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20180466 Ver 2_Final BPDP for PN_20190218Type of Mitigation Project:* r Stream r Wetlands W Buffer W Nutrient Offset (Select all that apply) Is this a Prospectus, Technical Proposal or New r Yes r No Site? Project Contact Information Contact Name:* Jeff Becker Email Address:* jrbecker@bellsouth.net Project Information Existing 20180466 Existing 2 (DWR) ID#:* (nunbersonly ...nodash) Version:* (nurrbersonly) Project Name:* Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank Project Type:* r DMS r Mitigation Bank County-.* Beaufort Document Information Mitigation Document Type:* Mitigation Plans File Upload: GES Dixon Rd Mitigation Bank BPDP.pdf 11.09MB Reese upload only one FDF of the conplete file that needs to be submitted... Print Name:* Jeff Becker Signature:* Date 02/18/2019 Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank Bank Parcel Development Package (BPDP) Tar- Pamlico Basin (HUC: 03020104) Chocowinity Creek Watershed January 2019 Greene Environmental Services, LLC North Carolina Department of Environmental Quality, Division of Water Resources Project Number: 2018-0466 v2 Submitted to: Katie Merritt, Nutrient Offset & Buffer Banking Coordinator NC Department of Environmental Quality - Division of Water Resources 1617 Mail Service Center Raleigh, NC 27699-1617 Email: katie.merritt@ncdenr.gov Phone: (919) 707-3637 Submitted by: Greene Environmental Services, Jeff Becker and David Knowles Ham Farms, 963 Hwy 258 S Snow Hill, NC 28580 Phone: (919) 215-3899, jrbecker@bellsouth.net; (252) 757-1978, ocesdk@gmail.com Table of Contents Section Page 1.0 Introduction 4 1.1 Bank Location 5 1.2.0 Bank Parcel Overview 5 1.2.1 Site Viability and Stream Determination Reports 5 1.2.2 Bank Description 7 1.2.3 Water Quality Assessments and Stream Classifications 8 1.2.4 Boundary Survey 10 2.0 Project Area - Existing Conditions 11 2.1 Physiography 12 2.2 Geologic and Soil Characteristics 12 2.3 Existing Vegetative Communities 14 2.4.0 Potential Constraints on Bank Establishment 15 2.4.1 Threatened and Endangered Species 16 2.4.2 Cultural Resources 17 2.4.3 Flood Potential 18 2.4.4 Infrastructure 18 3.0 Proposed Riparian Buffer and Nutrient Offset Restoration Plan 19 3.1 Site Preparation and Sapling Planting at the Bank Parcel 20 4.0 Monitoring and Maintenance Plan 23 5.0 Long Term Maintenance and Protection 23 6.0 Financial Assurance 23 7.0 Riparian Buffer and Nutrient Offset Mitigation Potential 26 8.0 References 29 List of Tables Table Number Table Caption Table 1 Approximate areal coverage of Bank tracts. Table 2 Stream classification for waterways downstream from the Dixon Road Bank to the Pamlico River estuary. Table 3 North Carolina Surface Water Classifications for waters found on or downstream from the Dixon Road Mitigation Bank. Table 4 Soil series at the proposed Dixon Road Mitigation Bank. Table 5 Mature tree species in the periphery of the Dixon Road Mitigation Bank. Table 6 Federally listed threatened and endangered species in the Hackney, NC, USGS Topographic Quadrangle. Table 7 Summary of site preparation and planting activities. Table 8 Character trees proposed for planting at the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank. Table 9-A&B Summary of projected mitigation credits generated by the Dixon Road Bank. List of Figures Figure Number Figure Caption Figure 1 Tar -Pamlico River Basin indicating the location of the Dixon Road Bank within HUC 03020104. Figure 2 Dixon Road Bank location within HUC 03020104 Figure 3 Regional aerial image depicting the location of the proposed Bank Figure 4 Tracts 1 and 2 of the Dixon Road Mitigation Bank Figures 5-A and 5-B Credit Determination Map for the proposed Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank. Figure 6 USGS Hackney, NC 7.5' Quadrangle 2013. Figure 7 USGS Hackney, NC 7.5' Quadrangle excerpt. Figure 8 Mapped soil series at the proposed Dixon Road Mitigation Bank Figure 9 1 Flood Map for the Dixon Road Bank Figure 10 Approximate locations of 0.0247 -acre monitoring plots Figure 11 Approximate conservation easement boundary List of Appendices Appendix Number Appendix Topic Appendix 1 NC-DWR Stream Determination Report Appendix 2 NC-DWR Site Viability Report Appendix 3 Request for inclusion of Ditches 3 and 5 at the proposed GES, Dixon Road Bank as eligible for riparian buffer mitigation. Appendix 4 Photographs of existing vegetation at the periphery and within the Bank. Appendix 5 Environmental Data Resources, Inc, Executive Summary Appendix 6 Draft Conservation Easement for the Dixon Road Mitigation Bank 1.0 Introduction Greene Environmental Services, LLC (GES) proposes the establishment of a riparian buffer and nutrient offset mitigation bank in Beaufort County, NC under the terms and conditions of the GES Dixon Road Mitigation Banking Instrument (MBI). The proposed bank, the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank (Bank) will be located in the Tar — Pamlico River Basin, Pamlico Sub -Basin (HUC: 03020104) (Figures I and 2). Streams within the Bank discharge via tributaries to Chocowinity Creek, then to the Pamlico River Estuary at Chocowinity Bay (Figure 3). This document, the Bank Parcel Development Package (BPDP) provides justification for the proposed Bank and details site conditions, Bank establishment plans, site monitoring and maintenance programs and mitigation credit potentials. This BPDP is submitted to the North Carolina Department of Environmental Quality, Division of Water Resources (NC-DWR) for review. If approved, the Bank will be established according to specifications provided in this document. After the Bank is constructed, any adjustments to or deviations from the BPDP will be provided in a post -establishment "As -Built Report", also submitted to the NC-DWR. The regulatory purpose of the proposed Bank is to provide riparian buffer and nutrient offset credits for new and existing development in the 8 -digit Hydrologic Unit Code (HUC) 03020104 of the Tar -Pamlico River Basin requiring riparian buffer and/or nutrient offset mitigation in accordance with 15A NCAC 02B .0295 and the corresponding Mitigation Banking Instrument (MBI). The Bank will also improve water quality within the Tar - Pamlico River Basin by reducing nutrient and sediment inputs into the watershed. Land -use within the vicinity of the proposed Bank is primarily agricultural and silvicultural usage, and to a lesser extent, low density urban and rural development. Land use within the Bank parcel has historically been row crop agriculture. There are two unnamed streams and two field ditches on the parcel containing the proposed Bank (Figures 4, 5-A, and 5-B). Establishing a native riparian forested community adjacent to all or portions of these waterways by planting saplings of native trees species and allowing natural vegetative succession to proceed in perpetuity will reduce nutrient and sediment loading into those waterways. The proposed 4 Bank will be established pursuant to the Mitigation Banking Instrument (MBI) developed for the Bank and submitted to NC-DWR. 1.1 Bank Location The proposed Bank is located in western Beaufort County, NC (Figure 3). The street address is 883 Dixon Road (SR 1138), Chocowinity, NC, 27817. The midpoint of the 22.49 -acre property (Figure 4) parcel is approximately 35°04'33.23" N x 77°27'29.11" W; elevation ranges from approximately 27ft to 35ft above mean sea level. Access to the proposed Bank parcel is via NC 33 south from Chocowinity approximately 4 miles to Dixon Road then west on Dixon Road approximately 0.8 miles. The parcel is on the south side of Dixon Road. 1.2 Bank Parcel Overview The proposed Bank will consist of two tracts, each associated with drainages to Chocowinity Creek (Figure 4). Tract 1 is approximately 7.6 acres and Tract 2 is approximately 9.0 acres. In total, the Bank will be an estimated 16.6 acres; this areal coverage will be refined pending approval of this BPDP document and a boundary survey. A more detailed description of the Bank follows in Section 1.2.2. 1.2.1 Site Viability and Stream Determination Reports Prior to the submission of this BPDP document, an on-site, Stream Determination assessment (Appendix 1) and Site Viability assessment (Appendix 2) for the proposed Dixon Road Bank were conducted by NC Division of Water Resources personnel (Katie Merritt and Chris Pullinger) on March 8, 2018. The reports determined that Features 1 and 2 (hereafter referred to as Streams 1 and 2) were streams and thus eligible for riparian restoration to generate riparian buffer credits. Features 3, 4, and 5 (hereafter referred to as Ditches 3, 4 and 5) were determined to be ditches and thus eligible for riparian restoration to generate nutrient offsets. However, the Site Assessment report indicated that two waterway features Ditches 3 and 5 (Figures 5-A and 5-13) may be eligible for riparian buffer mitigation if the following criteria are met as per 15A NCAC 02B .0295 (Buffer Rules): 5 15A NCAC 0213 .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS, Subsection: (o): Alternative Buffer Mitigation Options, Restoration and Enhancement of Ditches, (8) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described in this Part, a "ditch" is defined as a man-made channel other than a modified natural stream that was constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of the following criteria: 1.2.1.1 be directly connected with and draining towards an intermittent or perennial stream; 1.2.1.2 be contiguous with the rest of the mitigation site protected under a perpetual conservation easement; 1.2.1.3 stormwater runoff from overland flow shall drain towards the ditch; 1.2.1.4 be between one and three feet in depth; and 1.2.1.5 the entire length of the ditch shall have been in place prior to the effective date of the applicable buffer rule. The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for crediting purposes. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ditch. The watershed draining to the ditch shall be at least four times larger than the restored or enhanced area along the ditch. The perpetual conservation easement shall include the ditch and the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits future maintenance of the ditch. The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for restoration or enhancement. GES proposes that, upon approval by NC-DWR, a 50 -foot buffer on the west side of Ditch 3 and a 50 -foot buffer on the east side of Ditch 3 will be eligible for riparian buffer mitigation credits. Similarly, a 50 -foot riparian buffer on the west side of Ditch 5 will be eligible for riparian buffer credits based on Subsection: (o): Alternative Buffer Mitigation Options, Restoration and Enhancement of Ditches, (8) Restoration and Enhancement on Ditches of the Buffer Rules, cited above. Documentation addressing the ditch alternative criteria is included in Appendix 3. 11 1.2.2 Bank Description The proposed Dixon Road Bank will consist of two tracts, each with acreage designated for riparian buffer credits and nutrient offset credits (Figures 4 and 5-A). Tract 1 consists of Stream 1 with no tributary streams or ditches present. Stream 1 flows off the Bank parcel toward the northwest to Joe Branch and then to Chocowinity Creek. Tract 2 consists of Stream 2 with three tributary ditches (Ditches 3, 4 and 5). Stream 2 flows in a generally northeastward direction off the property to Chocowinity Creek. Ditch 3 flows from south to north into Stream 2 and Ditch 5 flows from north to south into Stream 2. Ditch 4 likely has a bi-directional flow pattern with the western portion of Ditch 4 flowing into Stream 2 but the eastern portion flowing east and then north joining Stream 2 at the eastern boundary of the Bank property. The Ditch 4 offset will not be included in the Bank acreage calculation and the western section of the ditch will be filled with soil to ensure it does not discharge to Stream 2, pending approval of Ditch 3 for riparian buffer credits. Within the property boundaries, in Tract 1, riparian restoration activities designated for riparian buffer credits along Stream 1 will extend from the top of the stream bank landward a maximum of 100 feet on each side of the of the stream and paralleling the contour of the stream (Figures 5- A and 5-B). The riparian restoration activities from this 100 -foot parallel line outward to a maximum of 200 feet will be designated for nutrient offset credits. Any portions of the proposed Bank area with existing trees will be excluded. Similarly, in Tract 2, riparian restoration activities along Stream 2 within 100 feet of the stream will be designated for riparian buffer credits and from 100 feet to a maximum of 200 feet (but not overlapping with Tract 1) will be designated for nutrient offset credits. The designation of acreage adjacent to Ditches 3 and 5 are expected to provide riparian buffer credits within the first 50 feet landward from the tops of ditch banks and nutrient offsets 51 feet to a maximum of 200 feet landward from the tops of ditch banks (Figures 5-A and 5-B). Each side of Ditch 3 will be planted as part of the riparian restoration activities; only the western side of Ditch 5 will be planted since the eastern side is already forested with a mature mixed pine and hardwood forest. Table 1 provides an estimate of the acreage and square footage of mitigation 7 credits for the Bank tracts. Table 1. Approximate areal coverage of the Bank tracts. A boundary survey will be conducted to determine the actual acreage; this survey will be included in the Bank post -construction As -Built report. (See Tables 9-A and 9-B) for a more detailed description of project components.) (See Figures 4 and 5-A). Waterway Riparian Buffer Acres Nutrient Offset Acres Tract 1: Stream 1 3.8 3.8 Tract 2: Stream 2 2.9 2.4 Tract 2: Ditch 3 1.2 0.9 Tract 2: Ditch 5 0.4 1.2 Totals 8.3 8.3 Total acreage in Bank: 16.6 acres 1.2.3 Water Quality Assessments and Stream Classifications The Tar -Pamlico River Basinwide Water Quality Management Plan 2010, Water Quality Overview for the Pamlico River Subbasin (HUC 03020104) is as follows: "Water quality in this subbasin is primarily impacted by nutrient loading and resulting chlorophyll -a impairment in the estuary. The current chlorophyll -a impairment extends from just below Washington in the Pamlico River to Saint Claire Creek, similar to the 1994 conditions. NC-DWR also recently began assessing for metal toxicity, resulting in several new impairments because of copper levels." (https:Hfiles.nc.gov/ncdeq/Water%20Quality/PlanningBPU/BPU/Tar Pamlico/Tar%20Pam%20PIans/2010%20P1a n/TarPamlicoBasinP1an2010noappendices.pdfl H. Table 3. North Carolina Surface Water Classifications for waters found on or downstream from the Dixon Road Mitigation Bank (https:Hdeq.nc.gov/about/divisions/water-resources/planning/classification- standards/clas sifications#DW RPrimaryClas sification). Surface Classification Definition Water Category Classification C Primary Waters protected for uses such as secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. SB Primary Tidal salt waters protected for all SC uses in addition to primary recreation. Primary recreational activities include swimming, skin diving, water skiing, and similar uses involving human body contact with water where such activities take place in an organized manner or on a frequent basis. SC Primary All tidal salt waters protected for secondary recreation such as fishing, boating, and other activities involving minimal skin contact; fish and noncommercial shellfish consumption; aquatic life propagation and survival; and wildlife. NSW — Supplemental Supplemental classification intended for waters needing additional Nutrient nutrient management due to being subject to excessive growth of Sensitive microscopic or macroscopic vegetation. Waters Sw — Swamp Supplemental Supplemental classification intended to recognize those waters which have low velocities and other natural characteristics which are different from adjacent streams. 1.2.4 Boundary Survey A licensed surveyor will be contracted to conduct a boundary survey. The survey will follow standards and practices provided in North Carolina G.S 47-30, Mapping Requirements for Recordable Maps (http://www.ncbels.org/rules/GS47-30compiledwithSL2017-27HB454rev7-1- 2017.pdf). On-site, monumented boundaries will be established identifying the Bank footprint and conservation easement boundaries. A survey plat will be generated that will include pertinent physical features (i.e., stream and ditches, adjacent roadways) as well as easement boundaries from the tops of stream and ditch banks landward to the50- foot and 100 -foot riparian buffer boundaries and 200 -foot nutrient offset boundaries, or less as site conditions allow. The boundary survey will be used to determine restoration credits exclusive of the widths of streams and ditches; the boundary survey will, however, include those stream and ditch widths within all maps and figures depicting conservation easement boundaries. The boundary survey will be included as a component of post -construction As -Built document and submitted to NC-DWR. 10 2.0 Project Area — Existing Conditions The proposed Bank is located in the central coastal plain of eastern North Carolina. The landscape in the vicinity of the Bank is largely rural with the uplands in agricultural and silvicultural land uses and limited rural housing development. The uplands are dissected with numerous creeks and swamps; the largest being Chocowinity Creek and its associated swamps. Prior to European settlement and subsequent conversion to agricultural and forestry production the dominant plant communities were likely Mesic, Mixed Hardwood Forests (Coastal Plain Subtype) and Coastal Plain Small Stream Swamp (Blackwater Subtype) based on the North Carolina Natural Heritage Program natural communities classification system developed by Shafale and Weakley (1990). The abundance of small creeks and swamps and the relatively small interstream flats likely inhibited frequent fire return intervals and the development of fire - dependent plant communities that were common in other portions of the coastal plain. The earliest USGS topographic map indicating land use (agricultural and forest) in the immediate vicinity of the Bank site was 1951; these conditions are essentially unchanged for the past six decades. The earliest topographic map indicating the present-day location of Dixon Road is 1902. Photographs of the Bank site in March and August 2018 are provided in Appendix 4. A site visit in January 2019 indicated that there were no alterations of site conditions since those photographs were taken and that the site was left out of cultivation during the 2018 growing season and colonized by annual grass and herbaceous vegetation. 11 2.1 Physiography The proposed Bank parcel is located within the Inner Coastal Plain Physiographic Province, within the Rolling Coastal Plain Ecoregion (online at: http://pages.pomona.edu/—wsteinmetz/IDI/nc_eco_pg.pdf). Based upon review of the United States Geological Survey (USGS), Hackney, North Carolina Quadrangle, the proposed Bank is located in the Chocowinity Creek watershed with elevations ranging from 26 feet to 34 feet above mean sea level (Figures 5 and 6). Topographic relief and surface drainage is generally northward. Stream 1 originates from a seep approximately 10 m to 20 m south of the property and flows northwest where it exits the property then discharges to Joe Branch approximately 275 m to the northwest (Figures 4 and 5- A). Joe Branch discharges to Chocowinity Creek at approximately 1 km which in turn discharges to Chocowinity Bay, off the Pamlico River Estuary, approximately 7 km northward. Stream 2 originates on the Bank parcel, receiving surface waters from on-site drainage ditches and flows in a northeastern direction off the parcel where it discharges less than 1 km to Chocowinity Creek, which in turn discharges to Chocowinity Bay 8 km downstream. 2.2 Geologic and Soil Characteristics The dominant mapped soil series at the proposed Bank is Craven fine sandy loam (CrB). Craven clay loam (CsC2) and Lenoir loam (Le) are also mapped within the footprint of the Bank (Table 4 and Figure 8). All of soil series exhibit slow permeability. The Leaf series has poor drainage, the two Craven series are moderately well -drained (http://co.beaufort.nc.us/departments/community- services/planning/gis-land-records). Regionally, these soils are most commonly used for agriculture (improved with drainage ditches), pasture and forest; all soils within the proposed Bank were in agricultural production prior to the 2018 growing season. The Leaf series has a woodland suitability group designation of 2w9, thus suitable for the broad -leafed species: sweetgum, yellow poplar, cottonwood, willow oak, water oak, Shumard oak, swamp chestnut oak, cherrybark oak, green ash, sycamore, water tupelo and swamp tupelo; and the needle -leaf species: loblolly, slash and longleaf pines and bald cypress. The two Craven series have a 12 woodland suitability group designation of 3w2, thus best suited for pine production (loblolly, slash and longleaf pine). While the Soil Survey does not list preferred broad-leaved tree species for the Craven series, most of the same species listed for the Craven series should be suitable. Table 4. Soil series at the proposed Dixon Road Mitigation Bank; from the Beaufort County, NC, GIS / Land Records website (http://co.beaufort.nc.us/departments/community-services/planning/gis-land- records). Soil Series Soil Soil Description Symbol Craven clay CsC2 Dominant in northern portion of tract; 4-12% slope, slow loam ermeabilit . Woodland suitability group: 3w2. Craven fine CrB Dominant in middle portion of tract; 1-2% slope, slow permeability. sandy loam I Woodland suitability group: 3w2. Leaf silt Le Dominant in southern portion of tract; poorly drained, slow loam permeability. Woodland suitability group: 2w9 13 2.3 Existing Vegetative Communities The existing vegetation in the periphery of the proposed Bank is dominated by thirteen tree species; all are native to the region (Table 5). The most common species are sweetgum, loblolly pine, willow oak water oak and red maple. Seedlings produced by these species will likely be natural colonizers thus will not be planted as part of forest restoration within the Bank, unless explicitly requested by GES and approved NC-DWR. Understory, vine and shrub species in the vicinity include: wax myrtle (Myrica cerifera), American holly (Ilex opaca), blueberry species (Vaccinium spp.), giant cane (Arundinaria gigantea), grape species (Vitis spp.) and catbriar species (Smilax spp.). Representative photographs of forest vegetation along the eastern, southern and western boundaries of the project site are provided in Appendix 4; the northern boundary was the Dixon Road right of way and was not forested. Table 5. Mature tree species in the periphery of the Dixon Road Mitigation Bank. Species Common Name Location* Acer rubrum Red maple SW, NE, SE Diospyros virginiana Persimmon SE Carya sp. Hickory NE Liquidambar stryciflua Sweetgum NW, SW, NE, SE Nyssa sylvatica Black gum NW, SW Pinus taeda Loblolly pine NW, SW, NE, SE Prunus serotina Black cherry NW, NE Quercus alba White oak SW Quercus nigra Water oak SW, NE, SE Quercus phellos Willow oak NW, SW, NE, SE Quercus rubra Red oak NW, NE Quercus stellata Post oak SW Ulmus americana American elm NE *NW= Western (downstream) end of Stream 1, SW = Southern (upstream) end of Stream 1, NE = Eastern (downstream) end of Stream 2 and Ditch 5, SE = Southern (upstream) end of Ditch 3. 14 During 2017, the acreage within the proposed Bank was cropped with soybeans. Given the soils and location of the site, row crops (soybeans and corn) have likely been planted historically. The site was not cropped for the 2018 growing season and subsequently colonized by a mix of native and non-native grasses and forbs. During the 2018 growing season, the dominant species that had colonized the site was foxtail grass (Setaria sp.) and sicklepod (Senna obtusifolia) (Appendix 4). Also on site were dogfennel (Eupatorium capillifolium), marestail (Erigeron canadensis), horse - nettle (Solanum carolinense), blackberry (Rubus sp.) and sedges (Cyperus spp.) 2.4.0 Potential Constraints on Bank Establishment An agricultural field drainage tile was identified in Tract 1 during the NC-DWR Site Assessment in March 2018. This drainage tile discharged to Stream 1 and its location is identified in Figure 5-A. The tile will be removed during the riparian restoration activities. In addition, a drainage culvert in Stream 1 and a culvert in Ditch 3 will be removed to ensure that hydrologic connectivity is not impeded in these waterways. Pending approval of Ditch 3 for riparian buffer mitigation credits (Appendix 3), the western portion of Ditch 4 will be filled with soil to ensure that the proposed riparian buffer is not bisected. There are no other known site or situation constraints that would preclude the establishment and long-term maintenance of the proposed Bank. To ensure that Ditches 3 and 5 are in compliance with site requirements for riparian buffers on ditches as stipulated in Appendix 3, Greene Environmental Services, LLC will acquire any portions of ditches not already owned by GES through fee simple title or easement transfer. 15 2.4.1 Threatened and Endangered Species The North Carolina Natural Heritage Program (NCNHP) maintains a database that includes state and federally listed species by USGS, 1:24,000 Topographic Quadrangle (NC -NHP: http://www.nenhp.org/web/nhp). The proposed Bank is located near the north -center of the Hackney, NC, USGS Quadrangle and the Bank is situated greater than four kilometers from the next nearest quadrangle (Figure 6). For this document, only federally listed, Threatened and Endangered Species are required to be listed. There are four federally listed endangered species and one federally listed threatened species for the Hackney, NC quadrangle (Table 6). The northeastern portion of the quadrangle includes Chocowinity Bay, a low salinity embayment on the southern side of the Pamlico River Estuary; the majority of the quadrangle is upland in managed forest and cropland usage dissected by small streams and floodplains. The endangered and threatened species listed are most likely to be found in Chocowinity Bay and its associated shoreline swamps. Two of the endangered species are species of anadramous sturgeon (shortnose and Atlantic sturgeon) that required deep water habitats; such habitat does not exist at the Dixon Road Bank. Similarly requiring deep water habitats are West Indian manatees that are listed as endangered for the Hackney quadrangle but suitable habitat does exist at the Bank. The endangered herbaceous plant species, rough -leaf loose strife is listed for the quadrangle but is a species found in ecotones between longleaf pine savannas and pond pine pocosin; this habitat is not found at the Bank. American alligator is listed as a threatened species for the Hackney quadrangle but the existing agricultural land use at the Bank site is not compatible with alligator habitat; once the Bank is reforested there may potentially be suitable habitat though unlikely due to the limited size of the stream floodplains. Though no longer endangered or threatened, the bald eagle (Haliaeetus leucocephalus) is given special protection by the Bald and Golden Eagle Protection Act (1940); this status for the bald eagle is listed for the Hackney Quadrangle but habitat at the Bank parcel is not suitable for this species; once the planted and colonizing trees mature, eagle nesting habitat may be available. 16 Table 6. Federally listed threatened and endangered species in the Hackney, NC, USGS Topographic Quadrangle. Also included in table are species otherwise noted as federally listed for the quadrangle (NC Natural Heritage Program). Taxonomic Scientific Name Common Federal Status Topo Map Group Name Status Freshwater fish Acipenser Shortnose E - Endangered Historic brevirostrum sturgeon Freshwater fish Acipenser oxyrinchus Atlantic E - Endangered Current Oxyrinchus sturgeon Reptile Alligator American T (S/A)* - Threatened Current mississippiensis alligator Vascular plant Lysimachia Rough -leaf E - Endangered Historical Asperulifolia loosestrife Mammal Trichechus manatus West Indian E - Endangered Current manatee *The threatened due to similarity of appearance. A species that is threatened due to similarity of appearance with another listed species and is listed for its protection. Species listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation (Section 7 of the Endangered Species Act requires that federal agencies develop a conservation plan for the species). 2.4.2 Cultural Resources An online review of historic sites mapped on the North Carolina Historic Preservation Office website (http://gis.ncdcr.gov/hpoweb/) did not reveal any historic sites on the Bank parcel. Similarly, site visits to the Bank parcel did not reveal any existing structures or remains of structures on site. There were three historic sites mapped that are less than one mile (but all greater than 4000 feet away) from the Bank parcel: the William C. Ecklin House (c.1840, HPO ID: BF1806), the Redden Warren House (c.1900, HPO ID: BF1658), and the Isaac Edwards Farm (c.1900, HPO ID: BF1663). The construction, establishment and maintenance of the Bank will likely have no impacts on these historic properties, nor will the continued preservation of these sites impose any constraints on the construction, establishment and maintenance of the Bank. 17 2.4.3 Flood Potential A search of the Beaufort County, GIS / Land Records website for flooding hazard potential indicated that the entire Dixon Road Bank parcel was outside of any flood hazard zone (https:Hco.beaufort.nc.us/departments/community-services/planning/gis-land-records). Thus, no known flood hazard exists for the Bank tracts (Figure 9). 2.4.4 Infrastructure There are no known underground sewer lines, natural gas pipelines, above or below -ground electric lines or their rights -of -ways, county drainage district easements, or existing or planned within the proposed Bank tracts, (Jamie Heath, Mid -East Commission Planner, Washington, NC, personal communication, 06 August 2018). There are no known buried tanks, landfills, or illegal dumps within the proposed Bank tracts (Appendix 5). The 2014 Beaufort County Comprehensive Transportation Plan developed by the NC Department of Transportation, Transportation Planning Branch, vehicle use capacity per day (vpd) for Dixon Roads was 14,800 vpd; the proposed capacity for the year 2040 did not change (https:Hconnect.ncdot.gov/projects/planning/TPBCTP/Beaufort%20County/BeaufortCTPReport.pdf). This capacity does not reflect an apparent much lower actual usage however. The NCDOT report does not indicated any planned road widening or relocation for Dixon Road or any new road construction in the vicinity of the propose Bank; this was corroborated by Mid -East Commission Planner, J. Heath. The proposed Bank will not be established within the 30 -foot (from road centerline) road right-of-way. 18 3.0 Proposed Riparian Restoration Plan In an effort to improve water quality in the Tar River and subsequently downstream in the Pamlico River and Pamlico Sound estuaries, the NC Department of Environmental Quality classified the entire Tar -Pamlico River Basin as Nutrient Sensitive Waters (NSW) in the NC DEQ 2010 Tar- Pamlico River Basinwide Plan (online at: https:Hdeq.nc.gov/about/divisions/water- resources/planning/basin-planning/water-resource-plans/tar-pamlico-2010). As such, various nutrient management strategies have been implemented to reduce nitrogen and phosphorus loading in waters within the basin. One key strategy is to promote the establishment of vegetated riparian areas along natural and man-made water conveyances (ditches, canals, streams) that are within or adjacent to lands in agricultural production. Vegetated riparian areas reduce nutrient in several ways. Permanent vegetated riparian areas remove lands from agricultural production thus those lands do not receive direct application of fertilizer (chiefly nitrogen, phosphorus and potassium) and reduce soil erosion thereby reducing the nutrients (principally phosphorous) that are affixed to sediments. In addition, forested riparian areas separate agricultural lands from waterways, and with deep-rooted trees and stable soils, intercept, uptake and sequester nutrients found in groundwater and surfaces waters emanating from those agricultural lands (Spruill 2004, Klapproth and Johnson 2009, NC Conservation Network 2016). A goal of the proposed Bank is to convert existing agriculture land adjacent to the streams and ditches into a riparian restoration site. This entails establishing and preserving, through conservation easement, a 200 -foot wide vegetated riparian zone adjacent to qualifying streams and ditches in the Bank project area. Once established, the vegetation in this zone will consist of planted native tree species and, through natural succession, colonizing herbaceous, shrub and tree species. 19 3.1 Site Preparation and Sapling Planting at the Bank Parcel Prior to planting the site will be prepared by mowing the existing vegetation (Table 7). Prior to planting the soil surface of the Bank tracts will be disked and groomed. Any drainage tiles discharging to the streams or ditches will be removed such that the drainage discharge is decoupled from the stream. Culverts on Streams 1 and Ditch 3 will be removed to help ensure that water flow in the streams is not impeded. Planting furrows will be plowed in rows generally paralleling streams and ditches to facilitate planting and create a microtopography that reduces surface water runoff and erosion and promotes surface water retention. An appropriate riparian seed mix will be applied to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events in areas disturbed by the disking. It should be noted that due to excessive rainfall during 2018 and saturated or ponded soil surfaces, site preparation activities requiring tractors or similar equipment may be limited. Table 7. Summary of site preparation and planting activities. Activity Projected Dates Description Boundary March — May Mark outer boundaries of the Bank tracts. Marking 2019 Removal of March — May Any sub -surface drain tiles evident on-site will be drainage tiles 2019 excavated and culvert will be removed. Filling a and culverts, portion of Ditch 4 with local soil. filling Ditch 4 Disking* March — May Disk Bank tracts leaving a groomed surface. 2019 Planting March — May Furrow planting lanes parallel to adjacent water furrows* 2019 courses at 12 -foot spacings. Plant saplings March — May Manual planting of saplings. 2019 Sow grasses March — May Required cover crop. (may be able to plant winter 2019 cover crop earlier) *Dependent upon soils saturation at the time the activity is planned. 20 The Bank will be planted with a mix of "character tree" species during March - May of 2019 with bare -root saplings. "Character trees" are defined as planted or volunteer species identified from a survey of local vegetation on less degraded sections of the specified stream and from reference literature that details native species. Saplings of character tree species will be purchased from the North Carolina Forest Service, Claridge Nursery in Goldsboro, NC. The character tree species chosen will be based on their suitability to site and soil conditions as well as their availability. The species selected for planting and quantities that will be planted to achieve target density are listed in Table 8. Soil conditions range from moderately well -drained sandy and clay loams to poorly -drained silt loams, all with low permeability. On-site conditions affecting the hydrologic properties of the soils including topographic variation (slopes and flats), drainage ditches, stream channelization, and vegetative cover and land use. Tree species will be planted according to their adaptations to on-site soil and topographic conditions. River birch (Betula nigra) and sugarberry (Celtis laevigata) will be planted along stream margins and in areas prone to standing water on the more hydric soils. Sycamore (Platanus occidentalis), black walnut (Juglans nigra), and swamp chestnut oak (Quercus michauxii) will be planted in mesic and hydric soils. It should be noted that, based on drainage, all five of the species selected for planting should perform well throughout the site. The target density of planted trees at the end of the required five -years of monitoring is 260 trees per acre, in accordance with the MBI and 15A NCAC 02B .0295 (n)(2)(B). To achieve this target density, tree saplings will be planted in rows generally paralleling streams and ditches. The rows will be approximately twelve feet apart and the saplings will be planted at intervals of approximately eleven feet resulting in a projected yield of 335 saplings per acre. Planting at a density of 335 saplings per acre allows for a 22% sapling mortality. An estimated 5560 saplings will be planted on the approximately 16.6 -acre proposed Bank. Bareroot saplings will be manually planted between March and May 2019. An "As -Built Report" will submitted to NC-DWR after all site work is completed and it will include a summary of the planting efforts and a finalized topographic survey indicating exact acreages within the Bank. Also, any deviations in planting design or species composition from those elucidated in this document 21 will be explained and justified in the "As -Built Report". Table 8. Character trees proposed for planting at the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank. Greene Environmental Services, LLC. Scientific Name Common Name Targeted Soil Conditions Number Proposed for Planting Betula nigra River birch Mesic / Hydric 1340 Celtis laevigata Sugarberry Mesic / Hydric 950 Juglans nigra Black walnut Mesic 950 Platanus occidentalis Sycamore I Mesic 1370 Quercus michauxii Swamp chestnut oak I Mesic 950 Total 5560 22 4.0 Monitoring and Maintenance Plan The Bank will be monitored annually for a minimum of five years, or until the NC-DWR success criteria have been met. Supplemental planting or other site modification deemed necessary to achieve success criteria will be documented in the annual monitoring report for that particular year. Vegetative success will be monitored within the restored nutrient offset riparian areas and a monitoring report will be provided to NC-DWR no later than December 31 st for five years or until success criteria have been met. The report will include vegetative plot summary (stem counts, stem heights, and stems per acre estimates) monitored in accordance with the CVS-EEP Protocol for Recording Vegetation (CVS-EEP, v. 4.2). Plots measuring 100 m2 (lOm x lOm) (0.0247 acres) will be permanently established at the approximate locations identified on Figure 10. The exact locations of the plots will be indicated on the boundary survey that will be included in the "As -Built Report" prepared after all planting and site work is completed. Plots will be established in each of the two tracts based on the final acreage in accordance with the MBI. A minimum of two percent of the Bank acreage is required to be in monitoring plots, thus 0.33 acres of the approximately 16.6 -acre Bank. Fifteen 10m x 10m plots contains 0.35 acres, thus slightly more than the required monitoring plot acreage. Adjustments to the number and location of the monitoring plots will be made pending the boundary survey to determine the exact acreage of the Tracts and Bank. Expectedly, based on current acreage estimates, Tract 1 will contain seven monitoring plots designated DX -1 through DX -7, and Tract 2 will contain eight monitoring plots designated DX -8 through DX -15, for a total of fifteen monitoring plots (Figure 10). Plant species composition, survival rates, character species density and tree height will be recorded within each plot, as well as general notes on problems encountered or unique situational developments. In addition, any naturally colonizing saplings greater than or equal to 0.5 in in height will be similarly recorded. Photographs of each plot from the same plot corner (northwest corner) will be included in the annual monitoring reports to provide NC-DWR with a snapshot of the site success each year. At the end of the five-year monitoring period, a target density per acre of 260 planted trees is required with no more than 50 percent comprised of any one species. in accordance with the Tar -Pamlico Basin Buffer Rule: 15A NCAC 02B .095 (n)(2)(B). Monitoring will take place between late August and October of 23 each monitoring year. The first annual monitoring report will be submitted by December 31, 2019 and the projected final annual monitoring report, pending approval by NC-DWR, will be submitted by December 2023. 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 NC-DWR. Signage will be installed at prominent locations along access roads and paths, and tract boundaries, to identify the Bank tracts as protected, conservation areas. The signs will be maintained by Greene Environmental Services, LLC for the duration of the five-year monitoring period. The signs will list prohibited activities within the Bank (e.g., mowing or cutting vegetation, excavation or deposition of spoil material, vehicular traffic), as well as contact information for Greene Environmental Services, LLC. Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by marker, bollard, post, tree blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. 24 5.0 Long Term Maintenance and Protection Upon the approval of this BPDP planning document and as part of the riparian buffer restoration activities, a conservation easement will be placed on the Bank parcel. A draft of the conservation easement for the Bank is provided in Appendix 6. The approximate boundary of the proposed easement is depicted in Figure 11. Greene Environmental Services, LLC will be responsible for Bank maintenance and monitoring to ensuring that the terms of a conservation easement are met for five years, beginning in 2019 and ending in 2024, or until NC-DWR approves a final oversight closeout. GES (Bank Sponsor) will transfer the conservation easement to a NC-DWR - approved land trust or similar land management agency (Grantor). The Grantor will assume the responsibilities of maintaining the conservation easement and the integrity of Bank boundaries using posts, bollards, and signage identifying the Grantor as the responsible entity. The Grantor will conduct annual sight visits to inspect the Bank parcel and maintain records to that effect. 6.0 Financial Assurance Greene Environmental Services, LLC will provide a performance bond to ensure completion of all mitigation work. The amount of the performance bond shall be sufficient to cover all costs associated with establishing the site for its proposed mitigation. The amount of the performance bond shall be sufficient to cover all costs associated with establishing the site for its proposed mitigation, but shall not be less than $150,000. Upon approval of the "As -Built Report", Greene Environmental Services, LLC will provide financial assurance in the form of a monitoring bond to ensure that adequate funds are available for completion of the maintenance and monitoring outlined in the BPDP, Section 4 and in the MBI. Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of renewal provided to NC-DWR with each annual monitoring report when applicable. NC-DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when applicable. 25 7.0 Riparian Buffer and Nutrient Offset Mitigation Potential The proposed Bank is located in Tar -Pamlico River, Pamlico Sub -basin, HUC 03020104 (Figures 1 and 2). Riparian buffer and nutrient offset mitigation credits will be available for development activities requiring mitigation in this HUC only. The projected acreage of the Bank totals 16.6 acres. Of that total, 8.3 acres is expected to generate Tar- Pamlico riparian buffer credits and 8.3 acres is expected to generate nitrogen and phosphorus nutrient offset credits; the exact acreage will likely differ pending a certified boundary survey that will be conducted post -bank construction. The final, adjusted acreages, and riparian buffer and nutrient offset yields will be submitted with the "As -Built Report". Riparian buffer credits are generated on a per square foot basis. Thus, 8.3 acres would yield 361,548 square feet of riparian buffer credits (Table 9-A). Nitrogen (N) and phosphorus (P) credits are generated at a rate of 2,273.02 lbs-N/acre and 146.40 lbs- P/acre, respectively. Thus, 8.3 acres of nutrient offset acreage would yield 18,866.07 pounds of nitrogen (N) credits and 1,215.12 pounds of phosphorus (P) credits (Table 9-B). The Bank Sponsor (GES) will maintain and keep updated, three credit ledgers; one ledger will be for riparian buffer credits, one ledger for nitrogen nutrient offset credits and one ledger for phosphorus nutrient offset credits. For this site, all riparian areas proposed in Table 9-A for riparian restoration were determined by NC-DWR to be in agriculture. Therefore, 8.3 acres of riparian buffer restoration credits shown in Table 9-A, can be used for either Tar -Pamlico riparian buffer credits or nutrient offset credits, but not both. The Sponsor (GES) must submit a written request and receive written approval from NC-DWR prior to any credit conversions or transfers to the buffer and nutrient offset credit ledgers. 26 Table 9-A. Summary of riparian buffer components and projected mitigation credits generated by the Dixon Road Bank (See Figures 5-A and 5-B). Riparian Area* Credit Type Mitigation Total Credit Percent of Credit Rate Credit Yield Type Acreage Ratio Full Credit (ft2/acre) (ft) Tract 1, Stream 1: Riparian Riparian 3.8 1:1 100% 43,560 ft2/acre 165,528 ft2 TOB -100ft Buffer Restoration Tract 2, Stream 2: Riparian Riparian 2.9 1:1 100% 43,560 ft2 /acre 126,324 ft2 TOB- 100ft Buffer Restoration Tract 2, Ditch 3: Riparian Riparian 1.2 1:1 100% 43,560 ft2 /acre 52,272 ft2 TOB -50ft Buffer Restoration Tract 2: Ditch 5: Riparian Riparian 0.4 1:1 100% 43,560 ft2 /acre 17,424 ft2 TOB -50ft Buffer Restoration Total Riparian Riparian 8.3 1:1 100% 43,560 ft2 /acre 361,548 ft2 Buffer Restoration *Riparian buffer areas extend landward to a maximum of 50 feet from ditch banks and 100 feet from stream banks, or the maximum distance as constrained the Bank configuration and property boundaries. Table 9-B. Summary of nutrient offset components and projected mitigation credits generated by the Dixon Road Bank (See Figures 5-A and 5-B). Riparian Area* Credit Type Mitigation Total Credit Percent Nitrogen Credit Yield Phosphorus Credit Yield Type Acreage Ratio of Full (2,273.02 lbs-N/acre) (146.40 lbs-P/acre) Credit Tract 1, Stream 1: Nutrient Riparian 3.8 NA 100% 8,637.48 lbs -N 556.32 lbs -P 101 ft - 200ft Offset Restoration Tract 2, Stream 2: Nutrient Riparian 2.4 NA 100% 5,455.25 lbs -N 351.36 lbs -P 101ft - 200ft Offset Restoration Tract 2, Ditch 3: Nutrient Riparian 0.9 NA 100% 2,045.72 lbs -N 131.76 lbs -P 51 - 200ft Offset Restoration Tract 2: Ditch 5: Nutrient Riparian 1.2 NA 100% 2,727.62 lbs -N 175.68 lbs -P 51 - 200ft Offset Restoration Total Nutrient Riparian 8.3 NA 100% 18,866.07 lbs -N 1,215.121bs-P Offset Restoration *Nutrient offset areas extend landward to a maximum of 200 feet from riparian buffer zones, or the maximum distance as constrained the Bank configuration and property boundaries. 8.0 References Klapproth, J.0 and J.E. Johnson. 2009. Understanding the Science Behind Riparian Forest Buffers: Effects on Water Quality. Virginia Cooperative Extension online publication: http://pubs.ext.vt.edu/420/420-151/420-151.html Lee, M. T., Peet, R.K., Roberts, S. D., and Wentworth, T. R. 2008. CVS-EEP Protocol for Recording Vegetation Level 1-2 Plot Sampling Only. Version4.2. North Carolina Conservation Network. 2016. North Carolina's Riparian Buffers: A Scientific Review. Online publication: http://www.ncconservationnetwork.org/ Shafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NC Department of Environment and Natural Resources, Raleigh, NC. Spruill, T.B. 2004, Effectiveness of riparian buffers in controlling groundwater discharge of nitrate to streams in selected hydrogeologic settings of the North Carolina Coastal Plain, Water 29 HUC: 03020104 lot Tar -Pamlico River Basin in North Carolina Dixon Road Bank Figure 1. Tar -Pamlico River Basin indicating the location of the Dixon Road Bank within HUC 03020104. Pamlico River Subbasin ' J �1 0 08: 55000 , Y,ti /rr DWQ Subbasin 03-03-07 C61'� � Y h os1s5 1V� "—f 1Nashington . t /\ u air ; inity j Prepared by DWQ 3asinwide Planning Unit 1 October 2010 8 -Digit HU{, 03020104 1� DWQ Subbasin `, lk'hitcC rensT�ibmar}' �� 03-01-51 1 � 09757230 s' I Lake Canal ` Hiiiuing1 .11. Canal 4 09757250 09757540 1 �c 09757350 09757359 1 ,� d' 09757370 �4. �Co 09757270 c41 ` fake For io 00757305 09757580 ` ++ Pantego \bye a}Wut 'Y Cann11 . — CiT P 1otYaaPas�S}ligata[ �jR Bnnnda. Canal 087585 ..�r �pan':o RS,;es ,/ Belhaven 1 O 09 w6O 61 62000 009761 oa0 Figure 2. Dixon Road Bank location within HUC 03020104. 76i0976300E O R -Di it HUC Boundan g 'O Bath 75fl500 lie Old DWQ Subbasin a950o¢ soy f `� • Municipality NPDES Discharger Permits 00e � Major oa DWQ Subbasin - Minor Cis 03-03-08 Use Support Rating r r Supporting Not Rated v-"jy,t� Creek l ro No Data �S�st 3m Impaired rAuror ImpaImpaired- Shellfish oF,a Copper Impairment Monitoring Sites a ,} Cres b Ambient Ambient Special Study 0 3 6 12 " Fish Community Miles oI Benthic rantsboro ------------------ * Lake Figure 2. Dixon Road Bank location within HUC 03020104. x. R t4p '101 IL f + wisp .. Chocowinity Bay A IV �. Yard r , •. ,, s � . {�(p` fi CFork Poirot Island61 r Wiv, it l 9MiP' .,u ` 111 i iii if #+ Pamlico i River Estuary Chocowinity Creek ' TO% %lift - f AMM 2016 Google' - 2.1mi Google Earth 6 + Figure 4. Tracts 1 and 2 within the 22.49 -acre property parcel (Beaufort County GIS parcel # 46392) owned by Greene Environmental Service, LLC. Acreage highlighted in yellow will be added pending approval of the BPDP. Figure 5-A. Dixon Road Mitigation Bank credit determination map depicting approximate boundaries riparian buffer and nutrient offset acreages, and associated streams and ditches. Red arrow indicates approximate location of drain tile and black arrows indicate approximate locations of culverts; these structures will be removed during Bank site preparation. Streams and ditches are approximately 8 feet wide between bank tops and these areas were not included in credit determinations. (See Tables 9-A and 9-B.) Figure 5-B. Dixon Road Mitigation Bank credit determination map depicting approximate boundaries of riparian buffers and nutrient offsets with arrows depicting the direction of the credit acreages from associated streams and ditches. Hackney, NC USGS 7.5' Quadrangle 2013 F=F 1 0 miles 0.25 0.5 1.0 1.5 Figure 6. Hackney, NC USGS 7.7' Quadrangle 2013. The Dixon Road Bank is located within the red square; an excerpt of the Bank location is in Figure 7. 1 yl / I 1 f d 1 1 I Hackney, NC USGS 7.5' Quadrangle 2013 F=F 1 0 miles 0.25 0.5 1.0 1.5 Figure 6. Hackney, NC USGS 7.7' Quadrangle 2013. The Dixon Road Bank is located within the red square; an excerpt of the Bank location is in Figure 7. Figure 7. USGS, Hackney, NC 7.5' Quadrangle, excerpt. The proposed bank is within the red polygon. Streams 1 and 2, and Ditches 3and 4 are depicted. Ditch 5 is not indicated on the USGS Quadrangle. The blue line labelled as NA is not present as a waterway on the site based on field observations. jIr, Cr8 %G A J Ly Le C5 Figure & Mapped soil series at the p opose Dixon Road Mitigation Sa k(re polygon); from the Se ofr County, 9C, GIS/Ea J Records website (h#p:2c ¥e a or.n .0 % e acme RQommunit -servic Cp a ning /s!a d r c r /. Mapped soil series arb Craven da loam (CSC2,Craven fine sandy loam (Cr ), and Ee£ silt loam (Le). Table 4 provides a ds&pion oft es soils. fid:: N RD 4? Figure 9. Flood Map for the Dixon Road Bank (red square). The entire Bank parcel lies outside of any flood zones (darker green and pink areas) (Beaufort County, North Carolina GIS/Land Records, http://maps.agdmaps.com/nc/beaufort/). Figure 10. Approximate locations of 0.0247-acre monitoring plots (blue squares) at the proposed Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank. The monitoring plots will be 10 m x 10 m; the plots depicted are not to scale. Figure 11. Approximate conservation easement boundaries and areas for the proposed 16.6 -acre Dixon Road Bank. The easement boundaries are delineated in black; the easement areas are highlighted in yellow. Appendix 1 Stream Determination Report for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank On-site Stream Origin Determination for Applicability to Tar - Pamlico Buffer Rules (15A NCAC 02B .059) Submitted by North Carolina Department of Environmental Quality, Division of Water Resources Dated: 08 June 2018 Submitted to Greene Environmental Services, LLC t..a Water Resources w Environmental Quality June 6, 2018 Ham Farms ATTN: Mr. Bobby Ham 963 US HWY 258 South Snow Hill, North Carolina 28580 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director 18-0466 BEALIFORTCounty Subject: On -Site Stream Origin Determination for Applicability to Tar -Pamlico Riparian Buffer Rules (15A NCAC 028 .0259) Subject Property/ Project Name: Dixon Road Mitigation Bank Address/Location: 883 Dixon Road, Chocowinity, NC; 0.25 miles W of intersection with Edwards Road (SR 1137) Stream(s) Evaluated: 4 (2 - Chocowinity Creek and Connecting Canals, Class C; Sw, NSW; Stream Index H29-6-2-1-(1), Tar -Pamlico River Basin; 2—Joe Branch and Connecting Canals, Class C; NSW; Stream Index@ 29-6-2-1-5; Tar -Pamlico River Basin) Determination Date: May 9, 2018 Staff: Chris Pullinger, Katie Merritt Determination Type: Buffer: Stream: ❑ Neuse (15A NCAC 0213.0233) ❑ Intermittent/Perennial Determination ® Tar -Pamlico (15A NCAC 02B.0259) Soil Survey ❑ Catawba (15A NCAC 02B.0243) 18-0466 A (1) ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) 18-0466 A Start ❑ Randleman (15A NCAC 0213.0250) ❑ Goose Creek (15A NCAC 02B.0605-.0608) 18-0466 B (3) Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo 18-0466 A (1) 1 X 18-0466 A Start 18-0466 A Finish X 18-0466 B (3) E/ditch X 18-0466 B Start 18-0466 B Origin X 18-0466 B (2) 1 X 18-0466 B Origin 18-0466 B Finish X 18-0466 C (4) ditch X 18-0466 C Start 18-0466 B Origin X 18-0466 D (NA) not on ground X 18-0466 D Start 18-0466 D End X 18-0466 E Ditch- not on maps X 18-0466 E Start 18-0466 E End *E/1/P = Ephemeral/Intermittent/Perennial The Division of Water Resources has determined that the streams listed above and included on the attached map have been located on the most recent published NRCS Soil Survey of Beaufort County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Tar - Pamlico Riparian Buffer Rule. Each stream that is checked "Not Subject' has been determined to not be at least intermittent or not present on the property. Streams that are checked "Subject' have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. -->"Nothing Compares? . _ State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: c/o Karen Higgins DWR-401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC27699-1617 If sending via delivery service (UPS, FedEx, etc.): c% Karen Higgins DWR-401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3922. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy LASERFICHE David Knowles, Greene Environmental Services, LLC (via e-mail: ocesdk@gmail.com) Gary Beecher, USAGE, Washington Regulatory Office (via e-mail) Katie Merritt, DWR Central Office USGS, Hackney, NC 7.5' Quadrangle, excerpt. The proposed bank is within the red polygon. Hydrologic Features 1-4 are depicted. Feature 5 is indicated on the site map but not on the USGS Quadrangle. The blue line labelled as NA is not present as a waterway on the site based on field observations. Noft Camft EmAbnmenhi Management Commbelat DM Reviewed ao�Y, 04W C'qrakrLs � � ■ i�' « ; lcg§. \ § 07� N. o. � � ■ i�' ^I .tf'i r �r i uJ 0 N � I1 C W 0 0 �D J O � c0 � n �D a m In in .r I} � 0 � N w co .r 0 m `v, c c. Z w fes.. � U m o � C � v � <o c (O o Q n, N K O O N ^I .tf'i r �r i uJ 0 N � I1 C W 0 0 Appendix 2 Site Viability Report for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank Site Viability for Buffer Mitigation & Nutrient Offset — Dixon Road Site Tar- Pamlico Basin — 03020104 HUC Submitted by North Carolina Department of Environmental Quality, Division of Water Resources Dated: 15 June 2018 Submitted to Greene Environmental Services, LLC Water Resources ENVIRONMENTAL QUALITY June 15, 2018 David Knowles Greene Environmental Services, LLC Ham Farm, 963 Hwy 258 S, Snow Hill, NC 28580 (via electronic mail: ocesdk(a�gmail.com ) ROY COOPER Golvrnol MICHAEL S. REGAN LINDA CULPEPPER Re: Site Viability for Buffer Mitigation & Nutrient Offset — Dixon Road Site Tar -Pamlico River Basin — 03020104 HUC 883 Dixon Rd, Chocowinity, NC Beaufort County Dear Mr. Knowles, On March 8, 2018, Katie Merritt, with the Division of Water Resources (DWR), received a request from you on behalf of Greene Environmental Services, LLC (GES) for a site visit near the above - referenced site in the Tar -Pamlico River Basin. The site visit was to determine the potential for riparian buffer mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately shown in the attached map labeled "Dixon Road -Figure I". On May 9, 2018, Ms. Merritt performed a site assessment of the subject site. Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to 200' from each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 1Subiect Riparian Land uses of Buffer 2Nutrient Mitigation Type Determination w/in riparian in the field to Buffer Feature onsite Offset areas ID Credit Rule (0-200'1 Viable Viable at 2,273.02 lbs acre 1 Stream Yes Row crop agriculture Yes Yes (fields Forested areas — 3Preservation Site per 15A (at DWR flag) w/ forest at the edge of only) NCAC 02B .0295 (o)(5) the easement boundaries; Fields = Restoration site per 15A NCAC 02B .0295 (n) Evidence of drain tiles present; One culvert Culvert must be removed or removed and drain clogged and impeding tiles removed to be viable for mitigation credit. flow 2 Stream Yes Row crop agriculture Yes Yes (fields Forested areas-3Preservation Site per 15A (at DWRflag) w/ partial forested only) NCAC 02B .0295 (o)(5) areas along left bank Fields = Restoration site per 15A NCAC 02B .0295 (n) State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Dixon Rd GES June 15, 2018 Feature Classification 'Subiect Riparian Land uses of Buffer Nutrient Mitigation Type Determination w/in riparian in the field to Buffer Feature onsite areas ID Credit Offset Rule 0-200' Viable Viable at 2.273.02 lbs acre 3 Ditch No Row crop agriculture *See Note Yes (fields Nutrient Offset - Restoration site per 15A NCAC only) 0213 .0295 (n) *Buffer Mitigation — Assessment concludes the ditch meets 15A NCAC 0213 .0295 (o)(8) (A, B, C & E). More information is needed for complete assessment. See rule. 4 Ditch No Row crop agriculture *See Note Yes (fields Nutrient Offset - Restoration site per 15A NCAC (see map only) 0213 .0295 (n) for reach) *Buffer Mitigation — Assessment concludes the ditch meets 15A NCAC 02B.0295 (o)(8) (A, B, C & Q. More information is needed for complete assessment. See rule. 4 Ditch No Primarily row crop *See Note *See Note *The direction of overland flow and in -stream (upstream agriculture with some flow was not evaluated further upstream due to of reach maintained lawn complex topography. Therefore, DWR will need location See map See Map to know details on the flow path of overland to for reach for reach flow and in -stream flow within the ditch to the Edwards location location stream to determine viability for nutrient offset Rd) and buffer mitigation 5 Ditch No maintained grass most *See Note Yes Nutrient Offset - Restoration site per 15A NCAC recently used as land 02B.0295(n) application of biosolids, used historically for *Buffer Mitigation — Assessment concludes the agriculture ditch meets 15A NCAC 02B .0295 (o)(8) (A, B, C & E). More information is needed for complete assessment. See rule. 'Subjectivity calls for the features were determined by DWR in correspondence dated June 6, 2018 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS. Z NC Division of Water Resources - Methodology and Calculations for determining Nitrogen Reductions associated with Riparian Buffer Establishment. Phosphorus may be calculated separately. A meeting held between DWR personnel on October 17, 2017 resulted in approval to use this method on the subject property. 'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site to comply with this rule. A map for reference is attached to this letter and was initialed by Ms. Merritt on June 14, 2018. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient Page 213 Dixon Rd GES June 15, 2018 load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. Any site constraints found on the property must be presented to DWR for a full evaluation and final mitigation determination. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to determine viability for nutrient offset in accordance with 15A NCAC 02B.0240. Sincerely, Karen Higgins, Supervisor 401 and Buffer Permitting Branch KAH/km Attachments: Aerial Map (Dixon Rd -Figure 1) cc: DWR File Copy (Katie Merritt) 313 c Q /x Appendix 3 Request for inclusion of Ditches 3 and 5 at the proposed GES, Dixon Road Bank as eligible for riparian buffer mitigation. Appendix 4 Request for inclusion of Ditches 3 and 5 at the proposed GES, Dixon Road Bank as eligible for riparian buffer mitigation. Greene Environmental Services, LLC is submitting the following information regarding the proposed Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank near the community of Chocowinity, NC in Beaufort County, in response to a Site Viability Assessment conducted by the NC Division of Water Resources (Katie Merritt). A document from NC-DWR (Karen Higgins) dated June 15, 2018 indicated that two ditches (Appendix 3 of the Dixon Road Mitigation Bank, bank Parcel development Package - BPDP) may be eligible for riparian buffer mitigation if the following cited Tar -Pamlico Buffer Rules criteria (Appendix 4, Table 1) were met. The site assessment concluded that the two ditches met the 15A NCAC 02B .0295 (0)(8) A, B, C &E criteria for stream designation (Appendix 4, Figure 1). GES proposes that criterion D is met for Ditch 3 and in part for Ditch 5 as documented from field measurements presented in (Appendix 4, Tables 2 and 3). All additional criteria are addressed in the text that follows. Appendix 4, Table 1. Criteria in the Tar -Pamlico Buffer Rules pertinent to determining riparian buffer eligibility for Ditches 3 and 5 at the mo -Dosed Dixon Road Mitiization Bank. 15A NCAC 0213 .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND MAINTENANCE OF RIPARIAN BUFFERS, Subsection: (o): Alternative Buffer Mitigation Options, Restoration and Enhancement of Ditches, (8) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described in this Part, a "ditch" is defined as a man-made channel other than a modified natural stream that was constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of the following criteria: (A) be directly connected with and draining towards an intermittent or perennial stream; (B) be contiguous with the rest of the mitigation site protected under a perpetual conservation easement; (C) stormwater runoff from overland flow shall drain towards the ditch; (D) be between one and three feet in depth; and (E) the entire length of the ditch shall have been in place prior to the effective date of the applicable buffer rule. The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for crediting purposes. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ditch. The watershed draining to the ditch shall be at least four times larger than the restored or enhanced area along the ditch. The perpetual conservation easement shall include the ditch and the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits future maintenance of the ditch. The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for restoration or enhancement. Criteria for Restoration and Enhancement on Ditches: A: be directly connected with and draining towards an intermittent or perennial stream; As determined on-site by DWR, Ditch 3 is direct connected to and drains toward Stream 2, and Ditch 5 is directly connected to and drains toward Stream 2 (Appendix 4, Figure 2). B: be contiguous with the rest of the mitigation site protected under a perpetual conservation easement As determined on-site by DWR, the proposed riparian buffer zones associated with Ditches 3 and S are contiguous with the Dixon Road Mitigation Bank. C: stormwater runoff from overland flow shall drain towards the ditch As determined on-site by DWR, stormwater runoff from overland flow drains toward Ditches 3 and 5 from their associated riparian buffer zones. D: be between one and three feet in depth Ditch 3 is between I and 3 feet in depth along the entire length of the proposed riparian buffer. (Appendix 4, Table 2) Ditch 5 is between I and 3 feet in depth at 92 percent sample locations (Appendix 4, Table 3) After receiving the Site Viability Assessment, David Knowles, a consultant for GES, measured the depths of Features (Ditches) 3 and 5 using a surveyor's transit rod emplaced on the ditch -banks of Features (Ditches) 3 and 5 at intervals of 50 feet, and measuring to the bottom of apparent ditch thalweg. Feature (Ditch) 3 met the 1 ft to 3 ft criterion at all 17 locations measured; the average depth was 26.6+2.7 inches. Feature (Ditch) 5 met the 1 ft to 3 ft criterion at 11 of the 12 locations measured (thus 92% of the locations); the average depth was 30.7+4.2 inches (Table 3). E: the entire length of the ditch shall have been in place prior to the effective date of the applicable buffer rule Based on historic USGS topographic quadrangles, Ditches 3 and 5 were in place in 1974 and before, thus at least 26 years prior to the effective date of the Tar - Pamlico Buffer Rules (Appendix 4, Figure 3). The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50 feet for crediting purposes. The width of the area restored for riparian buffer credits will not exceed 50 feet on either side of the ditches. The applicant or mitigation provider shall provide a delineation of the watershed draining to the ditch. A map delineating the ditch watershed is provided in Appendix 4, Figure 4. The watershed delineated on the map was based on field measurements obtain within the proposed Bank parcel (Table 4). Beyond the parcel boundary, access was not available, so elevation data was from satellite imagery provided in Google Earth Pro (https://earth.google.com/download-earth.html) and watershed boundaries were estimated. The watershed draining to the ditch shall be at least four times larger than the restored or enhanced area along the ditch. Appendix 4, Table 4 and Figure 3 provides the dimensions of the ditch watershed. The watershed for Ditch 3 is 10 times greater than the proposed restoration area. The watershed for Ditch 5 is 7.8 times greater than the proposed restoration area. The perpetual conservation easement shall include the ditch and the confluence of the ditch with the intermittent or perennial stream, and provide language that prohibits future maintenance of the ditch. The Bank Parcel Development Package for the Dixon Road Bank stipulates that the entire Bank will be placed in a permanent conservation easement that and that future ditch maintenance will not be allowed. The proposal shall meet all applicable requirements of Paragraph (n) of this Rule for restoration or enhancement. The restoration criteria provided in Paragraph (n) of 15A NCAC 02B .0295 Mitigation Program requirements for Protection and Maintenance of Riparian Buffers will be followed and specific criteria are addressed in this Dixon Road Bank BPDP. Appendix 4, Table 2. Depths (inches) measured in Feature 3 (Ditch) beginning at the downstream end of the Feature at the confluence of Stream 2 and progressing upstream at increments of 50 feet. Location feet Depth inches Meets Criteria 1 ft -3 ft 0 28 Yes 30 downstream culvert 27 Yes 50 (upstream culvert 33 Yes 100 28 Yes 150 25 Yes 200 25 Yes 250 27 Yes 300 26 Yes 350 27 Yes 400 28 Yes 450 30 Yes 500 29 Yes 550 23 Yes 600 22 Yes 650 25 Yes 700 23 Yes 750 26 Yes Average depth 26.6 100% of observations met criteria Standard deviation 2.7 Maximum depth 33 Minimum depth 22 Number of observations 17 Appendix 4, Table 3. Depths (inches) measured in Feature 5 (Ditch) beginning at the downstream end of the Feature at the confluence of Stream 2 and progressing upstream at increments of 50 feet. Location feet Depth inches Meets Criteria 1 ft -3 ft 0 30 Yes 50 28 Yes 100 25 Yes 150 29 Yes 200 36 Yes 250 35 Yes 300 38 No 350 31 Yes 400 34 Yes 450 29 Yes 500 25 Yes 520 28 Yes Average depth 30.7 92% of observations met criteria Standard deviation 4.2 Maximin depth 38 Minimum depth 25 Number of observations 12 Appendix 4, Table 4. Dimensions and areas of watersheds for Ditches 5 and 3. Dimensions within the proposed Bank parcel were measured in the field; dimensions external top the Bank were estimated from remotely sensed observations. Location Along Ditch -bank Downstream to Upstream feet Length of Transect Perpendicular to Ditch- bank feet Decline in Elevation from End of Transect to Ditch - bank meters / feet DITCH 5 (Transects runs eastward from approx. watershed boundary to ditch -bank.) 20 50 0.80 m / 0.26 ft 100 200 1.86 m / 6.10 ft 200 200 0.68 m / 2.23 ft 300 250 0.43 m / 1.41 ft 400 250 0.67 m / 2.20 ft 500 250 1.55 m / 0.92 ft 550 200 1.45 m / 0.33 ft Within the proposed Bank, the watershed area (I 10000 ft2) is 4.0 times greater than the riparian buffer area (27500 ft2.) The entire watershed of Ditch 5 is 4.94 acres, thus 7.8 times greater than the 0.63 -acre proposed riparian buffer. DITCH 3 (Transects runs eastward from approx. watershed boundary to ditch -bank.) 0 200 1.16 m / 3.80 ft 100 225 0.98 m / 3.21 ft 200 250 0.58 m / 1.90 ft 300 250 0.30 m / 0.98 ft 400 150 0.14 m / 0.46 ft 500 50 0.02 m / 0.07 ft 600 100 0.04 m / 0.13 ft 650 100 0.06 m / 0.20 ft 700 50 0.07 m / 0.23 ft DITCH 3 (Transects runs westward from approx. watershed boundary to ditch -bank.) 0 100 0.10m/0.33ft 100 100 0.13 m / 0.43 ft 200 100 0.08 m / 0.30 ft 300 100 0.05 m / 0.16 ft 400 100 0.01 m / 0.03 ft Within the proposed Bank, the watershed area (146960 ft2) is 2.8 times greater than the riparian buffer area (55000 ft2.) The entire watershed of Ditch 3 is 12.56 acres, thus 10.0 times greater than the 1.26 -acre proposed riparian buffer. Appendix 4, Figure 1. Proposed Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank with confluences of Ditches 3 and 5 with Stream 2 indicated. Appendix 4, Figure 2. Photographs depicting the confluences of Ditches a and 5 with Stream 2. ! f i`- Ruins �� aM 34 J� ,o 8.l Ei � � Ditch 5 S 0 30 1 Ditch 3 4s i!• Edwar,is �, • v : e T � -ate _ ©M 36 y, P Appendix 4, Figure 3. Historic Imagery of the Dixon Road Bank, USGS 7.5' Hackney Quadrangle, 1974. Appendix 4, Figure 3. Approximate watershed boundaries of Ditches 3 and 5. Blue polygons represent the watersheds both within the Bank parcel and on adjacent properties. Estimated watershed dimensions and areas are provided in Table 4. Appendix 4 Representative Photographs of the Bank parcel. Photograph 1. General view of the Dixon Road Bank southward from Dixon Road Photograph 2. Stream 1 Photograph 3. Stream 2 Photograph 4. Ditch 4 (background) at confluence of Ditch 3 (right) and Stream 2 (left). Photograph 5. Ditch 5 Photograph 6. Dominant vegetation (foxtail and sicklepod) on Bank site, August 2018 Appendix 5 Environmental Data Resources, Inc. Executive Summary for the Dixon Road Mitigation Bank Dixon Road Mitigation Bank 883 Dixon Rd Chocowinity, NC 27817 Inquiry Number: 5378412.2s July 31, 2018 6 Armstrong Road, 4th floor RM-LBD-CCA Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com TABLE OF CONTENTS SFCTION PAr.F ExecutiveSummary.................................................................................................................ES1 A-1 OverviewMap.......................................................................................................................... 2 DetailMap------------------------------------------------------------------------------------------------------------------------------- 3 Map Findings Summary-----------------------------------------------------------------------------------------------------------4 A-16 MapFindings--------------------------------------------------------------------------------------------------------------------------- 8 OrphanSummary.....................................................................................................................9 Government Records Searched/Data Currency Tracking......................................................GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum--------------------------------------------------------------------------------------- A-1 Physical Setting Source Summary---------------------------------------------------------------------------------------- A-2 Physical Setting SSURGO Soil Map----------------------------------------------------------------------------------------A-5 Physical Setting Source Map-------------------------------------------------------------------------------------------------- A-16 Physical Setting Source Map Findings...................................................................................A-18 Physical Setting Source Records Searched...........................................................................PSGR-1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TC5378412.2s Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 883 DIXON RD CHOCOWINITY, NC 27817 COORDINATES Latitude (North): 35.4581180 - 35° 27' 29.22" Longitude (West): 77.0755690 - 77° 4'32.04" Universal Tranverse Mercator: Zone 18 UTM X (Meters): 311644.6 UTM Y (Meters): 3925629.2 Elevation: 29 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 5945469 HACKNEY, NC Version Date: 2013 AERIAL PHOTOGRAPHY IN THIS REPORT Portions of Photo from: 20141006 Source: USDA TC5378412.2s EXECUTIVE SUMMARY 1 Target Property Address: 883 DIXON RD CHOCOWINITY, INC 27817 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND MAPPED SITES SUMMARY DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 5378412.2s Page 2 EXECUTIVE SUMMARY TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL Proposed National Priority List Sites NPL LIENS .......................... Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY Federal Facility Site Information listing SEMS ................................. Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS -ARCHIVE .................. Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS........................ Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF ------------------------ RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG .......................... RCRA - Large Quantity Generators RCRA-SQG ......................... RCRA - Small Quantity Generators RCRA-CESQG--------------------- RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS --------------------------------- Land Use Control Information System US ENG CONTROLS ------------ Engineering Controls Sites List TC5378412.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY US INST CONTROL Sites with Institutional Controls Federal ERNS list ERNS --------------------------------- Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities OLI Old Landfill Inventory State and tribal leaking storage tank lists LAST ----------------------------------Leaking Aboveground Storage Tanks LUST ---------------------------------- Regional UST Database INDIAN LUST ....................... Leaking Underground Storage Tanks on Indian Land LUST TRUST State Trust Fund Database State and tribal registered storage tank lists FEMA UST Underground Storage Tank Listing UST ------------------------------------Petroleum Underground Storage Tank Database ASTAST Database INDIAN UST ........................ Underground Storage Tanks on Indian Land State and tribal institutional control/ engineering control registries INST CONTROL -------------------No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP ------------------------Voluntary Cleanup Priority Listing VCP ------------------------------------Responsible Party Voluntary Action Sites State and tribal Brownfie/ds sites BROWNFIELDS------------------- Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS------------- A Listing of Brownfields Sites Local Lists of Landfill/ Solid Waste Disposal Sites SWRCY------------------------------ Recycling Center Listing TC5378412.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY HIST LF ------------------------------ Solid Waste Facility Listing INDIAN ODI ------ Report on the Status of Open Dumps on Indian Lands ------------ DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations ODI ----- --- - - ------- ---- ---------- ----- Open Dump Inventory IHS OPEN DUMPS____________Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL -------------------------------National Clandestine Laboratory Register Local Land Records LIENS 2 CERCLA Lien Information Records of Emergency Release Reports HMIRS--------------------------------Hazardous Materials Information Reporting System SPILLS ------------------------------- Spills Incident Listing IMD------------------------ Incident Management Database SPILLS 90 --------------------------- SPILLS 90 data from FirstSearch SPILLS 80 SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated FUDS---------------------------------- Formerly Used Defense Sites DOD------------- ----------- --- ------- - Department of Defense Sites SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR -------------------- Financial Assurance Information EPA WATCH LIST EPA WATCH LIST 2020 COR ACTION-------------- 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS ------------------------------ Toxic Chemical Release Inventory System SSTS----------------------------------Section 7 Tracking Systems ROD ----------------------------------- Records Of Decision RMP - ----------------------------------Risk Management Plans RAATS--------------------------------RCRA Administrative Action Tracking System PRP ------------------------------------Potentially Responsible Parties PADS-------------------------------- PCB Activity Database System ICIS------------------------------------ Integrated Compliance Information System FTTS---------------------------------- FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS--------------------------------- Material Licensing Tracking System COAL ASH DOE------------------ Steam -Electric Plant Operation Data COAL ASH EPA -------------------Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER--------- PCB Transformer Registration Database RADINFO - --------------------------- Radiation Information Database HIST FTTS-------------------------- FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data CONSENT ........................... Superfund (CERCLA) Consent Decrees INDIAN RESERV Indian Reservations FUSRAP----------------------------- Formerly Utilized Sites Remedial Action Program UMTRAJ------------------------------ Uranium Mill Tailings Sites LEAD SMELTERS Lead Smelter Sites TC5378412.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES --------------------------- Mines Master Index File ABANDONED MINES Abandoned Mines FINDS ---------------------------------Facility Index System/Facility Registry System ECHO ------------- _________________ - -- Enforcement & Compliance History Information DOCKET HWC Hazardous Waste Compliance Docket Listing UXO-------------G----------------- ----- Unexploded Ordnance Sites FUELS PRORAM_____EPA Fuels Program Registered Listing AIRS_______________ Air Quality Permit Listing ASBESTOS ASBESTOS COAL ASH------------------------- Coal Ash Disposal Sites DRYCLEANERS................... Drycleaning Sites Financial Assurance____________ Financial Assurance Information Listing NPDES-------------------------------NPDES Facility Location Listing UIC-------------------------------- Underground Injection Wells Listing AOP ------------------------------------- Operation Permits Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP --------------------------- EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List ------------------------------- RGA LUST .......................... Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. TC5378412.2s EXECUTIVE SUMMARY 6 EXECUTIVE SUMMARY There were no unmapped sites in this report. TC5378412.2s EXECUTIVE SUMMARY 7 DETAIL MAP - 5378412.2S Target Property .A. Sites at elevations higher than or equal to the target property • Sites at elevations lowerthan the target property .1 Manufactured Gas Plants • Sensitive Receptors EJ National Priority List Sites Dept. Defense Sites 1/16 1/8 1/4 Miles Indian Reservations BIA Hazardous Substance D100 -year flood zone Disposal Sites D 500 -year flood zone National Wetland Inventory DState Wetlands This report includes Interactive Map Layers to display and/or hide map information. The SITE NAME: Dixon Road Mitigation Bank CLIENT: David Knowles Environmental Consulting. ADDRESS: 883 Dixon Rd CONTACT: David Knowles Chocowinity NC 27817 INQUIRY#: 5378412.2s LAT/LONG: 35.458118/77.075569 DATE: July31,20184:12pm Copyright @ 2018 EDR, Inc. @ 2015 TornTom Rel. 2015. legend includes only those icons for the default map view. SITE NAME: Dixon Road Mitigation Bank CLIENT: David Knowles Environmental Consulting. ADDRESS: 883 Dixon Rd CONTACT: David Knowles Chocowinity NC 27817 INQUIRY#: 5378412.2s LAT/LONG: 35.458118/77.075569 DATE: July31,20184:12pm Copyright @ 2018 EDR, Inc. @ 2015 TornTom Rel. 2015. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list FEDERAL FACILITY 0.500 0 0 0 NR NR 0 SEMS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site list SEMS -ARCHIVE 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries LUCIS 0.500 0 0 0 NR NR 0 US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LAST 0.500 0 0 0 NR NR 0 TC5378412.2s Page 4 Database MAP FINDINGS SUMMARY Search Distance Target Total (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted LUST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 LUST TRUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists TP Records of Emergency Release Reports HMIRS TP SPILLS TP FEMA UST 0.250 0 0 NR NR NR 0 UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal institutional NR NR NR 0 0 0 0 control / engineering control registries NR 0 NR NR NR NR NR 0 INST CONTROL 0.500 0 0 0 NR NR 0 State and tribal voluntary cleanup sites NR NR 0 INDIAN VCP 0.500 0 0 0 NR NR 0 VCP 0.500 0 0 0 NR NR 0 State and tribal Brownfields sites BROWNFIELDS 0.500 0 0 0 NR NR 0 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS 0.500 Local Lists of Landfill/ Solid Waste Disposal Sites SW RCY 0.500 HIST LF 0.500 INDIAN ODI 0.500 DEBRIS REGION 9 0.500 ODI 0.500 IHS OPEN DUMPS 0.500 Local Lists of Hazardous waste / Contaminated Sites NR 0 US HIST CDL TP US CDL TP Local Land Records 0 LIENS 2 TP Records of Emergency Release Reports HMIRS TP SPILLS TP IMD 0.500 SPILLS 90 TP SPILLS 80 TP Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 NR NR NR 0 TC5378412.2s Page 5 MAP FINDINGS SUMMARY Search Distance Target Database (Miles) Property FUDS 1.000 DOD 1.000 SCRD DRYCLEANERS 0.500 US FIN ASSUR TP EPA WATCH LIST TP 2020 COR ACTION 0.250 TSCA TP TRIS TP SSTS TP ROD 1.000 RMP TP RAATS TP PRP TP PADS TP ICIS TP FTTS TP MILTS TP COAL ASH DOE TP COAL ASH EPA 0.500 PCB TRANSFORMER TP RADINFO TP H I ST FTTS TP DOT OPS TP CONSENT 1.000 INDIAN RESERV 1.000 FUSRAP 1.000 UMTRA 0.500 LEAD SMELTERS TP US AIRS TP US MINES 0.250 ABANDONED MINES 0.250 FINDS TP ECHO TP DOCKET HWC TP UXO 1.000 FUELS PROGRAM 0.250 AIRS TP ASBESTOS TP COAL ASH 0.500 DRYCLEANERS 0.250 Financial Assurance TP NPDES TP UIC TP AOP TP EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 EDR Hist Auto 0.125 Total < 1/8 1/8-1/4 1/4-1/2 1/2-1 > 1 Plotted 0 0 0 0 NR 0 0 NR NR NR NR 0 TC5378412.2s Page 6 Database MAP FINDINGS SUMMARY Search Distance Target Total (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted EDR Hist Cleaner 0.125 0 NR NR NR NR 0 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP RGA LF TP RGA LUST TP Totals -- 0 NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 0 0 0 TC5378412.2s Page 7 Map ID Direction Distance Elevation Site MAP FINDINGS EDR ID Number Database(s) EPA ID Number TC5378412.2s Page 8 NO SITES FOUND TC5378412.2s Page 9 Appendix 6 DRAFT Conservation Easement for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank DRAFT Conservation Easement for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank January 18, 2001 Rev 'd October 16, 2002 Rev'd August, 2003 PERMANENT CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of ,2019 by and between Greene Environmental Services, LLC_ ("Grantor") and (Grantee). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. RECITALS WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Beaufort County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein ("Property"); WHEREAS, Grantee is [either a public body of this state, an agency of the United States, or a nonprofit corporation or trust whose purpose is the conservation of property], and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS , Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state, which includes the following natural communities: modified streams and ditches, as well as any associated buffers or upland communities. The purpose of this Conservation Easement is to maintain riparian resources and other natural values of the Property, and prevent the use or development of the Property for any purpose or in any manner that would conflict with the maintenance of the Property in its natural condition. WHEREAS, the preservation of the Property is required by a Mitigation Banking Instrument for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank, of Division of Water Resources Project Number 2018- 0466 v2. The Mitigation Bank is intended to be used to compensate for unavoidable stream and/or wetland impacts authorized by permits issued by the Division of Water Resources. Grantor and Grantee agree that third -party rights of enforcement shall be held by the Division of Water Resources, and that these rights are in addition to, and do not limit, the rights of the parties to the Mitigation Banking Instrument. NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values thereof, as follows: ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. This conservation Easement is an easement in gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents and licensees. ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Property inconsistent with the purpose of this Conservation Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any development that would impair or interfere with the conservation values of the Property. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural features of the Property or any introduction of non-native plants and/or animal species is prohibited. B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above the Property. C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial activities, including any right of passage for such purposes are prohibited. D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and horticultural use of the Property are prohibited. E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees, shrubs, or other vegetation on the Property. F. Roads and Trails. There shall be no construction of roads, trails or walkways on the property; nor enlargement or modification to existing roads, trails or walkways. G. Sim. No signs shall be permitted on or over the Property, except the posting of no trespassing signs, signs identifying the conservation values of the Property, signs giving directions or proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner of the property. H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property is prohibited. I. Excavation. Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner on the Property, except to restore natural topography or drainage patterns. J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns; specifically inclusive of Streams 1 and 2 and Ditches 3, 4 and 5 that are identified in the Bank Parcel Development Package for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank In addition, diverting or causing or permitting the diversion of surface or underground water into, within or out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. K. Development Rights_ No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited above, on or over the Conservation Easement Property other than for temporary or occasional access for purposes of maintaining the easement area. M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural condition, or the protection of its environmental systems, is prohibited. ARTICLE III GRANTOR'S RESEVERED RIGHTS The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property for all purposes not inconsistent with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Conservation Easement. Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and assigns, the right to construct riparian buffer and nutrient offset mitigation on the Property, in accordance with the detailed mitigation plan (Bank Parcel Development Package) approved in accordance with the Mitigation Banking Instrument for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank (Division of Water resources Project Number: 2018 -0466 v2). ARTICLE IV. GRANTEE'S RIGHTS The Grantee or its authorized representatives, successors and assigns, and the Division of Water Resources, shall have the right to enter the Property at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. ARTICLE V ENFORCEMENT AND REMEDIES A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent with the purposes of this Easement and to require therestoration of such areas or features of the Property that may be damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach. The Division of Water Resources shall have the same right to access and enforce the terms and conditions of this easement as the Grantee. B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right to Grantee to enforce the same in the event of a subsequent breach or default. C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. ARTICLE VI MISCELLANEOUS A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that Grantor either owns all interests in the Property which may be impaired by the granting of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property which have not been expressly subordinated to this Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property against the claims of all persons. B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation Easement in any deed or other legal instrument that transfers any interest in all or a portion of the Property. The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall not be amed modified or terminated without the prior written consent and approval ofthe Division of Water Resources. C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and§ 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement, Mitigation Banking Instrument and Bank Parcel Development Package. If any provision is found to be void or unenforceable by a court of compete jurisdiction, the remainder shall continue in full force and effect. E. Obligations of Ownership_ Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provide herein. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. F. Extinguishment. In the event that changed conditions render impossible the continued use of the Property for the conservation purposes, this Conservation Easement may only be extinguished, in whole or in part, by judicial proceeding. G. Eminent Domain. Whenever all or part of the Prope lty is taken in the exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and all incidental and direct damages due to the taking. H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate that the fair market value of this Conservation Easement shall be determined by multiplying the fair market value of the Property unencumbered by this Conservation Easement (minus any increase in value after the date of this grant attributable to improvements) by the ratio of the value of this easement at the time of this grant to the value of the Property (without deduction for the value of this Conservation Easement) at the time of this grant. The values at the time of this grant shall be the values used, or which would have been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner consistent with the purposes of this Conservation Easement. I. Notification. Any notice, request for approval, or other communication required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following addresses (or such address as may be hereafter specified by notice pursuant to this paragraph): To Grantor: Greene Environmental Services, LLC Ham Farms, 963 Hwy 258 S Snow Hill, NC 28580 Fax: (252) 747-9255 To Grantee: To Division of Water Resources: Division of Water Resources Attn Nutrient Offset Banking Coordinator 1650 Mail Service Center Raleigh, NC 27699-1650 J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with an appropriate proceeding in a court of competent jurisdiction. K. Amendment. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation purposes ofthis grant. L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural characteristics of the Property, and its current use and state of improvement, are described in Section 2.0 of the Bank Parcel Development Package for the Dixon Road Riparian Buffer and Nutrient Offset Mitigation Bank, dated January 2019, prepared by Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future changes in the use of the Property will be consistent with the terms of this Conservation Easement. However, this report is not intended to preclude the use of other evidence to establish the present condition of the Property if there is a controversy over its use. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Grantor: , Greene Environmental Services, LLC, Date: Grantee: , Date: