20181029 Ver 1_401 Application_20210323

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
CYesr No
Change Only 1 needed.
BIMS # Assigned* Version#*
20181029 1
Is a payment required for this project?*
✓ No payment required
✓ Fee received
6 Fee needed - send electronic notification
Reviewing Office *
Central Office - [phone]
Information for Initial Review
la. Name of project:
Monkeywall
la. Who is the Primary Contact?*
Kasey Carrere
What amout is owed?*
r $240.00
6 $570.00
Select Project Reviewer*
Erin Davis:eads\ebdavis
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/23/2021
Nearest Body of Water
Big Rock Creek
Basin
French Broad
Water Classification
Class C and Trout Waters
Site Coordinates
Latitude: Longitude:
36.0559 -82.2067
LA. Processing Information
County (or Counties) where the project is located:
Mitchell
Is this a NCDMS Project
(7 Yes CNo
Is this project a public transportation project?*
✓ Yes G No
la. Type(s) of approval sought from the Corps:
l7 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
n Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?

I7 Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
s Yes C- No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
C- Yes C No
✓ 401 Water Quality Certification - Express
✓ Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C- Yes r No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C- Yes C- No
Acceptance Letter Attachment
eApproval Letter_Monkey Wall_SAW-2018-01162.pdf 211.65KB
1h. Is the project located in any of NC's twenty coastal counties?
C- Yes 6 No
1j. Is the project located in a designated trout watershed?
6 Yes C- No
B. Applicant Information
Id. Who is applying for the permit?
r Owner fJ Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
6' Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Environmental Banc & Exchange LLC
2b. Deed book and page no.:
571:464-469
2c. Responsible party:
2d. Address
Street Address
6575 West Loop South
Address Line 2
Suite 300
atY
Bellaire
Postal / Zip code
77401
C Yes r No
r Yes r: No
State / Bovine / Region
TX
Country
United States of America
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]

3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NC DMS
3c.Address
Street Address
217 W Jones Sreet
Address Line 2
Suite 3001
city
Raleigh
Fbstal / ZZp Code
27603
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Brad Breslow
4b. Business Name:
RES
4c.Address
Street Address
3600 Glenwood Avenue
Address Line 2
State / Province / Fbgion
NC
Country
United States of America
3e. Fax Number:
Oty State / Province / Region
Raleigh NC
Fbstal / Zip aide Country
27612 United States of America
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
EBX Property (Monkey Wall) - Conservation Easement Recorded (Book 624 Page 331) 2021.2.22.pdf 834.04KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality/ town:
Bakersville
2. Project Identification
2a. Property Identification Number:
0855-00-24-8634
2b. Property size:
25.25
2c. Project Address
Street Address
385 Fork Mountain Road
Address Line 2
Clly State / Province / Region
Bakersville NC
Fbstal / Zip Code Country
28705 United States of America
3. Surface Waters

3a. Name of the nearest body of water to proposed project:*
Big Rock Creek
3b. Water Resources Classification of nearest receiving water:*
Class C and Trout Waters
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101080600
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The Project area is comprised of two unnamed tributaries that flow southwest into an on -site confluence, totaling 3,514 existing LF, and ultimately drain into Big Rock Creek,
approximately a half -mile downstream of the Project. Within the boundaries of the proposed Project, three jurisdictional wetlands are present in and adjacent to the Project. Vegetation
around the unbuffered Project reaches is active pastureland, composed primarily of bermudagrass (Cynodon dactylon) with tall fescue (Festuca arundinacea) and broomsedge
bluestem (Andropogon virginicus) mixed throughout. The project reaches have been heavily grazed by livestock, and thus a well -developed understory is absent.
The drainage area for the Project is 86.6 acres (0.13 mi2). Primary land use within the drainage area consists of approximately 50% forest, 47% pasture, 1% cropland, less than 1%
residential, and less than 1% impervious surface. Historic and current land -use within the immediate Project vicinity has been pastureland, where livestock have had complete access to
the Project streams. This long-term land use has negatively impacted both water quality and streambank stability along the Project streams.
G1-A
Reach G1-A begins just downstream of WB, a slope seep on the northwest end of the project. This 278-linear foot reach flows southwest towards G1-B and is classified as a NB -type
channel. This reach currently has a forested buffer greater than 150 feet and the right bank has an intact 75-foot buffer. The reach is confined to a steep valley with little evidence of
livestock, though having full access.
G1-B
Reach G1-B begins on the northwest end of the Project, from G1-A. This 120-linear foot reach flows southwest towards G1-C and is classified as an NB -type channel. This reach
currently has a forested buffer, along the left bank, but the right bank has a very narrow buffer that will be planted. Evidence of livestock is apparent on this reach, and has caused,
erosion, and bank instability.
G1-C
Reach G1-C begins where G1-B leaves the forested buffer. This 1,521-linear foot reach flows southwest to the confluence with G2 and is classified as a high gradient G-type channel.
This reach lacks a riparian buffer entirely, and livestock have complete access to the reach. Livestock access has caused channel incision, degradation, erosion, and bank instability.
Moreover, this channel is moderately incised at the most upstream portion, and incision increases as the reach continues downstream. This reach is bisected by a 40-foot powerline
easement.
Reach G2 begins on the southeast end of the project, where the rock had been installed within the channel footprint in the early 1900s. The wall is approximately 268 linear feet and 5-
foot tall at its tallest, is located entirely in the valley bottom, and occurs on the upper portion of this reach. This 1,725-linear foot reach flows south to southwest towards the confluence
with G1-C and is classified as a high gradient G-type stream. This reach lacks a riparian buffer entirely, and livestock have complete access to this entire reach. Livestock access has
caused channel incision, degradation, erosion, and bank instability. This reach is bisected by a 40-foot powerline easement.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Figure 2 - USGS Map - Monkey Wall.pdf 2.3MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Figure 4 - Soils Map - Monkey Wall.pdf 1.75MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.289 acres
4g. List the total estimated linear feet of all existing streams on the property:
3514
4h. Explain the purpose of the proposed project:*
The purpose for this mitigation site is to restore and enhance aquatic resources in order to offset unavoidable impacts within the French Broad 06010108 watershed. Currently, the
Project area lacks riparian buffers on much of the Project and livestock have complete access to both streams. Livestock access has resulted in bank erosion, sediment deposition, and
channel incision. The Project will directly and indirectly address stressors identified in the French Broad River Basin Restoration Priorities by stabilizing eroding stream banks,
reconnecting incised streams to their floodplains, reducing sediment and nutrient loads, restoring forested buffers on two headwater stream channels, and establishing a permanent
conservation easement.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*

The Project will include a combination of Priority I and Priority II Restoration, Enhancement II, and Preservation. As stated above, the restoration design approach will incorporate the
construction of a single -thread, high gradient, cascade and step -pool channel system, with parameters based on cascade and step -pool morphology and reference conditions along the
representative reaches within the Monkey Wall site. A combination of analog, empirical, and analytical design techniques were used to determine the design discharge and to verify
design stability.
The detailed treatment plan and design approach is as follows:
Reach G1-A: A Preservation approach is proposed for this reach, due to its high quality, wide riparian buffers, and terrain. Preservation activities will include: Minimal buffer planting on
the right bank, to increase riparian buffer beyond 75 feet; Livestock exclusion; and Establishing a conservation easement to be protected in perpetuity.
Reach G1-B: An Enhancement II approach is proposed for the reach to address eroding banks and channel entrenchment. Enhancement activities include: Livestock exclusion; and
Riparian buffer planting to 150-feet.
Reach G1-C: A combination of Priority I and Priority II restoration is proposed for the reach to address eroding banks, channel incision, bed degradation and floodplain connectivity.
Restoration activities include: Constructing a new single thread channel and floodplain benches in the existing floodplain; Installing log and rock structures to provide grade control with
drops no greater than 1.25 feet; Establishing a cascade, step -pool or riffle -pool sequence throughout the reach; Filling the existing channel; Creating floodplain to reduce shear
stresses at higher flows; Livestock exclusion; and Riparian buffer planting to a minimum of 30-feet at the downstream end and out to 150-feet everywhere else. One gauge will be
installed on the right floodplain in WA to monitor wetland hydrology. This data will be reported in yearly monitoring reports. No wetland credits will be generated on WA; thus, wetland
success criteria will not need to be met during the monitoring period.
Reach G2: A combination of Priority I and Priority II restoration is proposed for the reach to address eroding banks, channel incision, bed degradation, and floodplain connectivity. Since
the post -contract IRT visit in July 2018, and the subsequent design, reach G2-A was incorporated into G2-B (now G2) and is proposed for restoration. Reach G2's historic valley has
been heavily modified, so determining an exact point for the stream origin presented challenges. Because the valley is so manipulated, the origin of Reach G1 was utilized as a
reference for designing the origin of Reach G2. Both reaches have very similar drainage areas at the top of their respective valleys (approximately 12 acres) and Reach G1 originates
from a wetland seep (Wetland WB). Based on the similarities of the valleys, and the unique nature of the project reaches, RES decided to begin the alignment of G2 just below an
existing wetland seep (Wetland WC) similar to the current condition of Reach G1A. Furthermore, the design approach will include the removal of an existing 15 inch perched culvert and
associated road, and include re -grading the valley to mimic conditions similar to the cascade morphology seen along Reach G1-A. RES staff has continually observed flowfrom the
existing culvert and on multiple occasions has observed (and heard) flow below the rocks along the proposed "daylighting" restoration section. RES is proposing a flow gauge on Reach
G2 for the purpose of demonstrating consecutive flow requirements as stated in the Wilmington Mitigation guidance.
Restoration activities along this reach include: Remove culvert and associated road at upstream of reach and tie proposed channel into seep located above the culvert; Removing the
rock wall, and therefore daylighting the channel, present on the upper portion of the reach; Constructing a new single thread channel and floodplain benches in the existing floodplain;
Installing log and rock structures to provide grade control with drops no greater than 1.25 feet; Establishing a cascade, step -pool or riffle -pool sequence throughout the reach; Filling
the existing channel; Creating floodplain to reduce shear stresses at higher flows; Livestock exclusion; and Riparian buffer planting to 150-feet on both sides of the stream.
The restoration of the plant communities is an important aspect of the restoration Project. The selection of plant species is based on what is typically native to the area. Several sources
of information were used to determine the most appropriate species for the restoration project.
A Montane Oak -Hickory Forest will be the target community along the Project reaches. The target community will be used for the planting areas within the Project. Species with high
dispersal rates are not included because of local occurrence, adjacent seed sources, and the high potential for natural regeneration. The high dispersal species include red maple and
sweetgum, and both species are common in Montane Red -Cedar Hardwood Woodland. However, sweetgum especially seems to be associated with more disturbed examples, so while
these species could be counted towards success, they should be monitored to ensure they do not outcompete the other proposed species (Schafale and Weakley, 1990; Schafale,
2012).
The restoration of plant communities along the Project will provide stabilization and diversity. For rapid stabilization of the stream banks (primarily outside meanders), silky dogwood
(Cornus amomum), black willow (Salix nigra), and Tag alder (Alnus serrulata), were chosen for live stakes along the restored channel because of their rapid growth patterns and high
success rates. Willows grow at a faster rate than the species planted around them, and they stabilize the stream banks. Willows will also be quicker to contribute organic matter to the
channel. When the other species are bigger, the black willows will slowly stop growing or die out because the other species would outgrow them and create shade that the willows do not
tolerate. The live stake species will be planted along the outside of the meander bends three feet from the top of bank, creating a three-foot section along the top of bank.
Treatment for invasive species will be required within all grading limits associated with stream restoration, as well as within the entire conservation easement. Invasive species will
require different and multiple treatment methods, depending on plant phenology and the location of the species being treated. Non-native and invasive species on site include,
bermudagrass, tall fescue, broomsedge bluestem, all of which will be treated prior to planting.
4j. Please upload project drawings for the proposed project.
Figure 6 - Impacts Map - Monkey Wall.pdf
Monkey Wall Preliminary JD request.pdf
PJDTearsheet_Mo nkey Wal I_2018-01162. pdf
WOUS_Map.pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
( Yes r No
Comments:
See the approved Categorical Exclusion (CE) Document in the Mitigation Plan for additional
information
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary C Approved r Not Verified r Unknown C N/A
Corps AID Number:
SAW-2018-01162
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Jeremy Schmid
RES
3.46MB
13.79MB
1.17MB
4.48MB
r Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
June 17th, 2019
5d1. Jurisdictional determination upload
PJDTearsheet_MonkeyWall_2018-01162.pdf 1.17MB

6. Future Project Plans
6a. Is this a phased project?*
C Yes (2 No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
I7 Wetlands
r Open Waters
2. Wetland Impacts
fJ Streams -tributaries
r Pond Construction
n Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type * (7)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
WA
Stream Bank
P
Headwater Forest
WA
No
Corps
0.040
(acres)
WA
Stream bank
T
Headwater Forest
WA
No
Corps
0.160
(acres)
2g. Total Temporary Wetland Impact
0.160
2g. Total Wetland Impact
0.200
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.040
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name *
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
S1
Restoration
Permanent
Relocation
G1-C
Intermittent
Corps
12
Average (feet)
1,529
(linear feet)
32
Restoration
Permanent
Relocation
G2
Intermittent
Corps
15
Average (feet)
1,710
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
3,239
3i. Total stream and ditch impacts:
2
3i. Total temporary stream impacts:
0
3j. Comments:
The permanent impacts are due to stream restoration and will result in a better functioning stream system.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts to jurisdictional streams and wetlands will be unavoidable, due to the restoration and enhancement actives proposed. Although these impacts
are unavoidable, the proposed stream treatment will result in an overall functional uplift of the stream system. In general, G1-A and G1-B, which are
proposed for preservation and enhancement II respectively, will not have any stream, wetland, or open water impacts. Furthermore, the two reaches
proposed for restoration, G1-C and G2, will have permanent impacts, due to stream restoration and stream realignment. One wetland (WA) will be
impacted due to stream restoration and enhancement activities. Wetland A will have both permanent and temporary impacts due to the restoration
and re -alignment of G1-C and G2. Thus, one wetland gauge will be installed in WA to monitor wetland hydrology and this data will be reported in
yearly monitoring reports.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts are minimized using a staged construction approach. Where possible the channel will be constructed prior to turning stream flow into a
segment. This approach allows minimization of the impact to each stage during the project construction. Efforts will be made to preserve individual
high value trees located within the stream restoration area.

2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
✓ Yes f. No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This is a stream and wetland mitigation project and should uplift the ecological quality of streams and wetlands on site.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes
( No
If no, explain why:
The Project is not in a Protected Buffer Watershed
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes a No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
6. Yes r No
State Stormwater Programs
fJ Phase II
f— HVVQ or ORW
Comments:
G. Supplementary Information
1. Environmental Documentation
f— Coastal Counties
f— Other
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
✓ Yes r No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)? *
✓ Yes ( No
Comments:*
A categorical exclusion document was prepared and approved by the Federal Highways Administration.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
✓ Yes a No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes f No
3b. If you answered "no," provide a short narrative description.
Once built, the site will have no future development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
✓ Yes rNor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
✓ Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*

R Yes C No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
C Yes
5e. Is this a DOT project located within Division's 1-8?
C Yes G No
6' No f Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
t: Yes C No
5g. Does this project involve bridge maintenance or removal?
C Yes G No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
C Yes (- No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
C Yes ( No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS, IPAC
Consultation Documentation Upload
NLEB Form_MonkeyWall.pdf
Monkey Wall_USFWS_Response Letter.pdf
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
CYes (-No
103.5KB
313.34KB
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
EFH Mapper with Office of Habitat and Conservation.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
C Yes (' No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
NCSHPO, NCTHPO
7c. Historic or Prehistoric Information Upload
Monkey Wall _CherokeeNation_Response Letter.pdf
Monkey Wall_SHPO_Response Letter.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
C Yes ( No
349.75KB
99.3KB
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM Panels 47019C0375E (eff 9/26/2008) and Panel 3710085500J (eff 2/4/2009). FEMA Floodplain hazard layer
Miscellaneous
U
Comments
Please see the miscellaneous documents for supporting figures and correspondence with NCWRC about the Trout Water concerns.
Miscellaneous attachments not previously requested.
PCN_Figures_updated.pdf
Trout_WRC_[EXTERNAL] RE_ [External] Follow up - Monkey Wall Project.pdf
Monkey Wall_NCWRC_Response Email.pdf
11.54MB
293.85KB
184.31KB
Signature
*
pr By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND

. I intend to electronically sign and submit the PCN form.
Full Name:
Lin Xu
Signature
Full Name (Co -Signor)*
Kasey Carrere
Co -Signor Signature *
Date

May 27, 2020

Regulatory Division

Re: NCIRT Review and USACE Approval of the NCDMS Monkey Wall Mitigation Site / Mitchell
Co./ SAW-2018-01162/ NCDMS Project # 100069

Mr. Tim Baumgartner
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652

Dear Mr. Baumgartner:

The purpose of this letter is to provide the North Carolina Division of Mitigation Services
(NCDMS) with all comments generated by the North Carolina Interagency Review Team
(NCIRT) during the 30-day comment period for the Monkey Wall Draft Mitigation Plan, which
closed on April 24, 2020. These comments are attached for your review.

Based on our review of these comments, we have determined that no major concerns
have been identified with the Draft Mitigation Plan, which is considered approved with this
correspondence. However, several minor issues were identified, as described in the attached
comment memo, which must be addressed in the Final Mitigation Plan.

The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN)
Application for Nationwide permit approval of the project along with a copy of this letter. Issues
identified above must be addressed in the Final Mitigation Plan. All changes made to the Final
Mitigation Plan should be summarized in an errata sheet included at the beginning of the
document. If it is determined that the project does not require a Department of the Army permit,
you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the
appropriate USACE field office at least 30 days in advance of beginning construction of the
project. Please note that this approval does not preclude the inclusion of permit conditions in
the permit authorization for the project, particularly if issues mentioned above are not
satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan,
but this does not guarantee that the project will generate the requested amount of mitigation
credit. As you are aware, unforeseen issues may arise during construction or monitoring of the
project that may require maintenance or reconstruction that may lead to reduced credit.

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

Thank you for your prompt attention to this matter, and if you have any questions
regarding this letter, the mitigation plan review process, or the requirements of the Mitigation
Rule, please call me at 919-554-4884, ext 60.

Sincerely,

Kim Browning
Mitigation Project Manager
for Tyler Crumbley

Enclosures

Electronic Copies Furnished:

NCIRT Distribution List
Harry Tsomides, Paul Wiesner—NCDMS
Brad Breslow—RES

Book 624 Page 331
STATE OF NORTH CAROLINA
MITCHELL COUNTY
Excise Tax: $
o oo
2021000371
MITCHELL COUNTY NC FEE $26.00
NO TAXABLE CONSIDERATION
PRESENTED & RECORDED
02/22/2021 01:31:00 PM
KATHY LAWS
BY: LORI PITMAN
DEPUTY
BK: RE 624
PG: 331 - 341
DEED OF CONSERVATION EASEMENT
AND RIGHT OF ACCESS PROVIDED
PURSUANT TO
FULL DELIVERY
MITIGATION CONTRACT
Parcel ID No.:
PIN: 0855-00-14-9533, 0855-00-24-8634, 0855-00-23-1885
Brief description for the Index: 25.284 ac. Conservation Easement
SPO File Number: 61-AA
DMS Project Number: 100069
Prepared by: Office of the Attorney General
Property Control Section
Return to: NC Department of Administration
State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made
this I day of N-e.,bt-v, , 2021, by Environmental Banc & Exchange, LLC, a
Maryland limited liability compan, ("Grantor"), whose mailing address is 6575 West Loop
South, Suite 300, Bellaire, Texas 77401, to the State of North Carolina, ("Grantee"), whose
mailing address is State of North Carolina, Department of Administration, State Property Office,
1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of 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.
NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017
Submitted electronically by "Resource Envi ronmental Solutions"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Mitchell county Register of Deeds.

Book 624 Page 332
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq.., the State of
North Carolina has established the Division of Mitigation Services (formerly known as the
Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of
Environmental Quality (formerly Department of Environment and Natural Resources), for the
purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and
riparian resources that contribute to the protection and improvement of water quality, flood
prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and
WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated,
arranged and provided for as a condition of a full delivery contract between Environmental Banc
& Exchange, LLC and the North Carolina Department of Environmental Quality, to provide
stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of
Environmental Quality Purchase and Services Contract Number 7536.
WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121-35; and
WHEREAS, the Department of Environment and Natural Resources and the United States
Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding,
(MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the
Wetlands Restoration Program was to provide effective compensatory mitigation for authorized
impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving
the wetland and riparian areas of the State; and
WHEREAS, the Department of Environment and Natural Resources, the North Carolina
Department of Transportation and the United States Army Corps of Engineers, Wilmington
District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in
Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services
(formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by
effective protection of the land, water and natural resources of the State by restoring, enhancing
and preserving ecosystem functions; and
WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps
of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the
North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality,
the North Carolina Division of Coastal Management, and the National Marine Fisheries Service
entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department
of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement
Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously
effective MOA and MOU referenced above; and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
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Page 2 of 11

Book 624 Page 333
Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina,
on the 8th day of February 2000; and
WHEREAS, the Division of Mitigation Services in the Department of Environmental
Quality (formerly Department of Environment and Natural Resources), which has been delegated
the authority authorized by the Governor and Council of State to the Department of
Administration, has approved acceptance of this instrument; and
WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in
Mitchell County, North Carolina (the "Property"), and being more particularly described as that
certain tract or parcel of land containing approximately 51.167 acres, more or less, and being
conveyed to the Grantor by deeds recorded in Deed Book 596, at Page 515 (Tract 3 and Tract 4)
and Deed Book 596, at Page 566 of the Mitchell County Registry, North Carolina; and
WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access
over the herein described areas of the Property, thereby restricting and limiting the use of the areas
of the Property subject to the Conservation Easement to the terms and conditions and purposes
hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The
Conservation Easement shall be for the protection and benefit of the waters of French Broad River
Basin, Cataloging Unit 06010108.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement and Right of Access together with an access easement to and from the Conservation
Easement Area described below.
The Conservation Easement Area consists of the following:
BEING THAT 25.284 ACRE AREA, AS SHOWN ON PLAT OF SURVEY ENTITLED
"CONSERVATION EASEMENT SURVEY FOR THE STATE OF NORTH CAROLINA
DIVISION OF MITIGATION SERVICES, MONKEY WALL PROJECT", DMS PROJECT
NO. 100069, SPO NO. 61-AA, DATED FEBRUARY 16, 2020, 385 FORK MOUNTAIN
ROAD, BAKERSVILLE, NC 28705, OWNERS ENVIRONMENTAL BANC & EXCHANGE,
LLC, PREPARED BY C. COLE, PLS NUMBER L-5008, AND RECORDED IN THE
MITCHELL COUNTY REGISTER OF DEEDS OFFICE AT PLAT BOOK LA , AT
PAGE,: ®-N (THE "SURVEY"), AND BEING FURTHER DESCRIBED AS FOLLOWS:
See attached "EXHIBIT A", Legal Description of area of the Property hereinafter referred to as
the "Conservation Easement Area"
The purposes of this Conservation Easement are to maintain, restore, enhance, construct,
create and preserve wetland and/or riparian resources in the Conservation Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic
habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation
NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017
Page 3 of 11

Book 624 Page 334
Easement Area in its natural condition, consistent with these purposes; and to prevent any use of
the Easement Area that will significantly impair or interfere with these purposes. To achieve these
purposes, the following conditions and restrictions are set forth:
I. DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes, this Conservation Easement and
Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the
use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against
Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees.
II. ACCESS EASEMENT
Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and assigns, a
perpetual, non-exclusive easement for ingress and egress over and upon the Property at all
reasonable times and at such location as practically necessary to access the Conservation Easement
Area for the purposes set forth herein ("Access Easement"). This grant of easement shall not vest
any rights in the public and shall not be construed as a public dedication of the Access Easement.
Grantor covenants, represents and warrants that it is the sole owner of and is seized of the
Property in fee simple and has the right to grant and convey this Access Easement.
III. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES
The Conservation Easement Area shall be restricted from any development or usage that
would impair or interfere with the purposes of this Conservation Easement. Unless expressly
reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by
the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any
rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any
rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation
credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived
from each site within the area of the Conservation Easement, are conveyed to and belong to the
Grantee. Without limiting the generality of the foregoing, the following specific uses are
prohibited, restricted, or reserved as indicated:
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses,
including hiking, bird watching, hunting and fishing, and access to the Conservation Easement
Area for the purposes thereof.
B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is
prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat.
C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage
in educational uses in the Conservation Easement Area not inconsistent with this Conservation
Easement, and the right of access to the Conservation Easement Area for such purposes including
organized educational activities such as site visits and observations. Educational uses of the
property shall not alter vegetation, hydrology or topography of the site.
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Book 624 Page 335
D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey
plat and as related to the removal of non-native plants, diseased or damaged trees, or vegetation
that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat,
all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the
Conservation Easement Area is prohibited.
E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial
uses are prohibited in the Conservation Easement Area.
F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement
Area including any use for cropland, waste lagoons, or pastureland.
G. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole, tower, or other structure constructed or placed in the Conservation Easement Area.
H. Roads and Trails. There shall be no construction or maintenance of new roads, trails,
walkways, or paving in the Conservation Easement Area. All existing roads, trails and crossings
within the Conservation Easement Area shall be shown on the recorded survey plat.
I. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive
signs describing restoration activities and the conservation values of the Conservation Easement
Area, signs identifying the owner of the Property and the holder of the Conservation Easement,
signs giving directions, or signs prescribing rules and regulations for the use of the Conservation
Easement Area.
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery, or any other material in the Conservation Easement Area is
prohibited.
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock,
peat, minerals, or other materials.
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or underground water in the Conservation Easement Area. No altering or
tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the
Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage
of all other water sources, water from within the Conservation Easement Area may temporarily be
withdrawn for good cause shown as needed for the survival of livestock on the Property.
M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision,
partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the
Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future
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Page 5 of 11

Book 624 Page 336
transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the
Grantee's right of unlimited and repeated ingress and egress over and across the Property to the
Conservation Easement Area for the purposes set forth herein.
N. Development Rights. All development rights are permanently removed from the
Conservation Easement Area and are non-transferrable.
O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any intentional introduction of non-
native plants, trees and/or animal species by Grantor is prohibited.
The Grantor may request permission to vary from the above restrictions for good cause
shown, provided that any such request is not inconsistent with the purposes of this Conservation
Easement, and the Grantor obtains advance written approval from the Division of Mitigation
Services, 1652 Mail Services Center, Raleigh, NC 27699-1652.
IV. GRANTEE RESERVED USES
A. Right of Access, Construction, and Inspection. The Grantee, its employees, agents,
successors and assigns, shall have a perpetual Right of Access over and upon the Conservation
Easement Area to undertake or engage in any activities necessary to construct, maintain, manage,
enhance, repair, restore, protect, monitor and inspect the stream, wetland and any other riparian
resources in the Conservation Easement Area for the purposes set forth herein or any long-term
management plan for the Conservation Easement Area developed pursuant to this Conservation
Easement.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and manmade
materials as needed to direct in -stream, above ground, and subterraneous water flow.
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to
place signs and witness posts on the Property to include any or all of the following: describe the
project, prohibited activities within the Conservation Easement, or identify the project boundaries
and the holder of the Conservation Easement.
D. Fences. Conservation Easements are purchased to protect the investments by the State
(Grantee) in natural resources. Livestock within conservations easements damages the investment
and can result in reductions in natural resource value and mitigation credits which would cause
financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict
livestock access to the Conservation Easement area. Repeated failure to do so may result in the
State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation
area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must
provide access to the State (Grantee) to make repairs.
E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s),
however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair
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Book 624 Page 337
crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if
such repairs are needed as a result of activities of the Grantor, his successors or assigns.
V. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity within the Conservation Easement Area that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or features
in the Conservation Easement Area that may have been damaged by such unauthorized activity or
use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall,
except as provided below, notify the Grantor in writing of such breach and the Grantor shall have
ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the
breach and damage remains uncured after ninety (90) days, the Grantee may enforce this
Conservation Easement by bringing appropriate legal proceedings including an action to recover
damages, as well as injunctive and other relief. The Grantee shall also have the power and
authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation
Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b)
to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any
appropriate person or entity. 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 is or would irreversibly or otherwise materially impair the benefits to be derived from
this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be
irreparable and remedies at law 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.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right,
with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable
times for the purpose of inspection to determine whether the Grantor is complying with the terms,
conditions and restrictions of this Conservation Easement.
C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall
be construed to entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area caused by third parties, resulting from causes beyond the Grantor's
control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent
action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to life or damage to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor,
including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantor.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee.
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Book 624 Page 338
VI. MISCELLANEOUS
A. This instrument sets forth the entire agreement of the parties with respect to the
Conservation Easement and supersedes all prior discussions, negotiations, understandings or
agreements relating to the Conservation Easement. If any provision is found to be invalid, the
remainder of the provisions of the Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon
the Property. Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly
provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are
the sole responsibility of the Grantor. 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.
C. Any notices shall be sent by registered or certified mail, return receipt requested to the
parties at their addresses shown herein or to other addresses as either party establishes in writing
upon notification to the other.
D. Grantor shall notify Grantee in writing of the name and address and any party to whom the
Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor
further agrees that any subsequent lease, deed, or other legal instrument by which any interest in
the Property is conveyed is subject to the Conservation Easement herein created.
E. 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
F. This Conservation Easement and Right of Access may be amended, but only in writing
signed by all parties hereto, or their successors or assigns, if 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 purposes of the Conservation Easement. The owner of the Property shall
notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days
prior to the initiation of any transfer of all or any part of the Property or of any request to void or
modify this Conservation Easement. Such notifications and modification requests shall be
addressed to:
Division of Mitigation Services Program Manager
NC State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
and
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AG reviewed 11 May 2017

Book 624 Page 339
General Counsel
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
G. 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.
VII. QUIET ENJOYMENT
Grantor reserves all remaining rights accruing from ownership of the Property, including
the right to engage in or permit or invite others to engage in only those uses of the Conservation
Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent with the purposes of this Conservation Easement. Without limiting the generality of
the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and
licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment
of the Conservation Easement Area,
TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes,
AND Grantor covenants that Grantor is seized of the Property in fee and has the right to
convey the permanent Conservation Easement herein granted; that the same is free from
encumbrances and that Grantor will warrant and defend title to the same against the claims of all
persons whomsoever.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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Book 624 Page 340
IN TESTIMONY, WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
GRANTOR:
ENVIRONMENTAL BANC & EXCHANGE,
LLC, a Maryland limited liability company
By: Resource Environmental Solutions, LLC, a
Louisiana limited liability company, its
Manager
By:
Name:
Title:
NORTH CAROLINA
COUNTY OF _ ; to
I, a Notary Public of the State and County aforesaid, do hereby certify that
i,3. Aj,sy„ S,,,,, ,µ., personally appeared before me this day and acknowledged that he/she is
the A-i-r.e.4k S of Resource Environmental Solutions, LLC, a Louisiana limited
liability company, m�of Environmental Banc & Exchange, LLC, a Maryland limited liability
company, and that by authority duly given, and as the act of the Grantor, he/she signed the
foregoing instrument in its name, on its behalf and as its act and deed for the purposes stated herein.
Witness my hand and official stamp or seal, this the 11 day of � W , 2021.
CHRISTOPHER A. SANTELLE
Notary Public, North Carolina
Wake County
My Commission Expires
November 05,2024
[SEAL]
Printed Name of Notary Public
My commission expires: ,,¢vv.6.1.4.- S 2024
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Book 624 Page 341
EXHIBIT A
(Description of Conservation Easement Area)
BEING THAT 25.284 ACRE AREA, AS SHOWN ON PLAT OF SURVEY ENTITLED
"CONSERVATION EASEMENT SURVEY FOR THE STATE OF NORTH CAROLINA
DIVISION OF MITIGATION SERVICES, MONKEY WALL", DMS PROJECT NO. 100069,
SPO NO. 61-AA, DATED FEBRUARY 16, 2020, 385 FORK MOUNTAIN ROAD,
BAKERSVILLE, NC 28705, OWNERS ENVIRONMENTAL BANC & EXCHANGE, LLC,
PREPARED BY C. COLE, PLS NUMBER L-5008, AND RECORDED IN THE MITCHELL
COUNTY REGISTER OF DEEDS OFFICE AT PLAT BOOK , AT PAGE 7 6,- LS i
(THE "SURVEY"), AND BEING FURTHER DESCRIBED AS F LLOWS:
CONSERVATION EASEMENT "A"
1,101,352 S.F. +/- 25.284 AC.
BEGINNING AT A SET #4 REBAR AND CAP BEING THE MOST NORTHERN CORNER
OF THE EASEMENT DESCRIBED HEREIN; THENCE S 14°08' 11" E 174.78' TO A SET #4
REBAR; THENCE S 47°52'08" 267.01' TO A SET #4 REBAR; THENCE S 23°23'43" E
217.75' TO A SET #4 REBAR; THENCE S 00°24' 11" W 94.96' TO A SET #4 REBAR;
THENCE S 36°24'58" W 65.59' TO A SET #4 REBAR; THENCE S 49°39'47" W 165.05' TO
A SET #4 REBAR; THENCE S 71°58'53" W 165.64' TO A SET #4 REBAR; THENCE S
35°37'52" W 103.62' TO A SET #4 REBAR; THENCE S 31°14'34" W 54.17' TO A SET #4
REBAR; THENCE S 21°39'32"W 380.81' TO A SET #4 REBAR; THENCE S 45°24'54" W
228.31' TO A SET #4 REBAR; THENCE S 66°12'45" W 358.41' TO A SET #4 REBAR IN
THE NORTHERN RIGHT OF WAY OF "FORK MOUNTAIN ROAD"; THENCE ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A CHORD BEARING AND DISTANCE
OF N 32°12'54" W 38.58' AND HAVING A RADIUS OF 217.70 TO A SET #4 REBAR;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CHORD BEARING
AND DISTANCE OF N 41°45'O1" W 105.09' AND HAVING A RADIUS OF 620.97' TO A
SET #4 REBAR; THENCE N 47°48'57" W 130.17' TO A SET #4 REBAR; THENCE ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A CHORD BEARING AND DISTANCE
OF N 51° 53'43"W 112.43' AND HAVING A RADIUS OF 1133.78' TO A SET #4 REBAR;
THENCE N 54°21'37" W 69.66' TO A SET #4 REBAR; THENCE N 54°21'25" W 53.69' TO
A SET #4 REBAR; THENCE N 53°59'36" W 74.04' TO A SET #4 REBAR; THENCE N
36°20'59" E 88.47' TO A SET #4 REBAR; THENCE N 80°39'25" E 70.61' TO A SET #4
REBAR; THENCE N 15°49' 18" E 75.28' TO A SET #4 REBAR; THENCE N 57°20'48" E
85.96' TO A SET #4 REBAR; THENCE N 54° 10'20" E 352.09' TO A SET #4 REBAR;
THENCE N 32°53'19" E 659.87' TO A SET #4 REBAR; THENCE N 47° 50'47 E 243.34' TO
A SET #4 REBAR; THENCE N 59°53'19" E 421.25' TO A SET #4 REBAR; THENCE S
62°03'25" E 162.34' TO THE POINT AND PLACE OF BEGINNING.
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0 2,0001,000
Feet
Figure 2 - USGS QuadrangleBakersville (1979)
Monkey Wall Mitigation Project
Mitchell County, North Carolina
Legend
Proposed Easem ent
Drainage Area
©Date: 2/27/2020
Drawn by: EJU
Checked by: MDE
Document Path: R:\Resgis\dropboxgis\projects\NC\Monkey Wall\MXD\4_Mitigation Plan\Figure 2 - USGS Map - Monkey Wall.mxd1 inch = 2,000 feet
G255.09 ac
G1-C86.6 a c
G1-B14.23 ac
G1-A11.83 ac
0 400200
Feet
Figure 4 - NRCS Soil Survey (2004)
Monkey Wall Mitigation Project
Mitchell County, North Carolina
Legend
Proposed Easem ent
©Date: 6/15/2020
Drawn by: GDS
Checked by: MDE
Document Path: R:\Resgis\dropboxgis\projects\NC\Monkey Wall\MXD\6_PCN\Figure 4 - Soils Map - Monkey Wall.mxd1 inch = 400 feet
Map Unit Symbol Map Unit Name
BtF Buladean-Ches tnut com plex, 50 to 95 percent s lopes
Ts D Thunder-Saunook com plex, 15 to 30 percent s lopes
CnD2 Clifton clay loam , 15 to 30 percent s lopes
Ts C Thunder-Saunook com plex, 8 to 15 percent s lopes
FeE2 Fannin s andy clay loam , 30 to 50 percent s lopes
WB
WC
WA
©
0 15075
Feet
Date: 6/15/2020 Drawn by: GDS
Checked by: MDE
Document Path: R:\Resgis\dropboxgis\projects\NC\Monkey Wall\MXD\6_PCN\Figure 6 - Impacts Map - Monkey Wall.mxdLegend
Proposed Easement
Existing Top of Bank
Existing Wetland
Proposed Top of Bank
Permanent Wetland Impact
Temporary Wetland Impact
Figure 6 - Project Impacts
Monkey WallMitigation Project
Mitchell County, North Carolina
1 in = 150 feet
W1 (0.0 4 a c) Permanent &W2 (0.16 ac) Temporary
S11,529 LFS11,529 LF
S21,710 LFS21,710 LF
0 2,0001,000
Feet
Figure 1 - Project Vicinity
Monkey Wall Mitigation Project
Mitchell County, North Carolina
Legend
Proposed Easem ent
TLW - 06010108060010
Service Area - HUC 06010108
Pisgah Natio nal Forest
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Drawn by: GDS
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Monke y Wa ll Project
36.0569, -8 2.2 062
0 2,0001,000
Feet
Figure 2 - USGS QuadrangleBakersville (1979)
Monkey Wall Mitigation Project
Mitchell County, North Carolina
Legend
Proposed Easement
Drainage Area
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G255.09 ac
G1-C86.6 ac
G1-B14.23 ac
G1-A11.83 ac
G2G1-CG 1 -A
G 1-B
0 300150
Feet
Legend
Proposed Easement
Utility Access Easement
Existing Wetland (0.29 ac)
Existing Rock Wall
Existing Stream
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Barn
WB
WC
WA
Powerline Easement
Figure 3 - Existing Conditions
Monkey Wall Mitigation Project
Mitchell County, North Carolina
Barn
Shed
0 400200
Feet
Figure 4 - NRCS Soil Survey (2004)
Monkey Wall Mitigation Project
Mitchell County, North Carolina
Legend
Proposed Easem ent
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Drawn by: GDS
Checked by: MDE
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Map Unit Symbol Map Unit Name
BtF Buladean-Ches tnut com plex, 50 to 95 percent s lopes
Ts D Thunder-Saunook com plex, 15 to 30 percent s lopes
CnD2 Clifton clay loam , 15 to 30 percent s lopes
Ts C Thunder-Saunook com plex, 8 to 15 percent s lopes
FeE2 Fannin s andy clay loam , 30 to 50 percent s lopes
WB
WC
WA
0 400200
Feet
Figure 5 - Project Constraints
Monkey W all M itigation Project
Mitchell County, North Carolina
Legend
Proposed Easem ent
Utility Access Easement
Existing Wetland
NWI Wetland (USFW S 10-29-2018) (None)
FE MA Zone AE (None)
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BarnBarn
Shed
WB
WC
WA
©
0 15075
Feet
Date: 6/15/2020 Drawn by: GDS
Checked by: MDE
Document Path: R:\Resgis\dropboxgis\projects\NC\Monkey Wall\MXD\6_PCN\Figure 6 - Impacts Map - Monkey Wall.mxdLegend
Proposed Easement
Existing Top of Bank
Existing Wetland
Proposed Top of Bank
Permanent Wetland Impact
Temporary Wetland Impact
Figure 6 - Project Impacts
Monkey WallMitigation Project
Mitchell County, North Carolina
1 in = 150 feet
W1 (0.0 4 a c) Permanent &W2 (0.16 ac) Temporary
S11,529 LFS11,529 LF
S21,710 LFS21,710 LF

November 26, 2018

Kim Browning
United States Army Corps of Engineers, Wilmington District
Mitigation Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27584

Re: SAW-2018-01162, Monkey Wall Mitigation Site

Ms. Kim Browning:

The Cherokee Nation (Nation) is in receipt of your correspondence about SAW-2018-01162,
Monkey Wall Mitigation Site, and appreciates the opportunity to provide comment upon this
project. Please allow this letter to serve as the Nation’s interest in acting as a consulting party to
this proposed undertaking.

The Nation maintains databases and records of cultural, historic, and pre-historic resources in this
area. Our Historic Preservation Office reviewed this project, cross referenced the project’s legal
description against our information, and found no instances where this project intersects or adjoins
such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee
cultural resources at this time.

However, the Nation requests that the United States Army Corps of Engineers (USACE) halt all
project activities immediately and re-contact our Offices for further consultation if items of cultural
significance are discovered during the course of this project.

Additionally, the Nation requests that USACE conduct appropriate inquiries with other pertinent
Tribal and Historic Preservation Offices regarding historic and prehistoric resources not included
in the Nation’s databases or records.

If you require additional information or have any questions, please contact me at your convenience.
Thank you for your time and attention to this matter.

Wado,
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation Tribal Historic Preservation Office
[e-mail]
918.453.5389

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

October 8, 2018

Matt DeAngelo
RES
302 Jefferson Street, Suite 110
Raleigh, NC 27605

Re: Monkey Wall Mitigation Site, Mitchell County, ER 18-2693

Dear Mr. DeAngelo:
Thank you for your letter of September 11, 2018, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,

Ramona M. Bartos

1
Matthew DeAngelo
From:Stancil, Vann F <[e-mail]>
Sent:Friday, October 12, 2018 2:19 PM
To:Matthew DeAngelo
Subject:[EXTERNAL] RE: [External] Project Scoping for Monkey Wall Mitigation Site in Mitchell County
Matt, 

I’ve reviewed the description for the Monkey Wall Mitigation Site, which is located on the north side of Fork Mountain 
Road and east of NC Hwy 226 in Mitchell County.  The site includes two small, unnamed tributaries to Big Rock Creek, 
which is a tributary to the North Toe River.   There are no records of any state or federally listed species at the site nor 
any in the immediate vicinity of the site.   

Regarding terrestrial species, the U.S. Fish and Wildlife Service (USFWS) has listed the northern long‐eared bat (Myotis 
septentrionalis) as threatened under the Endangered Species Act.  Mitchell County is within the range 
(https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf) of the northern long‐eared bat and 
may be present or in the vicinity of the project site.  As such, consultation with the USFWS may be required.  For more 
information, please see https://www.fws.gov/midwest/endangered/mammals/nleb/ or 
https://www.fws.gov/raleigh/NLEB_RFO.html or contact the Asheville office of the USFWS to ensure that potential 
issues related to this species are addressed.   

Thanks for the opportunity to review this mitigation project for issues related to fish and wildlife.  Please let me know if I 
can assist further.   

Vann 

From: Matthew DeAngelo <[e-mail]>  
Sent: Tuesday, September 11, 2018 2:29 PM 
To: Stancil, Vann F <[e-mail]> 
Cc: Jamey McEachran <[e-mail]>; Bob White <[e-mail]> 
Subject: [External] Project Scoping for Monkey Wall Mitigation Site in Mitchell County 

CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to 
Report Spam. 

Dear Mr. Stancil, 

The Monkey Wall Stream Mitigation Site has been identified by Resource Environmental Solutions, LLC (RES) to provide 
compensatory mitigation for unavoidable stream impacts in Mitchell County, North Carolina.  

The purpose of this letter is to request, review, and comment on any possible issues that might emerge with respect to 
fish and wildlife associated with a potential stream restoration project on the attached site. A detailed project 
description along with maps showing the location and approximate limits of the conservation easement are attached 
along with a KMZ file. 

We thank you in advance for your timely response and cooperation. You may return the comment to my attention at the 
address listed in the attached letter or via email. Please feel free to contact me at [e-mail] with any questions 
that you may have concerning the extent of site disturbance associated with this project. 
2

Sincerely, 

Matt DeAngelo 
Ecologist 

RES | res.us 
Direct: 984.255.9133 | Mobile: [phone] 

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. 

Northern Long-Eared Bat 4(d) Rule Streamlined Consultation Form
Federal agencies should use this form for the optional streamlined consultation framework for the northern long-
eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service’s
(USFWS) January 5, 2016, intra-Service Programmatic Biological Opinion (BO) on the final 4(d) rule for the
NLEB for section 7(a)(2) compliance by: (1) notifying the USFWS that an action agency will use the streamlined
framework; (2) describing the project with sufficient detail to support the required determination; and (3) enabling
the USFWS to track effects and determine if reinitiation of consultation is required per 50 CFR 402.16.
This form is not necessary if an agency determines that a proposed action will have no effect to the NLEB or if
the USFWS has concurred in writing with an agency's determination that a proposed action may affect, but is not
likely to adversely affect the NLEB (i.e., the standard informal consultation process). Actions that may cause
prohibited incidental take require separate formal consultation. Providing this information does not address
section 7(a)(2) compliance for any other listed species.
Information to Determine 4(d) Rule Compliance: YES NO
1. Does the project occur wholly outside of the WNS Zone 1? ☐ ☒
2. Have you contacted the appropriate agency 2 to determine if your project is near
known hibernacula or maternity roost trees? ☒ ☐
3. Could the project disturb hibernating NLEBs in a known hibernaculum? ☐ ☒
4. Could the project alter the entrance or interior environment of a known
hibernaculum?
☐ ☒
5. Does the project remove any trees within 0.25 miles of a known hibernaculum at
any time of year?
☐ ☒
6. Would the project cut or destroy known occupied maternity roost trees, or any
other trees within a 150-foot radius from the maternity roost tree from June 1
through July 31.
☐ ☒

You are eligible to use this form if you have answered yes to question #1 or yes to question #2 and no to
questions 3, 4, 5 and 6. The remainder of the form will be used by the USFWS to track our assumptions in the
BO.

Agency and Applicant 3 (Name, Email, Phone No.):
Donnie Brew, [e-mail], [phone]
Federal Highway Administration
Bob White, [e-mail], [phone]
Resource Environmental Solutions

1 http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf
2 See http://www.fws.gov/midwest/endangered/mammals/nleb/nhisites.html
3 If applicable - only needed for federal actions with applicants (e.g., for a permit, etc.) who are party to the consultation.
Project Name: Monkey Wall Mitigation Project, DMS Project #: 100069
Project Location (include coordinates if known): 36.0559° N, -82.2067° W
The Project is in Mitchell County approximately 2 miles northwest of Bakersville, NC. To access
the site from Asheville, proceed west on I-240 and take the exit for I-26 W. Continue on I-26 and
then take the exit for US-19 N and follow as it turns into US-19 E. Then take a left onto NC-197
N. NC-197 N will merge into NC-226 N; follow this for three miles, and then take a left onto
Fork Mountain Road. In 0.3 mile, the site will be on your left.

Basic Project Description (provide narrative below or attach additional information):
The Project is in the French Broad River Basin within Cataloging Unit 06010108, TLW
06010108060010, and NC Division of Water Resources (DWR) sub basin 04-03-06. The Project
area includes two unnamed tributaries that drain to Big Rock Creek. The current State
classification for Big Rock Creek is C; Tr.; however, the Tr. designation does not apply to the
Project tributaries (NCDWQ 2011). Therefore, the Project streams are classified as Class C
waters.

The Project will include Priority I stream restoration on two reaches (G1-C and G2-B),
Enhancement II on two reaches (G1-B, and G2-A), and Preservation on one reach (G1-A).

Stream Restoration activities will include constructing an A type stream with appropriate
dimensions and pattern, reconnecting the channel to the floodplain. In-stream structures such as
log sills and brush toes will be installed for vertical stability and to improve habitat. Buffer
improvements will filter runoff from agricultural fields, thereby reducing nutrient and sediment
loads to the channel. Livestock exclusion fence will be installed, as needed, along the easement
boundary. The widening and restoration of the riparian areas will also provide wildlife corridors
throughout the project area.

Enhancement activities will include channel grading to commit all flow to a single thread channel,
grading, and vegetative planting. Livestock exclusion fencing will be installed.

Preservation activities will include livestock exclusion fencing and establishment of a permanent
conservation easement.

General Project Information YES NO
Does the project occur within 0.25 miles of a known hibernaculum? ☐ ☒
Does the project occur within 150 feet of a known maternity roost tree? ☐ ☒
Does the project include forest conversion 4? (if yes, report acreage below) ☒ ☐
Estimated total acres of forest conversion <2.0
If known, estimated acres 5 of forest conversion from April 1 to October 31 <2.0
If known, estimated acres of forest conversion from June 1 to July 31 6
Does the project include timber harvest? (if yes, report acreage below) ☐ ☒
Estimated total acres of timber harvest
If known, estimated acres of timber harvest from April 1 to October 31
If known, estimated acres of timber harvest from June 1 to July 31
Does the project include prescribed fire? (if yes, report acreage below) ☐ ☒
Estimated total acres of prescribed fire
If known, estimated acres of prescribed fire from April 1 to October 31
If known, estimated acres of prescribed fire from June 1 to July 31
Does the project install new wind turbines? (if yes, report capacity in MW below) ☐ ☒
Estimated wind capacity (MW)

Agency Determination:
By signing this form, the action agency determines that this project may affect the NLEB, but that any
resulting incidental take of the NLEB is not prohibited by the final 4(d) rule.
If the USFWS does not respond within 30 days from submittal of this form, the action agency may
presume that its determination is informed by the best available information and that its project
responsibilities under 7(a)(2) with respect to the NLEB are fulfilled through the USFWS January 5,
2016, Programmatic BO. The action agency will update this determination annually for multi-year
activities.
The action agency understands that the USFWS presumes that all activities are implemented as
described herein. The action agency will promptly report any departures from the described activities to
the appropriate USFWS Field Office. The action agency will provide the appropriate USFWS Field
Office with the results of any surveys conducted for the NLEB. Involved parties will promptly notify the
appropriate USFWS Field Office upon finding a dead, injured, or sick NLEB.

Signature: ________________________________________ Date Submitted: ________________

4 Any activity that temporarily or permanently removes suitable forested habitat, including, but not limited to, tree removal
from development, energy production and transmission, mining, agriculture, etc. (see page 48 of the BO).
5 If the project removes less than 10 trees and the acreage is unknown, report the acreage as less than 0.1 acre.
6 If the activity includes tree clearing in June and July, also include those acreage in April to October.
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801

October 12, 2018

Matt DeAngelo
RES
302 Jefferson Street, Suite 110
Raleigh, North Carolina 27605

Dear Mr. DeAngelo:

Subject: Monkey Wall Mitigation Project; Mitchell County, North Carolina
Log No. 4-2-18-486

The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your
correspondence dated September 11, 2018, wherein you solicit comments regarding potential
impacts to federally protected species that may result from the proposed project. We submit the
following comments in accordance with the provisions of the Fish and Wildlife Coordination
Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321
et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543) (Act).

Project Description
According to the information provided, the proposed project is still in the scoping phase, but
aims to restore/enhance approximately 3,617 linear feet of an unnamed tributary to Big Rock
Creek near Bakersville, North Carolina to generate mitigation credits in the French Broad River
Basin. The site is currently dominated by agricultural land use (pasture). Project objectives
would include livestock exclusion, invasive species management, riparian planting, and
streambank stabilization. You indicated that 21.6 acres would be maintained under a
conservation easement.

Federally Listed Endangered and Threatened Species
According to Service records, suitable summer roosting habitat may be present in the project
area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the
final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared
bat associated with activities that occur greater than 0.25 miles from a known hibernation site,
and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1
– July 31). Based on the information provided, the project (which may or may not require tree
clearing) would occur at a location where any incidental take that may result from associated
activities is exempt under the 4(d) rule. Although not required, we encourage you to avoid
any associated tree clearing activities during the maternity roosting season from May 15 –
August 15 if possible.

2

According to our records and a review of the information presented, no other federally protected
species or their respective habitats occur within the project area. Please be aware that in
accordance with the Act, it is the responsibility of the appropriate federal agency or its
designated representative to review its activities or programs and to identify any such activities
or programs that may affect endangered or threatened species or their habitats. If it is
determined that the proposed activity may adversely affect any species federally listed as
endangered or threatened, formal consultation with this office must be initiated.

A population of eastern hellbenders (Cryptobranchus alleganiensis) occurs in the project’s
receiving waters (Big Rock Creek). This is a federal species of concern and is not currently
afforded legal protection under the Act. However, employing proactive conservation measures
on its behalf may help preclude the need to list it in the future. Like most aquatic species
Hellbenders are sensitive to perturbations to physical habitats and water quality. We offer the
following recommendations in the interest of protecting this and wildlife resources:

Stream Channel and Bank Restoration
A natural, stable stream system is one that is able to transport a wide range of flows and
associated sediment bed load while maintaining channel features and neither degrading nor
aggrading. Alterations to the dimension, pattern, or profile of the stream channel as well as
changes to streambank vegetation, floodplains, hydrology, or sediment input can significantly
alter this equilibrium. Accordingly, we recommend the following:

1. Only the absolute minimum amount of work should be done within stream channels to
accomplish necessary reconstruction. The amount of disturbance to in-stream and
riparian areas should not exceed what can be stabilized by the end of the workday.
Restoration plans should account for the constraints of the site and the opportunities to
improve stream pattern, dimension, and profile with minimal disturbance.

2. Reconstruction work should follow natural channel design methodologies that are based
on the bank-full, or channel-forming, stage of the stream. Bank-full stage maintains the
natural channel dimensions and transports the bulk of sediment over time. Natural
channel conditions should be identified using a reference reach (nearby stream reaches
that exemplify restoration goals). Restoration design should match the pattern,
dimension, and profile of the reference reach to ensure the project’s success. The Service
is available to assist with the identification of reference reaches.

3. All work in or adjacent to stream waters should be conducted in a dry work area to the
extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures
should be used to prevent excavation in flowing water. These diversion structures should
be removed as soon as the work area is stable.

4. Equipment should not be operated in the stream unless absolutely necessary. Machinery
should be operated from the banks in a fashion that minimizes disturbance to woody
vegetation. Equipment should be: (a) washed to remove any contaminant residue prior
to project construction, (b) in good working order, and (c) checked to ensure there are no
3

leaks of potential contaminants (such as oil or other lubricants) prior to and during
construction.

5. Streambanks with deep-rooted woody vegetation are the most stable, and stream
restoration efforts should incorporate the use of native vegetation adapted to the site
conditions. Live dormant stakes (such as black willow) may be used to reestablish root
structure in riparian areas.

In areas where banks are severely undercut, high, and steep, whole-tree revetment or rock
may be used as a stabilization treatment (small rock, gravel, sand, and dirt are not
recommended due to their erosive nature), and it should not extend above the bank-full
elevation (the elevation of the channel where the natural floodplain begins).
Deep-rooting woody vegetation should be established along banks where any channel
work is accomplished. Tree and shrub plantings should be spaced at intervals no greater
than 10 feet along banks. Vegetated riparian zone widths should be as wide as practical
but should extend at least 30 feet from the stream channel.

6. Adequate measures to control sediment and erosion must be implemented prior to any
ground-disturbing activities in order to minimize effects on downstream aquatic
resources. In North Carolina, non-cohesive and erosion-prone soils are most common in
the felsic-crystalline terrains of the mountain and upper piedmont regions. Therefore,
reconstruction work should be staged such that disturbed areas would be stabilized with
seeding, mulch, and/or biodegradable (coir) erosion-control matting prior to the end of
each workday. No erosion-control matting or blankets should contain synthetic
(netting) materials as they trap animals and can persist in the environment beyond
their intended purpose. Matting should be secured in place with staples; stakes; or,
wherever possible, live stakes of native trees. If rain is expected prior to temporary seed
establishment, additional measures should be implemented to protect water quality along
slopes and overburden stockpiles (for example, stockpiles may be covered with plastic or
other geotextile material and surrounded with silt fencing).

If you have not done so already, we encourage you to contact the North Carolina Wildlife
Resources Commission regarding potential impacts to state-protected natural resources.

The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron
Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future
correspondence concerning this project, please reference our Log Number 4-2-18-486.

Sincerely,

- - original signed - -

Janet Mizzi
Field Supervisor

E.c. Andrea Leslie; NCWRC
M!M!WB
WC
WA
G2
G1
21 ©0 200100
Feet
REFERENCE
1) Horizontal Datum is NAD83 UTM Z15N.
2) Map Projection is NAD_1983_StatePlane_North_Carolina_FIPS_3200_Feet
Date: 6/16/2020 Drawn by: JLS
Checked by: BPB
Document Path: R:\Resgis\dropboxgis\projects\NC\Monkey Wall\MXD\3_JD\WOUS_Map.mxdLegend
Proposed Easement(25.25 ac)
Potential WetlandWaters of the US
Potential Non-Wetland Waters ofthe US
M!Wetland Data Point
M!Upland Data Point
Potential Wetland or Non-Wetland Waters of the U.S. Map
Monkey Wall Mitigation Site
Mitchell County, North Carolina
1 in = 200 feet
Revisions: NONE
Fe ature ID Le ngth (LF)
G1 1977.43
G2 1637.75
Total 3,615
Fe ature ID Are a (acre s)
WA 0.248
WB 0.028
WC 0.013
Total 0.289
Pote ntial Non-We tland Wate rs of the U.S.
Pote ntial We tland Wate rs of the U.S