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20190239 Ver 2_BPDP for PN_20200922ID#* 20190239 Version* 2 Select Reviewer:* Katie Merritt Initial Review Completed Date 06/23/2020 Mitigation Project Submittal - 6/22/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r 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#:* 20190239 Existing IDI Project Type: r DMS r Mitigation Bank Project Name: Moccasin Creek Mitigation Site County: Johnston Document Information Email Address:* aeckardt@wildlandseng.com Version: *2 Existing Version Mitigation Document Type:* Mitigation Plans File Upload: Moccasin Creek BPDP Updated with Comment 11.1MB Response 6.22.2020.pdf Rease upload only one RDFof the corrplete file that needs to be subrritted... Signature Print Name:* Andrea Eckardt Signature: WILDLANDS ENGINEERING June 22, 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 Moccasin Creek Mitigation Site (DWR # 2019-0239v2) Johnston County, NC Dear Ms. Merritt: Wildlands Engineering, Inc. (Wildlands) has reviewed the Division of Water Resources (DWR) comments dated May 13, 2020 for the Draft Bank Parcel Development Plan (BPDP) for the Moccasin Creek Mitigation Site. Please note that the easement boundary was reduced by 0.2 acres from what was submitted in the draft BPDP when one easement line was straightened near UT1 to improve monitoring and maintenance of the easement. Easement acreage and credit totals have been adjusted accordingly. No other changes to the Parcel boundary were made. The DWR comments are listed below in bold, while Wildlands responses are noted in italics lettering. Cover Page — Correct the project number to 2019-0239v2. Correction has been made. 2. Appendix - Please provide a draft CE. I need to see that Wildlands has incorporated the language noted in the Viability Letter. Since this site had many site constraints, some of the issues need to be resolved up front, during the BPDP and MBI stage. Draft language has been added incorporated into the conservation easement template and included in the Appendix of the BPDP. 3. Section 1.0 a. Reference your MBI here and who the Bank Sponsor is. It should say that this project is submitted for review under the Moccasin creek Mitigation Banking Instrument between DWR and Wildlands Holdings III, LLC as the Bank Sponsor. The correction has been made. b. Add the nutrient offset rule reference to this paragraph. That rule is 15A NCAC 02B .0703. The correction has been made. 4. Section 2.2 -You will need to show where the diffused flow memo was applied in Figure 7 and in Table 8 unless you are filling the ditch, which I did not see being proposed. Area where diffused flow memo is applied has been added to Table 8 and Figure 7. 5. Section 2.10 a. There are many utilities in such close proximity to this project. Therefore, you will need to add details to this section with regards to who owns the utility easements (sewer, power lines, etc). Wildlands will need to send the owners of these utilities a Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 WILDLANDS ENGINEERING letter informing them of the mitigation project and the abutting conservation easement that will be immediately adjacent to their utility. DWR needs to see their acknowledgment of the Wildlands letters. Once all documentation has been provided, please add to the Appendix. Wildlands has added additional ownership information about the utility lines adjacent to the Parcel in Section 2.10 of the BPDP. Wildlands has also committed to providing a copy of the conservation easement and plat to the utilities once they have been recorded. DWR and UP2Sove will be cc'd on the communication with the utilities. b. It would be best for the 30' power line to be relocated to the access easement. This project is relatively small in linear footage to be encumbered by three easement breaks. Wildlands is unable to move the 30' power line without the cooperation of the adjacent property owner and they have refused to cooperate or communicate with us any further. c. Add a figure showing the pipeline relative to the project. The pipeline figure has been added to the Appendix. 6. Section 4.1— Other than temporary seeding, no details specific to sediment and erosion control measures are proposed. Please explain how stormwater runoff during a rain event during site preparation, will be controlled such that sediment loss to the streams is prevented. Because the existing land use for the site is agriculture, there will be minimal land disturbance during planting of the project, additional control methods beyond seeding should not be necessary. 7. Section 4.2 — a. Provide a figure showing areas to be planted and/or seeded as part of Section 4.2. Language has been added to the BPDP to better describe the area to be planted and seeded. b. Add a column titled Canopy/Subcanopy and identify which applies to each species proposed for planting. Column has been added with the canopy/subcanopy information. c. Identify your seed mixes here. Planting a permanent seed mix that is abundant in annual and perennial pollinator species is strictly voluntary but is being encouraged by DWR in other mitigation plans to promote diversity and enhance the health of the herbaceous layer, which can also greatly benefit planted stems. Are any of the seed mixes pollinator friendly? The seed mix we use is pollinator friendly. Additional documentation has been added to Section 4.2 8. Section 5.0 — Anywhere you have used "Success Criteria" please replace with "Performance Standards" to comply with rule language. The correction has been made throughout the section. 9. Section 5.2- With the presence of all the utilities near this project, DWR expectations of your monitoring are higher. The risks of encroachment at this site are higher than with sites where utilities are not present. Annual visits should be twice per year. A robust easement marking plan was developed for the project and is included in Section 5.3 to reduce the risk of encroachment. The utilities adjacent to the Parcel will be sent a copy of the recorded easement and plat. Wildlands will check the easement boundary a minimum of two times per year. 10. Section 5.3 — Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 WILDLANDS ENGINEERING a. Look at the viability letter and add language to this section that references the proposed CE (reference where you added it in the Appendix and the unique language that has been inserted in the CE to ensure that the 15' from TOB is addressed. The requested language has been added to this section. b. The CE boundaries are unique with this project. Between dealing with the drainage district and the other utilities, the boundaries will be very important to make known on site. Identify how Wildlands intends to mark the boundaries at this site within the 0-15' as well as the parts abutting the utility easements. DWR expects Wildlands to have a specific and unique plan no marking the easement boundary on this site and that plan needs to be spelled out here for DWR review. A robust easement marking plan including has been developed for the Parcel and included in Section 5.3. 11. Section 6.2 — As you know, having the long term steward assigned up front is the part of the approval of this project to generate mitigation credits and there are some unique terms being requested by DWR to put in the Easement. Therefore, as part of the review of the BPDP and MBI, DWR needs Wildlands to identify who the long-term steward is anticipated to be. Please provide some form of documentation from the steward that implies they intend to accept the easement and its unique terms. Unique Places to Save has agreed to be the long-term steward for the site. They have reviewed the modified conservation easement and have written a letter agreeing to hold the easement. The letter is included in the Appendix. 12. Section 7.0 — a. Therefore, a total of ?? square feet is removed from the creditable area at the top of Ditch A. The credits sought within 101-200' will only be used for nutrient offsets and cannot be converted into buffer credits. See MBI. But will be within the conservation easement boundary A total of 4,350 square feet is proposed to be removed from the credits. That information is now included in the report text and Table 8. The other specific language edits were also made in Section 7.0. 13. Table 8 - Requested edits to Table 8 The two no credit areas, TOB-15' and the area where the diffuse flow memo was applied, are included in the table. 14. Table 10 — a. This schedule should match the MBI Edit was made. b. Combine Task 7 and 1 Edit was made. c. Make this 25 Edit was made. 15. Figure 7 a. Add the widths of the riparian areas to the legend Edit was made. b. Mitigation Edit was made. c. This should be relocated to the access easement Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 kt� WILDLANDS ENGINEERING Wildlands is unable to move the 30' power line without the cooperation of the adjacent property owner and they have refused to cooperate or communicate with us any further. d. Top of Bank —15' Edit was made. e. Identify these widths Edit was made. f. Is this also your access easement? This is the access to the property on the North side of Moccasin Creek and also access to the center of the Parcel. g. Show the diffuse flow memo applied here Edit was made. 16. Figure 9 — a. Show the planted areas Language was added to the text in Section 4.2 rather than the figure due to the scale of the figure. b. Plot Placement needs to consider the following while also remaining as random as possible: Neuse Buffer Zone 1 (0-30', but outside 15% Neuse Buffer Zone 2 (31-50% Other buffer crediting areas (within 51-100% Nutrient Offset Areas (101-200') Modify your plot placement to ensure that the above "zones are represented by plots. Vegetation plots have been adjusted per the instructions above. 17. MBI — All DWR tracked changes in the Mel were accepted into the final document. Enclosed please find one (1) hard copy of the updated BPBP and one (1) hard copy of the updated MBI. Both documents have been uploaded to the Laserfiche system as well. Please contact me at 704-560- 2997 if you have any questions or concerns. Sincerely, Andrea S. Eckardt Ecological Assessment Team Leader aeckardt(@wildlandseniz.com Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 BANK PARCEL DEVELOPMENT PACKAGE June 2020 MOCCASIN CREEK MITIGATION SITE Johnston County, NC DWR Project Number 2019-0239v2 Neuse River Basin HUC 03020201 PREPARED BY: %�o W I LDLANDS IN tN€€CI14C Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Phone: (704) 332-7754 Fax: (704) 332-3306 Bank Parcel Development Package Moccasin Creek Mitigation Site Neuse River Basin TABLE OF CONTENTS 1.0 Introduction......................................................................................................................................1 2.0 Mitigation Project Summary.............................................................................................................2 2.1 Project Goals.................................................................................................................................2 2.2 Existing Parcel Conditions.............................................................................................................2 2.3 Watershed Characterization.........................................................................................................4 2.4 Drainage District...........................................................................................................................4 2.5 Soils............................................................................................................................................... 5 2.6 Geology.........................................................................................................................................5 2.7 Existing Vegetative Communities.................................................................................................5 2.8 Threatened and Endangered Species...........................................................................................5 2.9 Cultural Resources and Significant Natural Heritage Areas..........................................................6 2.10 FEMA Floodplain Compliance.......................................................................................................6 2.10 Parcel Location, Parcel Constraints, and Access...........................................................................6 2.11 Other Environmental Conditions..................................................................................................6 3.0 Site Protection Instrument................................................................................................................7 4.0 Mitigation Work Plan........................................................................................................................7 4.1 Parcel Preparation........................................................................................................................7 4.2 Riparian Area Restoration Activities............................................................................................. 7 4.3 Riparian Area Enhancement Activities..........................................................................................8 4.4 Riparian Area Preservation Activities............................................................................................8 5.0 Monitoring and Maintenance Plan...................................................................................................8 5.1 Monitoring Protocol......................................................................................................................8 5.2 Parcel Maintenance......................................................................................................................9 5.3 Easement Boundaries and Fencing...............................................................................................9 6.0 Financial Assurance and Long -Term Management...........................................................................9 6.1 Financial Assurances.....................................................................................................................9 6.2 Long-term Management.............................................................................................................10 7.0 Mitigation Potential........................................................................................................................10 8.0 References......................................................................................................................................13 Moccasin Creek Mitigation Site BPDP HUC 03020201 Page i June 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 Soil Survey Map Figure 7 Buffer Credit 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 Moccasin Creek Project Mitigation Credits Table 9 Moccasin Creek Total Area of Buffer and Nutrient Offset Mitigation Table 10 Credit Release Schedule APPENDIX Site Photographs (2/17/2020) Correspondence with the Moccasin Creek Drainage District Historical Aerial Photographs On -Site Stream Origin Determination for Applicability to Neuse Riparian Buffer Rules — March 5, 2019 Site Viability for Buffer Mitigation and Nutrient Offset Letter — Moccasin Creek Site — November 22, 2019 USFWS Self -Certification Letter and Concurrence SHPO Response EDR Radius Map Report, Executive Summary — Moccasin Creek Mitigation Bank Parcel Draft Conservation Easement Document Moccasin Creek Mitigation Site BPDP HUC 03020201 Page ii June 2020 Bank Parcel Development Package Moccasin Creek Mitigation Site Neuse River Basin 1.0 Introduction The Moccasin Creek Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Moccasin Creek Nutrient Offset and Riparian Buffer Mitigation Banking Instrument ("MBI"), made and entered into by Wildlands Holdings III, LLC acting as Bank Sponsor ("Sponsor") and the North Carolina Department of Environmental Quality ("NCDE(X") Division of Water Resources ("NCDWR"). The Parcel shall be planned and designed according to the MBI, 15A NCAC 02B .0240, 15A NCAC 02B .0703 and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 which became effective November 1, 2015. The Parcel is located in central Johnston County within the Town of Pine Level (Figure 1). The Parcel involves riparian restoration on Moccasin Creek and one unnamed tributary (UT1). The project is located within the Neuse River Basin Hydrologic Unit Code (HUC) 03020201160010 and North Carolina Division of Water Resources (NCDWR) Subbasin 03-04-12 and is being submitted for riparian buffer mitigation credit and nutrient offset credit in the Neuse River Basin HUC 03020201 (excluding Falls Lake) (Figure 2). Moccasin Creek flows into Holts Pond and eventually into the Neuse River approximately 12 miles downstream from the Parcel. Moccasin Creek and its tributaries upstream of Holts Pond are classified as Nutrient Sensitive Waters (NSW) by the North Carolina Division of Water Resources (NCDWR). The proposed project supports specific goals identified in the 2010 and 2015 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 buffer restoration and nutrient offset project will reduce sediment and nutrient loading, provide and improve terrestrial and in -stream habitats, and improve stream and bank stability. The area surrounding the streams proposed for buffer restoration is currently agricultural fields, typically used to grow tobacco, soybeans, and corn. See Appendix for Parcel photos taken February 17,2020. Restoring the vegetation on the areas up to 200 feet from the streams will remove row crops and fertilizer inputs within the project area. The restored floodplain areas will also filter sediment during high rainfall events. The establishment of vegetated riparian areas will create shading to minimize thermal heating. Finally, invasive vegetation will be treated within the project area and the newly planted native vegetation will provide cover and food for wildlife. Moccasin Creek Mitigation Site BPDP HUC 03020201 Page 1 June 2020 2.0 Mitigation Project Summary 2.1 Project Goals The major goals of the proposed buffer restoration and nutrient offset project are to provide ecological and water quality enhancements to the Neuse River Basin by restoring the riparian area to create a 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 Nutrient input will be decreased by filtering runoff from the agricultural fields through Decrease nutrient restored native buffer zones. The off -site nutrient input will also be absorbed on -site by levels filtering flood flows through restored floodplain areas, where flood flows can disperse through native vegetation. Decrease sediment Sediment from off -site sources will be captured by deposition on restored floodplain input areas where native vegetation will slow overland flow velocities. Decrease water temperature and increase dissolved Planted riparian trees will shade the streams as they mature reducing thermal pollution. oxygen concentrations Create appropriate Buffer areas will be restored by removing invasive vegetation and planting native terrestrial habitat vegetation. Permanently protect the project Parcel A conservation easement will be recorded on the Parcel. from harmful uses. 2.2 Existing Parcel Conditions The proposed buffer restoration and nutrient offset project includes approximately 16.3 acres of open agricultural fields along Moccasin Creek, one unnamed tributary (UT1), and one ditch (Ditch A). The agricultural fields are currently being used for soybean and corn production. The farmer regularly applies chicken litter to the fields to supplement commercial fertilizer. Streams and ditches on the Parcel have no existing riparian buffer (Figure 3). Moccasin Creek enters the Parcel from a wooded tract and flows to the southeast across the northern parcel boundary (Figure 3), thereby connecting the project to the adjacent wildlife corridor. UT1 enters the Parcel from a culvert under Pine Level Selma Road and flows to the north directly into Moccasin Creek. Ditch A drains to Moccasin Creek south of UT1. The Parcel is characterized by gently sloped valleys dominated by row crops. Based on a review of historical aerials (presented in the Appendix), the WMoccasin Creek Mitigation Site BPDP HUC 03020201 Page 2 June 2020 land use directly adjacent to onsite streams was farmland as far back as 1959 and has been maintained as farmland to present. Moccasin Creek 90 1 r y�{y UT1 Table 2: Buffer Project Attributes Project Name Moccasin Creek Mitigation Site Hydrologic Unit Code 03020201160010 River Basin Neuse Geographic Location (Lat, Long) 35.51708°,-78.24795° Site Protection Instrument (DB, PG) To be recorded Total Credits 311,905.000 buffer mitigation credits and 15,513.563 nutrient offset credits Types of Credits Riparian Buffer Credits and Nutrient Offset Credits BPDP Date February 2020 Initial Planting Date February 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 NCDWR performed an onsite visit of the Parcel to determine viability for buffer mitigation on February 12, 2019 (letter dated November 22, 2019) for the project. Both Moccasin Creek and UT1 were deemed viable by NCDWR to generate buffer mitigation. More information was required for Ditch A to Moccasin Creek Mitigation Site BPDP HUC 03020201 Page 3 June 2020 determine its viability for buffer credit. Credits are not requested on Ditch A; therefore, the additional assessment needed to determine buffer credit viability was not completed. The Buffer Interpretation /Clarification Memo #2008-019 applies to Ditch A 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. There have been no changes to land use in the project area since NCDWR's site visit. At this site visit, NCDWR also assessed the stream origin and issued the official Stream Origin Determination Letter March 5, 2019. A copy of both the "On -Site Stream Origin Determination for Applicability to Neuse Riparian Buffer Rules" and the "Site Viability for Buffer Mitigation & Nutrient Offset" letters from NCDWR are included in the Appendix and summarized in Table 3. Table 3: Project Features Feature Name Nutrient Offset Credit Feature Name (NCDWR Feature Type Buffer Credit Viable Viable (BPDP) Evaluation) Moccasin Creek Moccasin Creek Perennial Yes Yes (right bank only) UT1 UT1 Perennial Yes Yes Ditch A A Ditch N/A Yes 2.3 Watershed Characterization The Parcel is located within the Targeted Local Watershed 03020201160010 and NCDWR Subbasin 03- 04-12. UT1 drains to Moccasin Creek which is classified as C and NSW by NCDWR. Class C waters are designated for recreational use, agriculture, fishing and fish consumption, and the maintenance of biological integrity for wildlife. The NSW designation applies to surface waters that are experiencing excessive growths of microscopic or macroscopic vegetation. The Parcel topography, as indicated on the Selma and Kenly West, NC USGS 7.5-minute topographic quadrangle, shows gently sloped areas throughout the Parcel (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 2007 Light Detection and Ranging (LiDAR) data. Land uses draining to the project reaches are primarily agriculture with some forested and residential use. The watershed areas and current land use are summarized in Table 4, below. Table 4: Drainage Areas and Associated Land Use NCDWR Stream Reach Reach Length Watershed Area identification Land Use Name (LF) (acres) Forms Scores Moccasin 45%agriculture; 37%forested; 16% Creek 3,437 35 2,789 developed land; 2% open water/wetland 61%agriculture; 24%forested; 15% UT1 621 32 573 developed land 2.4 Drainage District The Parcel is located within the Moccasin Creek Drainage District, shown on Figure 1, where active maintenance is frequently performed. While the drainage district has no drainage easement on the Parcel, they have been notified and have acknowledged their acceptance that any maintenance they perform on the section of Moccasin Creek located within the Parcel will be limited to 15 feet from the top of bank of the streams and ditches identified in the DWR Site Viability Letter. Correspondence with the Drainage District is included in the Appendix. NMoccasin Creek Mitigation Site BPDP HUC 03020201 Page 4 June 2020 2.5 Soils The Parcel is mapped by the Johnston County Soil Survey. Project soils are described below in Table 5. An image of the paper copy of the 1994 Soil Survey of Johnston County is provided in Figure 6. Table 5: Project Soil Types and Descriptions Soil Name Description Bibb sandy loam is poorly drained soil found on floodplains and in narrow Bibb sandy loam (Bb) drainageways. Permeability and water capacity are moderate. Surface runoff is very slow. Slopes are 0-2%. Gilead sandy loam consists of gently sloping soils on uplands. These soils are Gilead sandy loam (GeB) very deep and moderately well drained. They have a loamy surface layer and a clayey subsoil. In the subsoil, downward water movement is moderately slow to slow. Seasonal high-water table is within a depth of 1.5 to 2.5 feet. Grantham silt loam consists of nearly level soils on upland flats and Grantham silt loam (Gr) depressions. These soils are very deep and poorly drained. They have a loamy surface layer and subsoil. In the subsoil, downward water movement is moderately slow. Seasonal high-water table is within a depth of 1.0 foot. Uchee loamy coarse sand consists of gently sloping soils on uplands. These Uchee loamy coarse sand (UcB) soils are very deep and well drained. They have a thick, sandy surface layer and a loamy subsoil. In the subsoil, downward water movement is moderately slow. Seasonal high-water table is within a depth of 3.5 to 5.0 feet. Source: Johnston County Soil Survey, USDA-NRCS, https.11www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north carolina/NC101/0/Johnston.pdf 2.6 Geology The Parcel is located in the Inner Coastal Plain physiographic province. The landscape of the Inner Coastal Plain is characterized by flat lands to gently rolling hills and valleys. Elevations range from 25 to 600 feet above sea level. The Coastal Plain largely consists of marine sedimentary rocks comprised of sand, clay, and limestone that formed through the deposition of estuarine and marine sediments within the last 140 million years. According to the Geologic Map of North Carolina (1985), the underlying geology of the proposed mitigation site is mapped as the Yorktown and Duplin Formations (undivided). The Yorktown Formation is described as fossiliferous clay with varying amounts of fine-grained sand. The unit is bluish gray with shell material commonly concentrated in lenses. The Duplin Formation is described as a bluish gray, shelly, medium to coarse -grained sand with components of sandy marl and limestone. 2.7 Existing Vegetative Communities Existing vegetation within the Parcel is primarily comprised of active row crop fields of soybeans with narrow streamside thickets on Moccasin Creek as shown in the February 17, 2020 site photos (Appendix). 2.8 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) database were searched for federally listed threatened and endangered plant and animal species in Johnston County, NC. Six species, the red -cockaded woodpecker (Picoides borealis), Neuse River waterdog (Necturus lewisi), Carolina madtom (Noturus furiosus), Atlantic pigtoe (Fusconaia masoni), WMoccasin Creek Mitigation Site BPDP HUC 03020201 Page 5 June 2020 the Tar River spinymussel (Elliptio steinstansana), and Michaux's sumac (Rhus michauxii) are listed or proposed for listing as federally endangered or threatened species. Wildlands performed pedestrian surveys of the Parcel in January 2019, October 2019, and February 2020, and determined there was no suitable habitat in the project area for the Red -cockaded woodpecker, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, or the Tar River spinymussel. There are small sections of suitable habitat for Michaux's sumac, but no individual species were identified; therefore, the project will have "no effect" on any of the federally listed species. The USFWS Self -Certification Letter and USFWS concurrence is included in the Appendix. 2.9 Cultural Resources and Significant Natural Heritage Areas 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). Crocker Cemetery is located adjacent to the Parcel but will not be impacted by the project. SHPO was contacted with request for review and comment on January 21, 2020. SHPO responded on February 14, 2020, and determine while two previously recorded pre -colonial American Indian archaeological sites are located on the Parcel, the ground disturbance proposed within the easement boundary should have no effect on the archaeological sites. All communication 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. 2.10 Parcel Location, Parcel Constraints, and Access The Parcel is located in central Johnston County within the Town of Pine Level (Figure 1). The project is located within the Neuse River Basin HUC 03020201160010 and NCDWR Subbasin 03-04-12, which is in the Neuse River Basin HUC 03020201. The Parcel is accessible for construction, monitoring, and long-term stewardship from Pine Level -Selma Road. There are three planned breaks in the Parcel, their locations and widths are shown on Figure 3. Two breaks are for overhead utility lines managed by Duke Energy. The third break includes both a driveway and a sanitary sewer line that runs down the left side of UT1. The left side of UT1 will not be restored and will not be included in the conservation easement boundary. The sewer line then runs along the left bank of Moccasin Creek on the adjacent parcel outside of the project boundary. Duke Energy and the Johnston County Public Utilities Department will each be sent copies of the conservation easement and plat once they have been recorded in the Johnston County Register of Deeds. The proposed route for the Atlantic Coast pipeline is located approximately 0.5 miles northwest of the property (https://atlanticcoastpipeline.com/recent-updates/default.aspx#map). A figure showing the proposed pipeline route is included in the Appendix. 2.11 Other Environmental Conditions An Environmental Data Resources, Inc (EDR) Radius Map Report with Geocheck was ordered for the Parcel on January 14, 2020. Neither the target property nor the adjacent properties were listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There was one Leaking Underground Storage Tank (LUST) site located within 0.25 miles of the Parcel that was closed out in 2003. The Executive Summary of the EDR report is included in the Appendix. Moccasin Creek Mitigation Site BPDP HUC 03020201 Page 6 June 2020 3.0 Site Protection Instrument The land required for planting, management, and stewardship of the mitigation project includes portions of the parcel listed in Table 6. The Parcel will remain in private ownership, protected in its entirety by Unique Places to Save, an approved NCDWR long term steward, and will be managed under the terms detailed in the approved NCDWR conservation easement. Per the Site Viability Letter, the conservation easement will be transferred to the NCDWR approved long term steward prior to the first credit release. A copy of the conservation easement is included in the Appendix. Table 6: Site Protection Instrument Site Protection Deed Book and Acreage Landowner PIN County Instrument Page Number to be Protected Daniel F. and Paula Conservation 262414-33-7734 Johnston To Be Recorded 16.3 S. Kornegay Easement 4.0 Mitigation Work Plan The project will restore agriculturally impacted land along Moccasin Creek and UT1 to a protected riparian corridor, improving the ecological function of the area. The project 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 crops. Areas slated for restoration will require little site preparation because the land has been maintained in agriculture; therefore, soil disturbance during planting of the project will be minimal. Site preparation will include select herbicide treatments to remove undesirable vegetation. Where needed, invasive species will be selectively spot treated by a licensed pesticide applicator. Any drain tiles found in the conservation easement area during survey and/or planting of the project will be sealed. 4.2 Riparian Area Restoration Activities Riparian area restoration will involve planting appropriate native tree species along the riparian corridor. 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 Quercus phellos Willow Oak 15% Canopy Platanus occidentalis Sycamore 20% Canopy Betula nigra River Birch 20% Canopy Populus deltoides Eastern Cottonwood 15% Canopy Quercus michauxii Swamp Chestnut Oak 15% Canopy Acer negundo Boxelder 15% Subcanopy WMoccasin Creek Mitigation Site BPDP HUC 03020201 Page 7 June 2020 Trees will be planted in the riparian restoration areas 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 of monitoring. 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 the Lepidoptera, Hymenoptera, and Diptera families. Planting is scheduled for winter February 2021. The tree species listed in Table 7 will also be planted within the 15 foot no credit area described in Section 2.4 and shown in Figure 7, but the vegetation in that area will not be monitored as described in Section 5.0 below. 4.3 Riparian Area Enhancement Activities No riparian enhancement activities are planned for the Parcel. 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 riparian buffer restoration and nutrient offset areas to measure the survival of the planted trees. The plots will be randomly placed throughout the planted riparian areas. A total of 12 plots will be established within the riparian restoration 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 12 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 February 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. Wildlands shall submit the annual monitoring report to NCDWR by December 31St of each year for five consecutive years and will follow the terms and conditions of the Moccasin Creek Mitigation Banking Instrument (MBI). Moccasin Creek Mitigation Site BPDP HUC 03020201 Page 8 June 2020 5.2 Parcel Maintenance If the Parcel or a specific component of the Parcel fails to achieve the performance standards 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 performance standards 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. 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 twice a year 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 Neuse Buffer Zones 1 and 2 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. Signage along the boundary line will be placed every 100 feet as is possible. 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. Additional signs listing prohibited vegetation management restrictions will be installed approximately every 100 feet in portions of the easement abutting utility ROW, offset from traditional signage. For additional protection from prohibited activities as described in Article VI. Section A of the conservation easement will be demarcated by posts and polytape at a distance equal to or greater than 15' offset from the top of bank of Moccasin Creek. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of the Moccasin Creek Mitigation Site 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). 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. 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. wMoccasin Creek Mitigation Site BPDP HUC 03020201 Page 9 June 2020 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 Unique Places to Save, 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. A letter from UP2Save committing to the long-term stewardship of the Parcel is included in the Appendix. 7.0 Mitigation Potential Of the 16.3 acres protected under the conservation easement, the mitigation activity for 14.0 acres is riparian restoration. The mitigation credit calculation was 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 A where maintenance of diffuse flow onsite is unattainable, therefore a total of 4,350 square feet is removed from the creditable area at the top of Ditch A. Of the riparian area being restored, the total riparian buffer credits requested are 311,905.000 square feet and the total pounds of nutrient offset credit are 15,513.563. As stated in Section 2.4, the first 15 feet from top of bank, approximately 49,711 square feet, are not eligible for mitigation credit and are not included in the credit totals but will be within the conservation easement boundary. The credits sought within 101 to 200 feet will only be used for nutrient offsets and cannot be converted into buffer credits. The restoration areas beyond the first 15 feet from top of bank to 100 feet are viable for either riparian buffer credits or nutrient offset credits and can be converted upon approval by NCDWR. Moccasin Creek Mitigation Site BPDP HUC 03020201 Page 10 June 2020 Table 1. Moccasin Creek Mitigation Bank Parcel, Project Mitigation Credits Neuse 03020201 - Outside Falls Lake Service Area N Credit Ratio (sf/credit) P Credit Ratio (sf/credit) 19.16394 N/A Subject? (enter Credit Type location NO if Feature Type Mitigation Activity Min -Max Buffer ephemeral or width (ft) ditch Buffer Rural Yes I / P Restoration 0-100 Nutrient Offset Rural Yes I/P Restoration 101-200 Buffer Rural Yes I / P Restoration 0-50 Buffer Rural Yes I / P Restoration 0-100 Nutrient Offset Rural Yes I / P Restoration 101-200 Buffer Rural Yes Ditch Restoration 0-100 Buffer Rural Yes / P Restoration 0-11 Fntar Pr—r—i— r—A:te w..l..... Feature Name Total Area (sf) (Creditable) Area of Buffer Mitigation (sQ Initial Credit Ratio (z:1) %Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient offset? Delivered Nutrient Offs N (lbs) Moccasin Creek (16'- 100,) 280,820 1 100% 1.00000 Yes 280,820.000 Yes 0.000 Moccasin Creek UTS (16'-50') UTI (16'-100') UTl 296,979 322 20,500 10,585 1 1 1 1 33% 100% 100% 33% 1.00000 1.00000 No Yes Yes No — 20,500.000 Yes Yes 15,496.761 0.000 10,585.000 Yes 0.000 — — 'fes No 16.802 — Ditch A -Credit Deduction 0-15' Non credit Areas 4,350 49,711 0 0 1 1 100% 100% No No — No — Totals: 351,362 311,905 Credit Type Location Subject? 1 Feature Type yp Mitigation Activity g y Min -Max Buffer Width (ft) cu6iuie Tor rreservation Feature Name ist): Total Area (sf) 103,968 Total (Creditable) Area for Buffer Mitigation (sf) Initial Credit t Ratio (xJ) %Full Credit Final Credit Ratio (x:1) Riparian Buffer Credits Buffer Preservation Preservation as % Total Area of Buffer Mitigation: o.o% Ephemeral Reaches as %Total Area of Buffer Mitigation: o.o% 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a). TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 311,905 311,905.000 Enhancement: 0 0.000 Preservation: 0 0.000 Total Riparian Buffer: 311,905 311,905.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals I Square Feet Credits Nutrient Offset: Nitrogen: 97,301 15,513.563 Phosphorus: 0,000 Upon submittal of the appropriate documentation by the Sponsor and subsequent approval by NCDWR, the mitigation credits associated with the Moccasin Creek Mitigation Site 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, Conservation Easement 1 & 7 Recorded* and Financial Assurance Posted. Item B(1) of Section X in 25 this Instrument has been completed and approved by NCDWR Mitigation Site Earthwork, Planting and Installation of Monitoring 2 Devices Completed 20 3 Monitoring Financial Assurance Posted and Approval of As -Built Report 10 Monitoring Report #1: Approved by the NCDWR & financial assurance 4 renewed 10 Monitoring Report #2: Approved by the NCDWR & financial assurance 5 renewed 10 Monitoring Report #3: Approved by the NCDWR & financial assurance 6 renewed 10 Monitoring Report #4: Approved by the NCDWR & financial assurance 8 renewed 5 Monitoring Report #5: Approved by the NCDWR and final site visit by 9 NCDWR has been conducted 10 Total 100% *Per the Site Viability Letter, the conservation easement for the Moccasin Creek Site must be transferred to a DWR-approved long term steward before the first credit release. Moccasin Creek Mitigation Site BPDP HUC 03020201 Page 12 June 2020 8.0 References North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications. http://portal.ncdenr.org/web/wq/ps/csu/classifications 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, Johnston County, NC. https://www.ncnhp.org/data/species-community-search United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), 2020. Web Soil Survey. https:Hwebsoilsurvey.sc.egov.usda.gov/ United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Johnston County, NC. https://www.fws.gov/raleigh/species/cntylist/nc_counties.html Moccasin Creek Mitigation Site BPDP HUC 03020201 Page 13 June 2020 Figures County Boundary Moccasin Creek Drainage District Project Location Conservation Easement Boundary Project Point Location O!V WILDLANDS ENGINEERING 'Nilsarfs - Mills `an°'� A°prar n A Smithfi l f Prin'oe ton yak, r/ Crer,,{r o'� O Figure 1 Vicinity Map 0 1 2 4 Miles Moccasin Creek Mitigation Site I i i i I i i i I Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC R � � �••—••j County Boundary 1 j HUC 03020201 Service Area - Riparian Buffer and Nutrient Offset Credits 1 1 j * Project Point Location 1 ---- —' •—.....—....._....._....... i . I •' j i 'rf'z IIIII f-•I ..Il,rll � �— ' � I if i. ill. � �• I L.-m I u I I ., I�••II F;.11. I -III •'•.I r•III Ran n Ra .Id Ad ck "+:•te Park f� j Stites/ Lillii4on Creek Coat, rl,, y. Zl d 469 R E twin '`f! L I -II -III 0� `Nalkerimn Coh �• 4jl ya Lumbee ty..�*•� Sdtsa � � �•F•nng Lakc Fort Bragg ► Figure 2 Service Area Map Oft,WILDLANDS 0 5 10 Miles Moccasin Creek Mitigation Site E iV 01 N E E R I N G I 1 1 1 I Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC Y . Power Line Easement Break b� `y. b 100' Power Line 50' Driveway & Easement Break * Sewer Line _ ' Easement Break r T A"> WILDLANDS ENGINEERING A ►d AW 1 1*0 "0 If 41 r v rn� lip 0 200 400 800 Feet I I I I I I I I Project Location Conservation Easement Boundary ` ! Ditch - Project Stream Topographic Contours (2') Non -Project Streams Sewer Line Easement Power Line Easement Figure 3 Site Map Moccasin Creek Mitigation Site Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC .s Project Location Crocker r Ce S i! 40 • ' ine L( Selma and Kenly West USGS 7.5 minute Topographic Quadrangle INNONR; w0 WILDLANDS ENCaINEERING 0 250 500 1,000 Feet I I I I I I I I I Figure 4 USGS Topographic Map Moccasin Creek Mitigation Site Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC Figure 5 Watershed Map W I L D L A ITT D S 0 0.25 0.5 Miles Moccasin Creek Mitigation Site ENGINEERING I I i i I Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC "-� t # i M Project Location Conservation Easement Boundary MaA ♦ hGOA AL GeO Hb I ♦ I ir Mk .♦ y ., ile UaAT XI °P _ 1994 NRCS Soil Survey Map -Sheets 7 and 8 ilk, OVA" E NEW Figure 6 NRCS Soil Survey Map 2wr W I L D L A N D S 0 250 500 1,000 Feet Moccasin Creek Mitigation Site E N G I N E E R I N G I I I I I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC Figure 7 Buffer Credit Map W I L D L A N D S 0 200 400 800 Feet Moccasin Creek Mitigation Site ENGINEERING I I I I I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC Project Location .& Conservation Easement Boundary {� Ditch b - Project Stream 15' from TOB 16'-50' 51'-100' 101'-200' Non -Project Streams //�� � � ���•,r- his' � d - ., a a r Nn 2017 Aerial Photography WILDLANDS ENGINEERING 0 200 400 800 Feet I I I I I I I I I Figure 8 Riparian Buffer Zones Map Moccasin Creek Mitigation Site Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC Figure 9 Monitoring Map W I L D L A N D S 0 200 400 800 Feet Moccasin Creek Mitigation Site ENGINEERING I I I I I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Johnston County, NC Appendix D 0 - L - �101 , I L n MR I OF C., IL dr ir da AAM% Alk AL AL IM MIS =-- ZMARIMENTONOMns WE TV r� -• - - - .�+t �1 :.. - _ - .. � !�''• �'~' _ �.y^ •fir Ar-1 - j Wf r ki. F,. At m fpd�- '�L Ir 1p� rrL 1 dil W -AJ L I " ir WILDLANDS ENGINEERING Via email to: rbraswell@rdbraswell.com February 12, 2020 Mr. Richard D. Braswell Chairman Moccasin Creek Service District 2736 NC Hwy. 210 Smithfield, NC 27577 RE: Notification and Confirmation that the Johnston County Drainage District #1: Moccasin Creek Watershed Central Drainage District maintenance is limited on Parcel 262414-33-7734 Dear Dicky, Wildlands Engineering, Inc. is planning a riparian buffer and nutrient offset mitigation bank on the Johnston County Parcel ID 262414-33-7734 owned by Daniel F. and Paula S. Kornegay. The attached Exhibit A shows the parcel and the approximate area of the buffer mitigation bank project. Wildlands' plans are to record a permanent conservation easement approximately in the areas shown on Exhibit A. Once approved by the NC Division of Water Resources, we will plant trees throughout the easement area. As we have previously discussed, the Central Drainage District maintains an access route on the North side of Moccasin Creek and does not have an easement or right of access on the South side of Moccasin Creek. However, as a part of its approval process for the buffer restoration project, the NC Division of Water Resources is requiring that we coordinate with the Drainage District to document that any future travel -way within the proposed conservation easement area for the Drainage District will be limited to 15 feet from the top of Moccasin Creek and the lateral streams coming into Moccasin Creek on the site. This would apply to any future maintenance contracts issued for the project parcel as well. Your signature on page two of this letter indicates that you have reviewed the attached preliminary map and that you see no conflict between the Central Drainage District and the NCDWR requirements of a limited 15-foot travel -way on the Kornegay's parcel approximately as shown on the attached Exhibit A. Page 1 of 2 W Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 WILDLANDS ENGINEERING Thank you for your understanding and cooperation. Sincerely Yours, Robert W. Bugg Director: Mitigation Development and Credit Sales Wildlands Engineering, Inc. rbugg@wildlandseng.com o) 704-332-7754 m) 704-719-2100 CC: Danny Kornegay Attachment: Exhibit A showing Parcel 262414-33-7734, the conservation easement area, and the 15' buffer zone from top of bank for the Central Drainage District's access. Agreed: I / / Name: Richard D. Braswell Title: Chairman, Moccasin Creek Service District Date: — J2020 Page 2 of 2 W Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 T ! q • r Project Parcel —_� Conservation Easement Boundary (16.5 ac) 15' Buffer Zone from Top of Bank -Stream Ditch _ Sewer Line Easement Power Line Easement � 1 Daniel F. and Paula S. Kornegay° Parcel ID 262414-33-7734 Daniel F. and Paula S. Kornegay Parcel ID 262414-33: 7734 Nie Exhibit A W I L D L A N D S 0 200 400 800 Feet Daniel F. and Paula S. Kornegay ENGINEERING I I I I I I I I I Moccasin Creek Mitigation Site Neuse River Basin (03020201) Johnston County, NC Date: 2/12/2020 Moccasin Creek Mitigation Site W. Main Street Selma, NC 27576 Inquiry Number: 5934333.5 January 14, 2020 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR Toll Free: 800.352.0050 www.edrnet.com EDR Aerial Photo Decade Package 01/14/20 Site Name: Client Name: Moccasin Creek Mitigation Site W. Main Street Selma, NC 27576 EDR Inquiry # 5934333.5 Wildlands Eng, Inc. 1430 South Mint Street Charlotte, NC 28203 Contact: Andrea Eckardt Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR's professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo perdecade. Search Results: Year Scale Details Source 2016 1 "=500' Flight Year: 2016 USDA/NAIP 2012 1 "=500' Flight Year: 2012 USDA/NAIP 2009 1 "=500' Flight Year: 2009 USDA/NAIP 2006 1 "=500' Flight Year: 2006 USDA/NAIP 1998 1 "=500' Flight Date: March 12, 1998 USGS 1993 1 "=500' Acquisition Date: March 06, 1993 USGS/DOQQ 1983 1"=500' Flight Date: March 02, 1983 NHAP 1964 1 "=500' Flight Date: September 26, 1964 USGS 1961 1 "=500' Flight Date: September 12, 1961 USGS 1959 1 "=500' Flight Date: March 04, 1959 USDA 1950 1 "=500' Flight Date: November 21, 1950 USGS When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive. 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. 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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. 5934333 - 5 page 2 ° , .' / / , ` _�'� �p ^ ~, -k .�l ^ i R = 500' EDR h : � ti t+_ • r x r �� ��� rt ••� �� -. � f f ,�± r. �` •^mot 37f w . f i 11 INQUIRY k 5934333.5 YEAR: 2009 - 500' (eEDR It-- AW t, r 5'• i rd, — I ka IA .' r-4f+ ! 44 � s( 0") r t v fo fh Y � Y` INQUIRY #: 5934333.5 YEAR: 1964 = 500, EDR �� a� ♦ jam, �T,e E '` _' ' t}� � r 1 '• � S 1 r r; r f` Y. *xAIV dO y ' T} - -1 y: t' ' + • , die ��`� . Mi•�S � � y ,� t' �� !'�► �,; � -a� f i� �F� +�, F r� ■ � � _. — �: �� � tr'~�, - ��a. �• � � { `s i •ram __ INOL)IRY #: 5934333.5 " i,N YEAR: 1959 � .. ��� � �• �,,. = 500' EDR _ ` , r' OF w R� A ROY COOPER Governor MICHAEL S. REGAL Secrr y LINDA CULPEPPER plret7vf NORTH CAROLINA Environmental Quality March 5, 2019 Daniel F. and Paula S. Kornegay DWR Project #20190239 610 Worley Road Johnston County Princeton, NC 27569 Subject: Cm -Site Stream Evaluation and Determination for Applicability to the Neuse River Riparian Buffer Rules (15A NCAC 02B .0233) and Water Quality Standards Project Name: Moccasin Creek Mitigation Site Address/Location: Pine Level -Selma Road, Selma, NC 27576 Lat. 35.517209, Long-78.248368 Parcel ID's: Johnston County PIN #262414-33-7734 Streams Evaluated: Moccasin Creek and an Unnamed Tributary to Moccasin Creek Field Date: February 12, 2019 DWR Staff: Shelton Sullivan Determination Type: Buffer: Stream: Neuse (15A NCAC 02B .0233) ® Ephemeral/Intermittent/Perennial ❑ Tar -Pamlico (15A NCAC 02B .0259) Determination (where local buffer ❑ Catawba (15A NCAC 02B .0243) ordinances apply) ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B .0250) [] Goose Creek (15A NCAC 02B .0605-.0608) See the following table and written explanation regarding the stream determinations. ,��D_E ` QV — North Carolina DeNrimrnl of Envlrorimental Quality I D}vision of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617 410 1079000 Wildlands Engineering Inc, Meuse River Riparian Buffer/Stream Determination DWR Project #20190239 Page 2 of 4 Feature IDl Feature Type Not Subject Subject Start@ Stop @ Soil Survey USGS Topo Moccasin Stream— X Western Eastern X X Creek Perennial (P) easement easement boundary, boundary at behind Crocker North Peedin Cemetery Avenue LIT1 Stream — X Culvert under Confluence X X Perennial (P) Pine Level with Selma Road Moccasin Creek ' See maps provided showing labeled features Ephemeral (E), Intermittent (i), Perennial (P), Ditch (D) The Division of Water Resources (DWR) received a Request for Stream Buffer Applicability Determination for a Potential Mitigation Site of the location described above. On February 12, 2019, DWR staff, along with Andrea Eckardt from Wildlands Engineering Inc. conducted a site visit. DWR determined that the two features on the site, Moccasin Creek and the Unnamed Tributary to Moccasin Creek are both perennial stream features subject to the Neuse River Riparian Buffer Rules and are both located on the most recently published NRCS Soil Survey of Johnston County, North Carolina and shown on the most recent copy of the USGS Topographic map at a 1: 24,000 scale. There may be other streams or features located on the properties and on the included maps that may be subject to the buffer rules or may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via US Postal Service: c/o Karen Higgins DWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedFx, etc.): 0 Karen Higgins DWR — 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. Wildlands Engineering Inc. Neuse River Riparian Buffer/Stream Determination DWR Project #20190239 Page 3 of 4 This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-5544884. If you have questions regarding this determination, please feel free to contact Shelton Sullivan at (919) 707-3636. Sincerely, �Wj'/V) "6 J-w4 Karen Higgins, Supervisor 401 & Buffer Permitting Branch Attachments: Maps; Photos by DWR; Stream Rating Forms cc: Andrea Eckardt, Wildlands Engineering, Inc., aeckardt@wildlandsenl;,com 401 & Buffer Permitting Branch file copy DWR RRQ via email Filename: 20190239_Moccasin Creek Stream Call.docx Wildlands Engineering Inc, Meuse River Riparian Suffer/Stream Determination DWR Project #20190239 Page 4 of 4 DWR Photos taken 2/12/2019 Moccasin Creek UT f /0)\W N i QProject Location s ' w I' rr . Ce i R � � w t _ � R �ti r « t s f G 410, Al - Pine OM'.` •yy " . � i V1494r fir► + �* � r ! . rt ! �� � � 40 Selma and Kenly West USGS 7.5 minute Topographic Quadrangle r �y,i • W I L, D L A N D S 0 300 600 Feet Figure 3 USGS Topographic Map ENGINEERING Mocassin CreekMitigation Site Neuse River Basin (03020201) Johnston County, NC NU V WQ Stream Identification Form Version 4.11 Date: ProjectlSite: /T Latitude: Evaluator. �i County:� �(j Longitude: Total Points: Stream Determination (cir if:3 Z �hl ItiOther Name: Stream is at least l ettenf � � �� �o � ��Y Epemeranermtf erennial e. Quad if � 19 orperennial f � 0* 9• �__el ­11-114r unuics aic nui raIe4; see urscussrons in manual B. Hvdrnlnnv IS,rhtntal = 11. c---:, I 12. Presence of Baseflow 0 1 2 CE> 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 16. Organic debris lines or piles 0 0.5 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 L. o1VIVc.,_J, y �ouytotai = /vim 4,8. Fibrous roots in streambed 19., land plants in streambed 20. Macrobenthos (no a nd abundance 21. Aquatic Mollusks 22. Fish 23. Crayfish 24. Amphibians 25. Algae 26. Wetland plants in streambed 3 2 1 0 3 2 1 p 0 1 2 3 0 1 2 3 0.5 1 1.5 0 1 1.5 0 0.5 1 1.5 0 0.5 1 perennial streams may also be identified using other methods. See p. 35 of manual. Notes: FACW = 0.75; OBl_ = 1.5 Other = 0 Sketch: 5A,­11 i 1 NC DWQ Stream Identification Form Version 4.11 Date: �T _ ProjectlSite:�o[tcrg,�,� Latitude; Evaluator; �,.� ,� � County: kyle �ev1d l` {� Longitude: Ej Total Points: i"'% Stream is at least intermittent _ - Stream Determination (circle Ephemeral Intermitt Other if a 19 or perennial if a 30- erennia e,g. Quad !Name: Yew u.v I"10 stS.,.- G",r r, t--PIFI tip. A. Geomorphology Subtotal = ',� • Absent Weak Moderate Strong ta. Continuity of channel bed and bank 0 1 2 2. Sinuosity of channel along thalweg 0 1 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 � -, 4. Particle size of stream substrate 0 1 2 5. Active/relict ffoodplain 0 1 2 3� 6. Depositional bars or benches 0 1 2 7. Recent alluvial deposits 0 1 (D 3 8. Headcuts ` 1 2 3 9. Grade control 0.5 1 1.5 10. Natural valley 0 0.5 El 1-5-` 11. Second or greater order channel No = 0 Y = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal = I t - S, ` 12. Presence of Baseflow 0 1 2 m, 13. Iron oxidizing bacteria 1 �� 3 14. Leaf litter C1.5_ 1 0.5 0 15. Sediment an plants or debris 0 0.5 <M�l 1.5 16. Organic debris lines or piles 0 0.5 1.5 17. Soil -based evidence of high water table? No = 0 C. Biology (Subtotal = N TL_ ) 18.flibrous roots in streambed 3 2 1 0 19. Rooted u ants in streambed 3 2 1 0 20. Macrobenthos (note diverse d-at?undance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1.5 25. Algae 0 0.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: - r dt . t✓;ttuca��.vqa_ �_cA,-' ! U ,... " Y> to o�1! . ROY COOPER Governer MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Andrea Eckardt NORTH CAROLINA Environmental Quality November 22, 2019 Wildlands Engineering, Inc Johnston County 1430 S. Mint St., Suite 104 Charlotte, NC 28203 (via electronic mail: aeekardt c iwildlandseng.com) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Moccasin Creek Site Located at 1839 Pine Level Selma Rd, Selena, NC Neuse 03020201 (not in Falls WS) Dear Ms. Eckardt, On January 8, 2019, Katie Merritt, with the Division of Water Resources {DWR}, received a request from you on behalf of Wildlands Engineering, Inc (WEI) for a site visit near the above -referenced site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately shown in the attached maps labeled "Figure 4" prepared by WEI. On February 12, 2019, Ms. Merritt performed a site assessment of the subject site. Staff with WEI were also present. Site constraints on the property are detailed below: I . Two existing powerline easements are present — one easement is 100' wide and one easement is 30' wide; 2. One existing driveway is present; 3, Sewer lines are present but the specific sewer line access easement has not been provided to DWR; 4. Site is located within the Moccasin Creek drainage district where active maintenance is performed within Moccasin Creek and its unnamed tributaries (see Exhibit A) Regarding Item 4 above, DWR is likely to support a riparian restoration project adjacent to moccasin creek and its associated unnamed tributary, labeled UTI , under the following conditions: I . A Conservation Easement (CE) must include the top of channel banks and be written in a way to support the Drainage District's needs within the first 15' from top of bank only. This will have to include the lateral streams and ditches coming into Moccasin on the site as well 2. The CE must be transferred to a DWR- approved long term steward before receiving the first credit release. 3. Correspondence must be provided to the Drainage District regarding ## I above 4. Correspondence from the Drainage District to Wildlands must be provided to DWR acknowledging their acceptance that 15' is the maximum width allowed for a travel -way within the CE area. Their maintenance contract would need to be updated in response to this, � ' Norlh Calallna Deparlmenl of Environmental Qualily I Division of Water Resouncea 512 North Salisbury Street t 107 Mall Service Centro I Raleigh, North Carolina 2704 lhli 919.707,90ou Moccasin Creek Site Wildlands Engineering, Inc. November 22, 2019 noting that 15' along areas of Moccasin Creek and laterals at this location, is the maximum "travel -way". 5. No buffer mitigation or nutrient offset credits can be generated within the first 15' from top of bank. 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) and landward 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 ( azuxjGcaUm 'Subject RiVarian Land uses Suffer zNuirient Mitigation TIUC Dgt=ina '" WIln riparian areas ansit€ 11a Huffe adjacent to Feature Credit Viable Onset Viable (0.200') at 1 s-N uer acre Moccasin Stream Yes Left Bank (nor located ;Yes Yes ( right Left Bank/non-forested - Restoration Creek within the proposed project bank only) Site per 15A NCAC 02B .0295 (n) batrndaryl-Mostly non - forested & non-agricultural Left Bank/forested - Preservation Site fields upstream with mature per 15A NCAC 028.0295 (a)(5) forest downstream and a sewer line easement Right Bank/Fields - Restoration Site per 15A NCAC 02B .0295 (n) Right Bank- Non -forested agricultural fields *sewer easement must be located outside of Zone 1 & be in full compliance with 15A NCAC 02B .0295 (1)(4)(A-C) A Ditch No Dion -forested agricultural *see note Yes Restoration Site per 15A NCAC 02B fields .0295 (o)(8) *Buffer Mitigation Note — Assessment concludes the ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, C, & E). More information is required to be provided in a mitigation plan for complete assessment. See rule. UTI Stream Yes Non -forested agricultural Yes Yes Restoration Site per 15A NCAC 02B fields, driveway parallel to .0295 (n) left bank, and a sewer line easement present driveway path must be removed outside of the project area to receive credit Trash was located in the stream and should be *sewer easement must be located outside removed of Zone 1 & be in full compliance with 15A NCAC 020,0295 0)(4)(A-C) 'Subjectivity calls for the features were determined by DWR in correspondence dated March 5,.2419 using the I :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- detemdning Nutrient Reductions associared with Riparian Bet fer Establishment 11he area of preservation credit within a butler 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 I5A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. Page 2 of 3 Moccasin Creek Site Wildlands Engineering, Inc. November 22, 2019 Maps that are attached to this letter were prepared by WEI and initialed by Ms. Merritt on November 22, 2019. This letter does not constitute an approval of this site to generate mitigation credits, Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. This viability assessment will expire on November 22, 2021 or upon the submittal of an As - Built Report to the DVWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, stream or wetland mitigation plans for this Site Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, MH/kym Attachments: Figure 2, Exhibit A cc: File Copy (Katie Merritt) Mae Haupt, Acting Supervisor � , /2401 and Buffer Permitting Branch Page 3 of 3 Project Location ------ Sanitary Sewer Line Proposed Conservation Easement Boundary Non -Project Streams Topographic Contours (2') Project Streams Project Ditches • Manholes i Sewer Location Assumed from ♦, • I�� � Approximate Locations of Field Located Sanitary Sewer Manholes. `�( + 30' Powerfine Not All Manholes Located. 1< Easement Break �= 6 z 100' Powerline •� 50' driveway �S Easement Break - Easement Break j} h ij�� I\ • r aR ` /7Ilk- fill 4.�. 'fie or �.44L at ION Figure 2 Site Map W I L, D L, A N D S 0 250 500 F et Moccasin Creek Mitigation Site E N G I N E E R I N G Neuse River Basin (03020201) l Johnston County, NC EXHIBIT A MAINTENANCE SPECIFICATIONS -MOCCASIN CREEK The work to be bid consists of approximately 22.4 miles of maintenance work on the Moccasin Creek Watershed Project extending from just west of US 301 north of Selma, past the town of Pine Level, to a point designated as the headwaters of Holt's Pond near Princeton in Johnston County, North Carolina. The maintenance work will consist of the following: The morning of all travel -ways (travel -way herein defined as that area on which spoil was placed when excavation originally occurred, the spoil being shaped to allow access) on the main and all laterals in the watershed project. The amount to be mowed being the side of the channel from waters edge to the top of the channel bank and the travel -way area from the top of channel bank to adjacent vegetation beyond one year of age along the edge of the travel -way. Mowing will be done to approximately a four inch height on the side slope of the channel. Mowing will be done on both sides of the channel at the areas shown on the project map. All channel areas that can be accessed from either side shall have the trees removed and slope mowed on both sides. The approximate locations of these areas are shown on the project map. The designated Contracting Officer will determine the exact location and extent of the work in the field. 2_ The removal of aII debris from the channel. Debris consists of any natural or manmade material. Natural materials include but are not limited to: a) Trees that have fallen across the channel whether or not their branches are in the water. b) Trees or shrubs fallen in the channel. c) Beaver dams. d) Debris pile ups of branches, sticks, etc. in the channel, at culvert pipes. and at railroad or highway bridges. e) Trees or shrubs growing below the mean water Iine in the channel. f) Sandbar excavation not to exceed the original depth of the channel. Excavation to be done at the discretion and direction of the designated Contracting Officer. Manmade materials include but are not limited to: a) Tires b) Appliances c) Railroad ties d) Cinder blocks 1 e) Wooden pallets Y� f) Any trash in channel at time of mowing and maintenance. Y 3. The filling of any sink holes or potholes on the travel -way that might restrict access. 4. All correspondence regarding this project, pre -bid and post -bid will be solely through the Contracting Officer. Only the Contracting Officer has the authority to approve a change or deviation from the specifications. 5. Contactor is to contact the Contracting Officer upon completion of each segment. Contracting Officer will inspect and mark deficiencies. Contracting Officer will re -inspect when notified that the deficiencies have been corrected. All trees, shrubs, debris, etc., cut or removed as a result of maintenance work are to be disposed of according to local and state law and in a manner acceptable to the Contracting Officer and adjoining landowners. In no situation shall debris be placed on cropland or other cleared land. Repair of any damage to culverts, drop inlets, or other pipes as a result of maintenance work is the responsibility of the Contractor and is to be corrected to the satisfaction of the Contracting Officer. The Contractor will be provided a reap but the Contractor assumes sole responsibility in determining the extent of watershed project and the location of the main and all laterals of watershed. Work is not to be started until all of the following criteria are met. a) an initial bid acceptance letter is received. b) a pre -construction conference is attended by the Contractor or a representative qualified to act on his behalf c) a written Notice -to -Proceed is received. This Notice shall be received annually. Payment for work will be made upon satisfactory inspection by the Contracting Officer. i t1 F_NT of Tjy�r Uf Q 7 � H 3, S�A9 United States Department of the Project Name FISH AND WILDLIFE SERVICE Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date:2/17/2020 Self -Certification Letter Moccasin Creek Buffer Mitigation Bank Parcel Dear Applicant: u_ts FLKEI & W IL➢UF); SEIIVICE Interior 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.html. If you have any questions, you can write to us at Raleigh@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: _Moccasin Creek Mitigation Bank Parcel Date: 2/17/2020 Species / Resource Name Conclusion ESA Section 7 / Eagle Act Notes / Documentation Determination Red -cockaded woodpecker No suitable habitat No effect Field visits in January 2019 found no suitable habitat. (Picoides borealis) present Project area is active row crop. Neuse River Waterdog No suitable habitat No effect Field visit February 2020 found no suitable habitat. Project (Necturus lewis►) present area is active row crops with banks regularly mowed. No work proposed in the slow flowing streams on site. Carolina Madtom No suitable habitat No effect Field visit February 2020 found no suitable habitat. Project (Notorus furiosus) present area is active row crops with banks regularly mowed. No work proposed in the slow flowing streams on site. Atlantic pigtoe (Fusconaia No suitable habitat No effect Field visit January 2019 found no suitable habitat. Project masoni), present area is active row crops with banks regularly mowed. No work proposed in the slow flowing streams on site. Tar River spinymussel No suitable habitat No effect Field visit January 2019 found no suitable habitat. Project (Elliptio steinstansana) present area is active row crops with banks regularly mowed. No work proposed in the slow flowing streams on site. Michaux's sumac (Rhus Suitable habitat, No effect Field visit January 2019 found small areas of suitable habitat michauxii) species not present along the roadway, but no individuals present during field visit October 2019. Critical Habitat None No effect Bald Eagle Unlikely to disturb No Eagle Act Permit Not within 660 feet of large bodies of water nesting bald eagles Required 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. Andrea Eckardt Pro'ect Manager 2/17/2020 Signature /Title Date e- United States Department of the Interior l FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office L Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: January 28, 2020 Consultation Code: 04EN2000-2020-SLI-0552 Event Code: 04EN2000-2020-E-01244 Project Name: Moccasin Creek Buffer 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 01/28/2020 Event Code: 04EN2000-2020-E-01244 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/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.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. 01/28/2020 Event Code: 04EN2000-2020-E-01244 Attachment(s): ■ Official Species List 01/28/2020 Event Code: 04EN2000-2020-E-01244 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 01/28/2020 Event Code: 04EN2000-2020-E-01244 2 Project Summary Consultation Code: 04EN2000-2020-SLI-0552 Event Code: 04EN2000-2020-E-01244 Project Name: Moccasin Creek Buffer Mitigation Bank Parcel Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: This is a 16.2 acre riparian buffer mitigation project. There will be no work in the stream, just planting of trees within an existing agricultural field. This is proposed as a mitigation bank under the State of NC buffer mitigation rules. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.51935927314052N78.25180330112119W Counties: Johnston, NC 01/28/2020 Event Code: 04EN2000-2020-E-01244 3 Endangered Species Act Species There is a total of 6 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. Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 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:Hecos.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 01/28/2020 Event Code: 04EN2000-2020-E-01244 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https:Hecos.fws.gov/ecp/species/5164 Tar River Spinymussel Elliptio steinstansana Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1392 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/species/5217 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Andrea Eckardt From: Wells, Emily N <emily_wells@fws.gov> Sent: Tuesday, February 18, 2020 3:54 PM To: Andrea Eckardt; Mann, Leigh Subject: Re: DUE DATE: MARCH 12, 2020 Fw: Online Project Review Certification Letter MOCCASIN CREEK BUFFER MITIGATION SITE Hi Andrea, Thank you for the information. We would concur with your determination letter. Thank you, Emily From: Mann, Leigh <leigh_mann@fws.gov> on behalf of Raleigh, FW4 <raleigh@fws.gov> Sent: Tuesday, February 18, 2020 9:12 AM To: Wells, Emily N <emily_wells@fws.gov> Subject: DUE DATE: MARCH 12, 2020 Fw: Online Project Review Certification Letter MOCCASIN CREEK BUFFER MITIGATION SITE From: Andrea Eckardt <aeckardt@wildlandseng.com> Sent: Monday, February 17, 2020 9:27 PM To: Raleigh, FW4 <raleigh@fws.gov> Subject: [EXTERNAL] Online Project Review Certification Letter Attached is the completed Online Project Review Certification Package for the Moccasin Creek Buffer Mitigation Site. The Buffer Mitigation Site is located in Johnston County, NC and consists of planting trees and shrubs within the riparian buffer of Moccasin Creek and one unnamed tributary. The package includes Official Species List from IPaC, the completed Species Conclusion Table and the Self Certification Letter. Please let me know if you need any additional information. Thank you Andrea Andrea S. Eckardt I Ecological Assessment Team Leader 704.332.7754 x101 Wildlands Engineering, Inc. 1430 S. Mint St, Suite 104 Charlotte, NC 28203 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton February 14, 2020 Andrea Eckardt Office of Archives and History Deputy Secretary Kevin Cherry aeckardt@vildlandseng.com 1430 South Mint Street Suite 104 Charlotte, NC 28203 Re: Moccasin Creek Mitigation Bank Parcel, Johnston County, ER 20-0191 Dear Ms. Eckardt: Thank you for your January 22, 2020, submission concerning the above -referenced project. We have reviewed the materials provided and offer the following comments. Two previously recorded pre -colonial American Indian archaeological sites (31JT78 and 31JT79) are located within the subject property. These sites have not been assessed to determine their eligibility for listing in the National Register of Historic Places. Both sites are in the floodplain south of the project. However, the boundaries for site 31JT78 may extend into the subject easement areas. Ground disturbance as proposed within the subject easement areas should have no effect on sites 31JT78 and 31JT79. However, should access roads or additional ground disturbing activities be planned, we request engineering specifications be submitted to us for review. In addition, the Crocker Cemetery is located on property immediately southwest of the project area along Pine Level -Selma Road. The cemetery appears to be well marked and should not be directly impacted by ground disturbance. However, we recommend heightened caution during ground -disturbing activities in the vicinity of the cemetery. Please note that cemeteries are protected under NC General Statutes Chapter 14-148 and 14-149 and are afforded consideration under Chapter 65. Should human remains be discovered in the vicinity of 31JT78 and 31JT79 or anywhere else in the project area, the provisions of North Carolina General Statute Chapter 70, Article 3 apply. All ground disturbing activities should immediately cease, and the county medical examiner should be contacted. 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. 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 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, (1� )JtauLtQA�- amona Bartos, Deputy State Historic Preservation Officer news alerts, pipeline construction + :)rmation, and information about ti Moccasin c<eek nmunity resources, click on the 1 for your state to be directed to jr county. 5 � 61 Selma 65 7j1 A 70 Dixie Of Eiruw �'�7rry Rcl g Balten Far% 100 4S��fZ co ®` ar � CC� '[.amP9round Rd B g4tto ofi Stoekin G� fil�'''CrrH Ra Ce '� All, �� rco'�r"ai1 Rd Moo;µsa+ Creek $ranch o . h4lbman l<n Pine Level' i vans Ra You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) hnston County. State of Forth Carolina DOT, Bri, III... Moccasin Creek Mitigation Site W. Main Street Selma, NC 27576 Inquiry Number: 5934333.2s January 14, 2020 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 (rEDR 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 12 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map------------------------------------------- A-5 Physical Setting Source Map------------------------------------------------ A-19 Physical Setting Source Map Findings A-21 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 2020 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. TC5934333.2s 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 W. MAIN STREET SELMA, NC 27576 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 35.5167620 - 35° 31' 0.34" 78.2481070 - 78° 14' 53.18" Zone 17 749563.1 3933636.8 148 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Version Date: Southeast Map: Version Date: Southwest Map: Version Date: Northwest Map: Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: Source: 5948600 KENLY WEST, NC 2013 5948616 PRINCETON, NC 2013 5948590 FOUR OAKS NE, NC 2013 5948620 SELMA, NC 2013 20140525,20141018 USDA TC5934333.2s EXECUTIVE SUMMARY 1 MAPPED SITES SUMMARY Target Property Address: W. MAIN STREET SELMA, NC 27576 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION 1 PINE LEVEL LIFT STAT N. PEEDIN AVE. LUST, IMD Higher 189, 0.036, SE LITTLE BEE FOOD MART HWY 70A IMD Higher 1924, 0.364, South 5934333.2s 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-VSQG----------------- RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity Generators) Federal institutional controls / engineering controls registries LUCIS________________________ Land Use Control Information System TC5934333.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US ENG CONTROLS --------- Engineering Controls Sites List 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 DEBRIS______________________ Solid Waste Active Disaster Debris Sites Listing OLI___________________________ Old Landfill Inventory LCID Land -Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LAST_________________________ Leaking Aboveground Storage Tanks 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 UST ------------------ 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 INDIAN VCP Voluntary Cleanup Priority Listing VCP__________________________ Responsible Party Voluntary Action Sites 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 TC5934333.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY HIST LF______________________ Solid Waste Facility Listing INDIAN ODI__________________ Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations ODI__________________________ Open Dump Inventory IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL______________________ National Clandestine Laboratory Register Local Land Records LIENS 2______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System SPILLS_______________________ Spills Incident Listing 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 US AIRS_____________________ Aerometric Information Retrieval System Facility Subsystem TC5934333.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US MINES -------------------- Mines Master Index File ABANDONED MINES________ Abandoned Mines FINDS Facility Index System/Facility Registry System ECHO ------------------------ Enforcement & Compliance History Information DOCKET HWC_______________ Hazardous Waste Compliance Docket Listing UXO Unexploded Ordnance Sites FUELS PROGRAM___________ EPA Fuels Program Registered Listing AIRS_________________________ Air Quality Permit Listing ASBESTOS ASBESTOS COAL ASH___________________ Coal Ash Disposal Sites DRYCLEANERS-------------- Drycleaning Sites Financial Assurance Financial Assurance Information Listing NPDES----------------------- NPDES Facility Location Listing UIC--------------------------- Underground Injection Wells Listing AOP Animal Operation Permits Listing PCSRP----------------------- Petroleum -Contaminated Soil Remediation Permits CCB-------------------------- Coal Ash Structural Fills (CCB) Listing MINES MRDS Mineral Resources Data System SEPT HAULERS_____________ Permitted Septage Haulers 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 identified in the following databases Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. TC5934333.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY STANDARD ENVIRONMENTAL RECORDS State and tribal leaking storage tank lists LUST: The Leaking Underground Storage Tank Incidents Management Database contains an inventory of reported leaking underground storage tank incidents. The data come from the Department of Environment, & Natural Resources' Incidents by Address. A review of the LUST list, as provided by EDR, and dated 08/02/2019 has revealed that there is 1 LUST site within approximately 0.5 miles of the target property. Equal/Higher Elevation Address Direction / Distance Map ID PINE LEVEL LIFT STAT N. PEED/N AVE. SE 0 - 118 (0.036 mi.) 1 Incident Phase: Closed Out Incident Number: 22874 Current Status: File Located in Archives ADDITIONAL ENVIRONMENTAL RECORDS Records of Emergency Release Reports IMD: Incident Management Database. A review of the IMD list, as provided by EDR, and dated 07/21/2006 has revealed that there are 2 IMD sites within approximately 0.5 miles of the target property. Eaual/Higher Elevation Address Direction / Distance Map ID PINE LEVEL LIFT STAT Facility Id: 22874 LITTLE BEE FOOD MART Facility Id: 6933 N. PEED/N AVE. HWY 70A SE 0 - 118 (0.036 mi.) S 1/4 - 1/2 (0.364 mi.) 1 6 Page 8 Page 8 10 TC5934333.2s EXECUTIVE SUMMARY 7 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5934333.2s EXECUTIVE SUMMARY 8 OVERVIEW MAP - 5934333.2S i _,,. TF y r r ` i Target Property Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants National Priority List Sites Dept. Defense Sites NZx', P Y'' b �A .` •, 11 0 IFAr l f'�� .\• t F l r f it 0 1/4 1/2 1 Mlles Indian Reservations BIA Hazardous Substance Power transmission lines Disposal Sites Special Flood Hazard Area (1%) 0.2% Annual Chance Flood Hazard National Wetland Inventory State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Moccasin Creek Mitigation Site CLIENT: Wildlands Eng, Inc. ADDRESS: W. Main Street CONTACT: Andrea Eckardt Selma NC 27576 INQUIRY #: 5934333.2s LAT/LONG: 35.516762 / 78.248107 DATE: January 14, 2020 1:35 pm Copyright,o 2020 EDR, Inc. (c) 2015 TornTom Rel. 2015. DETAIL MAP - 5934333.2S q Target Property o 7i8 a lnunes Sites at elevations higher than or equal to the target property Indian Reservations BIA Hazardous Substance ♦ Sites at elevations lower than Power transmission lines Disposal Sites the target property National Wetland Inventory 1 Manufactured Gas Plants State Wetlands r Sensitive Receptors National Priority List Sites Dept. Defense Sites 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: Moccasin Creek Mitigation Site CLIENT: Wildlands Eng, Inc. ADDRESS: W. Main Street CONTACT: Andrea Eckardt Selma NC 27576 INQUIRY #: 5934333.2s LAT/LONG: 35.516762 / 78.248107 DATE: January 14, 2020 1:38 pm Copyright,o 2020 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 1.000 0 0 0 0 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-VSQG 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 0.001 0 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 DEBRIS 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 LCID 0.500 0 0 0 NR NR 0 TC5934333.2s Page 4 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 State and tribal leaking storage tank lists LAST 0.500 0 0 0 NR NR 0 LUST 0.500 1 0 0 NR NR 1 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 INDIAN VCP 0.500 0 0 0 NR NR 0 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 DEBRIS REGION 9 0.500 0 0 0 NR NR 0 ODI 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 0.001 0 NR NR NR NR 0 US CDL 0.001 0 NR NR NR NR 0 Local Land Records LIENS 2 0.001 0 NR NR NR NR 0 Records of Emergency Release Reports HMIRS 0.001 0 NR NR NR NR 0 SPILLS 0.001 0 NR NR NR NR 0 IMD 0.500 1 0 1 NR NR 2 TC5934333.2s Page 5 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 SPILLS 90 0.001 0 NR NR NR NR 0 SPILLS 80 0.001 0 NR NR NR NR 0 Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR 0 FUDS 1.000 0 0 0 0 NR 0 DOD 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 US FIN ASSUR 0.001 0 NR NR NR NR 0 EPA WATCH LIST 0.001 0 NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA 0.001 0 NR NR NR NR 0 TRIS 0.001 0 NR NR NR NR 0 SSTS 0.001 0 NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP 0.001 0 NR NR NR NR 0 RAATS 0.001 0 NR NR NR NR 0 PRP 0.001 0 NR NR NR NR 0 PADS 0.001 0 NR NR NR NR 0 ICIS 0.001 0 NR NR NR NR 0 FTTS 0.001 0 NR NR NR NR 0 MLTS 0.001 0 NR NR NR NR 0 COAL ASH DOE 0.001 0 NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER 0.001 0 NR NR NR NR 0 RADINFO 0.001 0 NR NR NR NR 0 HIST FTTS 0.001 0 NR NR NR NR 0 DOT OPS 0.001 0 NR NR NR NR 0 CONSENT 1.000 0 0 0 0 NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 FUSRAP 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 LEAD SMELTERS 0.001 0 NR NR NR NR 0 US AIRS 0.001 0 NR NR NR NR 0 US MINES 0.250 0 0 NR NR NR 0 ABANDONED MINES 0.250 0 0 NR NR NR 0 FINDS 0.001 0 NR NR NR NR 0 ECHO 0.001 0 NR NR NR NR 0 DOCKET HWC 0.001 0 NR NR NR NR 0 UXO 1.000 0 0 0 0 NR 0 FUELS PROGRAM 0.250 0 0 NR NR NR 0 AIRS 0.001 0 NR NR NR NR 0 ASBESTOS 0.001 0 NR NR NR NR 0 COAL ASH 0.500 0 0 0 NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 Financial Assurance 0.001 0 NR NR NR NR 0 NPDES 0.001 0 NR NR NR NR 0 UIC 0.001 0 NR NR NR NR 0 AOP 0.001 0 NR NR NR NR 0 PCSRP 0.500 0 0 0 NR NR 0 CCB 0.500 0 0 0 NR NR 0 TC5934333.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property MINES MRDS 0.001 SEPT HAULERS 0.001 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 0.001 RGA LF 0.001 RGA LUST 0.001 - Totals -- 0 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database < 1 /8 1/8-1/4 1/4-1/2 1/2-1 > 1 0 NR NR NR NR 0 NR NR NR NR Total Plotted 0 0 0 0 0 0 NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 0 NR NR NR NR 0 2 0 1 0 0 3 TC5934333.2s Page 7 Map ID Direction Distance Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number 1 PINE LEVEL LIFT STATION LUST S105120011 SE N. PEEDIN AVE. IMD N/A < 1/8 PINE LEVEL, NC 27568 0.036 mi. 189 ft. Relative: LUST: Higher Name: PINE LEVEL LIFT STATION Actual: Address: N. PEEDIN AVE. 161 ft. City,State,Zip: PINE LEVEL, NC 27568 Facility ID: 00-0-000 UST Number: FA-1227 Incident Number: 22874 Contamination Type: GW Source Type: Leak -underground Product Type: P Date Reported: 01/17/1996 Date Occur: 12/17/1996 Cleanup: 12/17/1996 Closure Request: Not reported Close Out: 02/05/2003 Level Of Soil Cleanup Achieved: Not reported Tank Regulated Status: R # Of Supply Wells: 0 Commercial/NonCommercial UST Site: COMMERCIAL Risk Classification: L Risk Class Based On Review: L Corrective Action Plan Type: Not reported NOV Issue Date: Not reported NORR Issue Date: Not reported Site Priority: Not reported Phase Of LSA Req: Not reported Site Risk Reason: Not reported Land Use: Industrial/commercial MTBE: No MTBE1: Unknown Flag: No Flag1: No LUR Filed: Not reported Release Detection: 0 Current Status: File Located in Archives RBCA GW: Not reported PETOPT: 3 RPL: False CD Num: 241 Reel Num: 0 RPOW: False RPOP: False Error Flag: 0 Error Code: N Valid: False Lat/Long Decimal: 35.5137-78.2434 Testlat: Not reported Regional Officer Project Mgr: NPM Region: FAY Company: JOHNSTON CO PUBLIC UTILITIES Contact Person: JAY CARTER Telephone: 9199895075 RP Address: 126 S. THIRD ST. TC5934333.2s Page 8 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number PINE LEVEL LIFT STATION (Continued) S105120011 RP City,St,Zip: SMITHFIELD, NC 27577 RP County: JOHNSTON Comments: Review of Closure Report and additional info resulted in NFA letter due to no constituents above action level. File pulled for archiving 6/13/2006 5 Min Quad: Not reported PIRF: Facility Id: 22874 Date Occurred: 12/17/1996 Date Reported: 2/8/2001 Description Of Incident: GROUNDWATER AND SOIL CONTAMINATION DISCOVERED DURING UST REMOVAL Owner/Operator: JAY CARTER Ownership: 4 Operation Type: 5 Type: 3 Location: 1 Site Priority: U Priority Update: 2/8/2001 Wells Affected Y/N: N Samples Include: Not reported 7#5 Minute Quad: Not reported 5 Minute Quad: Not reported Pirf/Min Soil: Not reported Release Code: Not reported Source Code: Not reported Err Type: 2 Cause: Not reported Source: C Ust Number: C Last Modified: 2/5/2003 Incident Phase: Closed Out NOV Issued: Not reported NORR Issued: Not reported 45 Day Report: Not reported Public Meeting Held: Not reported Corrective Action Planned: Not reported SOC Signed: Not reported Reclassification Report: Not reported IRS Designation: Not reported Closure Request Date: Not reported Close-out Report: Not reported Click here to access the North Carolina DEQ records for this facility: IMD: Region: RAL Facility ID: 22874 Date Occurred: 12/17/1996 Submit Date: 2/8/2001 GW Contam: Yes, Groundwater Contamination has been detected Soil Contam: No Incident Desc: GROUNDWATER AND SOIL CONTAMINATION DISCOVERED DURING UST REMOVAL Operator: JAY CARTER Contact Phone: 9199895075 Owner Company: JOHNSTON CO PUBLIC UTILITIES TC5934333.2s Page 9 Map ID MAP FINDINGS Direction Distance Elevation Site PINE LEVEL LIFT STATION (Continued) Operator Address:126 S. THIRD ST. Operator City: SMITHFIELD Oper City,St,Zip: SMITHFIELD, NC 27577 Ownership: Private Operation: Industrial Material: Not reported Qty Lost 1: Not reported Qty Recovered 1: Not reported Source: Leak -underground Type: Gasoline/diesel Location: Facility Setting: Rural Risk Site: I Site Priority: U Priority Code: Not reported Priority Update: 2/8/2001 Dem Contact: RFH Wells Affected: No Num Affected: Not reported Wells Contam: Not reported Sampled By: Not reported Samples Include: Not reported 7.5 Min Quad: Not reported 5 Min Quad: Not reported Latitude: Not reported Longitude: Not reported Latitude Number: Not reported Longitude Number: Not reported Latitude Decimal: Not reported Longitude Decimal: Not reported GPS: NOD Agency: DWM Facility ID: 22874 Last Modified: 2/5/2003 Incident Phase: Closed Out NOV Issued: Not reported NORR Issued: Not reported 45 Day Report: Not reported Public Meeting Held: Not reported Corrective Action Planned: Not reported SOC Sighned: Not reported Reclassification Report: Not reported IRS Designation: Not reported Closure Request Date: Not reported Close-out Report: Not reported 2 LITTLE BEE FOOD MART South HWY 70A 1/4-1/2 PINE LEVEL, NC 0.364 mi. 1924 ft. Relative: IMD: Higher Region: RAL Actual: Facility ID: 6933 171 ft. Date Occurred: 8/28/1991 Submit Date: 9/16/1991 EDR ID Number Database(s) EPA ID Number S105120011 IMD S101523260 N/A TC5934333.2s Page 10 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number LITTLE BEE FOOD MART (Continued) S101523260 GW Contam: Yes, Groundwater Contamination has been detected Soil Contam: No Incident Desc: PRODUCT FOUND IN MONITORING WELL. Operator: DONNY CROCKES/BUSY BEE OIL CO. Contact Phone: Not reported Owner Company: Not reported Operator Address:105 W. PINE ST. Operator City: PINE LEVEL Oper City,St,Zip: PINE LEVEL, NC 27568 Ownership: Private Operation: Commercial Material: GASOLINE Qty Lost 1: Not reported Qty Recovered 1: Not reported Material: DIESEL Qty Lost: Not reported Qty Recovered: Not reported Material: KEROSENE Qty Lost: Not reported Qty Recovered 3: Not reported Source: Leak -underground Type: Gasoline/diesel Location: Facility Setting: Not reported Risk Site: H Site Priority: 110A Priority Code: H Priority Update: 4/16/1998 Dem Contact: RFH Wells Affected: No Num Affected: 0 Wells Contam: Not reported Sampled By: Responsible Parties Samples Include: Soil Samples 7.5 Min Quad: Not reported 5 Min Quad: Not reported Latitude: 35.50944444 Longitude: -78.2475 Latitude Number: 353034 Longitude Number: 781451 Latitude Decimal: 35.5094444444444 Longitude Decimal: 78.2475 GPS: 7 Agency: DWM Facility ID: 6933 Last Modified: Not reported Incident Phase: RE NOV Issued: Not reported NORR Issued: Not reported 45 Day Report: Not reported Public Meeting Held: Not reported Corrective Action Planned: Not reported SOC Sighned: Not reported Reclassification Report: Not reported IRS Designation: Not reported Closure Request Date: Not reported Close-out Report: Not reported TC5934333.2s Page 11 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 SPACE ABOVE THIS LINE FOR RECORDER'S USE PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of , 2020 by and between Daniel F. and Paula S. Kornegay, ("Grantor") and Unique Places to Save. ("Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Johnston County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property") and being a portion of the properties conveyed to the Grantor by deed as recorded in Deed Book 4039 at Page 385 of the Johnston County Registry, North Carolina (PIN 262414-33-7734, ID 12008024); WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose is the conservation of the property and which is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the Property in its natural state, which includes the following natural communities: unnamed tributaries and open field ditches to the Neuse River which contribute to the overall water quality of the hydrologic system and provide enhanced wildlife habitat once the vegetated buffers are created. The purpose of this Conservation Easement is to maintain riparian resources and other natural values of approximately 16.5 acres, more or less, and being more particularly described on a survey in Exhibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or development of the Conservation Easement for any purpose or in any manner that would conflict with the 1 maintenance in its natural condition. WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings III, LLCs ("Wildlands") Moccasin Creek Mitigation Banking Instrument (DWR #2019-0239v2). The Conservation Easement Area will be restored to a natural vegetated condition as provided in and specified in the Moccasin Creek Mitigation Bank Parcel Development Package ("BPDP"). The Moccasin Creek Mitigation Bank is intended to be used to compensate for unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water Resources ("NCDWR") and to provide mitigation for nutrient offsets due to development (both existing and proposed) within restricted areas of the Neuse River Basin. Grantor and Grantee agree that third party rights of enforcement shall be held by the NCDWR and that these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking Instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Conservation Easement Area described on Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Conservation Easement Area inconsistent with the purpose of this Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Conservation Easement Area. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any introduction of non-native plants and/or animal species is prohibited, except in areas within the Conservation Easement Area where the District has maintenance rights as conveyed by the Site Viability Letter from the North Carolina Department of Environmental Quality dated November 22, 2019 (see Exhibit C). B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, 2 line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Conservation Easement Area. C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited in the Conservation Easement Area. D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Conservation Easement Area are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Conservation Easement Area, except in areas within the Conservation Easement Area where the District has maintenance rights as conveyed by the Site Viability Letter from the North Carolina Department of Environmental Quality dated November 22, 2019 (see Exhibit C). F. Roads and Trails. There shall be no construction of new roads, trails or walkways on the Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways. G. Signage. No signs shall be permitted on or over the Conservation Easement Area, except the posting of no trespassing signs, signs identifying the conservation values of the Conservation Easement Area, signs giving directions or proscribing rules and regulations for the use of the Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation Easement Area. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Conservation Easement Area is prohibited. I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Conservation Easement Area. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the Conservation Easement Area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access 3 for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as described in the BPDP or by the Drainage District in the identified travel way only as described in Article VI. M. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area which is or may become inconsistent with the purposes of this grant, the preservation of the Conservation Easement Area substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, successors and assigns, and the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the Conservation Easement Area, in accordance with the Moccasin Creek Bank Parcel Development Package approved in accordance with the Moccasin Creek Mitigation Banking Instrument. ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and NCDWR, shall have the right to enter the Property and Conservation Easement Area at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property and the Conservation Easement Area for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features of the Conservation Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to L! correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. NCDWR shall have the same right to enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes. ARTICLE VI MISCELLANEOUS A. Drainage District. The Property is located within the Moccasin Creek Drainage District ("Drainage District"), where active maintenance can be performed on Moccasin Creek and its unnamed tributaries, as authorized by the Drainage District. Per the Site Viability Letter from the North Carolina Department of Environmental Quality dated November 22, 2019, the Drainage District access to Moccasin Creek and its tributaries on the Property is limited to a fifteen (15) foot travel -way ("Maintenance Area"). The width and location of the Drainage District's travel -way on the Property was acknowledged by Mr. Richard D. Braswell, the Chairmen of the Moccasin Creek Service District in a letter dated February 12, 2020. Both letters are included in Exhibit C as well as a map of the "Maintenance Area". B. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. However, Grantor does warrant that rights of the Drainage District for access and maintenance of the Maintenance Area is not subordinate to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. C. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation 5 Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Conservation Easement Area. The Grantor agrees to provide written notice to the Grantee of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated without the prior written consent and approval of NCDWR. D. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. E. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect. F. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. G. Extinguishment. In the event that changed conditions render impossible the continued use of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. H. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. I. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Conservation Easement Area is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Conservation Easement Area (without deduction for G the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. J. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor• Daniel F. and Paula S. Kornegay Jr 610 Worley Road Princeton, NC 27569 To Grantee• Unique Places to Save PO Box 1183 Chapel Hill, NC 27514-1183 Attention: Conservation and Mitigation Specialist To NCDWR: NCDENR — Division of Water Resources 401 & Buffer Permitting Unit Attn: Nutrient Offset Banking Coordinator 1650 Mail Service Center Raleigh, NC 27699-1650 K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction. L. Amendment. This Conservation Easement may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes of this grant. M. Present Condition of the Conservation Easement Area. a. Bank Parcel Development Plan. The wetlands, scenic, resource, environmental, and other natural characteristics of the Conservation Easement Area, and its current use and state of improvement, are described in Section 2 of the Bank Parcel Development Package, dated September 2019, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of the Bank Parcel Development Package. It will be used by the 7 parties to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Conservation Easement Area if there is a controversy over its use. b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and the status of improvements and development shall be described in a Baseline Documentation Report (the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation project). Both the Grantee and the Grantor will have copies of this report, and a copy will be retained in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in the use of the Conservation Easement Area will be consistent with the terms of this Conservation Easement. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. GRANTOR: By: (SEAL) Daniel F. Kornegay Jr. Date: By: (SEAL) Paula S. Kornegay Date: NORTH CAROLI NA COUNTY OF I, a Notary Public in and for the County and State aforesaid, do hereby certify that Daniel F. Kornegay Jr and Paula S. Kornegay, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 2020. Notary Public My commission expires: IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above written. GRANTEE: UNIQUE PLACES TO SAVE Bv: Jeffrey Fisher, Board Chair Date: NORTH CAROLI NA COUNTY OF (SEAL) I, a Notary Public in and for the County and State aforesaid, do hereby certify that Jeffrey Fisher, Grantee, personally appeared before me this day and acknowledged that he is Board Chair of Unique Places to Save, a non-profit corporation, and that he, as Board Chair, being authorized to do so, executed the foregoing on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of .20 . Notary Public My commission expires: 10 EXHIBIT A Ij 11 EXHIBIT B A Conservation Easement for Wildlands Engineering, Inc, "Moccasin Creek Riparian Buffer and Nutrient Offset Mitigation Bank" Property of Daniel and Paula Kornegay Jr. 12 EXHIBIT C Site Viability Letter from NCDWR and Letter from Moccasin Creek Drainage District and map of Maintenance Area. 13 dodoop signature verification: -h iI i I V, ON rz Unique Places To Save June 12, 2020 Andrea Eckardt Wildlands Engineering, Inc. 1430 Mint St., Suite 104 Charlotte, NC 28203 Dear Ms. Eckardt, This letter confirms that Unique Places to Save ("UP2S"), a 501(c)3 not -far -profit organization located in the State of North Carolina, has preliminarily agreed to act as the conservation easement grantee and long-term steward for the Moccasin Creek Mitigation Project ("Site") located in Johnston County, North Carolina. The Site consists of an approximate 1 b.5-acre conservation easement area. As the conservation easement grantee and long-term steward, UP2S has agreed to and shall be responsible for periodic inspection of the Site to ensure that restrictions required in the conservation easement are enforced and maintained into perpetuity. Specific responsibilities include: • Monitoring of the Site is conducted on an annual basis. • Visits to the Site are coordinated with landowners when possible. • Annual monitoring reports are sent to the landowners when possible. • Signage and fencing (if applicable) for the easement boundary is maintained. • Violations and potential violations of the conservation easement deed are addressed following protocols contained in the UP2S Conservation Easement Violations Policy. UP2S shall receive a stewardship endowment and administrative fee from Wildlands Engineering, Inc ("Wildlands"), the Site sponsor, to ensure annual Site inspeiti�� �� �r s omh and the terms of the conservation easement are legally defended into perpetuity. ` daHlMpp 09:11 AMko�ef r4&4?w EDT V9 0 VLES6-L02C-MLSR Jeff Fisher, Board Chair Unique Places to Save R*resen# tive Signature Wildlands ngineering, Inc. J Printed Name G iL 1u D to PO Box 1183 • Chapel Hill, NC 27514 . 919-428-2040 info@unigueplacestosave.org