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Home My WebLink About20130577 Ver 1_Revised Final Mit Plan_20130531FINAL DETAILED MITIGATION PLAN LITTLE LICK CREEK BUFFER RESTORATION DURHAM COUNTY, NORTH CAROLINA EEP Project No. 92542, Contract No. D13010S NEUSE RIVER BASIN CATALOGING UNIT 03020201 Prepared for: 1�1 a1 1 11�'I i" f VAIA North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699 -1652 April 2013 FINAL DETAILED MITIGATION PLAN LITTLE LICK CREEK BUFFER RESTORATION DURHAM COUNTY, NORTH CAROLINA EEP Project No. 92542, Contract No. D13010S NEUSE RIVER BASIN CATALOGING UNIT 03020201 Prepared for: u m � vii arm North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, North Carolina 27699 -1652 Prepared by: Aximm ErvwSrr nrnr�arrt�u, Inc. Axiom Environmental, Inc. 218 Snow Avenue Raleigh, North Carolina 27603 (919) 215 -1693 Project Manager: Grant Lewis April 2013 EXECUTIVE SUMMARY This detailed mitigation plan describes the Little Lick Creek Buffer Project (Project) and is designed specifically to assist in fulfilling North Carolina Ecosystem Enhancement Program (NCEEP) mitigation goals. The Project is located approximately five miles east of Durham in Durham County, North Carolina. This portion of Durham County is located within the Upper Neuse River Basin Hydrologic Unit and Targeted Local Watershed 03020201050020. This document details riparian buffer and nutrient offset buffer mitigation within an approximately 12.14 - acre easement. This restoration work will result in 0.87 acre (37,897 square feet) between top of bank and 50 feet from the top of bank viable for either riparian buffer mitigation or nutrient offset mitigation (providing 1977 pounds of nitrogen and 127 pounds of phosphorus offsets over 30 years). Additionally, work between 50 feet and 200 feet from the top of bank will result in 6.65 ac (289,672 square feet) of nutrient offset mitigation (providing 15,116 pounds of nitrogen offsets and 974 pounds of phosphorus offsets over 30 years). The Little Lick Creek Local Watershed Plan (NCEEP 2006) project atlas includes this Project (called Butler Road) with identified stressors resulting from anthropogenic activities related to the conversion of 80 percent of the watershed to disturbed land use /land cover with impervious surfaces covering over 14 percent of the watershed. Water quality is influenced due to the watershed slope (6 percent), the presence of moderately erodible soils, and its location within the Triassic Basin ecoregion. This project was identified for riparian buffer and nutrient offset restoration opportunities to improve hydrology, water quality, and habitat. Little Lick Creek is on the NC Section 303(d) list of impaired water bodies, due to poor aquatic life ratings and low levels of dissolved oxygen. The goals of the Little Lick Creek Project (Butler Road) address stressors identified in the Project watershed and include the following. • Restore riparian buffers associated with Little Lick Creek, a UT to Little Lick Creek, and water conveyances flowing to jurisdictional waters on site. The project goals will be addressed by the following objectives: • Reestablish natural vegetation along stream banks and water by planting existing cleared /disturbed land and treating invasive species. Final Detailed Mitigation Plan Ecosystem Enhancement Program Executive Summary page 1 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) Table of Contents 1.0 RESTORATION PROJECT GOALS AND OBJECTIVES ............................... ..............................1 2.0 SITE SELECTION ............................................................................................. ..............................1 2.1 Directions .................................................................................................. ..............................1 2.2 Site Selection ............................................................................................. ..............................2 2.3 Vicinity Map ............................................................................................ ............................... 2 2.4 Watershed Map ........................................................................................ ............................... 4 2.5 Soil Survey ............................................................................................... ............................... 4 2.6 Current Condition Plan View .................................................................... ..............................4 2.7 Historical Condition Plan View ............................................................... ............................... 4 2.8 Project Photographs ................................................................................. ............................... 9 3.0 SITE PROTECTION INSTRUMENT ............................................................... .............................10 3.1 Site Protection Instrument Summary Information ................................. ............................... 10 3.2 Site Protection Instrument Figure .......................................................... ............................... 10 4.0 BASELINE INFORMATION ........................................................................... .............................12 4.1 Watershed Summary Information .......................................................... ............................... 12 4.2 Reach Summary Information ................................................................. ............................... 13 4.3 Wetland Summary Information .............................................................. ............................... 13 4.4 Regulatory Considerations ....................................................................... .............................13 5.0 DETERMINATION OF CREDITS ................................................................... .............................13 6.0 CREDIT RELEASE SCHEDULE ..................................................................... .............................16 7.0 MITIGATION WORK PLAN ........................................................................... .............................16 7.1 Target Plant Community ........................................................................ ............................... 16 7.2 Design Parameters .................................................................................... .............................16 7.2.1 Soil Amendments ................................................................................. ............................... 16 7.2.2 Vegetation Management ........................................................................ .............................16 7.2.3 Plant Community Restoration .............................................................. ............................... 17 8.0 MAINTENANCE PLAN ................................................................................... .............................17 9.0 VEGETATION SUCCESS CRITERIA ............................................................ .............................17 10.0 MONITORING REQUIREMENTS .................................................................. .............................17 11.0 LONG -TERM MANAGEMENT PLAN ........................................................... .............................18 12.0 REFERENCES .................................................................................................. .............................19 List of Tables Table 1. Soils Mapped within the Project .................. Table 2. Project Land Information ............................. Table 3. Baseline Project Information ....................... Table 4. Project Components and Mitigation Credits Table 5. Planting Plan ................. ............................... Table 6. Monitoring Schedule ..... ............................... Final Detailed Mitigation Plan Ecosystem Enhancement Program Table of Contents page 1 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) List of Figures Figure 1. Project Location Map .............. ............................... Figure 2. Project Watershed Map ........... ............................... Figure 3. Project NRCS Soil Survey Map ............................. Figure 4. Current Condition Plan View .. ............................... Figure 5. Historical Condition Plan View .............................. Figure 6. Conservation Area for the State of North Carolina Figure7. Asset Map ................................ ............................... Figure 8. Mitigation Work Plan .............. ............................... Figure 9. Monitoring Plan ....................... ............................... Appendices Appendix A. Site Protection Instrument Appendix B. Baseline Information Data NCDWQ Stream Determination NCDWQ Mitigation Viability Letter Final Detailed Mitigation Plan Ecosystem Enhancement Program Table of Contents page 2 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) LITTLE LICK CREEK DETAILED MITIGATION PLAN 1.0 RESTORATION PROJECT GOALS AND OBJECTIVES The Little Lick Creek Buffer Restoration Project is located in the Little Lick Creek Local Watershed planning area, which is nested in the 700 square mile Falls Lake watershed. The Project watershed is located within 14 -digit Hydrologic Unit Code (HUC) 03020201050020, which was identified as a Targeted Local Watershed (TLW) in the North Carolina Ecosystem Enhancement Program ( NCEEP) 2010 Neuse River Basin Restoration Priority (RBRP) plan and is identified in the 2009 Little Lick Creek Local Watershed Plan (LWP) Upper Neuse Project Atlas (Butler Road). NCEEP developed a LWP for the 21- square mile Little Lick Creek watershed area that included land use analysis, water quality monitoring, and stakeholder input to identify problems with water quality, habitat, and hydrology. The Little Lick Creek watershed is relatively undeveloped and in an active state of rural to suburban transition with agriculture, forestry, rural, and undeveloped land comprising over 50 percent of the land uses. Durham's laws zone this land for more intensive development; therefore, this land is rapidly being converted to residential and commercial properties. Little Lick Creek is on the NC Section 303(d) list of impaired water bodies, due to poor aquatic life ratings and low levels of dissolved oxygen as the result of trash dumping, poor maintenance of on -site wastewater treatment systems, small vehicle maintenance and repair operations, outdoor materials storage, grease storage, and wash water disposal. The Little Lick Creek LWP project atlas includes this Project (Butler Road) with identified stressors resulting from anthropogenic activities related to the conversion of 80 percent of the watershed to disturbed land use /land cover with impervious surfaces covering over 14 percent of the watershed. Water quality is influenced due to the watershed slope (6 percent), the presence of moderately erodible soils, and its location with the Triassic Basin ecoregion. This project was identified for riparian buffer and nutrient offset restoration opportunities to improve hydrology, water quality, and habitat. The goals of the Little Lick Creek Project (Butler Road) address stressors identified in the Project watershed and include the following. • Restore riparian buffers associated with Little Lick Creek, a UT to Little Lick Creek, and water conveyances flowing to jurisdictional waters on site. The project goals will be addressed by the following objectives: • Reestablish natural vegetation along stream banks and water by planting existing cleared /disturbed land and treating invasive species. 2.0 SITE SELECTION 2.1 Directions Directions to the Project from Raleigh, North Carolina: • Take Glenwood Avenue /US -70 West towards Durham • After approximately 15.5 miles, turn right on S. Mineral Springs Road • Turn left after 0.2 mile to stay on S. Mineral Springs Road • The Project is 2.8 miles on the left; the access point is on Butler Road Latitude 35.9852 °N, Longitude 78.8208 °W (NAD83/WGS84) Final Detailed Mitigation Plan Ecosystem Enhancement Program page 1 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) 2.2 Site Selection The Little Lick Creek Project easement area consists of 12.14 acres that was subdivided and proposed for development. The Project is currently characterized fallow fields and mature mixed hardwood forest (Figure 4). Of the 4.12 acres of existing mature forest on site, 0.22 acre is comprised of singular mature trees not associated with a contiguous forest. Riparian buffer vegetation adjacent to stream channels and water conveyances is variable ranging from disturbed vegetation with little diversity to more diverse mature forest. Fallow fields are dominated by herbaceous vegetation and maintain little vegetative diversity with several thick areas of rose (Rosa sp.) and blackberry (Rubus argutus) with scattered Japanese honeysuckle (Lonicera japonica), two small areas of loblolly pine (Pinus taeda) seedlings, and scattered natural recruits of various oak species (Quercus spp.) and sweetgum (Liquidambar styracifua). Mixed hardwood forest areas are composed of the following. • Winged elm (Ulmus alata) • Water oak (Quercus nigra) • Willow oak (Quercus phellos) • Northern red oak (Quercus rubra) • Wax myrtle (Morella cerifera) • Tag alder (Alnus serrulata) • River birch (Betula nigra) • Red maple (Acer rubrum) • Sweetgum (Liquidambar styracifua) • Black gum (Nyssa sylvatica) • Black cherry (Prunus serotina) • Eastern red cedar (Juniperus virginiana) • Black willow (Salix nigra) • Green ash (Fraxinus pennsylvanica) • Japanese honeysuckle (Lonicera japonica) • Chinese privet (Ligustrum sinense) • Thorny olive (Eleagnus pungens) Project water conveyances flow to Little Lick Creek, a jurisdictional stream, and have narrow to no riparian buffers. The Project area is divided by Butler Road and a sewer easement runs approximately parallel to the west of Little Lick Creek. The Project has been cleared since the oldest available aerial photography (March 1964). Historically, water conveyances were straightened and /or disturbed with little to no riparian buffer, and locations of adjacent roadways have not changed since 1964. 2.3 Vicinity Map The Little Lick Creek Project is located just east of the City of Durham in Durham County just north of the intersection of Highway 98 and Mineral Springs Road (Figure 1). Final Detailed Mitigation Plan Ecosystem Enhancement Program page 2 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 (919) 215 -1693 Axiom EnviranimentW, dnr. PROJECT LOCATION MAP LITTLE LICK CREEK PROJECT Durham County, North Carolina Dwn. by. KRJ FIGURE Date: January 2013 EEP Project: 92542 2.4 Watershed Map Little Lick Creek drains an approximately 6.0- square mile watershed at the Project outfall (Figure 2). The watershed is highly developed and contains a portion of the City of Durham. 2.5 Soil Survey Soils within the Project, according to the Natural Resource Conservation Service Web Soil Survey (MRCS 2012) are comprised of Altavista silt loam, Chewacla and Wehadkee soils, Creedmoor sandy loam, and White Store sandy loam. Soils within the Project are depicted in Figure 3 and described below. Table 1. Soils Mapped within the Project *USDA 2012 Two soil samples were collected within the Project for analysis by the North Carolina Department of Agriculture and Consumer Services (NCDA &CS) Agronomy Division to receive Project specific lime and fertilizer recommendations in order to protect the environment by minimizing the use of fertilizers. Each sample was collected following the protocol outlined by the NCDA &CS and recommendations are given for the establishment of hardwood forest vegetation and the maintenance of hardwood forest vegetation. The soil samples were taken in fallow fields, one north of Butler Road and the other south of Butler Road as shown in Figure 4. Soil samples are currently being analyzed by NCDA &CS; Project specific recommendations for soil amendments will be included in Project bid documentation. 2.6 Current Condition Plan View The Little Lick Creek current conditions, consisting of fallow fields and mature forest, are depicted on Figure 4. 2.7 Historical Condition Plan View The Little Lick Creek historical conditions (March 1964 aerial photography) are depicted on Figure 5. Final Detailed Mitigation Plan Ecosystem Enhancement Program page 4 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) Hydric Soil Series Family Description Status* This series consists of rarely flooded, moderately well- drained soils on Altavista silt stream terraces. Slopes are between 0 -6 percent. Depth to the water Hydric Aquic Hapludults loam table is between 18 -30 inches. These soils are old loamy alluvium derived from igneous and metamorphic rock. This series consist of somewhat poorly to poorly drained, frequently Fluvaquentic flooded soils found on floodplains and in depressions on floodplains. Chewacla and Dystrudepts and Hydric Slopes are between 0 -2 percent. Depth to the water table is between Wehadkee soils Fluvaquentic 0 -24 inches. These soils are loamy alluvium derived from igneous and Endoaquepts metamorphic rock. This series consist of moderately well- drained soils found on uplands. Creedmoor sandy Slopes are between 2 -10 percent. Depth to the water table is between Not Hydric Aquic Hapludults loam 18 -24 inches. These soils are residuum weathered from shale and siltstone and /or mudstone and /or sandstone. This series consist of moderately well- drained soils found on White Store hillslopes on ridges. Slopes are between 6 -10 percent. Depth to the Not Hydric Vertic Hapludalfs sandy loam water table is between 12 -18 inches. These soils are residuum weathered from mudstone and /or shale and siltstone and /or sandstone. *USDA 2012 Two soil samples were collected within the Project for analysis by the North Carolina Department of Agriculture and Consumer Services (NCDA &CS) Agronomy Division to receive Project specific lime and fertilizer recommendations in order to protect the environment by minimizing the use of fertilizers. Each sample was collected following the protocol outlined by the NCDA &CS and recommendations are given for the establishment of hardwood forest vegetation and the maintenance of hardwood forest vegetation. The soil samples were taken in fallow fields, one north of Butler Road and the other south of Butler Road as shown in Figure 4. Soil samples are currently being analyzed by NCDA &CS; Project specific recommendations for soil amendments will be included in Project bid documentation. 2.6 Current Condition Plan View The Little Lick Creek current conditions, consisting of fallow fields and mature forest, are depicted on Figure 4. 2.7 Historical Condition Plan View The Little Lick Creek historical conditions (March 1964 aerial photography) are depicted on Figure 5. Final Detailed Mitigation Plan Ecosystem Enhancement Program page 4 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) „101 Axiom EnviranimentW, dnr. Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 (919) 215 -1693 PROJECT WATERSHED MAP LITTLE LICK CREEK PROJECT Durham County, North Carolina Dwn. by. KRJ FIGURE Date: January 2013 2 EEP Project: 92542 „101 Axiom EnviranimentW, dnr. Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 (919) 215 -1693 PROJECT NRCS SOIL SURVEY MAP LITTLE LICK CREEK PROJECT Durham County, North Carolina Dwn. by. KRJ FIGURE Date: January 2013 3 EEP Project: 92542 Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 (919) 215 -1693 Axiom EnviranimentW, dnr. CURRENT CONDITION PLAN VIEW LITTLE LICK CREEK PROJECT Durham County, North Carolina Dwn. by. KRJ /CLF FIGURE Date: February 2013 4 EEP Project: 92542 Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 (919) 215 -1693 Axiom EnviranimentW, dnr. HISTORICAL CONDITION PLAN VIEW AERIAL PHOTOGRAPHY FROM MARCH 1980 LITTLE LICK CREEK SITE Durham County, North Carolina Dwn. by. KRJ FIGURE Date: January 2013 EEP Project: 5 92542 2.8 Project Photographs Project photographs were taken in January 2013; locations are depicted on Figure 4 Final Detailed Mitigation Plan Ecosystem Enhancement Program page 9 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) 3.0 SITE PROTECTION INSTRUMENT 3.1 Site Protection Instrument Summary Information The land required for the construction, management, and stewardship of this mitigation project includes portions of the following parcels and has been protected by a permanent conservation easement and right of access; a copy of the recorded land protection instrument is included in Appendix A. Table 2. Project Land Information Parcel Landowner PIN County Site Protection Instrument Deed Book/Page Number Acreage protected 1 Richard and Thelma Larrabee 0851 -03 -33 -1926 Durham Conservation Easement and Right of Access 318AI and 1412/109 12.1434 2 0851 -03 -33 -3904 3 0851 -03 -23 -9703 4 0851 -03 -33 -1710 5 0851 -03 -33 -2686 7 0851 -03 -23 -9513 8 0851 -03 -33 -1348 9 0851 -03 -23 -9313 10 0851 -03 -23 -9103 11 0851 -03 -33 -0097 3.2 Site Protection Instrument Figure The surveyed conservation easement and right of access for this mitigation project is depicted on Figure 6. Final Detailed Mitigation Plan Ecosystem Enhancement Program page 10 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) (Page 1 of 2) Tq �r Cl i n _ r I� I w ° I � x r 8T 8 a, ~�a5 ww r nor /sa a�_— Zaaaa�o 4 "^' xCHO cy zm uS r_ g zYo� S 37 I 1 m } r r- A \r Z m 47 N Uj dzi o :( 4� o� =z 1 c Q m ttF ( 1 x x Nor U I x51. =fR om Ve W�j LL m 0.. e = $s gy m3 "N}i��a ME f � m w o- s �o _ F - —; �• � o.az � mc.�u zca o.' `.9o.a* .��4� m l � F xo�sita�ie�ssawvsswaas7va�w � a `� 'i"�' r r s r3 ifiha �) w I �a - I�, w, Ts __ In 5 X o ;, I i 4 w..xp � _.Nll NINW w � I •. � � '- a g � >' � B°, +. � � ^,, " ° g o k chi i i �N 4.0 BASELINE INFORMATION Baseline information for the Project is summarized in the following table and sections. Table 3. Baseline Project Information Project Information Project Name Little Lick Creek Project County Durham Project Area 12.1434 acres Project Coordinates 35.9852 °N, 78.8208 °W Project Watershed Summary Information Physiographic Region Piedmont Project River Basin Neuse USGS 8 -digit FlUC 03020201 USGS 14 -digit FlUC 03020201050020 NCDWQ Subbasin 03 -04 -01 Project Drainage Area 6.0 square miles Project Drainage Area Impervious Surface >14% Reach Summary Information Parameters Little Lick Creek UT to Little Lick Creek Length of Reach (linear feet) 1254 510 Drainage Area (square miles) 6.04 0.27 NCDWQ Index Number 27- 9 -(0.5) 27- 9 -(0.5) NCDWQ Classification WS -IV, NSW WS -IV, NSW Dominant Soil Series Chewacla and Wehadkee Drainage Class Somewhat Poorly to Poorly Drained Soil Hydric Status Hydric Slope 0 -2 percent FEMA Classification 100 -Year Floodplain Native Vegetation Community Piedmont/Low Mountain Alluvial Forest Percent Composition of Exotic Invasives 5.6 Regulatory Considerations Regulation Applicable Waters of the U.S. — Sections 404 and 401 No Endangered Species Act No Historic Preservation Act No CZMA /CAMA No FEMA Floodplain Compliance No Essential Fisheries Habitat No 4.1 Watershed Summary Information The Project is located in United States Geological Survey (USGS) Hydrologic Unit (HU) 03020201050020 (North Carolina Division of Water Quality [NCDWQ] Subbasin 03- 04 -01) of the Upper Neuse River Basin and will service the USGS 8 -digit Cataloging Unit (CU) 03020201 (Figure 2) (USGS 1974). The project HU encompasses approximately 21 square miles and is largely characterized by urban land use. Further discussion of the Little Lick Creek watershed and NCEEP's LWP can be found in Section 1.0 (Restoration Project Goals and Objectives). Final Detailed Mitigation Plan Ecosystem Enhancement Program page 12 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) The Project drainage area, nested in the 700 square mile Falls Lake watershed, encompasses approximately 6.0 square miles at the downstream Project outfall (Figure 2). The Project drainage area is located on the outer edge of Durham with identified stressors resulting from anthropogenic activities related to the conversion of 80 percent of the watershed to disturbed land use /land cover and impervious surfaces covering over 14 percent of the watershed (NCEEP 2006). 4.2 Reach Summary Information Little Lick Creek within the Project has been assigned a Stream Index Number of 27- 9 -(0.5) and a Best Usage Classification of WS -IV, NSW (NCDWQ 2012). Streams with a designation of WS -IV are waters used by industry to supply their employees with drinking water or as waters formerly used as water supply. These waters are also protected for Class C uses. Class C water uses include secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and agriculture. The supplemental classification NSW (Nutrient Sensitive Waters) includes areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. Further discussion of the Little Lick Creek can be found in Section 1.0 (Restoration Project Goals and Objectives). 4.3 Wetland Summary Information This project contains no jurisdictional wetlands. 4.4 Regulatory Considerations Little Lick Creek and an unnamed tributary to Little Lick Creek were verified as subject to the Neuse River Buffer Rule and viable for Nutrient Offset /Riparian Buffer mitigation during an onsite determination made by Eric Kulz on October 23, 2009. Verification letters and associated maps can be found in Appendix B. 5.0 DETERMINATION OF CREDITS Mitigation credits presented in the following table are projections based upon Project design (Figures 7- 8). Upon completion of Project construction the project components and credits data will be revised to be consistent with the as -built condition. Table 4. Project Components and Mitigation Credits Mitigation Credits Type Riparian Buffer Nutrient Offset Totals 37,896 ft2 6.65 acres (minimum, see below) Nitrogen: 15,116 lbs Phosphorous: 974 lbs Projects Components Project Restoration/ Pounds of Pounds of Component/ Restoration Restoration Mitigation Nitrogen Phosphorus Comment Reach 1D Equivalent Acreage Ratio Treated Over 30 Treated Over 30 Years Years *Riparian Restoration 37,897.2 ft 1:1 ** 1977 lbs ** 127 lbs Invasive /nuisance Buffer (0.87 acres) species removal ***Nutrient 289,674 and planting with Offset Restoration (6.65 ftz) 1:1 15,116 lbs 974 lbs native hardwood trees. *These areas will either be used for Riparian Buffer Mitigation OR Nutrient pound reduction, not both. * *Additional nutrient removal potential if used in lieu of Riparian Buffer square footage. ***This area is between 50 feet -200 feet from top of bank and can ONLY be used for Nutrient Offset pound reduction. Final Detailed Mitigation Plan Ecosystem Enhancement Program page 13 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) D— by. KRJ /CLF FIGURE /��n� omE roma�i MAPASSETS Date: 21 8 ;gh NC LITTLE LICK CREEK PROJECT Raiagn, Nc z5so3 May 2013 (919J2151693 Durham County, North Carolina EEP Project: azcom E:nWs�oNme��ao,. mc. 92542 D— by. KRJ /CLF FIGURE MITIGATION WORK PLAN Date: 21 8 ;gh NC LITTLE LICK CREEK PROJECT Rasa gn, NC ZSSa� February 2013 (919J2151693 Durham County, North Carolina EEP Project: azcom E:nWsoNme��ao,. mc. 92542 6.0 CREDIT RELEASE SCHEDULE All riparian buffer and nutrient offset credits for this project were released in full at Project Institution (September 24, 2012). 7.0 MITIGATION WORK PLAN 7.1 Target Plant Community The target community for Project plant restoration, based on Schafale and Weakley (1990) community descriptions, most closely resembles a Piedmont /Low Mountain Alluvial Forest. Dominant overstory species within this community, according to Schafale and Weakley (1990) and observed within onsite reference areas, include the following. • River birch (Betula nigra) • Sycamore (Platanus occidentahs) • Sweetgum (Liquidambar styracifua) • Tulip poplar (Liriodendron tulipifera) • American elm (Ulmus americana) • Hackberry (Celtis laevigata) • Black walnut (Juglans nigra) • Green ash (Fraxinus pennsylvanica) • Bittemut hickory (Carya cordiformis) • Shagbark hickory (Carya ovata) • Shingle oak (Quercus imbricaria) • Red maple (Acer rubrum) • Water oak (Quercus nigra) • Willow oak (Quercus phellos) • Northern red oak (Quercus rubra) • Black gum (Nyssa sylvatica) • Black cherry (Prunus serotina) • Green ash (Fraxinus pennsylvanica) 7.2 Design Parameters 7.2.1 Soil Amendments Project specific soil amendment recommendations will be obtained based on the results of two soil samples collected within the Project. The samples are currently being analyzed by the NCDA &CS Agronomy Division; results will be included in Project bid documentation if soil amendments are necessary. 7.2.2 Vegetation Management Vegetation management within the Project will include management of areas of loblolly pine (Pinus taeda) seedlings, dense areas of blackberry (Rubus argutus), and several invasive species including rose (Rosa sp.), Japanese honeysuckle (Lonicera japonica), and Chinese privet (Ligustrum sinense) as depicted on Figure 8. Two areas of dense pine recruits (totaling 0.21 acre), which average 3 -5 feet in height, within fallow fields will be manually removed by cutting individual plants at the base of the plant Final Detailed Mitigation Plan Ecosystem Enhancement Program page 16 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) to prevent resprouting. Two additional areas of dense rose (Rosa sp.) and blackberry (Rubus argutus) with scattered Japanese honeysuckle (Lonicera japonica) (totaling 0.67 acre) within fallow fields will be manually removed by cutting individual plants and spraying stumps and /or branches with chemical herbicide. Removal of these areas in addition to areas of pine seedlings is intended to reduce competition for planted containerized hardwoods. Additional treatment of Chinese privet (Ligustrum sinense), scattered within 2.67 acres of mature forest, and treatment of both Chinese privet (Ligustrum sinense) and thorny olive (Eleagnus pungens) scattered within 1.45 acres of mature reference forest, will be manually removed by cutting individual plants and spraying stumps and /or branches with chemical herbicide. 7.2.3 Plant Community Restoration Restoration of floodplain forest and stream -side habitat allows for development and expansion of characteristic species across the landscape. Ecotonal changes between community types contribute to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals, birds, amphibians, and other wildlife. Piedmont /Low Mountain Alluvial Forest is the primary plant community association targeted for this Project (Figure 8). Table 5. Planting Plan Species Swamp chestnut oak (Quercus michauxii) Cherrybark oak (Quercus pagoda) Sycamore (Platanus occidentalis) American elm (Ulmus americana) Green ash Fraxinus enns lvanica Willow oak (Quercus phellos) Water oak (Quercus nigra) River birch (Betula nigra) Hackberry (Celtis laevigata) Tulip poplar (Liriodendron tulipifera) 8.0 MAINTENANCE PLAN NCEEP shall monitor the Project on a regular basis and shall conduct a physical inspection of the Project a minimum of once per year throughout the post - construction monitoring period until performance standards are met. 9.0 VEGETATION SUCCESS CRITERIA An average density of 320 planted hardwood stems per acre must be surviving after five monitoring years in accordance with North Carolina Division of Water Quality Administrative Code 15A NCAC 0213.0242 (Neuse River Basin, Mitigation Program for Protection and Maintenance of Existing Riparian Buffers) (NCDWQ 2007). 10.0 MONITORING REQUIREMENTS Annual monitoring data will be reported using the EEP monitoring template. The monitoring report shall provide a project data chronology that will facilitate an understanding of project status and trends, population of EEP databases for analysis, research purposes, and assist in decision making regarding Final Detailed Mitigation Plan Ecosystem Enhancement Program page 17 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) project close -out. The following table outlines monitoring requirements for this project; monitoring parameter descriptions follow. Table 6. Monitoring Schedule Parameter Quantity Frequency Notes 8 CVS plots (see Figure 9 for Monitoring Years Vegetation will be monitored using the Vegetation approximate locations) 1 -5 Carolina Vegetation Survey (CVS) protocols Exotic and nuisance Semi- annual Locations of exotic and nuisance vegetation vegetation will be mapped Locations of fence damage, vegetation Project boundary Semi - annual damage, boundary encroachments, etc. will be mapped Vegetation Monitoring After planting has been completed during the 2013 -2014 dormant season, baseline sampling will be performed to determine initial species composition and density. During quantitative vegetation sampling in early fall of the first year, eight CVS plots (10 -meter by 10- meter) will be permanently monumented within the Project and monitored as per guidelines established in CVS -EEP Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008) (Figure 9). 11.0 LONG -TERM MANAGEMENT PLAN Upon approval for close -out, the Project will be transferred to the an appropriate responsible party. This party shall be responsible for periodic inspection of the Project to ensure that restrictions required in the conservation easement or the deed restriction document(s) are upheld. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to transfer to the responsible party. The responsible party will house the stewardship endowment within a non - reverting, interest bearing account. The account shall be managed as a non - wasting endowment. Interest gained by the endowment fund may be used only for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs (if applicable). Interest funds not used for those purposes will be re- invested in the endowment account to offset losses due to inflation. Final Detailed Mitigation Plan Ecosystem Enhancement Program page 18 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) Axiom Environmental 218 Snow Avenue Raleigh, NC 27603 (919) 215 -1693 Axiom EnviranimentW, dnr. MONITORING PLAN LITTLE LICK CREEK PROJECT Durham County, North Carolina Dwn. by. KRJ /CLF FIGURE Date: April 2013 9 EEP Project: 92542 12.0 REFERENCES Lee, Michael T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS -EEP Protocol for Recording Vegetation, Version 4.2. (online). Available: http : / /cvs.bio.unc.edu /methods.htm. North Carolina Division of Water Quality (NCDWQ). 2007. Redbook, Surface Waters and Wetlands Standards. North Carolina Department of Environment and Natural Resources, Division of Water Quality. Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2012. North Carolina Waterbodies Listed by River Basin (Online). Available: http: / /portal.ncdenr.org /c /document library /get_file ?uuid= b9835c93 -t244- 4bc3- 9282- 4a58d98310da &groupld =38364 [January 28, 2013]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Ecosystem Enhancement Program (NCEEP). 2006. Little Lick Creek Local Watershed Plan (Online). Available: http: / /www.nceep. net / services /lwps /little_ lick/LittleLick_LWP.pdf [January 7, 2013]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Ecosystem Enhancement Program (NCEEP). 2010. Neuse River Basin Restoration Priorities (Online). Available: http://portal.ncdenr.org /c/ document_ library/ get _file ?uuid= 665be84c- ct93 -477b- 918c- 1993778efllf &groupld =60329 [January 7, 2013]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Ecosystem Enhancement Program (NCEEP). undated. Little Lick Creek Hydrologic Unit 03020201050020 Upper Neuse Project Atlas (online). Available: http: / /www.nceep. net / services /lwps /little_lick/Little_ Lick Creek _chapter_final_reduced_size.pdf [January 7, 2013]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. Natural Resources Conservation Service (MRCS). 2012. Web Soil Survey (online). Available: http : / /websoilsurvey.nres.usda.gov/ [January 18, 2013]. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Schafale, 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, North Carolina Department of Environment, Health, and Natural Resources. Raleigh, North Carolina. United States Department of Agriculture (USDA). 2012. National Hydric Soils List by State, North Carolina (online). Available: ftp: / /ftp- fc.sc.egov. usda. gov /NSSC/Hydric _Soils /Lists /hydric_soils.xlsx [January 18, 2013]. United State Department of Agriculture, Natural Resources Conservation Service. United States Geological Survey (USGS). 1974. Hydrologic Unit Map - 1974. State of North Carolina. Final Detailed Mitigation Plan Ecosystem Enhancement Program page 20 Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) Appendix A. Site Protection Instrument Final Detailed Mitigation Plan Ecosystem Enhancement Program Appendices Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) 20110276r66r�e'taa FOR REGISTRATION REGISTER OF DEEDS Willie L. Covington DURHAM COUNTY, NC 2011 SEP 14 04:07:18 PM BK:6800 P6:31 -42 FEE:$49.00 ICUM 1201927666 STATE OF NORTH CAROLINA CONSERVATION EASEMENT DURHAM COUNTY AND RIGHT OF ACCESS SPO File Number 032-BA EEP Site ID 92542 Prepared by: Office of the Attorney General q,,,� Jam Js /1� Property Control Section I` Ioy-S Return to: n' n State- e Srnel Ic aD9e'-5 1321-1x+ r� Genter $75 , -82 "shjAl TON Sf Rale-17 , - 1 kr o,► �, NC :2 05' THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, p�scant to the provisions of N.C. Ge eral Statutes Chapter 121, Article 4 and made this 2Y"p1"'h day of U3 011, by Richard D. Larrabee and wife Thelma A. Larrabee, {"Grantor"), whose mai ing address is 2523 Baptist Road, Durham, NC 27703, 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 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. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143 -214.8 et seg•, the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the 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, 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 Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and Page I of 11 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. This MOA recognized that the Ecosystem Enhancement Program was to provide for compensatory mitigation by effective restoration and protection of the land, water and natural resources of the State; 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' 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 Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8t' day of February 2000; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Oakgrove Township, Durham County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately 12.1434 acres and being conveyed to the Grantor by deed as recorded in Deed Book 318, Page 41, Deed Book 1412, Page 109 of the Durham 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 included areas of the Property 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 Little Lick Creek. 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 along with a general Right of Access. The Easement Area consists of the following: Page 2 of 11 Lot Numbers 1 through 11 and Lot Number 29 containing a total of 12.1434 acres as shown on the plat of survey entitied "Conservation Area for the State of North Carolina Ecosystem Enhancement Program, Little Lick Creek Buffer (Butler Rd.), SPO File No. 032 -BA, Property of Richard D. Larrabee & Thelma A. Larrabee," dated June, 21, 2011 by G.Scott Wilson PLS Number 2601 and recorded in the Durham County, North Carolina Register of Deeds at Plat Book, 188 Page 35. See attached "Exhibit A ", Legal Description of area of the Property hereinafter referred to as the "Easement Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the 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 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, nacluding 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. H. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The 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 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. 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 Easement Area for the purposes thereof. B. Usage of motorized vehicles in the Easement Area is prohibited. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized Page 3 of 11 educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Vegetative Cutting. Except as related to the removal of non - native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the 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 Easement Area. H. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area. 1. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the 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 Easement Area may be allowed. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling; 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 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 Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying Property owned by the Grantor in fee simple ("fee ") that is subject to this Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee and the rights as conveyed herein shall be as a single block of Page 4 of 11 property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Easement Area and are non - transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the 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 N.C. Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699 -1652. III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, receive a perpetual Right of Access to the Easement Area over the Property at reasonable times to undertake any activities to restore, construct, manage, maintain, enhance, and monitor the stream, wetland and any other riparian resources in the Easement Area, in accordance with restoration activities or a long -term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. 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. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features in the 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 Page 5of11 t other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the 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 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 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. V. 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 Page 6ofll 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 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 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. Such notification shall be addressed to: Justin McCorkle, 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. VI. 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 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 Easement Area, and the right of quiet enjoyment of the 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 said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from Page 7 of 11 encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. Grantor: �W� ton-t FOP Richard D. Larrabee Thelma A. Larrabee NORTH CAROLINA COUNTY OF U6 U<,, I, �Famas R Acele -0 V7 , a Notary Public in and for the County and State aforesaid, do hereby certify that Jj0101rpl D . Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the Z`l fA day of Ag ui�- , 20-LL. My commission expires: Ir (a tZ Notary Public Page 8 of 11 NORTH CAROLINA COUNTY OF I, fam,e3 PC �0Vt's 3-9 , a Notary Public in and for the County and State aforesaid, do hereby certify that 'rhelmA 4. to /re bee , Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 2y "la day of , 20 It . d ; Notary Public � =o '0 My commission expires: I i Page 9 of l l EXHIBIT A :DESCRIPTION FOR LOTS 1 & 2 BEGINNING at an existing iron pipe being the northeast corner of Lot 1 of the Mineral Springs Acres Subdivision as referenced in Plat Book 40, Page 78 and recorded in the Durham County Registry; thence S 00 126 °56 "W, 289.11 feet to a point in the northern right -of -way of Butler Road, a 60' public right -of -way; thence with the said Butler Road right -of -way, N 76 °44'45 "W, 357.15 feet to point, a common corner with the Karen Casey property as referenced in Deed Book 1743, Page 802 and recorded in the Durham County Registry; thence leaving the said right -of -way of Butler Road, N 01'58'20"E, 210.17 feet to an existing iron pipe being the northeast corner of the said Karen Casey property and in line with the property of Stonehill Estates Homeowners Association as referenced in Plat Book 137, Page 116 and recorded in the Durham County Registry; thence continuing with the common line with the said Stonehill Estates Homeowners Association property, S 89 °31'39 "E, 342.68 feet to the Point and Place of BEGINNING and containing a total of 1.9822 acres. DESCRIPTION FOR LOTS 3 -11 BEGINNING at the point where the southern right -of -way of Butler Road, a 60 ft, public right - of -way, intersects with the western right -of -way of Mineral Springs Road, NCSR 1815, a 60 ft. public right -of -way; thence with the said right -of -way of Mineral Springs Road, S 14'l 744"W. 72.11 feet to a point; thence S 15 °48'07 "W, 115.15 feet to a point; thence S 15 °48'07 "W, 70.23 feet to a point; thence S 17 °50'52 "W, 109.04 feet to a point; thence S 19 °48'46 "W, 125.78 feet to a point; thence S 20 1137'27 "W, 71.92 feet to a point; thence S 20 °55'56 "W, 141.17 feet to a point; thence S 22 °13'39 "W, 90.06 feet to a point being the northeast corner of Lot 3 of the Durham East Shopping Center as referenced in Plat Book 154, Pagel 93 and recorded in the Durham County Registry; thence leaving the said Mineral Springs right -of -way and with the common line of said Lot 3; N 84 032' 36" W, 172.67 feet to an existing axle; thence N 31006'47"E, 12.74 feet to a point in the centerline of Little Lick Creek; thence with the centerline of Little Lick Creek the following calls: S 77 °10'38 "W, 9.05 feet; N 79 °54'00 "W, 21.51 feet; N 86 016'48 "W, 19.59 feet; S 82 °46'27 "W, 12.48 feet; S 76 °42'47 "W, 11.53 feet; S 83 052'26 "W, 22.53 feet; lV 76 °59'22 "W, 19.01 feet; N 41 °13'58 "W, 16.50 feet; N 62 148;29 "W, 39.42 feet; S 62 °45'18 "W, 35.09 feet; S 01 °48'51 "W, 26.53 feet; N 15 °14'29 "W, 18.50 feet; N 24 015' 18 "W, 26,29 feet; N 32 023'57 "W, 23.29 feet; S 13 °05'48 "W, 23.84 feet; S 38 101'32 "W, 19.49 feet; S 81°$3'33 "W, 21.31 feet; S 40 °01'42 "W, 54.40 feet; S 51 °49'38 "W, 32.19 feet; S 65 °09'04 "W, 20.04 feet; S 75 019'54 "W, 28.89 feet; S 75 °26'22 "W, 19.31 feet; N 74 °32'16 "W, 31.23 feet; S 79 °08'30 "W, 39.68 feet; thence leaving the said centerline of Little Lick Creek and along the common line with the property of Durham Land Associates, LLC as referenced in Plat Book 186, Page 47 and recorded in the Durham County Registry, N 01 °37'06 "W, 17.73 feet to a reference point; thence N 0 1 037'06 "W, 247.04 feet to a point being the southwest corner of Lot 29 of the Mineral Springs Acres Subdivision as referenced in Plat Book 40, Page 78 and recorded in the Durham County Registry; thence with the common line of said Lot 29, N 89 003'42 "E, 188.65 feet to an existing iron pipe in the western right -of -way of said Butler Road; thence S 88 040'47 "E, 60.05 feet to a point in the eastern right -of -way of said Butler Road; thence continuing with the said western right -of -way of Butler Road, N 00056'1 8"W, 750.27 feet Page 10 of 11 to a point in the southern :right -of -way of said Butler Road; thence with the said southern right - of -way of Butler Road, S 89 024'28 "E, 191.69 feet to a point; thence S 76 °44'45 "E, 406.32 feet to the Point and Place of 1EGINNING and containing a total of 9.9436 acres. DESCRIPTION FOR LOT 29 MINERAL SPRINGS ACRES SUBDIVISION BEGINNING at an existing iron pipe in the western right -of -way of Butler Road, a 60 ft. public right -of -way, said pipe being a common corner with Lot 11 as referenced in Plat Book 188, Page 35 and recorded in the Durham County Registry; thence leaving the said right -of -way and with the common line of said Lot 11, S 89 °38'43 "W, 188.65 feet to a point in the common line with the property of Durham Land Associates, LLC as referenced in Deed Book 4277, Page 299 and recorded in the Durham County Registry; thence with the common line of said property of Durham Land Associates, LLC, N 01' 37' 06" W, 50.16 feet to an existing iron pipe, said pipe being the southwest corner of Lot 28 of the Mineral Springs Acres Subdivision as referenced in Plat Book 40, Page 78 and recorded in the Durham County Registry; thence with the common line of said Lot 28, N 89 °38'43 "E, 189.25 feet to a point in the said right -of -way of Butler Road; thence with the said right -of -way of Butler Road, S 00 °21' 17 "E, 50.16 feet to the Point and Place of BEGINNING and containing 0.2176 acres. Page 11 of 11 WILLIE L. COVINGTON REGISTER OF DEEDS, DURHAM COUNTY DURHAM COUNTY COURTHOUSE 200 E. MAIN STREET DURHAM, NC 27701 PLEASE RETAIN YELLOW TRAILER PAGE It is part of recorded document, and must be submitted with original for re- recording and /or cancellation. Filed For Registration: 0911412011104:0718 PM Book: RE 6800 Page: 31 -42 Document No.: 2011027666 DEED -EASE 12 PGS $49.00 Recorder: SHARON M CEARNEL 2011027666 Appendix B. Baseline Information Data NCDWQ Stream Determination NCDWQ Mitigation Viability Letter Final Detailed Mitigation Plan Ecosystem Enhancement Program Appendices Little Lick Creek (EEP Project No. 92542, Contract No. D13010S) NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 27, 2009 DWQ Project # 09 -1140 Wake County Page 1 of 2 Ms. Jessica Kemp N.C. Ecosystem Enhancement Program �� 0 1619 MSC ��Fc .9 Raleigh, NC 27699 -1619 Subject Property: Butler Road Buffer Restoration Site (posed) Durham County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233) Dear Ms. Kemp: OnOctober 23, 2009, at your request Eric Kulz with the DWQ 401 Oversight and Express Review Permitting Unit conducted an on -site determination to review one stream feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The Feature is labeled as "A" on the attached map initialed by Mr. Kulz on January 14, 2008. The Division of Water Quality (DWQ) has determined that the surface water labeled as "A" on the attached maps is at least intermittent beginning at a point at the edge of the woodline, and is Subject to the Neuse Buffer Rule. This on -site determination shall expire five (5) years from the date of this letter. The surface water feature labeled as "B" on the maps is Little Lick Creek, which is a large perennial stream also subject to the Neuse Buffer Rule. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ 401 Oversight /Express Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 -2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this 401 Oversight/Express Review Permitting Unit One L, 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 NOI thCarolin3 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919.733 -17861 FAX: 919 - 733 -6893 Internet: http:// h2o,enr.state.nc.us /ncwetiands/ An Equal Opportunity 1 Affirmative Action Employer Ms. Kemp Butler road Buffer Restoration Site (Proposed) Page 2 of 2 10/27/09 letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call me at (919) 733 -9502. . Sincerely, co��' ��42' Cyndi B. Karoly, Supervisor /J 401 Oversight/Express Review Permits Unit CBK/EWK Enclosures: USGS Topographic Map, NRCS Soil Map cc: Lauren Witherspoon, DWQ Raleigh Regional Office File Copy (Eric Kulz) Central Files Filename: 091140ButlerRoadBufferRestorationSiteNBR AFKWF4 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary October 27, 2009 Ms. Jessica Kemp N.C. Ecosystem Enhancement Program = 1619 MSC Raleigh, NC 27699 -1619 mo Re: Butler Road Buffer Restoration Site (Proposed) Durham County Wo m Dear. Jessica: The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has visited the above - referenced site, which NCEEP is reviewing for a possible buffer restoration site to be used to generate riparian buffer and /or nutrient offset credit within CU 03020201. The site appeared to be an excellent candidate for planting buffers for Neuse riparian buffer credit (to 50 feet from the top of bank) and nutrient offset credits (51 feet to 200 feet). Please provide a copy of the buffer restoration plan for review and approval prior to initiating the project. Once the project is complete, please provide an as -built report/plan showing acreages of buffer and nutrient offset credit generated, as well as copies of monitoring reports so we can track the project within our mitigation tracking system. DWQ appreciates the opportunity to participate in up -front evaluations of potential buffer sites, as technically such sites do not require permits or written concurrence /approval by this office. We look forward to future participation with your program in our joint efforts to produce quality restoration sites to mitigate for jurisdictional impacts and to protect/improve water quality. Please feel free to contact me at (919) 715 -9050 if you have any further assistance. ii 401 Oversil"ht and cc: File Copy (Eric Kulz) Lauren Witherspoon - RRO 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919 - 733 -17861 FAX: 919 - 733 -6893 Internet: http:ll h2o.enr.state.nc.us /ncwetlands/ An Equal Opportunity 1 Affirmative Action Employer if we can be of al Senior Specialist Review Program No thCarolina �atura!!r�