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HomeMy WebLinkAbout20210023 Ver 3_BPDP for PN_20211028ID#* 20210023 Select Reviewer: Katie Merritt Initial Review Completed Date 10/28/2021 Mitigation Project Submittal - 10/28/2021 Version* 3 Is this a Prospectus, Technical Proposal or a New Site?* Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Andrea Eckardt Project Information ID#:* 20210023 Existing ID# Project Type: DMS • Mitigation Bank Project Name: Anderson Farms II Bank Parcel County: Wayne Document Information O Yes O No Email Address:* aeckardt@wildlandseng.com Version:* 3 Existing Version Mitigation Document Type:* Mitigation Plans File Upload: Anderson Farm BPDP Final 10.28.2021.pdf 11.97MB Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Andrea Eckardt Signature: * ktr4 WILDLANDS E N G I N E E R I N G October 28, 2021 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 Anderson Farm II Mitigation Bank Parcel (DWR # 2021-00230) Wayne County, NC Dear Ms. Merritt: Wildlands Engineering, Inc. (Wildlands) has reviewed the Division of Water Resources (DWR) comments dated October 15, 2021 for the Draft Bank Parcel Development Plan (BPDP) for the Anderson Farms Mitigation Bank Parcel. The DWR comments are listed below in bold, while Wildlands responses are noted in italics lettering. 1. Cover Page — this project is 2021-02-6 Version 3. Add correction. The correction has been mode. 2. Table of Contents a. Appendix -Change reference to "Project Credit Table" which will be consistent with the UMBI terms. The correction has been mode. b. There are many Appendices. It is preferred that these appendices be labeled (A, B, C, etc) so as to make it easy for the reviewer to find them as they are referenced in the document. Once a label has been added for the appendices, please update all your references in the document from saying "Attachments" or "Appendices" to the individual label you assign to it. The appendices hove been labeled and appropriate corrections mode. 3. Section 1.0 - Replace 0240 with the new rule 15A NCAC 02B .0703 which became effective April 1, 2020. The correction has been mode. 4. Section 1.1 - Change mitigation to restoration The correction has been mode. 5. Section 2.1 a. Change "buffer and nutrient offset mitigation" to "buffer mitigation and nutrient offset" The correction has been mode b. Table 1— Change 'waters of the' to 'streams that drain to the" The correction has been mode c. Change 'buffers' to 'areas' The correction has been mode 6. Section 2.2 Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 %0 WILDLANDS E N G I N E E R I N G a. Change "buffer and nutrient offset mitigation" to "buffer mitigation and nutrient offset" b. The correction has been mode c. Table 2 - Add "not in the Falls Lake Watershed" The correction has been mode 7. Section 4.1 - DWR recommends Wildlands commit to performing soil testing to determine how best to prepare the soil for planting and success. Additionally, with this site being used for ag for such a long period of time, it is always recommended that the Sponsor implement disking or ripping to break up compact soils. Why has Wildlands not suggested these activities for parcel preparation? Due to scheduling with the landowner, planting, and weather; disking is not always feasible. Wildlonds will perform soil samples in spring of 2022 to determine appropriate parcel preparation. Text regarding soil testing has been added in section 4.1. 8. Section 4.2 a. Commit to ensuring that stem species will be well mixed before planting to ensure diversity of bare roots across the planted area. Wildlonds commits to ensuring planted stems will be well mixed prior to planting to ensure diversity of bore roots. Text has been added to section 4.2 detailing this. b. It is also highly recommended that Wildlands agree to include pollinator species in their seed. DWR understands this is not a requirement, and that Wildlands does not have to do this. Therefore, adding it into your plan is only a suggestion and completely voluntary. Regionally appropriate pollinator species will be included when seeding areas without existing herbaceous cover. c. What is the anticipated spacing of stems? Stems will be spaced of 7'x12' when planted. Text has been added to section 4.2 regarding spacing and subsequent density expected upon planting. d. Add the following: "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" Indicate the type of seed mix Wildlands will use to meet herbaceous cover. Text has been added to section 4.2. The sentence was slightly altered to include the type of seed mix - o regionally appropriate combination of worm season grosses and wildflowers. 9. Section 5.0 — Wildlands should take measures to ensure that plots are diverse (have 4 species represented as much as possible) and where a species does not represent more than 50% of the plot. All plots need to be representative of the planted diversity and density surrounding the plot and will be evaluated by DWR during the onsite AsBuilt Walkthru to ensure these criteria are met. All DWR comments provided on planting plan & monitoring are being provided under the following Rule reference 15A NCAC 02B .0295 (n)(2-4). Wildlonds will continue to take measures to ensure that plots ore diverse os specified and that no one species will represent more than 50% of the plot. 10. Section 5.1 a. There are no areas proposed for Enhancement, remove the references to these areas The correction has been mode b. Change 'buffer' to'riparian' Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 ktr4 WILDLANDS E N G I N E E R I N G The correction has been made 11. Section 6.2 — add language consistent with the UMBI language that the long term steward will be chosen prior to the year 4 monitoring period. Language has been added that is consistent with the UMBI language regarding the long-term steward being chosen prior to Monitoring Year 4. 12. Section 7.0 a. we are trying to move away from using "Mitigation" in this section if the site is also a nutrient offset site. This is a new change. Okay. The related change from "Mitigation Potential" to 'Project Credit Potential" has been made. b. The third sentence is misleading and implies that buffer and nutrient offset calcs were derived from an entity other than DWR. Please explain why this sentence is necessary. It may be more appropriate to cite the 0295 rule and the NCDWR — Methodology and Calculations for Nutrient Reductions on the Bank Parcel The suggested text has been added to section 7.0. c. One ledger will account for Riparian Buffer Credits and one ledger will account for Nitrogen Nutrient Offset Credits. The sentence at the end of section 7.0 has been altered to specify that one ledger will be for Riparian Buffer Credits, and another will be for Nitrogen Offset Credits. d. Insert the following: In accordance with the MBI, any credit conversions must be calculated using the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR. The previous statement has been added to the text at the end of Section 7.0. 13. Table 8 a. Change "Yes" to "No" in the Convertible to Riparian Buffer? Column The correction has been made b. Add "ft.'" to the Total Area column c. This correction has been made 14. Table 9 — Replace with the version online: https:Hfiles.nc.gov/ncdeq/Credit-Calcuation-Tool- v3-2020-08-03.xlsx This correction has been made 15. Table 10 a. Replace "mitigation" with " riparian buffer and nutrient" This correction has been made b. Refer to Table 10 as "the approved MBI" This correction has been made c. Remove Table 10 and reference the MBI for Credit Release Schedule instead This correction has been made 16. Figure 2 a. Edit legend to state "Service Area for Riparian Buffer Credits and Nutrient Offset Credits" This correction has been made b. Change Figure Title to "Credit Service Area Map" This correction has been made 17. Figure 4 — Include the individual watershed acreage on legend This correction has been made Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 ko WILDLANDS E N G I N E E R I N G 18. Figure 7 — Change Buffer Restoration to "Riparian Restoration for Buffer Credits" and Nutrient Offset to "Riparian Restoration for Nutrient Offset Credits" This correction has been mode 19. Figure 9 a. Change Buffer Restoration to "Riparian Restoration for Buffer Credits" and Nutrient Offset to "Riparian Restoration for Nutrient Offset Credits" This correction has been mode b. Ensure the outer edge of the conservation easement boundary is represented by a plot or two This correction has been mode c. Move one of the plots along Ditch A to be closer to the top of the bank than currently proposed — within 0-50' is acceptable This correction has been mode 20. Appendix A - These are good photos of the riparian areas adjacent to features onsite. However, these photos were taken before the 2021 site visit by DWR. More recent photos showing conditions of the site prior to submittal of BPDP should be used for the BPDP documents. What changes to the landuse have occurred since the site visit? Any crop removal? additional crops planted? etc. The changes hove been mode. The final BPDP has been uploaded to the Laserfiche system. Please contact me at 704-560-2997 if you have any questions or concerns. Sincerely, —(�, Andrea S. Eckardt Ecological Assessment Team Leader aecl<ardtl@wildlandsenR.com Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 1430 S. Mint Street, # 104 • Charlotte, NC 28203 19" BANK PARCEL ANDERSON FARM II MITIGATION BANK PARCEL Wayne County, NC DEVELOPMENT DWR Project Number 2021-00230 PACKAGE Neuse River Basin HUC 03020201 October 2021 PREPARED BY: WILDLANDS ENGINFE?INO Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, INC 28203 Phone: (704) 332-7754 Fax: (704) 332-3306 Bank Parcel Development Package Anderson Farm II Mitigation Bank Parcel Neuse River Basin TABLE OF CONTENTS 1.0 Project Introduction.......................................................................................................................... 1 1.1 Parcel Description......................................................................................................................... 1 2.0 Mitigation Project Summary............................................................................................................. 1 2.1 Project Goals.................................................................................................................................1 2.2 Existing Parcel Conditions.............................................................................................................2 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation .............................................. 3 2.5 Watershed Characterization.........................................................................................................3 2.6 Soils...............................................................................................................................................4 2.7 Existing Vegetative Communities.................................................................................................4 2.8 Threatened and Endangered Species........................................................................................... 5 2.9 Cultural Resources........................................................................................................................ 5 2.10 FEMA Floodplain Compliance....................................................................................................... 5 2.11 Parcel Location, Parcel Constraints, and Access........................................................................... 5 2.12 Other Environmental Conditions..................................................................................................5 3.0 Site Protection Instrument................................................................................................................ 5 4.0 Mitigation Work Plan........................................................................................................................ 6 4.1 Parcel Preparation........................................................................................................................ 6 4.2 Riparian Area Restoration Activities............................................................................................. 6 5.0 Monitoring and Maintenance Plan...................................................................................................7 5.1 Monitoring Protocol...................................................................................................................... 7 5.2 Parcel Maintenance...................................................................................................................... 8 5.3 Easement Boundaries................................................................................................................... 8 6.0 Financial Assurance and Long -Term Management........................................................................... 8 6.1 Financial Assurances..................................................................................................................... 8 6.2 Long-term Management...............................................................................................................9 7.0 Project Credit Potential..................................................................................................................... 9 8.0 References......................................................................................................................................11 Anderson Farm II Mitigation Bank Parcel BPDP kv HUC 03020201 Page i October 2021 FIGURES Figure 1 Vicinity Map Figure 2 Credit Service Area Map Figure 3 Site Map Figure 4 USGS Topographic Map Figure 5 Watershed Map Figure 6 NRCS 1976 Soil Survey Map Figure 7 Buffer Credits Map Figure 8 Riparian Buffer Zones Map Figure 9 Monitoring Components 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 Project Credit Table Table 9 Total Area of Buffer and Nutrient Offset Mitigation APPENDICES Appendix A Site Photographs— October 21, 2021 Appendix B Historical Aerials Appendix C On Site Determination of Applicability to Neuse Riparian Buffer Rules — April 29, 2021 Site Viability for Buffer Mitigation and Nutrient Offset Letter— May 19, 2021 Appendix D USFWS Self -Certification Letter and Correspondence SHPO Request for Review and Response EDR Radius Map Report, Executive Summary WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page ii October 2021 Bank Parcel Development Package Anderson Farm II Mitigation Bank Parcel Neuse River Basin Wildlands Holdings III 1.0 Project Introduction The Anderson Farm II Mitigation Bank Parcel ("Parcel") is proposed under the terms and conditions of the Anderson Farm Nutrient Offset and 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 ("NCDEQ') Division of Water Resources ("NCDWR"). The Parcel shall be planned and designed according to the MBI, 15A NCAC 0213.0703, and the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 which became effective November 1, 2015. The development of the Parcel is in conjunction with the NC Division of Mitigation Services (NCDMS) Anderson Farm Mitigation Site (DWR Project No. 2019-0645). The project is in Wayne County approximately six miles northwest of the Town of Mt. Olive (Figure 1). Directions are included on Figure 1. The NCDMS project includes a conservation easement that extends 100 feet from the top of bank of the project features (UT1, UT2 and UT3). The Parcel's conservation easement area extends beyond the DIMS easement, for a maximum of 200 feet from the top of bank of the project features (UT1, UT2, UT3, and Ditch A). The primary purpose of the project is to provide riparian buffer mitigation credits and nutrient offset credits to compensate for unavoidable impacts in the Neuse River Basin 03020201 Hydrologic Unit Code ("HUC") outside the Falls Lake Watershed (Figure 2). The Parcel is located within the Neuse River Basin HUC 03020201170040 and NCDWR Subbasin 03- 04-12 in Wayne County. 1.1 Parcel Description Project features are located on the headwaters of Thoroughfare Swamp which flows into Falling Creek, which subsequently flows into the Neuse River. Thoroughfare Swamp is classified as Nutrient Sensitive Waters ("NSW") by NCDWR. The proposed project supports specific goals identified in the 2018 Neuse River Basin Restoration Priorities Plan (RBRP) by promoting "nutrient and sediment reduction in agricultural areas by restoring and preserving wetlands, streams and riparian buffers". This riparian restoration project will reduce sediment and nutrient loading, provide and improve terrestrial and instream habitats, and improve stream and bank stability. The area surrounding the streams proposed for mitigation is predominantly open agricultural fields typically planted in soybeans and corn. See Appendix A for October 2021 site photos. Restoring the riparian area from up to 200 feet from the streams and ditch will reduce nutrient and sediment inputs in the tributaries to Thoroughfare Swamp, and subsequently Falling Creek and the Neuse River. The restored floodplain areas will filter sediment during high rainfall events and provide cover and food for wildlife throughout the Parcel. 2.0 Mitigation Project Summary 2.1 Project Goals The major goals of the proposed buffer mitigation 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 WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 1 October 2021 functional riparian corridor. Specific enhancements to water quality and ecological processes are outlined below in Table 1. Table 1: Ecological and Water Quality Goals Goals Objectives Decrease nutrient levels. Reduce nutrient inputs to streams that drain to the Neuse River. Decrease sediment input. Reduce sediment inputs to streams that drain to the Neuse River. Decrease water temperature Improve water quality for of the Neuse River through a reduction of thermal and increase dissolved pollution. oxygen concentrations. Create appropriate Convert agricultural fields to forested riparian areas along all Site streams and terrestrial habitat. ditches. Attenuation of peak flows in Reforestation of the riparian areas to reduce peak hydrology from watersheds project streams with high agricultural usage. Create diffuse -flow discharge through the reforested Reduce erosion and filter nutrients into streams that drain to the Neuse River riparian area. through diffuse flow. Permanently protect the A conservation easement will be recorded on the Parcel, including project Parcel from harmful headwater streams. uses. 2.2 Existing Parcel Conditions The proposed buffer mitigation and nutrient offset project includes approximately 15.95 acres of open row crop fields along three unnamed tributaries (UT1, UT2 and UT3) and one ditch (Ditch A). The fields are typically planted with either corn, wheat, or soybeans adjacent to project streams and ditches. The Parcel will be adjacent to the NCDMS Anderson Farm Mitigation Site; extending from the NCDMS easement to 200 feet. (Figure 3). UT1 starts at Bowden Road and flows northeast through the Site through agricultural fields currently consisting of corn. At the confluence of UT3, the right side of UT1 emerges from agricultural fields and flows behind a house. UT2 flows northwest to the confluence of UT1. UT2 is entirely in agricultural fields. Ditch A flows south along the eastern edge of the Site until its confluence with UT3, which then flows west across the Site, with agricultural fields on the left bank and residential lots on the right. In general, this area has maintained its rural, farming character over the last 60 years with only minor changes in land cover (see historical aerials in Appendix B). This consistency in land use within the project watershed indicates that watershed processes affecting hydrology, sediment supply, and nutrient and pollutant delivery have not varied widely over this time period. With a lack of developmental pressure, watershed processes and stressors from outside the project limits are likely to remain consistent throughout the implementation, monitoring, and closeout of this project. WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 2 October 2021 Table 2: Buffer Project Attributes Project Name Anderson Farm II Mitigation Bank Parcel Hydrologic Unit Code 03020201170040 River Basin Neuse — Not in the Falls Lake Watershed (Figure 2) Geographic Location (Lat, Long) 35.251662,-78.103729 Site Protection Instrument (DB, PG) To be recorded Total Credits 42,798.000 ftz buffer mitigation credits; 30,745.765 lbs. N Types of Credits Riparian Buffer and Nutrient Offset BPDP Date October 2021 Initial Planting Date December 2022 Baseline Report Date February 2023 MY1 Report Date December 2024 MY2 Report Date December 2025 MY3 Report Date December 2026 MY4 Report Date December 2027 MY5 Report Date December 2028 2.3 Site Viability for Buffer Mitigation and Nutrient Offset Mitigation On February 4t", NCDWR assessed the stream origin and issued the official Stream Origin Determination Letter. NCDWR also performed an onsite visit of the project area to determine viability for buffer mitigation and nutrient offset mitigation on April 15, 2021 and issued a site viability letter on May 19, 2021. Three of the four features assessed were deemed suitable for riparian buffer credit pursuant to 15A NCAC 02B .0295 by NCDWR. There have been no changes to land use in the project area since NCDWR's 2021 site visit. 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 Appendix C and summarized in Table 3. Table 3: Project Features Feature Name (BPDP) Classification Buffer Credit Viable Nutrient Offset Viable UT1 Stream Yes Yes UT2 Stream Yes Yes UT3 Stream Yes Yes Ditch A Ditch No Yes The following sections describe the existing riparian conditions on the Parcel in terms of watershed, soils, geology, cultural resources, species of concern, regulated floodplain zones, and site constraints. 2.5 Watershed Characterization The Parcel is located within the HUC 03020201170040. All onsite features drain to UT1, which flows to Thoroughfare Swamp, Falling Creek, and then eventually into the Neuse River. Thoroughfare Swamp 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. WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 3 October 2021 The topography of the Parcel, as indicated on the Southwest Goldsboro, NC USGS 7.5-minute topographic quadrangle, shows gently sloped areas throughout the Site (Figure 4). Drainage areas for the project reaches (Figure 5) were delineated using 2-foot contour intervals derived from the North Carolina Floodplain Mapping Program's 2017 Light Detection and Ranging (LiDAR) data. Land uses draining to the project reaches are mixture of agricultural and forest with some residential use. The watershed areas and current land use are summarized in Table 4, below. Table 4: Drainage Areas and Associated Land Use Mitigation Area Watershed Area Reach Name Land Use (acres) (acres) UT1 4.4 185 80%agriculture, 16%forested, UT2 2.8 48 4% developed UT3 3.3 53 2.6 Soils The proposed Parcel is mapped by the Wayne County Soil Survey. Project area described below in Table 5. UT1, UT2, and UT3 are all depicted as streams on the 1974 NRCS Soil Survey provided in Figure 6. Table 5: Project Soil Types and Descriptions Soil Name Description Go —Goldsboro loamy Goldsboro loamy sand consists of a moderately well drained soil on broad, smooth o sand, 0-2/ slopes divides. Permeability is moderate and surface runoff is slow. Seasonal high water table is around two and a half feet. NoA— Norfolk Loamy Sand, 0-2% slopes Norfolk loamy sand consists of well -drained soil on smooth, broad divides. Permeability is moderate and surface runoff is slow. Seasonal high-water table remains below a NoB — Norfolk Loamy depth of five feet. Sand, 2-6% slopes Ra — Rains Sandy Loam, Rains sandy loam consists of poorly drained soil in oval depressions and on smooth flats 0-2% in broad areas between streams. Permeability is moderate, and surface runoff is slow. slopes Water ponds in some places. Seasonal high water table is at the surface. Ly - Lynchburg Sandy Lynchburg sandy loam consists of poorly drained soil on broad, smooth flats of Loam interstream divides. Permeability is moderate and surface runoff is slow. Seasonal high water table is around one and a half feet. Source: Wayne County Soil Survey, June 1974, USDA-NRCS, https://www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north—carolina/wayneNC1974/map36.pdf https://www.nres.usda.gov/Internet/FSE MANUSCRIPTS/north—carolina/wayneNC1974/text.pdf 2.7 Existing Vegetative Communities There are few existing trees on Site, with UT1, UT2, and Ditch A flowing through agricultural fields, while UT3 A flows in between agricultural fields and houses. Existing vegetation consists of American sycamore (Platanus occidentalis), black willow (Salix nigra), and sweetgum (Liquidam bar styraciflua), eastern red cedar (Juniperus virginiana), black walnut (Juglans nigra), tulip -poplar (Liriodendron tulipifera), red maple (Acer rubrum), blackberry (Rubus occidentalis), green brier (Smilax rotundifolia), and Japanese honeysuckle (Lonicera japonica). WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 4 October 2021 2.8 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) Information for Planning and Consultation database (IPaC) were searched for federally listed threatened and endangered plant and animal species in Wayne County, NC. The Wayne County listed endangered species includes the Neuse River waterdog (Necturus lewisi), the Carolina madtom (Noturus furiosus), and the Red -cockaded woodpecker (Picoides borealis). No Critical Habitat Designations are listed by the USFWS for the Neuse River waterdog, Carolina madtom, or the Red -cockaded woodpecker. Wildlands performed a pedestrian survey of the project parcel on December 22, 2020. It was determined that there is no suitable habitat for any of the listed species; therefore, the project will have "no effect" on the federally listed species. A self -certification letter was submitted through the USFWS Information for Planning and Consultation database (IPaC) requesting comment from USFWS dated January 4, 2021. No response from the USFWS was received within the 45-day response period. Both letters are included in Appendix D. 2.9 Cultural Resources There are no existing structures in the project area. The Parcel is not located near any sites listed on the National Register with the State Historic Preservation Office (SHPO). SHPO was contacted with request for review and comment on January 14, 2021. SHPO responded on February 16, 2021 indicating they "were aware of no historic resources that would be affected by the project". The SHPO response and request are included in Appendix D. 2.10 FEMA Floodplain Compliance No grading activities are proposed in the floodplain, so a floodplain development permit will not be required. No hydraulic modeling is proposed for this project. 2.11 Parcel Location, Parcel Constraints, and Access The Parcel is accessible off Bowden Road and O'Berry Road. There are no internal easement breaks within the project area. There is one existing culvert along Ditch A that will be removed as part of the NCDMS project (Figure 3). There are no other known constraints on the proposed Parcel. 2.12 Other Environmental Conditions An EDR Radius Map Report with Geocheck was ordered for the Parcel through Environmental Data Resources, Inc. on September 3, 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 were no known or potentially hazardous waste sites identified within or immediately adjacent to the project area. The Executive Summary of the EDR report is included in Appendix D. 3.0 Site Protection Instrument The Anderson Farm II Mitigation Bank Parcel extends beyond the NCDMS easement boundary to 200' from top of bank, with no overlapping easements. Mitigation activities on the Parcel, described in Sections 4.1 and 4.2, will be performed concurrently with the NCDMS Anderson Farm Mitigation Site, including recording of conservation easements, culvert removal, and planting. There will be no breaks in planting between the two projects. 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 an approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved NCDWR conservation easement. WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 5 October 2021 Table 6: Site Protection Instrument Site Deed Book Acreage Landowner PIN County Protection and Page to be Instrument Number Protected Conservation To Be Jackson Farming Company LLC 2564775727 Wayne 15.95 Easement Recorded 4.0 Mitigation Work Plan The project will restore agriculturally impacted land along UT1, UT2, UT3, and Ditch A on the Parcel to a protected riparian corridor, improving the ecological function of the area. The project design will ensure that no adverse impacts to 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 both the Parcel and DMS Anderson Farm Mitigation Site has been maintained and cleared for row crop cultivation. 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. Soil samples will also be collected and analyzed prior to planting to determine if soil preparation is necessary to support herbaceous and planted stem success. Additionally, during the spring of 2022, the condition of herbaceous cover prior to the establishment of row crops will be visually assessed across the Parcel. If herbaceous vegetation does not appear to grow naturally, Wildlands will note the areas of deficiency and seed them the following spring of 2023. 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 at least 8 species listed in Table 7 below. Table 7: Selected Tree Species Species Common Name Density Forest Strata Diospyros virginiana Common Persimmon 10% Canopy Platanus occidentalis Sycamore 15% Canopy Betula nigra River Birch 15% Canopy Quercus pagoda Cherrybark Oak 10% Canopy Populus deltoides Eastern Cottonwood 10% Canopy Quercus michauxii Swamp Chestnut Oak 10% Canopy Celtis laevigata Sugarberry 5% Can WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 6 October 2021 Species Common Name Density Forest Strata Ulmus americana American Elm 5% Canopy Prunus serotina Black Cherry 5% Canopy Magnolia virginiana Sweetbay 5% Sub -canopy Acernegundo Boxelder 10% Can Trees will be spaced at 7 feet by 12 feet during planting, which is equivalent to a stem density of 521 stems per acre and is 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. At least 8 of the 11 species listed in Table 7 will be planted, and stems will be well mixed prior to planting to ensure diversity of bare root species across the Parcel. Due to the nature of random mixing, some stems of the same species might be planted together in some areas. No one tree species will be greater than 50% of the established stems. A regionally appropriate seed mix of warm season grasses and wildflowers 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 planting area includes both the areas identified as Riparian Restoration for Riparian Buffer Credits and Nutrient Offset Credits on Figure 7. Planting is scheduled for December 2022. 4.3 NCDWR As -Built Evaluation Within 30 calendar days after completing the establishment of the buffer mitigation and nutrient offset areas, the Sponsor will submit written notification to NCDWR documenting that all buffer mitigation and nutrient offset activities have been completed. Failure to submit written notification within 30 days may result in a modified credit release schedule or a delay in the issuance of credit releases. 5.0 Monitoring and Maintenance Plan 5.1 Monitoring Protocol Permanent vegetation monitoring plots will be installed and evaluated within the riparian buffer restoration areas to measure the survival of the planted trees. The plots will be randomly placed throughout the planted riparian areas. A total of 12 plots will be established within the riparian restoration areas and will be randomly placed such that the plots are representative of the buffer mitigation and nutrient offset credit 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. Overview photos will be taken each monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape and recorded. 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 WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 7 October 2021 50% of the established planted stems, and an established density of at least 260 planted trees per acre at the end of the fifth year of monitoring. Appropriate and desirable native volunteer species may be included in the Parcel's density to meet the performance standards with written NCDWR approval. The Sponsor shall submit the annual monitoring report to NCDWR by December 315Y of each year for five consecutive years and will follow the terms and conditions of the MBI. 5.2 Parcel Maintenance If the Parcel or a specific component of the Parcel fails to achieve the success criteria outlined in Section 5.1, adaptive measures will be developed and/or appropriate remedial actions will be implemented. Maintenance will be performed to correct any identified problems on the Parcel that have a high likelihood of affecting project success. Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree mortality. Any actions implemented will be designed to achieve the success criteria and will include a work schedule and updated monitoring criteria. 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 annually as part of monitoring activities. Easement boundary conditions as well as any maintenance performed will be reported in the annual monitoring reports to NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive approval from NCDWR prior to conducting any mowing activities within Zone 1 and Zone 2 of the Neuse buffers to ensure that no buffer violations have occurred. 5.3 Easement Boundaries Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by marker, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement prior to the NCDWR onsite As -Built evaluation. Boundary markers that have been disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. Contact information for the conservation easement holder will be included on easement markers. 6.0 Financial Assurance and Long -Term Management 6.1 Financial Assurances Following approval of the Anderson Farm Bank Parcel Development Package, the Sponsor shall provide a Performance Bond from a surety that is rated no less than an "A-" as rated by A.M. Best. The Performance Bond amount shall be 100% of the estimated cost for implementation of the project as described in the Bank Parcel Development Package (BPDP), but not less than $150,000.00. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. In that case no performance bond will be necessary. After completion of the restoration/construction, a separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring period for a term of one year and be extended annually for a minimum of five years. Upon NCDWR approval, this may be lowered each year based on the adjusted cost to complete the monitoring. WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 8 October 2021 Performance bonds for monitoring shall be renewed at least annually to cover the next years monitoring period, with confirmation of renewal provided to NCDWR with each annual monitoring report when applicable. NCDWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6.2 Long-term Management The Parcel will remain in private ownership, protected in its entirety by an approved NCDWR long term stewardship, and will be managed under the terms detailed in an approved NCDWR conservation easement. The long-term manager will be chosen prior to the submittal of the Year 4 Monitoring report and will be responsible for periodic inspection of the Parcel to ensure that the restrictions documented in the recorded easement are upheld in perpetuity. No remaining credits will be released for Monitoring Year 4 until the conservation easement has been assigned to an approved land trust or stewardship. 7.0 Project Credit Potential Of the 15.95 acres protected under the conservation easement, the mitigation activity for 14.35 acres is riparian restoration. Of that 14.35 acres of restoration, 0.92 acres is proposed for buffer mitigation credit and 13.43 acres is proposed for nutrient offset credit. The project credit calculations were derived based on Wildlands' conceptual design for maximum ecological uplift. The management objectives, mitigation type, and proposed amount of buffer mitigation are presented in Tables 8 and 9, below. The riparian restoration areas are viable for either riparian buffer credits or nutrient offset credits. The buffer restoration areas are viable for either riparian buffer credits or nutrient offset credits and can be converted upon receiving written approval by NCDWR if within the first 100 feet from top of bank for the areas on UT1, UT2, and UT3. These credits can be converted to Nutrient Offset Credits only upon receiving written approval by NCDWR. Wildlands is seeking Nutrient Offset Credits in riparian restoration areas from 101-200 feet from top of bank along streams and from top of bank to 200 feet along ditches. Riparian restoration areas dedicated to Nutrient Offset Credits on this parcel beyond 100 feet will not be convertible to Riparian Buffer Credits per the UMBI. There will be two credit ledgers for the project: A Buffer Restoration Credit Ledger and A Nitrogen Nutrient Offset Credit Ledger. In accordance with the MBI, any credit conversions must be calculated using the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits and Nutrient Offset Credits letter issued by the DWR. WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 9 October2021 0 z oq ! z \ \ { J �§ [ } c 0) f = k k = \ \ \ 10 , � cri | f\§/£ \ \\j i § §- ,o Z, z § }!| f f z z z ) \ � z � ! - - - - - �E ƒ7)})})}) \ 3 :)o=o=o=o » `§� § \ § E ( § ® § 2 L:Z (0 .0caDo #.06R2a$ |r,Z0. #\a}@= } 0 § m 2 # § )E MINI 8.0 References North Carolina Ecosystem Enhancement Program (NCEEP), 2010. 2010 Neuse River Basin Restoration Priorities Plan (RBRP). https://fi les.nc.gov/ncdeq/Mitigation%20Services/Watershed_Planning/Neuse_River_Basin/FINAL %20RBRP%2ONeuse%202010—%2020111207%2000RRECTED.pdf North Carolina Geological Survey (NCGS), 2009. Mineral Resources. http://www.geology.enr.state.nc.us/Mineral%20resources/mineralresources.html North Carolina Natural Heritage Program (NHP), 2019. Natural Heritage Element Occurrence Database, Wayne County, NC. https://www.ncnhde.natureserve.org United States Department of Agriculture (USDA), 2006. Natural Resources Conservation Service, Soil Survey Geographic (SSURGO) database for Wayne County, North Carolina. https://websoilsurvey.sc.egov.usda.gov/ United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Wayne County, NC. https://ecos.fws.gov/ipac/ WAnderson Farm II Mitigation Bank Parcel BPDP HUC 03020201 Page 11 October 2021 FIGURES l a o•6orgy R SIC VA%hway 55 w . - rr ryY t 17l 1— 2 Mt Olive ? IY _ Directions: From the City of Raleigh, travel east on I-40 for approximately 42 miles. Take exit 341 for NC-50/NC-55 towards US13/Newton Grove. Turn left onto NC-50 S/NC55 E. At the traffic circle, take the 3rd exit onto NC-50 S/NC-55/ Mt Olive Dr. In approximately 9 miles, turn left onto Odom Mill Rd, then turn right onto Crows Foot Rd in one mile. In 2.7 miles, turn right onto Dudley Rd/O'Berry Rd. After 3.5 miles, turn right onto Bowden Rd. The Parcel will be located on the left. Project Location NCDMS Conservation Easement Bank Parcel Conservation Easement Anderson Farm Parcel Location Jj i r Brogden d dley f 1 Sra* v r`y. Jr, Figure 1. Vicinity Map W I L D L A N D S 0 1 2 Miles Anderson Farm II Mitigation Bank Parcel kt� E N G I N E E R I N G I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC 1 I y�ille 1 Roxboro 1 t' 1 � County Boundaries HUC03020201 1 I Riparian Buffer Credits and Nutrient Offset Credits Service Area ! * Anderson Farm Parcel Location ——..—.....—..—..—..—....._ .—..—..—.._ ' 311 tr1^I Cr ecchn cn �• Louisburg f eba Hillsborough i ! �• 1 urharn •7 / - ' Fes• � I I ... I I ." 0 Ch�pe: Hill ��`-J C •;a ••s..�..—..—.�.. �..—..may �.. J `�-% 9- �4w•*", Cary ROM Knightdaie Wendel'.�� j 3 i'.a�.� - apex03020 01 � �l yr Springs I Clayton ¢ - Ange,• :21n Sm[I d . x-San f,I I � I, .■ (<<Fou Oaks 1 � Coats % 1 W[lingtm $uies Creek •� B on Erwin 1 �•� Dive .�.. Waikertcwn .• .1 ,�' w J �• � lg LakeFgg �� �f»s•. Q Figure 2. Credit Service Area Map W I L D L A N D 5 0 5 10 Miles Anderson Farm II Mitigation Bank Parcel E N G I N E E R I N G 1 1 I I I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC r to 0 0 m � 0 WILDLANDS ENGINEERING Project Location Project Stream NCDMS Conservation Easement Project Ditch I— Bank Parcel Conservation Easement Non -Project Stream 1 r-: fJq 1 1 1 1 1 1 1 1 1 _._J Lq_ Figure 3. Site Map 0 125 250 Feet Anderson Farm II Mitigation Bank Parcel I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC 0 WILDLANDS ENGINEERING Figure 4. Watershed Map 300 600 Feet Anderson Farm II Mitigation Bank Parcel I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC ?`y►�`b�i :;:. �•, - NCDMS Conservation Easement r•"�� �. f..l�i�`O,�,F `~7i K Bank Parcel Conservation Easement sd. 11 y..:�!1 :. !1 I Noa Ke )B NoA G . •I 1974 NRCS Soil Survey of Wayne County - Sheet 36 ' WILDLANDS ENGINEERING Noel M Figure 6. 1974 NRCS Soil Survey Map 0 200 400 Feet Anderson Farm II Mitigation Bank Parcel I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC r P K 3 m WILDLANDS ENGINEERING Project Location Riparian Restoration for Buffer Credits NCDMS Conservation Easement Riparian Restoration for Nutrient Offset Credits —'— Bank Parcel Conservation Easement - Not for Credit Project Stream Non -Project Stream = Project Ditch O 1 1 1 I 1 1 l I 1 I I I I I I I 0 125 250 Feet I I I I 1 I 1 1 1 20o, 1 1 I 1 I I 1 1 •. i Figure 7. Buffer Credits Map Anderson Farm II Mitigation Bank Parcel Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Figure 8. Riparian Buffer Zones Map W I L D L A N D 5 0 125 250 Feet Anderson Farm II Mitigation Bank Parcel E N G I N E E R I N G I I I I I Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC m C WILDLANDS ENGINEERING 1 Project Location Riparian Restoration for Buffer Credits NCDMS Conservation Easement Riparian Restoration for Nutrient Offset Credits —'— Bank Parcel Conservation Easement Not for Credit Project Stream Non -Project Stream - Project Ditch ❑ Vegetation Plots .. ❑ .r Figure 9. Monitoring Map 0 125 250 Feet Anderson Farm II Mitigation Bank Parcel II I J Bank Parcel Development Package Neuse River Basin (03020201) Wayne County, NC Appendices Appendix A: Current Land Use Photographs Photo 1— UT1 Left Bank Photo 3 — UT1 Left Bank Photo 5 — UT2 Left Bank Photo 7 — UT3 Left Bank Photo 2 — UT1 Right Bank Photo 4 — UT1 Right Bank d2swrom Photo 6 — UT2 Right Bank Photo 8 — UT3 Left Bank Anderson Farm Mitigation Bank Parcel Existing Conditions Photographs HUC 03020201 10/21/2021 Appendix B: Historical Aerials N VOW ■ F 40 op .e W, INQUIRY k 6179557.5 �jJr /� N YEAR: 2006 = 500' FOR "1k Nib k INQUIRY #:6179557.5 N YEAR: 1999 = 750' FOR a Subject boundary not shown because it exceeds image extent or image is not georeferenced. Vn gyp► ti ` 1 1� INQUIRY k 6179557.5 N YEAR: 1983 � ■ ■ = 500' FOR , YEAR: 1975 • Subject boundary not shown because it exceeds image extent or image is not = 500' FOR _ georeferenced. .o .' } r N y � snow a---_':: !7AW -* 1 1M 4, - . � 31� 1C.7�i t �i i } INQUIRY #:6179557.5 YEAR: 1959 ■ ■ f �` 500' FOR = + " a T INOUIRY k 6179557.5 �jJr /� N YEAR: 1950 = 500' FOR Appendix C: On Site Determination of Applicability to Neuse Riparian Buffer Rules Site Viability for Buffer Mitigation and Nutrient Offset letter ROY COOPER Governor DIONNE DELLI-CATTI Secretary S. DANIEL SMITH Director William L. Jackson Jackson Farming Company LLC 122 Cox Farm Road Mount Olive, NC 28365 919-922-7861 NORTH CAROLINA Environmental Quality April 29, 2021 Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Subject Property/ Project Name: Anderson Farm Mitigation Site Address/Location: Intersection of O'Berry Road and Bowden Road, Mt. Olive, NC 28635 Stream(s) Evaluated: (3) — UT1— UT2 Anderson Farm Mitigation Site Determination Date: February 4th, 2021 Staff: Allen Stewart 20210023 verl Wayne County Determination Type: Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Buffer: Stream: X - Neuse (15A NCAC 02B .0714) X— Ephemeral/ Intermittent/Perennial Determination Tar -Pamlico (15A NCAC 02B .0734 Catawba (15A NCAC 02B .0614) -Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) - Randleman (15A NCAC 02B .0724) -Goose Creek (15A NCAC 02B .0605-.0608) Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo UT1 I/P X 35.249846,-78.106163 35.254242,-78.104257 X X UT2 I X 35.249854,-78.104045 35.251963,-78.104754 X UT3 I X 35.252726,- 78.101231 35.253658,-78.104370 X X *Ephemeral / Intermittent/ Perennial Dear Mr. Jackson, The Division of Water Resources has determined that the streams listed as "subject" above and included on the attached map have been located on the most recent published (1974) N RCS Soil Survey of Wayne County, North Carolina and/or the most recent copy of the Mt. Olive USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rules. For each stream that is checked "Not Subject" it has been determined to not be at least intermittent, not present on the property or not represented on the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the most recent copy of the Mt. Olive USGS Topographic map at a 1:24,000 scale. There may be other streams or features located on the property that were not assessed and/or that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. UT1 rates as intermittent above confluence of UT2 and perennial below confluence of UT2. North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Malt I Washington, North Carolina 27889 NC9hl CARCLINA � °pavTM•^� ^� E^,�� w a.���r 252.946.6481 This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): c% Paul Wojoski DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or waters. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884 Ext. 22. If you have questions regarding this determination, please feel free to contact Allen Stewart at (252) 946-6481. Sincerely, Ro" T"" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASE RFICH E Andrea Eckardt, Wildlands Engineering Inc., aeckardt@wildlandseng.com Samantha Dailey, US Army Corps of Engineers Raleigh Regulatory Field Office, Samantha.j.dailey@usace.army.mi Katie Merritt, NCDWR 401 & Buffer Permitting Branch, Katie.Merritt@ncdenr.gov Randall Jones, WaRO DEMLR (via e-mail) randall.jones@ncdenr.gov D ��� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 CRrH CARQLILA 0.,. —[ m E.W. —W a..nry 252.946.6481 D ��� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889 C,RrH Cagpuf n O.A. —[ m E.W. —W Q--Z 252.946.6481 DocuSign Envelope ID: ABOAl2C1-0598-41D94-13773-73F629D33701 ROY COOPER Governor DIONNE ❑ELLFGATTI Secretary S. DANIEL SMITH Director Andrea Eckardt NORTH CAROLINA £nvironmenraI Quality May 19, 2021 Wildlands Engineering, Inc (via electronic mail: aeckardt@wildlandseng.com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset - Anderson Farm Site 167 Bowden Rd, Mt. Olive (near 35.252438,-78.103945) Neuse 03020201 Wayne County Dear Ms. Eckardt, On March 22, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Wildlands Engineering, Inc (Wildlands) 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 conservation easement boundary, which is more accurately depicted in the attached map labeled "Figure 1-Site Map" (Figure 1) prepared by Wildlands. The proposed easement boundary in Figure 1, includes all riparian areas intended to be proposed as part of the mitigation site. On April 15, 2021, Ms. Merritt performed a site assessment of the subject site. Staff with Wildlands were also present. 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 .0703. Feature Classification tSublect Riparian Land uses adiacent to Feature Buffer Credit 'Nutrient Offset ','Mitigation Type Determination Win onsite to riparian areas Buffer 0( 200' Viable Viable Rule UT 1 Stream Yes Non -forested agricultural Yes Yes Restoration Site per 15A NCAC 02B fields and partially located .0295 (n) within a DOT Right Of Way (ROW) Note: No credits are allowed within the DOT R.O.W „� North Carolina Department of Environmental Quality I Division of Water Resources e��—DE_ ✓ 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 urn,n m� wo�ir 919,707,9000 DocuSign Envelope ID: ABOA1 2C1 -0598-4D94-B773-73F629D33701 Anderson Farm Site Wildlands Engineering, Inc. May 19, 2021 Feature Classification 1Sublect Riparian Land uses Buffer 'Nutrient 4^1Mitigation Type Determination Win onsite to riparian areas adiacent to Feature Credit Offset Buffer 0( 200') Viable Viable Rule UT2 Stream Yes Non -forested agricultural Yes Yes Restoration Site per 15A NCAC 02B fields and partially located .0295 (n) within a DOT Right Of Way (ROW) Minor bank stabilization and grading needed where bank stability is A sink hole and active compromised and where erosional rills, eroding banks were sink holes and gullies are observed observed at the confluence with UTl. Note: No credits are allowed within the DOT R.O.W UT3 Stream Yes Left Bank - non -forested Yes Yes (in ag Restoration Site per 15A NCAC 02B agricultural fields fields only) .0295 (n) Right Bank - managed lawn/residential Ditch A Ditch No non -forested agricultural No Yes Restoration Site per 15A NCAC 02B >3' depth fields .0295 (n) 'Subjectivity calls for the features were determined by DWR in correspondence dated April 29, 2021 (ID# 2021-0023) using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS . 2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o) (5) and 15A NCAC 0295 (o) (4). Site cannot be a Preservation Only site to comply with this rule. 'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request. s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian area. 6The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (o)(7). Determinations provided in the table above were based on the proposed conservation easement boundaries depicted in Figure 1 for the site. The map representing the proposal for the site is attached to this letter and is initialed by Ms. Merritt on May 19, 2021. Substantial changes to the proposed easement boundaries could affect the site's potential to generate buffer mitigation and nutrient offset credits. This letter does not constitute an approval of this Site to generate buffer and nutrient offset 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 .0703, 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 Page 2 of 3 DocuSign Envelope ID: ABOA1 2C1 -0598-4D94-B773-73F629D33701 Anderson Farm Site Wildlands Engineering, Inc. May 19, 2021 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 .0703. This viability assessment will expire on May 19, 2023 or upon approval of a mitigation plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer, stream or wetland mitigation plan for this Site. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, PW/kym Attachments: "Figure 1 - Site Map" cc: File Copy (Katie Merritt) DOCUSigned by: �aw� W010� 949D91BA53E®®F4E0... Paul Wojoski, Supervisor 401 and Buffer Permitting Branch Page 3 of 3 DocuSign Envelope ID: ABOA1 2C1 -0598-4D94-B773-73F629D33701 Project Location Conservation Easement Stream q/�I Ditch Non -Project Stream Q C� Existing Culvert r I a I� 200' 2017 Aerial Photography KIIIy Figure 1 Site Map WI L D L A N D 5 0 125 250 Feet Anderson Farm E N G I E tz i G I i i i I Neuse River Basin (03020201) Wayne County, NC Appendix D: USFWS Self -Certification letter and Correspondence SHPO Request for Review and Response EDR Radius Map Report, Executive Summary gyp_ T OF 4. y�y £lF]fI d W {LDI.Ik'E BISNV ICE N o United States Department of the Interior FISH AND WILDLIFE SERVICE RCM 3, Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 1 /4/2021 Self -Certification Letter Project Name Anderson Farm Mitigation Site Dear Applicant: 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(c,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 O J R H N C O .y 7 t� O C) N N 4) Q N N O N L m 7 c ca C6 O c O c c ca a) a) co � a) () _0a a) cn a_ •U a U c ca = a) o> 0- cn o >, D- cn a) := c N Q- O N� Q- O L a N a) L N 0- (1) L CD N C6 En L L O C a) ) `~ a) L L O C a) D `~ a) O � X Cn E '� Cn E N •L •� a) L E .� a) E a) N U(D U) ca U L E LL a) U L 0 LL a) N O D_U a) O CO ma) O Cn � C6 L Z C 0 O .D 0 O .� co a) O O mQ' U >, O ca E •cn L cn O (DY U p a) Y U (DX L U LD O •O 7 O •0 _0O O a) p p O O U L Q .� U L i 0 .� CO �j C a) 7 C L 'O C 'O 7 C 'O C ( � 'O C O � LL E 2) 0O •O_1 O( •O_) O( � O O Q a) Q co V O O () Q U) V O —O � a) C6 O .� U) O X CD-O O 0 U) O X Q O V O a) a) a) a) E >, C6 c6 a) >, Mc6 (Do—(Di--.(D CD_ � � Y U � � a) a- � -0 a) a- a - C p CEO p :3 C6 N _ �_ =3 M N = C_ a) M cn m E U '� m E U '� a) L a) cn -0 E w" L ca Z C6 U Z O Q cl Z LL) IDU .L 'L Q) X LL) .L 'L (D X a) X 2O Q U) cn U a- a) Q cn cn U a- a) Ll cn -0 (1) clZ U Q � () a) 0) C6 W a) a_ C O O '� U Q C U U U () .� CO E a) �_ a) �_ a) 0) Q(1) W W W W co Z O O O O W 0 Z Z Z Z c c c co co co cn L Q L Q L Q (D 2 Q O O a) c to m(� .� Z C6 m ma) Z .� O > M •U cn i_- cn cn U) Y a) .- U Z Z Z Z L O � E Y m O a) Q Z 0 a) is E h c„ O (B L Q) O C6 U) cn C co O C6 = 7 W U a) z z �? U a) -p o U c� CO z a O ca C O D U O a) E O C :l m E L M a) -o S} �y e� N O N L 7 C C6 T C .0 CO a) E C O C W a) 0 r YSui d K YY' "`:K United States Department of the Interior FISH AND WILDLIFE SERVICE ►' Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: December 23, 2020 Consultation Code: 04EN2000-2021-SLI-0412 Event Code: 04EN2000-2021-E-00887 Project Name: Anderson Farm Mitigation Site 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 12/23/2020 Event Code: 04EN2000-2021-E-00887 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratory birds/CurrentBirdlssues/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. 12/23/2020 Event Code: 04EN2000-2021-E-00887 Attachment(s): • Official Species List 12/23/2020 Event Code: 04EN2000-2021-E-00887 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 12/23/2020 Event Code: 04EN2000-2021-E-00887 Project Summary Consultation Code: 04EN2000-2021-SLI-0412 Event Code: 04EN2000-2021-E-00887 Project Name: Anderson Farm Mitigation Site Project Type: LAND - RESTORATION / ENHANCEMENT Project Description: Riparian Buffer and Nutrient Offset Mitigation Project Project Location: Approximate location of the project can be viewed in Google Maps: https: www. oogle.com/maps/place/35.25214046875203N78.10466650729515W Counties: Wayne, NC 12/23/2020 Event Code: 04EN2000-2021-E-00887 Endangered Species Act Species There is a total of 3 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 Fisheriesi, 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:Hecos.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 12/23/2020 Event Code: 04EN2000-2021-E-00887 Critical habitats MERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. WILDLANDS EN GIN E E R IN (-- January 14, 2021 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Anderson Farm Mitigation Site Wayne County, North Carolina Dear Ms. Gledhill -Earley, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential riparian buffer restoration project on the Anderson Farm Mitigation Site located in Wayne County, NC. A USGS Topographic Map and a Site Map showing the approximate project area are enclosed. The topographic figure was prepared from the Southwest Goldsboro 7.5-Minute USGS Topographic Quadrangle, and the site is located at latitude 35.252438 longitude-78.082288. The Anderson Farm Mitigation Site is being developed to provide riparian buffer mitigation in the Neuse River Basin. The proposed buffer restoration site is approximately 11.4 acres of agricultural fields located on one parcel. The project streams include two unnamed tributaries and one ditch: UT1, UT2, and Ditch A. Approximately one mile from the mitigation site, the projects streams flow to Thoroughfare Swamp, which flows to the 303d listed stream Falling Creek, and eventually flows to the Neuse River. The area surrounding the project streams and ditches is currently agricultural fields, typically used to grow corn, soybeans, and wheat, but currently is being used to grow corn. The project features have little to no existing riparian buffer. This buffer mitigation project will reduce sediment and nutrient loading, provide and improve terrestrial and in stream habitats, and improve stream and bank stability. The major goals of the riparian buffer mitigation project are to provide ecological and water quality enhancements to the Neuse River Basin while creating a functional riparian corridor at the site level. This will be accomplished by restoring the vegetative buffer on the areas up to 100 feet from streams and 50 feet from ditches, along with permanently preserving and protecting the site through establishing a conservation easement. The establishment of riparian buffers will create shading to minimize thermal heating. Finally, newly planted native vegetation will provide cover and food for wildlife No surveyed sites listed on the North Carolina State Historic Preservation Office (SHPO) are located within a mile of the Site. In addition, the Site is not located near any sites listed on the National Register with the SHPO. No other architectural structures or archaeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. We ask that you review the site based on the attached information to determine the presence of any historic properties within both conservation easement areas proposed (NC Division of Mitigation Services and Private Riparian Buffer Mitigation Bank) as shown on Figures 1 and 2. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Kirsten Gimbert, Senior Environmental Scientist kgimbert@wildlandseng.com 704.941.9093 Attachments: Figure 1 Site Map and Figure 2 USGS Topographic Map Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203 6 � STAT£ r� Qunr-n •nog%'• North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson February 16, 2021 Kristen Gimbert kgimbert@wildlandseng.com Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Re: Anderson Farm Mitigation Site, west of O'berry Road and Bowden Road, Mount Olive, Wayne County, ER 21-0235 Dear Ms. Gimbert: Thank you for your email of January 14, 2021, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Anderson Farm 499-101 Bowden Rd Mount Olive, NC 28365 Inquiry Number: 6179557.2s September 03, 2020 6 Armstrong Road, 4th floor Shelton, CT 06484 (rEDR . Toll Free: 800.352.0050 www.edrnet.com FORM-LBD-CCA TABLE OF CONTENTS SECTION PAGE Executive Summary------------------------------------------------------- ES1 Overview Map 2 Detail Map 3 Map Findings Summary---------------------------------------------------- 4 Map Findings 8 Orphan Summary--------------------------------------------------------- 9 Government Records Searched/Data Currency Tracking GRA GEOCHECK ADDENDUM Physical Setting Source Addendum------------------------------------------ A-1 Physical Setting Source Summary A-2 Physical Setting Source Map A-7 Physical Setting Source Map Findings---------------------------------------- A-8 Physical Setting Source Records Searched------------------------------------. PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 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. TC6179557.2s 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 499-101 BOWDEN RD MOUNT OLIVE, NC 28365 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator UTM X (Meters): UTM Y (Meters): Elevation: 35.2516620 - 35' 15' 5.98" 78.1037290 - 78' 6' 13.42" Zone 17 763521.7 3904599.8 130 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5948626 SOUTHWEST GOLDSBORO, NC Version Date: 2013 Southeast Map: 5947432 MOUNT OLIVE, NC Version Date: 2013 Southwest Map: 5947406 DOBBERSVILLE, NC Version Date: 2013 Northwest Map: 5947410 GRANTHAM, NC Version Date: 2013 lets:7/e1IIIIIIIIIJ:[91111t0Zr]:7A0va1.09:1102N4*91:49 Portions of Photo from: 20141018 Source: USDA TC6179557.2s EXECUTIVE SUMMARY 1 F- MAPPED SITES SUMMARY Target Property Address: 499-101 BOWDEN RD MOUNT OLIVE, NC 28365 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 6179557.2s 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 TC6179557.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US ENG CONTROLS_ _ _ _ _ _ _ _ _ Engineering Controls Sites List US INST CONTROLS_ _ _ _ _ _ _ _. Institutional Controls Sites List 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 LUST -------------------------- Regional UST Database 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 TC6179557.2s EXECUTIVE SUMMARY EXECUTIVE SUMMARY Local Lists of Landfill / Solid Waste Disposal Sites SWRCY_______________________ Recycling Center Listing HIST LF_______________________ Solid Waste Facility Listing INDIAN ODI___________________ Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9----------- Torres Martinez Reservation Illegal Dump Site Locations ODI___________________________ Open Dump Inventory IHS OPEN DUMPS___________ Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL_________________ Delisted National Clandestine Laboratory Register US CDL_______________________ National Clandestine Laboratory Register Local Land Records LIENS 2_______________________ CERCLA Lien Information Records of Emergency Release Reports HMIRS________________________ Hazardous Materials Information Reporting System SPILLS________________________ Spills Incident Listing IMD___________________________ Incident Management Database SPILLS 90____________________ SPILLS 90 data from FirstSearch SPILLS 80____________________ SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR _ _ _ _ _ _ _ _ RCRA - Non Generators / No Longer Regulated FUDS_________________________ Formerly Used Defense Sites DOD__________________________ Department of Defense Sites SCRD DRYCLEANERS_______ State Coalition for Remediation of Drycleaners Listing US FIN ASSUR_______________ Financial Assurance Information EPA WATCH LIST____________ EPA WATCH LIST 2020 COR ACTION_ _ _ _ _ _ _ _ _ _ _ 2020 Corrective Action Program List TSCA_________________________ Toxic Substances Control Act TRIS__________________________ Toxic Chemical Release Inventory System SSTS-------------------------- Section 7 Tracking Systems ROD__________________________ Records Of Decision RMP__________________________ Risk Management Plans RAATS________________________ RCRA Administrative Action Tracking System PRP___________________________ Potentially Responsible Parties PADS_________________________ PCB Activity Database System ICIS___________________________ Integrated Compliance Information System FTTS__________________________ FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS_________________________ Material Licensing Tracking System COAL ASH DOE_ _ _ _ _ _ _ _ _ _ _ _ _ _ Steam -Electric Plant Operation Data COAL ASH EPA______________ Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER _ _ _ _ _ _ _ PCB Transformer Registration Database RADINFO --------------------- Radiation Information Database HIST FTTS____________________ FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS_____________________ Incident and Accident Data CONSENT____________________ Superfund (CERCLA) Consent Decrees TC6179557.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY 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 US MINES____________________ Mines Master Index File ABANDONED MINES --------- Abandoned Mines FINDS ------------------------- Facility Index System/Facility Registry System UXO --------------------------- Unexploded Ordnance Sites ECHO ------------------------- Enforcement & Compliance History Information DOCKET HWC---------------- Hazardous Waste Compliance Docket Listing FUELS PROGRAM___________ EPA Fuels Program Registered Listing AIRS__________________________ Air Quality Permit Listing ASBESTOS___________________ ASBESTOS COAL ASH____________________ Coal Ash Disposal Sites DRYCLEANERS______________ Drycleaning Sites Financial Assurance ----------- Financial Assurance Information Listing NPDES------------------------ NPDES Facility Location Listing UIC---------------------------- Underground Injection Wells Listing AOP--------------------------- Animal Operation Permits Listing PCSRP------------------------ Petroleum -Contaminated Soil Remediation Permits CCB___________________________ Coal Ash Structural Fills (CCB) Listing SEPT HAULERS______________ Permitted Septage Haulers Listing MINES MRDS----------------- Mineral Resources Data System 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 1•411N:A711.101.[el&ik1:&�9NFA:0]:1N:Wl0&9 Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC6179557.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC6179557.2s EXECUTIVE SUMMARY 7 OVERVIEW MAP - 6179557.2S IV Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants National Priority List Sites Dept. Defense Sites 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 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Anderson Farm CLIENT: Wildlands Eng, Inc. ADDRESS: 499-101 Bowden Rd CONTACT: Carolyn Lanza Mount Olive INC 28365 INQUIRY #: 6179557.2s LAT/LONG: 35.251662 / 78.103729 DATE: September 03, 2020 10:09 am Copyright �o 2020 EDR, Inc.(,) 2015 Tom Tom Rel. 2015. DETAIL MAP - 6179557.2S IV Target Property A Sites at elevations higher than or equal to the target property ♦ Sites at elevations lower than the target property 1 Manufactured Gas Plants i Sensitive Receptors National Priority List Sites Dept. Defense Sites 0 1 /16 1 /B 1 /4 Miles Indian Reservations BIA Hazardous Substance Special Flood Hazard Area (1%) Disposal Sites 0.2% Annual Chance Flood Hazard National Wetland Inventory 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Anderson Farm CLIENT: Wildlands Eng, Inc. ADDRESS: 499-101 Bowden Rd CONTACT: Carolyn Lanza Mount Olive INC 28365 INQUIRY #: 6179557.2s LAT/LONG: 35.251662 / 78.103729 DATE: September 03, 2020 10:11 am Copyright �o 2020 EDR, Inc. (,) 2015 TonnTom Rai. 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 CONTROLS 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 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 TC6179557.2s 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 LUST 0.500 0 0 0 NR NR 0 LAST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional control / engineering control registries INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites 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 Local Lists of Landfill / Solid Waste Disposal Sites SWRCY 0.500 HIST LF 0.500 INDIAN ODI 0.500 DEBRIS REGION 9 0.500 ODI 0.500 IHS OPEN DUMPS 0.500 Local Lists of Hazardous waste / Contaminated Sites US HIST CDL TP US CDL TP Local Land Records LIENS 2 TP Records of Emergency Release Reports HMIRS TP SPILLS TP IMD 0.500 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 NR NR 0 TC6179557.2s 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 TP NR NR NR NR NR 0 SPILLS 80 TP NR NR NR NR NR 0 Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 NR NR NR 0 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 TP NR NR NR NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 TSCA TP NR NR NR NR NR 0 TRIS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ROD 1.000 0 0 0 0 NR 0 RMP TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 PRP TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 DOT OPS TP NR 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 TP NR NR NR NR NR 0 US AIRS TP NR 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 TP NR NR NR NR NR 0 UXO 1.000 0 0 0 0 NR 0 ECHO TP NR NR NR NR NR 0 DOCKET HWC TP NR NR NR NR NR 0 FUELS PROGRAM 0.250 0 0 NR NR NR 0 AIRS TP NR NR NR NR NR 0 ASBESTOS TP NR 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 TP NR NR NR NR NR 0 NPDES TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0 AOP TP NR NR NR NR NR 0 PCSRP 0.500 0 0 0 NR NR 0 CCB 0.500 0 0 0 NR NR 0 TC6179557.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property SEPT HAULERS TP MINES MRDS TP EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 EDR Hist Auto 0.125 EDR Hist Cleaner 0.125 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP RGA LF TP RGA LUST TP - 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 NR NR NR NR NR NR 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 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 0 0 0 TC6179557.2s Page 7 Map ID Direction Distance Elevation Site NO SITES FOUND MAP FINDINGS EDR ID Number Database(s) EPA ID Number TC6179557.2s Page 8