0% No O Is the Sampled Area Hydric Soil Present? Yes O No Y Yes ` No Wetland Hydrology Present? Yes O No C within a Wetland? Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of 2 required) Primary Indicators (minimum of one required; check all that apply) ❑ Surface Soil Cracks (B6) ❑ Surface Water (Al) ❑ Aquatic Fauna (B13) ❑ Sparsely Vegetated Concave Surface (B8) ❑ High Water Table (A2) ❑ Marl Deposits (B15) (LRR U) ❑ Drainage Patterns (B10) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (B16) ❑ Water Marks (Bl) ❑ Oxidized Rhizospheres along Living Roots (0) ❑ Dry Season Water Table (C2) ❑ Sediment Deposits (B2) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (B3) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (B4) ❑ Thin Muck Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (B5) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (B7) ❑ FAC -Neutral Test (D5) ❑ Water -Stained Leaves (B9) ❑ Sphagnum moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes O No O Depth (inches): Water Table Present? Yes O No OO Depth (inches): Yes O No O Saturation Present?Wetland Yes O No Depth (inches): Hydrology Present? (includes capillary frinqe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Five/Four Strata) - Use scientific names of plants. Dominant C ., An.7 Sampling Point: DP -2 7. Absolute Rel.Strat. Indicator Dominance Test worksheet: Prevalence Index worksheet: Tree Stratum (Plot size: 30 ) % Cover 0 Cover Status 3. Total % Cover of: Multiply by: 50% of Total Cover: 30 20% of Total Cover: 12 60 = Total Cover ❑ 0.0% OBL species 0 x 1 = 0 Number of Dominant Species ) 1 . Pinus taeda 30❑ FACW species _ 5 x 2 = 10 50.0% FAC That are OBL, FACW, or FAC: 6 (A) 2. Liquidambar styraciflua 20d❑ 2. 33.3% FAC ❑ 0.0% 3. Quercus nigra 10 ❑ 16.7% FAC Total Number of Dominant UPL species 0 x 5= 0 4. 0 ❑ 0.0% Species Across All Strata: 7 (B) 4. 0 ❑ 0.0% 5. 0 ❑ 0.0% Prevalence Index = B/A = 3.038 Percent of dominant Species 0 Ll 0.0 ❑ 7. That Are OBL, FACW, or FAC: 85.7% (A/B) 6. 0.0% 0 Hydrophytic Vegetation Indicators: 0.0% 0 ❑ 7. 0 ❑ 0.0% 5 Prevalence Index worksheet: 8, 2. 0 El 0.o% 3. Total % Cover of: Multiply by: 50% of Total Cover: 30 20% of Total Cover: 12 60 = Total Cover ❑ 0.0% OBL species 0 x 1 = 0 Sapling or Sapling/Shrub Stratum (Plot size: 30 ) ❑ 0.0% Hydrophytic FACW species _ 5 x 2 = 10 1. Ilex opaca Vegetation 20❑ 5 100.0% FAC FAC species 115 x 3 = 345 2. 0 ❑ 0.0% FACu species 10 x 4 = 40 3. 0 ❑ o.o% UPL species 0 x 5= 0 4. 0 ❑ 0.0% column Totals: 130 (A) 395 (B) 5. 5. o Ll o.o -0.0% Prevalence Index = B/A = 3.038 0 Ll 0.0 7. 0 ❑ 0.0% Hydrophytic Vegetation Indicators: 8. 0 ❑ 0.0% ❑ 1 -Rapid Test for Hydrophytic Vegetation 50% of Total Cover: 10 20% of Total Cover: 4 20 = Total Cover 0 2 - Dominance Test is > So% Shrub Stratum (Plot size: 30 ) ❑ 3 - Prevalence Index is <_3.0 1 1. Rubus argutus 5 ❑ 100.0% FAC ❑ Problematic Hydrophytic Vegetation 1 (Explain) 2. 0 ❑ 0.0% 3. 0 ❑ 0.0% 1 Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 4. o ❑ 0.0% 5. 0 ❑ 0.0% Definition of Vegetation Strata: 6. 0 ❑ 0.0% Tree - Woody plants, excluding woody vines, 50% of Total Cover: 2.5 20% of Total Cover: 1 5 = Total Cover approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Herb Stratum (Plot size: 30 ) 1 Microstegium vimineum 30d❑ 75.0% FAC Sapling - Woody plants, excluding woody vines, , approximately 20 ft (6 m) or more in height and less 2. Eupatorium capillifolium 10d❑ 25.0% FACU than 3 in. (7.6 cm) DBH. 3. 0 ❑ 0.0% 4. 0 ❑ 0.0% Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. 5. 0 ❑ 0.0% 6. 0 ❑ 0.0% Shrub - Woody plants, excluding woody vines, 7. 0 ❑ 0.0% approximately 3 to 20 ft (1 to 6 m) in height. 8. 0 ❑ 0.0% 9. 0 ❑ 0.0% Herb - All herbaceous (non -woody) plants, including Ll herbaceous vines, regardless of size, and woody 1 Q. 0 0.0% plants, except woody vines, less than approximately 11. 0 ❑ 0.o% 3 ft (1 m) in height. 12. 0 ❑ o.o% 50% of Total Cover: 20 20% of Total Cover: 8 40 = Total Cover Woody vine - All woody vines, regardless of height. Woody Vine Stratum (Plot size: 30 ) 1 Smilax laurifolia 5 d❑ 100.0% FACW 2. 0 ❑ 0.0% 3. o ❑ 0.0% 4. 0 ❑ 0.0% 5. 0 ❑ 0.0% Hydrophytic - Vegetation 50% of Total Cover: 2.5 20% of Total Cover: 1 5 = Total Cover Present? Yes `• No ' -' Remarks: (If observed, list morphological adaptations below). *Indicator suffix = National status or professional decision assigned because Regional status not defined by FWS. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: DP -2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ (inches) Color (moist) _10 _ Color (moist) % Tvne 1 _ Locz_ Texture Remarks 0-4 30YR 3/3 100 Sandy Loam 4-18 2.5Y 5/4 100 Sandy Loam 1 Type: C=Concentration. D=Depletion. RM=Reduced Matrix, CS=Covered or Coated Sand Grains zLocation: PL=Pore Lining. M=Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S, T, U) ❑ 1 cm Muck (A9) (LRR O) ❑ Histic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S, T, U) ❑ 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) ❑ Loamy Mucky Mineral (Fl) (LRR O) ❑ Reduced Vertic (F18) (outside MLRA 150A,B) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Piedmont Floodplain Soils (F19) (LRR P, S, T) ❑ Stratified Layers (AS) ❑ Depleted Matrix (F3) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 153B) ❑ Organic Bodies (A6) (LRR P, T, U) ❑ Redox Dark Surface (F6) ❑ Red Parent Material (TF2) ❑ 5 cm Mucky Mineral (A7) (LRR P, T, U) ❑ Depleted Dark Surface (F7) ❑ Very Shallow Dark Surface (TF12) ❑ Muck Presence (A8) (LRR U) ❑ Redox Depressions (F8) ❑ Other (Explain in Remarks) ❑ 1 cm Muck (A9) (LRR P, T) ❑ Marl (F10) (LRR U) ❑ Depleted Below Dark Surface (All) ❑ Depleted Ochric (Fl l) (MLRA 15 1) ❑ Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (F12) (LRR O, P, T) ❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P, T, U) ❑ Sandy Muck Mineral (Sl) (LRR 0, S) ❑ Delta Ochric (1`17) (MLRA 151) ❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (1`18) (MLRA 150A, 150B) 3Indicators of hydrology mushydrophytic vegetation and wetland hydrology must be present, ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (1`19) (MLRA 149A) unless disturbed or problematic. ❑ Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑ Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes O No US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 - . , - �.- � ,�� '�! � tf5►'�''s.�' fie. a• a tet• t�>" ,c , yr! t. � `cam ��, t�i'� � �..,:,3i�E�+^Ss'�S�'���i[�:".'���,.�`�PI'"•.+��' �?t y'�_►t"'�c' err14 mpg. �l 7771- n n ; e• ' ': ,.. ��l �l 'AAAA A�lAAl�l -AAAAAI AA41 fires March 29, 2017 302 Jefferson St., Suite 110 Raleigh, NC 27605 Tel. 919.829.9909 Fax. 919.829.9913 10055 Red Run Blvd. Mr. Vann Stancil Suite 130 Habitat Conservation Biologist g Owings Mills, MD North Carolina Wildlife Resources Commission 21117 215 Jerusalem Church Road 412 N. 4th St. Kenly, NC 27542 Suite 300 Baton Rouge, LA 70802 Subject: Project Scoping for Stone Creek Stream Mitigation Project in Johnston County. 100 Calhoun St. Suite 320 Charleston, SC Dear Mr.Stancil, 29401 Thepurpose of this letter is to request, review, and comment on an possible issues that might p� q y p g 5020 Montrose Blvd. suite 650 emerge with respect to fish and wildlife associated with a potential stream restoration project on Houston, TX the attached site (USGS site maps with approximate property lines and areas of potential ground 77006 disturbance are enclosed). The Stone Creek Stream Mitigation Site has been identified by 1200 Camellia Blvd. Resource Environmental Solutions, LLC (RES) to provide compensatory mitigation for suite 220 unavoidable stream and wetland impacts through the Neu -Con Umbrella Mitigation Bank. The Lafayette, LA proposed project involves the restoration and enhancement of approximately 5,886 linear feet of 70508 stream. The site is currently in agricultural use and the stream channels have been straightened 1371/2 East Main St. and channelized. suite 210 Oak Hill, WV We thank you in advance for your timely response and cooperation. You may return the 25901 comment to my attention at the address below. Please feel free to contact me at rmedric(abres.us 33 Terminal Way with any questions that you may have concerning the extent of site disturbance associated with Suite 431 this project. Pittsburgh, PA 15219 Sincerely yours, 302 Jefferson St. Suite 110 Raleigh, NC 27605 1521 W. Main Ryan Medric 2n1 Floor Ecologist Richmond, VA 23220 302 Jefferson St., Suite 110 Raleigh, NC 27605 Tel. 919.829.9909 Fax. 919.829.9913 1231Q �N _ cern r. o Am iocb ce Reach 2 1 ' 1 Drainage Area: Reach 1 1 !- 1 47 Ac. Drainage Area: _ cem 122 Ac. - I o _ 1143j Fcf�� I'S /; /.- `i - .�RfTI . - 165 Paul • 6M 1 O A4 _ is I• � — 175 • � - Ttygt BSA Reach 3 to jvli Drainage Area: ,a j !_- - 634 Ac. p a - reek :- M 110 ter'— ~• Legend I' Proposed Easement cem .71 �\ lot- -- CopyrighR?0 aUonal eographic ociety,-cu ed. s Date: 8/30/2017 Figure 2 - USGS Topographic Map wE Drawn by: ATP 0 1,000 2,000 Stone Creek Mitigation Site res Checked by: DPI Feet Johnston County, North Carolina i fires March 29, 2017 100 Calhoun St. Dear Mr. Benjamin, � � 10055 Red Run Blvd. Mr. Pete Benjamin Suite 130 US Fish and Wildlife Service Owings Mills, MD provide compensatory mitigation for unavoidable stream and wetland impacts through the Neu- p p �' g p g 21117 Raleigh Field Office suite 650 Raleigh, NC 27636-3726 412 N. 4th St. Site. The proposed project involves the restoration and enhancement of approximately 5,886 Suite 300 Subject: Project Scoping for Stone Creek Stream Mitigation Project in Johnston County. Baton Rouge, LA 70802 Please provide comments on any possible issues that might emerge with respect to endangered 302 Jefferson St. species, migratory birds, or other trust resources from the construction of a stream restoration Suite 110 Raleigh, NC project on the subject property. Maps showing the location and approximate limits of the 27605 conservation easement are enclosed. 1521 W. Main We thank you in advance for our timely response and cooperation. You may return the 2 Floor Y Y Y p p Y Richmond, VA comment to my attention at the address below. Please feel free to contact me at rmedric(cDres.us 23220 with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Ryan Medric Ecologist 302 Jefferson St., Suite 110 Raleigh, NC 27605 Tel. 919.829.9909 Fax. 919.829.9913 100 Calhoun St. Dear Mr. Benjamin, � � Suite 320 Charleston, SC 29401 The Stone Creek Site has been identified by Resource Environmental Solutions, LLC (RES) to provide compensatory mitigation for unavoidable stream and wetland impacts through the Neu- p p �' g p g Soto Montrose Blvd. suite 650 Con Umbrella Mitigation Bank. EBX-Neuse I, LLC, a RES entity, is the bank sponsor for the Houston, TX Site. The proposed project involves the restoration and enhancement of approximately 5,886 77006 linear feet of stream. The site is currently in agricultural use and the stream channels have been straightened and channelized. 1200 Camellia Blvd. Suite 220 Lafayette, LA The US Fish and Wildlife Service (USFWS) database (accessed 14 March 2017) lists four 70508 endangered species for Johnston County, North Carolina: Red -cockaded woodpecker (Picoides 1371/2 East Main St. borealis), Dwarf wedgemussel (Alasmidonta heterodon), Tar River spinymussel (Elliptio Suite 210 steinstansana), and Michaux's sumac (Rhus michauxii). No protected species or potential habitat Oak Hill, WV for protected species was observed during preliminary site evaluations. A review of The NHP 25901 database documented aquatic habitat for the Neuse River Waterdog historically mapped in 1979 33 Terminal Way within a one -mile radius of the project area. Based on initial site investigations, no impacts to Suite 431 federally protected species are anticipated as a result of the proposed project. Pittsburgh, PA 15219 Please provide comments on any possible issues that might emerge with respect to endangered 302 Jefferson St. species, migratory birds, or other trust resources from the construction of a stream restoration Suite 110 Raleigh, NC project on the subject property. Maps showing the location and approximate limits of the 27605 conservation easement are enclosed. 1521 W. Main We thank you in advance for our timely response and cooperation. You may return the 2 Floor Y Y Y p p Y Richmond, VA comment to my attention at the address below. Please feel free to contact me at rmedric(cDres.us 23220 with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Ryan Medric Ecologist 302 Jefferson St., Suite 110 Raleigh, NC 27605 Tel. 919.829.9909 Fax. 919.829.9913 eNT OF TyF United States Department of the Intcri®r QP �2 o FISH AND WILDLIFE SERVICE Raleigh ES Field Office A� Post Office Box 33726 CH 3 ,a Raleigh, North Carolina 27636-3726 November 17, 2016 Mr. John Thomas U. S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 NOV 18 2010 RALEIGH REGULATORY FIELD OFFICE _ Subject: Action 1D # 2016-01990; Modification of the Neu -Con Umbrella Mitigation Banking Instrument associated with the addition of the Stone Creek Mitigation Site Dear Mr. Thomas: The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above referenced project. The project, based on the description in your letter to our office, the provided Instrument -Modification; and other°information is expected to have minima' Yadverse'impacts to fish and wildlife resources: The proposed Stone Creek Mitigation Site is approximateiy'l61-acies,'is adli c0' t to Mill Creels, and occurs on Joyiier Bridge Road, in Four Oaks, in Johnston County; North Carolina. -The project proposes to restore 3,413 linear feet (LF), enhance 760 LF, and preserve 1,714 LF of four unnamed tributaries of Mill Creek, all of which will be included within the conservation easement onsite. We do not have any major concerns with the Stone Creek Mitigation Site plan as currently. proposed, and think this project could greatly benefit the downstream water quality. Downstream water quality in this watershed is greatly important to the Service. There have been records of the Neuse River Waterdog {Necturis lewisi), a federal species of concern, downstream in 2014. The Service encourages miligation efforts iti priority -watersheds, or with worts that drains to priority watersheds such as this one, that will benefit federal and state listed species. We will continue to be involved in this project through discussions with the IRT, and will provide additional comments in the future if warranted. The Service has reviewed available information on federally -threatened or endangered species known to occur in Johnson County, specifically within the proposed mitigation worts area, and downstream in the Stone Creek/Mill Creek tributaries and the larger Neuse River. Federally listed species in Johnston County, North Carolina include: Red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Elipfio' steinstansana), dwarf wedgemussel (Alasmidonta heterodon); and Michaux's sumac (Rhus mieh' uxii), in addition to many other federal species of concern. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state, which can be found here: https://ncnlide.nattireserve.or(,/. Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the project area due to lack of appropriate habitat. Therefore, the Service would concur with a determination that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the information provided, and other available information, it appears the actions described in the Mitigation Site plan for the Stone Creek Mitigation Site are not likely to adversely affect federally listed species or their critical habitat as defined by the ESA. We believe that the requirements of Section 7 (a)(2) of the ESA have been satisfied for this project. Please remember that obligations under the ESA must be reconsidered if. (1) new information identifies impacts of this action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is modified in a mamier that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. The Service appreciates the opportunity to comment on this Stone Creek Mitigation Site plan. If you have questions regarding these comments, please contact Emily Wells at 919-856-4520, ext. 25 or by e-mail at < emily_wells@fws.gov >. Sincerely, Peter enj in Field Office Supervisor fires March 29, 2017 Ryan Medric Ecologist 302 Jefferson St., Suite 110 Raleigh, NC 27605 Tel. 919.829.9909 Fax. 919.829.9913 10055 Red Run Blvd. Renee Gledhill -Earley Suite 130 North Carolina State Historic Preservation Office Owings Mills, MD 21117 4617 Mail Service Center Raleigh NC 27699-4617 412 N. 4th St. Suite 300 Baton Rouge, LA 70802 Dear Ms. Gledhill -Earley, 100 Calhoun St. The Stone Creek Site has been identified by Resource Environmental Solutions, LLC (RES) to Suite 320 Charleston, SC provide compensatory mitigation for unavoidable stream and wetland impacts through the Neu- 29401 Con Umbrella Mitigation Bank. EBX-Neuse I, LLC, a RES entity, is the bank sponsor for the Site. The proposed project involves the restoration and enhancement of approximately 5,886 5020 Montrose Blvd. Suite 650 linear feet of stream. Houston, Tx 77006 RES requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential stream and wetland mitigation 1200 Camellia Blvd. Suite 220 project on the Polecat site (a USGS site map with approximate limits of conservation easement is Lafayette, LA attached). 70508 1371/2 East Main St. A review of the N.C. State Historic Preservation Office (SHPO) HPOWEB GIS Service database Suite 210 (blt 2:Hgis.ncdcr.goy/hpoweb/; accessed March 28, 2017) was performed as part of the site due Oak Hill, WV diligence evaluation. The results indicated that there are no historic sites located on or adjacent 25901 to the proposed project. 33 Terminal Way Suite 431 Pittsburgh, PA We ask that you review this site based on the attached information to determine the presence of 15219 any historic properties. We thank you in advance for your timely response and cooperation. You may return the comment tom attention at the address belor via email. Please feel free to �' y below, 302 Jefferson St. Suite 110 contact me at rmedric(a,res.us with any questions that you may have concerning the extent of site Raleigh, NC disturbance associated with this project. 27605 1521 W. Main 2nd Floor Richmond, VA Sincerely, 23220 Ryan Medric Ecologist 302 Jefferson St., Suite 110 Raleigh, NC 27605 Tel. 919.829.9909 Fax. 919.829.9913 0 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz November 28, 2016 John Thomas Raleigh Regulatory Field Office 3331 Heritage Trade Street, Suite 105 Wake Forest, NC 27587 Office or Archives and History Deputy Secretary Kevin Cherry Re: Add Stone Creek Mitigation Site to the New -Con Umbrella Mitigation Bank, SAW 2016-01990, Johnston County, ER 16-2088 Dear Mr. Thomas: We have received a public notice concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at Y CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or eiivii-onmental.review@iiedcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, �"Y�Ramona M. Bartos Location: 109 Fast Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fns: (919) 807-6570/807-6599 Appendix C. Conservation Easement and Plat This appendix will be updated once the easement deeds and plats become available. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of , 201_ by and between ("Grantor") and ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"); WHEREAS, Grantee is a charitable, not-for-profit or educational corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include one or more of the purposes (a) — (d) listed below; (a) retaining or protecting natural, scenic, or open -space aspects of real property; (b) ensuring the availability of real property for recreational, educational, or open -space use; (c) protecting natural resources; (d) maintaining or enhancing air or water quality. WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: add or delete as appropriate: wetlands, streams, and riparian buffers. The purpose of this Conservation Easement is to maintain streams, wetlands and riparian resources and other natural values of approximately _acres, more or less, and being more particularly described in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement Area for any purpose or in any manner that would conflict with the maintenance of its natural condition. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition of the approval of the Mitigation Banking Instrument (MBI) and Mitigation Plan for the _ Army (DA) Action ID Number SAW - the Mitigation Bank in the Mitigation Bank, Department of the entitled "Agreement to Establish River Basin within the State of North Carolina", to be made and entered into by and between acting as the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in consultation with the North Carolina Interagency Review Team (IRT). The Mitigation Site has been approved by the Corps for use as a mitigation bank to compensate for unavoidable stream and wetland impacts authorized by DA permits. WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is also a condition of the approval of the Riparian Buffer and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation Bank, North Carolina Division of Water Resources (NCDWR) Project ID# , which was approved by the NCDWR, and will be made and entered into by and between , acting as the Bank Sponsor, and the NCDWR. The Riparian Buffer and Nutrient Offset Site is intended to be used to compensate for riparian buffer and nutrient impacts to surface waters. WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third - Parties"), and may be exercised through the appropriate enforcement agencies of the United States and the State of North Carolina, and that these rights are in addition to, and do not limit, the rights of enforcement under the NC DWR Project ID# _ and the Department of the Army instrument number SAW - ("Mitigation Banking Instrument"), or any permit or certification issued by the Third - Parties. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any rights of passage for such purposes are prohibited. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement Area except as provided in the Mitigation Plan and Bank Parcel Development Plan. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once a year for no more than five consecutive years from the date on page I of this Conservation Easement, except where mowing will negatively impact vegetation or disturb soils. Mowing activities shall only be performed by and shall not violate any part of Item L of Article II. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area, except to restore natural topography or drainage patterns. For purposes of restoring and enhancing streams and wetlands within the Conservation Easement Area, is allowed to perform grading, filling, and excavation associated with stream and wetland restoration and enhancement activities as described in the Mitigation Plan and authorized by Department of the Army Nationwide Permit 27. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for temporary or occasional access by the Enter Sponsor Name, the Grantee, its employees and agents, successors, assigns, NCDWR, and the Corps for purposes of constructing, maintaining and monitoring the restoration, enhancement and preservation of streams, wetlands and riparian areas within the Conservation Easement Area.. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, including acting as the Bank Sponsor, the right to construct and perform activities related to the restoration, enhancement, and preservation of streams, wetlands and riparian areas within the Conservation Easement Area in accordance with the approved Mitigation Plan, the Bank Parcel Development Package, and the two Mitigation Banking Instruments described in the Recitals of this Conservation Easement. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, the Corps and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting the Conservation Easement Area to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee, Enter Sponsor Name, and its authorized representatives, successors and assigns, the Corps and NCDWR shall also have the right to enter and go upon the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee, the Corps, and NCDWR are allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the terms of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Corps and the NCDWR shall have the same rights and privileges as the said Grantee to enforce the terms and conditions of this Conservation easement.. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons._ B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of the Corps. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3) and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. The combined Mitigation Banking Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding BPDP, and this Conservation Easement sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Long -Term Management. Grantor is responsible for all long-term management activities associated with fencing. These activities include the maintenance and/or replacement of fence structures to ensure the aquatic resource functions within the boundaries of the Protected Property are sustained. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement as determined at the time of the extinguishment or condemnation. J. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: [Name, address and fax number] To Grantee: [Name, address and fax number] To Sponsor: To the Corps: US Army Corps of Engineers Wilmington District Regulatory Division 69 Darlington Avenue Wilmington, NC 28403 To NCDEQ -DWR: NCDEQ— Division of Water Resources 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1601 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section of the Mitigation Plan,_prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (Signatures of the Grantor and Grantee in appropriate form) Appendix D. Existing Conditions Photos (February 8, 2018) Appendix D. Existing Conditions Site Photographs Looking downstream at UT 1 right bank buffer restoration. 02/08/2018 Looking downstream at UT 1 left bank buffer preservation. 02/08/2018 Looking downstream at buffer restoration where UTI goes through tobacco field. 02/08/2018 Buffer preservation at site where UTI will be diverted through before confluence with UT3. 02/08/2018 Looking upstream at buffer restoration at the top of UT4. 02/08/2018 Buffer enhancement on UT4. 02/08/2018 3 •.'� ''.f � �r.:._ p .'R ,tea '*, . •.� 1F�µ�� �i,'v M - .� 3 •.'� ''.f � �r.:._ p .'R ,tea '*, . •.� 1F�µ�� �i,'v Appendix E. Plan Sheet for Ponds I /� ` [` \ _� m -_ar z ee. \ R; ` $ _, « _m kNm,� mmr I | aSN a9111 n_6,ma __e QQ4: