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HomeMy WebLinkAboutBuffer Plan for PN Memorandum res.us To: NCDWR – Blake Hartshorn From: Matt DeAngelo, RES Katie Obenauf, RES Subject: Pantera Comment Response Memo – V2 Date: 1/25/2024 Additional comments were received from NCDWR on January 22nd. Per request, the below document is a compilation of the most recent comments received and how EBX responded to them. Throughout the buffer mitigation plan, any editorial edit from NCDWR was incorporated. Therefore, each edit was not added as a comment in the response below. If a redline word document would be helpful to see all editorial changes, EBX would be happy to provide the redline word document version to NCDWR. Figure 5: Buffer and Nutrient Offset Mitigation Conceptual 1. Add subject label for “Riparian Restoration for Buffer Credits (0-100’) like you have with the other labels. Subject was added to the end of the legend title so it now says, “Riparian Restoration for Buffer Credits (0-100’), Subject”. 2. Create an inset map zooming to the 20-29’ credit area. This inset map has been added to Figure 5. Figure 9: Monitoring Plan 3. Why is it that the plots beyond 50’ from TOB are being shared with the IRT? These areas (51’-200’) are being proposed for NOB and RBC. The non-standard buffer was not applied in the stream mitigation plan for stream credit from what DWR initially reviewed. EBX needs to confirm that there is no credit stacking beyond the 50’ from top of bank for stream credit, if no credit stacking is occurring, clarify that the performance criteria in these plots will meet performance criteria for riparian buffer mitigation and nutrient offset crediting. Plots beyond the 50’ from TOB are being shared with the IRT since the IRT has directed us to report vegetation in any area within the entire planted area of the easement. This is consistent with the Wilmington Guidance from October 2016 that states “The monitoring plots shall make up a minimum of 2% of the planted portion of the site with a minimum of 4 plots.” Since the vegetation monitoring requirements for the USACE and DWR are consistent with each other we are able to report the results from the monitoring plots to both DWR and the USACE. No credit stacking is occurring within these areas. Stream crediting stops after the standard 50’ from TOB and RES is NOT utilizing the Non-Standard Buffer Widths to seek additional stream credits. Performance criteria within the shared plots will meet that of the IRT (survival of 320 planted three-year-old trees per acre at the end of Year 3, and a minimum of 260 five-year-old trees at 7 feet in height at the end of Year 5), and by default pass the criteria set by riparian buffer mitigation and nutrient offset crediting (260 planted trees per acre at the end of Year 5). The additional criteria of at least four native hardwood tree species, where no one species is greater than 50 percent of stems will also be honored for the shared plots. 4. DWR was not aware that plots located outside of stream credit generating riparian areas (51-200’) have been reported as “shared plots” and included in the Stream monitoring reports for previous/past combo projects. Is this new? Please see attached PDF representing Tobacco Road’s monitoring plan. This sharing of plots has been consistent with how we have reported vegetation during monitoring for projects like Cedar Grove, Buffalo Branch, Polecat, Selma Mill, Stone Creek and every project we have done within recent history as a combination project. There are some instances when wetland credit is on a site that the USACE “planted area” is larger than the “Riparian Buffer Credit and Nutrient Offset Credit Area” so we have had more plots provided to 2 the USACE than DWR. RES was under the impression that this was clear to NCDWR and the USACE and has been discussed internally with the IRT. 5. Based on comments received from revisions, DWR requests to title this figure “Riparian Buffer Mitigation and Nutrient Offset Monitoring Plan” This edit has been made to Figure. Please find enclosed the final Buffer Mitigation Plan submission with changes as noted above. Do not hesitate to reach out with any question or comments. Katie can be reached by email at kobenauf@res.us or by phone at 336-705-3041. Thank you, Matthew DeAngelo Ecologist Katie Obenauf Ecologist Memorandum res.us To: NCDWR - Katie Merritt From: Matt DeAngelo, RES Katie Obenauf, RES Subject: Pantera Comment Response Memo Date: 12/13/2023 Comments were received from NCDWR on October 25th. Per request, the below document is a compilation the comments received and how EBX responded to them. Throughout the buffer mitigation plan, any editorial edit from NCDWR was incorporated. Therefore, each edit was not added as a comment in the response below. If a redline word document would be helpful to see all editorial changes, EBX would be happy to provide the redline word document version to NCDWR. COVER 1. Correct the version number to version 3. This has been revised. SECTION 1: Mitigation Project Summary 2. RES is not the Bank Sponsor, it is Environmental Banc & Exchange, LLC. Throughout the plan it refers to RES instead of EBX. Correct throughout. “RES” has been corrected to “EBX” throughout the report. 3. Explain if there are or are not non-standard buffer widths being applied to the stream mitigation. EBX does not intend to use non-standard buffer widths to apply to the stream mitigation. This has been referenced in the report in Section 3 Riparian Restoration and Preservation Plan. See response to comment #9. SECTION 1.1: Project Overview 4. Reference the concept map in the 401 plan to add reference to stream and/or wetland mitigation credit areas. Figure 11 from the Stream and Wetland Mitigation Plan for the Pantera Mitigation Project has been referenced in the report. Section 1.3.3: Existing Landscape Condition 5. I did not see current condition photos to support that land use has not changed since the site visit with DWR in June 2022. Provide current photos showing riparian conditions that are representative of the time this plan was submitted. Section 1.3.5 has Existing Conditions Photos. The photos have been updated as of December 13th, 2023. 6. D1 is noted in the site viability letter but is not referenced in this section. Add a description for D1 since it is within the proposed CE boundary. A description of D1 was added to the end of section 1.3.3. Riparian Area Conditions. 7. As discussed in the field, all labels on features need to match the levels of features/reaches used in the Site Viability letter. Change all labels in the text supporting figures and on the project credit table to match the way they are presented in the Site Viability letter. Feature labels in the text, supporting figures, and on the project credit table have been updated to match how they are presented in the Site Viability Letter. Section 1.3.5 8. These are good photos but the January photos are old. Add more recent photos to replace the January photos showing the riparian conditions more current to the submittal of this plan. Photos have been updated. A new set of photographs were taken on December 13th, 2023. 2 Section 3: Riparian Restoration and Preservation Plan 9. This might be a better place to state that EBX is not using the non-standard buffer width to gain additional stream credits. The fact that EBX is not using the non-standard buffer width for additional stream credits has been stated here in Section 3. Section 3.1: Site Preparation 10. Reference a tree survey in this section. A tree survey will be required with the submittal of this plan. As discussed in the field the tree survey will be overlayed on the as-built survey to make sure that no areas in the trees today are proposed for restoration at as-built. Include a tree line survey in the figures. The requested tree line survey is now mentioned in this section. Additionally, this survey line has been included on Figures 4 and 5. 11. Commit to spreading the topsoil evenly within riparian areas, including areas generating nutrient offset and riparian buffer credits 0-200’. It has been observed in the past that providers have scraped the topsoil out of the riparian areas to use for stream or wetland mitigation needs and the vegetation is negatively impacted in areas generating buffer and nutrient offset. This is not allowed to happen. EBX has committed to spreading topsoil throughout disturbed areas of the project in Section 3.1. Section 3.2.1: Riparian Restoration Activities - Streams 12. Add a section describing riparian restoration on Ephemeral channels and how EBX is complying with 0295 (7). There also needs to be a watershed map included in the figures and referenced in this new section. See 0295 (7) for rule expectation. This information has been added in section 3.2.2 Riparian Restoration Activities – Ephemeral. Section 3.2.2: Riparian Restoration Activities - Ditch 13. This section is no longer needed. As discussed in the field, since EBX is modifying the ditch it is no longer viable to generate buffer or nutrient offset credits. Remove from the tables and supporting figures where appropriate. Since it is no longer viable, you are allowed to pull widths off PH4 instead of D1. This section has been changed to provide information on riparian restoration on the Ephemeral channels. D1 has been removed from tables and figures where appropriate. Section 3.2.3: Riparian Preservation Activities 14. Reference the tree line survey you will add in the Figures. It is recommended to add it to Figure 4 & 5. This reference has been included in this section. Section 3.2.4: Planting Plan 15. No shrubs, just trees? Throughout Section 3.2.4, some clarifying language was added in areas where the word “trees” was used. The word “trees” was either replaced with “stems” or the addition of “or shrubs” was added. 16. Commit to mixing stems prior to planting to ensure good stem diversity across the site. At the end of the first paragraph in Section 3.2.4, the sentence “To ensure species diversity across the Project area, bare root stems will be well mixed before planting.” was included. 17. It states that 7 different species will be planted, but more than 7 are shown in the tree planting list Table5. DWR excepts all the trees shown in Table 5 to be planted if being proposed. If anticipating to plant less than the species proposed, include the "% composition" of each tree to confirm the planting plan proposed complies with the performance standard " no one tree species will be greater than 50%"/ The % composition column is not accurate if EBX isn't planting all that is listed in the table. Adjust the table accordingly and only show the number of species EBX truly intends to plant. It is also important to note that 7 different species could imply 7 different oaks and still comply with your statement. DWR would not accept a planting plan of 7 different oak species. This is also why DWR wants a more reliable planting list. The statement about a minimum of 7 species was added to the mitigation plan per DWR guidance on past buffer plans. EBX has been successful at planting all proposed planting species in the planting plans for the past few years. Therefore, this language was removed. However, EBX did add “If a species on the list is unavailable at the time of planting the percent composition of another species on the list will be increased, although no one species will have a composition over 50%. If any changes are needed to the planting list before planting, EBX will submit a request to DWR for approval of a modified planting list. With that said, EBX intends to plant all 12 species listed in Table 5.” 3 TABLE 5: Pantera Project Tree Planting Lists 18. Add a “shrub/tree” column and update accordingly. In Table 5, the sub-canopy/canopy column was removed and a new column to describe “Form” was added so that the distinction between a tree, small tree, or shrub could be added. This is because some of the species in the Pantera Planting Plan like Sweetbay, ironwood, and flowering dogwood are not considered shrubs but are small trees found in the sub-canopy. Section 4.1: Monitoring Protocol and Success Criteria 19. The only plots DWR cares about EBX including in monitoring reports are the plots that represent the buffer and nutrient offset credit generating areas. Not all 38 plots should be in the stream credit or wetland credit areas correct? Explain how the randomization of plots will be achieved each monitoring year...at a minimum, DWR needs to know that EBX will be rotating the plots within different width areas to show adequate representation of the different widths represented in the project credit table and corresponding credit figure for RBC and NOC credit generating areas. It is ok to share plots within the 0-50’ riparian zone with the USACE but beyond the 50’ unless there are stream and wetland credits being generated, those plots should be devoted to achieving DWR performance standards. Based on conversations and comments from the IRT, RES has switched four fixed vegetation plots to four random vegetation plots that will be reported to DWR each year. A description of the random vegetation plots and the areas they will be used to monitor is provided in Section 4.1. 20. Vigor needs to be addressed in these reports as well. How does EBX propose to present vigor data? EBX records vigor for every tree, each year they are monitored, in the CVS monitoring form. Section 6: Mitigation Potential 21. This section will change after removing D1. This section has been updated to reflect the removal of D1. Table 6: Project Credits 22. PH7 is not subject but is represented in the table as subject. Create a separate row for PH7. A separate row for PH7 was created and updated. 23. Remove D1 assets from the table. D1 assets have been removed from the table. 24. Change all feature names to match site viability letter and update credit asset figure. Feature names have been changed to match site viability letter and the credit asset figure has been updated. 25. Where it says “no” in the “Convertible to Riparian Buffer?” column, remove the total areas from the “total Creditable for Buffer” column. The total areas from the “Total Creditable for Buffer” column have been removed for any entry in the “Convertible to Riparian Buffer” column that says “No”. Figure 1: Buffer Mitigation and Nutrient Offset Service Areas 26. Change to “Nutrient Offset and Riparian Buffer Credit Service Area”. Changed. Figure 4: Existing Conditions 27. Carry over the ephemeral and IDWR feature origins to all figures. The ephemeral and IDWR feature origins have been added to all figures. Figure 5: Buffer and Nutrient Offset Mitigation Conceptual 28. Change the symbology of riparian restoration on non subject PH7 to see it more clearly. Maybe a yellow dot would work? The symbology on PH7 has been updated for clarity. 29. Remove the shading of Green to represent the wetland areas. Just leave it gray. Green blends in too much with the preservation. The symbology for the wetlands areas has been changed to gray. 30. Add a “Riparian Restoration for Buffer Credits” on the “Non Subject” stream too. “Riparian Restoration for Buffer Credits (0 – 100’), Non-Subject” has been added to the figure. 4 Figure 8: Riparian Zones 31. Remove width boundaries from D1 and just show off PH4. Width boundaries from D1 have been removed. Figure 8 now shows width boundaries off PH4. Figure 9: Monitoring Plan 32. Text within the report indicates a combination of Fixed vs. Random. Where will the fixed plots be? Fixed vegetation plots have been added to Figure 9 and are shown as green squares on Figure 9. The four random vegetation plots are pink rectangles and are only for representation of potential locations. These plots will move each year. 33. Update this figure as requested on previous figures. Show which plots are “Shared” between IRT and DWR for both buffer and stream. Only show SHARED plots that are within the 0-50’ since those are the only plot data that EBX should be including in the stream reports. The 51-200’ plots are solely for meeting performance standards for RBC and NOC. Recommended EBX update the monitoring map for the stream plan as well. All plots shown on Figure 9 are considered shared between the IRT and DWR for both buffer and stream. Until further guidance comes out from the IRT and NCDWR, EBX feels that this is the best approach and consistent with how we have done monitoring reporting for combination projects in the past. Please find enclosed the final Buffer Mitigation Plan submission with changes as noted above. Do not hesitate to reach out with any question or comments. Katie can be reached by email at kobenauf@res.us or by phone at 336-705-3041. Thank you, Matthew DeAngelo Ecologist Katie Obenauf Ecologist Final Buffer Mitigation and Nutrient Offset Plan Pantera Mitigation Project January 2024 DWR #: 2022-0452 V.3 Neuse River Basin | HUC 03020201, Excluding Falls Lake Watershed Wayne County, North Carolina Prepared By: Resource Environmental Solutions, LLC For Environmental Banc & Exchange (EBX) 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 Pantera Buffer Mitigation Plan 2 January 2024 Table of Contents 1 MITIGATION PROJECT SUMMARY .................................................................................................... 4 1.1 Project Overview .............................................................................................................................................................. 4 1.1.1 Parcel Ownership ................................................................................................................................................... 6 1.2 Project Location ................................................................................................................................................................ 6 1.3 Existing Conditions ......................................................................................................................................................... 6 1.3.1 Surface Water Classification .............................................................................................................................. 6 1.3.2 Physiography and Soils ........................................................................................................................................ 7 1.3.3 Existing Landscape Condition ............................................................................................................................ 8 1.3.4 Wetlands ................................................................................................................................................................. 10 1.3.5 Existing Conditions Photos .............................................................................................................................. 11 2 REGULATORY CONSIDERATIONS .................................................................................................... 13 2.1 Threatened and Endangered Species................................................................................................................... 13 2.2 Cultural Resources ........................................................................................................................................................ 14 2.3 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping ......................... 14 2.4 Project Constraints ....................................................................................................................................................... 14 3 RIPARIAN RESTORATION AND PRESERVATION PLAN ................................................................. 16 3.1 Site Preparation ............................................................................................................................................................. 16 3.2 Methods ........................................................................................................................................................................... 17 3.2.1 Riparian Restoration Activities - Streams .................................................................................................. 17 3.2.2 Riparian Restoration Activities - Ephemeral ............................................................................................. 18 3.2.3 Riparian Preservation Activities ..................................................................................................................... 18 3.2.4 Planting Plan ........................................................................................................................................................ 19 3.2.5 Easement Boundaries and Fencing............................................................................................................... 20 3.2.6 DWR As-Built Evaluation ................................................................................................................................. 21 4 MONITORING AND MAINTENANCE PLAN ..................................................................................... 21 4.1 Monitoring Protocol and Success Criteria .......................................................................................................... 21 4.2 Adaptive Management Plan and Site Maintenance ....................................................................................... 22 4.3 Long Term Management Plan ................................................................................................................................. 22 5 FINANCIAL ASSURANCE ................................................................................................................... 23 6 MITIGATION POTENTIAL.................................................................................................................. 23 7 REFERENCES ....................................................................................................................................... 30 Pantera Buffer Mitigation Plan 4 January 2024 1 MITIGATION PROJECT SUMMARY Environmental Banc & Exchange, LLC (EBX), a wholly owned subsidiary of Resource Environmental Solutions (RES), is pleased to provide this Buffer Mitigation and Nutrient Offset Plan (Plan) for the Pantera Riparian Buffer Mitigation and Nutrient Offset Bank (Project) under the proposed Pantera Mitigation Banking Instrument (MBI) that is being made between the Bank Sponsor, Environmental Banc & Exchange, LLC (EBX), and the North Carolina Department of Environmental Quality-Division of Water Resources (DWR). This Project is designed to provide riparian buffer and nutrient offset credits for unavoidable impacts due to development within the Neuse River Basin, United States Geological Survey (USGS) 8-digit Cataloguing Unit 03020201 (Neuse 01), excluding Falls Lake Watershed (Figures 1 & 2). This Plan is in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and Nutrient Offset Credit Trading Rule 15A NCAC 02B .0703, and the proposed Pantera MBI (Appendix AA). The Plan has also been designed in concurrence with the Pantera Stream and Wetland Mitigation Project, a stream and wetland mitigation bank, (SAW-2022-00606, DWR #2022-0452-V.3). The Pantera Stream and Wetland Mitigation Project is proposed to provide 10,733.586 Stream Mitigation Units (SMUs) and 2.946 Wetland Mitigation Units (WMUs) within the conservation easement through a separate mitigation banking instrument with the NC Interagency Review Team (IRT). 1.1 Project Overview When combining the Pantera Stream and Wetland Project with the Pantera Riparian Buffer Mitigation and Nutrient Offset Project, the conservation easement will total approximately 65.58 acres. The Project includes one main unnamed headwater tributary and six smaller adjoining tributaries that drain directly into a larger, unnamed tributary to Falling Creek, just offsite to the north (Figure 3). The majority of the Project has been used for row crop production or remained forested (Figure 4). The land surrounding the Project is mixed-use agriculture, forest, and a low-density residential (Figure 4). Water quality stressors currently affecting the Project include heavily manipulated/relocated and maintained stream channels, active row crop, lack of forested riparian buffers, and presence of invasive plant species. Current riparian conditions demonstrate significant degradation with the loss of stabilizing vegetation specifically due to continued crop production. The goal of the Pantera Riparian Buffer and Nutrient Offset Project is to restore, enhance, and preserve ecological function to the existing stream and wetland complexes and their associated riparian areas, in order to compensate, in appropriate circumstances, for unavoidable riparian buffer impacts and nutrient load reduction requirements. This goal will be accomplished by establishing appropriate plant communities while minimizing temporal and land disturbing impacts. Riparian area improvements will convert land use from farm to forest within a conservation easement and additionally filter runoff from remaining agricultural fields outside the easement, thereby reducing nutrient and sediment loads to Project channels and provide water quality benefit to the overall watershed. The Pantera Project is composed of a combination of seven ephemeral, intermittent, and perennial tributaries, and one ditch, of an unnamed tributary to Falling Creek. Some of the Project tributaries are broken into multiple reaches based on existing conditions and/or stream mitigation approaches proposed Pantera Buffer Mitigation Plan 5 January 2024 in the Stream and Wetland Mitigation Plan. PH1 is the main stream feature in the Project. It is a perennial stream. There are six other tributaries, referred to as PH2, PH3, PH4, PH5, PH6), and PH7. Some of these tributaries are split into sub-reaches (PH1-A, PH1-B, PH1-C, PH3-A, PH3-B, PH3-B, PH6-A and PH6-B) based on stream mitigation approach; however, for the purposes of this plan, they are lumped as one single channel where appropriate. These are all intermittent except PH6-A which is ephemeral. There is also one ditch, D1, that drains to PH4. There are also two jurisdictional wetlands within the boundaries of the proposed Project (Figure 4). Stream determinations were verified by the DWR site visit on June 1, 2022, and a final determination letter was received on June 13, 2022. Buffer mitigation and Nutrient offset viability determinations were verified by the DWR site visit on June 23, 2022, and a site viability letter was received on May 4, 2023. Subjectivity of streams was based on review of the quadrangle topographic map prepared by the USGS and the most recent printed version of the soil survey map for Wayne County prepared by the Natural Resources Conservation Service (NRCS). The riparian buffers of PH1, PH2, PH3, PH4, PH5, and PH6-B were determined to be subject to the Neuse Buffer Protection Rules (“Subject”). The riparian buffers of D1, PH6- A, and PH7 are not subject to the Neuse Buffer Protection Rules (“Non-Subject”). Correspondence regarding these determinations can be found in Appendix AB. Buffer and riparian area mitigation efforts along the Project streams will be accomplished through stream restoration and preservation, along with the planting, establishment, and protection of a native hardwood forest community, and will include invasive species treatment where necessary. The result will be a riparian area that functions to mitigate nutrient and sediment inputs from the surrounding uplands. The buffer mitigation components of the mitigation plan proposed is being submitted for review under the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and the nutrient offset components in the Plan are proposed under the Nutrient Offset Credit Trading Rule 15A NCAC 02B .0703 and using 15A NCAC 02B .0295 to define the mitigation type determinations and performance standards. In addition to traditional riparian restoration, the Project will also incorporate the alternative buffer mitigation options: Preservation of Buffers on Subject streams, as outlined in 15A NCAC 02B .0295 (o)(5); Restoration of Buffers on Ephemeral Channels, as outlined in 15A NCAC 02B .0295 (o)(7); and Preservation of Buffers on Non- subject Streams, as outlined in 15A NCAC 02B .0295 (o)(4). Restored riparian areas will have a minimum width of 20 feet adjacent to streams and maximum widths of 200 feet. As outlined in this mitigation plan, any areas of riparian restoration proposed for nutrient offset credit would rely on nutrient offset credit calculations in accordance with the “NCDWR – Methodology and Calculation for determining Nutrient Reductions associated with Riparian Buffer Establishment.” Under this Plan, the riparian buffer mitigation areas will entail: · top of bank to 100 feet of Restoration on intermittent and/or perennial streams; · top of bank to 100 feet of Restoration on an ephemeral feature; · top of bank to 100 feet of Preservation on intermittent and/or perennial, Subject streams; and · top of bank to 100 feet of Preservation on intermittent and/or perennial, Non-subject streams. The nutrient offset credit areas will entail: Pantera Buffer Mitigation Plan 6 January 2024 · top of bank to 100 feet of riparian restoration on an ephemeral feature; · 101 to 200 feet of riparian restoration on intermittent and/or perennial streams; and · 101 to 200 feet of riparian restoration on an ephemeral feature. Figure 5 shows the Buffer and Nutrient Offset Conceptual Design Plan and Section 6 provides details of the potential credit generation on the Pantera Project. For stream and wetland mitigation credit areas reference Figure 11 in the Stream and Wetland Mitigation Plan for the Pantera Mitigation Project (SAW- 2022-00606). Additionally, Figure 13 in the Stream and Wetland Mitigation Plan shows all of the Project Assets being delivered within the Pantera conservation easement to ensure there is no overlap in credit generation. 1.1.1 Parcel Ownership The land required for the construction, management, and stewardship of this Project includes four parcels in Wayne County with the following ownership listed in Table 1 (Figure 4 of Stream and Wetland Plan). EBX will obtain conservation easements from the current landowner on all parcels. The Wilmington District Conservation Easement model template was utilized to draft the site protection instrument. Once recorded, the secured easements will allow EBX to proceed with the Project development and protect the mitigation assets in perpetuity. Once finalized, a copy of the site protection instrument(s) will be included in Appendix B of the Stream and Wetland Mitigation Plan. Table 1. Parcel and Landowner Information 1.2 Project Location The Pantera Project is located in the Neuse River Basin (8-digit HUC 03020201), within the Lower Falling Creek Subwatershed, USGS 12-digit HUC 03020201170020 and DWR Subbasin Number 03-04-12. The Project is located in Wayne County, approximately 9 miles southwest of downtown Goldsboro, NC near the intersection of Falling Creek Church Road and Sambo Lambert Road (Figure 2). To access the parcel from Goldsboro, NC, travel approximately 7.7 miles southwest on Stevens Mill Road and turn left onto Falling Creek Church Road. After approximately 1 mile the Project will be on the right, with access via a dirt road at the address 679 Falling Creek Church Road another mile down the road. The latitude and longitude of the access road to the Project are 35.3229, -78.1583. 1.3 Existing Conditions 1.3.1 Surface Water Classification The Project area includes a network of unnamed tributaries that drain to a larger, unnamed tributary to Falling Creek, which eventually drains to the Neuse River, north of the Project. Falling Creek has been Landowners Pin or Tax Parcel ID Agreement Type County Patricia Smith Hinnant (Norwood Ligon) 2557034427 2557057552 2557340089 2557248711 Easement Wayne Pantera Buffer Mitigation Plan 7 January 2024 classified as Water Supply-IV (WS-IV) and Nutrient Sensitive Waters (NSW). Waters classified as WS-IV refers to waters that are used as sources of water supply for drinking, culinary, or food processing purposes, and they are also protected as Class C waters. NSW is a supplemental classification intended for waters needing additional nutrient management due to being subject to excessive growth of microscopic or macroscopic vegetation (NCDWQ 2019). Natural drainage patterns throughout the watershed have been altered by agricultural production, artificial impoundments, and dredging of channels. 1.3.2 Physiography and Soils The Project is located within the Rolling Coastal Plain Level IV ecoregion, within the Southeastern Plains Level III ecoregion, which is characterized by greater relief, elevation, and stream gradients compared to the Mid-Atlantic Coastal Plain to the east. This ecoregion contains both dissected irregular and smooth plains, and low to moderate gradient sandy-bottomed streams that branch from broad interstream divides with steep to moderately gentle side slopes. The ecoregion also contains better drained soils and a slightly cooler and shorter growing season than the Mid-Atlantic Coastal Plain; however, it is still a productive agricultural region with typical crops of corn, soybeans, tobacco, cotton, sweet potatoes, peanuts, and wheat (Giffith et al., 2002). The 2023 Natural Resources Conservation Service (NRCS) Web Soil Survey shows seven soil map units across the project. Project soil map units (of various slopes and modified regimes) are mapped by the NRCS as Bibb sandy loam, Lynchburg sandy loam, Norfolk loamy sand, Rains sandy loam, and Wagram loamy sand (Figure 6). The specific map units are detailed below in Table 2. Pantera Buffer Mitigation Plan 8 January 2024 Table 2. Mapped Soil Units within Project Limits Map Unit Symbol Map Unit Name Percent Hydric Drainage Class Hydrologic Soil Group Landscape Setting Bb Bibb sandy loam 90% Poorly drained A/D Floodplains GoA Goldsboro loamy sand, 0 to 2 percent slopes, Southern Coastal Plain 0% Moderately well drained B Broad interstream divides and flats on marine terraces Ke Kenansville loamy sand 0% Well drained A Stream terraces Ly Lynchburg sandy loam, 0 to 2 percent slopes 8% Somewhat poorly drained B/D Broad interstream divides and flats on marine terraces NoB Norfolk loamy sand, 2 to 6 percent slopes 0% Well drained A Broad interstream divides and flats on marine terraces NoC Norfolk loamy sand, 6 to 10 percent slopes 0% Well drained A Broad interstream divides and ridges on marine terraces NrB2 Norfolk loamy sand, 6 to 10 percent slopes, eroded 0% Well drained B Broad interstream divides and ridges on marine terraces Ra Rains sandy loam, 0 to 2 percent slopes 90% Poorly drained A/D Broad interstream divides, flats, and Carolina Bays on marine terraces WaB Wagram loamy sand, 0 to 6 percent slopes 5% Well drained A Broad interstream divides and ridges on marine terraces 1.3.3 Existing Landscape Condition Existing Land Characteristics Current land use in the vicinity of the Project is a combination of row crop, silviculture, and disturbed riparian forest (Figure 4). These farming activities, both presently and historically, have contributed to the significant habitat degradation evident throughout the Project streams and riparian areas. The Project reaches are generally channelized, lack bedform diversity, and are entrenched with eroding banks. All channels, including streams, ditch D1 and the ephemeral feature have been in place since at least 1950 (Figures 7a & 7b). Forested areas throughout the Project are composed of mixed hardwoods, varying in age and size, shrub trees, and a combination of wetland and non-wetland herbaceous vegetation. Some reaches are dominated by invasive species introduced from surrounding suburban development. The open areas are in crop production. The site viability for buffer mitigation and nutrient offset letter from DWR, dated May 4, 2023, in Appendix AB, provides details on land-uses within the riparian areas on the site. Land use has not changed since the site visit with DWR in June 2022. Pantera Buffer Mitigation Plan 9 January 2024 Existing Vegetation Communities Based on present species composition and overall regional characteristics of the area, the natural communities within the Project boundaries most closely represent a combination of Mixed-mesic Hardwood Forests (Coastal Plain Subtype) and the Coastal Plain Small Stream Swamp community (Schafale, 2012). Current land use around the Project is primarily comprised of active cropland with some forested riparian area (Figure 4). Historic row crop has been evident throughout the proposed Project boundaries since at least 1950 (Figures 7a & 7b). Upland forested areas are reminiscent of Mixed-mesic Hardwood Forest (Coastal Plain Subtype) community and transition downgradient to wetland areas that resemble a Coastal Plain Small Stream Swamp community. Common species within the Project include, loblolly pine (Pinus taeda), red maple (Acer rubrum), yellow poplar (Liriodendron tulipifera), sweetgum (Liquidambar styraciflua), water oak (Quercus nigra), northern red oak (Quercus rubra), swamp chestnut oak (Quercus michauxii), sweetleaf (Symplocos tinctoria), sweetbay magnolia (Magnolia virginiana), American holly (Ilex opaca), musclewood (Carpinus caroliniana), sweet pepper bush (Clethra alnifolia), elderberry (Sambucus canadensis), greenbrier (Smilax sp.), blackberry (Rubus sp.), river cane (Arundinaria gigantea), common rush (Juncus effusus), little bluestem (Schizachyrium scoparium), Japanese stiltgrass (Microstegium vimineum), and dog fennel (Eupatorium capillifolium). The herb stratum throughout many of the wetland areas and forest understory includes cinnamon fern (Osmunda cinnaomea), royal fern (Osmunda regalis), switchcane (Arundinaria tecta), slender woodoats (Chasmanthium laxum), roundleaf greenbrier (Smilax rotundifolia), bristly dewberry (Rubus hispidus), and evening trumpetflower (Gelsemium sempervirens). Areas of exotic invasive species are small, and include Chinaberry (Melia azedarach), Chinese privet (Ligustrum sinense), and glossy privet (Ligustrum lucidum). Cattails (Typha sp.) were also observed in one of the Project streams (PH6). The streams within the Project boundaries are described below. Riparian Area Conditions In general, the Project reaches do not function to their full potential. Current conditions demonstrate significant habitat and water quality degradation with a loss of stabilizing vegetation because of impacts from ongoing crop production. Throughout the Project there are also invasive plant species present. Reach PH1 enters the project through a NCDOT culvert under Falling Creek Church Road from the southeast and flows north through the project area, exiting to the north before coming to a confluence with the larger unnamed tributary to Falling Creek downstream. PH1 scores as a perennial stream in its entirety within the Project. The riparian areas consist of agricultural fields at the top of the reach, and gradually transitions to more wooded areas further downstream. The crop fields were observed to be in a crop rotation of corn, soybean, and sweet potatoes. PH2 is an intermittent stream that begins below an NCDOT culvert under Falling Creek Church Road and flows west into the project before its confluence with PH1. The riparian area along its whole length consists of row crops that extend to the tops of banks. The crop fields were observed to be in a crop rotation of corn, soybean, and sweet potatoes. Pantera Buffer Mitigation Plan 10 January 2024 PH3 is an intermittent stream which begins at the northeastern-most extent of the Project below an NCDOT culvert under Falling Creek Church Road. The tributary flows west and shares a confluence with reach PH7 and eventually drains to reach PH1 off-site. The riparian area consists of hardwood forest and is wide along both banks, but the invasive Chinese Privet is common throughout. Reach PH4 is an intermittent stream that enters the Project below a culverted farm crossing and flows northeast to its confluence with PH1. The riparian area along its whole length consists of row crops that extend to the tops of banks. The crop fields were observed to be in a crop rotation of corn, soybean, and sweet potatoes. PH5 is an intermittent reach that begins at the west side of the project below a culverted farm crossing and flows northeast before taking a 90-degree bend approximately halfway down its length, after which it continues to flow east to its confluence with PH1. The riparian area along the upper two-thirds of the reach consists of row crops that extend to the tops of banks; however, there is some forested buffer off the left bank on the lower third of the reach. Notably, the exotic invasive Chinaberry is present within this forested riparian area. The crop fields were observed to be in a crop rotation of corn, soybean, and sweet potatoes. PH6 is the northwestern-most tributary of the Project and flows generally west to east before draining into the swamp system of the unnamed tributary to Falling Creek downstream of the Project. It is split into two reaches (PH6-A and PH6-B) based on existing conditions and proposed stream mitigation treatment. PH6- A was determined to be ephemeral while the downstream reaches are at least intermittent. The riparian areas consist of agricultural fields at the top of the tributary but transitions to forest downstream. Notably, the exotic invasive Chinese privet is present in the forested riparian area. The crop fields were observed to be in a crop rotation of corn, soybean, and sweet potatoes. PH7 is an intermittent stream that begins on the east side of the project through a NCDOT culvert under Falling Creek Church Road and flows northwest to its confluence with reach PH3. The riparian area is mostly forested except for a portion off the upper left bank of reach PH7- which is comprised of crop field. The crop fields were observed to be in a crop rotation of corn, soybean, and sweet potatoes. The forested riparian area does contain substantial Chinese privet. D1 is a ditch originating in the crop field south of PH4 and generally flowing northwest until its confluence with PH4. The riparian area along its whole length consists of row crops that extend to the tops of banks. The crop fields were observed to be in a crop rotation of corn, soybean, and sweet potatoes. 1.3.4 Wetlands The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts three wetland types within the Project bounds (Figure 4). The wetland types include palustrine, scrub-shrub, broad-leaved deciduous, temporarily flooded waters (PSS1A); palustrine, emergent, persistent, semi permanently flooded waters (PEM1F); and palustrine, forested, broad-leaved deciduous, temporarily flooded waters (PFO1A). A delineation of existing wetlands was performed in December 2022 and January 2023. The delineation was performed using current methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (Environmental Laboratory 1987) and Regional Supplement to the U.S. Army Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0) (U.S. Army Corps of Engineers 2010). A total of two jurisdictional wetlands were observed in and adjacent to the proposed Project boundaries (Table 3 & Figure 4). Pantera Buffer Mitigation Plan 11 January 2024 Table 3. Existing Wetland Resources Summary at Pantera Mitigation Site * Classification is based upon current conditions. A preliminary jurisdictional determination (PJD) request was sent to the USACE on March 3, 2023 and wetland determinations have yet to be verified by the USACE. The final PJD has not yet been received. Wetland forms are included in Appendix C of the Pantera Stream and Wetland Mitigation Plan. 1.3.5 Existing Conditions Photos Buffer Condition along PH1 (at road) December 13, 2023 Buffer Condition along PH1 (preservation) December 13, 2023 Buffer Condition along PH1 (preservation) March 28, 2023 Buffer Condition along PH2 December 13, 2023 Site Number Est. amount of aquatic resource in review area Type of aquatic resource (i.e., wetland vs. non- wetland waters) Cowardin Class* Class of aquatic resource Geographic authority to which the aquatic resource “may be” subject WA 4.778 acres PFO Section 404 WB 5.022 acres PFO Section 404 Total 9.800 acres Pantera Buffer Mitigation Plan 12 January 2024 Buffer Condition along PH3 March 28, 2023 Buffer Condition along PH4 December 13, 2023 Buffer Condition along PH5 December 13, 2023 Buffer Condition along PH5 December 13, 2023 Buffer Condition along upper PH6 December 13, 2023 Buffer Condition along lower PH6 March 28, 2023 Pantera Buffer Mitigation Plan 13 January 2024 Buffer Condition along PH7 December 13, 2023 Buffer Condition along PH7 December 13, 2023 2 REGULATORY CONSIDERATIONS 2.1 Threatened and Endangered Species Plants and animals with a federal classification of endangered or threatened are protected under provisions of Sections 7 and 9 of the Endangered Species Act (ESA) of 1973, as amended. Based on an initial review of the United States Fish and Wildlife Service’s (USFWS) Information for Planning and Consultation (IPAC) database review tool (accessed February 7th, 2023), the list of threatened or endangered species potentially affected by activities in the location of the Pantera project includes the Red-cockaded woodpecker (Picoides borealis), Neuse River Waterdog (Necturus lewisi), and Carolina madtom (Noturus furiosus). No protected species or potential habitat for protected species was observed during preliminary site evaluations. Two additional species, tricolored bat (Perimyotis subflavus), a proposed endangered species, and the monarch butterfly (Danaus plexippus), a species for federal protection, are listed as well, although neither species has federal protection at this time. Habitat for the tricolored bat is possible in the mature forests of the wetland to the northeast. A summary of federally-protected species in Wayne County is included in Table 4. Table 4. Federally Protected Species in Wayne County Common Name Scientific name Federal Status Habitat Present Record Status Red-cockaded woodpecker Picoides borealis E No Current Neuse River Waterdog Necturus lewisi T No Current Carolina Madtom Noturus furiosus T No Current Tricolored Bat Perimyotis subflavus PE Yes Current Monarch Butterfly Danaus plexippus C No Current E = Endangered, T = Threatened, PE = Proposed Endangered, C= Candidate The proposed Project offers some potential to improve and create habitat for wildlife species. Habitat may be improved or created for species that require riverine habitat by improving water quality, in-stream and Pantera Buffer Mitigation Plan 14 January 2024 near-stream forage, and providing stable conditions not subject to regular maintenance. With the potential for monarch butterfly within proximity to the Project, a pollinator-friendly seed mix will be proposed in order to attract and promote pollinator species. In addition to the USFWS database, a query of the NC Natural Heritage Program’s (NHP) database was performed to determine whether previously cataloged occurrences of protected species were recorded within a one-mile radius of the Project. Results from the query (May 2, 2023) indicate that there are no known occurrences of federal or state threatened or endangered species within a two-mile radius of the Project area. Based on initial site investigations and USFW correspondence, no impacts to state protected species are anticipated as a result of the proposed project. Documentation is found in Appendix C of the Pantera Stream and Wetland Mitigation Plan. The North Carolina Wildlife Resources Commission (NCWRC) was also consulted to review the Project for any possible concerns. Because NCWRC did not comment during the Project’s public notice period, a letter was sent to NCWRC in March 2023, and EBX is awaiting a response. Correspondence is found in Appendix C of the Pantera Stream and Wetland Mitigation Plan. 2.2 Cultural Resources A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed November 2021) database did not reveal any registered historic or archeological occurrences within the Project area. The search did however reveal there are ten historical houses or churches that have been surveyed within the one-mile radius. There are no anticipated impacts from Project activities to state surveyed properties as there are none in the proposed Project vicinity. A letter from the SHPO dated August 4, 2022 in response to public notice, stated that there will be no effect on historic resources. Correspondence is provided in Appendix C of the Pantera Stream and Wetland Mitigation Plan. In compliance with 15A NCAC 02R .0403(c)(7), (8), and (11), the areas of preservation within the Project include “the absence of extensive structures and infrastructure” (7), “the absence of hazardous substance and solid waste” (8), and “the absence of encumbrances and conditions on the transfer of the property interests” (11). An EDR, received in May 2023, is provided in Appendix AC. 2.3 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping According to the North Carolina Floodplain Mapping Information System, all reaches are within areas of minimal flood risk. No hydrologic trespass will be permitted to adjacent properties upstream or downstream of the Project. The Project can be found on Flood Insurance Rate Maps (FIRM) Panel 370254 (map number 3720255700K) effective date June 20, 2018 (Figure 4). A hydrologic analysis will be completed on the existing and proposed conditions of these reaches. Further information can be found in the Pantera Stream and Wetland Mitigation Plan. 2.4 Project Constraints Due to landowner requirements, there will be one crossing located on reach PH1-A where the existing, breached farm road already exists. This crossing will be accommodated by an easement break and will Pantera Buffer Mitigation Plan 15 January 2024 allow the landowner and farmer access to their parcels and limit potential negative impacts to the stream and surrounding riparian area due to any future agricultural practices. There is also an overhead utility line collocated with the NCDOT right-of-way along Falling Creek Church Road, so the Project easement boundary will exclude the existing utility easement (Figure 5). Pantera Buffer Mitigation Plan 16 January 2024 3 RIPARIAN RESTORATION AND PRESERVATION PLAN The goal of the Project is to restore ecological function to the streams and riparian areas by establishing appropriate stream buffer plant communities where absent, as well as to protect these buffers and stream function into perpetuity. The buffered channels will provide water quality and habitat functions within the Neuse 01 Watershed, such as nutrient and sediment removal, filtration of runoff from nearby agricultural fields, and improved aquatic and terrestrial habitat. The current land uses adjacent to the streams and ephemeral channel proposed for riparian restoration and preservation are primarily composed of cropland, disturbed riparian area, and forested wetlands. Riparian restoration and preservation proposed under this Plan are shown in Figure 5, and were determined viable mitigation approaches by the DWR in their letter dated May 4, 2023 (Appendix AB). All riparian restoration and preservation activities will include the tops of banks outward to 200 feet along mitigated stream and ephemeral channels. The Pantera Stream and Wetland Mitigation Bank will also re- establish and preserve wetlands which will generate wetland credits on-site; therefore, any area where wetland credits are proposed, neither buffer mitigation nor nutrient offset credits will be proposed. There will be no overlap in the Riparian Buffer and/or Nutrient Offset credit areas and wetland credit areas, and no additional stream credits are being requested through the use of non-standard buffer widths (Figure 5). Before beginning construction, EBX will ensure that permitting scenarios are completed. EBX plans to obtain Clean Water Act (CWA) Section 404 permit approval and will submit applications for a CWA Section 401 and North Carolina Department of Environmental Quality Erosion and Sediment Control permit. 3.1 Site Preparation Preparation within the Project will involve treatment for exotic invasive species, contoured ripping, and seeding and planting. In areas that are planned to be mostly cleared of trees for stream restoration purposes, decompaction techniques to increase porosity, specifically ripping, will be performed. Where larger trees are expected to remain, equipment will be limited, and no ripping will occur. During the existing conditions survey, a tree line was surveyed to designate the current forested area. The existing tree line is shown in Figure 4 and Figure 5. Once the soil is prepared, it will be seeded and planted with native riparian species. This process should provide favorable soil conditions for plant growth. Other stabilization and implementation of dispersal techniques will be utilized where surface flows have become concentrated to minimize the chances of non-diffuse flow. A combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in riparian areas during any land disturbance activities. These erosion control measures shall be inspected and properly maintained at the end of each working day to ensure measures are functioning properly until permanent vegetation is established. Disturbed areas shall be temporarily seeded within ten working days and upon completion of final grading, permanent vegetation shall be established for all disturbed areas. Any topsoil that is removed during construction will be stockpiled and reserved for final site soil preparation. Topsoil will be spread throughout disturbed areas of the project in order to assist vegetation growth. Temporary and permanent riparian seeding shall be done in accordance with the erosion control plan. A list of species used in the seed mix can be found in the plan set, Appendix E of the Stream and Pantera Buffer Mitigation Plan 17 January 2024 Wetland Mitigation Plan. This seed mix and planted tree selection includes pollinator species such as oxeye sunflower (Heliopsis helianthoides), blackeyed susan (Rudbeckia hirta), butterfly milkweed (Asclepias tuberosa), smooth goldenrod (Solidago gigantea) tulip poplar (Liriodendron tulipifera), silky dogwood (Cornus amomum), sweetbay magnolia (Magnolia virginiana), and flowering dogwood (Cornus florida). Bare root plantings and live stakes shall be planted according to the planting plan found in Section 3.2.4 and the plan set, Appendix E of the Stream and Wetland Mitigation Plan. Invasive species will require different and multiple treatment methods, depending on plant phenology and the location of the species being treated. Treatment methods will include mechanical (cutting with loppers, clippers, or chain saw) and chemical (foliar spray, cut stump, and hack and squirt techniques). Invasive plants containing mature, viable seeds, will be removed from the Project and properly disposed. Management records will be kept on the plant species treated, type of treatment employed, type of herbicide used, application technique, and herbicide concentration and quantities used. These records will be included in all reporting documents. All Project preparation activities will commence in concurrence with the stream and wetland mitigation activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be altered slightly depending on the approval of the Stream and Wetland Mitigation Plan. The limits of the riparian restoration areas will be surveyed post-planting and seeding, and the information will be provided in the As-Built report and plat. 3.2 Methods Riparian restoration and preservation along streams and the ephemeral feature will be implemented to generate riparian buffer credits and nutrient offset credits. All applicable areas were determined by the site viability assessment by DWR (Appendix AB) 3.2.1 Riparian Restoration Activities - Streams For mitigated stream channels, the Project will provide riparian buffer credits and nutrient offset credits in accordance with the Consolidated Buffer Mitigation Rules 15A NCAC 02B .0295 (n), and the Nutrient Offset Credit Trading Rule 15A NCAC 02B .0703. Riparian restoration activities will include the planting of bare root trees as described in Section 3.2.4. These restoration activities will begin from the tops of the stream banks and extend a minimum of 20 feet from the streams outward to a maximum of 200 feet perpendicular and landward to the channel. Any riparian areas less than 20 feet in width are not eligible to generate credit. Restoration will occur where cropland is currently present. Furthermore, restoration will entail the permanent protection of the riparian area from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the riparian areas through a conservation easement that will have clearly visible easement markers and signs (see Section 3.2.5 for further description of the easement boundaries). All stream reaches within the Project except reach PH1-C will incorporate riparian restoration (Figure 5). All riparian restoration activities will commence in concurrence with the stream and wetland mitigation activities. Stream restoration will further address existing impairments including floodplain dislocation, bank erosion, channel incision, nutrient input, and buffer degradation. The stream design approach will include meandering the proposed channels within the natural valley and stabilizing stream banks using a combination of grading, erosion control matting, live-stake planting, native material revetment techniques Pantera Buffer Mitigation Plan 18 January 2024 (i.e. bioengineering), and structure placement. These activities will also include backfilling the abandoned stream channels to the elevation of the floodplain and planting (Appendix E of the Stream and Wetland Mitigation Plan). 3.2.2 Riparian Restoration Activities - Ephemeral For the ephemeral channel, reach PH6-A, the Project will provide riparian buffer restoration and nutrient offset in accordance with the Consolidated Buffer Mitigation Rules 15A NCAC 02B .0295 (n), 15A NCAC 02B .0295 (o)(7) and the Nutrient Offset Credit Trading Rule 15A NCAC 02B .0703. Riparian restoration activities will include the planting of bare root trees as described in Section 3.2.4. These restoration activities will begin from the tops of the ephemeral channel banks and extend a minimum of 20 feet from the streams outward to a maximum of 200 feet perpendicular to the channel. Restoration will occur where cropland is currently present along the ephemeral feature. Furthermore, restoration will entail the permanent protection of the riparian area from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer through a conservation easement that will have clearly visible easement markers and signs (see Section 3.2.5 for further description of the easement boundaries). The ephemeral features meet criteria for riparian buffer restoration according to Rule 15A NCAC 02B .0295 (o) (7) in the following ways: (A) The ephemeral channel drains directly to reach PH6-B, an intermittent stream. (B) The entire area proposed for mitigation is within the contributing drainage area to the ephemeral channel (Figure 3b). All riparian restoration activities associated with the ephemeral channel PH6-A will commence in concurrence with the stream mitigation activities. Particularly, it is proposed that the ephemeral channel is to be restored, which will entail raising the channel bed, grading a new pilot channel into the floodplain and live-staking the bank and bed to provide stability and channel shading. 3.2.3 Riparian Preservation Activities Buffer preservation is proposed along subject and non-subject streams in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC 02B.0295(o)(4) and (5) (Figure 6). Documentation of the site meeting the requirements of 15A NCAC 02R .0403(c)(7)(8) and (11) is provided in Appendix AC. Preservation will occur where riparian areas are already forested along streams and within 200 feet perpendicular to the stream channels. Any riparian areas less than 20 feet in width are not eligible to generate credit. Preservation activities will consist of permanently protecting the buffer from cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer through a conservation easement that will have clearly visible easement markers and signs (see Section 3.2.5 for further descriptions of the easement boundaries). Because some of the preservation areas are associated with proposed stream restoration and/or enhancement activities under the stream and wetland mitigation Project, some of these areas may need to be cleared during construction of the new stream corridor. Therefore, such impacted areas will be planted using the same criteria as restoration areas, however will still only generate preservation credit. Figures 4 and 5 show the location of the original tree line that will be used to calculate the preservation credit at as-built. Also, no more than 25 percent of the total area of Pantera Buffer Mitigation Plan 19 January 2024 buffer mitigation will be used for preservation credit pursuant to 15A NCAC 02B.0295(o)(4) and (5) and the rest of the area will be protected in the conservation easement but not applied for credit. Furthermore, buffer preservation can only generate Riparian Buffer mitigation credit and is not convertible to nutrient offset credits. Stream reaches PH1PH3, PH4, PH6, and PH7 will incorporate riparian preservation. 3.2.4 Planting Plan Revegetation of the Project where riparian restoration is being performed will meet the performance standards outlined in Rule 15A NCAC 02B .0295. This includes treating invasive species growth and planting at least four native hardwood bare root trees at a density that ensures 260 stems per acre at the completion of monitoring. Therefore, the proposed initial planting of bare root stems is to plant on a nine by six-foot spacing to achieve and initial target density of approximately 800 stems per acre where no one tree or shrub species will be greater than 50% of the established stems. Vegetation within riparian areas can vary depending on disturbance regime and adjacent community types, so the protected buffer easement will be planted with appropriate native species observed in the surrounding forest and species known to occur in similar environments. To ensure species diversity across the Project area, bare root stems will be well mixed before planting. For the majority of the site and all of the riparian restoration areas, Mixed-Mesic Hardwood Forest (Coastal Plain subtype) (Schafale, 2012) will be the target community type and will be used for all areas of existing crop field and field margins within the Project. With that said, because this Project is combined with the stream and wetland mitigation project, there will be an additional planting zone within the easement for all wetland mitigation areas, including wetland re-establishment and wetland preservation areas cleared for construction purposes. The target community for the wetland areas will be Coastal Plain Small Stream Swamp. These community compositions are highly diverse and are suitable given the Project’s soil and landscape characteristics and will provide water quality and ecological benefits. Ultimately, there will be two planting zones and are designated as “Zone 1” and “Zone 2.” The initial planting of bare root stems will occur before Spring 2025. The list of bare root tree species to be planted and their percentage of total species composition per zone can be found in Table 5. Please note that Zone 2 is being depicted in Figure 9, but all riparian restoration areas proposed to generate riparian buffer restoration and nutrient offset credits are within Zone 1. Further details regarding the planting plan and area can be found in Figure 9 and Appendix E of the Stream and Wetland Mitigation Plan. Please note that the real compositions of planted trees may differ from this proposed list due to availability; however, the procured trees will be comprised of species from the list. If a species on the list is unavailable at the time of planting the percent composition of another species on the list will be increased, although no one species will have a composition over 50%. If any changes are needed to the planting list before planting, EBX will submit a request to DWR for approval of a modified planting list. With that said, EBX intends to plant all 12 species listed in Table 5. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species, such as red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). Because all of the stream and ephemeral channels are being restored as part of the stream mitigation, channels banks will also be planted with live stake plantings. See Appendix E of the Stream and Wetland Mitigation Plan for more details regarding live stake plantings. Pantera Buffer Mitigation Plan 20 January 2024 In addition, all riparian restoration areas will be seeded with an herbaceous seed mix to provide rapid herbaceous cover and promote immediate buffer effectiveness as well as habitat for pollinators and other wildlife. The seed blend will contain both temporary and permanent seed and will include taproot species. See Appendix E of the Stream and Wetland Mitigation Plan for the proposed herbaceous seed mix composition. The seed will be sown utilizing a no-till drill or broadcast and discing depending on the site conditions at the time of planting. Table 5. Pantera Project Tree Planting Lists Planting Zone 1- Mixed-mesic Hardwood Forest (Coastal Plain Subtype) Acres- 42.5 Common Name Scientific Name Spacing Unit Type Wetland Indicator Status* Form (Tree, Small, Tree, Shrub) % Composition American sycamore Platanus occidentalis 9x6 Bare root FACW Tree 10 Willow oak Quercus phellos 9x6 Bare root FACW Tree 10 Water oak Quercus nigra 9x6 Bare root FAC Tree 10 Swamp chestnut oak Quercus michauxii 9x6 Bare root FACW Tree 10 Northern red oak Quercus rubra 9x6 Bare root FACU Tree 10 White oak Quercus alba 9x6 Bare root FACU Tree 10 River birch Betula nigra 9x6 Bare root FACW Tree 10 American beech Fagus grandifolia 9x6 Bare root FACU Tree 10 Sweetbay Magnolia virginiana 9x6 Bare root FACW Small tree 5 Tulip poplar Liriodendron tulipifera 9x6 Bare root FACU Tree 5 Ironwood Carpinus caroliniana 9x6 Bare root FAC Small tree 5 Flowering dogwood Cornus florida 9x6 Bare root FACU Small tree 5 * Based on NRCS-USDA Wetland Indicator Status for Atlantic and Gulf Coastal Plain 3.2.5 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Project and adjacent properties. Easement boundary marking will be completed prior to the As-Built onsite visit for the Task 2 milestone by DWR. Boundaries may be identified by fence, marker, bollard, post, tree-blazing, or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property as a mitigation site that will include the name of the long-term steward and a contact number. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as-needed basis. The easement boundary will be checked annually as part of monitoring activities and the conditions as well as any maintenance performed will be reported in the annual monitoring reports to DWR. Pantera Buffer Mitigation Plan 21 January 2024 3.2.6 DWR As-Built Evaluation Within 30 calendar days after completing the establishment of the buffer mitigation and nutrient offset areas, EBX will submit written notification to DWR documenting that all riparian 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. 4 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol and Success Criteria Riparian buffer vegetation monitoring will be based on the “CVS-EEP Protocol for Recording Vegetation Level 2 Plot Sampling Only Version 4.2.” Annual vegetation monitoring will occur each year for a minimum of five years and will be conducted during the fall season with the first year occurring at least six months from initial planting. As part of the stream and wetland mitigation plan, a mix of 38 vegetation monitoring plots, both fixed and random, will be installed a minimum of 100 m2 in size in the planted area (45.8 acres) and will cover at least two percent of the planted mitigation area for the Stream and Wetland Mitigation Bank. However, 34 of those plots (30 fixed and 4 randoms) will be located inside the Riparian Buffer Restoration and Nutrient Offset crediting areas (40.9 acres) and will be utilized to monitor and determine success for the Riparian Buffer Mitigation and Nutrient Offset Project (Figure 9). These 34 plots will also be shared with the IRT to report on the planted area within the project easement area. To avoid credit stacking, no stream credit is being claimed via the Non-Standard Buffer Widths for the areas these plots represent, only Riparian Buffer Credits and Nutrient Offset Credits are being generated within these areas. All random plots will be 100 m2 in size (usually a 25 meter long transect, with a four meter width). There will be one random plot per reach (PH6, PH5, PH4, and PH1/2). A new location will be selected each year within riparian restoration areas along these reaches to provide adequate representation of the different widths represented in the project credit table and corresponding credit figure for riparian buffer credit and nutrient offset credit generating areas over time. The following data will be recorded for all planted and volunteer trees in the plots: species, height, planting date (or volunteer), vigor, and grid location. All stems in plots will be flagged with flagging tape. Photographs will be taken at established monitoring stations each monitoring year. Visual inspection reports and photographs will be provided in the annual reports to ensure that restoration and enhancement areas are being maintained and compliant. The measures of vegetative success for the Project will be the survival of at least four native hardwood tree species, where no one species is greater than 50 percent of stems, at a density of at least 260 planted trees per acre at the end of Year 5. Desirable native volunteer species may be included to meet the performance standards as determined by DWR. Invasive and noxious species will be monitored and treated so that none become dominant or alter the desired community structure of the Project. A visual assessment of the conservation easement will also be performed each year to confirm: · Easement is adequately marked and clearly visible; · no encroachment has occurred; · diffuse flow is being maintained in the conservation easement area; and · there has not been any cutting, clearing, filling, grading, or similar activities that would negatively affect the functioning of the buffer. Pantera Buffer Mitigation Plan 22 January 2024 EBX will monitor the stream and wetland mitigation bank for a minimum of seven years, or until release by IRT approval. Therefore, plots will continue to be monitored in accordance with the monitoring protocol in the Pantera Stream and Wetland Mitigation Plan. 4.2 Adaptive Management Plan and Site Maintenance Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the Project, or a specific component of the Project, fails to achieve the defined success criteria. Remedial actions will be designed to achieve the success criteria specified in this Plan, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species. If mowing is deemed necessary by EBX during the monitoring period, EBX must receive approval by the DWR prior to any mowing activities to ensure that no buffer violations have been performed. Failure to receive approval to mow within the Neuse buffer, as defined in 15A NCAC 02B .0714, by the DWR could result in Neuse buffer violations and violations of the conservation easement. If necessary, EBX will develop a species-specific control plan. 4.3 Long Term Management Plan EBX acting as the Bank Sponsor, will record a Conservation Easement with the Wayne County Register of Deeds’ Office for this site. The Conservation Easement will be assigned to North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of EBX until the Bank Parcel is transferred to NCWHF. Endowment funds required to uphold the Pantera Bank Parcel conservation easement in perpetuity shall be negotiated prior to site transfer to the NCWHF. The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an initial monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Parcel during the initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the RES Neuse 01 Pantera Riparian Buffer and Nutrient Offset MBI made and entered into by EBX and DWR. Pantera Buffer Mitigation Plan 23 January 2024 5 FINANCIAL ASSURANCE The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least $150,000 and shall be able to cover 100% of the costs associated with construction of the riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to cover 100% of the costs associated with the monitoring and maintenance of the riparian restoration areas for five years. Performance bonds for monitoring shall be renewed to cover each year’s monitoring period, with confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 6 MITIGATION POTENTIAL The Project presents 65.58 acres of permanent conservation easement in Wayne County, North Carolina. While this easement also encompasses areas for the Pantera Stream and Wetland Mitigation Bank, the purpose of the Project is to generate Neuse 01 Riparian Buffer and Nutrient Offset credits. Riparian restoration and preservation proposed under this Plan are shown in Figure 6 and were determined viable mitigation approaches by the DWR in their letter dated May 4, 2023 (Appendix AB). All riparian restoration and preservation activities will occur between the tops of banks outward to 200 feet along stream and ephemeral channels. Figure 8 displays various riparian zones around each channel feature to depict where critical riparian widths exist, such as the 50, 100, and 200-foot zones. The Pantera Stream and Wetland Mitigation Bank will also re-establish and preserve wetlands which will generate wetland credits on-site; therefore, any area where wetland credits are proposed, neither buffer mitigation nor nutrient offset credits will be proposed. There will be no overlap in the Riparian Buffer and/or Nutrient Offset credit areas and wetland credit areas (Figure 6). This Bank has the potential to generate approximately 1,534,150.128 riparian buffer credits derived from 1,487,468.250 riparian buffer restoration credits, and 46,681.878 riparian buffer preservation credits. Because the total area eligible for preservation credit may be no more than 25% of total area of buffer mitigation, some preservation areas are omitted from credit generation. Additionally, there will be 293,179 ft2 of Nutrient Offset area that will be delivered as 15,298.472 lbs/acre of Nitrogen credits. The riparian buffer mitigation credits generated will service authorized riparian buffer impacts within the Neuse 01 Watershed, excluding the Falls Lake Watershed. The nutrient offsets generated will service nutrient load reduction requirements where payments are authorized in 15A NCAC 02B .0703 within the Neuse 01 Watershed, excluding the Falls Lake Watershed. Pantera Buffer Mitigation Plan 24 January 2024 The Sponsor, EBX will maintain three credit ledgers. One ledger will account for Riparian Buffer Restoration credits; one ledger will account for Buffer Preservation credits; and one ledger will account for Nitrogen nutrient offset credits. All mitigation credit assets shall be shown on these credit ledgers. The detailed Project credits breakdown utilizing the DWR “Project Credit Table Template (updated November 2022),” including buffer credits that are convertible to nutrient offset credit, is provided below in Table 6. The Sponsor, EBX, may use the credits generated on the non-forested open fields within widths of at least 50 feet from the top of bank, for Neuse Riparian Buffer Mitigation or Nutrient Offsets, but not both. All applicable ratios must be accounted for when converting from nutrient offset to buffer. Credit conversions must be calculated using the guidance provided in the Clarified Procedures for Calculating Buffer Mitigation Credits & Nutrient Offset Credits as provided in the MBI. The Sponsor must submit a written request and receive written approval from DWR prior to any credit conversions and transfers to the buffer and nutrient offset credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the date of the request. The potential convertible square footage of riparian buffer credits to nutrient offset credits is provided in Table 6. Pantera Buffer Mitigation Plan 25 January 2024 Table 6. Project Credits Pantera Buffer Mitigation Plan 30 May 2023 7 REFERENCES Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS Federal Emergency Management Agency (FEMA). 2007. FEMA Flood Insurance Rate Map: Panel 3710981000J and 3710981100K. https://msc.fema.gov/portal/search. Lee, M.T. et al. 2008. CVS-EEP Protocol for Recording Vegetation, All Levels of Plot Sampling. Version 4.2. http://cvs.bio.unc.edu/methods.htm. NCDNR. 2016. “N.C. Wetland Assessment Method User Manual Version 5.” N.C. Wetland Functional Assessment Team. https://files.nc.gov/ncdeq/Water%20Quality/Environmental %20Sciences/ECO/Wetlands/NC%20WAM%20User%20Manual%20v5.pdf. North Carolina Department of Environmental Quality. 2019. Nutrient Sensitive Waters and Special Watersheds. https://deq.nc.gov/about/divisions/energy-mineral-land-resources/nsw-special- watersheds. North Carolina Office of Administrative Hearings (NCOAH). 2010. Rule 15A NCAC 02B.0703 - Nutrient Offset Payments. http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20- %20Environmental%20Quality\Chapter%2002%20-%20Environmental%20Management. NCOAH. 2015. Rule 15A NCAC 02B .0295- Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers. http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20- %20Environmental%20Quality\Chapter%2002%20-%20Environmental%20Management. NCOAH. 2014. Rule 15A NCAC 02R.0403 - Donation of Property. http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20- %20Environmental%20Quality\Chapter%2002%20-%20Environmental%20Management. North Carolina Department of Natural and Cultural Resources (NCDNCR). 2022. North Carolina State Historic Preservation Office (SHPO) GIS Web Service. http://www.hpo. ncdcr.gov/. NCDNCR. 2023. Natural Heritage Program (NHP) GIS database. https://ncnhde.natureserve.org/. Resource Environmental Solutions (2023). Pantera Project Draft Stream and Wetland Mitigation Plan. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/. Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. Pantera Buffer Mitigation Plan 31 May 2023 U.S. Army Corps of Engineers. 2010. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research and Development Center. U.S. Fish and Wildlife Service (USFWS). 2022. Information for Planning and Consultation (IPaC) website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. https://ecos.fws.gov/ipac/. USWFS. 2018. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws. gov/wetlands/. USFWS. 2022. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. Cartographer: mdeangelo | POC: JRM | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 1 - Service Area - Pantera | Date Exported: 12/12/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: N/A Spatial Reference: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US ­ N 0 84 Miles 1 in = 8 mi when printed at 8.5x11"Pantera Wayne County, North Carolina 78.4053°W 35.5804°N Figure 1 Nutrient Offset and Riparian Buffer Credit Service Area D u r h a m B u t n e r BEverett Jordan Lake 70 401 H o l l y S p r i n g s F u q u a y -V a r i n a A p e x D u r h a m C a r y 27 295 Coha r ie S dts a H a r n e t t Spr i n g L a k e W a l k e r t o w n L i l l i n g t o n FortL i b e r t y F a y e t t e v i l l e 56 96 F r a n k l i n C r e e d m o o r L o u i s b u r g B l a ck Creek Crooked C r e e k F a l l s R e s e r v o i r 42 42 42 50 39 581 210 70 64 264 401 W e n d e l l Z e b u l o n K n i g h t d a l e A n g i e r K e n l y S e l m a G a r n e r C l a y t o n W a k e F o r e s t S m i t h f i e l d R a l e i g h 55 70 13 13 701 701 40 40 Coharie S dts a E r w i n C o a t s D u n n M t O l i v e F o u r O a k s B e n s o n 48 43 R e d O a k 111 301 117 795 95 W i l s o n N a s h v i l l e R o c k y M o u n t W i l s o n 111 403 70Wayne L a G r a n g e G o l d s b o r o Proposed Easement Neuse River Basin - 03020201 (Excluding Falls Lake Watershed) Pantera Mitigation Project Cartographer: mdeangelo | POC: JRM | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 2 - Project Vicinity - Pantera | Date Exported: 12/12/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: USGS, GoogleMaps Spatial Reference: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US ­ N 0 1,000500 Feet 1 in = 1,000 ft when printed at 8.5x11"Pantera Wayne County, North Carolina 78.1563°W 35.3238°N Figure 2 Project Vicinity Proposed Easement Neuse River Basin - 03020201 (Excluding Falls Lake Watershed) NC 14-Digit HUC - 03020201170020 Pantera Mitigation Project Cartographer: mdeangelo | POC: XXXX | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 3a - USGS Quadrangle - Pantera | Date Exported: 12/12/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: USGS Spatial Reference: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US ­ N 0 2,0001,000 Feet 1 in = 2,000 ft when printed at 8.5x11"Pantera Wayne County, North Carolina 78.1566°W 35.324°N Figure 3b USGS Quadrangle Grantham (1976) ª ª ª ª ª Proposed Easement ªDWR Ephemeral/Intermittent Break ªDWR Feature Origin Cartographer: mdeangelo | POC: JRM | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 3b - Drainage Areas - Pantera | Date Exported: 12/12/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: USGS, Wayne County GIS Spatial Reference: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US ­ N 0 1,000500 Feet 1 in = 1,000 ft when printed at 8.5x11"Pantera Wayne County, North Carolina 78.1548°W 35.3207°N Figure 3b Project Drainage Areas ª ª ª ª ª PH5 77.45 ac. PH4 70.37 ac. PH2 52.27 ac. PH7 15.82 ac. PH6-B 66.31 ac. PH3 76.85 ac. PH1 446.2 ac. PH6-A 39.83 ac. D 1 P H 7 PH6 - B P H 3 PH 1 PH2 PH6-A PH5 PH4 Proposed Easement Drainage Area Stream Type Intermittent/Perennial Ephemeral Ditch 2 ft. Contour ªDWR Ephemeral/Intermittent Break ªDWR Feature Origin Cartographer: mdeangelo | POC: JRM | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 4 - Existing Conditions - Pantera | Date Exported: 12/14/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: USFWS, FEMA Spatial Reference: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US ­ N 0 500250 Feet 1 in = 500 ft when printed at 8.5x11"Pantera Wayne County, North Carolina 78.1574°W 35.3237°N Figure 4 Existing Conditions Falling Creek Church Rd T T T T T T T T T T T T T T T T T T T TTTT T T T ª ª ª ª ª PEM1F PFO1/4A PFO1A PFO1A PSS1A PSS4A PSS4A PSS4A D 1 P H 7 PH6 - B P H 3 PH 1 PH2 PH6-A PH5 PH4 Proposed Easement Delineated Wetlands National Wetland Inventory Stream Type Intermittent/Perennial Ephemeral Ditch Treeline T T Overhead Utility Project Property Boundary ªDWR Ephemeral/Intermittent Break ªDWR Feature Origin Regenerating Forest Forest Crop field Crop field Crop field Forest Breached Culvert Crossing Cartographer: mdeangelo | POC: JRM | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 6 - NRCS Soils - Pantera | Date Exported: 12/12/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: NRCS Spatial Reference: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US ­ N 0 800400 Feet 1 in = 800 ft when printed at 8.5x11"Pantera Name Wayne County, North Carolina 78.1567°W 35.3249°N Figure 6 NRCS Soils Wayne County, 1974 ª ª ª ª ª Proposed Easement ªDWR Ephemeral/Intermittent Break ªDWR Feature Origin Cartographer: mdeangelo | POC: JRM | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 7a - Historical Imagery - Pantera | Date Exported: 12/12/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: USGS Earth Explorer Spatial Reference: NAD 1983 StatePlane North Carolina FIPS 3200 Feet Date Exported: 12/12/2023 ­ N 0 1,000500 Feet 1 in = 1,000 ft when printed at 8.5x11"Pantera Wayne County, North Carolina 78.1567°W 35.3249°N Exhibit 7a Historical Imagery ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª Proposed Easement ªDWR Ephemeral/Intermittent Break ªDWR Feature Origin 1950 1973 1993 1998 Cartographer: mdeangelo | POC: JRM | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 7b - Historical Imagery - Pantera | Date Exported: 12/12/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: USGS Earth Explorer Spatial Reference: NAD 1983 StatePlane North Carolina FIPS 3200 Feet Date Exported: 12/12/2023 ­ N 0 1,000500 Feet 1 in = 1,000 ft when printed at 8.5x11"Pantera Wayne County, North Carolina 78.1567°W 35.3249°N Exhibit 7b Historical Imagery ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª ª Proposed Easement ªDWR Ephemeral/Intermittent Break ªDWR Feature Origin 1999 2010 2017 2021 Cartographer: mdeangelo | POC: JRM | Path: R:\Resgis\Projects\NC\103361_Pantera\PRO\3_Permitting\4_BPDP\NC_BufferPlan_Pantera\NC_BufferPlan_Pantera.aprx | Layout: Figure 8 - Riparian Buffers - Pantera | Date Exported: 12/12/2023 www.res.us Reference: Project limits are approximate. The property boundaries depicted on this map have not been surveyed and are for prospect assessment purposes only. This information is not to be used as final legal boundaries. Data Source: N/A Spatial Reference: NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US ­ N 0 500250 Feet 1 in = 500 ft when printed at 8.5x11"Pantera Wayne County, North Carolina 78.1568°W 35.3244°N Figure 8 Riparian Zones Falling Creek Church Rd ª ª ª ª ª P H 7 - A P H 1 - A PH6 - C PH3-A PH6- A P H 7 - B PH 3 - C PH1 - C D1 PH 1 - B PH2 PH6- D P H 3 - B PH6-B PH5 PH4 Proposed Easement Proposed Top of Bank Riparian Zones 0-50' 0-100' 0-200' ªDWR Ephemeral/Intermittent Break ªDWR Feature Origin