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BPDP for PNID#* 20220139 Version* 2 Select Reviewer: Katie Merritt Initial Review Completed Date 04/17/2023 Mitigation Project Submittal - 4/14/2023 Is this a Prospectus, Technical Proposal or a New Site?* Yes No Type of Mitigation Project:* Stream Wetlands Buffer Nutrient Offset (Select all that apply) Project Contact Information Contact Name: * Email Address: Catherine Roland catherine@waterlandsolutions.com Project Information ID#: * 20220139 Version:* 2 Existing ID# Existing Version Project Type: DMS Mitigation Bank Project Name: Salem Nutrient Offset Bank County: Wayne Document Information Mitigation Document Type:* Mitigation Bank Information File Upload: Salem Nutrient Offset Plan.pdf 26.26MB Please upload only one PDF of the complete file that needs to be submitted... Signature Print Name:* Catherine Roland Signature: * tics WATER & LAND SOLUTIONS Nutrient Offset Memo Salem Nutrient Offset Bank: DWR #2022-0139v2 Date Prepared: April 12, 2023 This memo addresses comments from Katie Merritt with DWR in regard to the Salem Draft Nutrient Offset submittal. Page 5: 1. It appears based off Table 5. 11.17 acres will be restored for nutrient offset credit. Please explain why it says 12.32 will be restored for nutrient credit. This comment was also on the draft BPDP. This sentence has been revised to say 11.51 acres will be used for nutrient offset credit. The conservation easement is 12.32 acres. Page 7: 2. As requested in original draft comments, please acknowledge stream A here as well. The sentence has been updated to state that all restoration activities along the ditches and the stream will begin from the tops of the banks and extend a maximum of 200 feet perpendicular to the channel where possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015). 3. Sentence doesn't make sense. Should it say "on the Parcel as indicated by the approved NCDWR Site Viability Letter...? This sentence has been updated for clarity. Page g: 4. Throughout this report please make sure to use nutrient offset credit when describing the credits rather than "nutrient" only. This has been corrected throughout the report. 5. Correct to be DWR. This sentence has been corrected. 6. It is crucial to jump start an herbaceous cover on ag lands that are being converted to nutrient offset sites. Thus, please add the following commitment: "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 WLS will use to meet herbaceous cover. Could add to table 3 or create new table. This sentence has been added to Section 3.3. The seed mix has been added to Table 3. waterlandsolutions.com 1 7721 Six Forks Rd, Ste 130, Raleigh, NC 27615 1 919-614-5111 WATER & LAND SOLUTIONS 7. It is highly recommended that providers agree to include pollinator species in their seed mixes. DWR understands this is not a requirement, and that providers do not have to do this. Therefore, adding it into your plan is only a suggestion and completely voluntary. (DWR expects a response if not implementing). WLS will include pollinator species. Seed mix is listed in Table 3. Page 9: 8. What is the intent with using transect plots indicated in Fig 7 and how will you utilize them in the monitoring reports? Please add additional information in Section 4.1(are they rotating, what are the sizes, etc.) Language has been added to section 4.1 explaining the size of the permanent vegetations plots as well as the random (non -fixed) transects. 9. lam calculating 11.51 acres according to Table 5. Why is it noted 12.32 acres are being restored? 12.32 is the acreage of the entire conservation easement, only 11.51 acres qualify for nutrient offset credit when you remove the areas for non -diffuse flow and channels. WLS plans to plant the entire conservation easement, including the non -diffuse flow areas. 10. Just so you know, DWR expects the veg plots to be shown in the location as depicted in Fig 7 at As Built. WLS plans to place the vegetation plots in the locations on Figure 7. Page 11: 11. Further in this section it states WLS is the landowner, therefore UP2Save must be recorded as the Grantee of this conservation easement prior to the first credit release. However, it is still the process that the formal transfer of responsibilities of the CE occurs after at Task 9. WLS will record the conservation easement and UP2Save will be the Grantee of the easement prior to the first credit release. WLS will formally transfer the responsibilities of the CE after task 9 is complete. 12. Riparian zones should be used to describe these areas. When using the term buffer in North Carolina this means you are referring to a subject stream with a zone 1 and zone 2 as defined in the buffer protection rules. The text has been updated to say riparian zones instead of buffer zones. 13. If WLS is planning to be the landowner, then the MBI requires that the long-term steward be chosen at the outset of the approved BPDP, which means, that the long term steward is noted on the conservation easement as the Grantee. Please acknowledge your understanding on this requirement somewhere in this section (4.6). A sentence in section 4.6 has been added that states that Unique Places To Save will be noted on the conservation easement as the Grantee. waterlandsolutions.com 1 7721 Six Forks Rd, Ste 130, Raleigh, NC 27615 1 919-614-5111 WATER & LAND SOLUTIONS Page 12: 14. As noted previously, please show where this credits are depicted off Stream A in Fig 6. Figure 6 has been updated to show the credits depicted off Stream A. 15. State where? i.e., at the entry point of Ditch 1, 4, and 5 Clarification has been made to this sentence to explain that a 0.05-acre deduction has been made at each side of the entry point of Ditches 1, 4, and 5. Page 13: 16. Stream A is not a ditch, please correct. This has been corrected. 17. Please explain how you got 14,981 if you are deducting .05 acres on each side of the three ditches. If you determine this number is incorrect, please update the entire report accordingly. The table has been updated from 14,981 ft2 to the correct number of 13,069 ft2. The area has also been updated for D1 buffers 0-100 and 101-200. The total credits are 501,546 ft2. Page 20: 18. Please depict what the blue arrows mean on the ditch. Text has been added to the legend stating that the blue arrows are the direction of flow. Page 21: 19. Depict the 414 sq ft of credit from Stream A as shown in Table 5 (differentiate between the ditch credit colors). This comment was also on the draft BPDP. Figure 6 has been updated to show the 415 ft 2 of nutrient offset credit on Stream A. 20. Call these areas out as non -diffuse flow in the legend. The areas of non -diffuse flow are now called out in the legend. 21. Depict the non-credit areas (ditch footprint, non -diffuse flow) that are still being planted but not credited in the legend. The non-credit areas are now shown in the figure. waterlandsolutions.com 1 7721 Six Forks Rd, Ste 130, Raleigh, NC 27615 1 919-614-5111 Salem Nutrient Offset Bank Bank Parcel Development Package DWR #2022-0139 V2 Wayne County, North Carolina Neuse River Basin (HUC 03020201) April 2023 Prepared by: WATER & LAND SOLUTIONS 7721 SIX FORKS ROAD, SUITE 130, RALEIGH, NC 27615 (919) 614 - 5111 1 waterlandsolutions.eom Salem Nutrient Offset Bank DWR #2022-0139v2 Table of Contents 1 Introduction............................................................................................................................................... 4 1.1 Project Location............................................................................................................................4 1.2 Project Description........................................................................................................................4 2 Project Area - Existing Conditions.............................................................................................................. 5 2.1 Channel Descriptions.................................................................................................................... 5 2.2 Existing Wetlands.......................................................................................................................... 5 2.3 Soils............................................................................................................................................... 5 2.4 Existing Vegetative Communities................................................................................................. 5 2.5 Threatened and Endangered Species........................................................................................... 6 2.6 Cultural Resources........................................................................................................................ 6 2.7 Constraints....................................................................................................................................6 2.8 FEMA Floodplain / Floodway Mapping......................................................................................... 6 3 Proposed Neuse Riparian Restoration Plan............................................................................................... 6 3.1 Parcel Preparation........................................................................................................................ 7 3.2 Riparian Restoration Activities...................................................................................................... 7 3.3 Planting......................................................................................................................................... 7 4 Monitoring and Maintenance Plan............................................................................................................ 8 4.1 Monitoring Protocol......................................................................................................................8 4.2 Performance Standards for Vegetation........................................................................................ 9 4.3 Photo Reference Stations............................................................................................................. 9 4.4 Visual Assessment......................................................................................................................... 9 4.5 Reporting Performance Criteria....................................................................................................9 4.6 Conservation Easement and Long -Term Management Plan......................................................10 4.7 Adaptive Management Plan........................................................................................................ 11 4.8 Financial Assurances................................................................................................................... 11 5 Project Credit Potential............................................................................................................................ 12 6 Citations................................................................................................................................................... 17 Page 2 4 Salem Nutrient Offset Bank DWR #2022-0139v2 Figures Figure1.........................................................................................................................Project Location Map Figure 2........................................................................................................... Geographic Service Area Map Figure 3.......................................................................................................... USGS Topographic/FEMA Map Figure4.................................................................................................................................. NRCS Soils Map Figure5.................................................................................................................... Existing Conditions Map Figure 6........................................................................................................Nutrient Offset Conceptual Plan Figure 7.......................................................................................................... Proposed Monitoring Features Figure 8...................................................................................................................... Proposed Planted Area Appendices Appendix A............................................................................................ NCDWR Determination and Viability Appendix8...................................................................................................................................... Photo Log Appendix C.................................................................. Model Conservation Easement & Engagement Letter Appendix D................................................................................................. USFWS IPaC Letter & Species List AppendixE................................................................................................................................ EDR Summary Page 3 4 Salem Nutrient Offset Bank DWR #2022-0139v2 1 Introduction Water & Land Solutions, LLC (WLS) is submitting the Bank Parcel Development Package for the Salem Nutrient Offset Bank ("Bank Parcel") under the proposed WLS Salem Nutrient Offset Banking Instrument ("NOBI"). The proposed Bank Parcel is being developed as a private nutrient offset bank in conjunction with the North Carolina Department of Environmental Quality (NCDEQ) Division of Water Resources ("NCDWR"). The Site will be planned and designed according to the NOBI, 15A NCAC 02B .0703, which became effective on April 1, 2020. The performance standards will be consistent with the NOBI and 15A NCAC 02B .0295 (n)(2) and will meet the general restoration and protection goals outlined in the 2010 Neuse River Basin Restoration Priority Plan (RBRP). This Bank Parcel is proposed to provide nutrient offset credits for unavoidable impacts due to development in the Neuse River Basin, United States Geologic Survey (USGS) 8-digit Hydrologic Unit Code (HUC) 03020201, excluding the Falls Lake Watershed. The Bank Parcels nutrient offset credit service area is depicted in Figure 2. 1.1 Project Location The Bank Parcel (35.456793,-77.993107) is located in Wayne County, North Carolina, between the Town of Pikeville and the City of Goldsborough (Figure 1). The parcel boundary is within the 8-digit HUC 03020201 and is located in Buck Swamp- Little River subwatershed (030202011604). To access the site from Raleigh, NC, follow US Interstate 40 East towards Benson/Wilmington. Take Exit 309 for US-70 East towards Smithfield/Goldsboro. Continue onto US 70 bypass East. Then take Exit 356 for US-117 towards Goldsboro. Follow Belfast Road to Salem Church Road, turn right onto Salem Church Rd and the site will be on the right. 1.2 Project Description The Bank Parcel encompasses land along six ditches that flow into an unnamed tributary to Hook's Mill Creek in Wayne County, NC, and is characterized by active agricultural fields. The parcel ditches have been maintained for agricultural drainage. Currently, the land use and ditches act as sources of nutrient contamination to the project watershed and the Neuse River basin. The project will involve the restoration of Neuse buffers to help reduce non -point source discharge of contaminants into streams within the Neuse River basin. The project area is comprised of an easement and is approximately 12.32 acres. The Site drains to Mill Creek and then into the Little River which is listed as 'Class C' and Nutrient Sensitive Waters (C; WS-IV NSW), according to the North Carolina Division of Water Resources (DWR) (2019). From the Site Hook's Mill Creekflows 1.5 miles southeast to its confluence with Buck Swamp. Buck Swamp flows another 2,000 ft until its confluence with the Little River. The Little River drains southeast to its confluence with the Neuse River in Goldsboro, North Carolina. Within the 12.32-acre conservation easement, 11.51 acres will be used for nutrient offset credit. NCDWR performed an onsite Site Viability for Buffer Mitigation and Nutrient Offset on February 4, 2022 (letter dated April 29, 2022) for the Bank Parcel (Appendix A). A corrected letter dated June 9, 2022, was issued to correct the errors on Figure X and Figure 1, the corrected letter can be found in Appendix A. Page 4 4 Salem Nutrient Offset Bank DWR #2022-0139v2 2 Project Area - Existing Conditions 2.1 Channel Descriptions This Bank Parcel has two ditches (Ditch 1 and Ditch 3) and one stream (Stream A) that were determined viable for Nutrient Offset. Ditch 1 flows north and then takes a ninety degree turn west and feeds directly into Stream A. The top of Ditch 1 is surrounded by agricultural fields on both sides. When Ditch 1 takes a ninety degree turn at the confluence with Ditch 2 the left bank is an agricultural field, and the right bank is residential parcels. Ditch 3 flows north and feeds directly into Stream A. The left bank of Ditch 3 is residential parcels, and the right bank is an agricultural field. 2.2 Existing Wetlands Based on site investigations it was determined that there are no jurisdictional wetlands present within the Bank Parcel. 2.3 Soils The Bank Parcel is in the Rolling Coastal Plain ('65m') US Environmental Protection Agency Level IV Ecoregion and the North Carolina Coastal Plain Physiographic Province. As shown on the NRCS Soils Map (Figure 4), there are three main soil types on the Site: Dragston loamy sand, Rains sandy loam, and Weston loamy sand. Table 1. Project Soil Types No Somewhat poorly drained soil on broad, smooth, flats of interstream divides. Slopes from 0 to 2 percent. Infiltration is moderate and surface runoff is slow. No Poorly drained soil in oval depressions and on smooth flats in broad areas between streams. Slopes are 0 to 2 percent. Infiltration is moderate and surface runoff is slow, with ponding water in some places. No Poorly drained soils on smooth flats and in depressions on broad inter stream divides. Slopes are 0 to 2 percent. Infiltration is moderate and surface runoff is slow, with ponding water in some places. 2.4 Existing Vegetative Communities Land use surrounding the project area has been primarily agricultural for several decades. Before anthropogenic land disturbances, the vegetation community likely consisted of Wet Pine Flatwood in the project area (Schafale 2012). The existing vegetation within the project area is active agricultural fields. Page 5 4 Salem Nutrient Offset Bank DWR #2022-0139v2 The Bank Parcel is primarily bare ground with some shrubs and herbaceous cover adjacent to the maintained ditch network. Table 2. Existing Site Vegetation Sweetgu m Broadleaf cattail 2.5 Threatened and Endangered Species Liquidambar sryraciflua Typha latifolia Arundinaria tecta Based on a review of the US Fish and Wildlife Service (USFWS) database, there are currently seven federally listed threatened and endangered species known to occur in Wayne County: (E) Red -cockaded woodpecker (Picoides borealis), (E) Dwarf wedgemussel (Alasmidonta heterodon), (E) Tar river spinymussel (Parvaspina steinstansano), (E) Carolina Madtom (Noturus furiosus), (T) Yellow lance (Elliptio lanceolata), (T) Atlantic Pigtoe (Fusconaia masoni) and (T) Neuse River Waterdog (Necturus lewisi). WLS submitted a self -certification letter through the USFWS Information for Planning and Consultation database (IPaC) (Appendix D). The project implementation is not likely to adversely affect any federally protected species. 2.6 Cultural Resources In accordance with the National Historic Preservation Act, WLS investigated and confirmed that the proposed project area and property do not contain nor are they adjacent to any properties listed in the National Register of Historic Places or the North Carolina State Historic Preservation Office (NCSHPO). There are three survey -only sites (Brown House- WY0353, House- WY0352, and Herring -Mooring House- WY0351) located 600 feet east of the conservation easement. These sites are not currently listed in the National Register of Historic Places, nor will there be any ground -disturbing activities. 2.7 Constraints There is an existing power line that runs east to west on the bottom edge of the parcel. This powerline will not be in the conservation easement and therefore is not a concern for the project. 2.8 FEMA Floodplain / Floodway Mapping This project is not located within a FEMA-regulated floodplain. 3 Proposed Neuse Riparian Restoration Plan Riparian restoration is acceptable on the Parcel as indicated by the approved NCDWR Site Viability letter dated April 29, 2022 and corrected letter dated June 9, 2022 (Attachment A). All restoration activities along the ditches and the stream will begin from the tops of the banks and extend a maximum of 200 feet Page 6 4 Salem Nutrient Offset Bank DWR #2022-0139v2 perpendicular to the ditch where possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015). Figure 6 depicts the restoration plan based on existing conditions. The restoration of the Bank Parcel will require converting existing agricultural land use practices into a dense and diverse vegetated riparian forest. The riparian areas will be planted with appropriate native tree species. The restoration will provide stabilization and improve water quality to tributaries that drain directly into the Little River. 3.1 Parcel Preparation The current land uses adjacent to the ditches are primarily active farmland (Figure 5). The riparian restoration areas will require limited site preparation due to current tilling practices and a lack of hardened plow layers. No ripping is proposed due to the existing sandy soil conditions and no hardpan layers were found on the Bank Parcel. Prior to planting, soil samples will determine if soil amendments are needed to support the planted trees, any amendments made will be documented in the As -Built Report. 3.2 Riparian Restoration Activities Riparian restoration is proposed along both sides of the uppermost reach of Ditch 1 and along the left bank of the ditch as it turns ninety degrees at the confluence with Ditch 2. Riparian restoration also includes the right bank of Ditch 3 where it begins to flow towards the stream on the Parcel (see Figure 5) . Both Ditch 1 and Ditch 3 flow into Stream A, a small portion of Stream A will be included within the conservation easement to ensure the hydrological connection of Ditch 1 and 3 is secured. All ditches have stable banks, and no bank stabilization or earthwork is required. The revegetation plan for the entire riparian restoration area will include planting native bare root tree species. WLS removed 13,068 ftZfrom nutrient offset crediting to satisfy non -diffuse flow requirements per DWR guidance (Table 5). The reduction of credit is located where Ditches 1, 4 and 5 enter the easement (Figure 6). WLS will utilize herbicide and hand pruning to control invasive species and other undesirable vegetation during the monitoring period to promote the growth of the target community and achieve success criteria. If mowing is necessary within the conservation easement for purposes of establishing healthy stems by WLS during the monitoring period, WLS will receive approval from NCDWR prior to any mowing activities. If necessary, WLS will develop a species -specific control plan. 3.3 Planting The specific vegetation species composition planting selection is based on the community type, observation of the occurrence of species in riparian buffers adjacent to the Site, and best professional judgment on species establishment and anticipated site conditions in the initial years following project implementation. Trees will be planted at a density sufficient to meet the performance standards outlined in Rule 15A NCAC 02B 0295 of 260 hardwood trees per acre at the end of five consecutive years. Proposed plantings will predominantly consist of bare root vegetation and will be planted at a total target density of 680 stems per acre. There will be a minimum of five species planted consisting of three canopy and two sub -canopy species. No one tree species will be greater than 50 percent of the established stems. An appropriate seed mix will also be applied to provide temporary and permanent ground cover for soil stabilization and reduction of sediment loss during rain events in areas without existing herbaceous cover. The seed mix will also include pollinator species. Planting is scheduled for Winter 2024 and the list of required species Page 7 4 Salem Nutrient Offset Bank DWR #2022-0139v2 and potential additional species is shown in Table 3; any changes to species proposed to be planted will have to be pre -approved by DWR prior to implementation. Species will be well mixed before planting to ensure diversity of bare roots across the planted area. Table 3. Tree Planting and Seed Mix List Riparian Bare Root Plantings — Primary Species List (Proposed 8' x 8' Planting Spacing @ 680 Stems/Acre) Carpinus caroliana American hornbeam Sub -canopy FAC Betula nigra River birch Canopy FACW Persea borbonia Redbay Sub -canopy FACW Quercus nigra Water oak Canopy FAC Platanus occidentalis American sycamore Canopy FACW Riparian Bare Root Plantings — Additional Species List (Proposed 8' x 8' Planting Spacing @ 680 Stems/Acre Fraxinus pennsylvanica Green ash Canopy FACW Quercus alba White oak Canopy FACU Ulmus americana American elm Canopy FAC Quercus phellos Willow oak Canopy FACW Quercus laurifolia Laurel oak Canopy FACW Magnolia virginiana Sweetbay magnolia Sub -canopy FACW Temporary and Permanent Seed Mix Dichanthelium FAC 3.0 clandestinum Deer tongue Elymus virginicus Virginia wildrye FACW 3.0 Panicum virgatum Switchgrass FAC 3.0 Schizachyrium scoparium Little blue stem FACU 3.0 Rudbeckia hirta Black-eyed susan FACU 2.0 4 Monitoring and Maintenance Plan The performance criteria for the Bank Parcel will follow the approved performance criteria presented in the guidance documents outlined in the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual monitoring and semi-annual site visits will be conducted to assess the condition of the finished project. The riparian restoration project is assigned specific performance criteria components for vegetation. Performance criteria is evaluated throughout the five-year post -construction monitoring, the components are outlined below. 4.1 Monitoring Protocol Permanent vegetation monitoring plots are installed and evaluated within the riparian restoration areas to measure the survival of the planted trees. Riparian vegetation monitoring will be based on the Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2. Annual qualitative and quantitative vegetation monitoring will occur each year for a minimum of five consecutive years on the riparian restoration areas and will be conducted during the fall season with the first year occurring at least five months from initial planting. Nine vegetation monitoring plots will be installed (10m x 10m), , as well as two non -fixed random vegetation transects Page 8 4 Salem Nutrient Offset Bank DWR #2022-0139v2 (25m x 4m). These plots will cover at least two percent of the 12.32 acres of the planted area. Plots will be randomly placed throughout the planted riparian areas. The proposed location of the plots is shown in Figure 7. The two random vegetation transects will have new random locations each monitoring year and may be located at the direction of DWR to monitor potential problem areas as directed by DWR during monitoring. Photos will be taken from all photo points each monitoring year and provided in the annual reports. All planted stems within the plots will be marked with flagging tape and recorded. The following data will be recorded for all trees in the plots: species, common name, height, planting date (or volunteer), vigor and grid location. The total number of volunteer woody stems will also be documented and reported. Appropriate native volunteer stems of native hardwood tree species may be included to meet the performance standards upon NCDWR approval. 4.2 Performance Standards for Vegetation The measures of vegetative success for the Bank Parcel will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of the established stems, established at a density of at least 260 planted trees per acre at the end of Year 5. Appropriate native volunteer stems of native hardwood tree species may be included to meet the performance standards upon NCDWR approval. WLS shall submit the annual monitoring report to NCDWR by December 315t of each year for five consecutive years. 4.3 Photo Reference Stations Photographs will be taken within the project area once a year to visually document stability for five years following construction. Permanent markers will be established and located with GPS equipment so that the same locations and view directions on the Site are photographed each year. Visual inspections and photos will be taken to ensure that restored riparian areas are being maintained and compliant. 4.4 Visual Assessment Visual assessments should support the specific performance standards for each metric as described above. Visual assessments will be performed within the Site on a semi-annual basis during the five-year monitoring period. Problem areas with vegetative health will be noted (e.g., low stem density, vegetation mortality, invasive species, or encroachment). Areas of concern will be mapped and photographed accompanied by a written description in the annual report. Problem areas will be re-evaluated during each subsequent visual assessment. Should remedial actions be required, recommendations will be provided in the annual monitoring report. 4.5 Reporting Performance Criteria Within 30 calendar days after the Bank Parcel has been completed and all nutrient offset areas have been planted, WLS will submit a written notification to NCDWR that documents that all nutrient offset activities have been completed and that the conservation easement has been marked. The documentation will include the following: • Short summary of activities completed as required per the approved BPDP; • Figures representing all riparian restoration, riparian enhancement and riparian preservation activities where applicable; Page 9 4 Salem Nutrient Offset Bank DWR #2022-0139v2 • Figures representing location of all monitoring plots installed; • Detailed planting plan- including type of species planted, density of species planted, and any modifications to the planting plan from what was approved in the BPDP; • Description of how the conservation easement boundaries were marked; • Any major changes to the conservation easement boundary or to the amount of Nutrient Offset Credits from what was proposed in the approved in the BPDP. Complete monitoring reports will be prepared in the fall of each monitoring year and submitted to NCDWR. Annual monitoring reports will be based on the most recent NCDWR Template. The monitoring period will extend five years beyond the completion of site plating or until performance criteria have been met. 4.6 Conservation Easement and Long -Term Management Plan The Bank Parcel will be protected in perpetuity by a recorded conservation easement. The conservation easement is designed to ensure that Ditches 1 and 3 remain hydrologically connected to Stream A. The conservation easement includes 22 feet of Stream A that will be permanently protected. The conservation easement will allow for annual monitoring and maintenance of the Project during the monitoring phase. Upon DWR issuance of the final credit release as described in the credit release schedule of the MBI, the Project stewardship will be transferred to a DWR approved long-term steward. WLS has partnered with Unique Places To Save (UP2Save) as the long-term steward for the Project site (See Appendix C for conservation easement template and engagement letter). Unique Places To Save Attn: Michael Sisco PO Box 1183 Chapel Hill, NC 27514 803-553-1644 info@ uniqueplacestosave.org This party shall serve as conservation easement holder and long-term steward for the property and will conduct periodic inspection of the Project to ensure that restrictions required in the conservation easement are upheld. Any endowment funds for the conservation easement and deed restrictions shall be negotiated prior to transfer to the responsible party. Funding will be supplied by the responsible party on a yearly basis until such time and endowments are established. The use of funds from the Endowment Account is governed by NC General Statute GS 113A-232(d) (3). Payments and interest gained by the endowment fund may be used only for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The management activities will be conducted in accordance with the terms and conditions of the approved NOBI as agreed to by WLS. The conservation easement plat will depict all relevant ditch centerlines, top of banks, and riparian zones. The conservation easement boundaries will be identified in the field to ensure a clear distinction between the Bank Parel and adjacent properties. Boundaries may be identified by a fence, marker, bollard, post, tree blazing, or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a nutrient offset site and will include the name of the long-term steward. All boundary markers will be installed prior to the submittal of Task 2 of the NOR The Page 10 4 Salem Nutrient Offset Bank DWR #2022-0139v2 easement boundary will be checked annually as part of monitoring activities, and the conditions as well as any maintenance performed will be reported in the annual monitoring reports. The land required for riparian area planting, management, and stewardship of the project includes portions of the parcel listed in Table 4. Water & Land Solutions purchased the property in June 2022. WLS will place a conservation easement of 12.32 acres on the parcel and it will be recorded at the Wayne County Register of Deeds. UP2Save will be noted on the conservation easement as the Grantee. Table 4. Existing Property Owner Water & Land Solutions, Conservation Book: 3744 2692828741 Wayne 12.32 LLC Easement Page:491 4.7 Adaptive Management Plan In the event the site or a specific component of the site fails to achieve the necessary performance standards as specified in the approved Plan, WLS shall notify and coordinate with NCDWR to develop a remedial action plan. The remedial action plan should describe the source or reason for the failure, a concise description of the corrective measures that are proposed, and a time frame for the implementation of the corrective measures. 4.8 Financial Assurances Following approval of the Salem BPDP, WLS will provide financial assurances in the form of a Performance Bond from a surety that is rated no less than A -"as rated by A.M. Best. Financial assurances will be payable at the direction of the NCDWR to its designee or to a standby trust. The initial performance bond will be for 100 percent of the implementation costs, but not less than $150,000. In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit release. After completion of the construction and monitoring devices, a monitoring bond for $100,000 will be secured to implement the monitoring and maintenance of the riparian restoration areas for a minimum of five years. Performance bonds for monitoring shall be renewed to cover the next year's 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. Page 11 4 Salem Nutrient Offset Bank DWR #2022-0139v2 5 Project Credit Potential Out of 12.32 acres that will be protected with a permanent conservation easement, 501,546 ft' are proposed to generate nutrient offset restoration credits. The total potential nutrient offset credit that the Bank Parcel will generate is summarized in the Project Credit Table (Table 5) and is 501,546 ftzsquare feet. Nutrient Offset credit is proposed from 0'-200' along Ditch 1 and Ditch 3 and from 0'-100' on Stream A. These areas are not convertible to Riparian Buffer Credit per the NOBI. The nutrient offset credit generating area is entirely cleared active agricultural land (unforested) and includes a 0.05-acre deduction on each side of a non -diffuse flow entry point at the entry of Ditch 1, 4, and 5 into the proposed easement, per NCDWR Buffer Interpretation/Clarification 2008-019. Page 12 4 Table 5. Project Credit Table Table 5. Salem, 2022-0139 V2, Project Credits Reuse 03020261 - Outside Falls Lake Project Area N Credit Conversion Ratio (ft2/pound) P Credit Conversion Ratio (ftt/pound) 19.26394 N/A Credit Type IF Location Subject? (enter No if ephemeral or ditch t Feature Type Mitigation Activity Min -Max Buffer width (ft) Feature Name Total Area (ft�] Total [Creditable] Area of Buffer Mitigation (ft2) Initial Credit Ratio [x:1j %Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient offset? Delivered Nutrient Offset: IN(Ibs) delivered Nutrient Offset: P [Ibs] N utr ie nt Offset Rural No Ditch Restoration D-1 Do D1 234,416 1 1D6% No — Yes 12,232.140 — NutrientOffset Rural No Ditch Restoration 1D1-20D D1 200,194 1 33% No — Yes 1g446.390 — NutrientOffset Rural No Ditch Restoration 0-200 D3 32,523 1 Ml No — Yes 1,696.572 — NutrientOffset Rural No Ditch Restoration 1D1-20D D3 20,940 1 33% No — Yes 1,092.677 — NutrientOffset Rural Yes IJP Restoration D-160 StreamA 415 1 1D6% No — Yes 21.655 — INutrienOffset Rural No Ditch Restoration diffused flowt deductions 13,068 0 1 — — — Totals (ft2): Total Buffer (ft2): Total Nutrient Offset (ft2):l 501,546 0 0.000 25,499.435 1 0.000 0 a 501,546 1 N/A Enter Preservation Credits Below Total Ephemeral Area (ft2) for Credit: Total Eligible Ephemeral Area (fill Total Eligible for Preservation fft'l: Credit Type Location Subject? Feature Type Mitigation Activity Min -Max Buffer Feature Name Width (ft) Preservation Area Subtotals TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 0 D.006 Enhancement: D D.006 Preservation: D D.006 Total Riparian Buffer: 0 0.660 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: 5D1,546 25,489.435 Phosphorus: D.006 0 4 Total Area (sf) Total (Creditable) Area for Buffer Mitigation (ft2] 0 0 Ephemeral Reaches as %TABM Preservation as %TABM Initial Credit %Full Credit Final Credit Riparian Ratio [x:1] Ratio (x:1) Buffer credits 4 6 Citations Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation, Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocolv4.2- levl-2.pdf. NC Environmental Management Commission. 2014. Rule 15A NCAC 0213.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. (RBRP) Division of Mitigation Services, 2010, amended 2018. Neuse River Basin Watershed Restoration Priorities (RBRP). August 2018. Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. United States Department of Interior, Fish and Wildlife Service (USFWS). Threatened and Endangered Species in North Carolina (County Listing). Wayne County. 2017. United States Department of Agriculture, Natural Resources Conservation Service Soil Survey Division. 1994. Soil Survey, Wayne County, NC. Figures Figure 1— Project Location Map Figure 2 — Geographic Service Area Map Figure 3 — USGS Topographic/FEMA Map Figure 4— NRCS Soils Map Figure S — Existing Conditions Map Figure 6 — Nutrient Offset Concept Map Figure 7 — Proposed Monitoring Features Figure 8 — Proposed Planted Area Legend 0 Proposed Conservation HUC-8 Easement HUC-12 • Project Location Wayne County 0 Parcel Boundary 0 NC Counties Existing Stream Johnston County 0 50 100 I 0 5� i 10 r 0 Miles Miles �- ^aa, FR Project is located in: Hhnnant RCS W HUC8 - 03020201 HUC12 - 030202011604 t, w� g � cY 3 y c " 9rbc ¢ x ,�a -qsh 4 o,r C/1 a` n �`el5 L,erop�°r �,Fa R°•�r 35.456793,-77.993107 t Wilson County Wayne County IGreene County Gwange Lenolrr _ ff e Q Q tc e 9 OP bfe � 7 a Q Site Access G n 4 r aer,. G ell, J+ 10Pf 3 z � �a-� yi Ltei P° crest c,r c P re i G TdrknOr TarklinOf tr Ap rrl o E, APfiV V-'�r �unIloyver {yr Gree r 'rr �L i 4 � r'r Gthill s e ❑ o° a rierms Dr Q N Gha,cery 0 ,,�� ) 1,600 3,200 r Feet w a Salem Nutrient Offset Project Figure WATER & LAND" HUC8 Upper euse pp N03020201 Wayne County, North Carolina Project Location Map 1 SOLUTIONS Map Projection: NAD_1983_StatePlane_NC_FIPS_3200_Feet Date: 2/2/2023 S.',. Layer Credit,-S.—.,_ E,,,, HERE, G,,.,,, USGS, Int.,.,p, INCREMENT P, NRCa E- Japan, METI, E-Ch— (Hong Kong), E- Korea, E-(Thailand), NGCC, (p) Open StreetM,p contributors, and the CIS User C...1 nity Bu in or Cteetirnorr Nl .;b m !� Hillsborough : ej f urhatn chali'l Hilt/ • Site Location l3) HUC8 Neuse 01 (03020201) Service Area - Neuse 01 °i (03020201) Below Falls Lake Louisburg Yr4, F r�-r �Ir1N �I Zetxllnn -iCnig als Wendell .. Sprin j - Claytc:n Kan FligUay- 1 5 clrtr 3 Andre Sntithfief'r Coats San d _ ,P Lillingtcn guies Creek Site Location :tl IX U Es 3n 5',i 1 Erwin apt Dunn Walke"t n It CHive 0 5 10 20 Miles 1 inch = 10 miles N pax C ary Figure Salem Nutrient Offset Project Geographic Service WATER & LAND` HUC8 Upper Neuse 03020201 Wayne County, North Carolina Area Map 2 SOLUTIONS Map Projection: NAD_1983_StatePlane_North_Carolina_FIPS_3200_Feet Date: 4/11/2023 Service Layer Credits: Sources: Esri, HERE, Gar-n, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri Ch— (Hong Kong), Esri Korea, Es, (Thailand), NGCC, (o) Open Str—Map .ntrlb,—, and the GIS User Go--Ly 0 Proposed Conservation Easement Q Parcel Boundary FEMA Floodzone 100-yr (Zone AE) 100-yr (Zone AE Floodway) 500-yr (Zone X) USGS: Northeast Goldsboro l T 'I I 0 500 1,000 2,000 Feet 1 inch = 1,000 feet N Salem Nutrient Offset Project HUC 8 Upper Neuse 03020201 USGS Topo Figure WATER & LAND SOLUTIONS Wayne County, North Carolina FEMA Floodplain Map 3 Map Projection: NAD_1983_StatePlane_NC_FIPS_3200_Feet Date: 2/2/2023 Salem Nutrient Offset Project NRCS Figure WATER & LAND SOLUTIONS HUC 8 Upper Neuse 03020201 Wayne County, North Carolina Soils Map 4 Map Projection: NAD_1983_StatePlane_NC_FIPS_3200_Feet Date: 2/2/2023 40, ' Proposed Conservation Easement &'.. Parcel Boundary pp p f Utility (Powerline) ., qN a Farm Path T k ,YC 94., M.li .fie Hydrography (arrows depict flow direction) b ,jq Existing Ditch // r Stream st A Ditch 3 ' - O Stream A Origin s: � � .%•Ti � ry d. = r 3g. �s� '�:a 9!`iP-� x��f�'� y, � ,, �,., y. & .. f a" Alk r� 5 2 ell Ditch 4 r ,r i Ditch 5 3 qi _ Ditch 1 Ok 0 1kf -A -;0 0 200 400 800 AD IL ..: Feet _ : _P.__ 1 inch = 400 feet N �a "_. Salem Nutrient Offset Project Existing Figure WATER & LAND SOLUTIONS HUC 8 Upper Neuse 03020201 Wayne County, North Carolina Conditions M ap 5 Map Projection: NAD_1983_StatePlane_NC_FIPS_3200_Feet Date: 4/6/2023