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20180196 Ver 2_BPDP for PN_20200827ID#* 20180196 Version* 2 Select Reviewer:* Katie Merritt Initial Review Completed Date 07/17/2020 Mitigation Project Submittal - 7/16/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes G No Type of Mitigation Project:* r- Stream r Wetlands V Buffer V Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Andrea Eckardt Project Information ................................................................................... ID#:* 20180196 Existing IDI Project Type: Project Name: Email Address:* aeckardt@Wldlandseng.com Version: *2 Existing Version r DMS r Mitigation Bank Catfish Pond II Mitigation Bank Parcel County: Durham Document Information Mitigation Document Type:* Mitigation Plans File Upload: Catfish Pond II BPDP Final 7.16.2020.pdf 19.63MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* Andrea Eckardt Signature:* WILDLANDS ENGINEERING July 16, 2020 Katie Merritt Nutrient Offset & Buffer Banking Coordinator North Carolina Department of Environmental Quality 512 N. Salisbury Street, Raleigh, NC 27620 RE: DWR Draft BPDP Comments Catfish Pond II Mitigation Site (DWR # 2018-0196v2) Orange County, NC Dear Ms. Merritt: Wildlands Engineering, Inc. (Wildlands) has reviewed the Division of Water Resources (DWR) comments dated July 13, 2020 for the Draft Bank Parcel Development Plan (BPDP) for the Catfish Pond II Mitigation Site. All DWR requests for specific text changes were incorporated into the report. A copy of the report showing track changes is available if needed. The DWR questions are listed below in bold, while Wildlands responses are noted in italics lettering. 1. Appendix — Need additional items: Approval letter from DWR of Catfish Pond DMS site (dated 8/19/2019), approval letter from IRT of Catfish Pond DMS Site, Approved Concept Maps from Catfish Pond DMS site including Figure 8 of Buffer Plan for the DMS site. 401 Water Quality Certification and 404 General Permit for the DMS Catfish Pond Mitigation Site were added to the Appendix to document the most recent DWR and IRT approval of the DMS project. The Buffer Concept and Monitoring figure from the June 2020 NCDMS Catfish Pond Mitigation Site As -Built Report was also added to the Appendix rather than the figure from the Mitigation Plan. 2. Section 2.1- Will there now be two fences? One around the DMS site and then an outer fence around the bank boundary. No. There will only be one fence, located around the outermost easement boundary, which is most areas is the bank boundary. Language throughout the report has been added to clarify the fencing boundary. Final fencing is also shown on Figure 7 Concept Map. 3. Section 2.3 — Add a figure from the as -built report that shows the final concept map. Reference that figure here [in Table 3]. The Buffer Concept and Monitoring figure from the June 2020 NCDMS Catfish Pond Mitigation Site As -Built Report was added to the Appendix. 4. Section 2.10 — Why isn't this proposed as Enhancement via Cattle Exclusion as indicated in the viability letter? Is Wildlands not installing a fence around the Bank's easement boundary? Please explain. Wildlands has updated the BPDP to propose Enhancement via Cattle Exclusion in the areas approved for that mitigation type in the site viability letter. The fence was installed around the Bank's easement boundary. 5. Section 2.4 — Where were these measurements taken? The depth of the ditch at each cross-section location shown on Figure 3 was made using the distance between the thalweg and the top of bank. Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 kt� WILDLANDS ENGINEERING 6. Section 4.1— I suggest ripping be performed to remove compact soils. Also, Fescue can out - complete bare roots — no fescue treatment is proposed in the beginning to avoid this issue. Please explain how Wildlands plans to control fescue during site preparation. Wildlands will be ripping the soil prior to planning. That information has been added to the BPDP. Wildlands is proposing the use of a ring -spray herbicide treatment of the fescue after planning, rather than a treatment during parcel preparation. This has been a successful treatment at other recent buffer mitigation and nutrient offset sites. 7. Section 4.1— This paragraph is confusing. Are there two fences? One along DMS boundary and one along Bank's outer boundary? Please explain how agriculture will continue. There is one fence which is located outside the Bank boundary. The cattle no longer have access to either the DMS or Bank areas, but the Bank area is still being mowed until the Bank project is approved and the Bank easement is recorded. 8. Section 4.2 — Planting a permanent seed mix that is abundant in annual and perennial pollinator species is strictly voluntary but is strongly encouraged by DWR in other mitigation plans to promote diversity and enhance the health of herbaceous layer, which can also greatly benefit planted stems. The proposed seed mix contains taxonomic families such as Asteraceae and Lamiaceae which have beneficial relationships with many insects found within the Lepidoptera, Hymenoptera, and Diptera families. 9. Section 4.2 What is your anticipated planting density? Trees will be planted at a density sufficient to meet the performance standards of 260 planted trees per acre at the end of five years. The density is expected to be approximately 600 stems per acre. 10. Section 4.3 and 4.4 — Enhancement and Preservation Activities Wildlands has updated the BPDP to propose Enhancement via Cattle Exclusion in the areas approved for the mitigation type in the site viability letter. The fence has been installed around the Bank's easement area. 11. Table 8 - Requested edits to Tables 8 and 9 All requested table edits have been made. Preservation acreage was converted to enhancement via cattle exclusion acreage and the diffuse flow memo has been applied to the Ditch. The diffuse flow memo deduction is documented in Table 8, Section 7.0, and Figure 7. Table 9 has been updated accordingly. 12. Figures All proposed figure edits were completed. Enclosed please find one (1) hard copy of the updated BPBP. The document has been uploaded to the Laserfiche system as well. Please contact me at 704-560-2997 if you have any questions or concerns. Sincerely, C�duti S. f�kq.d� Andrea S. Eckardt Ecological Assessment Team Leader aeckardt(@wildlandsene.com Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 . , , P ■W s l DEVELOPMENT PACKAGE July 2020 CATFISH POND II MITIGATION BANK PARCEL Durham County, NC DWR Project Number 2018-0196v2 Neuse River Basin HUC 03020201 PREPARED BY: w WILDLANDS Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Phone: (704) 332-7754 Fax: (704) 332-3306 Bank Parcel Development Package Catfish Pond II Mitigation Bank Parcel Neuse River Basin TABLE OF CONTENTS 1.0 Project Introduction..........................................................................................................................1 1.1 Parcel Location and Description...................................................................................................1 2.0 Mitigation Project Summary.............................................................................................................2 2.1 Project Goals.................................................................................................................................2 2.2 Existing Parcel Conditions.............................................................................................................2 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation..............................................3 2.4 Alternative Mitigation for Buffer Mitigation.................................................................................4 2.5 Watershed Characterization.........................................................................................................5 2.6 Geology and Soils..........................................................................................................................5 2.7 Existing Vegetative Communities.................................................................................................6 2.8 Threatened and Endangered Species...........................................................................................6 2.9 Cultural Resources........................................................................................................................7 2.10 FEMA Floodplain Compliance.......................................................................................................7 2.11 Parcel Location, Parcel Constraints, and Access...........................................................................7 2.12 Other Environmental Conditions..................................................................................................7 3.0 Site Protection Instrument................................................................................................................7 4.0 Mitigation Work Plan........................................................................................................................7 4.1 Parcel Preparation........................................................................................................................8 4.2 Riparian Area Restoration Activities.............................................................................................8 4.3 Riparian Area Enhancement Activities..........................................................................................9 4.4 Riparian Area Preservation Activities............................................................................................9 5.0 Monitoring and Maintenance Plan...................................................................................................9 5.1 Monitoring Protocol......................................................................................................................9 5.2 Parcel Maintenance......................................................................................................................9 5.3 Easement Boundaries and Fencing.............................................................................................10 6.0 Financial Assurance and Long -Term Management.........................................................................10 6.1 Financial Assurances...................................................................................................................10 6.2 Long-term Management.............................................................................................................10 7.0 Mitigation Potential........................................................................................................................10 8.0 References......................................................................................................................................14 Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page i July 2020 FIGURES Figure 1 Vicinity Map Figure 2 Service Area Map Figure 3 Site Map Figure 4 USGS Topographic Map Figure 5 Watershed Map Figure 6 NRCS 1976 Soil Survey Map Figure 7 Buffer Credits Map Figure 8 Riparian Buffer Zones Map Figure 9 Monitoring Map Tables Table 1 Ecological and Water Quality Goals Table 2 Buffer Project Attributes Table 3 Project Features Table 4 Drainage Areas and Associated Land Use Table 5 Project Soil Types and Descriptions Table 6 Site Protection Instrument Table 7 Selected Tree Species Table 8 Catfish Pond II Project Mitigation Credits Table 9 Catfish Pond II Total Area of Buffer and Nutrient Offset Mitigation Table 10 Credit Release Schedule APPENDIX Site Photographs and Photo Log Map— February 14, 2020 Historical Aerials Site Viability for Buffer Mitigation and Nutrient Offset Letter — March 13, 2018 Site Viability for Buffer Mitigation and Nutrient Offset Letter Extension — February 19, 2020 USFWS Self -Certification Letter and Correspondence SHPO Request for Review and Response EDR Radius Map Report, Executive Summary NCDWR Approval of 401 Water Quality Certification Catfish Pond Mitigation Site USACE Approval of 404 General Permit Catfish Pond Mitigation Site NCDMS Catfish Pond Mitigation Site As -Built Buffer Concept and Monitoring (Figure 5) Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page ii July 2020 Bank Parcel Development Package Catfish Pond II Mitigation Bank Parcel Neuse River Basin 1.0 Project Introduction The Catfish Pond II Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Catfish Pond II Nutrient Offset and Buffer Mitigation Banking Instrument ("MBI"), made and entered into by Wildlands Holdings V, LLC acting as Bank Sponsor ("Sponsor") and the North Carolina Department of Environmental Quality ("NCDEQ") Division of Water Resources ("NCDWR"). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B .0703 and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 which became effective November 1, 2015. The project is in Durham County approximately 12 miles north of the City of Durham, immediately adjacent to the Full Delivery North Carolina Division of Mitigation Services ("NCDMS") Catfish Pond Mitigation Site, NCDWR Project Number 2018-0196v1, NCDMS ID Number 100039 ("NCDMS Site") (Figure 1). The Parcel expands the existing conservation easement of the riparian area from 50 feet adjacent to mitigated streams in the NCDMS Site to 100-200 feet on along mitigated Catfish Creek, two mitigated unnamed tributaries and one agricultural ditch. The primary purpose of the project is to provide riparian buffer mitigation credits and nutrient offset credits to compensate for unavoidable impacts in the Neuse River Basin 03020201 Hydrologic Unit Code ("HUC") within the Falls Lake Watershed (Figure 2). 1.1 Parcel Location and Description The Parcel is located within the Upper Falls Lake Watershed of the Neuse River Basin HUC 03020201020040 and NCDWR Subbasin 03-04-01 in Durham County. To reach the Parcel from the City of Durham, travel north approximately 12 miles on Highway 501/North Roxboro Street. The Parcel is on the left, 1/2 mile north of the road's intersection with Patrick Road, just south of its intersection with Mountain Creek. Catfish Creek and the other project features flow into Mountain Creek, which subsequently flows into Little River, the Eno River, and then into Falls Lake. Falls Lake is classified as water supply water (WS-IV) and nutrient sensitive waters (NSW) by NCDWR. The proposed project supports specific goals identified in the 2010 Neuse River Basin Restoration Priorities Plan (RBRP) by promoting "nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams and riparian buffers". This riparian mitigation project will reduce sediment and nutrient loading, provide and improve terrestrial and instream habitats, and improve stream and bank stability. The area surrounding the streams proposed for mitigation is currently a mixture of active pasture, open fields, and some woodlands (See the appendix for February 2020 site photos). By removing cattle access and restoring the vegetation on areas up to 200 feet from the streams and ditch; the project will further reduce nutrient and sediment inputs in the tributaries to Mountain Creek, and subsequently Little River and Falls Lake. The restored floodplain areas will filter sediment during high rainfall events. The establishment of riparian vegetation around Ditch D will also create shading to minimize thermal Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 1 July 2020 heating. Finally, the new native vegetation will provide cover and food for wildlife throughout the Parcel. 2.0 Mitigation Project Summary 2.1 Project Goals The major goals of the proposed buffer and nutrient offset mitigation project are to provide ecological and water quality enhancements to the Falls Lake Watershed in the Neuse River Basin by restoring the riparian area located outside of the fifty foot (50') conservation easement for the NCDMS Site to create a wider and more functional riparian corridor. Specific enhancements to water quality and ecological processes are outlined below in Table 1. Table 1: Ecological and Water Quality Goals Goal Objective Exclude cattle from Install fencing around the Bank conservation easement boundary, replacing project features and the fenced area beyond what was proposed in the NCDMS Catfish Pond riparian area within 200 feet of project features. Mitigation Site. Nutrient input will be decreased by filtering runoff from the agricultural fields Decrease nutrient levels. through restored native vegetation. The off -site nutrient input will also be absorbed on -site by filtering flood flows through restored floodplain areas, where flood flows can disperse through native vegetation. Decrease sediment input. Sediment from off -site sources will be captured by deposition on restored floodplain areas where native vegetation will slow overland flow velocities. Decrease water temperature and increase Planted riparian trees will shade the project features as they mature, reducing dissolved oxygen thermal pollution. concentrations. Create appropriate Riparian areas will be restored by treating invasive vegetation and planting terrestrial habitat. native vegetation. Permanently protect the project Parcel from A conservation easement will be recorded on the Parcel. harmful uses. 2.2 Existing Parcel Conditions The proposed buffer mitigation and nutrient offset project includes approximately 33 acres of open cattle pasture along Catfish Creek, two unnamed tributaries (UT1 and Mountain Tributary for the purposes of this project), and a ditch (Ditch D). Previously cattle had access to all streams but with the recent conclusion of construction on the NCDMS Site, the first 50 feet from the project streams were restored or enhanced via cattle exclusion, as a forested riparian area. The Parcel expands beyond that Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 2 July 2020 boundary increasing easement widths from 0-50 feet to 100-200 feet and incorporating a new 200-foot area surrounding Ditch D (Figure 3). Portions of the Parcel's three jurisdictional streams (Catfish Creek, Mountain Tributary, and UT1), one Ditch (D), and one ephemeral channel (EC1) were all part of the NCDMS Site and were restored per the Stream Mitigation Plan. Catfish Creek flows east, beginning as an intermittent stream and becoming perennial. UT1 is a perennial stream that flows northeast, joining Catfish Creek. Both EC1 and Ditch D flow east into UT1. Mountain Tributary begins in the northwest corner of the project area and flows southeast before turning and flowing northeast into Mountain Creek. The NCDMS Site also included an additional stream (UT2) that is not included in the Parcel. In general, this area has maintained its rural, farming character over the last 78 years with only minor changes in land cover (see historical aerials in the appendix). This consistency in land use within the project watershed indicates that watershed processes affecting hydrology, sediment supply, and nutrient and pollutant delivery have not varied widely over this time period. With a lack of developmental pressure, watershed processes and stressors from outside the project limits are likely to remain consistent throughout the implementation, monitoring, and closeout of this project. Table 2: Buffer Project Attributes Project Name Catfish Pond II Mitigation Bank Parcel Hydrologic Unit Code 03020201020040 River Basin Neuse Geographic Location (Lat, Long) 39.16334°, 78.91046° Site Protection Instrument (DB, PG) To be recorded Total Credits 371,089.000 buffer mitigation credits and 45,508.805 lbs. N and 2,931.119 lbs. P Types of Credits Riparian Buffer and Nutrient Offset Credits BPDP Date April 2020 Initial Planting Date January 2021 Baseline Report Date March 2021 MY1 Report Date December 2021 MY2 Report Date December 2022 MY3 Report Date December 2023 MY4 Report Date December 2024 MYS Report Date December 2025 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation NCDWR performed an onsite visit of the project area to determine viability for buffer mitigation and nutrient offset mitigation on February 23, 2018 and issued a site viability letter on March 13, 2018. Five of the six features assessed were deemed viable by NCDWR to generate either buffer mitigation or nutrient offset. The sixth, Ditch D, required more information before a determination of viability could be made. The additional information to support buffer credit viability on Ditch D is included in Section 2.4. The original site viability letter expired in March 2020, but NCDWR issued an extension of the site viability letter on February 19, 2020. The Buffer Interpretation /Clarification Memo #2008-019 applies to Ditch D where maintenance of diffuse flow onsite is unattainable. The reduction in credit from the memo being applied is documented in Figure 7 and Table 8. Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 3 July 2020 There have been no changes to the land use in the Parcel since the NCDWR 2018 site visit. The NCDMS stream and buffer mitigation project is currently under construction. A copy of the "Site Viability for Buffer Mitigation & Nutrient Offset" letter and extension letter from the DWR are included in the appendix and summarized in Table 3. Table 3: Project Features Feature Name** Feature Name (BPDP) (NCDWR Classification Buffer Credit Viable Nutrient Offset Viable Evaluation) UT1 UT1 Stream Yes Yes (non -forested fields only) More information requested Ditch D D Ditch (See Section 2.4) Yes Catfish Creek Catfish Creek Stream Yes Yes (non -forested fields only) Catfish Creek Catfish Pond * In -line pond Yes Yes (where stream is restored) (non -forested fields only) UT2 UT2 Stream Yes Yes (non -forested fields only) Mountain Mountain Stream Yes Yes Tributary Tributary (non -forested fields only) *Catfish Pond was restored as part of the NCDMS Catfish Pond Site, as documented in the NCDMS Catfish Pond As - Built and Baseline Report submitted June 2020. NCDMS Site As -Built Concept and Monitoring Figure 5 is included in he Appendix. ** EC1 was not evaluated for buffer or nutrient viability and is therefore not included in any credit requests. 2.4 Alternative Mitigation for Buffer Mitigation In addition to buffer restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A NCAC 02B 0.0295 (o)), alternative mitigation is proposed on the Parcel in the form of buffer enhancement via cattle exclusion on streams and buffer restoration on ditches. The proposed project is in compliance in the following ways: Enhancement via Cattle Exclusion (15A NCAC 02B .0295 (o)(6): • The area proposed for enhancement was assessed by NCDWR and determined to comply with all of 15A NCAC 02B .0295(o)(6) as documented in the site viability letter. Fencing has been installed around the Bank's easement boundary (NCDMS Site's As -Built Figure 5 which is included in the Appendix). Restoration on Ditches (15A NCAC 02B .0295 (o)(8): • The ditch is directly connected with and draining towards an intermittent or perennial stream (See Figure 3 for connection with UT1). • The ditch is contiguous with the rest of the mitigation site protected under a perpetual conservation easement (See Figure 3 and 7 for easement boundary). • Stormwater runoff from overland flow drains towards the ditch (See Figure 5 for topographic and watershed information). • The ditch is between one and three (3) feet in depth based on the distance from the thalweg to the top of bank (See Figure 3 for depth at cross-section locations). • The entire length of the ditch shall have been in place prior to the effective date of the applicable rule (See appendix for historical aerial photographs). Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 4 July 2020 • The width of buffer restoration on the ditch is no less than 30 feet and no more than 50 feet (See Figure 8 for buffer zones). • The watershed of the ditch is at least four times larger than the restored area along the ditch (See Figure 5 for the watershed and Table 4 for the drainage areas). The following sections describe the existing riparian conditions on the Parcel in terms of watershed, soils, geology, cultural resources, species of concern, regulated floodplain zones, and site constraints. 2.5 Watershed Characterization The Parcel is located within the HUC 03020201020040. All onsite features drain to Mountain Creek, which flows to Littler River, the Eno River, and then into Falls Lake. Falls Lake is classified as water supply waters (WS-IV) and nutrient sensitive waters (NSW). The NSW designation applies to surface waters that are experiencing excessive growths of microscopic or macroscopic vegetation. The topography of the Parcel, as indicated on the Rougemont USGS 7.5-minute topographic quadrangle, shows mostly steeply sloped areas with some moderately sloped areas along UT1 (Figure 4). Drainage areas for the project reaches (Figure 5) were delineated using 2-foot contour intervals derived from the North Carolina Floodplain Mapping Program's 2017 Light Detection and Ranging (LiDAR) data. Land uses draining to the project reaches are a mix of active pastures, fields, and woodlands. The watershed areas and current land use are summarized in Table 4, below. Table 4: Drainage Areas and Associated Land Use Mitigation Area Watershed Area Reach Name (acres) (acres) Land Use Catfish Creek 12.1 197 46% forested; 54% managed herbaceous cover/pasture; 0.2% woody wetland UT1 10.3 108 32% forested; 66% managed herbaceous cover/pasture; 1%shrub Mountain Tributary 1.5 30 92% forested, 8% managed herbaceous cover/pasture Ditch D 7.2* 23 17%forested, 83% managed herbaceous cover/pasture *Of the 7.2 acres of mitigation on Ditch D, 1.9 acres is buffer restoration. The Ditch D watershed is over 12 times the area of buffer restoration on the ditch, meeting the requirements of 15A NCAC 02B .0295 (o)(8) . 2.6 Geology and Soils The project is located in the Ecoregion 45c - Carolina Slate Belt of the Piedmont physiographic province. The Carolina Slate Belt extends from southern Virginia, across the Carolinas, and into Georgia. The Carolina Slate Belt consists of metamorphosed igneous and sedimentary rock including gneiss and schist that has been intruded by younger granitic rocks (NCGS, 2013). The underlying geology of the proposed Parcel is mapped as late Proterozoic to Cambrian (1 billion to 500 million years in age) intermediate metavolcanics rock (CZiv) and felsic meta -volcanic rock (CZfv) (NCGS, 1985). The intermediate meta - volcanic rock is described as metamorphosed andesitic tuffs and flows that are medium to dark grayish green in color with minor felsic and mafic meta-volcanics. The felsic meta -volcanic rock is described as metamorphosed daeitic to rhyolitic flows and tuffs that is light gray to greenish gray in color that interbedded with intermediate meta -volcanic rock. The proposed Parcel is mapped by the Durham County Soil Survey. Project area soils are mapped primarily as wehadkee silt loam, tatum gravelly silt loam, georgeville silt loam, and chewacla and Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 5 July 2020 wehadkee soils. These soils are described below in Table 5. Catfish Creek, UT1, Mountain Tributary, and Ditch D are all depicted as streams on the 1976 NRCS Soil Survey provided in Figure 6. Table 5: Project Soil Types and Descriptions Soil Name Description This soil is found on narrow floodplains with a slope of 0 to 2 percent and is Wehadkee silt loam typically poorly drained and frequently floods. The surface layer of the series is loam with a thickness of about 8 inches. The subsoil of sandy clay loam has a depth of 43 inches. This soil is fairly well suited for pasture. This well -drained soil is found on uplands with a slope of 15 to 25 percent. The surface layer has a gravelly silt loam of about 7 inches. The subsoil of silty Tatum gravelly silt loam clay loam extends to a depth of 42 inches and weathered bedrock is present from 42 to 80 inches. This soil is well suited to pine and hardwood forest and to pasture. Slope and the erosion resulting from runoff are the major concerns in management. This well -drained soil is found on narrow side slopes on uplands with a slope of 6 to 10 percent. It has a surface layer of reddish -brown or brown silt loam Georgeville silt loam to about 7 inches. Its subsoil is red, firm silty clay or silty clay loam to about 10 inches. Slope and erosion resulting from runoff are the major concerns for management. These soils are about 60 percent Chewacla soil and 35 percent Wehadkee soil. These are somewhat poorly drained soils on floodplains with slopes of 0 to 2 Chewacla and Wehadkee soils percent that flood frequently. They occur as long, level areas parallel to the major streams and rivers. These soils have a surface layer of loam to about 4 inches and a subsurface layer of silty clay loam to about 26 inches. These soils are well suited to hardwood forest and pasture. Source: Durham County Soil Survey, USDA-NRCS, http://efotg.nres.usda.gov 2.7 Existing Vegetative Communities Upland portions of the Parcel maintained for cattle grazing are dominated by pasture grasses including tall fescue (Schedonorus arundinaceus), bermudagrass (Cynodon dactylon), and red fescue (Festuca rubra). Herbaceous vegetation in wetland and riparian areas includes tearthumb (Polygonum sagittatum), common rush (Juncus effuses), spotted ladysthumb (Polygonum persicaria), yellow jewelweed (Impatiens pallida), Carex species (Carex spp.), and Japanese stilt grass (Microstegium vimineum). Forested riparian areas are generally narrow or discontinuous, but common tree species present in the canopy are American sycamore (Platanus occidentalis), green ash (Fraxinus pennsylvanica), sweetgum (Liquidambarstyraciflua), yellow poplar (Liriodendron tulipifera), and red maple (Acer rubrum). Additional woody plants present in smaller proportions or lower strata include eastern red cedar (Juniperus virginiana), white oak (Quercus alba), hazel alder (Alnus serrulata), black willow (Salix nigra), paw paw (Asimina triloba), greenbriar (Smilax rotundifolia), Chinese privet (Ligustrum sinense), and Japanese honeysuckle (Lonicera japonica). 2.8 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation database (IPaQ were searched for federally listed threatened and endangered plant and animal species in Durham County, NC. Two listed endangered species and three species proposed for listing as endangered or threatened were identified: the River waterdog (Necturus lewisi), Carolina madtom (No torus furiousus), Atlantic pigtoe (Fusconaia masoni), Michaux's Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 6 July 2020 sumac (Rhus michauxii), and the smooth coneflower (Echinacea laevigata). Wildlands performed a pedestrian survey of the project parcel on April 13, 2018 and again on February 14, 2020. It was determined that there is no suitable habitat for any of the listed species; therefore, the project will have "no effect" on the federally listed species. The USFWS Self -Certification Letter packet and the USFWS response letter agreeing with the determinations are included in the appendix. 2.9 Cultural Resources There are no existing structures in the project area. The Parcel is not located near any sites listed on the National Register with the State Historic Preservation Office (SHPO). SHPO was contacted with request for review and comment on March 2, 2020. SHPO responded on April 17, 2020 and stated they were not aware of any historic resources that would be affected by the project. All correspondence with SHPO is included in the Appendix. 2.10 FEMA Floodplain Compliance No grading activities are proposed in the floodplain, so a floodplain development permit will not be required. No hydraulic modeling is proposed for this project. 2.11 Parcel Location, Parcel Constraints, and Access The Parcel is accessible via a gravel driveway off Roxboro Road. Three internal easement crossings for farm use are part of the proposed conservation easement. These breaks are not included in the credits calculated for the project. There are no other known constraints on the proposed Parcel. 2.12 Other Environmental Conditions An EDR Radius Map Report with Geocheck was ordered for the Parcel through Environmental Data Resources, Inc. on January 29, 2018. Neither the target property nor the adjacent properties were listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There were no known or potentially hazardous waste sites identified within or immediately adjacent to the project area. The Executive Summary of the EDR report is included in the Appendix. 3.0 Site Protection Instrument The land required for planting, management, and stewardship of the mitigation project includes portions of the parcels listed in Table 6. The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved NCDWR conservation easement. Table 6: Site Protection Instrument Site Deed Book Acreage Landowner PIN County Protection and Page to be Instrument Number Protected 0827-02-68- Jack B. Penny Jr, Richard P. Penny, & Gary W. Penny 0515 Durham Conservation Easement To Be Recorded 33 0827-02-67- 0407 4.0 Mitigation Work Plan The project will restore agriculturally impacted land along Catfish Creek, Mountain Tributary and Ditch D on the Parcel to a protected riparian corridor, improving the ecological function of the area. The project Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 7 July 2020 design will ensure that no adverse impacts to wetlands or existing riparian buffers occur. Figure 7 illustrates the conceptual design for the Parcel. Figure 8 further depicts the riparian buffer zones for the Parcel. 4.1 Parcel Preparation The land use within 200 feet from top of bank of the project features has been maintained as cleared for cattle pasture except for a few small forested areas along Catfish Creek and Mountain Tributary. Areas slated for restoration will require little site preparation because the land has been maintained in agriculture. Site preparation will include ripping the soil and select herbicide treatments and/or limited mechanical clearing to remove undesirable vegetation. Where needed, invasive species will be selectively removed and/or spot treated by a licensed pesticide applicator. The Parcel is being fenced during construction of the NCDMS Site to remove cattle from the easement areas as shown on Figure 8, but the Bank conservation easement area will continue to be mowed until the Parcel's conservation easement has been recorded per Section 3.0. 4.2 Riparian Area Restoration Activities Riparian area restoration will involve planting appropriate native tree species along the riparian corridor. A ring spray herbicide treatment of the existing fescue will be done at the time of planting around the base of each planted tree. Additional vegetation management and herbicide applications may be needed over the first few years of tree establishment in the riparian restoration areas to prevent encroachment of undesirable species that may out -compete the planted native vegetation. Tree species planted across the riparian areas of the Parcel will include a mixture of the species listed in Table 7 below. Table 7: Selected Tree Species Species Common Name Density Forest Strata Platanus occidentalis Sycamore 20% Canopy Betula nigra River Birch 20% Canopy Populus deltoides Eastern Cottonwood 10% Canopy Acer negundo Boxelder 10% Subcanopy Diospyros virginiana Persimmon 10% Subcanopy Quercus michauxii Swamp Chestnut Oak 10% Canopy Quercus phellos Willow Oak 10% Canopy Quercus alba White Oak 10% Canopy Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 planted trees per acre at the end of five years. No one tree species will be greater than 50% of the established stems. An appropriate seed mix will also be applied to provide temporary and permanent ground cover for soil stabilization and reduction of sediment loss during rain events in areas without existing herbaceous cover. The proposed seed mix contains taxonomic families such as Asteraceae and Lamiaceae which have beneficial relationships with many insects found within Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 8 July 2020 the Lepidoptera, Hymenoptera, and Diptera families. Planting is scheduled for January 2021. The proposed planting area includes both the areas identified as Buffer Restoration Credits and Nutrient Offset Credits on Figure 7. 4.3 Riparian Area Enhancement Activities Cattle will be excluded using permanent fencing around the conservation easement area (Figure 7) as followed by 15A NCAC 02B .0296(o). The enhancement area will be protected in perpetuity under a conservation easement. 4.4 Riparian Area Preservation Activities No riparian preservation activities are planned for the Parcel. 5.0 Monitoring and Maintenance Plan 5.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration areas to measure the survival of the planted trees. The plots will be randomly placed throughout the planted riparian areas. A total of 23 plots will be established within the riparian buffer restoration and credit generation areas (Figure 9). The size of individual quadrants will be 100 square meters. Vegetation assessments will be conducted and follow the Carolina Vegetation Survey (CVS) Level 2 Protocol for Recording Vegetation (2008). A reference photo will be taken from the southwestern corner of each of the 25 plots. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. Planting is scheduled for January 2021. The first annual monitoring activities will commence at the end of the first growing season, at least five months after planting has been completed and no earlier than the fall season. Species composition, height, and survival rates will be evaluated on an annual basis by plot. The total number of volunteer woody stems will also be documented and reported. The measure 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% of the established planted stems, and an established density of at least 260 planted trees per acre at the end of monitoring year five. Appropriate and desirable native volunteer species may be included in the Parcel's density to meet the performance standards with NCDWR approval. The Sponsor shall submit the annual monitoring report to NCDWR by December 315t of each year for five consecutive years and will follow the terms and conditions of the Catfish Pond II Mitigation Banking Instrument (MBI). 5.2 Parcel Maintenance If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 5.1, adaptive measures will be developed and/or appropriate remedial actions will be implemented. Site maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood of affecting project success. Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. Any parcel maintenance performed will be included in the monitoring report for that year. A rigorous herbicide schedule may need to be implemented in the first few years of tree establishment in the restoration areas to prevent establishment of invasive species that may out -compete the planted native vegetation. Catfish Pond II Mitigation Bank Parcel BPDP lof HUC 03020201 Page 9 July 2020 The only herbicides used on the Parcel will be aquatic approved herbicides that will be applied in accordance with North Carolina Department of Agriculture rules and regulations. The easement boundary will be checked annually as part of monitoring activities. Easement boundary conditions as well as any maintenance performed will be reported in the annual monitoring reports to NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval from NCDWR prior to conducting any mowing activities within Zone 1 and Zone 2 of the Neuse buffers to ensure that no buffer violations have occurred. 5.3 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 fence, marker, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement prior to the NCDWR As -Built inspection. Boundary markers that have been disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Contact information for the conservation easement holder will be included on easement markers. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of the Catfish Pond II Bank Parcel Development Package, the Sponsor shall provide a Performance Bond from a surety that is rated no less than an "A-" as rated by A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of the project as described in the Bank Parcel Development Package (BPDP, but not less than $150,000.00). In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. In that case no performance bond will be necessary. After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring period for a term of one year and be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. Performance bonds for monitoring shall be renewed at least annually to cover the next years monitoring period, with confirmation of renewal provided to NCDWR with each annual monitoring report when applicable. NCDWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6.2 Long-term Management The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved NCDWR conservation easement. The long-term manager will be responsible for periodic inspection of the Parcel to ensure that the restrictions documented in the recorded easement are upheld in perpetuity. 7.0 Mitigation Potential Of the 33.00 acres protected under the conservation easement, the mitigation activity for 28.30 acres is riparian restoration. Of that 28.30 acres of restoration, 8.28 acres is proposed for buffer mitigation credit and 20.02 acres is proposed for nutrient offset credit. There is also 2.96 acres of enhancement via cattle exclusion within the conservation easement proposed for riparian buffer credit. The mitigation Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 10 July 2020 credit calculations were derived based on Wildlands' conceptual design for maximum ecological uplift. The management objectives, mitigation type, and proposed amount of buffer mitigation are presented in Tables 8 and 9, below. The Buffer Interpretation /Clarification Memo #2008-019 applies to Ditch D where maintenance of diffuse flow onsite is unattainable, therefore a total of 3,795 square feet is removed from the creditable area at the top of Ditch A. All of the buffer restoration areas are viable for either riparian buffer credits or nutrient offset credits and can be converted upon approval by NCDWR if within the first 100 feet from top of bank for the areas on Catfish Creek, Mountain Tributary, UT1 or the first 50 feet from top of bank for the Ditch. WCatfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 11 July 2020 Table 8: Catfish Pond II Project Mitigation Credits Neuse 03020201- Upper Falls Lake Service Area N Credit Ratio (sf/credit) P Credit Ratio (sf/credit) 19.16394 297.54099 Final Delivered Delivered Min -Max Total (Creditable) Initial Convertible Feature Mitigation Total Area % Full Credit Convertible Riparian Nutrient Nutrient Credit Type Location Subject? Buffer Feature Name Z Area of Buffer Credit to Nutrient Type Activity Width (ft) (ft) Mitigation (ftz) Ratio (x:l) Credit Ratio to Riparian Buffer Credits Offset? Offset: N Offset: P (x:1) Buffer? (Ibs) (Ibs) Buffer Rural Yes I / P Restoration 51-100 Catfish Creek 113,364 1 100% 1.00000 Yes 113,364.000 N/A Enhancement viaCattle Buffer Rural Yes I / P 51 100 Catfish Creek 68,305 2 100% 2.00000 Yes 34,152.500 No Exclusion Enhancement via Buffer Rural Yes I / P 101-200 Catfish Creek 15,657 2 33% 6.06061 Yes 2,583.403 No — — Cattle Exclusion Nutrient Rural Yes I / P Restoration 101-200 Catfish Creek 331,748 1 33% 3.03030 No — Yes 17,311.054 1,114.966 Offset Buffer Rural Yes I / P Restoration 51-100 Mountain Trib 25,585 1 100% 1.00000 Yes 25,585.000 N/A Enhancement via Buffer Rural Yes I / P 51-100 Mountain Trib 15,618 2 100% 2.00000 Yes 7,809.000 No — — Cattle Exclusion Enhancement via Buffer Rural Yes I / P 101-200 Mountain Trib 5,494 2 33% 6.06061 Yes 906.509 No — — Cattle Exclusion Nutrient Rural Yes I / P Restoration 101-200 Mountain Trib 19,658 1 33% 3.03030 No — Yes 1,025.781 66.068 Offset Buffer Rural Yes I / P Restoration 51-100 UT1 138,555 1 100% 1.00000 Yes 138,555.000 N/A Enhancement via Buffer Rural Yes I / P 51-100 UT1 7,988 2 100% 2.00000 Yes 3,994.000 No — — Cattle Exclusion Enhancement via Buffer Rural Yes I / P 101-200 UT1 15,899 2 33% 6.06061 Yes 2,623.333 No — — Cattle Exclusion Nutrient Rural Yes I / P Restoration 101-200 UT1 287,911 1 33% 3.03030 No — Yes 15,023.581 967.635 Offset Buffer Rural No Ditch Restoration 0-50 D 80,277 1 100% 1.00000 Yes 80,277 N/A Nutrient Rural No Ditch Restoration 51-200' D 232,196 1 100% 1.00000 No — Yes 12,116.298 780.383 Offset D — Credit NA Rural No Ditch Restoration 0-100, 3,795 0 - - - - - Deduction Eligible for Preservation (sf): 162,247 Credit Type Location Subject? Buffer Feature Type Min -Max Mitigation Buffer Activity Width (ft) Preservation Feature Name Total Area (sf) Total (Creditable) Area for Buffer Mitigation (sf) 0 Initial Credit Ratio (x:l) % Full Credit Final Credit Ratio (x:1) Riparian Buffer Credits 0 Preservation Area Subtotal (sf): 0 Preservation as % Total Area of Buffer Mitigation: 0.0% Ephemeral Reaches as % Total Area of Buffer Mitigation: 0.0% Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 12 July 2020 Table 9: Catfish Pond Total Area of Buffer and Nutrient Offset Mitigation TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 357,781 357,781.000 Enhancement: 128,961 52,068.746 Preservation: 0 0.000 Total Riparian Buffer: 486,742 409,849.746 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: 871,513 45,476.713 Phosphorus: 2,929.052 Upon submittal of the appropriate documentation by the Sponsor and subsequent approval by NCDWR, the mitigation credits associated with the Catfish Pond II Mitigation Bank Parcel will be released as described in Table 10 below. Table 10: Credit Release Schedule Task Project Milestone % Credit Available for Sale Instrument and BPDP Approved by NCDWR, NCDMS Full Delivery 1 Mitigation Plans approved by the IRT and DWR, Conservation Easement 20 Recorded and Financial Assurance Posted NCDMS Full Delivery As -Built Report Submitted to NCDWR, all Mitigation Site Earthwork, Planting and Installation of Monitoring 2 Devices Completed for both the Catfish Pond Full -Delivery Site (DMS ID 20 #100039) and the Bank Parcel. 3 Monitoring Financial Assurance Posted and Approval of As -Built Report 10 4 Monitoring Report #1: Approved by the NCDWR & financial assurance 10 renewed Monitoring Report #2: Approved by the NCDWR & financial assurance 5 renewed 10 6 Monitoring Report #3: Approved by the NCDWR & financial assurance 10 renewed Item B(1) of Section X in this Instrument has been completed and 7 approved by NCDWR 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 NCDWR & financial assurance 8 renewed 5 9 Monitoring Report #5: Approved by the NCDWR and final site visit by 10 NCDWR has been conducted Total 100% Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 13 July 2020 8.0 References North Carolina Ecosystem Enhancement Program (NCEEP), 2010. 2010 Neuse River Basin Restoration Priorities Plan (RBRP). https://files.nc.gov/ncdeq/Mitigation%20Services/Watershed_Planning/Neuse_River_Basin/FI NAL %20RBRP%2ONeuse%202010—%2020111207%2000RRECTED.pdf North Carolina Geological Survey (NCGS), 2009. Mineral Resources. http://www.geology.enr.state.nc.us/Mineral%20resources/mineralresources.html North Carolina Natural Heritage Program (NHP), 2019. Natural Heritage Element Occurrence Database, Durham County, NC. https://www.ncnhde.natureserve.org United States Department of Agriculture (USDA), 2006. Natural Resources Conservation Service, Soil Survey Geographic (SSURGO) database for Durham County, North Carolina. https://websoilsurvey.sc.egov.usda.gov/ United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Durham County, NC. https://ecos.fws.gov/ipac/ Catfish Pond II Mitigation Bank Parcel BPDP HUC 03020201 Page 14 July 2020 Figures Directions: Travel North approximately 12 miles on HWY 501/North Roxboro Street from the City of Durham. Parcel is on the left 1/2 mile north of the intersection with Patrick Road just south of Mountain Creek. 1 Project Location r Bank Parcel Conservation Easement NCDMS Conservation Easement Catfish Pond II Bank Parcel Location 60� State Forest Rd o� E CD F Bahama f � � y ti. i1krl78 fad _ a C,eor9e Hopkins. Rd Rw Park I f c 1 7 f $V I 6� j 1 Gl-t� 50V JonllJorersfirt $ j Rd o 0I 4 �`J s— E D- U tr - T. ` C o Ao 3 r i . . Figure 1. Vicinity Map W I L D L A N D S 0 0.5 1 Miles Catfish Pond II E N G I N E E R I N G I I I I I Riparian Buffer and Nutrient Offset Bank Parcel Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC I I I I I I 1 Upper i Falls Lake d j Watershed j I � I Ilill I i II I � j • 1 r j lilll 1, 1 i rygsboro C4 B Everett / Jordan ; t Ike , I � •I County Boundaries j Service Area - Riparian Buffer Credits (HUC 03020201) j 0 Service Area - Nutrient Offset Credits (Falls Lake Watershed) Jz�I * Catfish Pond II Bank Parcel Location I i �I'llrtn�r-e�dlnacr 1` .1�7. Lower , ..r.-� rSL5 Lake Water!;KQd ) m., -�, i Raleigh Louisburg L� Knlghtdale vvendS-.* , r l `` •� I t � IJ /+ .._. .�% - one! �• '�� / `_alma 's s_Inrtlit reld ft / Ra—n /• %ek Rate Park y .. mr� f Creek Co itc. / Ltllangton �. % �1 L`•_n::n 469 rt rJn • J walkertown Cohan •-� -.�'�,T��rti...� .� Cum6eo i ,64 -�. R'. ling Lake 4®�' • Qn I r?"I II W11M Figure 2. Service Area Map Catfish Pond II ONW I L D L A N D S 0 5 10 Miles Riparian Buffer and Nutrient Offset Bank Parcel %ENGINEERING I I I I I Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC Project Location Bank Parcel Conservation Easement (200' from TOB) NCDMS Conservation Easement (50' from TOB) Internal Crossing Project Stream Project Ditch IF a4 r Yl XSECA.,-f' 1 r, depth=1.17' ,' ��•.�\ '� y\ depth=1�69' , Xsm 2X i depth =1.23`X�SEC 1 10,i depth=2.22' ki� JA w,� / �� • •• ./ Figure 3. Site Map W I L. D L, A N D 5 0 200 400 Feet Catfish Pond II E N G I N E E R I N G I I I I I ,J, Riparian Buffer and Nutrient Offset Bank Parcel Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC � J ft (O of 0 Project Location Bank Parcel Conservation Easement If 10 Figure 4. USGS Topographic Map W I L D L A N D S 0 500 1,000 Feet Catfish Pond II ENGINEERING I I I I I Riparian Buffer and Nutrient Offset Bank Parcel Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC QProject Location Watershed - Catfish Creek Watershed - Mountain Tributary Watershed - UT1 ® Watershed - Ditch D F - Project Stream Project Ditch Ephemeral Channel Topographic Contours (4') Non -Project Streams p 11 T Figure S. Watershed Map W I L D L A N D 5 Catfish Pond II ENGINEERING 0 300 600 Feet Riparian Buffer and Nutrient Offset Bank Parcel I I I Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC Bank Parcel Conservation Easement HsC r GeR Al n GeB pp� CSC �1 �h c� e B 9 NaD e r Wn - C� , / + I , r GeC ^ y4 ` eB Da 1 H R �y Nabp Hr, Soil Survey of Durham County, NC - 1976 Figure 6. NRCS 1976 Soils Map \V I I_, D L A N D S 0 300 600 Feet Catfish Pond II liz ENGINEERING I I I I I Riparian Buffer and Nutrient Offset Bank Parcel Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC Figure 7. Buffer Credits Map 0 200 400 Feet Catfish Pond II W I L ENGINEERING INEERING A iV D S Riparian Buffer and Nutrient Offset Bank Parcel EI I I I I Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC a F t r.. Project Location L- -� Bank Parcel Conservation Easement (200' from TOB) ate" NCDMS Conservation Easement (50' from TOB) AC Internal Crossings - Project Stream r K Project Ditch Project Ephemeral Channel Buffer Zones 50 from Top of Bank 0 100 from Top of Bank 200 from Top of Bank }' t Non -Project Streams :L{ %v Figure 8. Riparian Buffer Zones Map WILIJLA NITS 0 200 400 Feet Catfish Pond II ENGINEERING I Riparian Buffer and Nutrient Offset Bank Parcel I I I I Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC Figure 9. Monitoring Map 0 200 400 Feet Catfish Pond II ENGINEERING W L D L A, D S Riparian Buffer and Nutrient Offset Bank Parcel I I I I I Bank Parcel Development Package Neuse River Basin 03020201 (Falls Lake) Durham County, NC Appendix CURRENT LAND USE PHOTOGRAPHS Catfish Pond II Mitigation Bank Parcel Catfish Creek Photo Point 1— Reach 6 — Downstream (0211412020) Photo Point 2 — Reach 7 — Downstream (0211412020) I Photo Point 3 — Reach 7 — Downstream (0211412020) Photo Point 4 — Reach 1 and 2 — Downstream (0211412020) Photo Point 5 — Reach 3 — Downstream (0211412020) Photo Point 6 — Reach 4 — Downstream (0211412020) Catfish Pond II Mitigation Bank Parcel HUC 03020201 Photo Point 7 — Reach 5 — Downstream (0211412020) 1 Photo Point 8 — Reach 6 — Downstream (0211412020) 1 Photo Point 9 — Reach 7 — Downstream (0211412020) 1 Photo Point 10 — Reach 7 — Downstream (0211412020) 1 Photo Point 11— Reach 7 — Upstream (0211412020) Catfish Pond II Mitigation Bank Parcel HUC 03020201 UT1 Photo Point 12 — Reach 1— Downstream (0211412020) Photo Point 13 — Reach 1— Upstream (0211412020) Photo Point 14 — Reach 2 — Downstream (0211412020) 1 Photo Point 15 — Reach 3 — Downstream (0211412020) 1 Photo Point 16 — Reach 4 — Downstream (0211412020) 1 Photo Point 17 — Reach 1— Downstream (0211412020) 1 Catfish Pond II Mitigation Bank Parcel HUC 03020201 Photo Point 18 — Reach 2 — Downstream (0211412020) 1 Photo Point 19 — Reach 2 — Upstream (0211412020) 1 Photo Point 20 — Reach 3 — Downstream (0211412020) 1 Photo Point 21— Reach 4 — Downstream (0211412020) I Catfish Pond II Mitigation Bank Parcel HUC 03020201 Ditch D Photo Point 22 — East/Downstream (0211412020) Photo Point 23 — East/Downstream (0211412020) Catfish Pond II Mitigation Bank Parcel HUC 03020201 Mountain Tributary Photo Point 24 — East/Downstream (0211412020) Photo Point 26 — Northeast/Downstream (0211412020) Photo Point 25 — East/Toward stream (0211412020) Catfish Pond II Mitigation Bank Parcel HUC 03020201 ems, y 'vAv4 Project Location 14 x __, Conservation Easement Boundary DMS Conservation Easement . ° Internal Crossing Ephemeral Channel Intermittent Stream - Perennial Stream Non -Project Streams 25 -s Topographic Contours (4') Existing Tree Line 24 Reach Breaks 21, v0 Photo Points X ,,� 4. -- 'i X • �% Goa 21 922 f� fPY ., 14 Y._. 12 17 i yr �; / z • ear • r A'. Y '!�' a. ':or r. Photo Log Points %�Tv W I L D L A N D S 0 250 500 Feet Catfish Pond II Mitigation Bank Parcel lr� E N G I N E E R I N G I I I I I Neuse River Basin 03020201 (Falls Lake Basin) Durham County, NC INQUIRY #: 4382018.1 W YEAR: 1972 EDR INQUIRY #: 4382018.1 YEAR: 1983 = 500' IN (rEDR T� ONO* T7 • % V% r . Y I '� � Y» 3e�ar? . � _� �,�' h ._, ..ih�,, _ � I` `l, � � i s � '% .. _ . - / �. i J F f ,�[ _ , �,�, _ I ,/, - � •� A > � � * �� �y \ I f �� • Z, Y ,Y�• � v �+ �,� ♦ � r` �� ��' � � � � � t• _ .r � �. � _ y �:� � ! .� t � - I: '� 1 �� 6' � a. Y ♦ 1 ' \` �� Y . j l /"� T ...� y <� ,i •, c; ' �' .: r � � • • jam` 11 k .. �, .�, t F Eq.00 6 y p • ` a dI Ah ob r' + ,e,' 1• so INQUIRY M 4382018.1 YEAR: 2006 i I = 500' I N (rEDR r a- Mw"a"** k i vm*I - .- 00 - 11 lk - 4A -a- ., At In, Ir war" 41h. 'SIP v P6 V ukiix -16 PY, I "F � Nn I lie 77' i 411A. 1 05. 7 r t f I. f { ' V , 1 b r _ !Y r { �-- r k � Y' tom_ �'�.•�� . RY #: 4382018.1 ■' r _ M• r ^� ,� 2009 N (rEDR = 500, _., e . •I 't; s I 16 INQUIRY #: 4382018.1 IN i YEAR: 2012 1 CEDR 500' 0i I ,VA4t 'SA 44 t Water Resources ENVIRONMENTAL QUALITY March 13, 2018 Wildlands Engineering, Inc. Attn: John Hutton 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 (via electronic mail: scottL&waterlandsolutions.com ) ROY COOPER Golvlaol MICHAEL S. REGAN &,( return LINDA CULPEPPER Interim Director DWR ID# 2018-0196 Johnston County Re: Site Viability for Buffer Mitigation & Nutrient Offset — Catfish Pond Site Off US-501 (36.158391,-78.907343) Neuse 03020201 (Falls Lake WS) Durham County Dear Mr. Hutton, On February 23, 2018, Katie Merritt, with the Division of Water Resources (DWR), assisted you and others from Wildlands Engineering, Inc. at the proposed Catfish Pond Mitigation Site (Site) in Bahama, NC. The Site is located in the Falls Lake WS of the Neuse River Basin within the 8- digit Hydrologic Unit Code 03020201. The Site is being proposed as part of a full -delivery stream restoration project for the Division of Mitigation Services (RFP #16-007279). Members of the Interagency Review Team (IRT) and Division of Mitigation Services were also present onsite. At your request, on February 23, 2018, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams and ditches onsite, which are shown on the attached map labeled "Figure 6A Concept Map". Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) out to 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 'Subject Riparian Land uses Buffer ZNutrient Mitigation Type Determination w/in riparian to Buffer adjacent to Feature areas Credit Offset Viable Rule 0-200' at 2,273 Viable Ibs acre UT1 Stream & Yes Combination of Yes° Yes (non- Fields - Restoration Site per 15A NCAC 02B Wetland (where forested and forested fields .0295 (n) complex stream is non/forested pasture only) Proposed for restored) grazed by cattle Forested Areas - Enhancement Site per 15A stream NCAC 02B .0295 (o) (6) restoration Crossing 1 has impeded flow and Crossing 2 is severely perched with impeded flow. Both crossings need be repaired/replaced. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Catfish Pond Full -Delivery Site Wildlands March 13, 2018 Feature Classification 'Subiect Riparian Land uses Buffer 2Nutrient Mitigation Type Determination w/in riparian adiacent to Feature areas to Buffer Credit Offset Viable Rule at 2,273 (0-2001 Viable Ibs acre D Ditch No Non -forested pasture *see Yes Fields - Restoration Site per 15A NCAC 02B grazed by cattle Note .0295 (n) *The ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, C & E). More information is needed for complete assessment. Catfish Stream Yes Combination of Yes° Yes (non- Fields - Restoration Site per 15A NCAC 02B Creek forested and forested fields .0295 (n) non/forested pasture only) grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) Crossing 3 has impeded flow and needs to be repaired/replaced Catfish In -line pond Yes Combination of *Yes° Yes (non- Fields - Restoration Site per 15A NCAC 02B Pond (proposed forested and forested fields .0295 (n) for stream non/forested pasture only) Restoration) grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 026.0295 (o) (6) *If stream channel is created & restored through the pond, the new riparian areas will be viable as a Restoration Site UT2 Stream Yes Mostly forested Yes° Yes (non- Fields - Restoration Site per 15A NCAC 02B pasture with some forested fields .0295 (n) open canopy areas only) and grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 026 .0295 (o) (6) Mountain Stream Yes Mostly forested Yes4 Yes (non- Fields - Restoration Site per 15A NCAC 02B Tributary pasture with some forested fields .0295 (n) open canopy areas only) and grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 026 .0295 (o) (6) 'Subjectivity calls for the features were determined by DWR in correspondence dated March 12, 2018 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment '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 described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). Page 213 Catfish Pond Full -Delivery Site Wildlands March 13, 2018 The attached map (Figure 6A Concept Map) showing the project site and features was provided by Wildlands Engineering and was initialed by Ms. Merritt on March 13, 2018. There were at least 3 crossings that need to be repaired or replaced to allow for aquatic passage and continuous hydrologic connectively throughout the streams. This letter should be provided in any future stream, wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation 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. For any areas generating wetland mitigation credit, no buffer or nutrient offset credit can be generated. This viability assessment will expire on March 13, 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. KAH/km Attachments: Figure 6A Concept Map cc: File Copy (Katie Merritt) DMS - Jeff Schaffer (via electronic mail) Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 313 .� J W. JUN w40 .�r•dw Project Location -�•� �� "mow � �1� Ii� . � I Proposed Conservation Easement L���� t + B M P Proposed Crossings Existing Streams 4 t Stream Enhancement 11 Stream Restoration t 1 r Pt wow IJ+ +�I f 1 1� � . • i � fir. � - . � � �.. ' � i F . � r •! 4k ■ IL 44 ` JI jr ' kk To _ rwr. an JF I. 46 • i P S I r r f . + Ilk * W •. � f - � C � a t :No BMP here but can C. too s s- fn g" 2 d for hi iffori Existing Crossing e Removed • _ J OL - *L ■ if criterimet.�- .-fay � 4 it } a dd this wetland tot y, bf r +r CE/Pri area - IM LIS •� 4 !� r, •max � P 1 err - •' r i . ®r 4- fit .4P t r ,f T - _i 411 Mimi W1M1MIM 1MI#�f�lll#lid 0. i ti rR � + . -lop it lip A -�- 3 - Rfk ! • afi IL 15 wile Figure 6A Concept Mai (Option 1 WlLDLANDS 500 Feet Catfish Pond Mitigation Site G I N E E R I N G ease River Basin 03020201 Durham County, NC ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 19, 2020 DWR ID# 2018-0196 Wildlands Engineering, Inc. Johnston County Attn: Andrea Eckardt 1430 South Mint St, Suite 104 Charlotte, NC 28203 (via electronic mail: aeckardtLa)wildlandseng com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Catfish Pond Site Off US-501 (36.158391,-78.907343) Neuse 03020201 (Falls Lake Watershed) Durham County Dear Ms. Eckardt On March 13, 2018, DWR issued a site viability letter for the Catfish Pond Site (DMS RFP#16- 007279). On February 18, 2020, you requested one (1) amendment be considered to the previous letter. Upon DWR review of the documentation you provided on February 18, 2020, this letter replaces the previous letter with the following amendment only: 1. Expiration date for the viability assessment is extended through September 13, 2020. This viability assessment will now expire on September 13, 2020 or upon the submittal of an As - Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Mac Haupt, Acting Supervisor 401 and Buffer Permitting Branch MH/km Attachments: Site Viability Letter dated March 13, 2018 cc: File Copy (Katie Merritt) D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699 1611 "TH GAROLIN ^^� /� 919.707.9000 eNT OF T o United States Department of the FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 03/02/2020 Self -Certification Letter Project Name Catfish Pond II Mitigation Bank Parcel Dear Applicant: u.7 FISH S WILDLIFE SEN V IC E Interior fi �pM Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑✓ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.htrnl. If you have any questions, you can write to us at Raleigh(cr�,fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Species Conclusions Table Project Name: Catfish Pond II Mitigation Bank Parcel Date: 03/02/2020 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Notes / Documentation Determination Neuse River Waterdog No suitable habitat present No Effect A Field Survey was conducted on February 14, 2020 and no (Necturus lewisi) suitable habitat was found due to poor water quality, ditch size, and lack of constant water flow through all seasons. No individuals of the species were found. The proposed project is not in the proposed critical habitat area designated by USFWS for this species. Per NCNHP data explorer, no known element occurrences exist within the proposed project area. Carolina Madtom No suitable habitat present No Effect A Field Survey was conducted on February 14, 2020 and no (Noturus furiosus) suitable habitat was found due to poor water quality, siltation, ditch size, and lack of constant water flow through all seasons. No individuals of the species were found. The proposed project is not in the proposed critical habitat area designated by USFWS for this species. Per NCNHP data explorer, no known element occurrences exist within the proposed project area. Atlantic Pigtoe No suitable habitat present No Effect A Field Survey was conducted on February 14, 2020 and no (Fusconaia masoni) suitable habitat was found due to poor water quality, siltation, and lack of constant water flow through all seasons. No individuals of the species were found. The proposed project is not in the proposed critical habitat area designated by USFWS for this species. Per NCNHP data explorer, no known element occurrences exist within the proposed project area. Michaux's Sumac Suitable habitat present, No Effect A Field Survey was conducted on April 13, 2018 and February (Rhus michauxii) Species not present 14, 2020. Suitable habitat was found but cattle have full access to the entire area and no individuals of the species were found. There is no critical habitat designated by USFWS for this species. Per NCNHP data explorer, no known element occurrences exist within the proposed project area. Smooth Coneflower Suitable habitat present, No Effect A Field Survey was conducted on April 13, 2018 and February (Echinacea laevigata) Species not present 14, 2020. Suitable habitat was found but cattle have full access to the entire area and no individuals of the species were found. There is no critical habitat designated by USFWS for this species. Per NCNHP data explorer, no known element occurrences exist within the proposed project area. Bald Eagle No known nests in area Unlikely to disturb nesting bald eagles Critical Habitat No critical habitat present Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. Environmental Scientist Signature /Title Date 03/02/2020 r iwi i +.�ti+'i i I -I I I t United States Department of the Interior I iN nY FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: February 21, 2020 Consultation Code: 04EN2000-2020-SLI-0708 Event Code: 04EN2000-2020-E-01578 Project Name: Catfish Pond II Mitigation Bank Parcel Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 02/21/2020 Event Code: 04EN2000-2020-E-01578 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ rnmtnw_html _ Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 02/21/2020 Event Code: 04EN2000-2020-E-01578 Attachment(s): • Official Species List 02/21/2020 Event Code: 04EN2000-2020-E-01578 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 02/21/2020 Event Code: 04EN2000-2020-E-01578 Project Summary Consultation Code: 04EN2000-2020-SLI-0708 Event Code: 04EN2000-2020-E-01578 Project Name: Catfish Pond II Mitigation Bank Parcel Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: Catfish Pond II Mitigation Bank Parcel (Phase II) is a buffer restoration project located approximately twelve miles north of the City of Durham and approximately three miles east of the Orange County/Durham County border. The project is comprised of approximately 31.6 acres along Catfish Creek and three additional unnamed tributaries. The Parcel has historically been disturbed due to livestock use. This project will establish adequate buffers along these streams to improve water quality and wildlife habitat, both aquatic and terrestrial. The project easement is immediately adjacent to Catfish Pond Mitigation Site (Phase I of the project), which is currently under construction. The Parcel expands the riparian buffer area from 50 feet in Phase I to 100-200 feet on project streams and ephemeral channels. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/36.16225387304823N78.91412318492708W .kph f "` try Counties: Durham, NC 02/21/2020 Event Code: 04EN2000-2020-E-01578 3 Endangered Species Act Species There is a total of 5 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Amphibians NAME STATUS Neuse River Waterdog Necturus lewisi Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https://ecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered Species profile: https:Hecos.fws.gov/ecp/species/528 Clams NAME Atlantic Pigtoe Fusconaia masoni There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/5164 STATUS Proposed Threatened 02/21/2020 Event Code: 04EN2000-2020-E-01578 4 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/sl2ecies/5217 Smooth Coneflower Echinacea laevigata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/si2ecies/3473 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Tasha King From: Wells, Emily N <emily_wells@fws.gov> Sent: Wednesday, March 4, 2020 10:02 AM To: Mann, Leigh; Tasha King Subject: Re: DUE DATE: MARCH 26, 2020 Fw: Online Project Review Certification Letter - Catfish Pond II Mitigation Bank Parcel Follow Up Flag: Follow up Flag Status: Completed Hi Tasha, Thank you for the information and descriptions of the site conditions. Based on the location and current conditions of the site, we would agree with your conclusion table for these species. You do not need anything further from the Service. Thank you, Emily From: Mann, Leigh <leigh_mann@fws.gov> on behalf of Raleigh, FW4 <raleigh@fws.gov> Sent: Wednesday, March 4, 2020 9:07 AM To: Wells, Emily N <emily_wells@fws.gov> Subject: DUE DATE: MARCH 26, 2020 Fw: Online Project Review Certification Letter - Catfish Pond II Mitigation Bank Parcel From: Tasha King <tking@wildlandseng.com> Sent: Tuesday, March 3, 2020 1:35 PM To: Raleigh, FW4 <raleigh@fws.gov> Subject: [EXTERNAL] Online Project Review Certification Letter - Catfish Pond II Mitigation Bank Parcel Good morning, I have attached a copy of the Catfish Pond II Mitigation Bank Parcel online project review certification letter. The US Fish and Wildlife Service has previously responded to Wildlands request for comment on NCDMS Catfish Pond Mitigation Site (Phase I of the project), which is currently under construction, in a letter dated March 2, 2018. Catfish Pond II Mitigation Bank Parcel (Phase II) is a buffer restoration project adjacent to the current Phase I easement. The Parcel expands the riparian buffer area from 50 feet in Phase I to 100-200 feet on project streams, ephemeral channels, and a ditch. The three newly proposed endangered or threatened species in this area are included in the Species Conclusion Table. I have also attached a map (Figure 1) to help clarify but please let me know if you have any questions. Thank you very much, Tasha King WILDLANDS ENGINEERING March 2, 2020 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Catfish Pond II Mitigation Bank Parcel Durham County, North Carolina Dear Ms. Gledhill -Earley, Catfish Pond II Mitigation Bank Parcel (Phase 11) is a buffer restoration project located approximately twelve miles north of the City of Durham and approximately three miles east of the Orange County/Durham County border. The project is comprised of approximately 31.6 acres along Catfish Creek and three additional unnamed tributaries. The project easement is immediately adjacent to the NCDMS Catfish Pond Stream Mitigation Site (Phase I of the project), which is currently under construction. The Parcel expands the riparian buffer area on the project streams from 50 feet in Phase I to 100-200 feet on project streams, ephemeral channels, and a ditch (Figure 1). The State Historic Preservation Office has previously responded to our request for comment on Phase I (tracking number ER 18-0328) in a letter dated March 5, 2018, stating they "are aware of no historic resources which would be affected". Wildlands Engineering, Inc. would like to request a review and comment on the additional area covered by Phase 11 of the project (Figure 1). The project area has been historically disturbed due to livestock use. No surveyed sites listed on the North Carolina State Historic Preservation office website are located within the project area, there are no existing structures in the easement area, and no archaeological artifacts have been observed. A USGS Topographic Map and a Site Map showing the approximate project area are enclosed. The topographic figure was prepared from the Rougemont 7.5-Minute USGS Topographic Quadrangle, and the site is located at latitude 36.163542 longitude-78.911456. We ask that you review the additional Phase II project area based on the attached information to determine the presence of any historic properties. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, —T�, Tasha King Environmental Scientist tking@wildlandseng.com 919.851.9986 x116 Attachment: Figure 1 Site Map Figure 2 USGS Topographic Map Wildlands Engineering, Inc. (P) 919.851.9986 • 312 West Millbrook Road, Suite 225 • Raleigh, NC 27609 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton April 17, 2020 Tasha King Wildlands Engineering, Inc. 312 West Millbrook Road, Suite 225 Raleigh, NC 27607 Re: Catfish Pond Mitigation Site, Bahama, ER 18-0328 Dear Ms. King: tkingkwildlandseng. com Thank you for your email of March 2, 2020, concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, amona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 N Roxboro Rd N Roxboro Rd Bahama, NC 27503 Inquiry Number: 5170975.2s January 29, 2018 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR ° Toll Free: 800.352.0050 www.edrnet.com FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary ES1 Overview Map----------------------------------------------------------- 2 DetailMap-------------------------------------------------------------- 3 Map Findings Summary 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting Source Map------------------------------------------------ A-8 Physical Setting Source Map Findings---------------------------------------- A-9 Physical Setting Source Records Searched PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5170975.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS N ROXBORO RD BAHAMA, NC 27503 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 36.1625620 - 36° 9' 45.22" 78.9100680 - 78° 54' 36.24" Zone 17 687990.5 4003802.0 439 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5945265 ROUGEMONT, NC Version Date: 2013 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20140619 Source: USDA TC5170975.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY Target Property Address: N ROXBORO RD BAHAMA, NC 27503 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 5170975.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Proposed National Priority List Sites NPL LIENS___________________ Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY ---------- Federal Facility Site Information listing SEMS________________________ Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS------------------ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF----------------- RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG------------------ RCRA- Small Quantity Generators RCRA-CESQG--------------- RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System US ENG CONTROLS --------- Engineering Controls Sites List TC5170975.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL_________ Sites with Institutional Controls Federal ERNS list ERNS________________________ Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS------------------------ Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF______________________ List of Solid Waste Facilities OLI Old Landfill Inventory State and tribal leaking storage tank lists LAST_________________________ Leaking Aboveground Storage Tanks LUST ------------------------- Regional UST Database INDIAN LUST Leaking Underground Storage Tanks on Indian Land LUST TRUST_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . State Trust Fund Database State and tribal registered storage tank lists FEMA UST___________________ Underground Storage Tank Listing UST Petroleum Underground Storage Tank Database AST__________________________ AST Database INDIAN LIST ------------------ Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites VCP__________________________ Responsible Party Voluntary Action Sites INDIAN VCP------------------ Voluntary Cleanup Priority Listing State and tribal Brownfields sites BROWNFIELDS Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS__________ A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites SWRCY______________________ Recycling Center Listing TC5170975.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY HIST LF______________________ Solid Waste Facility Listing INDIAN ODI__________________ Report on the Status of Open Dumps on Indian Lands ODI Open Dump Inventory DEBRIS REGION 9----------- Torres Martinez Reservation Illegal Dump Site Locations IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL______________________ National Clandestine Laboratory Register Local Land Records LIENS 2______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System SPILLS_______________________ Spills Incident Listing IMD__________________________ Incident Management Database SPILLS 90 SPILLS 90 data from FirstSearch SPILLS 80-------------------- SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR--------- RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD_________________________ Department of Defense Sites SCRD DRYCLEANERS______- State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST ------------ EPA WATCH LIST 2020 COR ACTION_ _ _ _ _ _ _ _ _ _. 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS_________________________ Toxic Chemical Release Inventory System SSTS------------------------- Section 7 Tracking Systems ROD Records Of Decision RMP_________________________ Risk Management Plans RAATS_______________________ RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS________________________ PCB Activity Database System ICIS__________________________ Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS________________________ Material Licensing Tracking System COAL ASH DOE Steam -Electric Plant Operation Data COAL ASH EPA______________ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER________ PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS___________________ FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS____________________ Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV_____________ Indian Reservations FUSRAP_____________________ Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS____________ Lead Smelter Sites TC5170975.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US AIRS_____________________ Aerometric Information Retrieval System Facility Subsystem US MINES -------------------- Mines Master Index File ABANDONED MINES Abandoned Mines FINDS ------------------------ Facility Index System/Facility Registry System UXO -------------------------- Unexploded Ordnance Sites DOCKET HWC Hazardous Waste Compliance Docket Listing ECHO ------------------------ Enforcement & Compliance History Information FUELS PROGRAM___________ EPA Fuels Program Registered Listing COAL ASH Coal Ash Disposal Sites DRYCLEANERS-------------- Drycleaning Sites Financial Assurance_ _ _ _ _ _ _ _ _ _ Financial Assurance Information Listing NPDES NPDES Facility Location Listing UIC--------------------------- Underground Injection Wells Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP____________________ EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _. EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS-------------------- Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST___________________ Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC5170975.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5170975.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 5170975.2S Target Property o a z 1 ones A Sites at elevations higher than or equal to the target property Indian Reservations BIA 0 Upgradient Area Sites at elevations lower than 100-year flood zone Hazardous Substance the target property 0 Disposal Sites 500-year flood zone 1 Manufactured Gas Plants National Wetland Inventory El National Priority List Sites Dept. Defense Sites 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: N Roxboro Rd CLIENT: Wildlands Eng, Inc. ADDRESS: N Roxboro Rd CONTACT: Carolyn Lanza Bahama NC 27503 INQUIRY #: 5170975.2s LAT/LONG: 36.162562 / 78.910068 DATE: January 29, 2018 2:29 pm Copyright 2, 2018 EDR, Inc. (c) 2015 TornTom Rel. 2015. DETAIL MAP - 5170975.2S * Target Property A Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property A Manufactured Gas Plants r Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1/16 1/B 1/4 Miles 0 Indian Reservations BIA Hazardous Substance 0 100-year flood zone Disposal Sites 0 500-year flood zone National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: N Roxboro Rd CLIENT: Wildlands Eng, Inc. ADDRESS: N Roxboro Rd CONTACT: Carolyn Lanza Bahama NC 27503 INQUIRY #: 5170975.2s LAT/LONG: 36.162562 / 78.910068 DATE: January 29, 2018 2:31 pm Copyright 2, 2018 EDR, Inc. (c) 2015 TornTom Rel. 2015. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS-ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LAST 0.500 0 0 0 NR NR 0 TC5170975.2s Page 4 Database MAP FINDINGS SUMMARY Search Distance Target Total (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted LUST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites VCP 0.500 0 0 0 NR NR 0 INDIAN VCP 0.500 0 0 0 NR NR 0 State and tribal Brownfields sites BROWNFIELDS 0.500 0 0 0 NR NR 0 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS 0.500 0 0 0 NR NR 0 Local Lists of Landfill / Solid Waste Disposal Sites SWRCY 0.500 0 0 0 NR NR 0 HIST LF 0.500 0 0 0 NR NR 0 INDIAN ODI 0.500 0 0 0 NR NR 0 ODI 0.500 0 0 0 NR NR 0 DEBRIS REGION 9 0.500 0 0 0 NR NR 0 IHS OPEN DUMPS 0.500 0 0 0 NR NR 0 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL TP NR NR NR NR NR 0 US CDL TP NR NR NR NR NR 0 Local Land Records LIENS 2 TP NR NR NR NR NR 0 Records of Emergency Release Reports HMIRS TP NR NR NR NR NR 0 SPILLS TP NR NR NR NR NR 0 IMD 0.500 0 0 0 NR NR 0 SPILLS 90 TP NR NR NR NR NR 0 SPILLS 80 TP NR NR NR NR NR 0 Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR 0 TC5170975.2s Page 5 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 FUDS 1.000 0 0 0 0 NR DOD 1.000 0 0 0 0 NR SCRD DRYCLEANERS 0.500 0 0 0 NR NR US FIN ASSUR TP NR NR NR NR NR EPA WATCH LIST TP NR NR NR NR NR 2020 COR ACTION 0.250 0 0 NR NR NR TSCA TP NR NR NR NR NR TRIS TP NR NR NR NR NR SSTS TP NR NR NR NR NR ROD 1.000 0 0 0 0 NR RMP TP NR NR NR NR NR RAATS TP NR NR NR NR NR PRP TP NR NR NR NR NR PADS TP NR NR NR NR NR ICIS TP NR NR NR NR NR FTTS TP NR NR NR NR NR MLTS TP NR NR NR NR NR COAL ASH DOE TP NR NR NR NR NR COAL ASH EPA 0.500 0 0 0 NR NR PCB TRANSFORMER TP NR NR NR NR NR RADINFO TP NR NR NR NR NR HIST FTTS TP NR NR NR NR NR DOT OPS TP NR NR NR NR NR CONSENT 1.000 0 0 0 0 NR INDIAN RESERV 1.000 0 0 0 0 NR FUSRAP 1.000 0 0 0 0 NR UMTRA 0.500 0 0 0 NR NR LEAD SMELTERS TP NR NR NR NR NR US AIRS TP NR NR NR NR NR US MINES 0.250 0 0 NR NR NR ABANDONED MINES 0.250 0 0 NR NR NR FINDS TP NR NR NR NR NR UXO 1.000 0 0 0 0 NR DOCKET HWC TP NR NR NR NR NR ECHO TP NR NR NR NR NR FUELS PROGRAM 0.250 0 0 NR NR NR COAL ASH 0.500 0 0 0 NR NR DRYCLEANERS 0.250 0 0 NR NR NR Financial Assurance TP NR NR NR NR NR NPDES TP NR NR NR NR NR UIC TP NR NR NR NR NR EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 EDR Hist Auto 0.125 EDR Hist Cleaner 0.125 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP 0 0 0 0 NR 0 NR NR NR NR 0 NR NR NR NR Total Plotted I NR NR NR NR NR 0 TC5170975.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property < 1/8 1/8-1/4 RGA LF TP NR NR RGA LUST TP NR NR - Totals -- 0 0 0 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database Total 1/4-1/2 1/2-1 > 1 Plotted NR NR NR 0 NR NR NR 0 0 0 0 0 TC5170975.2s Page 7 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality August 19, 2019 Division of Mitigation Services Attn: Jeff Schaffer 1652 MSC Raleigh, NC 27699-1652 (via electronic mail: jeff.schaffer(ii) nr.goy) Re: Catfish Pond Mitigation Plan Approval Dear Mr. Schaffer, The Division of Water Resources (DWR) received a draft Mitigation PIan from the Division of Mitigation Services (DMS) for the Catfish Pond site (Site) in 2019, for review and approval under 15A NCAC 02B .0295 and 15A NCAC 02B .0240 to be used as either a buffer mitigation project or a nutrient offset project. DWR reviewed the Mitigation Plan and provided comments and recommendations. DMS submitted a revised Mitigation Plan that addressed all continents and recommendations provided by DWR. The table below summarizes the timeline of the Mitigation Plan: Project Site DWR Project Initial Mitigation Revised Mitigation Location/HUC Name ID # Plan Plan Received Received Final Draft Catfish Pond 2018-0196vl May 8, 2019 August 14, 2019 03020201 Falls Lake WS By copy of this letter, the subject mitigation plan is approved. A copy of the final draft can be found online at: hqps://edocs.deg.ne.gov/WaterResources/0/doe/952596/Papc1.aspx Please feel free to call (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, atie Merritt 401 & Buffer Permitting Branch cc: DWR File Copy (Katie Merritt) E �} North Carolina Department of Environmental Quality I Division of Water Resources '�J 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 ROY COOPER Governor MICHAEL S. R£GAN secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality October 1, 2019 DWR # 18-0196 Durham County NC Division of Mitigation Services Attn: Lin Xu 217 West Jones Street Raleigh, North Carolina 27699 Wildlands Engineering, Inc. Attn: Chris Roessler 312 West Millbrook Road, Suite 225 Raleigh, North Carolina 27609 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Catfish Pond Mitigation Site Dear Mr. Xu and Mr. Roessler: You have our approval for the impacts listed below for the purpose described in your application dated August 27, 2019, received by the Division of Water Resources (Division) August 28, 2019. These impacts are covered by the attached Water Quality General Certification Number 4134 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] North Carolina Department of Environmental Quality l Division of Water Resources 7> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617 NC"ntCAF-xA" AM-0 M I � /� 9FUOT9000 Catfish Pond DWR# 18-0196 Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 0 linear feet 52 linear feet S2 0 112 S3 378 0 S4 0 72 S5 0 51 S6 99 0 S7 97 0 S8 0 35 S9 0 122 S10 0 88 S11 0 69 S12 0 134 S13 0 300 S14 444 0 S15 168 0 S16 0 28 S17 0 27 S18 0 411 S19 0 13 Total 1,186 1,514 404 401 Wetlands W1 0.0086 acres 0.0691 acres W2 0.0564 0 W3 0 0.0032 W4 0.0156 0 WS 0.0046 0 W6 0.1327 0.3357 W7 0 0.0032 Total 0.2179 0.4112 Open Waters 01 0.597 acres 0 acres Total 0.597 0 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and Catfish Pond DWR# 15-0196 Page 3 of 4 General Certifications)/Permit/Authorization and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not represent an approval of credit yield for the project. [15A NCAC 02H .0500(h)] 4. You have our approval for your proposed final stream enhancements/restorations plan. The stream restorations/enhancements must be constructed, maintained, and monitored according to the plans approved by this Office and this Certificate of Coverage. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. [15A NCAC 02H .0506(h)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH atb-ttl2://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Catfish Pond DWR# 18-0196 Page 4 of 4 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Mac Haupt at 919-707-3632 or mac.haupt@ncdenr.gov if you have any questions or concerns. Sincerely, one - Mac Haupt, Acting Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4134 cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 180196CatfishPond(Durham) 401_ approval Itr.October 1, 2019.docx U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-00424 County: Durham U.S.G.S. Quad: Rougemont GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: NC Division of Mitigation Services Permittee: Wildlands Engineering, Inc. Attn: Mr. Tim Baumgartner Attn: Chris Roessler Address: 217 West Jones Street, Suite 3000A Address: 321 West Millbrook Road, Suite 225 Raleigh, North Carolina 27603 Raleigh, NC 27609 Telephone: 919-707-8319 Telephone: 919-851-9986 x111 Size (acres) Nearest Waterway USGS HUC 20.73 acres Mountain Creek f11f120201 Nearest Town Bahama River Basin Neuse Coordinates Latitude: 36.162562 IN Longitude:-78.9100681W Location description: The NCDMS 20.73-acre Catfish Pond Mitigation Site includes Catfish Creek and three of its tributaries. All drain to Mountain Creek. The site is located in Durham County, North Carolina, approximately 12 miles north of the city of Durham and 3 miles east of the Orange County/Durham County border. PIN: 0827-02-67-0407, 0827-02-58-9864, 0828-04- 50-5560. Description of projects area and activity: The co -applicants, NCDMS and Wildlands Engineering, Inc, have requested a Department of the Armv permit authorization to discharge dredged and/or fill material into waters of the United States associated with the NCDMS Catfish Pond Mitigation Site. Implementation of the proposed restoration and enhancement activities will result in the discharge of fill material into 2,700 linear feet of stream channel and 0.6291 acres of wetlands associated with mechanized land clearing, excavation, placement of fill material, and stream relocation activities for the mitigation site. Comnensatory mitigation is NOT required in coniunction with the aforementioned activities. Refer to the enclosed Table 1 for a detailed summary of impacts Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment Activities SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated August 27, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. SAW-2018-00424 This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Kimberly Browning, 919.554.4884 x60. Corps Regulatory Official: Expiration Date of Verification: March 18, 2022 Date: October 3, 2019 SAW-2018-00424 Table 1. Authorized discharge of fill material into waters of the United States in association with the NCDMS Catfish Pond Mitigation Site (SAW-2018-00424). Ta>o1a 1 Praposed Impacts lovsntory 7 i a_ Whichseebus were completed below fnt yaur project o h&* al that apply).- 0 Wetlands streams - tributaries [] AufNn 0 Open hf am [ Rand Gonstrudan Table 1. MMtkw d Impacts If there are wetland impacts proposed an the silo, then complete this queslon for each wetland area impacted 12_ ih. ic_ 1d. 1e. if. Weland impact Type of judsdioilnn number — Type of Impact Type of %eland Forested (Caps- 4U4. 10 Area of impact Permanent (P) at I (if knawn) DVYO— nan404, other) (acres) W1 —Wetland M 0PQT E3a�ion Floodptain Headwaby Forest Headwater Forest ® Yes ❑►+o W caps 0DWQ Q0085 W1 —Wetland M 0 Yes 0 Caps QA1 ❑ P 0 T Grading 6arawaiion Non-rdal Li No a Yes O D 0 Corps 0�@4 W2— Wetland J 0 P ❑ T Freahwabm Marsh [I No O DWO W3— Wetland Y Floodplain Headwater Forest 0 Yes OCaps Q00t9 []POT Grading [] No 14 DWO W4— Wetland W Flcbdptain Headwater Forrest Eg Yes ® Carps 60156 P [IT Grading Temporary Crossing Headwater Font D No 0 Yes [] No O DWO ®Caps O DWO 0.004 W5—Wetland D O P Q T W9-- Wetland A Ficoeplain Headwater Forest [] Yes 14 Corps 0.3357 ❑ P ®T Grading (Emergent) 0 No Onwo WB--Wetland # E3ara tim Headwater Forest ❑ Yes ®Caps f7.1327 0 P [:IT Fad Cross Ing Decommission onnWHgert) Headwater Forest W No 0 Yes ❑ No O D1r1t� ® omps ® MVQ 0.0m W7 — Wetland DD ❑POT 4 Totaly adwd Ynpacr O.M1 ih. Comments: WaNrrih vAM rho wet wee r be LaMed wrrn &M yy faros durirg careaudm le preArri urkNoMbd tnpaeIlL ram ftVacts If there are panenrial or irtemVttentstreamimpacts Iindudingtempararyimpacts) proposed an the sfie, then Como" this question for all steam sites impadad 3. b. c d e_ f. g. Stream impact Type of impact Strream name Perefnial Type of jurisdiction Average impact number (PER) or (Carps -404, 10 steam len& Permanent (P) at intenyOlent DWO— nan404 %W th Gear Temporary ONTO oth o VeeQ seal Si [] PO T StabiliM&n C afflsh Cmek r- PER [] I NT Warps EACrWC� IS 52 stadlizal on Raloca an Catt9slh Leek [a PER ❑ I NT Catfish Creek 14 PER [] INT ® Carps 14 DWQ 5.8 7.0 S2 []POT S3 O P ❑ T O Corps 0Dw0 S4 []POT Stabii!aiiah CatnahCreek PER NT OCarps DWO ® Carps 0 DWO q4 _ $.4 S5 ❑POT statAiratinn Catfish Creek ® PEJ4 ❑ I NT 112 378 72 51 SAW-2018-00424 Stream Impacts Continued 80 O P ❑ T Rm ocakn Cafth Creek PER ❑ INT cams D1NQ 10.9 99 S7 O P ❑ T Reloradon Caen Cmek PAR ❑ I HT ❑ Cow ® DAIQ 7.6 97 88 ❑POT SUbdndon Catfish Creek ❑ PER [� HT ® O DM 7.6 35 99 ❑POT Sobili€alm Catflah Creek ❑ P€R ❑ IHT 0 c[rpu ❑ nm 7.9 122 S10 ❑ POT Stahli€adon Colo Creek ❑ � NT ER ®co(ps� 7.9 89 S11 ❑b�m POT I Stadon CaAM Creek tfP+ITT DWO 7.9 I I 89 S12 []POT Stabiyradon 11Ti ® PER ❑ IN T ❑ Co" ❑ DWO T 134 S13 []POT Subdizadon UT1 ® PER ❑ NT ® cffm ❑ DWQ 7 300 S14 ®P ❑ T Rekrcaboo UT 1 Q � C" 16.7 444 S15 OPEIT Reloradcn lJi1 PER Q "TI 0 co" ® DNO 7.1 108 S16 []POT Fmbllmdan UT2 ❑ PFR I ®HT �I Corps 00M 4 J8 28 S17 ❑ P 0 T Sab&mgm Mount* Try ❑ PER ® INT 0 Corps 0 0M 7.5 27 ❑ PfER ®INT S18 ❑ POT SWbAm6on Mountain Tdb ❑ Corp& 00M 7.6 411 S19 ❑ PO T Subiamdon Mom ain Trib ❑ PER I 0 I HT 0 Caw 14 DVVD 7.6 13 h. TOW ml maad bibufac kupacfis 2,700 I C4nww ts: Stream names per Figure 3 S& Ay in PJD. — *Impacts are associated with aquatic resource restoration and enhancement activities and are expected to result in a net gain in Waters of the US. SPECIAL CONDITIONS 1. The permittee understands and agrees that the document entitled "Final Mitigation Plan — Catfish Pond Mitigation Site" dated July 18, 2019 is incorporated and made part of this permit. Execution of the work and terms given in the approved mitigation plan are a condition of this permit. 2. This Nationwide Permit verification does not imply suitability of this property for compensatory mitigation for any particular project. The use of any portion of this site as compensatory mitigation for a particular project will be determined during the permit review process for that project. SAW-2018-00424 COMPLIANCE CERTIFICATION Action ID Number: SAW-2018-00424 County: Durham Permittee: NC Division of Mitigation Services Wildlands Engineering, Inc. Attn: Mr. Tim Baumgartner Attn: Mr. Chris Roessler Project Name: NCDMS Catfish Pond Site Date Verification Issued: October 3, 2019 Project Manager: Kim Browning Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Regulatory Division Mitigation Office Attn: Kim Browning 3331 Heritage Trade Drive, Suite 105 Raleigh, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date off IN 1 Project Location L- -� Conservation Easement Internal Crossing Project Features - Project Stream Project Ditch Project Ephemeral Channel Non -Project Stream/Channel Mitigation Approach ' = Buffer Restoration (TOB-49') { Buffer Restoration (TOB-50') - Buffer Restoration (51'-100') Buffer Restoration (101'-200') Buffer Enhancement Via Cattle Exclusion (TOB-50') Buffer Enhancement Via Cattle Exclusion (51'-100') J 6 Buffer Enhancement Via Cattle Exclusion (101'-200') AN No Credit *' Vegetation Plot -...4,.t,,. tt tt Fence ' #A 4. .., ; *NWILDLANDS Figure 5. Monitoring Plan View Map Key E N G 3 N E E R' N G 0 400 800 Feet Catfish Pond Mitigation Site Baseline Monitoring Report (MYO) i I i I Neuse River Basin (03020201) Durham County, NC