HomeMy WebLinkAbout20100099 Ver 4_As-Built Report 8-31-15_20150831As -Built & Baseline Monitoring Report
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel
Pursuant to:
Restoration Systems Umbrella Mitigation Banking Instrument
for Riparian Buffer and Nutrient Offset Mitigation Credits - Neuse River Basin
August 2015
Prepared By:
Restoration Systems, LLC
1101 Haynes St. Suite 211
Raleigh, NC 27604
Phone: 919 - 755 -9490
Fax: 919 - 755 -9492
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel
As -Built & Baseline Monitoring Report
Table of Contents
1.0
Introduction ........................................................................................................ ..............................1
2.0
Parcel Location .................................................................................................. ..............................1
2.1 Location and Setting .............................................................................. ...............................
l
2.2 Parcel Background .................................................................................. ..............................2
2.3 Parcel Objectives .................................................................................... ..............................2
3.0
Restoration Activities ........................................................................................ ...............................
2
3.1 Re- establishment of diffused flows ....................................................... ...............................
3
3.2 Riparian Area Restoration Activities ..................................................... ...............................
3
3.3 Riparian Buffer Preservation Activities ................................................ ...............................
3
3.4 Parcel Protection .................................................................................... ...............................
3
4.0
Mitigation Potential .......................................................................................... ...............................
4
5.0
Monitoring Protocol & Success Criteria ............................................................ ..............................4
1.1 Monitoring Protocol .............................................................................. ...............................
4
1.2 Parcel Maintenance ................................................................................ ..............................4
1.3 Long Term Management Plan ............................................................... ...............................
4
6.0
Financial Assurance .......................................................................................... ...............................
5
7.0
References .......................................................................................................... ..............................5
Appendix
Appendix
A: General Figures and Tables
Figure 1 - Site Location / Service Area
Figure 2 - Preconstruction Conditions
Figure 3 - Component and Asset
As -built Survey — Sheets 1 -5
Table 1 - Project Components and Mitigation Credits
Table 2 - Project Activity and Reporting History
Table 3 - Project Contact
Table 4 - Project Baseline Information and Attributes
As -built Photos
Appendix B: Baseline Vegetation Data, CVS Output Tables
Table 5 - Planting List
Table 6 - Baseline Vegetation
Figure 4 - Planting Detail
Vegetation Plot Photos 1 — 25
Appendix C: NC DWR Stream Determination
Appendix D: Conservation Easement
Appendix E: Financial Assurances
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel pg. i
DRAFT As -Built & Baseline Monitoring Report — August 2015
1.0 Introduction
Restoration Systems (Sponsor) is pleased to provide the North Carolina Division of Water Resources (NC
DWR) this As -Built & Baseline Monitoring Report for the Half -Mile Branch Bank Parcel (Parcel). As
agreed upon in the Restoration Svstems' Neuse River Basin Riparian Buffer & Nutrient Umbrella
Mitigation Banking Instrument (Banking Instrument), and signed March 17, 2008 between Restoration
Systems and the North Carolina Division of Water Resources (DWR), this document details the riparian
area restoration activities, monitoring efforts, and the final mitigation potential of the Parcel.
Measuring 30.46 acres, the Parcel is designed to provide mitigation credits for unavoidable impacts due to
development within the Neuse River Basin. Neuse River Riparian Buffer mitigation credits provided by
this Parcel are available in the Neuse River Basin, according to 15A NCAC 02B .0295 (Consolidated Buffer
Mitigation Rule — CMB rule) Mitigation credits for Nutrient Offset are made available within the Neuse
River Basin USGS 8 -digit HUC 03020201 excluding the Falls Lake Drainage Basin. Supporting figures,
tables, and photos are located in Appendix A.
An onsite determination for site suitability and applicability to the Neuse River Riparian Buffer Rules (15A
NCAC 2B .0233) was conducted by DWR representatives Katie Merritt and Anthony Scarborough on
February 9, 2015.
Upon receipt of DWR Determination Letter and Site Suitability Letter (Appendix C) and submittal of the
Draft Bank Parcel Development Package, RS, at its discretion, began planning and implementing
restoration activities. Table 2 of Appendix A, Project Activity and Reporting History, provides a detailed
account of the project's history.
Restoration construction activities were conducted in late March 2015. On April 3rd, the Site was
revegetated with native hardwoods at an approximant density of 500 stems per acres. Twenty -five (25)
Carolina Vegetation Survey (CVS) monitoring plots were installed post restoration. As -built data was
collected in Mav of 2015 by Axiom Environmental and derived an average planted stem density of 419
stems per acre (Appendix B). A Conservation Easement was placed over the Parcel on May 1 st, 2015 and
recorded at the Wayne County Register of Deeds in Goldsboro, NC. Book No. 3153, Page No. 191. The
Parcel's Bank Parcel Development Package was approved by DWR June 8th, 2015. Katie Merritt of DWR
performed a restoration verification site visit on June 9th
2.0 Parcel Location
2.1 Location and Setting
The Parcel is located approximately 7 miles west of Goldsboro in western Wayne County; west of U.S.
Highway 117 near the intersection of Old Smithfield Road and Ferry Bridge Road (Figure 1, Appendix A).
The Parcel is located within the Neuse River Basin in the 14 -digit United States Geological Survey (USGS)
Cataloging Unit 03020201200030 of the South Atlantic /Gulf Region (North Carolina Division of Water
Quality [NCDWQ] Sub -basin Number 03- 04 -12) (Figure 3, Appendix A)
Directions to Parcel:
• From the City of Raleigh, travel east on U.S. Highway 70
• Travel approximately 23 miles on U.S. Highway 70 and turn right onto Creechs Mill Rd
• Turn right at Martin Livestock Road (3.2 miles)
• Turn left onto Brogden Road (4 miles)
• Continue from Brogden Road onto Old Smithfield Road (7.7 miles)
• Continue on Old Smithfield Road and the Parcel is located on the left at the intersection of
Old Smithfield Road and Ferry Bridge Road (3.0 miles)
- Latitude: 35.38554° , Longitude: - 78.1072°
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Page 1
DRAFT As -Built & Baseline Monitoring Report — August 2015
2.2 Parcel Background
The Parcel encompasses 30.46 acres of land located along Half -Mile Branch and its Unnamed Tributary.
According to the Final Neuse River Basinwide Water Quality Plan (NCDWQ 2009), the lack of buffer and
heavy agricultural practices along Half -Mile Branch make the watershed an ideal target for land acquisition
to protect the nutrient sensitive Neuse River watershed. The restored riparian area will result in improved
water quality within the Parcel and downstream of the Half -Mile Branch watershed. The Parcel is located
in a region of the state dominated by agriculture and livestock; therefore, restoration of the riparian area is
expected to result in immediate water quality benefits in the vicinity of the Parcel.
Historically, the Parcel contained agricultural land utilized for row crop production and small isolated
forests. Agricultural areas were routinely harvested for soybean and winter wheat, resulting in local
disturbances to stream banks and wetland soil surfaces. Additional land use practices included the
maintenance and removal of riparian vegetation and ditching through buffers and fields to reduce wet areas
for crop production. Figure 2 of Appendix A graphically displays pre - construction conditions. Adjacent
land use is currently characterized by row crop production and single family dwelling units.
A permanent Conservation Easement was placed over the Parcel on May 1st, 2015 and recorded at the
Wayne County Register of Deeds in Goldsboro, NC. Book No. 3153, Page No. 191. Of the 30.46 acre
Parcel, 23.45 acres of riparian area will be restored and 3.18 acres will be preserved (existing hardwood
forest) through the establishment and permanent protection of native hardwood vegetation.
2.3 Parcel Obiectives
The primary goals associated with the restoration of riparian areas is focused on improving water quality,
enhancing flood attenuation, and restoring wildlife habitat through the creation of a forested riparian buffer
adjacent to stream channels and a forested riparian area along agricultural ditches. These goals will be
accomplished by the following;
1. Removing nonpoint sources of pollution associated with agricultural production, including a)
ceasing the broadcast application of fertilizer, pesticides, and other agricultural materials into and
adjacent to Site surface water conveyances, and b) providing a restored buffer to filter runoff from
adjacent lands.
2. Reducing sedimentation within onsite and downstream receiving waters by reducing bank erosion,
vegetation maintenance, and agricultural land disturbances.
3. Promoting floodwater attenuation by increasing frictional resistance of floodwaters crossing Site
floodplains.
4. Improving aquatic habitat by enhancing stream bed shading and natural detritus input.
5. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural
production.
6. Restoring and re- establishing natural community structure, habitat diversity, and functional
continuity.
7. Protecting the Site's riparian buffer functions and values in perpetuity
3.0 Restoration Activities
To achieve the objectives and goals above, a three phase restoration plan was implemented;
1. Re- establishment of diffused flow through the existing riparian buffer;
2. Re- establishment or Preservation of the riparian area from the Top of Bank to 200 feet of surface
waters and surface conveyances; and
3. Permanently protect the Parcel in the form of conservation easement.
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Page 2
DRAFT As -Built & Baseline Monitoring Report — August 2015
The restoration of floodplain forest and stream -side habitat will allow for development and expansion of
characteristic species across the landscape. Eco -tonal changes between community types will contribute to
diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for mammals,
birds, amphibians and other wildlife.
3.1 Re- establishment of diffused flows
A total of four culverts were removed to insure Half -Mile Branch and surface conveyances would flow
properly; preventing the chance of hydrologic trespass of adjacent properties. A dilapidated concrete culvert
was removed along Half -Mile Branch and the other three were removed along surface conveyance A (2
culverts) & E (1 culvert). Once removed, disturbed areas were stabilized with matting and native seed mix.
Multiple manmade conveyances /furrows had been previously dug through the Neuse Riparian Buffer
perpendicular to the stream channels. These conveyances /furrows were filled to historic elevations,
stabilized, and seeded with a native seed mix. Restoring diffused flow through the riparian buffer.
3.2 Riparian Area Restoration Activities
Areas subject to row -crop production, were ripped and scarified prior to planting. As a result,
approximately 23.5 acres were ripped with linear bands perpendicular to the direction of surface water
flows. The established microtopography on leveled surfaces will promote diffuse flow and surface water
storage throughout the floodplain. In addition, subsurface hardpans will be eliminated to promote
vegetation growth/survival and to increase groundwater recharge rates.
Vegetative species chosen based on reference forest data, onsite observations, and community descriptions
from Classification of the Natural Communities of North Carolina (Schafale and Weakley 1990) Coastal
Plain Bottomland Hardwood (NCWAM Bottomland Hardwood Forest and Headwater Forest). Coastal
Plain Bottomland Hardwoods include species with high value for sediment stabilization, rapid growth rate,
the ability to withstand hydraulic forces associated with flood events, and are well suited for wetland soil
types.
Deep- rooted, riparian vegetation was restored over 23.45 acres of the Parcel. Bare -root seedlings of tree
species within the Coastal Plain Bottomland Hardwoods were be planted at a density of approximately 500
stems per acre on 10 -foot centers. A detailed planting list is provided as Table 5 and graphically on Figure
4 of Appendix B along with as -built baseline vegetation data. Baseline data was collected in May of 2015
by Axiom Environmental and derived an average planted stem density of 419 stems per acre.
3.3 Riparian Buffer Preservation Activities
3.18 acres of the Parcel have been preserved. Preservation activities include permanently protecting the
existing riparian buffer from cutting, clearing, filling, grading, and any similar activities that would affect
the functionality of the riparian buffer. Areas specified for Preservation, as defined in 15A NCAC 02B
.0295, are show in Figure 3 and will only generate buffer mitigation. These areas are primarily described
as disturbed mixed hardwoods, with the number of high value species per acre above 200. Buffer credits
sought in the preservation area will only be allowed to use toward buffer mitigation and cannot be
transferred into nutrient offset credits. Preservation areas do not extend beyond 100 feet from the top of
bank of Parcel streams.
3.4 Parcel Protection
A Conservation Easement was placed over the Parcel on May 1st, 2015 and recorded at the Wayne County
Register of Deeds in Goldsboro, NC. Book No. 3153, Page No. 191. Parcel boundaries have been delineated
in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be
identified by cattle fence, marker, bollard, post, tree - blazing, or other means as allowed by site conditions
and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Page 3
DRAFT As -Built & Baseline Monitoring Report — August 2015
replaced on an as needed basis. The easement boundary will be checked annually as part of monitoring
activities and reported to NC DWR.
4.0 Mitigation Potential
The DWR has determined the nitrogen nutrient abatement of restored riparian area to be 2,273.02 lbs. per
acre. Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet.
The as -built survey (Appendix A) determined the Parcel encompasses 23.45 acres of restored riparian area,
3.18 acres of persevered riparian buffer. Of the restored riparian area, 16.18 acres will generate nutrient
offset credit, generating 36,777.451bs. of nitrogen offset credit. 7.27 acres of restored riparian area and 3.18
acres of buffer preservation will generate 330,533.28 sq. ft. of Neuse River riparian buffer credits. Riparian
buffer credits derived from preservation cannot generate nutrient offset mitigation. Riparian buffer
mitigation generated via restoration, can be used for either Neuse River riparian buffer credits or nutrient
offset credits, but not both. RS must request and receive approval from DWR to transfer any mitigation
credits between riparian buffer and nutrient offset. All mitigation credit assets shall be shown on the credit
ledgers. RS will provide a separate credit ledger for the Buffer Preservation credits. Table 1 of appendix A
summarizes the Parcel's components and mitigation credit potential.
5.0 Monitoring Protocol & Success Criteria
1.1 Monitoring Protocol
Restoration monitoring procedures for vegetation will monitor plant survival and species diversity.
Quantitative sampling of vegetation will be performed through twenty -five (25) 10 x 10 meter plots as
outlined in the CVS Level 1 -2 Protocol for Recording Vegetation, Version 4.0 (Lee et al. 2006) and will
occur in October of each year, with the 1St monitoring data to be collected in the fall of 2015 and not within
five months from the original planting date. Monitoring of the restoration efforts will be performed for five
years or until success criteria are fulfilled. Restoration Systems shall submit to NCDWR an annual
monitoring report, no later than December 31" of each year. Detailed qualitative and quantitative
monitoring is proposed for vegetated riparian areas, which will also include photographic record of the
Parcels assets. Success criteria within the buffer and nutrient offset restoration areas will be based on the
survival of planted species at a density of 320 stems per acre after five years of monitoring.
1.2 Parcel Maintenance
A remedial action plan will be developed and implemented with the approval of NCDWR in the event that
the Site or a specific component of the Site fails to achieve success criteria as outlined above. Other
vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event
that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical
removal with the use of a chainsaw) and/or chemical methods (aquatic approved herbicide) in accordance
with North Carolina Department of Agriculture (NCDA) rules and regulations.
1.3 Long Term Management Plan
The Sponsor has obtain a Conservation Easement in perpetuity over the Parcel. The Conservation Easement
preserves all areas, and prohibits all use of the property inconsistent with its use as mitigation, including
any activity that would materially alter the biological integrity. The North Carolina Wildlife Habitat
Foundation is expected to be the long -term holder of the Conservation Easement and will be responsible
for long -term stewardship of the Parcel site. The Sponsor will provide a financial sum appropriate for the
long -term holder of the Conservation Easement to carry out its responsibilities.
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Page 4
DRAFT As -Built & Baseline Monitoring Report — August 2015
6.0 Financial Assurance
As stated in the Restoration Systems Neuse River Basin Riparian Buffer and Nutrient Mitigation Umbrella
Banking Instrument, dated March 17th 2008: "After completion of construction, a Monitoring Bond will
be substituted for the Performance Bond. The Penal Sum of said Monitoring Bond shall be for two times
the estimated cost to implement the monitoring and maintenance plan, but no less than $150,000.00 in
amount. The Monitoring Bond shall be in effect for a period of five years."
7.0 References
Consolidated Buffer Mitigation Rule - 15A NCAC O2B .0295 (Published November 17, 2014)
Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS -EEP Protocol for Recording
Vegetation. Version 4.2. North Carolina Department of Environment and Natural Resources,
Ecosystem Enhancement Program. Raleigh, North Carolina.
Neuse River Nutrient Sensitive Waters Management Strategy 15A NCAC 2B .0233,
15A NCAC O2B .0240, and 15A NCAC O2B .0295
Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina:
Third Approximation. North Carolina Natural Heritage Program, Division of Parks and
Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North
Carolina.
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Page 5
DRAFT As -Built & Baseline Monitoring Report — August 2015
Appendix A: General Figures and Tables
Figure 1 -
Site Location / Service Area
Figure 2 -
Preconstruction Conditions
Figure 3 -
Component and Asset
As -built Survey — Sheets 1 -5
Table 1 -
Project Components and Mitigation Credits
Table 2 -
Project Activity and Reporting History
Table 3 -
Project Contact
Table 4 -
Project Baseline Information and Attributes
As -built Photos
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Appendix A: General Figures and Tables
DRAFT As -Built & Baseline Monitoring Report — August 2015
f
Directions to Parcel: ` - vlr
Naf 4k pBe
• From the City of Raleigh, travel east on U.S. Highway 70
• Travel approximately 23 miles on U.S. Highway 70 and
turn right onto Creechs Mill Rd
• Turn right at Martin Livestock Road (3.2 miles)
• Turn left onto Brogden Road (4 miles) °mow E
• Continue from Brogden Road onto Old Smithfield
T
Road (7.7 miles) �a ° " ° " °E "'" • `
• Continue on Old Smithfield Road and the Parcel is located_ ° „mM
on the left at the intersection of Old Smithfield Road and Mau ar„
Ferry Bridge Road (3.0 miles) FEtI� ° Gr iIle
- Latitude: 35.38554° , Longitude: - 78.1072° •° °war
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` Parcel Location
Jac �f�f•: "
♦�' '� s�."E” r mow __�
►. ' Project Location Within the Neuse River BasinUSGS 8 -Digit
HUC 03020201
�• ` �t s ' t � �a�
rl
Legend
OConservation Easement: 30.46 Acres
Nutrient Offset Service Area - Neuse 01 minus Falls Lake Watershed
ORiparian Buffer Service Area - Neuse River Basin
RESTORATION SYSTEMS, LLC I SCALE: 1 in = 2,000 ft I N
1101 HAYNES ST, SUITE 211 (DATE: 8 -2015 I Figure 1
RALEIGH, NC 27604 Site Location and Service Area
PHONE: 919.755.9490 IPoject ID: Half -Mile
FAX : 919.755.9492
Thia map and a1I data oomaln,d within are a,ppred as is w h no wa—ty. meat «anon syatems, uc expraaaly Aerial Imagery: (c) Microsoft
. . disclaims res ponsibtity for damages or liability from any claims that may arise out of the use or misuse from any claims
that may ad.e at of the u.e or ml. ".e of thla map. It i, the.ele re.pon.ibiilty of then,, to determine if the data an Half-Mile Branch As-Built Report Coordinate System:
ihi. map I. compatible with the "aara need.. Tm. map wa. nth eraataa a..nrvey data, nor.hould it ba u.ed a..u,h, NAD 1983 SP NC RIPS 3200 Ft
It is the users responsibility to obtain proper survey data, prepared by a licensed surveyor, where r.q.i,.d by law. — — — — — —
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OConservation Easement: 30.46 Acres
Surface Water Conveyance
In
" NRCS Blue Line Streams
Existing Hardwood Forest - Within the Parcel Boundaries
O Location of Furrows /Surface Conveyances within existing buffers - filled during construction
RESTORATION SYSTEMS, LLC SCALE: 1 in = 188 ft N
RALEIGH, NC 27, SUITE 211 DATE: 8 -2015 Figure 2 - Preconstruction Conditions
RALEIGH NC 27604
PHONE 919 755 9490 Half -Mile Branch
FAX 919 755 9492
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\3 Buffer Zone A: TOB 50'
SIC: C
1► f•� _ .. — Buffer Zone B: 51'- 100'
SC: B r�. — — Buffer Zone C: 101'- 200'
Conservation Easement: +/- 30.46 Acres
O
Surface Water Conveyance
30' Easement Break for Farm Path �'., n
'•� � \ � SC: D � „�. =� y NRCS Blue Line Streams
Existing Hardwood Forest - Within the Parcel Boundaries
Credit Type & Restoration vs Preservation Areas
�. Zone A: TOB - 50' Riparian Buffer Credit - Restoration
Zone B: 51' - 100' Riparian Buffer Credit - Restoration
Zone C: 101' - 200' Nutrient Offset Credit - Restoration
Half -Mile Branch
X, ^ -- Zone A & B: TOB - 100' Riparian Buffer Credit - Preservation
\ / � .,fit • e "�
A T. . Surface Conveyances: TOB - 200'- Nutrient Offset Credit
Table 1. Project Components and Mitigation Credits
• i ^- _ / r / Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel - Wayne County, NC
J 14 Digit Watershed ID: 03020201200030
A Buffer Zone Credit Type Mitigation Type Total Acreage Credit Ratio Credit per Acre Total Credits
/� / SC E Zone A (top of
(Noncredit genera `� Riparian Buffer Res. 2.66 1:01 43,560 sq. ft. /ac 115,869.6 RBMUs
bank to 50'
Zone B (51'-
100') Riparian Buffer Res. 4.61 1:01 43,560 sq. ft. /ac 200,811.6 RMBUs
Zone A & Zone B Riparian Buffer Pres. 3.18 10:01 43,560 sq. ft. /ac 13,852.08 RMBUs
Total Riparian Buffer 330,533.28 RMBUs
' I
;,. .., N •., 4�, 7�. x Zone C (101' -
AIR
200) Nitrogen Res. 8.35 n/a 2,273.02 lbs. /ac 18,616.03 lbs.
AP
UT - Half -Mile Branch „ a1,�.
Surface Water
Conveyances (0' Nitrogen Res. 7.83 n/a 2,273.02 lbs. /ac 21,298.191bs.
-200
*,F$� Total Nitrogen 36,777.451bs.
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RALEIGH, NC 27604
:4.
Component and Asset
PHONE 919 755 9490 Half -Mile Branch
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FAX 919 755 9492
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DEED REFERENCE(S):
BEING A PORTION OF THE PROPERTY
RECORDED IN D.B. 2679, PG. 84 OF THE
WAYNE COUNTY REGISTER OF DEEDS.
MAP REFERENCE(S):
BEING A PORTION OF THE PROPERTY
RECORDED IN P.C. J, SL. 138 OF THE WAYNE
COUNTY REGISTER OF DEEDS.
PID DESIGNATION LATITUDE (m) LONGITUDE (m)
Or D11071 NCKN KENANSVILLE CORS ARP N345630.497 W0775849.945
DG4687 NCRD RALEIGH DOT CORS ARP N354549.507 W0783444.394
DK6525 NCSF SMITHFIELD CORS ARP N353349.609 W0782010.804
5) STREAMS SHOWN ARE TOP OF BANK TO TOP OF BANK.
6) ALL GAS LINE INFORMATION WAS PROVIDED BY PIEDMONT NATURAL GAS
COMPANY. ALL GAS LINE LOCATIONS WERE FIELD MARKED AND
IDENTIFIED BY PIEDMONT NATURAL GAS COMPANY DURING MARCH 2015.
SURVEYORS CERTIFICATIONS) \
CONSERVATION EASEMENT
Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material ACREAGE DATA:
sites, underground or aboveground utilities or any other features above, or below ground other than
those shown. SECTION "A" 23.07 ACRES±
I certify that the survey is of another category (as- built), such as the recombination of existing SECTION "B" 7.39 ACRES±
parcels, a court- ordered survey, or other exception to the definition of subdivision.
TOTAL CONSERVATION EASEMENT IS
I JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from (an actual survey 30.46 ACRES± EXCLUDING ACCESS
made under my supervision) (deed description recorded in Book SEE , Page REFS , etc.) (other); EASEMENTS AND ROAD
that the ratio of precision as calculated by latitudes and departures is 1 110.000+; that the RIGHT -OF -WAYS AND INCLUDING A
boundaries not surveyed are shown as broken lines plotted from information found in D.B. XX PORTION OF THE MAINTAINED
Page XX ; that this plat was prepared in accordance with G.S. 47 -30 as amended. Witness my ELECTRIC LINE BY COORDINATE
original signature, registration number, and seal this 27th day of Auciust , A.D. 2015. COMPUTATION
IF
SEAL OR STAMP
Surveyor
"PRELIMINARY PLAT"
NOT FOR RECORDATION,
CONVEYANCES OR SALES
DRAWN BY: FGR
DATE: 08/27/2015
DWG. NO.:RSS135AS15
"SURVEYED BY: J.A.R.
K2^1%
DESIGN GROUP, P.A.
5688 U.S. Hwy. 70 East
Goldsboro, NC 27534
Tel.: (919) 751 -0075
k2design @suddenlink.net
L -4194
\GSNSE No
N.
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r
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L34
L35
L36
L37
L38
L39
L40
L41
L42
LINE DATA ALONG
SECTION "A"
BEARING
GENERAL NOTES:
S44 °53'38 "E
1)
NOTE: NO ABSTRACT TITLE, NOR TITLE COMMITMENT, NOR RESULTS OF TITLE
cn N
S30 °52'19 "W
SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF RECORD
z
197.02'
REVIEWED ARE NOTED HEREON (SEE REFERENCES). THERE MAY EXIST OTHER
109.15'
S30 °33'19 "W
DOCUMENTS OF RECORD THAT MAY AFFECT THIS SURVEYED PARCEL.
S32 °03'33 "W
2)
ALL IRON STAKES SET ON CONSERVATION EASEMENT HAVE A PLASTIC YELLOW
39.09'
S31 °03'16 "W
CAP, INSCRIBED WITH: "CONSERVATION EASEMENT ";.
S40 °33'29 "E
3)
ALL CORNERS ON CONSERVATION EASEMENT ARE WITNESSED BY A METAL T -POST.
63.09'
4)
THE NCSPC SHOWN ON EIS ae WERE OBTAINED FROM AN NGS OPUS SOLUTION.
S21 °39'01 "E
36.11'
THIS OBSERVATION WAS STARTED ON 2015/02/06 14:45:00 AND ENDED ON 2015/02/06
110.57'
S01 °28'35 "W
18:46:00 USING A TOPCON HYPERLITE PLUS GPS UNIT. THE COMBINED FACTOR IS
S73 °30'35 "W
20.00'
0.99987703(GEOID 2012a CONUS). THE DATUM IS NAD'83(2011). THE FOLLOWING
146.13'
S73 °07'56 "W
BASE STATIONS WERE USED IN THE OPUS SOLUTION:
DEED REFERENCE(S):
BEING A PORTION OF THE PROPERTY
RECORDED IN D.B. 2679, PG. 84 OF THE
WAYNE COUNTY REGISTER OF DEEDS.
MAP REFERENCE(S):
BEING A PORTION OF THE PROPERTY
RECORDED IN P.C. J, SL. 138 OF THE WAYNE
COUNTY REGISTER OF DEEDS.
PID DESIGNATION LATITUDE (m) LONGITUDE (m)
Or D11071 NCKN KENANSVILLE CORS ARP N345630.497 W0775849.945
DG4687 NCRD RALEIGH DOT CORS ARP N354549.507 W0783444.394
DK6525 NCSF SMITHFIELD CORS ARP N353349.609 W0782010.804
5) STREAMS SHOWN ARE TOP OF BANK TO TOP OF BANK.
6) ALL GAS LINE INFORMATION WAS PROVIDED BY PIEDMONT NATURAL GAS
COMPANY. ALL GAS LINE LOCATIONS WERE FIELD MARKED AND
IDENTIFIED BY PIEDMONT NATURAL GAS COMPANY DURING MARCH 2015.
SURVEYORS CERTIFICATIONS) \
CONSERVATION EASEMENT
Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material ACREAGE DATA:
sites, underground or aboveground utilities or any other features above, or below ground other than
those shown. SECTION "A" 23.07 ACRES±
I certify that the survey is of another category (as- built), such as the recombination of existing SECTION "B" 7.39 ACRES±
parcels, a court- ordered survey, or other exception to the definition of subdivision.
TOTAL CONSERVATION EASEMENT IS
I JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from (an actual survey 30.46 ACRES± EXCLUDING ACCESS
made under my supervision) (deed description recorded in Book SEE , Page REFS , etc.) (other); EASEMENTS AND ROAD
that the ratio of precision as calculated by latitudes and departures is 1 110.000+; that the RIGHT -OF -WAYS AND INCLUDING A
boundaries not surveyed are shown as broken lines plotted from information found in D.B. XX PORTION OF THE MAINTAINED
Page XX ; that this plat was prepared in accordance with G.S. 47 -30 as amended. Witness my ELECTRIC LINE BY COORDINATE
original signature, registration number, and seal this 27th day of Auciust , A.D. 2015. COMPUTATION
IF
SEAL OR STAMP
Surveyor
"PRELIMINARY PLAT"
NOT FOR RECORDATION,
CONVEYANCES OR SALES
DRAWN BY: FGR
DATE: 08/27/2015
DWG. NO.:RSS135AS15
"SURVEYED BY: J.A.R.
K2^1%
DESIGN GROUP, P.A.
5688 U.S. Hwy. 70 East
Goldsboro, NC 27534
Tel.: (919) 751 -0075
k2design @suddenlink.net
L -4194
\GSNSE No
N.
\
r
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28
L29
L30
L31
L32
L33
L34
L35
L36
L37
L38
L39
L40
L41
L42
LINE DATA ALONG
SECTION "A"
BEARING
DISTANCE
S44 °53'38 "E
175.46'
S44 °53'38 "E
30.00'
S30 °52'19 "W
188.46'
S32 °53'37W
197.02'
S32 °46'19 "W
109.15'
S30 °33'19 "W
100.45'
S32 °03'33 "W
41.77'
S25 °57'56 "W
39.09'
S31 °03'16 "W
54.34'
S40 °33'29 "E
213.56'
S44 °37'46 "E
63.09'
S36 °31'06 "E
74.97'
S21 °39'01 "E
36.11'
S02 °21'33 "E
110.57'
S01 °28'35 "W
46.29'
S73 °30'35 "W
20.00'
S73 °30'35 "W
146.13'
S73 °07'56 "W
69.02'
N10 °54'18 "E
81.78'
N00 °32'55 "W
84.63'
N41 °24'11 "W
115.74'
N38 °38'21 "W
128.26'
N42'1 2'28"W
79.67'
N63 °46'09 "W
177.16'
N79 °51'08 "W
23.09'
S50 °17'14 "W
65.10'
N61 °03'00 "W
195.61'
N61 °03'00 "W
114.39'
N61 °03'00 "W
136.07'
N46 °39'52 "E
68.83'
N43 °51'24 "W
79.09'
N39 °40'08 "W
139.79'
N30 °46'49 "W
131.89'
N48 °32'14 "E
934.04'
S44'1 1'55"E
148.11'
S44 °1 1'55 "E
142.23'
S33 °56'21 "E
23.66'
S27 °01'00 "E
36.46'
S22 °41'01 "E
30.12'
S50 °48'32 "E
36.30'
S50 °40'32 "E
156.75'
N48°09'57E
138.09'
RESTORATION
SYSTEMS, LLC
1101 HAYNES STREET
SUITE 211
RALEIGH, NC 27604
LINE
L43
L44
L45
L46
L47
L48
L49
L50
L51A
L51
L52
L53
L54
L55
L56
L57
L58
L59
L60
L61
L62
L63
LINE DATA ALONG
SECTION "B"
BEARING
DISTANCE
N1734'33 "W
55.55'
N17 °34'33 "W
17.25'
N71 °32'41 "W
220.04'
N70 °08'58 "W
228.30'
N66 °21'32 "W
79.78'
N37 °25'24 "W
98.56'
N33 °12'45 "W
76.04'
N47 °04'32 "E
210.85'
S34 °50'45 "E
40.00
S34 °50'45 "E
101.90'
S71 °18'52 "E
66.18'
S69 °48'23 "E
151.48'
S69 °27'26 "E
105.80'
N35 °04'12 "E
64.01'
N36 °48'45 "E
217.20'
N37 °56'00 "E
99.04'
S61 °03'00 "E
147.73'
S61 °03'00 "E
113.27'
S61 °03'00 "E
182.94'
S41 °04'50 "W
257.46'
S62 °37'58 "W
299.07'
S57 °12'30 "W
119.94'
t
CURRENT OWNER
DANNY HOWELL AND
WIFE, PEGGY A.. HOWELL
PER D.B. 2679, PG. 84
10
METADATA CORNER
DESCRIPTIONS
CORNER
DESCRIPTION
O
No. 5 REBAR
FLUSH WITH GRADE
No. 5 REBAR FLUSH WITH GRADE
O2 THRU 21
WITH PLASTIC YELLOW CAP
INSCRIBED: "CONSERVATION
EASEMENT"
22
1.0" O.D. IRON PIPE 0.1' BELOW
GRADE IN CENTERLINE OF DITCH
23
3/4" O.D. IRON PIPE 0.2' BELOW
GRADE IN 8" FLOWERING PEAR
No. 5 REBAR FLUSH WITH GRADE
2a
WITH PLASTIC YELLOW CAP
INSCRIBED: "CONSERVATION
EASEMENT"
25
1/2" O.D. IRON PIPE, BENT
FLUSH WITH GRADE
2s
1/2" O.D. IRON PIPE
1.0' BELOW GRADE
2�
3/4" O.D. IRON PIPE
FLUSH WITH GRADE
No. 5 REBAR FLUSH WITH GRADE
2e
WITH PLASTIC YELLOW CAP
INSCRIBED: "CONSERVATION
EASEMENT"
2s
1.0" O.D. IRON STAKE
0.1' ABOVE GRADE
30
1.0" O.D. IRON PIPE
0.3' ABOVE GRADE
No. 5 REBAR FLUSH WITH GRADE
31 THRU as
WITH PLASTIC YELLOW CAP
INSCRIBED: "CONSERVATION
EASEMENT"
No. 5 REBAR FLUSH WITH GRADE
as
WITH PLASTIC BLUE CAP
INSCRIBED: "CONTROL POINT"
as
1.5" O.D. IRON PIPE
0.1' ABOVE GRADE
4 \
FEMA FLOOD STATEMENT:
THE AREA REPRESENTED BY THIS PLAT IS LOCATED IN A
FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP
NUMBER(S) 3720256800J, ZONE(S): AE, DATED:
DECEMBER 2, 2005.
r
It
or
AS -BUILT SURVEY
FOR
RESTORATION
SYSTEMS, LLC
OF THE
HALF -MILE BRANCH BANK PARCEL
(ON A PORTION OF THE HOWELL PROPERTY)
FORK TOWNSHIP WAYNE COUNTY NORTH CAROLINA
100 50 0 100 200 300
GRAPHIC SCALE 1" = 100'
N
4 ♦
ZONE A
(TOP OF
BANK TO 50')
AREA ACRES
Al 0.31
A2 0.49
A3 0.06
A4 0.07
A5 0.39
A6 0.56
A7 0.10
A8 0.03
A9 0.04
A10 0.61
+Total 2.66 t
MITIGATION
TOTAL
BUFFER ZONE
CREDIT
TOTAL
TYPE
ZONE A (TOP OF
RIPARIAN
BANK TO 50')
BUFFER
ZONE B (51'-
RIPARIAN
100')
BUFFER
ZONE A (TOP OF
RESTORATION
BANK TO 50') &
RIPARIAN
ZONE B (51' -100')
gUFFER
TOTAL
RIPARIAN
10:01
BUFFER
ZONE C (101' -
NITROGEN
200')
0.59
SURFACE WATER
330,533.28 RBMU
CONVEYANCES
NITROGEN
(0' -200')
2,273.02lbs/ac
TOTAL
NITROGEN
4 ♦
ZONE A
(TOP OF
BANK TO 50')
AREA ACRES
Al 0.31
A2 0.49
A3 0.06
A4 0.07
A5 0.39
A6 0.56
A7 0.10
A8 0.03
A9 0.04
A10 0.61
+Total 2.66 t
MITIGATION
TOTAL
CREDIT RATIO
CREDIT PER
TOTAL
TYPE
ACREAGE
(IF APPLICABLE)
ACRE
CREDITS
RESTORATION
2.66
1:01
43,560 SQ. FT. /ACRE
115,869.6 RBMU
RESTORATION
4.61
1:01
43,560 SQ. FT./ACRE
200,811.6 RBMU
PRESERVATION
3.18
10:01
43,560 SQ. FT. /ACRE
13,852.08 RBMU
0.85
B5
0.59
C5
330,533.28 RBMU
RESTORATION
8.35
N/A
2,273.02lbs/ac
18,979.71lbs
RESTORATION
7.83
N/A
2,273.02lbs/ac
17,797.74lbs
s
♦
s
PRESERVATION
ZONE B
ZONE C
(51'-100')
�
(101' -200')
O
AREA ACRES
AREA ACRES
B1
0.33
C1
0.73
B2
0.74
C2
1.52
B3
0.52
C3
1.13
B4
0.61
C4
0.85
B5
0.59
C5
1.15
B6
1.24
C6
2.15
B7
0.58
C7
0.82
Total
4.61 r
Total
8.35
36,777.45 Ibs
r
ZONES A & B
4 EXISTING ♦
4 SURFACE
PRESERVATION
HARDWOOD
CONVEYANCES:
FOREST
(TOP OF BANK
AREA ACRES
(NO CREDIT)
- 200'
HW6 0.44
rxxucmvxxC
HW7 0.07
AREA ACRES
AREA ACRES
HW8 0.94
HW1 0.39
SC1 3.01
HW9 0.34
HW2 0.01
SC2 4.82
HW10 1.27
HW3 0.33
To 7.83
HW11 0.07
HW4 0.13
~
HW12 0.05
HW5 0.03
Total 3.18 f
+Total 0.89 r
Planting List
LEGEND:
ISS - IRON STAKE SET
EIP - EXISTING IRON PIPE
NMC - NON- MONUMENTED CORNER
No. 5 REBAR ON
CONSERVATION EASEMENT
CONSERVATION
EASEMENT LINE
- - - - - TIE DOWN LINE
_ RIGHT OF WAY LINE
OR ADJOINER LINE
ACCESS EASEMENT
NRCS BLUE LINE STREAMS
..� SURFACE WATER CONVEYANCE
FP-# VEGGIE PLOT
EXISTING HARDWOOD FOREST
WITHIN PARCEL BOOUNDAIRIES (NO CREDIT)
CREDIT TYPE & RESTORATION VS PRESERVATION AREAS
ZONE A: TOP OF BANK - 50' RIPARIAN BUFFER
CREDIT AREA - RESTORATION
- ZONE B: 51' -100' RIPARIAN BUFFER
CREDIT AREA - RESTORATION
ZONE C: 101' -200' NUTRIENT OFFSET
CREDIT AREA - RESTORATION
- ZONES A & B: TOP OF BANK -100'
RIPARIAN BUFFER CREDIT PRESERVATION
SURFACE CONVEYANCES: TOP OF BANK -200'
NUTRIENT OFFSET CREDIT
"PRELIMINARY
PLAT"
NOT FOR
RECORDATION,
CONVEYANCES
OR SALES
SHEET 2 OF 5
100 50 0 100
GRAPHIC SCALE 1 " = 100'
200 300
SHEET 3
Planting List
Vegetation Association: Coastal Plain
Bottomland Hardwoods
SHEET 4 �
Area (Acres) Total = 25.02 acres
Vegetation Association:
Coastal Plain Bottomland Hardwoods
Species
Number Planted
%of Total
Total
R
River birch (Betula nigra)
2,000
16.67%
2,000
Ironwood (Carpinus caroliniana)
1000
8.33%
1,000
Green ash (Fraxinus pennsylvanica)
Black gum (Nyssa sylvatica)
3000
1000
25.00%
8.33%
3,000
1,000
�I °
Water oak (Quercus nigra)
4400
36.67%
4,400
Willow oak (Quercus phellos)
600
5.00%
600
Total
12,000
100%
12,000
\
SHEET
5
SHEET LAYOUT
NOT TO SCALE
LEGEND:
ISS - IRON STAKE SET
EIP - EXISTING IRON PIPE
NMC - NON- MONUMENTED CORNER
No. 5 REBAR ON
CONSERVATION EASEMENT
CONSERVATION
EASEMENT LINE
- - - - - TIE DOWN LINE
_ RIGHT OF WAY LINE
OR ADJOINER LINE
ACCESS EASEMENT
NRCS BLUE LINE STREAMS
..� SURFACE WATER CONVEYANCE
FP-# VEGGIE PLOT
EXISTING HARDWOOD FOREST
WITHIN PARCEL BOOUNDAIRIES (NO CREDIT)
CREDIT TYPE & RESTORATION VS PRESERVATION AREAS
ZONE A: TOP OF BANK - 50' RIPARIAN BUFFER
CREDIT AREA - RESTORATION
- ZONE B: 51' -100' RIPARIAN BUFFER
CREDIT AREA - RESTORATION
ZONE C: 101' -200' NUTRIENT OFFSET
CREDIT AREA - RESTORATION
- ZONES A & B: TOP OF BANK -100'
RIPARIAN BUFFER CREDIT PRESERVATION
SURFACE CONVEYANCES: TOP OF BANK -200'
NUTRIENT OFFSET CREDIT
"PRELIMINARY
PLAT"
NOT FOR
RECORDATION,
CONVEYANCES
OR SALES
SHEET 2 OF 5
100 50 0 100
GRAPHIC SCALE 1 " = 100'
200 300
0
0
MARTIN EIP zz KORNEGAY
D.B. 22
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D.B. 964,
298 8
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UQ
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100 50 0 100
200 300
P21 ��6
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D.B. 2020,
0
GRAPHIC SCALE 1" = 700'
PG 697 �oA 1OA
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\
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OEIS
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L38 /
\
PLAT"
NOT FOR
D.B.
MARTIN
1166, PG. 832
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RECORDATION,
CONVEYANCES
SC1
EIp23 (TIE DOWN)
HOWELL
ISS Gel •�•�\op�
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D.B. 2679, PG. 84
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SECTION "A"
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COORDINATE
Cl
COMPUTATION
v
SC2
SURVEYOR COULD
B1
FIND NO RECORDED
z ISS
Al P14
P18
DEEDS FOR THE
_ UTILITY EASEMENT.
UTILIY COMPANY
/
HAS MAINTAINED 20'
(10- ON EACH E
/
OF UTILITY LINE
I'
H
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P7
D.B. 1084,
V PG. 873
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202.54' / (TIE DOWN) �y
(TIE DOWN) / 39 ISS
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D.B. 618, PG. 574 L51 P.C. J, SL. 138
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UNNAMED TRIBUTARY X46
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NOTE:
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IS 2 FEET FROM EDGE OF EXISTING
NATURAL GAS EASEMENT
'oa
Iss
SECTION "B"
r.39 ACRES± BY
COORDINATE
COMPUTATION
LANE FARMS, INC.
D.B. 965, PG. 775
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3. 84
38
35
ISs
N
L30 SS
S44 °06'09' W +7 ISs
31.08'
(TIE DOWN)
as ISS
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�� i Ii 1 1 1 1 1 1 1 1 1 1 ®RESS AND FUTURE UTILITY
T 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1'iN
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T 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
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P9 O T AREA = 0.01 ACRES± BY O ISS
ISS Ir I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r\ 1 1 1 1 1 1 1 1 1 I P
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55.0' �iililiiiiil�
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L43 INSTALLED 2013
1 I I 1 1 1 1 1 1 1 1 1 1 1 1 y•' \ P.C. J, SL. 138
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II I l l l l l l l l y' / 1 1 1 1 1 1 1 1 1 I I
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/ \ 'o �, N.C.S.R. 1224
z, EIP \ >9�. \ FERRY BRIDGE ROAD
(60' RIW- PUBLIC - PAVED)
COUNTY OF WAYNE SHEET 5 OF 5
D.B. 1798, PG. 736 \ \ to, toe 0
/ HILL \ \ \ / 100 50 0 loo
D.B. 1351 \ zs EIP
PG. 692
doe �oQ GRAPHIC SCALE 1 " = 100'
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N
of
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BRANCH
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L11 +'I
5 V I I I I I I I I I I I I I I
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18 G y ? 1 1 1 1 1 1
20.0'
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I
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II I I I I I I I I
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I l l l l l l y y
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1y 10" LINE
INSTALLED 1959
(005 -WAYN- 006 -0001)
50' PEDMONT NATURAL
GAS EASEMENT
D.B.496, PG. 266
200 300
11 1/
Table 1. Project Components and Mitigation Credits
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel — Wayne County, NC
14 Digit Watershed ID: 03020201200030
Buffer Zone
Credit Type
Mitigation
Total
Credit
Credit per
Total Credits
Draft BPDP February 2015
Type
Acreage
Ratio
Acre
Early March 2015
Zone A (top of
bank to 50 )
Riparian Buffer
Res.
2.66
1:1
43,560 sq. ft. /ac
115,869.6 RBMUs
Zone B (51' - 100')
Riparian Buffer
Res.
4.61
1:1
43,560 sq. ft. /ac
200,811.6 RMBUs
Zone A & Zone B
Riparian Buffer
Pres.
3.18
10:1
43,560 sq. ft. /ac
13,852.08 RMBUs
Total
Riparian Buffer
330,533.28 RMBUs
Zone C (101' -
Nitrogen
Res.
8.35
n/a
2,273.02 lbs. /ac
18,616.03 lbs.
200)
Surface Water
Conveyances (0' -
Nitrogen
Res.
7.83
n/a
2,273.02 lbs. /ac
21,298.19 lbs.
200')
Total Nitrogen 36,777.45 lbs.
Table 2: Project Activity and Reporting History
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel — Wayne County, NC
Activity or Report Data Collection
Completion or Delivery
RS Neuse River UMBI -
March, 2008
DWR Staff Site visit for suitability and applicability to the Neuse _
February 9, 2015
River Riparian Buffer Rules (15A NCAC 2B .0233)
Draft BPDP February 2015
March 10, 2015
Restoration Activities: -
-
Construction -
Early March 2015
Planting -
April 3, 2015
Final BPDP Approved -
June 8, 2015
Restoration work verification site visit with DWR Staff -
June 9, 2015
Draft As -Built & Baseline Monitoring Document May 2015
August 2015
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Appendix A: General Figures and Tables
DRAFT As -Built & Baseline Monitoring Report — August 2015
Table 3: Project Contact Table
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel — Wayne County, NC
Firm POC & Address
Table 4: Project Baseline Information & Attributes Table
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel — Wayne County, NC
Project Information
Project Name Half -Mile Branch
County Wayne
Project Area (acres) 30.46
Project Coordinates (latitude and longitude) Latitude: 35.38554° , Longitude: - 78.1072°
Project Watershed Summary Information
Physiographic Province Piedmont
River Basin Neuse
USGS Hydrologic Unit 8 -digit 03020201 USGS Hydrologic Unit 14- 03020201200030
digit
DWQ Sub -basin 03 -04 -12
Project Drainage Area, Total Outfall (miles) 2.44 mil
Project Drainage Area Percentage of Impervious Area < 1%
CGIA Land Use Classification Cropland and Pasture
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Appendix A: General Figures and Tables
DRAFT As -Built & Baseline Monitoring Report — August 2015
1101 Haynes Street, Suite 211
Bank Sponsor
Restoration Systems, LLC
Raleigh, North Carolina 27604
George Howard and John Preyer
919- 755 -9490
1101 Haynes Street, Suite 211
Designer:
Restoration Systems, LLC
Raleigh, North Carolina 27604
Raymond Holz
919- 604 -9314
Lloyd Glover; 919.422.3392
Construction Contractor:
Land Mechanics, Inc.
780 Landmark Road
Willow Spring, NC 27592 -7756
Mary- Margaret McKinney 252.482.8491
Planting Contractor:
Carolina Silvics
908 Indian Trail Road
Edenton, NC 27932
Lloyd Glover; 919.422.3392
Seeding Contractor:
Land Mechanics, Inc.
780 Landmark Road
Willow Spring, NC 27592 -7756
Nursery Stock Suppliers:
ArborGen
1.888.888.7158
Baseline Data Collection
Axiom Environmental, Inc.
Grant Lewis; 919.215.1693
218 Snow Ave. Raleigh, NC 27603
Vegetation Monitoring:
Axiom Environmental, Inc.
Grant Lewis; 919.215.1693
218 Snow Ave. Raleigh, NC 27603
Table 4: Project Baseline Information & Attributes Table
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel — Wayne County, NC
Project Information
Project Name Half -Mile Branch
County Wayne
Project Area (acres) 30.46
Project Coordinates (latitude and longitude) Latitude: 35.38554° , Longitude: - 78.1072°
Project Watershed Summary Information
Physiographic Province Piedmont
River Basin Neuse
USGS Hydrologic Unit 8 -digit 03020201 USGS Hydrologic Unit 14- 03020201200030
digit
DWQ Sub -basin 03 -04 -12
Project Drainage Area, Total Outfall (miles) 2.44 mil
Project Drainage Area Percentage of Impervious Area < 1%
CGIA Land Use Classification Cropland and Pasture
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Appendix A: General Figures and Tables
DRAFT As -Built & Baseline Monitoring Report — August 2015
u
Filled Furrow along the UT to Half -Mile Branch
i {
4
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Planting
Appendix B: Baseline Vegetation Data, CVS Output Tables
Table 5 - Planting List
Table 6 - Baseline Vegetation
Figure 4 - Planting Detail
Vegetation Plot Photos 1 — 25
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Appendix B: Baseline Vegetation Data, CVS Output Table
DRAFT As -Built & Baseline Monitoring Report — August 2015
Table 5: Planting List
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel
Vegetation Association: Coastal Plain Bottomland Hardwoods
Area (Acres) Total = 23.45 acres
Vegetation Association: Coastal Plain Bottomland Hardwoods
Species
Number Planted
% of Total
Total
River birch (Betula nigra )
2,000
16.67%
2,000
Ironwood (Carpinus caroliniana)
1000
8.33%
1,000
Green ash (Fraxinus pennsylvanica)
3000
25.00%
3,000
Black gum (Nyssa sylvatica)
1000
8.33%
1,000
Water oak (Quercus nigra)
4400
36.67%
4,400
Willow oak (Quercus phellos)
600
5.00%
600
Total
12,000
100%
12,000
Table 6: Baseline Vegitation Data
Project Name: Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel
Current Plot Data (MYO 2015)
15.009 -01 -0001 15.009 -01 -0002
15.009 -01 -0003 15.009 -01 -0004
15.009 -01 -0005
15.009 -01 -0006
15.009 -01 -0007
15.009 -01 -0008
15.009 -01 -0009
15.009 -01 -0010
15.009 -01 -0011
15.009 -01 -0012
15.009 -01 -0013
Scientific Name
Common Name
Species Type
PnoLS P -all T PnoLS P -all T
PnoLS P -all
T PnoLS P -all T
PnoLS P -all T
PnoLS
P -all T
PnoLS P -all T
PnoLS
P -all
T PnoLS P -all T
PnoLS
P -all T
PnoLS P -all T
PnoLS P -all T
PnoLS
P -all
T
Betula nigra
river birch
Tree
4 4 4 1 1 1
2 2
2 2 2 2
1 1 1
3
3 3
1 1 1
4
4
4
2
2 2
3 3 3
1 1 1
2
2
2
Carpinus caroliniana
American hornbeam
Tree
1
1
1
1
1
1
Fraxinus pennsylvanica
green ash
Tree
7 7 7 6 6 6
3 3
3 3 3 3
2 2 2
5
5 5
6 6 6
1
1
1 5 5 5
2
2 2
5 5 5
2 2 2
3
3
3
Nyssa sylvatica
blackgum
Tree
1 1 1 1 1 1
1 1 I
Quercus
oak
Tree
3
3 3
4
4 4
1 1 1
3 3 3
1
1
1
Quercus nigra
water oak
Tree
2 2 2 2 2 2
2 2
2 1 1 1
7 7 7
1 1 1
1
1
1 3 3 3
4
4 4
2 2 2
2 2 2
2
2
2
Quercus phellos
willow oak
Tree
2 2 2
2
2 2
1 1 1
1
1
1
Unknown
Tree
2 2
2 3 3 3
3
3
3 2 2 2
Stem count
14 14 14 10 10 10
9 9
9 9 9 9
10 10 10
11
11 11
10 10 10
10
10
10 10 10 10
14
14 14
11 11 11
10 10 10
10
10
10
size (ares)
1 I
1
1
1
1
1
1
1
1
1
1
1
size (ACRES)
0.02 0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
Species count
4 4
4 4 4
4
4 4
4 4 4
4
3 3
3
3
3
3
4 4
4
5
5
5 3 3
3
5
5
5
4 4
4
6 6
6
6
6
6
Stems per ACRE
566.56' 566.56 566.56 404.69 404.69 404.69 364.22 364.22
364.22 364.22 364.22 364.22
404.69 404.69 404.69
�t3 �
445.15 445.15
404.69 404.69 404.69 404.69
404.69 404.69
404.69 404.69 404.69
566.56
566.56 566.56 445.15 445.15 445.15 404.69 404.69 404.69
404.69 1
404.69 404.69
15.009 -01 -0014 15.009 -01 -0015
15.009 -01 -0016 15.009 -01 -0017
15.009 -01 -0018
15.009 -01 -0019
15.009 -01 -0020
15.009 -01 -0021
15.009 -01 -0022
15.009 -01 -0023
15.009 -01 -0024
15.009 -01 -0025
MYO
(2015)
Scientific Name
Common Name
Species Type
PnoLS P -all T PnoLS P -all T
PnoLS P -all
T PnoLS P -all T
PnoLS P -all T
PnoLS
P -all T
PnoLS P -all T
PnoLS
P -all
T PnoLS P -all T
PnoLS
P -all T
PnoLS P -all T
PnoLS P -all T
PnoLS
P -all
T
Betula nigra
river birch
Tree
3 3 3
4 4
4 4 4 4
1 1 1
1
1 1
4 4 4
2
2
2
1
1 1
1 1 1
4 4 4
51
51
51
Carpinus caroliniana
American hombeam
Tree
1 1 1
1 1 1
2 2 2
6
6
6
Fraxinus pennsylvanica
green ash
Tree
6 6 6 3 3 3
2 2
2 2 2 2
1 1 1
4
4 4
3
3
3 1 1 1
4
4 4
6 6 6
6 6 6
88
88
88
Nyssa sylvatica
blackgum
Tree
1 1 1
4
4
4
Quercus
oak
Tree
2 2 2
3 3
3 2 2 2
5 5 5
1
1 1
5 5 5
1 I 1
3
3 3
1 1 1
1 1 1
36
36
36
Quercus nigra
water oak
Tree
3 3 3
3 3 3
5
5 5
1 1 1
2
2
2 2 2 2
1 1 1
2 2 2
48
48
48
Quercus phellos
willow oak
Tree
2 2 2
1 1
1
1
1 1
1
1 1
11
11
11
Unknown
Tree
2 2 2
3
3 3
15
15
15
Stem count
11 I 11 10 10 10
10 10
10 12 12 12
8 8 8
12
12 12
10 10 10
7
7
7 5 5 5
12
12 12
11 11 11
13 13 13
259
259
259
size (ares)
1 1
1
1
1
1
1
1
1
1
1
1
25
size (ACRES)
0.02 0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.02
0.62
Species count
3 3
3 4 4
4
4 4
4 5 5
5
4 I 4
4
5
5
5
3 3
3
3
3
3 4 4
4
5
5
5
5 5
5
4 4
4
8
8
8
Stems per ACRE
445.15 445.15 445.15 404.69 404.69 404.69 404.69 404.69
404.69 485.62 485.62 485.62
323.75. 323.75 323.75
485.62 485.62
404.69 404.69 404.69
283.28 283.28
202.34 202.34 202.34
485.62
485.62 485.62 445.15 445.15 445.15 526.09 526.09 526.09
419.25
419.25 419.25
Color for Density
Abbreviations for Stem Counts
Exceeds requirements by 10%
PnoLS - Planted Species, no live stakes
Exceeds requirements, but by less than 10%
P - all planted species
Fails to meet requirements, by less than 10%
T - Planted and Natural Recruits
"-:iineet requirements by more than 10%
.s�'�
,.- r-
Appendix C: NC DWR Stream Determination
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Appendix C: NC DWR Stream Determination
DRAFT As -Built & Baseline Monitoring Report — August 2015
A2A9=i `A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 23, 2015
Mr. Danny Howell
313 Lassiter Road
Princeton, NC 27569
Subject: Surface Water Determination Letter
Determination Type:
Buffer Call -
Isolated or EIP Call
Donald R. van der Vaart
Secretary
® Neuse (15A NCAC 213 .0233)
❑ Tar - Pamlico (I 5A NCAC 2B .0259) ❑ Ephemeral /Intermittent /Perennial Determination
❑ Jordan (15A NCAC 2B.0267) ❑ Isolated Wetland Determination
Project Name: Half Mile Mitigation Site
Location/Directions: 2175 Old Smithfield Road, Goldsboro, NC
Subject Stream: Half Mile Branca & UT to Half Mile Branch
Determination. Date: February 9, 2015 Staff: Katie Merritt & Anthony
Scarbrough
DWR4 2015 -0028
Wayne County
Stream EIIiP* i Not Subject Subject Start[? Stop', Soil USGS
Survey Topo
S1 I X Property throughout X X
boundary
S2 i I X Property throughout X X
boundary
*EfI/P = Eph emeral/Irttnnnittent/Perena:ial
Explanation: Katie Merritt and Anthony Scarbraugh with Division of Water Resources (DWR), visited
the subject site on February 9, 2015, at the request of Raymond Holz with Restoration Systems, LLC.
The features listed above have been Located on the Sail Survey of Wayne County, North Carolina and the
most recent copy of the USGS Topographic map at a 1:24,000 scale, and are labeled on the attached maps
initialed by Ms. Merritt on February 23, 2015. Features that are checked "Subject" have been located on
the property and possess characteristics that qualify it to be a stream. There may be other streams located
on your property that do not show up on the maps referenced above but. still may be considered
jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR).
Division of Water Resouroes - 441 and Buffer PermjWng Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Loeation: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919- 807-68001 FAX: 918 - 847 -6494
Internet: www.ncwaterquality.org
2175 Old Smithfield Road
Wayne County
2123115
Page 2 of 2
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR or Delegated Local Authority may request a
determination by the Director. An appeal request trust be made within sixty (60) days of date of this letter
or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter.
A request for a determination by the Director shall be referred to the Director in writing c/o Karen
Higgins, DWR 441 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27+699.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within
sixty (60) days.
The owner /future owners should notify the Division of Water Resources (including any other Local, State,
and Federal Agencies) of this decision concerning any future correspondences regarding the subject
property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any
inquiries should be directed to the Division of Water Resources (Central Office) at (919) -807 -6300, and the
US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) - 5544884.
If you have questions regarding this determination, please feel free to contact Katie Merritt at (919) 807-
6371.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH/km
Attachments: Initialed Soil Survey and Aerial Map
cc: WaRO DWR File Copy
Raymond Holz — Restoration Systems, LLC (via electronic mail)
r h (gip —
r
Half Mile Branch -
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d r• �t�j�
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j�� �. �, ' tea. ► y,
l Blue Line Streams .M '� h t� -jt�v� ,�,J s'� �( r '• I. - y. }. i•.
Surface Conveyance {SC}
r
Howell Parcel Boundary
i++
Bank Parcel Boundary
ilk AW
RESTORATION SYSTEMS, LLC SCALE 1 in= 3758
1101 HAYNESST, SUITE 211 DATE: 1_2015 Half Mile Bank Parcel
RALEIGH, NC 27604 -- Figure 3. Aerial Overview
PHONE : 919.755.8490 NEUSE 01
FAX: 919.755.9492 —
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
February 25, 2015
Mr. Raymond Holz
Restoration Systems, LLC
(via electronic. mail)
Re: Site Viability for Buffer Mitigation & Nutrient Offset -- Half Mile Branch
2175 Old Smithfield Rd, Goldsboro, NC
Wayne County
Dear Raymond,
Donald R. van der Vaart
Secretary
On January 8, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from
Restoration Systems, LLC (RS) for a site visit to the above - referenced site to detennine the site's potential
for nutrient offset and Neuse riparian buffer mitigation. On February 9, 2015, Ms. Merritt, along with
Anthony Scarbraugh of DWR, performed a site assessment of the subject site. Existing conditions onsite
were determined to be active row crop agriculture. Ms. Merritt assessed each feature, as proposed on the
attached map by RS, to determine its ability to deliver nutrients to downstream waters. If approved,
mitigating this site could provide both riparian buffer credits and nutrient offset credits within the 8 -digit
Hydrologic Emit Code (HUQ 03020201 of the Neuse River Basin, excluding the Falls Watershed for
nutrient offset.
Overall, the site appeared to be a good candidate for buffer mitigation and nutrient offset. Details of the site
assessment for determining its viability for mitigation are provided below:
• Both streams onsite were determined to be at least intermittent and are suitable for riparian buffer
restoration outside of the forest fringes. A supporting stream determination letter is required.
• Multiple perpendicular conveyances had been recently dug by the landowner through the buffers,
thus creating an outlet to the streams for drainage. These conveyances must be filled and stabilized
to allow diffuse flow of stormwater through the buffer.
• Ditches A, C and D are suitable for riparian restoration to generate nutrient offsets. Existing trees
and fringes must be calculated out of the total proposed mitigation area.
• Ditch D was not determined to be suitable for riparian restoration onsite due to the inability of staff
to observe the direction of flow of stormwater within the ditch. The layout of the land, along with a
lidar map provided by Mr. Scarbraugh, indicated that stormwater draining to this ditch may not be
conveyed to the stream downstream of the ditch. However, if RS wants to propose Ditch D in the
mitigation plan, RS must provide documentation that the ditch conveys stormwater runoff to the
stream onsite.
Division of Water Resources - 401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919- 847 -63001 FAX: 919 -807 -6494
Internet: www.ncwaterquality.org
An Equal OppurturOy � Athrmalive Action Employer — Made in part by recycled paper
• The presence of a culvert along the northern part of Ditch A needs to be cleaned out or removed in
order to not impede flow and affect the connectivity of this section to the rest of the system.
• Plants chosen for this site need to be well adapted to wet, poorly drained soils.
A map showing the project site and the different features is provided and signed by Ms. Merritt on February
23, 2415. Please contact Katie Merritt at (919) -$07 -5371 if you have any questions regarding this
correspondence.
Sincerely,
k 1
Karen Higgins, Supervisor
401 and Buffer Permitting Unit
KAHA M
Attachments: Site Aerial Map
cc:File Copy (Katie Merritt)
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RESTORATION SYSTEMS,LLC SCALE:1in =3758 w
1101 HAYNES ST, SUITE 211 DAM 1 _2015 Half Mile Bankl'arcel
RALEIGH, NC 27604 Figure 3. Aerial Overview
PHONE : 919.755.9490 NEUSE 01
FAX: 919.755.9492
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Appendix D: Conservation Easement
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Appendix D: Conservation Easement
DRAFT As -Built & Baseline Monitoring Report — August 2015
Page 1 OW
090K 315 3 PAGE 191
Indexed
Doe ID: 011258170010 Type: CRP
Recorded: 05/01/2015 at 12:55:36 PM
Fee Amt: $636.00 Page i of 10
Revenue Tax: $610.00
WAYNE COUNTY, NC
LOIS J MOORING REGISTER OF DEEDS
BK3153PG191 -200
Prepared by and Return to: Samuel T. Oliver, Jr.
Manning, Fulton & Skinner, P.A.
P. O. Box 20389
Raleigh, NC 27619 -0389
STATE OF NORTH CAROLINA
COUNTY OF WAYNE
Excise Tax $610.00
PERMANENT CONSERVATION
EASEMENT
Cf 1�
THIS PERMANENT CONSERVATION EASEMENT ( "Conservation Easement ") made
as of this 1St day of May, 2015 by and between Danny Howell and wife, Peggy A. Howell
(Grantor ") and RESTORATION SYSTEMS, LLC, a North Carolina limited liability company
( "Grantee ").
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Wayne County, North Carolina, more particularly described as the Conservation Easement Area
in Exhibit A attached hereto and incorporated herein ( "Property "); and
WHEREAS, Grantor and Grantee desire to facilitate the establishment of an
environmental mitigation bank on the Property as more particularly described herein; and
WHEREAS, Grantee agrees that it shall cause the appropriate environmental mitigation
and restoration to be accomplished on the Property as more particularly set forth herein and,
upon completion of such restoration and mitigation, Grantee will assign this Conservation
823361.STO.26275.T27032 I
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Page 2 0
8NK 315 3 PAGE 192
Easement to a non - profit corporation or trust whose purpose is the conservation of property and
which is qualified to be the grantee of a conservation easement pursuant to N.C. Gen. Stat. §121-
34 et. sew and Internal Revenue Code § 170(h); and
WHEREAS, the Half -Mile Branch Bank Parcel is identified on Exhibit A attached
hereto and incorporated herein by reference and on that plat recorded in Plat Cabinet 0, Slide 24l
Wayne County; and
WHEREAS, the preservation of the Half -Mile Branch Bank Parcel is required and
governed by Grantee's Neuse River Basin Riparian Buffer and Nutrient Mitigation Umbrella
Banking instrument ( "Nutrient Mitigation Banking Instrument ") on file with the North Carolina
Division of Water Quality ( "DWQ ");
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation
Easement of the nature and character and to the extent hereinafter set fortis, over the Property described.
on Exhibit A, together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall. be perpetual. This conservation Easement is an easement in
gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal
representatives, heirs, successors and assigns, lessees, agents and licensees.
ARTICLE Il.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use o£ the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any
development that world impair or interfere with the conservation values of the Property.
Without limiting the generality of the foregoing, the follouPing activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction of non - native plants and/or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above
the Property.
823361 ST0 .26275.T27Q32 2
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Page 3 of 10
890K 315 3 Pik 19 3
C. Industrial. Commercial . and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Veaetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no constn-uction of roads, trails or walkways on the
Property; nor enlargement or modification to existing roads, trails or walkways.
G. Sianaae. No signs shall be penni.tted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as
owner of the property.
H. Dum.vina or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is prohibited.
I. Excavation. Dredaina or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal oftopsoil, sand, gravel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Property, except to restore natural
topography or drainage patterns.
J. Water Oualitv and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means, removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by
this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Velucles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt bikes, all - terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
823361.STO.26275.T27032
ARTICLE III
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Page 4 of 10
400 315 3 PACE 19 4
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for itself, and its successors or assigns, the right to continue
the use of the property for all purposes not inconsistent with this Conservation Easement, including,
but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the
right to hunt, fish, and. hike on the Property, the right to sell, transfer, gift or otherwise convey the
Property, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of,
and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and
assigns, the right to construct Riparian, buffer and nutrient offset mitigation. on the Property, in
accordance with the detailed mitigation plan approved in accordance with the Bank Parcel
Development Package as defined in Article VI.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the North Carolina
Division of Water Resources ( "NCDWR ") shall have the right to enter the Property at all reasonable
times for the purpose of inspecting the Property to determine if the Grantor, or its successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement,
The Grantee shall also have the right to enter and. go upon the Property for purposes of making
scientific or educational observations and. studies, and taking samples. The easement rights granted .
herein. do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any
activity on or use of the Property that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Property that may be damaged by such activity
or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the
attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such
breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation
Easement by appropriate legal. proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a
temporary restraining order, injunctive or other appropriate relief if the breach of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation. Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of
all other rights and remedies available to Grantee in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and
attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the
breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the
Grantee.
823361.STO.26275: x27032 4
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Page 5 of 10
BUHR 31 S 3 PAGE 19 5
B. No failure on the part of the, Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in. this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property resulting from causes
beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or
third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith. by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
property or hams to the Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to this
Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the
benefits derived from and arising out of this Conservation. Easement, and that Grantor will warrant
and defend title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Property. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior
to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation
Easement shall survive any merger of the fee and easement interests in the Property or any portion
thereof and shall not be amended, modified or terminated without the prior written consent and
approval of the NCDWR.
C. Assil7nment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and
agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving
the interest will be a qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the
Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to continue in perpetuity the
conservation purposes described in this document.
D. Entire Aareement and Severability. This instrument sets forth the entire agreement of
the parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If any provision is
found to be void or unenforceable by a court of competent jurisdiction, the remainder shall continue in
full force and etTect.
E. Oblations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor, provided that Grantor shall be entitled to place
823361. ST0.26275.1'27032
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Page 6 of10
ON 315 3 FAG €19 f
deeds of trust upon the Property which are subordinate to this Conservation Easement. In exercising
its rights under this Conservation Easement, Grantee shall comply with all applicable federal, state and
local laws, regulations and permits, and Grantee shall not take any action or allow any condition upon
the Property that unreasonably interferes with Grantor's use and enjoyment of its other property which
adjoins the Property. Grantee shall not be responsible for any costs or liability of any kind related
to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with
federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved
Rights.
F. Extinauishment. In. the event that changed conditions render impossible the continued use
of the Property for the conservation purposes, this Conservation Easement may only be extinguished,
in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or pail of the Property is taken in the exercise of eminent
domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement,
Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full
value of the taking, and all incidental and. direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily
converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to
the fair market value of this Conservation Easement. The parties stipulate that the fair market value
of this Conservation Easement shall be determined by multiplying the fair market value of the
Property unencumbered by this Conservation Easement (minus any increase in value after the date of
this grant attributable to improvements) by the ratio of die value of this easement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation Easement) at
the time of this grant. The values at the time of this grant shall be the values used, or which would have
been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the
Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share
of the proceeds in a manner consistent with the purposes of this Conservation Easement.
1. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
To Grantor:
Danny and Peggy A. Howell
313 Lassiter Road
Princeton, NC 27569 -7147
To Grantee:
Restoration. Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
823361.ST0.26275127032
Book: 3153 Page: 191 Seq:6
Page 7 of 10
BOOK 315 3 PAS 19 7
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time
after the occurrence of one of these events Grantee fails to make an assignment pursuant to this
Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in
accordance with an appropriate proceeding in a court of competent jurisdiction,
K. Amendment. This Conservation Easement may be amended, but only in a writing signed by
all parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement or the status of the Grantee under any applicable laws, and is consistent with the
conservation purposes of this grant.
L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and
other natural characteristics of the Property, and its current use and state of improvement, are
described in the Half -Mile Branch Hank Parcel Development Package dated May, 2015, prepared by
Grantor and acknowledged by the Grantor and Grantee to be complete and accurate as of the date
hereof Both Grantor and Grantee have copies of this report. It will be used by the parties to assure
that any future changes in the use of the Property will be consistent with the terms of this
Conservation Easement. However, this report is not intended to preclude the use of other evidence to
establish the present condition of the Property if there is a controversy over its use.
TO IIAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
[signatures continued can the following page]
823361.ST0.26275727032 7
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P,age8of10
BOOK 315 3 PAGE 19 8
IN TESTIMONY WHEREOF, the Grantor has hereunto set lus hand and seal, the day and year first
above written.
GRANTOR:
(SEAL)
Danny Howell
a A�-Ileff
(SEAL)
Pegjp Dwell
NORTH CAROLINA
COUNTY OF Wayne
1 Leigh L. Stroud , a Notary Public in and for the County
and State aforesaid, do hereby certify that Danny Howell and wife, Peggy A. Howell, collectively,
Grantor, personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
IN WITNESS WHEREOF, I have hereunto set my (land and Notary Seal this the 30 day of
April 2015.
' „ n eeeauu�i��•
Notary Pub
My commission expires:
2 L IC s
May 31, 2015 0
32336 f .STO.26275.T27032 8
Book: 3153 Page: 191 Seq:8
Page 9 ofi 10
ON 3!53 PAN 199
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first
above written.
GRANTEE:
Restoration ystems L C�
133
r
Its:
L
NORTH CAROLINA
COUNTY OF
I, U0 IZ- a Notary Public of said County and State,
certify that &,j A,-,Q personally came before me this day and
acknowledged that (s)he is of RESTORATION SYSTEMS,
LLC, a North Carolina limited liability company, and that he as C. iF. G.
being authorized to do so, executed the foregoing on behalf of Restoration Systems, LLC.
WITNESS my hand and official seal, this 3 day of A Pl` IL- 2015.
(Notary Seal)
ary blic
My Commission Expires: No
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., %,;OINIO �y��''
�Q cP g9c�:
August
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2016 =
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82336 I .STO26275.T27032
9
Book: 3153 Page: 191 Seq:9
Page 10 of 10
BOOK 315 3 PAR fl fl
EXHIBIT A
Being all of Section A containing 23.07 acres and all of Section B containing 7.39 acres as
shown on that plat entitled: "Conservation Easement Survey for Restoration Systems, LLC of
the Half -Mile Branch Bank Parcel (On a Portion of The Howell Property)" dated 4/22/2015,
prepared by K2 .Design Group, P.A. and recorded in Plat Cabinet 0, Slide 24 I, Wayne County
Registry.
Together with and including a permanent, non - exclusive, perpetual easement for the purposes of
pedestrian and vehicular ingress, egress, and regress between Tract A and Tract B over and
across that certain fifteen (15') foot wide strip shown as "Access Easement" and containing
approximately 0.01 acres as shown on the above referenced plat.
823361.STO.26275.1-27032
10
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Appendix E: Financial Assurance
Per the Restoration Systems' Neuse River Basin Riparian Buffer & Nutrient Umbrella Mitigation Banking
Instrument (Banking Instrument), and signed March 17, 2008 between Restoration Systems and the North
Carolina Division of Water Resources (DWR),
Financial Assurance Requirements: Following approval of the BPDP, Restoration
Systems, LLC shall provide a Performance Bond from a surety that is rated no less than an
"A -" as rated by A.M. Best. The Performance Bond amount shall be two times the
estimated cost for implementation of the restoration plan included in the BPDP, but no less
than $150,000.00 in amount. After completion of the construction, a Monitoring Bond will
be substituted for the Performance Bond. The Penal Sum of said Monitoring Bond shall be
for two times the estimated cost to implement the monitoring and maintenance Dlan but no
less than $150,000.00 in amount. The Monitoring_ Bond shall be in effect for a period of
five vears.
A monitoring bond in the amount of $150,000.00 will be provided with the Final As -Built &
Baseline Monitoring Report.
Half -Mile Branch Riparian Buffer & Nutrient Offset Bank Parcel Appendix D: Conservation Easement
DRAFT As -Built & Baseline Monitoring Report — August 2015