20180181 Ver 3_Buffer Plan for PN_20191030

Appendix I
Scarborough Buffer Mitigation & Nutrient Offset
Plan
Riparian Buffer & Nutrient Offset Mitigation Bank
DWR #2018-01810
Wayne County, North Carolina
Neuse River Basin (HUC 03020202)
FINAL October 2019
Prepared by:
WATER & LAND SOLUTIONS
7721 SIX FORKS ROAD, SUITE 130, RALEIGH, NC 27615
(919) 614 - 5111 1 waterlandsolutions.com

Scarborough Buffer Mitigation & Nutrient Offset Plan
Table of Contents
1 Introduction...............................................................................................................................................4
1.1 Project Location............................................................................................................................ 4
1.2 Project Description........................................................................................................................4
2 Project Area - Existing Conditions.............................................................................................................. 5
2.1 Reach Descriptions........................................................................................................................5
2.2 Existing Wetlands..........................................................................................................................6
2.3 Soils...............................................................................................................................................6
2.4 Existing Vegetative Communities.................................................................................................7
2.5 Threatened and Endangered Species...........................................................................................7
2.6 Cultural Resources........................................................................................................................7
2.7 Constraints....................................................................................................................................8
2.8 FEMA Floodplain / Floodway Mapping.........................................................................................8
3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan.....................................................................8
3.1 Parcel Preparation........................................................................................................................9
3.2 Riparian Restoration.....................................................................................................................9
3.3 Riparian Preservation..................................................................................................................10
3.4 Planting.......................................................................................................................................10
4 Monitoring and Maintenance Plan..........................................................................................................11
4.1 Monitoring Protocol....................................................................................................................11
4.2 Performance Standards for Vegetation Adjacent to Single -Thread Streams .............................11
4.3 Performance Standards for Vegetation Adjacent to Coastal Headwater Streams ....................11
4.4 Performance Standard for Coastal Headwater Streams............................................................12
4.5 Adaptive Management Plan.......................................................................................................13
4.6 Conservation Easement..............................................................................................................13
5 Credit Release Schedule...........................................................................................................................13
6 Financial Assurance..................................................................................................................................14
7 Mitigation Potential.................................................................................................................................15
8 Citations...................................................................................................................................................17
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Scarborough Buffer Mitigation & Nutrient Offset Plan
Figures
Figure1...............................................................................................................................Service Area Map
Figure2.........................................................................................................................Project Location Map
Figure3.................................................................................................................................. NRCS Soils Map
Figure4.................................................................................................................................. Floodplain Map
Figure5.............................................................................................................................Existing Conditions
Figure 6................................................................................Proposed Buffer and Nutrient Restoration Plan
Figure 7.............................................................................Stream and Wetland Mitigation Conceptual Plan
Figure 8................................................................................................................ Proposed Monitoring Map
Appendices
Appendix A............................................................................................... DWR Determinations and Viability
Appendix8...................................................................................................................................... Photo Log
Appendix C..................................................................................................... Model Conservation Easement
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Scarborough Buffer Mitigation & Nutrient Offset Plan
1 Introduction
The Scarborough Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel") is proposed under the terms
and conditions of the Scarborough Nutrient Offset and Buffer Mitigation Banking Instrument (MBI), made
and entered into by Water and Land Solutions, LLC (WLS), acting as Bank Sponsor ("Sponsor"), and the
North Carolina Department of Environmental Quality ("NCDEQ"), Division of Water Resources ("DWR").
The Parcel shall be planned and designed according to the MBI, 15A NCAC 0213.0240, and the Consolidated
Buffer Mitigation Rule 15A NCAC 02B .0295, which became effective on November 1, 2015. The Buffer
Mitigation & Nutrient Offset Plan (Plan) will be designed in concurrence with the WLS Neuse 02 Stream
and Wetland Umbrella Mitigation Bank, Scarborough Mitigation Site (SAW #2017-02527). The mitigation
plan for the Scarborough Mitigation Site has been submitted to the Interagency Review Team and a
prospectus has been approved.
This Parcel is proposed to provide riparian buffer and nutrient offset mitigation credits for unavoidable
impacts due to development in the Neuse River Basin, United States Geologic Survey (USGS) 8-digit
Hydrologic Unit Code (HUC) 03020202. Nutrient offset credits may be used for stormwater requirements
for new and existing development requiring nutrient offsets. The Parcel service area is depicted in Figure
1.
1.1 Project Location
The Parcel (35.3211000 N,-77.98972222 W) is located in Wayne County, North Carolina, approximately
four miles south of the Town of Goldsboro (Figure 2). The site boundary is within the 8-digit HUC
03020202, in the NCDEQ sub -basin 03-04-05 (Warm Water Thermal Regime). To access the site from
Raleigh, NC, follow US Interstate 540 East towards Wendell/Zebu Ion. Take Exit 26B towards US Highway
64 East/US Highway 264 East toward Wilson and Rocky Mount. Continue for approximately 14 miles and
keep right to continue on US-264 E towards Wilson/Greenville. Continue for approximately 19 miles and
continue onto US Interstate 1-795 South / US-264 E. Continue for approximately five miles and take Exit
43 C towards Gold sboro/Kenly. Continue for approximately 22 miles on 1-795 S. Merge onto US Highway
117 South/US Highway 13 South and continue for approximately two miles. Turn left onto Arrington
Bridge Road and continue approximately three miles. Turn right onto Casey Mill Road and continue
approximately 0.2 miles and arrive at the site entrance on the right.
1.2 Project Description
The Parcel encompasses land along unnamed tributaries to the Neuse River in Wayne County, NC, and is
in row crop agricultural and silvicultural land use. Historically, the project stream reaches have been
extensively ditched to promote rapid drainage from the adjacent farm fields. This disturbance has resulted
in stream channel incision and a permanent disconnection from the streams' relic floodplain. Most of the
project stream reaches have been completely or partially cleared with some areas of forested or
successional riparian buffer. Currently, the project reaches act as significant sources of nutrient
contamination to the project watershed and the Neuse River.
The project will involve the restoration of Neuse buffers and other riparian areas in order to help reduce
non -point source discharge of contaminants into streams and agricultural ditch channels within the Neuse
River basin. The project area is comprised of two easements and is approximately 239 acres, which
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Scarborough Buffer Mitigation & Nutrient Offset Plan
includes the stream and wetland mitigation areas. The Parcel streams drain directly to the Neuse River
which is listed as 'Class C' and Nutrient Sensitive Waters (C; NSW), according to the North Carolina Division
of Water Resources (NCDWR) (2018).
Out of the 239 acres, 16.21 acres will be restored for Neuse buffer credit and 15.80 acres will be restored
for nutrient offset restoration credit. In general, Neuse buffer widths will extend a minimum width of 50
feet from tops of stream banks, while nutrient offset restoration area widths will extend out to a maximum
of 200 feet from the top of the channel or ditch bank. The buffer restoration credit adjacent to coastal
headwater stream mitigation is classified as alternative mitigation under Rule 15A NCAC 02B .0295 (o)(2)
and is discussed in Section 3.3. The DWR performed an onsite Site Viability for Buffer Mitigation and
Nutrient Offset on January 11, 2019 (letter dated March 29, 2019) for the Parcel (Appendix A). Another
Site Viability for Buffer Mitigation and Nutrient Offset was completed for Reach UT1-113 (Scarborough
Phase 2) and was issued July 10, 2019. The buffer mitigation and nutrient offset viability will be based on
the proposed site conditions.
2 Project Area - Existing Conditions
2.1 Reach Descriptions
UT1-RI originates as a small headwater stream tributary towards the top of the catchment. The perennial
stream reach has a drainage area of 116 acres. Due to historic land use activities (silviculture), it is likely
the stream was straightened and heavily manipulated. In this upper catchment area, multiple ditches and
flow paths originate at hillslope seeps within a relatively undeveloped drainage area. These headwater
systems are currently high -functioning, with associated riparian wetlands before flowing into the adjacent
field areas. The riparian buffer and habitat features along this reach segment have been degraded through
the removal of native buffer vegetation and ditching activities.
UT1-112 continues flowing to the northeast towards the Neuse River. UT1-112 has a drainage area of 515
acres at the downstream terminus near the Casey Mill Road culvert crossing. Because of historic land use
activities (row crop agriculture), the stream has been straightened, and the associated wetlands have
been ditched. In this area, a series of small lateral ditches connect to the primary flow path, indicating
seasonally wet conditions are present throughout the floodplain. UT1-112 is actively subject to water
quality stressors, mainly in the form of nutrient inputs and minimal riparian buffer widths.
UT1-113 continues flowing to the northeast towards the Neuse River below the culvert crossing. UT1-113
has a drainage area of 603 acres at the downstream terminus near the existing culvert crossing at
Arrington Bridge Road. The stream has been straightened/channelized, and the associated wetlands have
been ditched and drained. Based on a review of current soils evaluation, historic soils and LiDAR, the valley
morphology and crenulations would likely support a more natural meandering stream system. UT1-113 is
actively subject to water quality stressors, mainly in the form of nutrient inputs and minimal riparian
buffer widths.
UT1A is a small intermittent headwater tributary that flows northeast to its confluence with UT1-RI. In
this upper catchment area, multiple ditches and flow paths exist that originate at a hillslope seep within
a relatively undeveloped drainage area. UT1A has a drainage area of 71 acres. Within the project area,
this stream was historically relocated, straightened and deepened, likely for farming and/or flood control
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Scarborough Buffer Mitigation & Nutrient Offset Plan
purposes. The channel has been relocated against the edge of the field and straightened to drain the
adjacent fields.
UT1B is a small intermittent headwater tributary that flows south to its confluence with UT1-RI. In this
upper catchment area, multiple ditches and flow paths exist and originate above Pecan Road. UT1B has a
drainage area of 55 acres. Within the project area, this stream was historically straightened and deepened,
likely for farming and/or flood control purposes. The channel has been straightened to drain the adjacent
fields. Fine sediments have deposited in the reach, and the channel has limited bedform diversity and
habitat functions. The upstream portion of UT1B has been manipulated in the past, but is relatively stable.
UT1B is actively subject to water quality stressors, mainly in the form of nutrient inputs and marginal
riparian buffer widths.
UT2 transitions from a wooded area north of the property boundary where the stream transitions from a
stable multi -thread headwater system to a channelized stream with no riparian buffer vegetation. The
perennial tributary has a drainage area of 176 acres. UT2 is actively subject to water quality stressors,
mainly in the form of nutrient inputs and minimal riparian buffer widths.
UT3 flows southward towards UT1-112 and has a drainage area of 86 acres. The degraded stream and
wetland system in this area has been heavily manipulated in the past (row crop agriculture). The current
stream conditions are ditched/straightened throughout the entire reach length. UT3 is actively subject to
water quality stressors, mainly in the form of nutrient inputs and no riparian buffer vegetation.
2.2 Existing Wetlands
Based on preliminary site investigations, including hand augered soil borings, it is likely that jurisdictional
wetlands were once present throughout the headwater stream valleys, and the extent of the existing
wetland areas was determined by the valley crenulations and overall bottom widths. When on -site
streams were straightened and/or dredged, groundwater elevations were altered such that many of the
historic wetlands along the stream fringe were drained and lost. These areas have been utilized for
agriculture (row crop) production over the past fifty years and have lost a majority of historic wetland
function. A preliminary jurisdictional determination package is provided in Appendix F of the Stream and
Wetland Mitigation Plan.
However, because of extensive ditching activities and subsequent groundwater and hydrology impacts,
these areas are not currently considered to be existing jurisdictional wetlands. Areas within the site that
were not timbered or where stream sections were not severely modified maintain the presence of
jurisdictional wetlands.
2.3 Soils
The Parcel is located in the Inner Coastal Plain Physiographic Region. The project area is located along the
Neuse River which represents a transitional zone or fall line between the eastern Piedmont and Inner
Coastal Plain. As shown on the NRCS Soils Map (Figure 3), there are four main soil types on the Parcel:
Dragston loamy sand, Nahunta very fine sandy loam, Lumbee sandy loam, and Lakeland sand. The Parcel
soils are commonly defined by a sandy loam surface layer, predominantly sandy and loamy subsoil
alluvium located along backswamps and stream terraces.
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Scarborough Buffer Mitigation & Nutrient Offset Plan
Table 1. Project Soil Types
Dr Dragston loamy sand, 0-
A/D
2% slopes
Na Nahunta very fine sandy
C/D
loam, 0-2% slopes
Lv Lumbee sandy loam, 0-2%
B/D
slopes
La Lakeland sand, 0-6%
A
slopes
2.4 Existing Vegetative Communities
Somewhat
Northeastern area of parcel
poorly
Somewhat
UT1-RI, UT1-R2,UT1-R3, UT2,
poorly
and UT3
Poorly
Majority of parcel and
adjacent to all reaches
Excessively
Northeastern corner of parcel
Row Crop Areas
The majority of the Parcel is in row crop production as soybean and corn. These areas are being proposed
for riparian restoration to generate riparian buffer mitigation and will follow the coastal headwater
guidance. UT1-R2 and UT1-R3 will be a single -thread channel proposed for restoration and can generate
riparian buffer mitigation and/or nutrient offsets.
Forested Areas
The upstream area of UT2 and UT1A is in a bottomland hardwood forest consisting of water oak (Quercus
nigra), swamp chestnut oak (Quercus michauxii), white oak (Quercus alba), sweetgum (Liquidambar
styraciflua), winged elm (Ulmus alata), and red maple (Acer rubrum). This area is a coastal headwater
stream and is not viable for riparian buffer preservation credit.
Invasive Species
There are currently no substantial communities of invasive plant species within the proposed project
boundaries. Some small, immature Chinese privet (Ligustrum sinense) plants and multiflora rose (Rosa
multiflora) were observed on the periphery of the project area and existing riparian buffer areas. These
areas will be monitored by WLS, and any invasive plants found within the project boundary will be treated
to prevent expansion and establishment of a substantial invasive community.
2.5 Threatened and Endangered Species
Based on a review of the US Fish and Wildlife Service (USFWS) database, there are currently four federally -
listed threatened and endangered species known to occur in Wayne County: (E) Red -cockaded
woodpecker (Picoides borealis), (E) Dwarf wedgemussel (Alasmidonta heterodon), (E) Tar River
spinymussel (Parvaspina steinstansana) and (T) Yellow lance (Elliptio lanceolate). Based on coordination
with USFWS project implementation is not anticipated to have a negative impact on these species.
2.6 Cultural Resources
In accordance with the National Historic Preservation Act, WLS investigated and confirmed that the
proposed project area and property do not contain nor are they adjacent to any properties listed in the
National Register of Historic Places or the North Carolina State Historic Preservation Office (NCSHPO).
There is a previously recorded archaeological site (31WY221) that is located in the southeast corner of the
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Scarborough Buffer Mitigation & Nutrient Offset Plan
project. It is not currently listed in the National Register of Historic Places nor will there be any ground
disturbing activities near this site. There are several NCSHPO sites located within approximately one mile
of the proposed project area, two of which are survey only and are not registered. The closest survey only
site is the Montague -Orton Farm, located across Mitchell Rd. and to the west of the proposed bank site.
The closest registered historic site is located on Seymour Johnson AFB, and is approximately one mile from
the proposed bank site. On -site investigations and discussions with the landowners have not disclosed
any potential resources or occurrences of this type on the property.
2.7 Constraints
There are no existing easements on the Parcel. There are no existing utility corridors on the Parcel. If any
existing utility corridors are identified within the Parcel, these corridors will be excluded from the
conservation easement boundary. There are multiple existing culverted crossings at UT1-112 (Casey Mill
Road), UT1-113 (Arrington Bridge Road) UT2 and UT3. The culverts within the project boundary will be
removed and design elevations will be modified to tie into vertical control points at UT1-112 (Casey Mill
Road) and UT1-113 (Arrington Bridge Road). Any future stream crossing locations will be strategically
located to access the interior property during the monitoring period and long-term stewardship.
2.8 FEMA Floodplain / Floodway Mapping
A majority of Parcel is located within a FEMA regulated floodplain (Zone 'AE'). While it is not anticipated
that there will be issues associated with FEMA permitting or documentation, WLS will coordinate with the
local floodplain administrator as needed and prepare the required documentation to obtain approval for
any FEMA regulated impacts. In addition, the project will be designed so that any increase in flooding will
be contained within the project boundary and will not impact adjacent landowners; therefore, hydrologic
trespass will not be a concern.
3 Proposed Neuse Buffer & Nutrient Offset Restoration Plan
Riparian restoration adjacent to streams was approved by the DWR in their letters dated March 29, 2019
and July 10, 2019 (Attachment A). This site is also being proposed as a stream and wetland mitigation
bank, and restoration of riparian areas will be accomplished through the goals and methods outlined by
the WLS Neuse 02 Umbrella Mitigation Banking Instrument, Scarborough Mitigation Plan (SAW-2017-
02527) and the Scarborough Riparian Buffer and Nutrient Offset Mitigation Banking Instrument. All
riparian restoration mitigation activities along channels will begin from the tops of the banks and extend
a maximum of 200 feet perpendicular to the stream channel where possible pursuant to 15A NCAC 02B
.0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as
part of implementing the above -mentioned mitigation plan and will be provided to DWR as part of the
As -Built Report, including Section 401, Section 404 and Sediment and Erosion Control permits. The
restoration of the Parcel will require converting existing agriculture land use practices within riparian
areas adjacent to streams and ditches into a dense and diverse vegetated riparian forest. The riparian
areas will be replanted with appropriate native tree species. The restoration of the riparian buffer will
provide stabilization and improve water quality to tributaries that drain directly to the Neuse River.
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Scarborough Buffer Mitigation & Nutrient Offset Plan
3.1 Parcel Preparation
The current land uses adjacent to the streams and ditches proposed for riparian restoration are primarily
non -forested croplands (Figure 5). The riparian restoration areas will require limited site preparation in
addition to the stream and wetland construction. Headwater stream restoration activities will include
excavating a broader floodplain at or slightly above the existing bed elevation and will seek to restore
groundwater hydrology and connection of surface flows. The design concept will address the current
channel's dimension, pattern, and profile to create stable conditions. Wetland restoration activities will
include minimal grading and blending of microtopography.
After construction activities, the subsoil will be ripped and disked and the topsoil is placed back over the
site. Site preparation will also include select herbicide treatments or select mechanical clearing to remove
undesirable underbrush or invasive species as needed. Diffuse flow will be maintained in the buffers.
The Sponsor might utilize mechanical equipment periodically in the first few years after planting to
enhance vegetative growth. Mowing will not take place within the first 50 feet (Zone A) of restored buffer
after planting unless absolutely necessary. Additionally, selective applications of a pre -emergent herbicide
will be used to control weedy competition.
3.2 Riparian Restoration
A coastal headwater valley restoration approach is proposed for UT1-RI, UT1B, UT2, and UT3. Headwater
stream restoration activities will include excavating a broader floodplain at or slightly above the existing
bed elevation and will seek to restore groundwater hydrology and connection of surface flows. All existing
ditches within the buffer and nutrient offset areas will be filled such that diffuse flow and positive site
drainage will be maintained as shown on the proposed grading plan in the Mitigation Plan (Sheets 30-48).
Shallow flow paths will be connected to allow initial flow of water toward reach UT1-112, which will
gradually transition into a single thread channel that is more 'well defined' and the ditch that flows offsite
will be plugged up to the property line. Figure 6 depicts the nutrient and buffer restoration plan based on
proposed conditions and Figure 7 depicts the stream and wetland conceptual plan. The Scarborough
Mitigation Plan, Mitigation Plan Figure 10, and Design Sheets 8-11 and 17-24 provide additional details on
the coastal headwater restoration. The riparian buffer credits that are located adjacent to coastal
headwater valley restoration will be based on the centerline of the valley length and will be reported in
the As -Built Report. These credits will be withheld until the As -Built survey has been finalized.
The revegetation plan for the entire riparian restoration area will include permanent seeding, planting
bare root trees, live stakes, and controlling invasive species growth (See Mitigation Plan Design Sheets,
Revegetation Plan pages 25-29). If temporary seeding is applied from November through April, rye grain
will be used and applied at a rate of 130 pounds per acre. If applied from May through October, temporary
seeding will consist of browntop millet, applied at a rate of 40 pounds per acre. The permanent seed mix
will consist of a riparian seed mix and wetland seed mix. The riparian restoration efforts along the project
streams will be adjacent to reconstructed stream banks and will extend perpendicular from tops of banks
a minimum of 50 feet to a maximum of 200 feet.
The riparian restoration activities will occur at the same time as the stream mitigation activities and not
before. Therefore, the mitigation area where riparian restoration is being performed may be altered
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Scarborough Buffer Mitigation & Nutrient Offset Plan
slightly depending on the implementation of the Scarborough Stream and Wetland Mitigation Bank. The
riparian restoration areas will be surveyed and information provided in the As -Built report and As -Built
Survey. The As -Built report will also include any deviations that were made to the approved Plan.
3.3 Riparian Preservation
Riparian buffers on existing forested riparian areas will be permanently protected, but are not viable for
buffer credit. This will include sections of UT2 and UT1A.
3.4 Planting
The specific species composition to be planted was selected based on the community type, observation
of occurrence of species in riparian buffers adjacent to the Parcel, and best professional judgement on
species establishment and anticipated site conditions in the early years following project implementation.
Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A
NCAC 02B 0295 of 260 hardwood trees per acre at the end of five years for the nutrient offset areas. The
performance standards for the buffer restoration areas on the coastal headwater streams will be 210
hardwood trees per acre at the end of seven years. No one tree species will be greater than 50 percent of
the established stems. An appropriate riparian seed mix will also be applied to provide temporary ground
cover for soil stabilization and reduction of sediment loss during rain events in areas disturbed by stream
and wetland construction, as necessary. This will be followed by an appropriate permanent seed mixture.
Planting is scheduled for Winter 2020 and the list of species proposed are shown in Table 2; however, the
actual planting list will be provided in the As -Built report.
Betula nigra
River birch
7%
FACW
Fraxinus pennsylvanica
Green ash
7%
FACW
Platanus occidentalis
American sycamore
7%
FACW
Quercus nigra
Water oak
5%
FAC
Liriodendron tulipifera
Tulip -poplar
7%
FACU
Quercus alba
White oak
5%
FACU
Nyssa biflora
Swamp black gum
5%
OBL
Quercus bicolor
Swamp white oak
5%
FACW
Taxodium distichum
Bald cypress
5%
OBL
Quercus phellos
Willow oak
5%
FACW
RiparianRoot Plantings
— Understory
(Proposed..
:0
Clethra alnifolia
Sweet pepperbush
6%
FACW
Carpinus caroliniana
Ironwood
6%
FAC
Persea palustris
Red bay
6%
FACW
Eubotrys racemosus
Swamp doghobble
6%
FACW
Magnolia virginiana
Sweetbay magnolia
6%
FACW
Cyrilla racimiflora
Titi
6%
FACW
Itea virginica
Sweetspire
6%
FACW+
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Scarborough Buffer Mitigation & Nutrient Offset Plan
4 Monitoring and Maintenance Plan
4.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the buffer restoration
and/or nutrient offset areas to measure the survival of the planted trees. Riparian buffer vegetation
monitoring will be based on the Carolina Vegetation Survey -Ecosystem Enhancement Program Protocol
for Recording Vegetation: Level 1-2 Plot Sampling Only Version 4.2. Annual vegetation monitoring will
occur each year for a minimum of five years on the nutrient offset areas and seven years on the coastal
headwater buffer restoration areas and will be conducted during the fall season with the first year
occurring at least five months from initial planting. Twenty-six vegetation monitoring plots will be
installed, and will be 100 meters squared in size, and will cover at least two percent of the 32 acres of
riparian restoration area. Plots will be randomly placed throughout the planted riparian areas. The
approximate location of the plots is shown on Figure 8. Photos will be taken from all photo points each
monitoring year and provided in the annual reports. All planted stems will be marked with flagging tape
and recorded. All of the vegetation plots in Figure 8 will be monitored for both the buffer/ nutrient bank
and the stream/wetland bank. There will be additional vegetation plots for the stream/wetland bank.
Planting is scheduled for winter 2020. The first annual monitoring activities will commence at the end of
the first growing season, at least five months after planting has been completed and no earlier than the
fall season. The following data will be recorded for all trees in the plots: species, common name, height,
planting date (or volunteer), and grid location. The total number of volunteer woody stems will also be
documented and reported.
4.2 Performance Standards for Vegetation Adjacent to Single -Thread Streams
The measures of vegetative success for the Parcel will be the survival of at least four native hardwood
tree species, where no one species is greater than 50 percent of the established stems, established at a
density of at least 260 planted trees per acre at the end of Year 5. Appropriate native volunteer stems of
native hardwood tree species may be included to meet the performance standards upon DWR approval.
The Sponsor shall submit the annual monitoring report to DWR by December 31st of each year for five
consecutive years and will follow the terms and conditions of the MBI.
4.3 Performance Standards for Vegetation Adjacent to Coastal Headwater Streams
The measures of vegetative success for the Parcel will be the survival of at least four native hardwood
tree species, where no one species is greater than 50 percent of the established stems, established at a
density of at least 260 planted trees per acre at the end of Year 5 and 210 hardwood trees per acre at the
end of Year 7 for riparian restoration areas adjacent to coastal headwater stream restoration. The seven
years of monitoring only applies to the areas receiving credit under Rule 15A NCAC 02B .0295 (o)(2) for
buffer mitigation. Appropriate native volunteer stems of native hardwood tree species may be included
to meet the performance standards upon DWR approval. The Sponsor shall submit the annual monitoring
report to DWR by December 31st of each year for seven consecutive years and will follow the terms and
conditions of the MBI.
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4.4 Performance Standard for Coastal Headwater Streams
The performance standards for the coastal headwater streams will be detailed in the Stream Mitigation
Plan in Sections 8.2 and 9.1.4. Performance standards must be met each monitoring year for a minimum
of seven years to comply with 15A NCAC 02B .0295 (o)(2) for buffer mitigation. Confirmation from the
USACE that stream performance standards have been met will need to be provided to DWR by the Bank
Sponsor prior to issuance of credit releases for riparian buffer credit along the coastal headwater streams.
The success criteria for the coastal headwater streams include channel formation within the valley or
crenulation that must be documented through identification of field indicators consistent with those listed
below, and continuous surface water flow within the valley or crenulation must be documented to occur
every year for at least 30 consecutive days during the prescribed monitoring period.
Headwater Stream Monitoring
Channel Formation: During monitoring years 1 through 4, the preponderance of evidence must
demonstrate a concentration of flow indicative of channel formation within the topographic low point of
the valley or crenulation as documented by the following indicators:
• Scour (indicating sediment transport by flowing water)
• Sediment deposition (accumulations of sediment and/or formation ripples)
• Sediment sorting (sediment sorting indicated by grain -size distribution with the primary path of
flow)
• Multiple observed flow events (must be documented by gage data and/or photographs)
• Destruction of terrestrial vegetation
• Presence of litter and debris
• Wracking (deposits of drift material indicating surface water flow)
• Vegetation matted down, bent, or absent (herbaceous or otherwise)
• Leaf litter disturbed or washed away
During monitoring years 5 through 7, the stream must successfully meet the requirements above and the
preponderance of evidence must demonstrate the development of stream bed and banks as documented
by the following indicators:
• Bed and banks (may include the formation of stream bed and banks, development of channel
pattern such as meander bends and/or braiding at natural topographic breaks, woody debris, or
plant root systems)
• Natural line impressed on the bank (visible high-water mark)
• Shelving (shelving of sediment depositions indicating transport)
• Water staining (staining of rooted vegetation)
• Change in plant community (transition to species adapted for flow or inundation for a long
duration, including hydrophytes)
• Changes in character of soil (texture and/or chroma changes when compared to the soils abutting
the primary path of flow).
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4.5 Adaptive Management Plan
In the event the site or a specific component of the site fails to achieve the necessary performance
standards as specified in the approved Plan, the Sponsor shall notify and coordinate with NCDWR to
develop a remedial action plan. The remedial action plan should describe the source or reason for the
failure, a concise description of the corrective measures that are proposed, and a time frame for the
implementation of the corrective measures.
4.6 Conservation Easement
Conservation easement boundaries will be identified in the field to ensure clear distinction between the
Parcel and adjacent properties. Boundaries may be identified by fence, marker, bollard, post, tree blazing,
or other means as allowed by site conditions and/or conservation easement. Boundaries will be marked
with signs identifying the property as a mitigation site and will include the name of the long-term steward
and a contact number. All boundary markers will be installed prior to submittal of the As -Built report.
Boundary markers disturbed, damaged, or destroyed will be repaired and/ or replaced on an as needed
basis. The easement boundary will be checked annually as part of monitoring activities, and the conditions
as well as any maintenance performed will be reported in the annual monitoring reports to NC DWR.
WLS has received a cleared title for this site. The Conservation Easement will be assigned to an approved
land trust. All monitoring activities, including periodic inspections of the site to ensure that restrictions
required in the Conservation Easement are upheld, are the responsibility of WLS until the Parcel is
transferred to the land trust.
5 Credit Release Schedule
Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by DWR, it is
agreed that the mitigation credits associated with the Parcel will be released as described in the MBI and
Table 3. The total buffer credits proposed adjacent to constructed coastal headwater valley streams will
be dependent on the approval of the IRT to construct. The stream site will have to be constructed in its
entirety and an As -Built Report and survey submitted to the IRT prior to DWR granting approval to
generate buffer credits under Rule 15A NCAC 02B .0295 (o)(2). The area of the buffer credits shall be
measured perpendicular to the length of the valley being restored.
Page 13 4

Scarborough Buffer Mitigation & Nutrient Offset Plan
Table 3. Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
Instrument and Plan Approved by DWR, Conservation
Easement Recorded and Assigned*, Financial Assurance
Posted, and Draft Stream & Wetland Mitigation Plan
25
No Credit
Approved by IRT
Mitigation Site Earthwork, Planting and Installation of
Monitoring Devices Completed, and all Applicable Permits
20
No Credit
Obtained
Monitoring Financial Assurance Posted and Approval of As-
Built Report
10
30
Monitoring Report #1 Approved by the DWR** and financial
assurance renewed
10
10
Monitoring Report #2 Approved by the DWR** and financial
assurance renewed
10
10
Monitoring Report #3 Approved by the DWR** and financial
assurance renewed
10
5
Monitoring Report #4 Approved by the DWR** and financial
assurance renewed
5
5
Monitoring Report #5 Approved by the DWR*, financial
assurance renewed for coastal headwater buffer areas, and
final site visit by DWR has been conducted for nutrient offset
10
20
areas
Monitoring Report #6 Approved by the DWR** and financial
N/A
10
assurance renewed for coastal headwater buffer areas
Monitoring Report #7 Approved by the DWR** and final site
visit by DWR has been conducted for coastal headwater buffer
N/A
10
areas
Total
100
100
* For specification, please see Section V of the M81
**DWR approval provided upon a determination that the site is meeting success criteria contained within the
approved Plan
6 Financial Assurance
Following approval of the Scarborough Plan, the Sponsor will provide financial assurances in the form of
a Performance Bond from a surety that is rated no less than "A-" as rated by A.M. Best. Financial
assurances will be payable at the direction of the DWR to its designee or to a standby trust. The initial
performance bond will be for 100 percent of the implementation costs, but not less than $150,000. In lieu
of posting the performance bond, the Sponsor may elect to construct the project prior to the first credit
release.
After completion of the construction and monitoring devices a monitoring bond in the amount of
$100,000 will be secured to implement the monitoring and maintenance of the riparian restoration areas
Page 14 4

Scarborough Buffer Mitigation & Nutrient Offset Plan
for a minimum of seven years. Upon DWR approval, this may be lowered after year five based on the
adjusted cost to complete the monitoring.
Performance bonds for monitoring shall be renewed to cover the next years monitoring period, with
confirmation of renewal provided to DWR with each annual monitoring report when applicable. DWR
reserves the right to alter the credit release schedule if monitoring reports are submitted without proof
of bond renewals when applicable.
7 Mitigation Potential
Out of 239 acres that will be protected with a permanent conservation easement, 16.21 acres (706,108
ftZ) are proposed to generate riparian buffer credits along coastal headwater restoration streams and
15.80 acres (35,913.72 lbs. Nitrogen) are proposed to generate nutrient offset credits. Of the 15.80 acres
proposed for nutrient offset credits, 10.44 acres are suitable for buffer mitigation credits at a ratio of 1:1
and at 100%full credit. The Sponsor may use the 10.44 acres of riparian restoration mentioned above for
either nutrient offset credit or buffer mitigation credit, but not both. The remaining acres within the
Conservation Easement, will be used for wetland and stream mitigation pursuant to the Scarborough
Mitigation Bank.
The Sponsor must request and receive approval from DWR prior to any credit conversions and transfers
to the credit ledgers. With each conversion and transfer request submitted to the DWR, the Sponsor will
provide all updated credit ledgers showing all transactions that have occurred up to the date of the
request.
The Sponsor will maintain two credit ledgers: one for coastal headwater buffer credits and one for
Nitrogen nutrient offset credits. The total potential nutrient offset mitigation credits and riparian buffer
that the Parcel will generate is summarized in Table 4.
Page 15 4

Scarborough Buffer Mitigation & Nutrient Offset Plan
Table 4. Proposed Mitigation Credits
Riparian
Riparian
Total
Credit Per
Credit
% Full
Features
Mitigation Type
Mitigation Credits (sq. ft.)
Widths
Acreage
Acre (ft')
Ratio
Credit
Coastal
0-50'
UT1-RI, UT1B,
Headwater
16.21
43,560
1:1
1009/0
706,108 ft2 (16.21 ac)
UT2, UT3
Restoration
Total Coastal Headwater Restoration Credits*
16.21
706,108 ft2 (16.21 ac)
OffsetI Nutrient
Total
Credit Per Credit
Widths Features Mitigation Type
Mitigation Credits (Ibs)
Acreage
Acre (Ibs) Ratio
0-50'
UT1-R2, UT1-R3
Restoration
7.49
2,273.02
N/A
17,024.92
51-100'
UT1-R3
Restoration
2.95
2,273.02
N/A
6,705.41
101-200'
UT1-R3
Restoration
5.36
2,273.02
N/A
12,183.39
TOTAL
15.8
35,913.72
*Coastal headwater riparian buffer restoration credits are calculated based on the valley length ofthe reach
Page 16

Scarborough Buffer Mitigation & Nutrient Offset Plan
8 Citations
Lee, T.L, Peet, R.K., Roberts, S.D., and Wentworth, T.R. 2006. CVS-EEP Protocol for Recording Vegetation,
Version 4.2. http://cvs.bio.unc.edu/protocol/cvs-eep-protocolv4.2- levl-2.pdf.
NC Environmental Management Commission. 2014. Rule 15A NCAC 0213.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
United States Department of Interior, Fish and Wildlife Service (USFWS). Threatened and Endangered
Species in North Carolina (County Listing). Wayne County. 2017.
USDA, Soil Conservation Service,1974. Soil Survey of Wayne County.
Page 17 4

Tarboro
Legend -
Site Location wt liam:ton
Neuse: 03020202 Bethel 1 -
1 42
Wilson 33 30
i 7
`2-4
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Aydat 43
now Hill 7'
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I,
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'oeEsri Japan, EI, Esri China (Hong Kong), Esri Korea, Esri (Thailand),
apmy'Idta, NGCC, © OpenStreetMap contributors, and the GIS User
vqah Corhmunity
FIGURE
WATER & LAND" Scarborough Service Area
SOLUTIONS Mitigation Project Map
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US

Legend
Project Location O NC Cities
Wayne Co. Hydrography
HUC-12 NC Counties
Q Site Limits
Q HUC-8 (Neuse)
Wayne County
0 50 100
v Miles
Project is located in
HUC-8: 03020202
Neuse Subbasin
0 2.5 5
Miles
Location:
35.32110000'
-77.98972222°
0
ON
sboro
Wayne County
1\
N
Sources: Esri, HERE, Garmin, USES; Intermap, INCREMENT P, NR
0 0.25 0.5 ��. Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailar ,
Mlles NGCC, (c) OpenStreetMap contributors, and the GIS User Community
WATER & LAND Scarborough Project Location FIGURE
SOLUTIONS Mitigation Project Map
NAD 1983 2011 State Plane 2
North Carolina FIPS 3200 FT US

� r _
rn� 66
Legend
e 68 QSite Limits
°
—Existing Stream
2ft Contours
i
58 — Major
Minor
FEMA
AE
0.2 PCTANNUAL CHANCE FLOOD
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P
UT1B
N, Cory N
UT3 �
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o
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co
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FIGURE
WATER & LAN D'
Scarborough Floodplain
SOLUTIONS Mitigation Project Map
NAD 1983 2011 State Plane 4
North Carolina FIPS 3200 FT US

UT1A
L `•�
0 500
ilJB
UT1-R1
1,000
= Feet
WAT E R & LA N D"
SOLUTIONS
Legend
_ N
Existing Stream
QSite Limits
• Ditches
I� Unverified Jurisdictional Wetlands
UT1-R3 •
UT3
UT1-R2
UT2 w
Scarborough
Mitigation Project
FIGURE
Existing Conditions
Map
NAD 1983 2011 State Plane is
orth Carolina FIPS 3200 FT US

v
1 '
Legend
OSite Limits
1 —Proposed Stream
1 ` I Stream Valley Length
0-50ft Nutrient Offsets (7.49 acres)
51-100ft Nutrient Offsets (2.95 acres)
101-200ft Nutrient Offsets (5.36 acres)
` f 0-50ft Coastal Headwater Buffer Restoration
(16.21 acres) -Credits Based on Valley Length
9 �
r -
UT1 B
UT3 UT1-R2
i
UT1-R1 t
I�.
} UT1A
End of Coastal
Headwater Stream
di IL
Y- 'N
0 500
1,000
Feet
LAN©"
WATER &
SOLUTIONS
i•
End of Coastal
Headwater Stream
r
UT2 j
r� 1
So rce: E- ri, Digit IGiobe, oEye, E rths r G ogr phi s, GENE=/Ai b s
D ,USDA, USCyS, AeroGRID, I E _ LJ_L_ Gib laser Cnomm ni
Buffer/Nutrient FIGURE
Scarborough Credit
Mitigation Project Determination Map
NAD 1983 2011 State Plane 6
North Carolina FIPS 3200 FT US

Legend
QSite Limits
—Proposed Stream Restoration
Wetland Preservation
Wetland Enhancement
Wetland Restoration
i
UT1B J
UT3
UT1-R1 UT1-R2
G
" End of Coastal
Headwater Stream
UT1A '
y
End of Coastal
Headwater Stream
0 500 1,000 • '"'�. .
Feet �•
So oe: E-s i, D"g" IGlobe, GeoE e, E hs Ge gr phios, CaNES/Airb s
DS, USDA, USGS, Ae oGRdD, IGN, d he GIS Us r C« mm nity ,
Stream/Wetland FIGURE
WATER & LAND"
Scarborough Credit
SOLUTIONS Mitigation Project Determination Map
AD 19 N83 2011 State Plane
North Carolina FIPS 3200 FT US

r: h�
N •.
AA ,
0 500 1,000
Feet
limitr
WAT E R & LA N DC
SOLUTIONS
Legend
OSite Limits
—Proposed Stream
= Coastal Headwater Vegetation Plots
Nutrient Vegetation Plots
t 0-50ft Nutrient Offsets (7.49 acres)
51-100ft Nutrient Offsets (2.95 acres)
101-200ft Nutrient Offsets (5.36 acres)
0-50ft Coastal Headwater Buffer Restoration
(16.21 acres)
fir
v:
i
UT1-R2 ■ ■
■
UT1-R3
UT2�
. V,t
So rce: E- ri, Digit IGiobe, oEye, E rths rG ogr phi s, G�NEa=/Ai b s
D, USDA, USCyS, AeroGRID, IGN, , nd the Gi = User Cnomm nit
FIGURE
Scarborough Monitoring Map
Mitigation Project
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US

Attachment A — DWR Determinations and Viability

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 29, 2019
Cara Conder DWR ID# 2018-0181v3
Water & Land Solutions, LLC Wayne County
7721 Six Forks Rd, Suite 130
Raleigh, NC 27615
(via electronic mail: carakwaterlandsolutions.com )
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Scarborough Site
Located near 35.3211000,-77.98972222
Neuse 03020202
Dear Ms. Conder
On January 4, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Water & Land Solutions, LLC (WLS) for a site visit near the above -referenced
site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020202. The site visit was
to determine the potential for riparian buffer mitigation and nutrient offset within a proposed site
boundary, which is more accurately shown in the attached map labeled "Figure A". Portions of this
site are intended to be proposed to the IRT as coastal headwater stream mitigation by WLS. The
proposed alignment of the coastal headwater stream site is provided in Figure 10. On January 11,
2019, Ms. Merritt performed a site assessment of the subject site. Staff with WLS were also present.
This mitigation determination is assessed using both existing and proposed conditions as presented in
Figure A and Figure 10 respectively. The mitigation determination for the proposed conditions will
be partially dependent on the approval of the IRT to construct coastal headwater stream mitigation.
If the proposed stream channel alignments change from what is shown on Figure 10, this viability
letter may be subject to change. Due to the vast network of lateral ditches onsite, WLS must create
diffused flow for the site to be viable for buffer mitigation and nutrient offsets.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each existing or proposed feature for buffer mitigation pursuant to 15A
NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A
NCAC 02B .0240.
,D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Da°d919.707.9000

Scarborough Site
Water Land Solutions, LLC
March 29, 2019
Table 1. Mitigation Determination based on existing conditions shown in Figure 6a
Feature ID
Classification
in the field
'Subject
Riparian Land uses
adjacent to Feature
Buffer
Credit
ZNutrient
Mitigation Type Determination
to
Offset
w/in riparian areas
Buffer
0-200'
Viable
Viable a
2,273.02
Rule
lbs-N per
acre
UT1
Stream
Yes
Non -forested agricultural
'Yes
Yes (non -
Fields - Restoration Site per 15A
(at DWR
fields with a cypress swamp
forested
NCAC 02B .0295 (o)(2)
Flag)
clustered on the left bank
fields only)
Cypress Swamp cluster -
Preservation Site per 15A NCAC 02B
.0295(5)
UT2
Stream
Yes
Upstream is forested and
'Yes
Yes (non -
Fields - Restoration Site per 15A
downstream becomes non-
forested
NCAC 02B .0295 (o)(2)
forested agricultural fields at
fields only)
wood line
Forested areas - Preservation Site per
15A NCAC 02B .0295 5
UTl A
Stream
Yes
Mostly comprised of shrub
Yes
No
Restoration Site per 15A NCAC 02B
and brush with invasives; not
.0295 (n)
in agriculture
A
Ditch >3' in
No
Mostly non -forested with
No
Yes (non-
Left Bank (Field)- Restoration Site
depth
agriculture field on left bank
forested
per 15A NCAC 02B .0295 (n)
only
left bank
only)
B
Ditch <3' in
No
Non -forested agricultural
*see note
Yes
Fields - Restoration Site per 15A
depth
fields
NCAC 02B .0295 (o)(8)
*Buffer Mitigation Note -
Assessment concludes the ditch
meets 15A NCAC 02B .0295 (o)(8) (A,
B, C, D & E). More information on the
watershed is required to be provided
in a mitigation plan for complete
assessment. See rule.
UT3/C
Ditch >3' in
No
Non -forested agricultural
No
Yes
Restoration Site per 15A NCAC 02B
depth
fields
.0295 (n)
D
Ditch
No
Forested
No
No
N/A
E & F
Ditches
No
Non -forested agricultural
N/A
N/A
not assessed
field
All other lateral ditches &
No
non -forested agriculture
No
No
Assessment concludes none are directly
conveyances onsite
fields
hydrologically connected to streams and
do not meet all 15A NCAC 02B .0295
(o)(8)
'Subjectivity calls for the features were determined by DWR in correspondence dated February 7, 2019, using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil
survey map prepared by the NRCS .
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment Nutrient offset credit cannot be generated adjacent to coastal headwater stream restoration
sites
3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of
the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a
Preservation Only site to comply with this rule.
Page 2 of 4

Scarborough Site
Water Land Solutions, LLC
March 29, 2019
Table 2. Mitigation Determination based on proposed conditions shown in Figure 10
Feature
Feature
'Subject
Riparian Land uses
Buffer
?Nutrient
Mitigation Type Determination
w1in riparian areas
Classified
proposed
IQ
adjacent to Feature
Credit
Offset
onsite
Buffer
10-200,1
Viable
Viable at
Rule
2,273.02
lbs.N per
acre
UTl (Ditch/
Coastal HW
Partial
Non -forested agricultural
'Yes
No
Fields - Restoration Site per 15A
Stream)
Stream
fields with a cypress swamp
NCAC 02B .0295 (o)(2)
Restoration
cluster (see map)
UT1A
Stream
Yes
Mostly comprised of shrub
'Yes
No
Restoration Site per 15A NCAC 02B
and brush with invasives; not
.0295 (n)
in agriculture
UT2
Coastal HW
Yes
Upstream is forested and
','Yes
No
Fields - Restoration Site per 15A
(stream)
Stream
downstream becomes non-
NCAC 02B .0295 (o)(2)
Restoration
forested agricultural fields at
wood line
Forested areas - Preservation Site
per 15A NCAC 02B .0295 (5)
UT3
Coastal HW
No
Non -forested agricultural
'Yes
No
Fields - Restoration Site per 15A
(Ditch)
Stream
fields
NCAC 02B .0295 (o)(2)
Restoration
'Subjectivity calls for the features were determined by DWR in correspondence dated February 7, 2019, using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil
survey map prepared by the NRCS .
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment" Nutrient offset credit cannot be generated adjacent to coastal headwater stream restoration
sites
3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of
the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a
Preservation Only site to comply with this rule.
4The area described as an Enhancement Site was assessed and determined to comply with all 15A NCAC
02B .0295(o)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit
under this part of the rule.
SThe area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total
area of buffer mitigation per 15A NCAC 02B .0295 (o)(7).
6Wooded buffers planted along Outer Coastal Plan headwater stream mitigation sites may be approved as riparian
buffer mitigation credit if the site meets all applicable requirements of Paragraph (n) per 15A NCAC 02B .0295
(o) (2)
Maps that are attached to this letter were prepared by WLS and Ms. Merritt and were initialed by Ms.
Merritt on March 29, 2019. This letter should be provided in all stream and wetland, buffer
and/or nutrient offset mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
Page 3 of 4

Scarborough Site
Water Land Solutions, LLC
March 29, 2019
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DVWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on March 29, 2021 or upon the submittal of an As -Built Report
to the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer
mitigation plans for this Site.
Please contact Katie Merritt at [phone] if you have any questions regarding this
correspondence.
KAH/km
Attachments: Figure A, Figure 10
cc: File Copy (Katie Merritt)
Sincerely,
5�7Karen Higgins, Supervisor
401 and Buffer Permitting Branch
Page 4 of 4

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4 Mitigation Summary Table
+ Total Stream
Stream
Restoration (LF) Mitigation Credits
(SMCs)
MJ 8,310 8,310
f Total Potential
Wetland Riparian Wetland
Restoration (acres) Mitigation Credits.
(WMCs)
1 " 72.3 72.3
+fir
a.
W3
VJ2
a
UT1-R1 UT1-R2
UT3
ws
.a - .• W1 _ I
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Legend
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Mitigation Types
Stream Restoration
Wetland Restoration N
0 250 500 j 1,000 Fee
So Ee Esri D*i�ita C�loe Peo s o h ® USDA.USGS.
Proposed Mitigation FIGURE
WATER & LAND Scarborough Features O
SOLUTIONS Mitigation Site Map
NAD 1983 2011 State Plane
North Carolina FIPS 3200 FT US

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Drret1w
Water and Land Solutions, LLC
Attn: Ms. Cara Conder
7721 Six Forks Rd, Suite 130
Raleigh, NC 27615
0r,�
pw+vn�
NORTH CAR©LINA
Environmental Quality
February 7, 2019
DWR #18-0181 V2
WAYNE County
Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0233)
Subject Property/ Project Name: Scarborough Mitigation Site
Address/Location: 2157 Pecan Road, Goldsboro
Stream(s) Evaluated: Uts to Neuse River
Determination Date: 01/11/19 & 01/15/19 Staff: Anthony Scarbraugh/Chris Pullinger
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 02B .0233)
❑ Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 02B .0259)
❑ Catawba (15A NCAC 02B .0243)
❑ Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 02B .0250)
❑ Goose Creek (15A NCAC 02B .0605-.0608)
Stream
E/I/P*
Not
Subject
Start@
Stop@
Soil
USGS
Subject
Survey
Topo
18-0181 V2 A
Ditch
X
Flag: 18-0181 V2
Flag: 18-0181 V2
X
X
A Begin
A Int
18-0181 V2 A
I
X
Flag: 18-0181 V2
Flag: 18-0181 V2
X
X
A Int
A End
18-0181 V2 B
I
X
Flag: 18-0181 V2
Flag: 18-0181 V2
X
B Begin
B End
18-0181 V2 C
I
X
Flag: 18-0181 V2
Flag: 18-0181 V2
X
X
C Begin
C End
18-0181 V2 D
Ditch
X
Flag: 18-0181 V2
Flag: 18-0181 V2
X
D Begin
D End
North Carolina Departrnent of Environmental Quality Division of Water Resources
D� E Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27881)
orasAm��t�r.o-���i a�=r9a 252.446.6481

Wayne County
Page 2 of 3
18-0181 V2 E
Ditch
X
Flag: 18-0181 V2
Flag: 18-0181 V2
E Begin
E End
18-0181 V2 F
Ditch
X
Flag: 18-0181 V2
Flag: 18-0181 V2
X
F Begin
F End
18-0181 V2 G
NPS/
X
Flag: 18-0181 V2
Flag: 18-0181 V2
X
Ditch
G Begin
G End
*E/1/P/NSP = Ephemeral/Intermittent/Perennial/No Stream Present
The Division of Water Resources has determined that the streams listed above and included on the
attached map have been located on the most recent published NRCS Soil Survey of WAYNE County, North
Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for
applicability to the NEUSE River Riparian Buffer Rules. Each stream that is checked "Not Subject" has been
determined to not be at least intermittent or not present on the property. Streams that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be at least
intermittent streams. There may be other streams or features located on the property that do not appear
on the maps referenced above but may be considered jurisdictional according to the US Army Corps of
Engineers and subject to the Clean Water Act.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director.
An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in
writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
clo Karen Higgins
DWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty (60)
days.
This determination only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any
inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of
Engineers Washington Regulatory Field Office at (919)-554-4884, Ext. 22.
If you have questions regarding this determination, please feel free to contact Anthony Scarbraugh at
[phone].
Sincerely,
ROW T
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ

Wayne County
Page 3 of 3
Enclosures: Stream Determination Forms
cc: LASERFICHE
Samantha Dailey, USACE Raleigh Regulatory Field Office (via email)
Samir Dumpor, DELMR WaRO (via email)
George K Lankford, George K Lankford, LLC (via email: [e-mail])
Ben Scarborough, 3257 Monticello Farms Road, Hookerton, NC 28538

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NC DWR ,Stream Identification Form Version 4.11
Date: l
S- I
ProjecUSite: .
6 f ��
Latitude:
1 ' _' Z 2-' �
Evaluator:
County. f�
�
Longitude:
-7-7. 7571
Total Points:
Stream is at least intermittent
Stream Deter -anon (circle one)
Other
if? 19 or perennial if>- 30'
Ephemer ntermi
ent Perennial
e.g. Quad Name: �� 1t
z
A. Geornor hoio(Subtotal =��}
,4bsent
Weak
Moderate
Strong
1' Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
0
1
2
3. In -channel structure: ex. riffle -pool, step -pool,
0
d
2
3
ri ie- ool sequence
0
(1j
2
3
4. Particle size of stream substrate
�
5. Activelrelict floodplain
1
2
3
6. Depositional bars or benches
0
�
Q1
2
3
7. Recent alluvial deposits
1
2
3
B. Fieadcuts.
o
(
2
3�
9. Grade control
1
2
3
10. Natural valley
0,5
T
1.6
11. Second or greater order. channel
0
T
1,5
a artificial ditches are not rated; see discussions in manual
°�
Yes
B. Hydrology Subtotal =
12. Presence of Basef]ow
13. Iron oxidizing bac#eria
0
1
2
ff�
14. Leaf litter
0
2
3
15. Sediment on plants or debris
1.5
1
!�
00
16. Organic debris lines or piles
1
1.5
17. Soil -based evidence of high water table?
0
1
1.5.5
C. Biology (Subtotal =
No = 0
es =
18. Fibrous roots in streambed
19. Rooted upland plants in streambed1
G>
2
0
20. Macrobenthos (note diversity and abundance)
0
2
1
0
21. Aquatic Mollusks
CV
2
3
22. Fish
0
2
3
23, Crayfish
0
1
1.5
0.5
--
1
1.5
25. Algae
0
--------�-.1-_.-----.
�'
,
.�_--
T:5
26. Wetland plants in streambed
T
1.5FACW=
perennial streams may also be identified using other methods,
0,7 ; OBI =
See P. 35 of manual
.5 Other = 0
(ems 01 I
Sketch:
CLAN f
Mai
JAIL SL,.Ac•
1�--0/S-/U24
C_vcWW-
44-C. /� o/dn'z
&N 7 f Af `�1 r`l 7 L! /Z 3 5 -3 2 p -fl/i/
cam- r�-nr �l v A wn -17 -r 1

NC DWR Stream Identification Form Version 4.11
©ate:
i Ar' ( ProjectlSite: r n Latitude:
Evaluator: County:
`7
- n i au1 5 t 2 t { 1 tY� Total oints:
ki A.`�-C: Longitude:
P
Stream is at least intermittent stream Defer a' c►rcle one) Other)
ifs 99 or perennial if>_ 30' rs- Ephemeral ntermitte Perennial e.g. Quad Name, C `' C 1I A
A. Geomorphology (Subtotal =_ 9 )
Absent
Weak
Modei
la. Continuity of channel bed and bank
0
2. Sinuosity of channel along thalweg
1
3, In -channel structure: ex. riffle -pool, step -pool,
0
2
2
ri le oof se uenee
0
2
4. Particle size of stream substrate
0
5. Activelreiict floodplain
1
6. Depositional bars or benches
0'
0
Cb
2
7. Recent alluvial deposits
1
2
8. Headcuts
0
�
�'
1
2
9. Grade control
2
10. I�latural valley �
0,5
1
11. Second or greater order -channel
0
0.5
0
a artificial ditches are not -rate
discussions in manual
o _
B. H drolo (Subtotal = }
12. Presence of Baseflow
0
13. fron oxidizing bacteria
2
14. Leaf litter
0
2
15. Sediment on plants or debris
1 5
0
0.5
16. Organic debris tines or piles
1
17. Soil -based evidence of high water table?
0.5
1
C. Biology (Subtotal = g )
No 0
18. Fibrous roots in streambed
2 1
19. Rooted upland. plants in streambed 43;1 2
20. Macrobenthos (note diversity and abundance) 0 1
0 2
21. Aquatic Molluscs
22, Fish
0 4' 2
23. Crayfish 0.5 1
0.5 1
25. Algae 0.5 ...._ ---1
26. Wetfand plants in streambed dD 0.5 1
*perennial streams may also be identified using other methods. See P. 35 of manual, FACW = 0.75: OBL = 1.5 Other
[dotes:
Sketch: kA--'Z- i' E,-2-T FU..�,� .
Yes = 3
Strong
3
3
3
3
3
3
3
3
1.5
1.5
3
3
0
1.5
1.5
0
0
3
3
1.5
1.5

NC D" Stream Identification Form Version 4.11
Date: lZy c Project/site: � � Pro l V 2-G Latitude: 3 5-
Evaluator: ArZ�, County:
M Y s YQ�'rsCl i�1 INC Longitude: � )� fy�
Total Points: -�
Stream is at least intermittent Stream Determination (circle one) Other 5 i _
if 2: 19 orperennial if>_ 3o* Z. _ Ephemeral ermi nt Perennial e.g. Quad Name:
Co����
A. Geomorphology (Subtotal =
Absent
Weak
Moderate
Strong
1' Continuity of channel bed and bank
0
t
2. Sinuosity of channel along thalweg
0
3
3. In -channel structure: ex. riffle -pool, step -pool,
2
3
rf to ool sequence
0
1
2
3
4. Particle size of stream substrate
0
5. Activeirelict floodplain
0
2
3
6. Deposi#Tana! bars or benches
1
(2)
3
7. Recent alluvia] deposits
�9'
2
3
8. Headcu#s
�
1
2
3.
9. Grade control
1
2
3
10. Natural valley
0.5
81
1
1.60
11. Second or greater orderchannel
1.5
aarii5clal ditches are not rated; see discussions in manual
No = D
-
es
B. H drolo (Subtotal = 7
12. Presence of Baseflow
0
1
13. Irooxidizing bacteria
0
3n
14. Leaf fitter
1.5
2
3
15. Sediment on plants or debris
0
1
0.5
db
16. Organic debris fines or piles
0
- 1
1.5
17. Soil -based evidence of high wafer table?
No 0
C. Bi0l0 Subtotal =
e
18. Fibrous roots in streambed
3
0
19. Rooted upland pfants in streambed
m
1
0
20. Macrobenthos (note diversity and abundance)
0
2
V
1
0
21. Aquatic Mollusks
3 I
22. Fish
1
0.5
2
1
3 i
23. Crayfish
1.5
Y4-Amphibians -_- -- ---
0.5
1
1.5
25. Algae
0
0,5 - -
-1 - - -
26. Wetland plants in streambed
*perennial
FACW
= Q75;
1
t. - =
Other 0
1'S
streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: '
C � r � tort-�,� � ��- � za3�>✓
Lev? s,�s'l F6&�),6 R �Z, /�

NC DWR Stream Identification Farm Version 4.11
Date: t Pro'1ectlSlte: ,.
% 2 Latitude: yr
Evaluator:
�,1y, tic i County: Longitude: �7. i !
"Total Points:
Sfreamisafleast interinitte»t Stream Determination (circle one) Other Si.�
if? 19 or perennial if? 30. (`J Ephemeral Intermittent Perennial e.g. Quad Name:
A. Geomorphology (Subtotal = )
14, Continuity of channel bed and bank
Absent
Weak Moderate
Stro
2. Sinuosity of channel along thalweg
0
0
1 2
3
3. In -channel structure: ex. riffle -pool, step -pool,
t 2
3
rf le- ool sequence
0
1 2
3
4, Particle size of stream substrate
0
5. Activelrelict floodplain
0'
1 2
3
6. Depositionaf bars or benches
0
1 2
3
7. Recent alluvial deposits
0
1 2
t
3
$. l�eadcuts
0
2
3
9. Grade control
0
1 2
05 1
3
10. Natural valley
1.50
11. Second or greater order. channel
0,5 1
=
No 0
1.5
a artificial ditches are not rated; see discussions in manual
Yes=3
B. H drolo (Subtotal = )
12. Presence of Baseflow
0
13. Iron oxidizing bacteria
1 2
3
14. Leaf litter
0
1.5
1 2
1
3
15. Sediment on plants or debris
0
0.5
0.5
0
16. Organic debris lines or piles
0
1
1.5
17. Soil -based evidence of high water table?
0.5
No = 0
C. BIOIo Subtotal =
Yes = 3
18. Fibrous roots in streambed
3
2 q
19. Rooted upland plants in streambed
3
2
0
20, Macrobenthos (note diversify and abundance)
0
�
0
21. Aquatic Mollusks
0
1 2
3
22. Fish
23. Crayfish
0
1 2
0.5
3
0
0-- ...
...0,5._..._-
25. Algae
0
0.5 1
26. Wetland plants in streambed
*perennial streams may also be identified using other methods. See p. 35 of manual.
FACW = 0.75; OBL =1.5 Other 0
1.5
Notes:
Sketch: Lt�
r , o l
>i vz
F
3�-3)k)"N17�.99zc�L✓
�r�

AFC lDWR Stream rdemtMeation Form Version 4.11
Date:
l T Prolect/Site. 2 Latitude: �� Z
�l ov
Evaluator- County n- rJ u P- �' tL Longitude: 7Z Total Points:
Stream is at least intermittent Stream Determination (circle one) Other sl"
ifs 19 orperennial if> 30` Ephemeral Intermittent perennial e.g. Quad Name. -
A. Geomor hold (Subtotal = } ,absent Weak Moderate Strong
1a• Continuity of channel bed and bank 0
2. Sinuosity of channel along thalweg t 2 3
0 1 2 3
3. In -channel structure:. ex, riffle -pool, step -pool,
ri le- ool se uence 0 2 3
4. Particle size of stream substrate 0 1
5. Active/relict floodplain 2 3
0 t 2
6. Depositional bars or benches 30 1 2
7. Recent alluvial deposits 3
1
8. Headcufs0 2 3. 0 t 2
9. Grade control 3
0.5
10, Natural valley � 0 1 1.50
11. Second or greater order. channel 0.5 1 1.5
�=
a artificial ditches are not rated; see discussions in manual No0 Yes 3
B. H drolo (Subtotal =
[12. Presence of Baseflow 0 1 2
13. Iron oxidizing bacteria 3
14. Leaf litter 1 1 5 3
15. Sediment on plants or debris 0
0 Q.5 1 1.5
16. Organic debris lines or piles 0 05
17. Soil -based evidence of high water table? 1 .1.5
(Subtotal =
C. Biolo N° ° Yes = 3
18. Fibrous roots in streambed 3 2
19. Rooted upland. plants in streambed 1 0
3 2 .1 0
20. Macrobenthos (note diversity and abundance) 0 1
21. Aquatic Mollusks 2 3
22. Fish 0 1 2 3
23. Crayfish 0 0'5 1 1.5
0 0.5 1.5 25. Algae .0_ 0.5
26. Wetland plants in streambed 1 1.5
*perennial streams may also be identified using other methods. See p. 35 of manual. FACW = 0.75; OBL =1.5 Other = 0
Notes:
Sketch: � . l -0 /y/ LIZ E �
Grl�w f `v �III�a E( F(�e pray lit"4�✓I Cil.c�crf t2�`�21
(� o St~D�a�� /✓►,�1Re�e^ �� F}C� �kz� i ol`/

NC DWR Stream Identification Form Version 4.11
Date:
/ 1 / Pro}ectlSito . Latitude. �
Evaluator: Colin
r`�l s �' K1� Longitude: �-1 7D3
Total! Points:
Stream is at least intermittent Stream Determination (circle one) Other � if i3 or perennial if>_ 30* Ephemeral Intermittent Perennial e.g. quad N e:
-' ' %J'V iQUULULdl =� ��
1a. Continuity of channel bed and bank
Absent Weak
Moderate
Strong
2. Sinuosity of channel along thafweg
0 t
2
3
2
3
I In -channel structure: ex. riffle -pool, step -pool,
0 1
2
3
ripple -Roof se uence
0 1
4. Particle size of stream substrate
0
5. Active/relict floodplain
1
0
2
3
6. Depositional bars or benches
1
0 1
0
2
3
2
3
7. Recent alluvial deposits
8. Headcuts �
1
0
2
3.
-
9, Grade control
1
0 0.5
2
3
1
1.50
10. Natural valley
0.5
1
15
11. Second or greater order. channel
a artificial ditches are not rated; see discussions in manual
No
Yes
B. Hydrology Subtotal W
resence of 8aseflow
0
Loxidizing bacteria
0
2an
3
14. leaf litter
1.5
1
2
3
15. Sediment on plants or debris
0
1
4'S
0
16. Organic debris lines or piles
0
0,5 _
1
1.5
17. Soil -based evidence of high water table?
015
1
1.5
C. Biology (Subtofai =
Na=O
Yes
18. Fibrous roots in streambed
3
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
2
1
0
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
1
2
3
23. Crayfish
0
0.5
1
1.5
0.5
1
1.5
25. Algae
0
0.5._... --
1-_ .-----..
.�_ - -.1..5 --- - __......
26. Wetland plants in streambed
0.5
1
1.6
*perennial streams may also be identified using other methods. See p. 35 of manual FACW = 0.75; O$L =1.5
Other = 0
Notes:
Sketch: f2{f��j ]��2z� ,+ Ft'.00oUtz)-
%
3 J'•'3 �t
qt� /t-cY L
5(�45&-Jk PcGci /�rSv�tfi9t{%,
FrtlL' 1 °T >L2 F�n>
77 7 b'h b w✓

NC DWR Stream Identification Form Version 4.11
Date: j I P Projectfsite: 0 2 Latitude: ? S'• 3!
Evaluator:
County: Longitude:
Total Points: 7 2_
Stream is at least intermittent Stream Determination (circle one) Other
if? 19 or Perennial if? 34* %V Ephemeral Intermittent Perennial e.g.
Quad Name; f �✓ �s v l �J/j
A. Geomorphology (Subtotal = )
1 a- Continuity of channel bed and bank
Absent
Weak
Moderate
Strong
2. Sinuosity of channel along thalweg
0
0
t
2
3
3. in -channel structure; ex. riffle-poof, step -pool,
1
2
3
ripple -pool sequence
0
t
2
3
4. Particle size of stream substrate
0
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1.
�
2
g
7. Recent alluvial deposits
2
3
ti. Headcuts.
0
1
2
3
9. Grade control
0
1
2
3
10. Natural valley
0
0 5
11. Second or greater order. channel
0.5
'artificial ditches aro not rated; see discussions in manual
No = 0
Yes = 3
B. H drolo (Subtotal =
12. Presence of Baseflow
0
13. Iron oxidizing bacteria
0
1
2
3
14, Leaf lifter
1.6
1
2
3
15. Sediment on plants or debris
1
0.5
00
16. Organic debris lines or piles
0
0,5
1
1.5
17. Soil -based evidence of high water table?
0,5
1
.1.5
C. Biolo Subtotal =
No = 0
Yes 3
18. Fibrous roots in streambed
3
19. Rooted upland. plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
2
.1
0
21. Aquatic Mollusks
1
2
3
22. Fish
1
0.5
2
1
3
23. Crayfish
1.5
-2-4: Amphibians -------._____._:_ ...-__--�---�----- _ .....
_ ...:
0,5
1
1.5
25. Algae
0
26. Wetland plants in streambed
0.5
1
1.5
*perennial streams may also be identified using oth@r methods. Sea p. 35 of manual. FACW = 0.75;
OBL =1.5 Other = 0
Notes:
Sketch: },
W1 RN ►vlAnd
Pctt5f,bTrcJ77S9tozk/
� nn

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROL INA
Environmental Quality
July 10, 2019
Cara Conder DWR ID# 2018-0181v3
Water & Land Solutions, LLC Wayne County
7721 Six Forks Rd, Suite 130
Raleigh, NC 27615
(via electronic mail: cara(&waterlandsolutions.com )
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Scarborough Site Phase II
Located near 35.321936,-77.983744 off Casey Mill Road, Goldsboro, NC
Neuse 03020202
Dear Ms. Conder
On June 3, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Water & Land Solutions, LLC (WLS) for a site visit at the above -referenced
site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020202. The purpose of the
site visit was to determine the potential for riparian buffer mitigation and nutrient offset within the
proposed site boundary, shown on the attached map labeled "Figure 4b". It's DWR's understanding
that WLS intends to proposed portions of this site to the Inter -Agency Review Team (IRT) as a
stream and wetland mitigation site. The upstream portion of this site known as the "Scarborough
Site" has already been assessed, and the mitigation determination performed by DWR was issued to
WLS on March 29, 2019. On July 2, 2019, Ms. Merritt performed a site assessment of the adjacent,
subject site. Staff with WLS were also present.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' for each existing feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
North Carolina Department of Environmental Quality I Division of Water Resources
��,D_EQ 512 North Salisbury Street 1 1617 Mali Service Center I Raleigh, North Carolina 27699-1617
:oun, cn4:xra�
919.707.9000

Scarborough Site Phase it
Water Land Solutions, LLC
July 10, 2019
Feature CD
Classification
'Subject
IQ
Riparian Land uses
adjacent to Feature
Buffer
Credit
?Nutrient Onset
Mitigation a Detetnninaiion
w/in riparian areas
in the field
Viable at
Buffer
(0-200')
Viable
2,273.021bs-N
Rule
per acre
A
Ditch
No
Non -forested
N/A
N/A
N/A
Proposed to be
agricultural fields
Overland flow of runoff, directional
filled/plugged
flow of runoff within the ditch, and
direct hydrological connectivity to
Feature B was not assessed onsite.
B
Stream
Yes
Non -forested
Yes
Yes
Fields - Restoration Site per 15A
agricultural fields
NCAC 02B .0295 (n)
'Subjectivity calls for the features were determined by DWR in correspondence dated July 5, 2019, using the 1:24,000
scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map
prepared by the NRCS .
i NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment Nutrient offset credit cannot be generated adjacent to coastal headwater stream
restoration sites
The maps attached to this letter were prepared by AILS and were initialed by Ms. Merritt on July 8,
2019. This letter should be provided in all stream and wetland, buffer and/or nutrient offset
mitigation plans for this site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on July 8, 2021 or upon the submittal of an As -Built Report to
the DWR, whichever comes first. This letter should be provided in all stream, wetland or buffer
mitigation plans for this Site.
Page 2 of 3

Scarborough Site Phase if
Water Land Solutions, LLC
July 10, 2019
Please contact Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
KAHA7n
Attachments: Figure 4b
cc. File Copy (Katie Merritt)
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
Page 3 of 3

-7, Legend
Site Limits
' " F 4
F 1.11.
r
3 .v'
�'• tea., #fir
0 500 1,000
Feet 41r.
r�
FIGURE
WATER & LAND Scarborough 2007 Aerial
SOLUTIONS Phase Map
Mitigation Project NAD 1983 2011 State Plane 4b
North Carolina FIPS 3200 FT US

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Diret'lor
Water and Land Solutions, LLC
Attn: Ms. Cara Conder
7721 Six Forks Rd, Suite 130
Raleigh, NC 27615
NORTH CAR JLINA
Environmental Quality
July 5, 2019
DWR #18-0181 V4
WAYNE County
Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0233)
Subject Property/ Project Name: Scarborough Phase 2 Mitigation Site
Address/Location: 2157 Pecan Road, Goldsboro
Stream(s) Evaluated: Uts to Neuse River
Determination Date: 07/02/2019
Staff: Anthony Scarbraugh
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 02B .0233)
❑ Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 02B .0259)
❑ Catawba (15A NCAC 02B .0243)
❑ Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 02B .0250)
❑ Goose Creek (15A NCAC 02B .0605-.0608)
Stream
E/I/P*
Not
Subject
Start@
Stop@
Soil
USGS
Subject
Survey
Topo
18-0181 V4 A
Ditch
X
Flag: 18-0181 V4
Flag: 18-0181 V4
X
A Begin
A End
18-0181 V4 B
P
X
Flag: 18-0181 V4
Flag: 18-0181 V4
X
X
B Begin
B End
*E/I/P/NSP = Ephemeral/Intermittent/Perennial/No Stream Present
The Division of Water Resources has determined that the streams listed above and included on the
attached map have been located on the most recent published NRCS Soil Survey of WAYNE County, North
Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for
applicability to the NEUSE River Riparian Buffer Rules. Each stream that is checked "Not Subject" has been
D E+Q��
Dean`
ru„un 0 En;i,mmenrel 9uaai,
North Carolina Xpartrnent oFEnvironrnental Quality DIVi51on of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27881)
252.946.6.381

Wayne County
Page 2 of 2
determined to not be at least intermittent or not present on the property. Streams that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be at least
intermittent streams. There may be other streams or features located on the property that do not appear
on the maps referenced above but may be considered jurisdictional according to the US Army Corps of
Engineers and subject to the Clean Water Act.
This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director.
An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in
writing.
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
c/o Karen Higgins % Karen Higgins
DWR — 401 & Buffer Permitting Unit DWR — 401 & Buffer Permitting Unit
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 27699-1617 Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty (60)
days.
This determination only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any
inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of
Engineers Washington Regulatory Field Office at (919)-554-4884, Ext. 22.
If you have questions regarding this determination, please feel free to contact Anthony Scarbraugh at
[phone].
Sincerely,
P10X Tia.t•"
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: LASERFICHE
Samantha Dailey, USACE Raleigh Regulatory Field Office (via email)
Samir Dumpor, DELMR WaRO (via email)
Jim Lynch, Sleepy Creek Farms, Inc., PO Box 10009, Goldsboro, NC 27532

Scarborough Phase 2 Mitigation Site
2016 SE Goldsboro USGS Topographic Map 1:24K —
II ��
it
to
Management
dwater P"O=" j
euse
Date M1.9
fluvIewed
hw
kw. 9E3 m M4 0 C3mh
Legend
18-0181 V4 A Not Subject
• * 18-0181 V4 B Subject
Flag: 18-0181 V4

Scarborough Phase 2 Mitigation Site
Quality Level 2 LiDAR from NC Floodplain Mapping Program
—�
INDOW
n �I:
O O O ' Eff
J 20,18 Google
Flaa: 18-0�B Bec
IN
Legend
18-0181 V4 A Not Subject
18-0181 V4 B Subject
I 1tJLI
1 V4
18=0181 V�4 B E=ndl
1915

Attachment B — Photo Log

Appendix B — Existing Conditions Photos
UT1-RI: channelized conditions and lack of riparian
buffer (04/06/18)
Looking downstream at channelized conditions along
UT1-R3(04/24/19)
UT2(04/06/18)
UT1-R2: looking downstream at ditched conditions
(04/06/18)
UT1A(04/06/18)
UT3 (04/06/18)

Attachment C — Model Conservation Easement

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 201_ by and between ,
("Grantor") and ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine,
feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property");
WHEREAS, Grantee is a charitable, not -for -profit or educational corporation,
association, or trust qualified under § 501(c)(3) and § 170 (h) of the Internal Revenue
Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers of which include
one or more of the purposes (a) — (d) listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of real

property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following
natural communities: add or delete as appropriate: wetlands, streams, and riparian
buffers. The purpose of this Conservation Easement is to maintain streams, wetlands
and riparian resources and other natural values of approximately _acres, more or
less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and
prevent the use or development of the Conservation Easement Area for any purpose
or in any manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument
(MBI) and Mitigation Plan for the
Mitigation Bank, Department of the
Army(DA) Action ID NumberSAW- entitled "Agreement to Establish
the Mitigation Bank in the River Basin within the State of
North Carolina", to be made and entered into by and between acting as
the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency ReviewTeam (IRT). The
Mitigation Site has been approved by the Corps for use as a mitigation bank to
compensate for unavoidable stream and wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the Riparian Buffer
and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development
Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation
Bank, North Carolina Division of Water Resources (NCDWR) Project ID# ,
which was approved by the NCDWR, and will be made and entered into by and
between , acting as the Bank Sponsor, and the NCDWR. The
Riparian Buffer and Nutrient Offset Site is intended to be used to
compensate for riparian buffer and nutrient impactsto surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement
shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third -
Parties"), and may be exercised through the appropriate enforcement agencies of the
United States and the State of North Carolina, and that these rights are in addition to,
and do not limit, the rights of enforcement under the NC DWR Project ID#
and the Department of the Army instrument number SAW -
("Mitigation Banking Instrument"), or any permit or certification issued by the Third -
Parties.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the

receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area
described on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is
an easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with
the purpose of this Conservation Easement is prohibited. The Conservation
Easement Area shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the
Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and
uses are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area 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 Conservation
Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are
prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement
Area except as provided in the Mitigation Plan and Bank Parcel Development Plan.
Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or

volunteer trees and shrubs approved in the Mitigation Plan and BPDP is allowable once
a year for no more than five consecutive years from the date on page 1 of this
Conservation Easement, except where mowing will negatively impact vegetation or
disturb soils. Mowing activities shall only be performed by and shall not
violate any part of Item L of Article II.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the Conservation Easement Area; nor enlargement or modification to existing
roads, trails orwalkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area, except the posting of no trespassing signs, signs identifying the conservation
values of the Conservation Easement Area, signs giving directions or proscribing rules
and regulations for the use of the Conservation Easement Area and/or signs identifying
the Grantor as owner of the Conservation Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any
manner on the Conservation Easement Area, except to restore natural topography or
drainage patterns. For purposes of restoring and enhancing streams and wetlands
within the Conservation Easement Area, is allowed to perform grading,
filling, and excavation associated with stream and wetland restoration and
enhancement activities as described in the Mitigation Plan and authorized by
Department of the Army Nationwide Permit 27.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns. In addition,
diverting or causing or permitting the diversion of surface or underground water into,
within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered
or extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
temoorary or occasional access by the Enter Sponsor Name. the Grantee. its

employees and agents, successors, assigns, NCDWR, and the Corps for purposes of
constructing, maintaining and monitoring the restoration, enhance mentand
preservation of streams, wetlands and riparian areas within the Conservation
EasementArea..
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant,
the preservation of the Conservation Easement Area substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
/_1C 111049lll
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights
of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement
Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Area, 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, including acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area in accordance with the approved Mitigation Plan, the
Bank Parcel Development Package, and the two Mitigation Banking
Instruments described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Corps
and NCDWR, shall have the right to enter the Property and Conservation Easement Area
at all reasonable times for the purpose of inspecting the Conservation Easement Area to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Enter Sponsor Name, and its authorized representatives,
successors and assigns, the Corps and NCDWR shall also have the right to enter and go
upon the Conservation Easement Area 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, the Corps, and

NCDWR are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Conservation Easement Area thatmay 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 terms 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
and the NCDWR shall have the same rights and privileges as the said Grantee to
enforce the terms and conditions of this Conservation easement..
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
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area 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 Conservation Easement Area. 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 Conservation
Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the
Grantee hereby covenants and agrees, that in the event it transfers or assigns this
Conservation Easement, the organization receiving the interest will be a qualified
holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3)
and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or
assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severability. The combined Mitigation Banking
Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding
BPDP, and this Conservation Easement 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 effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the
Property free of any liens or other encumbrances for obligations incurred by Grantor.
Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as
expressly 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. Long -Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated
with fencing to ensure livestock do not have access to the Protected Property. These
activities include the maintenance and/or replacement of fence structures, as deemed
necessary by the Grantee, to ensure the aquatic resource functions within the
boundaries of the Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, by judicial
proceeding.

H. Eminent Domain. Whenever all or part of the Conservation Easement Area
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.
I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area 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 as determined at the time of the
extinguishment or condemnation.
J. 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:
[Name, address and fax number]
To Grantee:
[Name, address and fax number]
To Snonsor:
To the Corns:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDEQ -DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
K. 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.
L. 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.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
of the Mitigation Plan, 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 Conservation Easement Area 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
Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]