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HomeMy WebLinkAbout20100806 Ver 2_Mitigation Plans_20121217Strickland, Bev From: Kukz,Eho Sent: Tuosday, December 17, 2013 10:24 AM To: Strickland, Bev Subject: FYV: Chatham Mitigation Bank Doos Attachments: 20100800v1 Chatham UMB Instrument markups.pd�2010O800v1 Chatham UMB|nstrumonLpd� 2010O800v2 Stinking Creek Mitigation Plan August 2013.pdf New mitigation bank. Chatham Umbrella Stream and Wetland Bank. UMB| and related documents are 1O4]QO6v1and the Stinking Creek Mitigation Plan is1O-OQO6v2. Eric VV.Ku|z Environmental Senior Specialist 4O1 and Buffer Permitting Unit N[DENR DivisionofVVaterResources — VVaterCWa|ityPermittingSection 1650 MSC E-mail correspondence toondƒrom this address may besubject to the North Carolina Public Records Low and may be disclosed to third parties From: Bob Zarzecki Sent: Tuesday, December 17, 2013 9:19AM To: Kubz,Ehc; Cc: 'Philip Culpepper ; Andrew. E.Williams2(a)usace.army. mil Subject: RE: Chatham Mitigation Bank Eric: Attached are P[]FsQfthe documents. I don't have BRMSWQPd copy Qf the most current MBI. [F0 sending this email to the bank's attorney, Ken Eagle. Eric Kulz with DWR has been tasked to help us finalize the mitigation bank. Can you update the MBI ,?nd change all "Division of Water Quality'and "DWQ" to "Division of Water Resources" and "DWR" respectfully? Also, the signatory for DWR should be listed as "Mr. Tom Reeder, Director N.C. Division of Water Resources". Once you make these changes to the MBI. Can you email the MBI to Eric (copy me) and send over paper copies (maybe 3) of the MBI and mitigation plan (attached)? Eric's contact information and mailing address is below. Best to have it couriered to him to avoid delays with the State's mail P.ervice center. Feel free to contact him if you have any questions. Mr. Eric Kulz From: Kulz, Eric [mailto:eric.kulz(d)ncdenr.aov] Sent: Tuesday, December 17, 2013 8:06 AM To: Bob Zarzecki Subject: Chatham Mitigation Bank Hey Bob: I was over at USACE looking at the file yesterday. We may have something in the RRO, as it looked like Lauren Witherspoon was working on it some. Can you please send over the most updated mitigation plan and instrument? Hard copies would be great, as we don't have the printing capabilities here to print long documents. Also, FYI you will need to revise the instrument to reflect DWR, not DWQ. Tom Reeder will be the signatory. Thanks! Eric W. Kulz Environmental Senior Specialist 401 and Buffer Permitting Unit NCDENR - Division of Water Resources — Water Quality Permitting Section 1650 MSC Raleigh, NC 27699 -1650 Phone: (919) 807 -6476 E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties MITIGATION PLAN STINKING CREEK MITIGATION SITE Chatham Umbrella Stream and Wetland Mitigation Bank Developed Through: PRESERVATION OF STINKING CREEK and ADJACENT WETLANDS and STREAMS Chatham County, North Carolina S &EC Project No. 11248.W3 sale Prepared for Sponsor: CHATHAM PARK INVESTORS LLC 100 Weston Estates Way Cary, NC 27513 Prepared by: SOIL & ENVIRONMENTAL CONSULTANTS, PA 11010 RAVEN RIDGE ROAD RALEIGH, NORTH CAROLINA 27614 August 2013 Stinking Creek Mitigation Site Mitigation Plan EXECUTIVE SUMMARY S &EC Project No. 11248.W3 Revised August 2013 Chatham Park Investors LLC (Sponsor) proposes the establishment of the Stinking Creek stream and wetland mitigation site along Stinking Creek (hereafter the Mitigation Site) located approximately 8 miles southeast of Pittsboro in eastern Chatham County. The Mitigation Site is anticipated to be one of several included in the Chatham Umbrella Stream and Wetland Mitigation Bank (Bank), an umbrella stream and wetland mitigation bank also sponsored by Chatham Park Investors LLC. The Mitigation Site is located in the Haw River portion of the Cape Fear River Basin (USGS 8 -digit Hydrologic Unit 03030002) of the South Atlantic /Gulf Region (NCDWQ Subbasin Number 03- 06 -04). The Mitigation Site encompasses approximately 43 acres of land that includes approximately 10 acres of wetlands, classified as bottomland hardwood forest, riverine swamp forest, and non - tidal freshwater marsh (NCWAMv.5.0). The Mitigation Site currently encompasses approximately 3,457 linear feet of Stinking Creek and 2,878 linear feet of unnamed tributary streams to Stinking Creek. Land uses in the vicinity of these wetlands and streams include US Army Corps of Engineers (USACE) public lands, wildlife corridors, residential, unmanaged forests and adjacent connectivity to Jordan Lake. Protection of the Mitigation Site resources will be accomplished through a conservation easement. This protection will promote the sustainability or improvement of aquatic resources in the Stinking Creek watershed and the downstream Jordan Lake water supply reservoir, a watershed under increasing pressure from development. Further, the watershed is currently underrepresented by private mitigation banks. Wetland and stream functions currently provided include flood attenuation, slow release of water to maintain stream base flow, removal of watershed pathogens, a sink for particulate and soluble matter (including nutrients), aquatic and riparian habitat, and landscape -scale wildlife travel corridors. The primary goal of this mitigation project focuses on removing a threat to and preventing a decline of aquatic resources on a watershed scale by an action in or near those aquatic resources. This goal will be accomplished through the following measures: • Protecting, on a watershed scale, tributaries to the Jordan Lake water supply reservoir from non -point sources of pollution associated with urban service area expansion and development. • Promoting water quality by protecting jurisdictional wetlands adjacent to Stinking Creek and other Mitigation Site streams and tributaries. • Perpetually providing a diverse woody vegetative buffer adjacent to Stinking Creek and other Mitigation Site streams and wetlands, including the prevention of silvicultural practices and cutting of trees within the Mitigation Site. • Promoting floodwater attenuation through a) allowing bankfull stream flows to develop over time and b) protecting vegetation on the Mitigation Site floodplains to increase frictional resistance on floodwaters crossing the Mitigation Site. Page 2 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 • Improving aquatic habitat by promoting stable stream banks, shading open waters, and providing structure within the Mitigation Site. • Providing a wildlife corridor and refuge, and connection to Public Lands currently managed by the NC Wildlife Resources Commission as Game Lands, in an area rapidly expanding with residential and commercial development. • Providing mitigation alternatives for projects requiring such measures in the geographic service area of the Chatham Umbrella Stream and Wetland Mitigation Bank that is currently underrepresented by private mitigation banks. • Providing additional preservation of undeveloped lands on private property abutting Public Lands (USACE Property surrounding Jordan Lake). The Mitigation Site mitigation plan includes 1) preservation of approximately 6,335 linear feet of streams, 2) preservation of approximately 10 acres of jurisdictional wetlands, and 3) establishment of a permanent conservation easement which will encompass all mitigation activities, as well as a minimum 100 -foot undisturbed riparian buffer adjacent to Stinking Creek and 50 -foot undisturbed riparian buffers adjacent to all other streams, ponds, and wetlands. Mitigation options outlined in this report are as follows: After completion, the Mitigation Site will offer 1,267 stream mitigation credits and 2 wetland mitigation credits. Please note that proposed mitigation credits provided in the table above were delineated in the field and accurately mapped for the generation of these quantities. The records search at the Natural Heritage Program revealed that no rare plants or animals have been recorded within the project boundaries. Three federally protected species are listed for Chatham County (USFWS 2008): Red - cockaded Woodpecker (Picoide borealis)(US -E), Cape Fear Shiner (Notropis mekistocholas)(US -E), and Harpella (Ptilimnium nodosum)(US -E). Each of these species is listed as Endangered. Additionally, the bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act, and 11 Federal Species of Concern (FSC) are listed for Chatham County. Several other candidate species included in a recent petition to the US Fish & Wildlife Service may exist on the property. The file search at the State Historic Preservation Office (SHPO) produced no records of structures on property listed on the National Registry (NR), Determination of Eligibility (DOE), Study List (SL), or Locally Designated (LD) lists. The records search at the North Carolina Office of State Archaeology (OSA) revealed no historical archaeological sites, surveys, or artifacts within the Mitigation Site boundary. Page 3 of 23 Proposed Mitigation Proposed Credits Proposed Mitigation Activity Streams Wetlands Stream Wetland Credits (linear feet) (acres) Credits Preservation 6,335 10 1,267 2 After completion, the Mitigation Site will offer 1,267 stream mitigation credits and 2 wetland mitigation credits. Please note that proposed mitigation credits provided in the table above were delineated in the field and accurately mapped for the generation of these quantities. The records search at the Natural Heritage Program revealed that no rare plants or animals have been recorded within the project boundaries. Three federally protected species are listed for Chatham County (USFWS 2008): Red - cockaded Woodpecker (Picoide borealis)(US -E), Cape Fear Shiner (Notropis mekistocholas)(US -E), and Harpella (Ptilimnium nodosum)(US -E). Each of these species is listed as Endangered. Additionally, the bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act, and 11 Federal Species of Concern (FSC) are listed for Chatham County. Several other candidate species included in a recent petition to the US Fish & Wildlife Service may exist on the property. The file search at the State Historic Preservation Office (SHPO) produced no records of structures on property listed on the National Registry (NR), Determination of Eligibility (DOE), Study List (SL), or Locally Designated (LD) lists. The records search at the North Carolina Office of State Archaeology (OSA) revealed no historical archaeological sites, surveys, or artifacts within the Mitigation Site boundary. Page 3 of 23 Stinking Creek Mitigation Site Mitigation Plan TABLE OF CONTENTS S &EC Project No. 11248.W3 Revised August 2013 EXECUTIVESUMMARY ........................................................................................... ..............................2 1.0 INTRODUCTION ................................................................................................... ..............................5 2.0 OBJECTIVES .......................................................................................................... ..............................6 3.0 SITE SELECTION .................................................................................................. ..............................7 4.0 SITE PROTECTION INSTRUMENT .................................................................... ..............................7 5.0 BASELINE INFORMATION ................................................................................. ..............................8 5.1 Physiography, Topography, and Land Use ...................................................... ..............................8 5.2 Jurisdictional Streams and Wetlands .............................................................. ..............................9 5.3 Water Quality ................................................................................................... .............................10 5.4 Vegetation ........................................................................................................ .............................11 5.5 Soils and Land Form ........................................................................................ .............................12 5.6 Federally Protected Species ............................................................................. .............................13 6.0 DETERMINATION OF CREDITS ........................................................................ .............................15 6.1 Credit Determination ....................................................................................... .............................15 6.2 Proposed Credit Release Schedule .................................................................. .............................15 7.0 MITIGATION WORK PLAN ................................................................................ .............................16 7.1 Stream Preservation ......................................................................................... .............................17 7.3 Wetland Preservation ....................................................................................... .............................17 8.0 MAINTENANCE PLAN ........................................................................................ .............................17 9.0 PERFORMANCE STANDARDS .......................................................................... .............................17 10.0 MONITORING REQUIREMENTS ..................................................................... .............................17 11.0 LONG -TERM MANAGEMENT PLAN .............................................................. .............................18 12.0 ADAPTIVE MANAGEMENT PLAN ................................................................. .............................18 13.0 FINANCIAL ASSURANCES .............................................................................. .............................19 14.0 CORPORATE EXPERIENCE ............................................................................. .............................19 15.0 REFERENCES ..................................................................................................... .............................20 15.0 APPENDICES ...................................................................................................... .............................22 LIST OF TABLES Table 1. Existing Stream Characteristics (see Figures 4 for locations) .... ..............................9 Table 2. Stinking Creek Mitigation Site Soils .............................................. .............................13 Table 3. FSC Species Listed for Chatham County ....................................... .............................14 Table 4. Proposed Mitigation Quantities vs. Mitigation Credits .................. .............................15 Table 5. Proposed Credit Release Schedule ................................................. .............................16 LIST OF FIGURES (Appendices) Figure 1. Project Location Figure 2. Hydrologic Unit Map Figure 3. Topography and Drainage Area Figure 4. Existing Conditions Figure 5. NRCS Soil Survey Stinking Creek Mitigation Site Map (Revised 9/14/10) DRAFT Model Conservation Easement (to be completed thru review process) Page 4 of 23 Stinking Creek Mitigation Site Mitigation Plan MITIGATION PLAN S &EC Project No. 11248.W3 Revised August 2013 STINKING CREEK MITIGATION SITE PRESERVATION OF STINKING CREEK and ADJACENT WETLANDS and STREAMS Chatham County, North Carolina 1.0 INTRODUCTION Chatham Park Investors LLC (Sponsor) proposes the establishment of a stream and wetland mitigation project at the Stinking Creek Mitigation Site (Mitigation Site) located approximately 8 miles southeast of Pittsboro in eastern Chatham County (Figures 1 - 5). The Mitigation Site is anticipated to be one of several included in the Chatham Umbrella Stream and Wetland Mitigation Bank (Bank), an umbrella stream and wetland mitigation bank also sponsored by Chatham Park Investors LLC. The Mitigation Site is located in the Haw River portion of the Cape Fear River Basin (USGS 8 -digit Hydrologic Unit 03030002) of the South Atlantic /Gulf Region (NCDWQ Subbasin Number 03- 06 -04). The Bank is expected to offset unavoidable impacts associated with Sponsor projects, such as the proposed development of Chatham Park, located immediate north of the Mitigation Site, and other non - Sponsor projects within the 03030002 hydrologic unit. This document serves as the Draft Mitigation Plan for the Mitigation Site, which encompasses portions of four parcels of land and 43 acres of land. Supporting figures are located in Figures 1 — 5 and Stinking Creek Mitigation Site map. The Mitigation Site generally consists of the area within the floodplain of Stinking Creek (Stream Index No. 16- 39 -(1), Class WS -IV, NSW) and includes a minimum of 100 -foot undisturbed buffers along Stinking Creek and 50 -foot undisturbed buffers on all other jurisdictional streams and wetland areas, and is primarily characterized by mature hardwood forest stands, bottomland hardwood forest, riverine swamp forest, and non -tidal freshwater marsh within floodplains and adjacent side slopes associated with Stinking Creek and various unnamed tributaries. Within the Mitigation Site, approximately 4,470 linear feet of Stinking Creek, 2,878 linear feet of tributary streams and 10 acres of wetlands are proposed for preservation. The proposed Mitigation Site contains two parcels to be protected under a single conservation easement. Mitigation Site streams and wetlands are situated immediately upstream of Jordan Lake and surround USACE Public Lands, resulting in perpetual protection of water quality within the proposed water supply watershed. Directions to the Mitigation Site: ❖ From the City of Raleigh travel south on US Hwy 1 ❖ Travel 23 miles and take exit 79 for Pittsboro/Moncure ❖ Turn right at Moncure Pittsboro Road (SR 1012) ❖ Travel 2.4 miles and turn right at Gum Springs Church Road (SR 1943) ❖ The Mitigation Site entrance is a gated dirt road on the left (north) side of Gum Springs Church Road, shortly after Old Chestnut Crossing Road. Page 5 of 23 Stinking Creek Mitigation Site S &EC Project No. 11248.W3 Mitigation Plan Revised August 2013 ❖ Point near the center of the Mitigation Site Latitude: 35.6693° N, Longitude: 78.1084° W Alternative Route: ❖ From the City of Raleigh travel south on US Hwy 1 to US Hwy 64 West ❖ Travel US Hwy 64 West towards Pittsboro ❖ Turn left on Fox Fire Trace (old US -64) shortly after crossing over Haw River ❖ Turn left on Dee Farrell Road ❖ Turn left on Hanks Chapel Road ❖ Road changes names to Gum Springs Church Road ❖ Travel approximately 6 miles to Mitigation Site entrance on Right (described above). 2.0 OBJECTIVES The primary goals of this stream and wetland mitigation project focus on promoting sustainability and improvement of aquatic resources within the Stinking Creek watershed. Protection of existing aquatic resources (forested wetlands, emergent wetlands, and streams) through a conservation easement is likely to result in net gains in hydrology, water quality, and habitat functions of Mitigation Site streams and wetlands. Primary goals will be accomplished through the following measures: • Protecting, on a watershed scale, tributaries to the Jordan Lake water supply reservoir from non -point sources of pollution associated with urban service area expansion and development. • Promoting water quality by protecting jurisdictional wetlands adjacent to Stinking Creek and other Mitigation Site streams and tributaries. • Perpetually providing a diverse woody vegetative buffer adjacent to Stinking Creek and other Mitigation Site streams and wetlands, including the prevention of silvicultural practices and cutting of trees within the Mitigation Site. • Promoting floodwater attenuation through a) allowing bankfull stream flows to develop over time and b) protecting vegetation on the Mitigation Site floodplains to increase frictional resistance on floodwaters crossing the Mitigation Site. • Improving aquatic habitat by promoting stable stream banks, shading open waters, and providing structure within the Mitigation Site. • Providing a wildlife corridor and refuge, and connection to Public Lands currently managed by the NC Wildlife Resources Commission as Game Lands, in an area rapidly expanding with residential and commercial development. • Providing mitigation alternatives for projects requiring such measures in the geographic service area of the Chatham Umbrella Stream and Wetland Mitigation Bank that is currently underrepresented by private mitigation banks. Page 6 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 • Providing additional preservation of undeveloped lands and waters on private property abutting Public Lands ( USACE Property surrounding Jordan Lake) and waters. These goals will be achieved through the following measures: Providing approximately 1,267 feet of stream mitigation credits (preserving approximately 6,335 linear feet of stream). Providing approximately 2 acres of wetland mitigation credits (preserving approximately 10 acres of jurisdictional wetland). Protecting the Mitigation Site in perpetuity with appropriate legal mechanisms (permanent conservation easement). 3.0 SITE SELECTION Primary considerations for Mitigation Site selection include in -kind mitigation and the potential for protection /improvement of water quality of a water supply reservoir (Jordan Lake) within a portion of North Carolina under developmental pressure. More specifically, considerations include desired aquatic resource functions, hydrological conditions, soil characteristics, aquatic habitat diversity, habitat connectivity, compatibility with adjacent land uses, reasonably foreseeable effects the mitigation project will have on ecologically important aquatic and terrestrial resources, and potential development trends and land use changes. The Stinking Creek watershed has been identified in the `Southwest Shore Conservation Assessment' (October 2008) prepared by the Triangle Land Conservancy (TLC) and The Center for Sustainable Community Design, Institute for the Environment, UNC Chapel Hill as a targeted "conservation area" to protect the riparian area. A copy of this plan can be obtained from the TLC website at; htlp://www.triangletand.org/lands/planning/SWshorer proposed mitigation will result in perpetual protection of wetlands and streams which contribute drinking water for the region. According to the Cape Fear River Basinwide Water Quality Plan (NCDWQ 2005), the population around Pittsboro and the US 151501 corridor is expected to grow by 60,000 people by 2020. The Mitigation Site is located in a developing region of the state; therefore, protection of streams and wetlands are expected to result in immediate water quality benefits in the vicinity of the impact reach. The Mitigation Site is located immediately adjacent (upstream) to USACE owned public lands surrounding Jordan Lake, and Mitigation Site streams and wetlands will drain directly into the water supply reservoir. The B. Everett Jordan Dam and Lake Master Plan Update dated April 2010, classifies these adjacent lands as "Multiple Resource Management ", "Permanent Wildlife" and the Operational Management Plan identifies them as "NC WRC — Permanent ". The protection of the Mitigation Site would provide for a permanent riparian corridor from the western limits of the mitigation site to Jordan Lake with the exception of only two road crossings (Gum Springs Church Road and a Page 7 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 future road), adding almost a mile more of protected riparian corridor to the existing public lands. A copy of the updated Master Plan can be obtained from the USACE Jordan Lake website at; http: / /www.saw.usace.army.mit /JORDAN / jordan lake master plan update.htm The Mitigation Site supports similar aquatic resources (bottomland hardwood forest, riverine swamp forest, and non -tidal freshwater marsh) to aquatic systems in this portion of the State. 4.0 SITE PROTECTION INSTRUMENT The Sponsor will protect this Mitigation Site by a conservation easement ( "Conservation Instrument ") approved by USACE. The conservation easement shall be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of natural resources within the Mitigation Site, consistent with this Mitigation Plan. The Sponsor has provided the conservation easement to the USACE for written approval. Upon the approval of a conservation easement by USACE, the Sponsor or other initial grantee shall record the conservation easement in the Office of the Register of Deeds of Chatham County, NC. The Sponsor shall provide a copy of the recorded conservation easement, showing book and page numbers of the recorded location, to USACE. After recording the conservation easement, the County or other initial grantee may, with the approval of USACE, convey the Mitigation Site property either in fee or by granting an easement to a qualified land trust, state agency, or other appropriate nonprofit organization. The terms and conditions of this conveyance shall not conflict with the intent and provisions of the conservation easement nor shall such conveyance enlarge or modify the uses specified in the conservation easement. 5.0 BASELINE INFORMATION Mitigation Site aquatic resources are similar to those found within the proposed Chatham Park assemblage. Surrounding lands support primarily hardwood forests and some scattered rural development. Floodplains adjacent to streams support forested wetlands, emergent wetlands, and some open water. And, in some cases, streams drown into beaver impoundments. Forested wetlands include some headwater forest, bottomland hardwood forest, and non -tidal freshwater marsh. This wetland complex provides hydrology functions such as runoff and flow - velocity reduction, energy dissipation, maintenance of stream baseflow, and groundwater recharge and discharge. Water quality functions include sediment retention, toxicant and nutrient reduction and transformation, and bacterial and viral reduction of watershed runoff. Habitat functions include a complexity of physical structures, dispersion of open waters within vegetated wetlands, a reduction of habitat fragmentation, and travel corridors. 5.1 PHYSIOGRAPHY, TOPOGRAPHY, AND LAND USE The Mitigation Site is located in the Carolina Slate Belt (45c) ecoregion of North Carolina within USGS HUC 03030002 (North Carolina Division of Water Quality [NCDWQ] Subbasin Number 03- 06 -04) of the Cape Fear River Basin. Regional Page 8 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 physiography is characterized by lands typical within the Carolina Slate Belt. Typical landforms include hills and linear ridges, and trellised drainage patterns. Streams tend to dry up and water yields to wells are low. Streams are low to moderate gradient with mostly cobble, gravel and sandy substrates (Griffith et al. 2002). Elevations within Mitigation Site range from a high of approximately 270 feet National Geodetic Vertical Datum (NGVD) on slopes adjacent to unnamed tributaries to a low of approximately 249 feet NGVD at the lowest point of the Mitigation Site. Topography within the Stinking Creek watershed and Mitigation Site is depicted on Figure 3. The Mitigation Site provides water quality functions to a 4.65- square mile watershed at the point where Stinking Creek leaves the Mitigation Site (Figure 3). The Mitigation Site abuts and discharges directly into USACE Public Lands and Jordan Lake (Figure 4 and Stinking Creek Mitigation Site map). The watershed is dominated by forested land and sparse rural development. Impervious surfaces account for less than 5 percent of the upstream watershed land surface (Figure 4). Surrounding area land use is primarily vacant forested lands and sparse rural residential development. The rural residential development adjacent to the southeast portion of the Mitigation Site is called Chestnut Crossing and includes large single family residential lots of almost 2 acres to over 3 acres in size. On -site land use is characterized by forested lands and managed timber lands (Figure 4). Riparian zones and wetland areas are primarily composed of mature hardwood forest. Hardwood forest is characterized by oaks (Quercus spp.), hickories (Cary spp.), sycamores (Platanus occidentalis), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), and green ash (Fraxinus pennsylvanica). Forested areas appear relatively intact, with some managed timber tracts along the southwestern portion of the Mitigation Site cut within the last 10 years. The beaver impoundment marsh areas in the southwestern portion of the Mitigation Site are dominated by emergent vegetation with lesser amounts of shrubs and trees. 5.2 JURISDICTIONAL STREAMS AND WETLANDS The main hydrologic features of the Mitigation Site include Stinking Creek, unnamed tributary streams, associated floodplains and wetland areas. Stinking Creek is a third order stream within the Mitigation Site and drainages an approximately 4.65- square mile watershed (Figure 3). The unnamed tributaries tend to be characterized by stable banks and a generally wide, undisturbed forested buffer. Stinking Creek within the Mitigation Site may be generally characterized as riverine and upper perennial with unconsolidated bottoms consisting of sand, gravel and coble. Tributary streams within the Mitigation Site may generally be characterized as riverine and upper perennial with streambeds consisting of gravel, sand and mud. Streams are surrounded by a mixture of mature riparian vegetation and marsh and remain relatively stable, despite silvicultural and development pressures. The Mitigation Site currently encompasses approximately 6,335 linear feet of stream channel that are proposed for preservation, including Stinking Creek and unnamed Page 9 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 tributaries; characteristics of each are included below (Table 1 and Figures 4). Table 1. Existing Stream Characteristics (see Figures 4 for locations) Stream Approximate USGS USGS Stream In -Field Stream Reach Stream Length Stream Classification Classification (linear feet) Order Stinking 3,457 third perennial perennial Creek Unnamed 2,878 first not shown intennittent / Tributary perennial Streams Total 6,335 Stinking Creek is depicted as perennial on the USGS 7.5- minute topographic quadrangle. Unnamed tributary streams (UTs) are not shown on the USGS topo map. However, site inspection classified the streams as at least intermittent. The UTs are also depicted on the USDA Soil Survey map. Jurisdictional wetlands located on the Mitigation Site have been verified by the USACE and are defined by the presence of three criteria: hydrophytic vegetation, hydric soils, and evidence of wetland hydrology during the growing season (Environmental Laboratory 1987). Portions of the Mitigation Site supporting jurisdictional wetlands are characterized by temporarily to seasonally inundated, palustrine, forested wetlands (NCWAM Classification = bottomland hardwood forest); and semi - permanently flooded, palustrine, emergent wetlands (NCWAM Classification = non -tidal freshwater marsh). Hydric soils were found to exist within all jurisdictional wetland areas. Vegetative communities are composed of various strata, including canopy, relatively open understory, and herbaceous groundcover. Groundwater springs contribute hydrology to these areas, although the dominant hydrological influence is surface flow, overbank flooding and beaver -dam impoundment activity. Other semi - seasonally inundated floodplain areas exist within the Mitigation Site but were determined not to be jurisdictional wetlands by the USACE due to their lack of hydric soils, primarily due to their lack of a depleted matrix (Hydric Soil Indicator 173) and /or insufficient redoximorphic concentrations (Hydric Soil Indicator F8). While these areas do not meet the criteria to be determined jurisdictional wetlands and have not been accounted for as such in mitigation calculations provided within this plan, they continue to provide significant functions similar to jurisdictional wetlands and will hold the same protections as the jurisdictional wetland areas within the Mitigation Site. Also, small, scattered jurisdictional wetland areas exist within the Mitigation Site which were not "teased- out ", delineated due to their small size and are not requested for preservation credits within this mitigation plan, but will receive protection within the Mitigation Site. According to the Cowardin classification (Cowardin et al. 1979), jurisdictional wetlands located within the Mitigation Site along unnamed tributaries and along the northern Page 10 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 portion of Stinking Creek may be generally characterized as palustrine, forested, broad - leaved deciduous systems that are saturated, temporarily flooded, or seasonally flooded. Jurisdictional wetlands located along southern portion of Stinking Creek and the Mitigation Site are primarily the result of beaver -dam impoundment activities and may be generally classified as palustrine, forested, broad - leaved deciduous systems that are semi - permanently to permanently flooded. The Mitigation Site encompasses approximately 10 acres of wetlands. The approximate locations of jurisdictional wetland areas within the Mitigation Site are depicted on Figure 4 and the Stinking Creek Mitigation Site map. Existing Buffer Requirements — If the Mitigation Site is not accepted, it is the intention of the property owner to include it within the adjacent proposed development which will be within the Town of Pittsboro's jurisdiction. At the time this Mitigation Plan process was initiated with the USACE, the owner confirmed with David Monroe of the Town of Pittsboro that only water supply buffers would apply and that at this time only the "low density option" would exist for the development requiring a 30 -foot buffer on all intermittent and perennial streams. The Town measures their 30 -foot buffer as a total width centered on the center of the stream essentially resulting in only 15 -feet either side of the stream. This Mitigation Plan would apply at least 50 and 100 foot buffers more than double those required by the Town. Also, the Town buffers are essentially setbacks and are not required to be "undisturbed" as proposed in this mitigation plan. The Town of Pittsboro received approval from the NC Environmental Management Commission for their required ordinance `Riparian Buffer Protection Ordinance for Lands within the Jordan Watershed'. This new ordinance requires 50 foot buffers on streams (perennial and intermittent). However, the ordinance allows for uses within the buffer and clearing of vegetation within the outer 20 feet. This Mitigation Plan would apply 100 foot buffers on all perennial streams (twice that required under this new Town ordinance) and 50 foot buffers on all intermittent streams. In addition, the buffers proposed in this Mitigation Plan are "undisturbed" buffers and don't allow for "uses" or clearing, otherwise allowed by the Town's buffers. The Town does not require buffers on wetlands. This Mitigation Plan would apply at least 50 -foot undisturbed buffers on wetlands. Also, it should be noted that if approved this Mitigation Plan would protect the entire Mitigation Site, essentially applying buffers on Stinking Creek (for example) of over 200 feet in many locations, with an average buffer width around 150 feet. 5.3 WATER QUALITY The Mitigation Site is located in the Haw River portion of the Cape Fear River Basin (USGS 8 -digit Hydrologic Unit 03030002) of the South Atlantic /Gulf Region (NCDWQ Subbasin Number 03- 06 -04). Stinking Creek has been assigned Stream Index Number 16- 39 -(1) and a Best Usage Classification of WS -IV, NSW (NCDWQ 2010). Streams with a designation of WS -IV are protected as water supplies which are generally in moderately to highly developed watersheds. Local programs to control nonpoint sources and stormwater discharges of pollution are required. These waters are suitable for all Page 11 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 Class C uses including aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Secondary recreation includes wading, boating, and other uses not involving human body contact with waters on an organized or frequent basis. The designation NSW (Nutrient Sensitive Waters) includes areas with water quality problems associated with excessive plant growth resulting from nutrient enrichment. The designation CA (Critical Area) includes areas that are adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extend one -half (1/2) mile from the normal pool elevation of the reservoir in which the intake is located or to the ridgeline of the watershed (whichever comes first). NCDWQ has assembled a list of impaired waterbodies according to the Clean Water Act Section 303(4) and 40 CFR 130.7, which is a comprehensive public accounting of all impaired waterbodies. An impaired waterbody is one that does not meet water quality standards including designated uses, numeric and narrative criteria, and anti - degradation requirements defined in 40 CFR 131. Stinking Creek is not listed on the NCDWQ Draft 2008 303(4) list ( NCDWQ 2010). 5.4 VEGETATION The Mitigation Site contains a number of stream systems ranging from ephemeral to perennial; the largest of these is Stinking Creek. Smaller riparian and emergent wetlands are located in the floodplain of these creeks and along the margins of some small streams. Piedmont Bottomland forests (Schafale and Weakley 1990) occur in the stream floodplains adjacent to Stinking Creek and larger tributary streams. These are seasonally or intermittently flooded forest systems. Field surveys revealed that examples of these forests on -site consist of a mainly open understory or shrub layer. The canopy consists of a mixture of bottomland and mesophytic trees including but not restricted to Black Gum (Betula nigra), Ash (Fraxinus spp.), Sweet Gum (Liquidambar styraciflua), Sycamore (Platanus occidentalis), Tulip Tree (Liriodendron tulipifera), American Elm (Ulmus americana), Southern Hackberry (Celtic laevigata), Shagbark Hickory (Carya ovata), Red Oak (Quercus rubra), Eastern Red Cedar (Jumperus virginiana) and Red Maple (Acer rubrum). Shrubs include, but are not restricted to Spicebush (Lindera henzoin), Olive (Elaeagnus spp.), Buckeye (Aesculus spp.), Privet (Ligustrum sinense), and Dogwood (Corpus florida). The herb layer consists mainly of Christmas Fern (Polystichum acrostichoides) and Sedges (Carex spp.). Species include but are not restricted to: Jewelweed (Impatiens capensis), Baby Blue Eyes (Nemophila aphylla), Poison Ivy (Toxicodendron radicans), Purple Deadnettle (Lamium purpureum), Wild Ginger (Asarum and Hexastylis spp.), Star Chickweed (Stellaria pubera), Bedstraw (Galium spp.), Cane (Arundinaria spp.), and Virginia Creeper (Parthenocissus virginiana). Dry -mesic oak - hickory forests (Schafale and Weakley 1990) occur at higher elevations on property. Field surveys revealed that these forests are dominated by a mixture of oaks, hickories, and other hardwoods. The canopy consists of mesophytic trees including Page 12 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 but not restricted to Sweet Gum, Sourwood (Oxydendrum arboreum), Tulip Tree, Shagbark Hickory, Red Oak, White Oak (Quercus alba), Beech (Fagus grandifolia), Eastern Red Cedar and Red Maple. Shrubs include but are not restricted to Olives, Privet, and Dogwood. The herb layer consists mainly of Christmas Fern and Honeysuckle (Lonicera japonica). Other species include but are not restricted to: Poison Ivy, Purple Deadnettle, Wild Ginger, and Virginia Creeper. Beech Bluffs are found in several areas on the Mitigation Site, usually above floodplains of larger streams. Loblolly Pine Plantations and Dominant Pine Forests are found in several areas of the Mitigation Site. Field surveys revealed that these forests consist mainly of Loblolly Pines ( Pinus taeda) with an understory of Sweet Gum, Tulip Poplar, Red Maple, Winged Elm (Ulmus alata), and Dogwood. These forest stands vary in age and density. Fields and other Managed Herbaceous areas are located on the southwestern edge of the Mitigation Site. These areas include power line cuts, lawns, and pastures. Grasses are the main herbaceous component, with sparse large hardwood trees in some locations. Blackberry (Rubus sp.), Winged Sumac (Rhus copallinum), young Sweet Gum, and Broomsedge (Andropogon virginicus) are common. Floodplain Pools are located along Stinking Creek and in scattered other areas of the Mitigation Site. These fish -free pools are generally dry for part of the year and serve as breeding areas for frogs, toads, and salamanders. Cut Forests dominated by young hardwood are found in the southern and western portions of the Mitigation Site. Field surveys revealed that these forests are between 5 and 15 years in age. These forests consist mainly of Eastern Baccharis (Baccharis halimifolia), Winged Elm, Olives, and Sweet Gum. The shrub and herbaceous layers are dominated by Broomsedge and Blackberry, with Trumpet Honeysuckle (Lonicera sempervirens) and Rushes (Juncus spp.) in some areas. Black Walnut Stands are small and scattered within the Mitigation Site in areas of previous habitation. These stands consist of mature Black Walnut (Juglans nigra) trees usually accompanied by Japanese Stilt Grass (Microstegium vimineum), Daffodils (Narcissus sp.), Wisteria (Wisteria sp.), and Ebony Spleenwort (Asplenium platyneuron). A Mesic Mixed Pine - Hardwood Forest is also located within the Mitigation Site. Field surveys revealed that these forests consist of Loblolly Pine, Sweet Gum, Sourwood, Tulip Tree, Shagbark Hickory, and Red Oak. Invasive species that exist within the Mitigation Site include autumn olive (Elaeagnus umbellata), Chinese privet (Ligustrum sinense), and Japanese stilt -grass (Microstegium viminium). These species are the dominant understory species in portions of the Mitigation Site. These species also exist within the abutting public lands around Jordan Lake and private lands surrounding the Mitigation Site. Page 13 of 23 Stinking Creek Mitigation Site Mitigation Plan 5.5 SOILS AND LAND FORM S &EC Project No. 11248.W3 Revised August 2013 According to the Chatham County Soil Survey map (NRCS 2006), soil series located within the Mitigation Site boundary predominately include Chewacla (Fluvaquentic Dystrudepts) and Wehadkee (Fluvaquentic Endoaquepts). Other soil series include: Badin (Typic Hapludults), Cid (Aquic Hapludults), Lignum (Aquic Hapludults), Mattaponi (Oxyaquic Hapludults), Nanford (Typic Kanhapludults), and Peawick (Aquic Hapludults). Characteristics of these soil series from the USDA Soil Series Descriptions are detailed below. Soils that occur within Mitigation Site are depicted on Figure 5 and described in Table 2. Table 2. Stinking Creek Mitigation Site Soils Map Unit Map Unit Hydric Symbol Name Status Description ChA Chewacla- Hydric This series consists of poorly drained, moderately high to Wehadkee highly penneable soils on floodplains and is frequently sandy loam flooded. Slopes are generally between 0 and 2 percent. Depth to the seasonal high water table is 0 to 24 inches. Bedrock occurs at a depth of more than 80 inches. CmB Cid - Liqnum silt Hydric This series consists of moderately well drained, very low to loam moderately high penneable soils of depressions floodplains. Slopes are generally between 0 and 3 percent. Depth to seasonal high water table occurs between 6 and 18 inches. Bedrock occurs at a depth of 20 to 60 inches. MdC Mattaponi- Non - hydric This series consists of moderately to well- drained soils of high Peawick stream terraces with very low to moderately low penneability. complex Slopes are generally between 8 and 15 percent. Depth to the seasonal high water table is between 3 and 6 feet. Bedrock occurs at a depth of more than 60 inches. NaD Nanford -Badin Non - hydric This series consists of well drained soils on ridges and side complex slopes that have moderate penneability. Slopes are generally between 10 and 15 percent. Depth to the seasonal high water table is greater than 6 feet. Bedrock occurs at a depth of between 20 and 60 inches. PcA Peawick fine Non - hydric This series consists of moderately well drained soils on low sandy loam stream terraces that have very low penneability. Slopes are generally between 0 and 2 percent. Depth to seasonal high water table is between 1.5 and 3 feet. Bedrock occurs at a depth of more than 60 inches. 5.6 FEDERALLY PROTECTED SPECIES Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531 et seq.). Three species are federally listed for Chatham County by the U.S. Fish and Wildlife Service (USFWS) (USFWS 2008): Cape Fear Shiner (Notropis mekistocholas) [NC -E; US -E], Red - cockaded woodpecker (Picoides borealis) [NC -E; US -E], and Harperella (Ptilimnium nodosum) [NC -E; US -E]. Additionally, the Bald Eagle (Haliaeetus leucocephalus) [NC -T] is protected by the Bald and Golden Page 14 of 23 Stinking Creek Mitigation Site Mitigation Plan Eagle Protection Act. S &EC Project No. 11248.W3 Revised August 2013 In addition to the Bald Eagle and E, T, and P species, the USFWS list includes a category of species designated as "Federal Species of Concern" (FSC). A species with this designation is one that may or may not be listed in the future (formerly C2 candidate species or species under consideration for listing for which there is insufficient information to support listing). The FSC designation provides no federal protection under the ESA for the species listed; however, North Carolina Wildlife Resources Commission (NCWRC) provides protection for State Listed Species — Endangered, Threatened and Special Concern (E, T and SC respectively) pursuant to NC General Statutes Chapter 113, § 332. Further, species designated by the NC Natural Heritage Program as Significantly Rare (SR) are "any species which has not been listed by the NC Wildlife Resources Commission as an Endangered, Threatened, or Special Concern species, but which exists in the state in small numbers and has been determined by the NC Natural Heritage Program to need monitoring" (Le Grand et. al. 2006). The FSC species listed on the current USFWS list and NC -SC, SR, E and T species as documented by the Natural Heritage Program are presented in Table 3. Table 3. FSC and NC -SC, SR, E and T Species Listed for Chatham County Common Name Scientific name Classification Yellow Lampmussel Lampsilis cariosa NC -E; US -FSC Notched Rainbow Villosa constricta NC -SC Carolina Creekshell Vilosa vaughaniana NC -E; US -FSC Brook Floater Alasmidonta varicosa NC -E; US -FSC Atlantic Pigtoe Fusconaia masoni NC -E; US -FSC Four -toed Salamander Hemidactylium scutatum NC -SC Eastern Isopyrum Enemion biternatum NC -SR -P Veined Skullcap Scutellaria nervosa NC -SR -P Virginia Quillwort Isoetes virginica NC -SR -L; US -FSC James' Sedge Carex jamesii NC -SR -P Septima's Clubtail Gomphus septima NC -SR; US -FSC Large Witch Alder Fothergilla major NC -SR -T Sweet Pinesap Monotropsis odorata NC -SR -T; US -FSC Buttercup Phacelia Phacelia covillei NC -SR -T; US -FSC Carolina Ladle Crayfish Cambarus davidi NC -SR Carolina Redhorse Moxostoma sp. 3 NC -SR; US -FSC There was no potential or suitable habitat for the Cape Fear Shiner, Red - cockaded Woodpecker or Harperella found on the Stinking Creek Mitigation Site. Suitable habitat for Bald Eagle nesting also does not exist on the Mitigation Site. Of the remaining FSC; NC- SR/E /T species, the Mitigation Site appears to support suitable habitat only for the Buttercup Phacelia, Sweet Pinesap, Four -toed Salamander, the Veined Skullcap, Large Witch Alder and the Carolina Ladle Crayfish. Page 15 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 An extensive survey was performed by S &EC staff between February and April 2008 to determine the presence of Buttercup Phacelia and Sweet Pinesap species within the Mitigation Site. Aerial photos, topographical maps, and GPS were used to focus the search in areas that would most likely harbor this species. At least two and up to six individuals walked parallel transects approximately 10 meters apart to look for the plants. Both visual and olfactory methods were used during the search. During the survey for Sweet Pinesap, no specimens were found. Visual encounter surveys located several old, dry fruiting stalks of a similar plant, Pinesap (Hypopitys monotropa), in several locations on -site. This plant is uncommon, and is sometimes found in association with Sweet Pinesap (NCNHP 2008). During the survey for Buttercup Phacelia, no specimens were found. Several specimens of a morphologically similar species, Yellow Fumewort (Corydalis flavula) were seen on -site. Yellow Fumewort differs from Buttercup Phacelia in the dissection of its leaves and the color of its flowers. Further investigation during the species optimal survey window is recommended for the Four -toed Salamander, Veined Skullcap, Large Witch Alder and the Carolina Ladle Crayfish. In April 2010, the Center for Biological Diversity and six other non - profit groups filed a petition to the US FWS to add 404 southeastern aquatic species to the endangered species list. While these species are currently not listed this petition is one of the first steps to begin the evaluation process. S &EC has reviewed the species identified within North Carolina and has compared the list to the NC NHP element occurrences list for Chatham County. Potential species that may exist within the Mitigation Site, but not identified at the site, include; Septima's clubtail (Gomphus septima), bog spicebush (Lindera subcoriacea), robust redhorse (Moxostoma robustum), brook floater (Alasmidonta varicosa), Atlantic pigtoe (Fusconaia masoni), and Savannah lilliput (Toxoplasma pullus). A copy of the petition can be obtained at the following website; http:// www. biologicaldiversity .org/programs /biodiversit. /_species /the southeast fre shwater extinction crisis /pdfs /SE Petition.pdf. 6.0 DETERMINATION OF CREDITS 6.1 CREDIT DETERMINATION The Mitigation Site encompasses Stinking Creek, various unnamed tributaries to Stinking Creek, and associated adjacent jurisdictional wetlands. Generally, Mitigation Site stream reaches and wetlands are relatively undisturbed; therefore, the mitigation options outlined in this report are as follows. Table 4. Proposed Miti ation Quantities vs. Mitigation Credits Page 16 of 23 Proposed Mitigation Proposed Credits Proposed Mitigation Activity Streams Wetlands Stream Wetland Credits (linear feet) (acres) Credits Preservation 6,335 10 1,267 2 Page 16 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 After completion, the Mitigation Site will offer (at a 5:1 ratio for preservation) 1,267 stream mitigation credits and 2 wetland mitigation credits. Please note that proposed mitigation credits provided in the table above were delineated in the field and accurately mapped for the generation of these quantities. Existing Buffer Requirements — If the Mitigation Site is not accepted, it is the intention of the property owner to include it within the adjacent proposed development which will be within the Town of Pittsboro's jurisdiction. At the time this Mitigation Plan process was initiated with the USACE, the owner confirmed with David Monroe of the Town of Pittsboro that only water supply buffers would apply and that at this time only the "low density option" would exist for the development requiring a 30 -foot buffer on all intermittent and perennial streams. The Town measures their 30 -foot buffer as a total width centered on the center of the stream essentially resulting in only 15 -feet either side of the stream. This Mitigation Plan would apply at least 50 and 100 foot buffers more than double those required by the Town. Also, the Town buffers are essentially setbacks and are not required to be "undisturbed" as proposed in this mitigation plan. Recently, the Town of Pittsboro received approval from the NC Environmental Management Commission for their required ordinance `Riparian Buffer Protection Ordinance for Lands within the Jordan Watershed'. This new ordinance requires 50 foot buffers on streams (perennial and intermittent). However, the ordinance allows for uses within the buffer and clearing of vegetation within the outer 20 feet. This Mitigation Plan would apply 100 foot buffers on all perennial streams (twice that required under this new Town ordinance) and 50 foot buffers on all intermittent streams. However, the buffers proposed in this Mitigation Plan are "undisturbed" buffers and don't allow for "uses" or clearing. The Town does not require buffers on wetlands. This Mitigation Plan would apply at least 50 -foot undisturbed buffers on wetlands. Also, it should be noted that if approved this Mitigation Plan would protect the entire Mitigation Site, essentially applying buffers on Stinking Creek (for example) of over 200 feet in many locations, with an average buffer width around 150 feet. 6.2 PROPOSED CREDIT RELEASE SCHEDULE A credit release scenario is proposed that complies with interagency guidelines. Under this scenario, the credit release schedule is based upon satisfactory completion of project milestones. Proposed project milestones and percent of credit released are presented in the following table. Page 17 of 23 Stinking Creek Mitigation Site Mitigation Plan Table 5. Proposed Credit Release Schedule S &EC Project No. 11248.W3 Revised August 2013 Task Completion Verification Percent of Credit Release Preconstruction 1. Execution of MBI by the Sponsor, USAGE, and other 100 agencies eligible for membership in the Interagency Review Team who choose to execute the agreement 2. Approval of the final mitigation plan 3. Delivery of financial assurances 4. Recordation of the preservation mechanism, as well as the title opinion covering the property that is acceptable to the USACE Preservation is not expected to require annual monitoring of stream, wetland, or vegetative parameters; therefore, the majority of credit may be released after the execution and verification of items 1 through 4 described in Table 5 above. 7.0 MITIGATION WORK PLAN The primary goals of this mitigation plan include 1) protecting a watershed draining to the proposed reservoir from nonpoint sources of pollution associated with urban services area expansion and development, 2) promoting water quality by protecting jurisdictional wetlands adjacent to Mitigation Site streams and tributaries, 3) perpetually providing a diverse woody vegetative buffer adjacent to Mitigation Site streams, ponds, and wetlands, 4) promoting floodwater attenuation by protecting vegetation on Mitigation Site floodplains to increase frictional resistance on floodwaters crossing the Mitigation Site, 5) improving aquatic habitat by promoting stable stream banks, shading open waters, and providing structure within the Mitigation Site, 6) providing a wildlife corridor and refuge in an area rapidly expanding with residential and commercial development, 7) establishing a permanent conservation easement which will encompass all mitigation activities and 8) providing mitigation alternatives for projects requiring such measures in the geographic service area of the Bank that is currently underrepresented by private mitigation. Primary activities include stream and wetland preservation. The mitigation concept as outlined in Figure 4 and Stinking Creek Mitigation Site map is expected to achieve the following: Providing approximately 1,267 stream mitigation credits (preserving approximately 6,335 linear feet of stream). Providing approximately 2 wetland mitigation credits (preserving approximately 10 acres of jurisdictional wetland). Protecting the Mitigation Site in perpetuity with appropriate legal mechanisms (permanent conservation easement). Page 18 of 23 Stinking Creek Mitigation Site Mitigation Plan 7.1 STREAM PRESERVATION S &EC Project No. 11248.W3 Revised August 2013 Stream preservation is being proposed on approximately 3,457 linear feet along Stinking Creek and approximately 2,878 linear feet along various unnamed tributaries to Stinking Creek (Figures 4 and Stinking Creek Mitigation Plan map). Based on preliminary analysis and field investigations, Mitigation Site streams are relatively stable due to a lack of human - induced impact and a well - developed riparian buffer. Preservation areas will be protected in perpetuity through the establishment of a conservation easement including a minimum 100 -foot wooded buffer adjacent to the banks of Stinking Creek and a 50 -foot wooded buffer adjacent to all other stream banks. Preservation of the existing stream resources will remove a threat to or prevent the decline of functions such as maintenance of baseflow, floodflow attenuation in adjacent floodplains, energy dissipation during flood events, and in- stream and streamside habitat. 7.2 WETLAND PRESERVATION Wetland preservation is being proposed on approximately 10 acres within floodplains adjacent to Mitigation Site stream reaches (Figures 4 and Stinking Creek Mitigation Site map). Based on preliminary analysis and field investigations, wetlands occur as two general types: forested wetlands and wetlands dominated by emergent vegetation. Forested wetlands are characterized by mature forest vegetation and undisturbed hydric soils, and are subject to jurisdictional wetland hydrology. Emergent wetlands are characterized by a prevalence of emergent herbs with scattered trees and shrubs, hydric soils receiving sediment from upstream sources, and semi - permanent inundation. Preservation areas will be protected in perpetuity through the establishment of a conservation easement, including a minimum 50 -foot forested buffer adjacent to jurisdictional wetland margins. Preservation of existing wetland resources will remove a threat to or prevent the decline of functions such as surface and sub - surface storage and retention; will maintain the system's ability to remove pathogens, soluble chemicals (including nutrients), and particulates from the water column; and will provide physical structure for habitat and landscape patch structure for wildlife. 8.0 MAINTENANCE PLAN Mitigation Site wetland and stream functions will be protected from anthropogenic disturbance through restrictive land uses outlined in a permanent conservation easement. 9.0 PERFORMANCE STANDARDS Preservation- related portions of the project will be deemed successful if photo documentation and post project walkthroughs of the Mitigation Site indicate an undisturbed riparian community, healthy jurisdictional wetland community, and functioning stream channels. Once the project has been deemed successful by the IRT, Mitigation Site wetland and stream functions will be protected through restrictive land uses outlined in permanent conservation easements. 10.0 MONITORING REQUIREMENTS Based on interagency guidance (Stream Mitigation Guidelines [USACE et al. 2003]), Page 19 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 preservation -based monitoring is primarily administrative; therefore, a 5 -year monitoring plan for the majority of the Mitigation Site is not required. However, reference photos will be taken annually and provided to document the status of aquatic resources, including streams, wetlands, and riparian zones. Photos will adequately document the Mitigation Site and will include a detailed description of the locations at which the photos were taken. 11.0 LONG -TERM MANAGEMENT PLAN The Sponsor currently owns all lands proposed within the Mitigation Site. The Sponsor will deliver a title opinion acceptable to the IRT covering the mitigation sites. The mitigation sites will be free and clear of any encumbrances that would conflict with its use as mitigation, including, but not limited to, any liens that have priority over the recorded preservation mechanism. The Sponsor, with oversight from the grantee (County), will provide for the long -term preservation and management of the mitigation sites in compliance with the recorded conservation easement. The Sponsor will maintain the mitigation site and enforce the terms of the conservation easement until such obligations are transferred to a land management entity approved by the IRT. 12.0 ADAPTIVE MANAGEMENT PLAN The Mitigation Site will be visited at least annually for a check of the status of aquatic resources. Likely challenges are limited, but may include a loss of vegetation structure due to natural or man -made causes, a growing presence of invasive species, or some type of contaminated spill upstream of the Mitigation Site. In the event that unforeseen changes occur that affect the management or performance standards of the Mitigation Site, the holder of the easements will work with the IRT to determine appropriate measures to rectify deficiencies in the Mitigation Site in order to provide targeted aquatic functions. 13.0 FINANCIAL ASSURANCES This mitigation site is for preservation and as per the approved MBI, no financial assurance shall be required. 14.0 CORPORATE EXPERIENCE Mitigation proposed for the Mitigation Site will involve the maintenance and protection of aquatic resources existing within the proposed Mitigation Site in perpetuity. The Mitigation Site is proposed for use toward the Sponsor's development projects (e.g., Chatham Park) and other non - Sponsor projects within the GSA. Mitigation credits provided by the Mitigation Site will be used for projects performed under the supervision or direction of the Sponsor, except for the non - Sponsor projects within the GSA. If possible and practicable, the Mitigation Site may also be available for use by other entities for projects located within the GSA. Page 20 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 The Sponsor will maintain contracts with experienced mitigation providers to establish the conservation easement and long -term management of the mitigation site, including Mr. Kenneth Eagle (attorney), and Soil and Environmental Consultants, PA (S &EC). S &EC is a consulting firm that is assisting the Sponsor and the U.S. Army Corps of Engineers with the preparation of jurisdictional determinations and compliance with Section 404 of the Clean Water Act for future anticipated impacts to jurisdictional waters and wetlands associated with the development of Chatham Park. Founded in 1989, the S &EC has completed numerous jurisdictional determinations, Nationwide Permit verifications, Individual Permit approvals, Environmental Assessment (EA) for a thousands of projects, including mitigation sites. S &EC is also assisting the Sponsor with the field investigation and evaluation of other potential mitigation sites to include in the Chatham Umbrella Stream and Wetland Mitigation Bank. S &EC staff is experienced with coordination among North Carolina natural resource agencies over a wide range of environmental issues ranging from jurisdictional area identification and delineations, jurisdictional area functional assessments, protected species, mitigation site assessments, mitigation site conceptual and detailed planning and construction oversight, mitigation site monitoring, determination of mitigation success, and mitigation bank development. The Sponsor requested the preparation of the `Southwest Shore Conservation Assessment' prepared by the Triangle Land Conservancy and UNC Chapel Hill, Institute for the Environment, Center for Sustainable Community Design. The Sponsor requires that their consultants begin by utilizing this assessment when searching for potential mitigation sites to include in the Chatham Umbrella Stream and Wetland Mitigation Bank. 15.0 REFERENCES Center for Biological Diversity, et. al., April 20, 2010, Petition to List 404 Aquatic, Riparian and Wetland Species from the Southeastern United States as Threatened or Endangered under the Endangered Species Act, htlp://www.biologicaldiversity.org/programs/biodiversity/1000 species/the south east _ freshwater _ extinction_ crisis /pdfs /SE Petition.pdf Cowardin, Lewis M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classifications of Wetlands and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service. U.S. Government Printing Office, Washington D.C. Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual. Technical Report Y -87 -1. United States Army Engineer Waterways Experiment Station, Vicksburg, Mississippi. Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina. U.S. Geological Survey, Reston, Virginia. Page 21 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 Natural Resources Conservation Service (NRCS). 2008. Web Soil Survey. Available online: http : / /websoilsurvey.nres.usda.gov/ (Reviewed 11/11/2008). Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. North Carolina Division of Water Quality (NCDWQ). 2007. Final North Carolina Water Quality Assessment and Impaired Waters List (2006 Integrated 305(b) and 303(4) Report) (online). Available: http: / /h2o.enr.state.nc.us /tmdl /documents /303d_Report.pdf [November 11, 2008]. North Carolina Department of Environment and Natural Resources, Raleigh, North Carolina. North Carolina Division of Water Quality (NCDWQ). 2008. Basinwide Planning Program : Draft Neuse River Basinwide Water Quality Plan -- June 2008. North Carolina Department of Environment and Natural Resources. Raleigh, North Carolina. Rosgen, D. 1996. Applied River Morphology. Wildland Hydrology (Publisher). Pagosa Springs, Colorado. Triangle Land Conservancy and The Center for Sustainable Community Design, Institute for the Environment, UNC Chapel Hill. 2008. Southwest Shore Conservation Assessment, Chatham County, NC. Prepared at the request of Preston Development Company /Chatham Park Investors LLC. Available: htlp: / /www.tliangleland.or_ lands /planning /SWshorereportsM.pdf United States Army Corps of Engineers and the North Carolina Division of Water Quality. 2005. Information Regarding Stream Restoration in the Outer Coastal Plain of North Carolina. United States Army Corps of Engineers, United States Environmental Protection Agency, North Carolina Wildlife Resources Commission, North Carolina Division of Water Quality. 2003. Stream Mitigation Guidelines. United States Fish and Wildlife Service (USFWS). 2008. Threatened and Endangered Species in North Carolina (online). Available: htlp: / /www.fws. _ og v /nc- es/es/countyfr.html. Page 22 of 23 Stinking Creek Mitigation Site Mitigation Plan S &EC Project No. 11248.W3 Revised August 2013 APPENDICES LIST OF FIGURES Figure 1. Project Location Figure 2. Hydrologic Unit Map Figure 3. Topography and Drainage Area Figure 4. Existing Conditions Figure 5. NRCS Soil Survey Stinking Creek Mitigation Site Map (Revised 4/30/10) Agreement to Establish the Chatham Umbrella Mitigation Bank Recorded Conservation Easement Plat 2013 -48 Page 23 of 23 4 Site 9 d �j ✓ # } e' a7 Directions to Site: '` - -From Raleigh, take US 64 West 4 " Just before the Town of Pittsboro, take a left t on Hanks Chapel Road. This ury road turns into Gum Springs Church �� Road. Go approx. 6 miles, site will be on your right. >, „, i , iles Milla Project No. FIG�Ure I 1 248. W3 Project Location Project Mgr.: Stinking Creek Soil & Environmental Consultants, PA BZ Mitigation Site 11010 Raven Ridge Rd • Raleigh, NC 27614 Scale: Chatham County, NC (919) 846 -5900 • (919) 846 -9467 Web Page. www.SandEC.com I ” = 8,000' 2008 Delorme Atlas 113 0 and Gazeteer (Pcg.39) h« f CA° 7 t IN IN tS J \ ` ��x ?� Legend DrainageArea- Approx. 4.65 sq miles Conservation Area fj i { r' ,-v�.r'.,i ITr,�� Project No. Figure 3- Topography I 1 248. W3 and Drainage Area Project Mgr.: Stinking Creek Soil & Environmental Consultants, PA BZ Mitigation Site 11010 Raven Ridge Rd • Raleigh, NC 27614 Scale: Chatham County, NC (919) 846 -5900 - (919) 846 -9467 Web Page. www.SandEC.com I " = 2,500' Pitt5boro and Merry Oaks 09/03/1 0 Topo Quadranagle Legend Parcel Boundaries F777-1 1 1 Proposed Conservation Area Wetlands (- 10.132 AC) Important Perennial Stream ® Important Intermittent Stream Unimportant Intermittent Stream 6,335 LF total stream length within Proposed Conservation Area 3,457 LF of Stinking Cree within Proposed Conservation Area 920 LF of Stinking Creek in Southern segment 2,537 LF of Stinking Creek in Northern segment 2,878 LF of Unnamed Tributaries to Stinking Creek within Proposed Conservation Area Iv:1e61 l Project No. 1 1 248.W3 � t Project Mgr.: r WAYNER FOUSHEE Chatham Umbrella MTHIES FO SHE it� i iA S i 11 „�N D B 828 PG 1028 "a�� PB 93 PG 278 988955 238 Mitigation Bank Scale: i s �r I” =600' Background Imagery: 2007 aerial Iv:1e61 l Project No. 1 1 248.W3 Figure 4 Stinking Creek Mitigation Site EXi5ting COnc ition5 Project Mgr.: BZ Chatham Umbrella Mitigation Bank Scale: Chatham County, NC I” =600' Background Imagery: 2007 aerial 09/03/10 photography provided by Chatham Count ne> EMMi w Soil& Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846 -5900 (916) 846 -9467 Web Page: www.SandEC.com AGREEMENT TO ESTABLISH THE CHATHAM UMBRELLA MITIGATION BANK This Agreement To Establish The Chatham Umbrella Mitigation Bank (the "Umbrella Bank "), hereinafter called the "Umbrella Mitigation Banking Instrument" or "UMBI ", is made and entered into this day of I , by and among Chatham Park Investors LLC, a North Carolina limited liability company ( "Sponsor "), the U. S. Army Corps of Engineers ( "USACE "), and each of the following governmental agencies who execute this UMBI: the Environmental Protection Agency ( "USEPA "), the U.S. Fish and Wildlife Service ( "USFWS "), the North Carolina Wildlife Resources Commission ( "NCWRC "), and the North Carolina Division of Water Quality ( "NCDWQ "). USACE, together with the State and Federal agencies who execute this UMBI, are hereinafter collectively referred to as the "Governmental Agencies." The goal of the Umbrella Bank is to restore, enhance, create and preserve stream and wetland systems to compensate in advance of unavoidable stream and wetland impacts authorized by USACE and NCDWQ pursuant to Sections 401 and 404 of the Clean Water Act, and Sections 15A NCAC 02B.0234, 02B.0235, or 02B.0242 of the North Carolina Administrative Code, in circumstances deemed appropriate by the USACE and/or NCDWQ after review through any applicable permit review process. The Umbrella Bank may also be used to provide nitrogen offset credits pursuant to 15A NCAC 02B .0240. As more particularly described herein, the Sponsor will implement stream and/or wetland mitigation projects at sites in the Haw River Basin ( "Mitigation Sites "). The mitigation projects to be performed on a Mitigation Site will be described in a site - specific mitigation plan submitted to the Interagency Review Team ( "IRT ") for review and approval ( "Site- Specific Mitigation Plan "). A Mitigation Site and the mitigation credits associated therewith will become a part of the Umbrella Bank upon: (i) written approval of the Site - Specific Mitigation Plan for such Mitigation Site by the IRT, acting through the USACE, in the case of impacts to waters of the United States; and (ii) amendment of this UMBI to incorporate the Mitigation Site. NOW, THEREFORE, the parties hereto agree as follows: I. Interagency Review Team. A. Establishment of the IRT. The Govermnental Agencies shall establish an IRT for the purpose of performing the technical review, approval, and oversight functions as described in 40 CFR Part 230, Compensatory Mitigation for Losses of Aquatic Resources ( "Compensatory Mitigation Rules "). The IRT shall consist of a designated representative of each of the Governmental Agencies who execute this UMBI and shall be chaired by the designated representative of USACE, Wilmington District. B. Termination of Participation. Any member of the IRT may terminate its participation in the IRT with notice in writing to all other parties to this UMBI. Termination shall be effective seven (7) days from placing said notices in the United States mail. A member withdrawal shall not affect any prior sale or use of credits and all remaining parties shall continue to implement and enforce the terms of this UMBI. II. Establishment of the Umbrella Bank and Mitigation Sites. A. Establishment of Umbrella Bank. Pursuant to the Compensatory Mitigation Rules, the Sponsor hereby establishes the Umbrella Bank, which shall be governed by this UMBI. The parties acknowledge and agree that the "Prospectus" that the Sponsor submitted for this Umbrella Bank is acceptable. (keagle \chatham park\mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 2 B. Mitigation Sites. 1. Site - Specific Mitigation Plans. The Sponsor shall develop a Site - Specific Mitigation Plan for each Mitigation Site pursuant to the requirements of the Compensatory Mitigation Rules. In order to obtain mitigation credits from a Mitigation Site, the Sponsor shall perform all necessary work in accordance with the provisions of this UMBI and the approved Site - Specific Mitigation Plan to establish and /or maintain the Mitigation Site until it has been determined that all the conditions herein and in the Site - Specific Mitigation Plan have been satisfied. Approved Mitigation Sites shall be described in Exhibit A to this UMBI. Approved Site - Specific Mitigation Plans shall be incorporated into Exhibit B to this UMBI. Review of Site - Specific Mitigation Plans. a. Mitigation plans for waters of the United States. The Sponsor shall submit to USACE any Site - Specific Mitigation Plan for waters of the United States that the Sponsor develops to generate credits for this Umbrella Bank, with a sufficient number of copies for each member of the IRT. After determining that the Site - Specific Mitigation Plan is complete, USACE shall promptly distribute copies of the Site - Specific Mitigation Plan to the members of the IRT. The IRT shall review and cormnent on all submittals in accordance with the Compensatory Mitigation Rules. To the extent authorized by USACE, the IRT will utilize the streamlined review process specified in the Compensatory Mitigation Rules. If the Site - Specific Mitigation Plan is not approved by the IRT as originally submitted by the Sponsor, the IRT shall provide the Sponsor with specific reasons or rationale for not approving the Site - Specific Mitigation Plan. The Sponsor may resubmit the Site - Specific Mitigation Plan with specific modifications or justifications that address the IRT's concerns. Following the approval of any Site - Specific Mitigation Plan, the credits associated with the approved Site - Specific Mitigation Plan shall be deemed deposited into the Umbrella Bank in accordance with the credit release schedule contained in the approved Site - Specific Mitigation Plan. b. Mitigation Plans for Non - jurisdictional Wetlands. For Mitigation Sites that restore, enhance, or preserve non jurisdictional wetlands, the Sponsor shall submit to NCDWQ each Site - Specific Mitigation Plan the Sponsor develops to generate credits for this Umbrella Bank. NCDWQ shall review and comment on all submittals within 35 days of receipt of such submittal. If the Site - Specific Mitigation Plan is not approved by NCDWQ as originally submitted by the Sponsor, NCDWQ shall provide the Sponsor with specific reasons or rationale for not approving the Site - Specific Mitigation Plan. The Sponsor may resubmit the Site - Specific Mitigation Plan with specific modifications or justifications that address NCDWQ's concerns. Following the approval of any Site - Specific Mitigation Plan, the credits associated with the approved Site - Specific Mitigation Plan shall be deemed deposited into the Umbrella Bank in accordance with the credit release schedule contained in the approved Site - Specific Mitigation Plan. 3. Environmental Documentation, Permits and Authorizations; Construction. If the Sponsor elects to proceed with the implementation of an approved Site - Specific Mitigation Plan, it shall (a) prepare any required environmental documentation and obtain all required permits or other authorizations needed to perform mitigation projects on Mitigation Sites included in the Umbrella Bank (this UMBI does not fulfill or substitute for such permits or authorizations); and (b) perform any construction and related activities on the Mitigation Site in accordance with the Site - Specific Mitigation Plan. (keagle\chatham park\nitigation bank 1 -7) Chatham Umbrella Mitigation Bank- Page 3 4. Monitoring and Assurance of Success. a. The Sponsor shall perform all necessary work to monitor a Mitigation Site and to demonstrate compliance with the success criteria established in the Site - Specific Mitigation Plan. Members of the IRT may conduct, at their own expense and in coordination with other Federal and State resource agencies, field investigations to review and evaluate the mitigation project and determine the functions and values of the Mitigation Sites. The IRT shall use its best professional judgment to determine wetland, stream, upland, and habitat functions and values. Any member of the IRT who generates a written report resulting from any such investigation shall promptly provide the report to the Sponsor and its designated agents. b. The Sponsor shall be responsible for assuring the success of the restoration, creation, enhancement and preservation activities at the Mitigation Sites, including performing any remediation required by USACE or NCDWQ, as applicable. c. The Sponsor shall submit to the USACE and NCDWQ, an annual report describing the conditions of Mitigation Sites and evaluating the conditions of the Mitigation Sites against the success criteria in the applicable Site - Specific Mitigation Plans. The Sponsor shall submit monitoring reports for each Mitigation Site to USACE and NCDWQ for the time period specified in the applicable Site - Specific Mitigation Plan, unless success criteria have not been met at which point USACE or NCDWQ, as applicable, will determine an appropriate extension(s) of the monitoring period. d. USACE shall review the annual monitoring reports, and may, at any tune, after consultation with the Sponsor and the IRT, direct the Sponsor to take remedial action at a Mitigation Site if the performance criteria contained in the applicable Site - Specific Mitigation Plan have not been met. e. In the event that USACE requires remedial action or the Sponsor deter Imes that remedial action may be necessary to achieve the required performance criteria, it shall provide advance notice of such proposed remedial action to all members of the IRT. Any proposed remedial action shall be designed to achieve the performance criteria specified in the Site - Specific Mitigation Plan and shall include a work schedule and monitoring criteria that take into account the physical and biological condition of the Mitigation Site. The Sponsor shall not, except to the extent required to address emergency situations, initiate any remedial action prior to receiving approval thereof by the IRT. 5. Access. The Sponsor shall allow the members of the IRT reasonable access to the Mitigation Sites for the purposes of inspection of the Mitigation Sites and monitoring compliance with the Site - Specific Mitigation Plan. 6. Phasing. The Sponsor shall document in the Site - Specific Mitigation Plan any plans for phased construction of mitigation projects on Mitigation Sites. The scope and timing of each phase shall be at the discretion of Sponsor, subject to IRT approval. However, if the Sponsor performs mitigation in areas of a Mitigation Site beyond those for which the design has been approved by the IRT, the Sponsor must receive approval for this modification of the Site - Specific Mitigation Plan prior to mitigation credits from such additional areas being added to this Umbrella Bank. Credit release for phases of a Mitigation Site will be in accordance with the credit release schedule contained in the Site - Specific Mitigation Plan for each phase of a Mitigation Site. If phasing is used on a Mitigation Site, each phase shall be individually reviewed, tracked, and monitored by the Sponsor and the IRT. (keagle \chatham park\mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 4 7. As -Built Report. The Sponsor shall submit an as -built report for each Mitigation Site or phase of a Mitigation Site to the IRT as soon as practical after construction of a mitigation project on the Mitigation Site, but in no event later than 60 days after the completion of construction. 8. Perpetual Protection/Real Estate Provisions. The Sponsor shall protect each Mitigation Site that provides compensatory mitigation for impacts to waters of the United States by a conservation easement or deed restriction ( "Conservation Instrument ") approved by USACE pursuant to the current regulatory guidance of the Wilmington District of USACE. The Sponsor shall protect all other Mitigation Sites by a Conservation Instrument approved by NCDWQ. The Conservation Instrument shall be perpetual, preserve all natural areas, and prohibit all use of the property inconsistent with its use as mitigation property, including any activity that would materially alter the biological integrity or functional and educational value of natural resources within the Mitigation Site, consistent with the Site - Specific Mitigation Plan. The Sponsor shall obtain the written approval by USACE, USACE Wilmington District Office of Counsel, or by NCDWQ, as applicable, of the form of the Conservation Instrument, including the initial grantee of the Conservation Instrument. Upon the approval of a Conservation Instrument by USACE or NCDWQ, as applicable, the Sponsor or other initial grantee shall record the Conservation Instrument in the Office of the Register of Deeds of the county in which the Mitigation Site is located. The Sponsor shall provide a copy of the recorded Conservation Instrument, showing book and page numbers of the recorded location, to USACE or NCDWQ, as applicable. After recording the Conservation Instrument, the City or other initial grantee may, with the approval of USACE or NCDWQ, as applicable, convey the Mitigation Site property either in fee or by granting an easement to a qualified land trust, state agency, or other appropriate nonprofit organization. The terms and conditions of this conveyance shall not conflict with the intent and provisions of the Conservation Instrument nor shall such conveyance enlarge or modify the uses specified in the Conservation Instrument. Financial Assurance. a. No financial assurance shall be required for the preservation portion of any mitigation project. For all other forms of mitigation, prior to the release of any credits from a Mitigation Site, the Sponsor shall provide USACE or NCDWQ, as applicable, with a performance bond, letter of credit, escrow agreement, or other financial assurance instrument acceptable to the IRT, USACE, and /or NCDWQ, as applicable, sufficient to assure completion of all remaining mitigation work, required reporting and monitoring, and any remedial work required pursuant to this UMBI . In determining the amount of the financial assurance to be provided, the parties acknowledge and agree that the following items should be considered, together with any additional items appropriate for the particular mitigation work to be performed: site design; topographic and boundary surveys; purchase, installation and maintenance of hydrology monitoring devices; sediment and erosion control; grading; regrading contingency ( +30% of grading cost); planting; replanting contingency ( +30% of planting cost); control and/or eradication of undesirable plant species; control of herbivory; measures to control access and human impacts; as-built surveys; five years of monitoring; land acquisition and /or easement acquisition and preparation costs; and Corps administrative expenses (10% of estimated costs), for each credit released for sale. Financial assurances structured to provide funds to the Corps of Engineers in the event of default by the Sponsor are not acceptable. 10. Election Not to Utilize Mitigation Site. Notwithstanding any other provision of this UMBI, the Sponsor may at any time elect not to utilize a Mitigation Site for the generation of mitigation credits, in which case the Sponsor shall have no further obligations with respect to such Mitigation Site pursuant to this UMBI; provided, however, that (i) if any mitigation credits have been released but not debited (keagle \chatham park\mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 5 from such Mitigation Site, such credit release shall be reversed, and (ii) if any mitigation credits have been debited from such Mitigation Site, the Sponsor shall replace those credits with comparable credits from another Mitigation Site acceptable to the IRT or NCDWQ, as applicable. III. Operation of Umbrella Bank. A. Geographic Service Area. The Geographic Service Area ( "GSA ") is the designated area wherein credits from the Umbrella Bank may be used to compensate for impacts to streams and wetlands. The GSA for the Umbrella Bank will include the area within the Haw River watershed USGS Hydrologic Unit Code ( "HUC ") 03030002. Use of the Umbrella Bank to compensate for impacts outside of the GSA may be authorized by USACE or NCDWQ, as applicable. B. Use of the Umbrella Bank. The Umbrella Bank may be used for mitigation required in the GSA. The Sponsor may sell credits in the Umbrella Bank to third parties. The amount of compensatory mitigation required for any project shall be established by the permit or authorization for that project. The USACE, after consultation with the appropriate Federal and State review agencies through the applicable permit review process, shall make final decisions concerning the amount and type of compensatory mitigation required for unavoidable, perniitted stream or wetland impacts, and whether or not credits from the Umbrella Bank may be used to provide compensatory mitigation for such impacts. In the case of stream or wetland impacts that do not require a USACE pen-nit and that are authorized by NCDWQ shall determine whether or not credits from the Umbrella Bank may be used for such impacts /offsets. C. Credit Deposit and Release. I. Credit Deposit. Upon the addition of a Mitigation Site to the Umbrella Bank by amendment of this UMBI, the projected mitigation credits to be generated by the mitigation project on the Mitigation Site, as documented in the approved Site - Specific Mitigation Plan, shall be deposited to the Umbrella Bank. 2. Additional Financial Assurance. Upon the addition of a Mitigation Site to the Umbrella Bank by amendment of this UMBI, additional financial assurance shall be provided by the Sponsor for such additional Mitigation Site in the manner specified in Section II.B.9 of this UMBI. 3. Immediate Release of Credits. Fifteen percent (15%) of the total credits generated by a restoration, enhancement or creation project on any Mitigation Site and one hundred percent (100 %) of the total credits generated by preservation projects on any Mitigation Site shall be released (i.e., available for use) from the Umbrella Bank immediately upon completion of all of following actions: a. Approval by the IRT of the Site - Specific Mitigation Plan for the Mitigation Site; b. Inclusion of the Mitigation Site in this executed UMBI, as amended from time to time; C. Recordation of the Conservation Instrument for the Mitigation Site, as well as provision of a title opinion acceptable to USACE or NCDWQ, as applicable; and (keagle \chatham park\mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 6 d. Delivery of financial assurances as required by this UMBI. The Sponsor shall complete the initial physical and biological improvements to each Mitigation Site that generates credits for the Umbrella Bank no later than the first full year following initial deposit of credits generated from the Mitigation Site to the Umbrella Bank. 4. Subsequent Release of Credits. Subject to the Sponsor's continued satisfactory completion of all required success criteria and monitoring for restoration or enhancement projects, additional mitigation credits from each Mitigation Site shall be released from the Umbrella Bank on the following schedules as applicable to wetlands and streams: Wetlands Action Project Milestone Percent ( %) of Credit Release Construction Complete all initial physical and biological improvements pursuant to the Site - Specific Mitigation Plan 15 15' Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 2 n Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 3" Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 4' Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 5 " Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 6"' Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 7 ' Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 (keagle \ehatham park \mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 7 Streams Action Project Milestone Percent ( %) of Credit Release Construction Complete all initial physical and biological improvements pursuant to the Site - Specific Mitigation Plan 15 1st Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 2 "a Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 3`a Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 4th Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 10 5t<' Year Monitoring Submit monitoring report and Mitigation Site meets success criteria 15 Bankfull Events* Occurrence of two Bankfull Events* 15 * The release of 15 percent is contingent upon at least two bankfull event occurrences, in separate years, provided that the stream channel is stable and all other success criteria are met. In the event that less than two bankfull events occur during the monitoring period, the release of the remaining credit shall be at the discretion of the Interagency Review Team. Alternative Credit Release Schedules or Additional Conditions on Credit Release. The Site - Specific Mitigation Plan for a Mitigation Site may contain an alternative release schedule or alternative credit release conditions. If the credit release schedule or conditions in the approved Site - Specific Mitigation Plan for any Mitigation Site are different from those contained in this Section III.C., the credit release schedule and conditions in the Site - Specific Mitigation Plan shall govern the release of credits generated by the Mitigation Site. If the approved Site - Specific Mitigation Plan contains additional conditions on the release of credits generated by the Mitigation Site, the Sponsor shall not release any such credits from the Umbrella Bank until the additional conditions are met. (keagle \chatham park\mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 8 6. Approval of Credit Release. a. Credits for Waters of the United States. All releases of credits in the Umbrella Bank for mitigation of waters of the United States shall be made in accordance with the Compensatory Mitigation Rules. b. Credits for Non - jurisdictional Wetlands. In order to release credits in the Umbrella Bank for mitigation of Non jurisdictional Wetlands, the Sponsor shall request that NCDWQ approve such credit release and shall submit documentation demonstrating that the action for which the Sponsor seeks the release of credits has been successfully completed. NCDWQ shall review the Sponsor's request for a release of credits and if NCDWQ determines that a visit to the applicable Mitigation Site is necessary, cooperate with the Sponsor to schedule the site visit as soon as is practicable. NCDWQ shall use best efforts to notify the Sponsor within 30 days from the date of the Sponsor's request and submittal of supporting documentation of its decision as to whether the required action has been completed and the credits can be released. D. Effect of Debit from the Umbrella Bank. The Sponsor shall be legally responsible for providing compensatory mitigation in the amount of any debit from the Umbrella Bank either when the credits are used for the Sponsor's own project or when the Sponsor transfers credits to a third -party permittee. E. Accounting. The Sponsor shall establish and maintain ledgers to account for all credit deposit, release and debit transactions of the Umbrella Bank. The Sponsor shall maintain a separate ledger for each of the following types of transactions: wetlands; and 2. streams. The Sponsor shall notify the USACE or NCDWQ, as applicable, in writing of each such transaction within 30 days. The Sponsor shall provide the USACE or NCDWQ, as applicable, with updated credit deposit, release, and debit ledgers annually. The ledgers shall include the following information with respect to each debit: project name, permittee, permit number, type of permit, locality, type of impacted system, amount of impacts, amount of debit from the Umbrella Bank, USGS HUC, and date of transaction. With respect to credits, the ledgers shall specify the type of activity that generated each credit (for example, preservation, enhancement, or restoration). F. Annual Report. Until such time as all credits proposed for inclusion in the Umbrella Bank have been debited or this UMBI is otherwise terminated, the Sponsor shall prepare and submit to USACE and each member of the IRT an annual report on each anniversary of the date of execution of this UMBI. The annual report shall identify, by type, all credits deposited to, released, and debited from the Umbrella Bank and the balance of credits remaining, and, for each credit debited from the Umbrella Bank, the USACE Action ID number and/or DWQ Permit Number and Project Name for the project for which the credits were debited. (keagl6ehatham parkVnitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 9 IV. Default. A. Notice and Effect of Default. If USACE or NCDWQ determines that the Sponsor is in material default of any provision of this UMBI, the agency making such determination may notify the Sponsor in writing that the debit of any credits from the Umbrella Bank is suspended until the default is cured; provided, however, that if the default relates to the implementation of a Site - Specific Mitigation Plan for a Mitigation Site, the suspension shall apply only to the debit of credits from that Mitigation Site. Upon notice of such suspension, the Sponsor shall comply with the terms of the suspension until it is lifted by the issuing agency. B. Failure to Submit Required Monitoring Reports. No credits associated with the submittal of an annual monitoring report to USACE or NCDWQ may be released until the report has been submitted by the Sponsor. If the Sponsor fails to submit one or more required annual monitoring reports, in addition to any other remedy that may be imposed by USACE or NCDWQ pursuant to this UMBI or applicable laws and regulations, the Sponsor shall perform an additional year of monitoring and submittal to the USACE or NCDWQ of the associated annual monitoring report. C. Failure to Cure Default. If the Sponsor fails to cure a noticed default in a timely fashion, the USACE or NCDWQ may terminate all future debits from the Umbrella Bank. In the event of such termination, the Sponsor shall perform all obligations under this UMBI relating to credits that were debited prior to termination. D. Events not constituting default. Any delay or failure by the Sponsor to carry out its obligations under the UMBI shall not constitute a default hereunder if and to the extent that such delay or failure is primarily caused by any act, event or conditions beyond the Sponsor's reasonable control, including: (i) acts of God, lightning, earthquake, fire, landslide, drought, hurricane, storm, flood, or interference by third parties; (ii) condemnation or other taking by any governmental body; (iii) change in applicable law, regulation, rule, ordinance or permit condition, or the interpretation or enforcement thereof; (iv) any order, judgment, action or determination of any federal, state or local court, administrative agency or government body; or (v) the suspension or interruption of any permit, license, consent, authorization or approval. If the performance of the Sponsor is affected by any such event, Sponsor shall give written notice thereof to the USACE or NCDWQ as soon as is reasonably practicable. If such event occurs before the final availability of all credits for sale, the Sponsor shall take remedial action to restore the property to its condition prior to such event, in a manner sufficient to provide adequate mitigation to cover credits that were debited prior to such delay or failure to compensate for impacts to waters, including wetlands, authorized by USACE permits. Such remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as determined by the USACE or NCDWQ. V. Closure. The Umbrella Bank shall not be closed until all Mitigation Sites from which credits have been debited from the Umbrella Bank have met all applicable success criteria. If all Mitigation Sites have met all applicable success criteria, the Umbrella Bank shall be deemed closed upon (i) the debit of the last credit in the Umbrella Bank or (ii) or upon written approval by USACE or NCDWQ after written request by the Sponsor to close the Umbrella Bank. (keagle \chatham park\mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 10 VI. General Provisions. A. Third -Party Beneficiary. No third party shall be deemed a beneficiary hereof and no one except the signatories hereof, their successors and assigns, shall be entitled to seek enforcement hereof. B. Entire Agreement. This UMBI constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements or undertakings. C. Severability. In the event any provision contained in this UMBI is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provisions hereof, and this UMBI shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. D. Governing Laws. This UMBI shall be governed by and construed in accordance with the laws of North Carolina and the United States, as appropriate. E. Execution in Counterparts. This UMBI maybe executed by the parties in any combination, in one or more counterparts, all of which together shall constitute but one and the same instrument. The last date that this UMBI is executed by a party is the date of execution ofhis UMBI and shall be inserted in the first paragraph hereof. F. Notices. All notices and required reports shall be sent by regular mail to each of the parties at their respective addresses, provided below: SPONSOR: Chatham Park Investors LLC Attn: Timothy R. Smith 100 Weston Estates Way Cary, North Carolina 27513 USACE: Monte K. Matthews U.S. Army Corps of Engineers, Regulatory Division Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 USEPA: U.S. Environmental Protection Agency 1349 Firefly Road Whittier, North Carolina 28789 (keagle \chatham park \mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 11 USFWS: U.S. Fish and Wildlife Service P. O. Box 33726 Raleigh, NC 27363 -3726 NCDWQ: NCDENR, Division of Water Quality, 401/ Wetlands Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, North Carolina 27604 IMOVA/ W North Carolina Wildlife Resources Commission P. O. Box 129 Sedalia, NC 27342 -0129 {Signature pages follow} (keagle \chatham park \mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 12 IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The Chatham Umbrella Mitigation Bank" in legal and binduig form. Chatham Park Investors LLC r By: Timothy R. Smith, M nager Date: U.S. Army Corps of Engineers By: _ Title: Date: (keagle \chatham park\mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 13 IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The Chatham Umbrella Mitigation Bank" in legal and binding form. U.S. Environmental Protection Agency By: _ Name: Title: Date: (keagle \chatham paMmitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 14 IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The Chatham Umbrella Mitigation Bank" in legal and binding form. U.S. Fish and Wildlife Service By: _ Name: Title: Date: (keagle \chatham park \mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 15 IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The Chatham Umbrella Mitigation Bank" in legal and binding form. NC Division of Water Quality By: _ Name: Title:_ Date: (keagl6chatham park\rnitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 16 IN WITNESS WHEREOF, each of the parties hereto has executed this "Agreement To Establish The Chatham Umbrella Mitigation Bank" in legal and binding form. NC Wildlife Resources Commission By: _ Name: Title: Date: (keagle \chatham park \mitigation bank 1 -7) EXHIBIT A APPROVED MITIGATION SITES L Stinking Creek Site Chatham Umbrella Mitigation Bank Page 17 LYING AND BEING in or near the Town of Pittsboro, Wake County, North Carolina, and being more particularly described as follows: Conservation Easement 41, containing 19.604 acres (853,942 square feet), more or less, and Conservation Easement #2, containing 24.323 acres (1,059,524 square feet), more or less, as shown on a plat recorded in the Chatham County, North Carolina Registry in Plat Slide 2013 -48, said plat being incorporated by reference as if fully set out herein. (keagle \chatham park\mitigation bank 1 -7) EXHIBIT B SITE - SPECIFIC MITIGATION PLANS (keagle \chatham park\mitigation bank 1 -7) Chatham Umbrella Mitigation Bank Page 18 SURVEY CERTIFICATE I, MICHAEL E. DICKERSON, AS A PROFESSIONAL LAND SURVEYOR IN THE \ STATE CAROLINA, 00 HEREBY CERTIFY THIS PLAT WAS SUPERVISION FROM MAN p1CUAL URVEY DRAWN UNDER MY MADE UNDER / i. USING T MY SUPERVYSON AND COMPLETED ON L REFERENCES 10 SHOWN HEREON; THAT THE BOUN A S NOT SURVEYEDHE / .� ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN THE / REFERENCES SHOWN HEREON; THAT THE RATIO OF PRECISION AS CALCULATED IS i : 15,000+ ; THAT THIS MAP WAS PREPARED ` IN ACCORDANCE WITH NORTH CAROLINA GENERAL STATUTES 47 -30, AS AMENDED. 'WyRNESS MY ORIGINgqLL IGNATURE AND SEAL THIS'v it SY DAY OF FC� A.D., 20132 ?oP <N i AL ' TIDE OF PUT It SEAL It I. cERMrlrr ro a wcxcxs°N N PPOSESnu LAN As cH—CD A, L -3e3n, ®D r TH PL T o OF s A-, AR - AR-RY, Rc (j /�uTMI�l1 ." 1- OF a °uR�s°EAm suRrcr .,.F< E. DNC,�,••f L336� Po /LEGEND: IRON PIPE FDUND • IvP IRON PIPE SR O / VICINITY MAP RROPOSN FuruRE LIT ■ DMi p' ro : SETA / i1a'_NT uNE -- - -- E C ! C-1 'All NI-TONS LLC F`- / r 9y _ P ... 7353 / SOLID - SHADED AREA IS1/F _ CONSERVATION M /1 853,842 2 SIT t / 19.604 AC C OWNER'S CERTIFICATION I HENmr c= TM.n Z =61% Ill is rHE rnDPl— = AS "'rl`"EREON1N,T 1 (.) Ria%r A° o°pT'Il v, A" o AOURi T ca�NT�-11 's p x�INUN euxnlNC aErs co L n MSNDµu �' "° M i` µ9DWN ��" s aON Irmrliawr °ROm'r'wicc .zw °o mmsaNC11 cc BY CNATNYI PARK LLC PP Br I///f� tl�o.L zol3 MANAGER wtE vMOamy P -, dear avv a.r�, E �NUTARY z a ll�T my. sir no,ia a e�Mb ma�_eer l �+" ✓v ✓ ..Ay 39} V �.� Pl� -3 N, cOMM155roN E%PIREa Lv $ �' wTE DESCmPnaN I oO o 14 o —10- SHADED AREA IS CON —ATION EASEMENT ,F2 1,059,524 SF \ 24.323 AC M i ww s BB f PB \ \v:„ RENNaEe IHIANO s R ar a e 'nz o T ze use, \:: ssss ea ,w. I / TOT i l 7— ALAN —11 \ % / tai s PO 7 L P.a z°°z vc r AAS r M\ <� LOT 1. LOT PU � PLN.. Rees- ,. -B33a /•' NOS: mNVVrED m —17 �Fl_slll IminvON. T N0°r NO ,EOivD 0O0 Ai�oNCPT A u nn c TNEi --XN'!, °fiHmwcw O ]. `'NWEnr1M'" AYO sIOREN,w50f ENGIPA AND UE 0 BY A ME US ARMY — 300' 0 300' 600' FILED M.112 2013 12'46.58 pm PLAT SLIDE 02013 — 0048 T es INSTRUMENT 02973 ��oEraas RENEW OFFICER CERTIFICATE - STATE OF NORTH CAROLINA, COUNTY OF CHATHAM l0M"OL .l-Idl REO 0 C DI11rHA11 CgINrv. CERr14Y nNT iNE oR Pur raFWHlcn THrs CERnFlCAMAV Is A'nxEO MEE15 ALL B! NtORY REWrREMENIS FOR RECORDING. ORICER 0.1TE COMFICATE OF APPROVAL FOR RECORDATION I HEREBY CV— WT MO PROPERTY OLLWFIES AS AN IXCEPnON r0 THE PRONaroNS OF ME ,�rrw�t tiJ�'a 3 /6 X13 EE. awECroR /TOWN CF PmSBORO SCALE:I = 300 RECORDED IN BOOK OF MAPS , PAGE , CHATHAM COUNTY CONSERVATION EASEMENT PLAT FOR CHATHAM COUNTY WITHERS &- R"ENEL OWNER: CHATHAM PARK INVESTORS LLC ENGINEERS I PLANNERS I SURVEYORS HAW RIVER TOWNSHIP CHATHAMCOUNTY NORTH CAROLINA 111 MacKenan DH,e Cary, North Carolina 27511 — withemmNVel.cam PLAT OF SURVEY tal: 919- 469 -3340 copaTale Llcecae MC -832 13 - 48 ©mRllr-.lm� IIIIIIIIIEIIIIIIIII ®Ifi7F!R9:7�SSE� ®E'�3aTik�J�'Fk� ®RiTl�3R?QG�� �RFV7.5�7� ®R�iiiE7RF� �R�36B'.�AtiF'>yS� 01yIZPR'a7�S3� ©F�'SFR99f113fi ®Rf'37E�7�RF� mFiIRiR'i7�iLFi� ®RfZ7T.•�:7�fE1T�� 0R�7'YFi7�fLf� ®R7�AF� mR;!€sr�ii 0f!E*S;4FY7�i �R�iiF>'17�IDF� ®E�3!`A7�7�RL)i ©R�!497tffi� ®R�YSfP•9'7EA'� ®Ri7i?gT�7!➢F5� �C�.rtYY3v:7l7R1:� OR;f'Ci!4677E7�''1i ORf.S¢iY!�7�>i ®R�iR97iI3Fi ®1!6�'T.t�7fFl� ®E'iI3LG707�� m_esrr�s^�i�a� mmrrT 01��.7tRIDi� �E'[&OR'�7iRIFf� oRSSZSm aisrrx5� ®CF7�t'Y•.•YJliZ1FF� ®L'RZTait!ES7 morp IIIIIIIIIIallillill m �l SURVEY CERTIFICATE I, MICHAEL E. DICKERSON, AS A PROFESSIONAL LAND SURVEYOR IN THE \ STATE CAROLINA, 00 HEREBY CERTIFY THIS PLAT WAS SUPERVISION FROM MAN p1CUAL URVEY DRAWN UNDER MY MADE UNDER / i. USING T MY SUPERVYSON AND COMPLETED ON L REFERENCES 10 SHOWN HEREON; THAT THE BOUN A S NOT SURVEYEDHE / .� ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN THE / REFERENCES SHOWN HEREON; THAT THE RATIO OF PRECISION AS CALCULATED IS i : 15,000+ ; THAT THIS MAP WAS PREPARED ` IN ACCORDANCE WITH NORTH CAROLINA GENERAL STATUTES 47 -30, AS AMENDED. 'WyRNESS MY ORIGINgqLL IGNATURE AND SEAL THIS'v it SY DAY OF FC� A.D., 20132 ?oP <N i AL ' TIDE OF PUT It SEAL It I. cERMrlrr ro a wcxcxs°N N PPOSESnu LAN As cH—CD A, L -3e3n, ®D r TH PL T o OF s A-, AR - AR-RY, Rc (j /�uTMI�l1 ." 1- OF a °uR�s°EAm suRrcr .,.F< E. DNC,�,••f L336� Po /LEGEND: IRON PIPE FDUND • IvP IRON PIPE SR O / VICINITY MAP RROPOSN FuruRE LIT ■ DMi p' ro : SETA / i1a'_NT uNE -- - -- E C ! C-1 'All NI-TONS LLC F`- / r 9y _ P ... 7353 / SOLID - SHADED AREA IS1/F _ CONSERVATION M /1 853,842 2 SIT t / 19.604 AC C OWNER'S CERTIFICATION I HENmr c= TM.n Z =61% Ill is rHE rnDPl— = AS "'rl`"EREON1N,T 1 (.) Ria%r A° o°pT'Il v, A" o AOURi T ca�NT�-11 's p x�INUN euxnlNC aErs co L n MSNDµu �' "° M i` µ9DWN ��" s aON Irmrliawr °ROm'r'wicc .zw °o mmsaNC11 cc BY CNATNYI PARK LLC PP Br I///f� tl�o.L zol3 MANAGER wtE vMOamy P -, dear avv a.r�, E �NUTARY z a ll�T my. sir no,ia a e�Mb ma�_eer l �+" ✓v ✓ ..Ay 39} V �.� Pl� -3 N, cOMM155roN E%PIREa Lv $ �' wTE DESCmPnaN I oO o 14 o —10- SHADED AREA IS CON —ATION EASEMENT ,F2 1,059,524 SF \ 24.323 AC M i ww s BB f PB \ \v:„ RENNaEe IHIANO s R ar a e 'nz o T ze use, \:: ssss ea ,w. I / TOT i l 7— ALAN —11 \ % / tai s PO 7 L P.a z°°z vc r AAS r M\ <� LOT 1. LOT PU � PLN.. Rees- ,. -B33a /•' NOS: mNVVrED m —17 �Fl_slll IminvON. T N0°r NO ,EOivD 0O0 Ai�oNCPT A u nn c TNEi --XN'!, °fiHmwcw O ]. `'NWEnr1M'" AYO sIOREN,w50f ENGIPA AND UE 0 BY A ME US ARMY — 300' 0 300' 600' FILED M.112 2013 12'46.58 pm PLAT SLIDE 02013 — 0048 T es INSTRUMENT 02973 ��oEraas RENEW OFFICER CERTIFICATE - STATE OF NORTH CAROLINA, COUNTY OF CHATHAM l0M"OL .l-Idl REO 0 C DI11rHA11 CgINrv. CERr14Y nNT iNE oR Pur raFWHlcn THrs CERnFlCAMAV Is A'nxEO MEE15 ALL B! NtORY REWrREMENIS FOR RECORDING. ORICER 0.1TE COMFICATE OF APPROVAL FOR RECORDATION I HEREBY CV— WT MO PROPERTY OLLWFIES AS AN IXCEPnON r0 THE PRONaroNS OF ME ,�rrw�t tiJ�'a 3 /6 X13 EE. awECroR /TOWN CF PmSBORO SCALE:I = 300 RECORDED IN BOOK OF MAPS , PAGE , CHATHAM COUNTY CONSERVATION EASEMENT PLAT FOR CHATHAM COUNTY WITHERS &- R"ENEL OWNER: CHATHAM PARK INVESTORS LLC ENGINEERS I PLANNERS I SURVEYORS HAW RIVER TOWNSHIP CHATHAMCOUNTY NORTH CAROLINA 111 MacKenan DH,e Cary, North Carolina 27511 — withemmNVel.cam PLAT OF SURVEY tal: 919- 469 -3340 copaTale Llcecae MC -832 13 - 48