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Home My WebLink About20190645 Ver 1_Draft Mitigation Plan_20191114ID#* 20190645 Version* 1 Select Reviewer:* Katie Merritt Initial Review Completed Date 11/14/2019 Mitigation Project Submittal - 11/14/2019 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer V Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Jeremiah Dow Project Information ................................................................................... ID#:* 20190645 Existing IDI# Project Type: Project Name: Email Address:* jeremiah.dow@ncdenr.gov Version: *1 Existing Version r DMS r Mitigation Bank Mangum Homestead Mitigation Site County: Orange Document Information Mitigation Document Type:* Mitigation Plans File Upload: Mangum _100107_FDMP 2019-11-07.pdf 21.88MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* Jeremiah Dow Signature:* MITIGATION PLAN November 2019 Mangum Homestead Mitigation Site Orange County, NC NCDEQ Contract No. 7859 DMS ID No. 100107 DWR No. 2019‐0645 Jordan Lake‐Upper New Hope Cape Fear River Basin HUC 03030002 RFP #: 16‐007702 PREPARED FOR: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699‐1652 MITIGATION PLAN Mangum Homestead Mitigation Site Orange County, NC NCDEQ Contract No. 7859 DMS ID No. 100107 DWR No. 2019‐0645 Jordan Lake‐Upper New Hope Cape Fear River Basin HUC 03030002 PREPARED FOR: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699‐1652 PREPARED BY: Wildlands Engineering, Inc. 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Phone: (704) 332‐7754 This Mitigation Plan has been written in conformance with the requirements of the following:  15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers.  15A NCAC 02B .0262 Jordan Water Supply Nutrient Strategy  15A NCAC 02B .0240 Nutrient Offset Payments  NCDEQ Division of Mitigation Services In‐Lieu Fee Instrument signed and dated July 28, 2010. These documents govern DMS operations and procedures for the delivery of compensatory mitigation. Contributing Staff: Andrea Eckardt Project Manager John Hutton, Principal in Charge Andrea Eckardt, Mitigation Plan Development Daniel Taylor, Construction Administrator Daniel Dixon, Monitoring Lead Christine Blackwelder, Lead Quality Assurance MEMORANDUM TO: Jeremiah Dow, Division of Mitigation Services FROM: Andrea Eckardt DATE: November 7, 2019 RE: Task 3 ‐ Mitigation Plan Report Mangum Homestead Mitigation Site Cape Fear River Basin Cataloging Unit 03030002 DMS Project ID #100107, Contract No. 7859 This memo documents DMS’s Mitigation Plan review comments (in italics) received from Jeremiah Dow’s letter dated November 5, 2019, the project team’s responses, and where the revisions have been included in the final Mitigation Plan. 1. Title Page: a. Add DWR number – 20190645 The DWR number has been added to the cover page. 2. Table 8 a. Please verify square feet of nutrient offset mitigation. The number does not match the submitted digital table or DMS’s calculations. b. Please verify square feet of riparian buffer Restoration and Enhancement, and how they were determined/calculated. GIS analysis of the submitted shapefile does not match the table. The easement boundary for the project has been modified slightly based on updated parcel boundary and easement crossing information from the surveyor. Based on the slight change in boundary, easement acreage and credit totals have been updated throughout the report, including Table 8. All figures and the GIS data have been updated with the latest easement boundary and match the credit table as well. See table below for the updated summary of credits. TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 31,789 31,789.000 Enhancement: 4,836 2,418.000 Preservation: 12,207 1,221.000 Total Riparian Buffer: 48,832 35,428.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: 657,769 19,981.445 Phosphorus: 1,259.513 2 3. This is a reminder that Task 2 has not been completed and will not be complete until the Conservation Easement is recorded for this project and all required deliverables have been submitted to the DMS Project Manager and State Property Office. Understood. Task 2 is currently scheduled to be submitted for SPO and DMS review by November 30, 2019. 4. DMS will not submit the final mitigation plan to DWR for a written letter of approval until all easements are closed and provided to SPO and DMS and included in the Appendix of the mitigation plan. Understood. 5. Wildlands is under contract to provide 43,560.000 riparian buffer credits. The draft mitigation plan claims a potential to generate 35,381.000 riparian buffer credits which is 8,179.000 credits below contract. This will be reconciled at as-built if the project remains below contract. Wildlands understands that if the project remains below the contract values after construction, this credit/contract discrepancy will be reconciled based on the as‐built survey credit calculations. 6. Electronic Deliverables a. Please provide an easement boundary and/or a project stream top of bank polygon for GIS. The easement boundary and stream top of bank polygon have been added to the geodatabase included in this submittal. Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page i November 2019 TABLE OF CONTENTS 1.0 Introduction .............................................................................................................................. 1 2.0 Mitigation Project Summary...................................................................................................... 3 2.1 Existing Site Conditions ................................................................................................................. 3 2.2 Watershed Characterization ......................................................................................................... 3 2.3 Soils ............................................................................................................................................... 4 2.4 Geology ......................................................................................................................................... 4 2.5 Vegetation .................................................................................................................................... 5 2.6 Site Constraints and Access .......................................................................................................... 5 2.7 Current Site Resources ................................................................................................................. 5 2.8 Historic Site Resources ................................................................................................................. 5 3.0 Site Protection Instrument ........................................................................................................ 5 3.1 Site Protection Instruments Summary Information ..................................................................... 5 3.2 Current Ownership and Long‐Term Protection ............................................................................ 6 4.0 Regulatory Considerations ........................................................................................................ 6 4.1 Threatened and Endangered Species ........................................................................................... 6 4.2 Cultural Resources and Significant Natural Heritage Areas ......................................................... 7 4.3 FEMA Floodplain Compliance ....................................................................................................... 7 4.4 Other Environmental Issues ......................................................................................................... 7 5.0 Determination of Credits ........................................................................................................... 8 6.0 Mitigation Work Plan ................................................................................................................ 9 6.1 Parcel Preparation ........................................................................................................................ 9 6.2 Riparian Area Restoration Activities ............................................................................................. 9 6.3 Riparian Area Enhancement Activities ....................................................................................... 10 6.4 Riparian Area Preservation Activities ......................................................................................... 10 7.0 Performance Standards ........................................................................................................... 10 7.1 Vegetation .................................................................................................................................. 10 7.2 Drone Photographs ..................................................................................................................... 11 7.3 Visual Assessments ..................................................................................................................... 11 7.4 Reporting Performance Criteria ................................................................................................. 11 7.5 Maintenance and Contingency Plans ......................................................................................... 11 8.0 Monitoring Plan ...................................................................................................................... 11 8.1 Monitoring Components ............................................................................................................ 11 9.0 Long‐Term Management Plan ................................................................................................. 12 10.0 Adaptive Management Plan .................................................................................................... 12 11.0 References .............................................................................................................................. 13 Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page ii November 2019 TABLES Table 1 Ecological and Water Quality Goals Table 2 Buffer Project Attributes Table 3 Drainage Areas and Associated Land Use Table 4 Project Soil Types and Descriptions Table 5 Site Protection Instrument Table 6 Project Attribute Table Table 7 Project Mitigation Credits Table 8 Total Area of Mitigation Table 9 Selected Tree Species Table 10 Monitoring Components FIGURES Figure 1 Vicinity Map Figure 2 Site Map Figure 3 USGS Topographic Map Figure 4 Watershed Map Figure 5 1977 NRCS Soil Survey Map Figure 6 Concept Map Figure 7 Riparian Buffer Zones Map Figure 8 Monitoring Map APPENDIX Historical Aerial Photographs Existing Conditions Photographs NC Division of Water Resources Site Viability for Buffer Mitigation and Nutrient Offset Letter NC Division of Water Resources On‐Site Determination for Applicability to the Jordan Lake Buffer Rules Site Protection Instrument Categorical Exclusion Form – August 27, 2019 EDR Summary Report Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 1 November 2019 1.0 Introduction The Mangum Homestead Mitigation Site (Site) is located in Orange County approximately three miles northwest of the Town of Carrboro (Figure 1). The Site involves buffer restoration, enhancement, and preservation on four unnamed tributaries and three ephemeral channels that flow to New Hope Creek upstream of Jordan Lake. The Site is being submitted for buffer mitigation credit and nutrient offset credit in the Cape Fear River Basin HUC 03030002 in accordance with the Consolidated Buffer Mitigation Rules (15A NCAC 02B .0295), the Jordan Water Supply Nutrient Strategy (15A NCAC 02B .0262) and the Nutrient Offset Payments Rule (15A NCAC 02B .0240). The project is located within the Cape Fear River Basin Hydrologic Unit Code (HUC) 03030002060110, Upper New Hope – Jordan Lake Sub‐watershed, and NCDWR Subbasin 03‐06‐05. Project streams flow approximately one mile to the confluence with New Hope Creek, which is classified as Nutrient Sensitive Waters (NSW) by the North Carolina Division of Water Resources (NCDWR). The project supports specific goals identified in the 2009 Cape Fear River Basin Restoration Priorities Plan (RBRP) by addressing nutrient reductions through buffer restoration and improving habitat for the native mussel species present in the HUC. The major goals of the buffer restoration project are to provide ecological and water quality enhancements to Jordan Lake in the Cape Fear River Basin by creating a functional riparian corridor and restoring the riparian buffer. Specific enhancements to water quality and ecological processes are outlined below in Table 1. This riparian buffer restoration project will reduce sediment and nutrient loading, provide and improve terrestrial and in stream habitats, and improve stream and bank stability. The area surrounding the streams and ephemeral channels is currently agricultural fields, typically used to grow hay. Restoring up to 200 feet of vegetative buffer along the streams and channels will remove the crops and fertilizer inputs within the project area. The restored floodplain areas will filter sediment during high rainfall events. The establishment of riparian buffers will create shading to minimize thermal heating. Finally, invasive vegetation will be treated within the project area and newly planted native vegetation will provide cover and food for wildlife. Mangum Homestead Mitigation Site Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 2 November 2019 Table 1: Ecological and Water Quality Goals Goal Objective CU‐Wide and RBRP Objectives Supported Decrease nutrient levels Nutrient input will be decreased by filtering runoff from the agricultural fields through restored native buffer zones. The off‐site nutrient input will also be absorbed on‐site by filtering flood flows through restored floodplain areas, where flood flows can disperse through native vegetation. Reduce nutrient inputs to waters of the Cape Fear River. Decrease sediment input Sediment from off‐site sources will be captured by deposition on restored floodplain areas where native vegetation will slow overland flow velocities. Reduce sediment inputs to waters of Cape Fear River. Decrease water temperature and increase dissolved oxygen concentrations Establishment and maintenance of riparian buffers will create additional long‐term shading of the channel flow to reduce thermal pollution. Improve habitat to wildlife by providing additional habitat. Reduction of peak flows Establishment of a riparian buffer area will slow flood flows and allow for greater infiltration, reducing peak flows downstream. Restoration of degraded riparian buffers. Create appropriate terrestrial habitat Buffer areas will be restored by removing invasive vegetation and planting native vegetation. Restoration of degraded riparian buffers. Permanently protect the project Site from harmful uses. Establish a conservation easement on the Site will protect the riparian corridor in perpetuity. Protect aquatic habitat; protect water supply waters Table 2: Buffer Project Attributes Project Name Mangum Homestead Mitigation Site Hydrologic Unit Code 03030002060110 River Basin Cape Fear Geographic Location (Lat, Long) 35° 59’ 49.23’’ N, 79° 8’ 44.77’’ W Site Protection Instrument (DB, PG) To be recorded Total Credits (Riparian Buffer), Total Credits (Nutrient Offset) 35,428.000 ft2 , 19,981.445 lbs. N, 1,259.513 P Types of Credits Riparian Buffer, Nutrient Offset Credit Mitigation Plan Date November 2019 Initial Planting Date March 2020 Baseline Report Date May 2020 MY1 Report Date December 2020 MY2 Report Date December 2021 MY3 Report Date December 2022 MY4 Report Date December 2023 MY5 Report Date* December 2024 *Meets success criteria (schedule progression has been developed assuming that the site meets success criteria each monitoring year) Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 3 November 2019 2.0 Mitigation Project Summary The major goals of the buffer restoration project are to provide ecological and water quality enhancements to Jordan Lake in the Cape Fear River Basin by creating a functional riparian corridor and restoring the riparian buffer. Specific enhancements to water quality and ecological processes are outlined in Table 1. The major attributes and timeline of the project are outlined in Table 2. The following sections describe the Site in terms of the existing site conditions, watershed, soils, geology, vegetation, site constraints, current site resources and historic resources. 2.1 Existing Site Conditions The buffer restoration site is approximately 19.89 acres of primarily agricultural fields located on the Mangum Family Homestead. The project includes the restoration, enhancement, and preservation of riparian buffers along four unnamed tributaries and three ephemeral channels: UT to New Hope Creek, UT1, UT2, UT2A and E1‐E3 (Figure 2). While UT to New Hope Creek, UT1, and E3 have areas of established forested vegetation, UT2, UT2A, and E1‐E2 are mowed regularly with no existing riparian buffer. Historically, the Site was used for cattle, but its current use is predominantly agricultural fields for hay production. The family has donkeys and goats on the property, but their access is currently restricted to UT2A. Historical aerials from 1938 through 2016 are included in the Appendix and further document the Site’s long history of agricultural use. The Site is characterized by gently sloped valleys dominated by agricultural fields. UT to New Hope Creek flows east through the Site in an established riparian buffer. While the right bank maintains a forested buffer, the left bank opens to agricultural fields. E1 enters the Site through a small pipe below a pond, flowing north through the agricultural fields into UT2 just upstream of the existing driveway. E2 enters the project parcels from a mature forest off the project parcels, flowing northwest through the agricultural fields into UT2, also at the confluence with E1. E3 enters the project parcels from a mature forest and flows south into UT1. UT1 then flows for approximately 150 into UT to New Hope Creek. E3 is buffered by a strip of mature trees extending out 20‐50 feet. UT2A is an intermittent stream that begins in the open agricultural field and flows north between multiple barns structures to join UT2. A current photolog is included in the Appendix. 2.2 Watershed Characterization The Site is located within the Targeted Local Watershed 03030002060110 and NCDWR Subbasin 03‐06‐ 05. The project streams flow to New Hope Creek which is classified as WS‐V and NSW by NCDWR. Class WS‐V waters are upstream water supply waters generally draining to WS‐IV waters and are protected for Class C uses (recreational use, agriculture, fishing and fish consumption, and the maintenance of biological integrity for wildlife). The NSW designation applies to surface waters that are experiencing excessive growths of microscopic or macroscopic vegetation. The Site topography, as indicated on the White Cross, NC USGS 7.5‐minute topographic quadrangle, shows gently sloped areas throughout the Site (Figure 3). Land uses draining to the project reaches are primarily forested with some agricultural and residential use (Figure 4). The watershed areas and current land use are summarized in Table 3, below. Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 4 November 2019 Table 3 Drainage Areas and Associated Land Use Reach Name DWR Stream Type Watershed Area (acres)Land Use UT to New Hope Creek Perennial 491 73% forested; 19% agriculture; 4% developed; 2% grassland; 1% shrub; 1% open water UT1 Intermittent 15 UT2 Intermittent 105 UT2A Intermittent 9 E1 Ephemeral 28 E2 Ephemeral 33 E3 Ephemeral 15 2.3 Soils The project site is mapped by the Orange County Soil Survey. Project area soils are mapped primarily as Enon loam, Chewacla, Wilkes gravelly loam, and Georgeville silt loam. These soils are described below in Table 4. An image of the paper copy of the 1977 Soil Survey of Orange County is provided in Figure 5. Table 4 Project Soil Types and Descriptions Soil Name Description EnB – Enon Loam, 2 to 6% slopes Enon loam consists of very deep, well drained, slowly permeable soils on gently sloping ridgetops (EnB) and moderate backslopes (EnC). Water capacity is moderately low to moderately high. Surface runoff is low to medium. EnC – Enon Loam, 6 to 12% slopes Ch – Chewacla, 0 to 2% slopes Chewacla consists of very deep, moderately permeable soils on toeslopes and floodplains. These soils are frequently flooded and somewhat poorly drained. Water capacity is moderately high to high. Surface runoff is negligible to low. WxD – Wilkes Gravelly Loam, 8 to 15% slopes Wilkes gravelly loam consists of shallow, well drained soils on moderate to steep backslopes. Permeability is moderately slow to slow, and surface runoff is medium to high. Water capacity is very low to low. WxF – Wilkes Gravelly Loam, 15 to 45% slopes GeC – Georgeville Silt Loam, 6 to 12% slopes Georgeville silt loam consists of very deep, well drained, moderately permeable soils on gently sloping ridgetops, shoulders, and backslopes. Water capacity is moderately high to high. Surface runoff is medium. Source: Orange County Soil Survey, USDA‐NRCS, https://www.nrcs.usda.gov/Internet/FSE_MANUSCRIPTS/north_carolina/orangeNC1977/map22.pdf 2.4 Geology The Site is located in the Carolina Slate Belt of the Piedmont physiographic province. The landscape of the Piedmont is characterized by gently rolling, well‐rounded hills with long low ridges, with elevations ranging anywhere from 300 to 1,500 feet above sea level. The Carolina Slate Belt consists of heated and deformed volcanic and sedimentary rocks. Approximately 550 to 650 million years ago, this region was the site of a series of oceanic volcanic islands (NCGS, 2018). According to the Geologic Map of North Carolina (1985), the underlying geology of the Site is mapped as late Proterozoic to Cambrian age felsic metavolcanic rock (CZfv). The unit is described as metamorphosed dacitic to rhyolitic flow and tuffs that Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 5 November 2019 is light gray to greenish gray in color and is interbedded with mafic and intermediate metavolcanics rock, meta‐argilite, and metamudstone. 2.5 Vegetation Vegetation communities within the project area are primarily comprised of open pastures dominated by various graminoid species. Except for a few small areas of mixed hardwood forest, the Site has been regularly mowed and maintained up to the project features and lacks canopy, understory, and shrub vegetative layers. The areas of existing hardwood bottomland forest exist in a thin strip adjacent to UT to New Hope Creek, UT1 and E3 as well as a larger section along the confluence of UT to New Hope Creek and UT2. These forested areas exhibit mature canopy tree species with a moderate understory shrub and vine layer. These areas are in good condition and show no evidence of recent maintenance or vegetation disturbances. Canopy hardwood species include sugarberry (Celtis laevigata), eastern red cedar (Juniperus virginiana), black walnut (Juglans nigra), tulip‐poplar (Liriodendron tulipifera), umbrella tree (Magnolia tripetala), American elm (Ulmus americana), black willow (Salix nigra), and sweetgum (Liquidambar styraciflua). 2.6 Site Constraints and Access The Site is accessible for construction, monitoring, and long‐term stewardship from Arthur Minnis Road (Figure 2). There are four culverted crossings that will be internal conservation easement crossings. These internal crossings are included in the conservation easement boundary but are not included in credit calculations: crossing number 1 is on UT2A, crossing number 2 is on UT to New Hope Creek, and crossings 3 and 4 are on UT2. Two existing utility poles shown on Figure 2 will be relocated and realigned within crossing 3 (Figure 6). Existing fencing within the easement boundary will be removed and/or relocated to keep livestock out of the easement. There is a large deer stand on the property, shown on Figure 2 that is adjacent to, but outside of the conservation easement boundary. 2.7 Current Site Resources On July 19, 2019 NCDWR conducted on‐site determinations to review features and land use within the project boundary. The resulting NCDWR site viability letter and map confirmed the seven project features on the Site are suitable for riparian buffer credit pursuant to 15A NCAC 02B .0295 and for nutrient offset mitigation per 15A NCAC 02B .0240. NCDWR also reviewed the Site for its applicability to the Jordan Riparian Area Protection Rules (15A NCAC 02B .0267). Both letters from NCDWR are included in the Appendix. 2.8 Historic Site Resources The Site has historically been used for agricultural purposes. Historic aerial photos are included in the Appendix and date back to 1938, showing the site in various stages of timber clearing, row crop production, and cattle pasture. 3.0 Site Protection Instrument 3.1 Site Protection Instruments Summary Information The land required for buffer planting, management, and stewardship of the mitigation project includes portions of the parcels listed in Table 5. The conservation easement on this property has not yet been recorded. A copy of the draft land protection instrument is included in the Appendix. Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 6 November 2019 Table 5: Site Protection Instrument Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage to be Protected Janie B. Mangum and Robert W. Mangum 9851671991 9851763367 9851778621 Orange Conservation Easement To Be Recorded 19.89 3.2 Current Ownership and Long‐Term Protection The Site is located on three parcels owned by Janie B. Mangum and Robert W. Mangum. An option agreement for the project area shown on the Figures have been signed by the property owners and a Memorandum of Option has been recorded at the Orange County Register of Deeds. The option agreement allows restriction of the land use in perpetuity through a conservation easement. Wildlands will convey the conservation easement to the State to provide long‐term protection of the Site. The conservation easement agreement will ensure the right of entry abilities of Wildlands, its contractors, and the future easement holder in any future land transactions. 4.0 Regulatory Considerations Table 6, below, is a summary of regulatory considerations for the Site. These considerations are expanded upon in Sections 4.1‐4.4. A copy of the signed Categorical Exclusion Form for the project is included in the Appendix. Table 6: Project Attribute Table Regulatory Considerations Parameters Applicable? Resolved? Supporting Docs? Water of the United States ‐ Section 404 No N/A N/A Water of the United States ‐ Section 401 No N/A N/A Endangered Species Act Yes Yes Appendix (Categorical Exclusion) Historic Preservation Act Yes Yes Appendix (Categorical Exclusion) Coastal Zone Management Act No N/A N/A FEMA Floodplain Compliance No N/A N/A Essential Fisheries Habitat No N/A N/A 4.1 Threatened and Endangered Species The NC Natural Heritage Program (NHP) database and the US Fish and Wildlife Service (USFWS) database were searched for federally listed threatened and endangered plant and animal species in Orange County, NC. The Orange County listed endangered species includes the Atlantic pigtoe (Fusconaia masoni), the Michaux’s sumac (Rhus michauxii), and the Smooth coneflower (Echinacea laevigata). The USFWS lists Critical Habitat Designations for federally listed species, which includes the Atlantic pigtoe. However, the project location is outside the USFWS defined Critical Habitat Designations. No Critical Habitat Designations are listed by the USFWS for the Michaux’s sumac or the Smooth coneflower. Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 7 November 2019 As a result of a pedestrian survey conducted on June 19, 2019, no individual species, suitable habitat or critical habitat were found to exist for the Michaux’s sumac, smooth coneflower or the Atlantic pigtoe. The survey was conducted during the blooming season for both of the endangered vascular plants; therefore, Wildlands is confident with the determination of “no effect” on the two listed plant species. A self‐certification letter was submitted through the USFWS Information for Planning and Consultation database (IPaC) requesting comment from USFWS dated July 5, 2019. No response from the USFWS was received within the 45‐day response period. Therefore, Wildlands assumes USFWS has no comments regarding associated laws and does not have any information relevant to the project at the current time. The approved Categorical Exclusion form for the project is included in the Appendix. 4.2 Cultural Resources and Significant Natural Heritage Areas The National Historic Preservation Act declares a national policy of historic preservation to protect, rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American architecture, history, archaeology, and culture, and Section 106 mandates that federal agencies take into account the effect of an undertaking on a property that is included in, or is eligible for inclusion in, the National Register of Historic Places. There are no existing structures in the project easement area. The Site is not located near any sites listed on the National Register with the State Historic Preservation Office (SHPO). SHPO commented on April 12, 2019 and “was aware of no historic resources that would be affected by the project”. The approved Categorical Exclusion form for the project is included in Appendix. 4.3 FEMA Floodplain Compliance The Site is not located in a FEMA floodplain. No grading activities are planned for the floodplain, so a floodplain development permit will not be required. No hydraulic modeling is planned for this project. 4.4 Other Environmental Issues An EDR Radius Map Report with GeoCheck was ordered for the Site through Environmental Data Resources, Inc. on December 11, 2018. The target property and the adjacent properties are not listed in any of the Federal, State, or Tribal environmental databases searched by EDR. There were no known or potential hazardous waste sites identified within one mile of the Site. The executive summary of the EDR report is included in the Appendix. Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 8 November 2019 5.0 Determination of Credits The Site is a riparian restoration, enhancement, and preservation site with 19,981.445 pounds of nutrient offset credits (nitrogen), 1,259.513 pounds of phosphorus and 35,428.000 square feet of riparian buffer credits (Tables 7 and 8 and Figure 6). The mitigation credit calculation was derived based on Wildlands’ conceptual design for maximum ecological uplift. The buffer zones and subject and non‐subject stream designations are shown on Figure 7. The management objectives, mitigation type, and amount of buffer mitigation are presented below. Table 7: Project Mitigation Credits Cape Fear ‐ Jordan Upper New Hope 03030002060110 Service Area 32.91899 N Credit Ratio (sf/credit) 522.2408 P Credit Ratio (sf/credit) Credit Type Location Subject Feature Type Mitigation Activity Min‐Max Buffer Width (ft) Feature Name Total Area (sf) Total (Creditable) Area of Buffer Mitigation (sf) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (lbs) Delivered Nutrient Offset: P (lbs) Buffer Rural Yes I / P Restoration 0‐100 UT2A 24,748 24,748 1 100% 1.00000 Yes 24,748.000 No — — Buffer Rural Yes I / P Enhancement 0‐100 UT2A 4,836 4,836 2 100% 2.00000 Yes 2,418.000 No — — Nutrient Offset Rural Yes I / P Restoration 0‐100 UT2A 5,740 5,740 1 100% 1.00000 Yes 5,740.000 Yes 174.367 10.991 Nutrient Offset Rural Yes I / P Restoration 0‐100 UT2 173,884 173,884 1 100% 1.00000 Yes 173,884.000 Yes 5,282.179 332.958 Nutrient Offset Rural Yes I / P Restoration 101‐200 UT2 23,413 23,413 1 33% 3.03030 Yes 7,726.298 Yes 711.231 44.832 Nutrient Offset Rural No Ephemeral Restoration 0‐100 E1 51,605 51,605 1 100% 1.00000 Yes 51,605.000 Yes 1,567.636 98.815 Nutrient Offset Rural No Ephemeral Restoration 101‐200 E1 3,077 3,077 1 33% 3.03030 Yes 1,015.411 Yes 93.472 5.892 Nutrient Offset Rural No Ephemeral Restoration 0‐100 E2 76,031 76,031 1 100% 1.00000 Yes 76,031.000 Yes 2,309.640 145.586 Nutrient Offset Rural No Ephemeral Restoration 101‐200 E2 4,538 4,538 1 33% 3.03030 Yes 1,497.541 Yes 137.854 8.689 Nutrient Offset Rural No Ephemeral Restoration 0‐100 E3 72,571 72,571 1 100% 1.00000 Yes 72,571.000 Yes 2,204.533 138.961 Nutrient Offset Rural No Ephemeral Restoration 101‐200 E3 36,263 36,263 1 33% 3.03030 Yes 11,966.802 Yes 1,101.583 69.437 Buffer Rural Yes I / P Restoration 0‐100 UT1 7,041 7,041 1 100% 1.00000 Yes 7,041.000 Yes 213.889 13.482 Nutrient Offset Rural Yes I / P Restoration 101‐200 UT1 6,205 6,205 1 33% 3.03030 Yes 2,047.652 Yes 188.493 11.881 Nutrient Offset Rural Yes I / P Restoration 0‐100 UT to New Hope Creek 119,850 119,850 1 100% 1.00000 Yes 119,850.000 Yes 3,640.756 229.492 Nutrient Offset Rural Yes I / P Restoration 101‐200 UT to New Hope Creek 84,592 84,592 1 33% 3.03030 Yes 27,915.388 Yes 2,569.702 161.979 Credit Type Location Subject? Feature Type Mitigation Activity Min‐Max Buffer Width (ft) Feature Name Total Area (sf) Total (Creditable) Area for Buffer Mitigation (sf) Initial Credit Ratio (x:1) % Full Credit Final Credit Ratio (x:1) Riparian Buffer Credits Buffer Rural Yes I / P Preservation 0‐100 UT to New Hope Creek 55,269 12,207 10 100% 10.00000 1,220.700 Buffer Rural Yes I / P Preservation 101‐200 UT to New Hope Creek 5,485 10 33% — Buffer Rural Yes I / P Preservation 0‐100 UT1 1,815 10 100% — Buffer Rural Yes I / P Preservation 0‐100 UT2 10,902 10 100% — Buffer Rural No Ephemeral Preservation 0‐100 E3 12,349 10 100% — Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 9 November 2019 Table 8: Total Area of Mitigation TOTAL AREA OF BUFFER MITIGATION (TABM) Mitigation Totals Square Feet Credits Restoration: 31,789 31,789.000 Enhancement: 4,836 2,418.000 Preservation: 12,207 1,221.000 Total Riparian Buffer: 48,832 35,428.000 TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Square Feet Credits Nutrient Offset: Nitrogen: 657,769 19,981.445 Phosphorus: 1,259.513 15A NCAC 02B .0295 (o)(5) ‐ Preservation Area is 25% of Total Buffer Mitigation Area 15A NCAC 02B 0295 (o)(7) ‐ Ephemeral Reaches are 0% of the Total Buffer Mitigation Area 6.0 Mitigation Work Plan The Wildlands Team proposes to restore a high quality of ecological function to riparian buffers of UT to New Hope Creek, UT1, UT2, UT2A, E1, E2, and E3 on the Site. The ecological uplift can be summarized as transforming an agriculturally impacted area to a protected riparian corridor. The project design will ensure that no adverse impacts to wetlands or existing riparian buffers occur. Figure 6 illustrates the conceptual design for the Site. Figure 7 depicts the riparian buffer zones (30 feet, 50 feet, 100 feet and 200 feet). Figure 7 also identifies whether the project streams are subject to the buffer rules, based on the DWR On‐Site Determination for Applicability to the Jordan Buffer Rules. 6.1 Parcel Preparation The land proposed for buffer restoration is used for agricultural fields. These areas will be tilled with a chisel plow to reduce soil compaction prior to planting. The fields within the project area contain few weeds and will likely only require some selective spot herbicide treatments. Any ephemeral ditches or swales entering the proposed buffer areas that are not being buffered themselves will have the flow disconnected and will be spread level through the buffer area for maximum nutrient treatment. Any existing fencing within the conservation easement boundary will be removed or relocated outside of the conservation easement boundary (Figure 6). 6.2 Riparian Area Restoration Activities The revegetation plan for the buffer restoration area will include permanent seeding, planting bare root trees, live stakes, and herbaceous plugs. These revegetation efforts will be coupled with controlling invasive species population. 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 Site, and best professional judgement on species establishment and anticipated site conditions in the early years following project implementation. Tree species planted across the buffer areas of the site will include a mixture of the species listed in Table 9 below: Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 10 November 2019 Table 9: Selected Tree Species Species Common Name Density Quercus phellos Willow Oak 10% Platanus occidentalis Sycamore 25% Betula nigra River Birch 20% Populus deltoides Eastern Cottonwood 15% Quercus michauxii Swamp Chestnut Oak 15% Diospyros virginiana American Persimmon 10% Acer negundo Boxelder 5% Trees will be planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B .0295 of 260 trees per acre at the end of five years of monitoring. No one tree species will be greater than 50% of the established stems. An appropriate seed mix will also be applied as necessary to provide temporary ground cover for soil stabilization and reduction of sediment loss during rain events in disturbed areas. This will be followed by an appropriate permanent seed mixture. Vegetation management and herbicide applications may be needed during tree establishment in the restoration areas to prevent establishment of invasive species that could compete with the planted native species. Planting is scheduled for March 2020. 6.3 Riparian Area Enhancement Activities The revegetation plan for the buffer enhancement areas under 15A NCAC 02B .0295(n) will include planting supplemental bare root trees and controlling invasive species growth. The tree species to be planted are listed in Table 9. 6.4 Riparian Area Preservation Activities No work is proposed in the buffer preservation areas, as allowed under 15A NCAC 02B .0295(o). The preservation area will be protected in perpetuity under a conservation easement. 7.0 Performance Standards The performance criteria for the Site will follow approved performance criteria presented in the guidance documents outlined in RFP 16‐007702 and the Consolidated Buffer Rule (15A NCAC 02B .0295). Annual monitoring and semi‐annual site visits will be conducted to assess the condition of the finished project. The buffer restoration project will be assigned specific performance criteria components for vegetation. Performance criteria will be evaluated throughout the five‐year post‐construction monitoring. An outline of the performance criteria components follows. 7.1 Vegetation The final vegetative success criteria will be the survival of at least 260 stems per acre at the end of the fifth year of monitoring. The extent of invasive species coverage will also be monitored and controlled as necessary throughout the required monitoring period. Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 11 November 2019 13 vegetation monitoring quadrants will be installed across the Site to measure the survival of the planted trees (Figure 8). Vegetation monitoring will follow the CVS‐EEP Protocol for Recording Vegetation (2008) or another DMS approved protocol. Reference photographs of the vegetation plots and Site will be taken during the annual vegetation assessments. 7.2 Reference Photographs Drone photographs will be taken within the project area once a year to visually document vegetation growth for five years following construction. 7.3 Visual Assessments Visual assessments will be performed within the Site on a semi‐annual basis during the five‐year monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation mortality, invasive species or encroachment). Areas of concern will be mapped and photographed accompanied by a written description in the annual report. Problem areas with be re‐evaluated during each subsequent visual assessment. Should remedial actions be required, recommendations will be provided in the annual monitoring report. 7.4 Reporting Performance Criteria Using the DMS Riparian Buffer and Nutrient Offset Buffer Baseline and Annual Monitoring Report Template version 2.0 (May 2017), a baseline monitoring document and as‐built record drawings of the project will be developed for the constructed Site. Complete monitoring reports will be prepared in the fall of each monitoring year and submitted to DMS. Annual monitoring reports will be based on the above referenced DMS Template (May 2017). The monitoring period will extend five years beyond completion of construction or until performance criteria have been met. 7.5 Maintenance and Contingency Plans The Wildlands Team will develop necessary adaptive measures or implement appropriate remedial actions in the event that the Site or a specific component of the Site fails to achieve the success criteria outlined above. The project‐specific monitoring plan developed during the design phase will identify an appropriate threshold for maintenance intervention based on the monitored items. Any actions implemented will be designed to achieve the success criteria specified previously and will include a work schedule and updated monitoring criteria (if applicable). 8.0 Monitoring Plan The Site monitoring plan has been developed to ensure that the required performance standards are met, and project goals and objectives are achieved. The monitoring report shall provide project data chronology that will facilitate an understanding of project status and trends, ease population of DMS databases for analysis and research purposes and assist in close‐out decision making. 8.1 Monitoring Components Project monitoring components are listed in more detail in Table 10 and Figure 8. Table 10: Monitoring Components Parameter Monitoring Feature Quantity Frequency Vegetation CVS Level 1 and 2 13 Annual Visual Assessment Y Semi‐Annual Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 12 November 2019 Parameter Monitoring Feature Quantity Frequency Exotic and nuisance vegetation Y Semi‐Annual Project Boundary Y Semi‐Annual Reference Photos Drone Photographs Y Annual 9.0 Long‐Term Management Plan The Site will be transferred to the NCDEQ Stewardship Program. This party shall serve as conservation easement holder and long‐term steward for the property and will conduct periodic inspection of the site to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship Program is developing an endowment system within the non‐reverting, interest‐bearing Conservation Lands Conservation Fund Account. The use of funds from the Endo wment Account will be governed by North Carolina General Statue GS 113A‐232(d)(3). Interest gained by the endowment fund may be used for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The Stewardship Program will periodically install signage as needed to identify boundary markings. Internal easement crossings planned for the project area will be the responsibility of the landowner to maintain. The Site Protection Instrument can be found in the Appendix. 10.0 Adaptive Management Plan Upon completion of Site construction, Wildlands will implement the post‐construction monitoring defined in Section 8. Project maintenance will be performed during the monitoring years to address minor issues as necessary. If, during annual monitoring it is determined the Site’s ability to achieve Site performance standards are jeopardized, Wildlands will notify the members of DMS/NCDWR and work with the DMS/NCDWR to develop contingency plans and remedial actions. Any actions implemented will be designed to achieve the success criteria specified previously and will include a work schedule and updated monitoring criteria (if applicable). Mangum Homestead Mitigation Site Mitigation Plan DMS ID No. 100107 Page 13 November 2019 11.0 References Natural Resources Conservation Service (NRCS), 2019. Web Soil Survey of Orange County. http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm. North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications. http://deq.nc.gov/about/divisions/water‐resources/planning/classification‐standards/classifications. North Carolina Geological Survey (NCGS), 1985. Geologic Map of North Carolina: Raleigh, North Carolina Department of Natural Resources and Community Development, Geological Survey Section, scale 1:500,000, in color. NCGS, 2013. Mineral Resources. http://deq.nc.gov/about/divisions/energy‐mineral‐land‐ resources/north‐carolina‐geological‐survey/mineral‐resources. North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database, Orange County, NC. United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Orange County, NC. https://www.fws.gov/raleigh/species/cntylist/orange.html. &/'hZ^ ^_ ¹ Orange County, NC Figure 1 Vicinity MapMangum Homestead Mitigation SiteMitigation PlanCape Fear River Basin (03030002) 0 10.5 Miles A rth u r M in n is R d 2017 Aerial Photography Project Location Conservation Easement Boundary ^_Mangum Homestead MItigation Site Location Directions: Traveling east on I-40E/I-85N from Greensboro, keep right at fork to continue on I-40E (follow signs for I-40/Raleigh) (2.4 miles).Take exit 261 (towards Hillsboro) (0.3 miles).Turn right onto Old NC 86 (2.7 miles).Turn right onto Arthur Minnis Rd. (2.3 miles).The site will be on the right. UT1 UT2AUT2E 1UT TO NEW HOPE CREEK E2 E3 A rth u r M in n is R d 600 600Figure 2 Site MapMangum Homestead Mitigation SiteMitigation PlanCape Fear River Basin (03030002) 0 300150 Feet Orange County, NC ¹ Project Location Conservation Easement Boundary Ephemeral Channel Intermittent Stream Perennial Stream Non-Project Streams Topographic Contours (4') Existing Tree Line Existing Utility Line Alignment !5 Existing Utility Poles ^_Deer Stand 2017 Aerial Photography A rth u r M in n is R d Figure 3 USGS Topographic MapMangum Homestead Mitigation SiteMitigation PlanCape Fear River Basin (03030002) 0 500250 Feet Orange County, NC ¹ Project Location Conservation Easement Boundary White Cross USGS 7.5 Minute Topographic Quadrangle E315 ac UT2A9 ac E128 ac UT To New Hope Creek491 ac UT2105 ac E233 ac UT115 ac 700 600600 7007 0 0 7 00700700 700700700 7 0 0 700 6 0 0 Figure 4 Watershed MapMangum Homestead Mitigation SiteMitigation PlanCape Fear River Basin (03030002) 0 1,200600 Feet Orange County, NC ¹ Project Location Watershed Ephemeral Channel Intermittent Stream Perennial Stream Non-Project Streams Topographic Contours (20')2017 Aerial Photography Figure 5 1977 NRCS Soil Survey MapMangum Homestead Mitigation SiteMitigation PlanCape Fear River Basin (03030002) 0 550275 Feet Orange County, NC ¹ 1977 NRCS Soil Survey of Orange County - Sheet 22 Conservation Easement Boundary [[[[[[[[[[[[[[[[[ [[[[ [ [ [ 30' 40' 100' New Utility Line Alignment ToBe Within Easement Crossing New UtilityPole LocationNew Utility Pole Location UT1 UT2AUT2E 1UT TO NEW HOPE CREEK 100'E2 200' 200' ¬«2 ¬«1 ¬«4 ¬«3 E3 50' 50' 100' Figure 6 Concept MapMangum Homestead Mitigation SiteMitigation PlanCape Fear River Basin (03030002) 0 300150 Feet Orange County, NC ¹ Project Location Conservation Easement Boundary Internal Crossing Nutrient Offset Riparian Buffer Restoration Riparian Buffer Enhancement Riparian Buffer Preservation No Credit Ephemeral Channel Intermittent Stream Perennial Stream Non-Project Streams Existing Tree Line [[Proposed New Fencing New Utility Line Alignment !.New Utility Poles 2017 Aerial Photography A rth u r M in n is R d ¬«# E3 UT2AUT2E 1UT TO NEW HOPE CREEK E2 UT1 Figure 7 Riparian Buffer Zones MapMangum Homestead Mitigation SiteMitigation PlanCape Fear River Basin (03030002) 0 300150 Feet Orange County, NC ¹ Project Location Conservation Easement Boundary 30 feet from TOB 50 feet from TOB 100 feet from TOB 200 feet from TOB Buffer Rule Subject Streams Buffer Rule Non-Subject Streams Non-Project Streams 2017 Aerial PhotographyArthur M in n is R d E3 UT2AUT2E 1UT TO NEW HOPE CREEK E2 UT1 Figure 8 Monitoring MapMangum Homestead Mitigation SiteMitigation PlanCape Fear River Basin (03030002) 0 300150 Feet Orange County, NC ¹ Project Location Conservation Easement Boundary Internal Crossing Nutrient Offset Riparian Buffer Restoration Riparian Buffer Enhancement Riparian Buffer Preservation No Credit Ephemeral Channel Intermittent Stream Perennial Stream Non-Project Streams Vegetation Plots 2017 Aerial Photography A rth u r M in n is R d WWE/y The EDR Aerial Photo Decade Package Mangum Homestead 1449 Foggy Bottom Lane Hillsborough, NC 27278 Inquiry Number: December 12, 2018 5508907.5 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com 2016 1"=500'Flight Year: 2016 USDA/NAIP 2012 1"=500'Flight Year: 2012 USDA/NAIP 2009 1"=500'Flight Year: 2009 USDA/NAIP 2006 1"=500'Flight Year: 2006 USDA/NAIP 1999 1"=750'Flight Date: February 15, 1999 USGS 1993 1"=500'Acquisition Date: March 01, 1993 USGS/DOQQ 1982 1"=500'Flight Date: April 23, 1982 NHAP 1980 1"=1000'Flight Date: January 19, 1980 USGS 1975 1"=500'Flight Date: November 16, 1975 USDA 1973 1"=500'Flight Date: February 24, 1973 USGS 1964 1"=500'Flight Date: March 12, 1964 USGS 1961 1"=500'Flight Date: August 17, 1961 USGS 1955 1"=500'Flight Date: March 29, 1955 USDA 1950 1"=500'Flight Date: November 18, 1950 USGS 1938 1"=500'Flight Date: June 15, 1938 USDA EDR Aerial Photo Decade Package 12/12/18 Mangum Homestead Site Name:Client Name: Wildlands Eng, Inc. 1449 Foggy Bottom Lane 1430 South Mint Street Hillsborough, NC 27278 Charlotte, NC 28203 EDR Inquiry #5508907.5 Contact:Andrea Eckardt Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR’s professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo per decade. Search Results: Year Scale Details Source When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. 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Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2018 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. 5508907 5-page 2 5508907.5 2016 = 500' 5508907.5 2012 = 500' 5508907.5 2009 = 500' 5508907.5 2006 = 500' 5508907.5 1999 = 750' 5508907.5 1993 = 500' 5508907.5 1982 = 500' 5508907.5 1980 = 1000' 5508907.5 1975 = 500' 5508907.5 1973 = 500' 5508907.5 1964 = 500' 5508907.5 1961 = 500' 5508907.5 1955 = 500' 5508907.5 1950 = 500' 5508907.5 1938 = 500' Mangum Homestead Mitigation Plan DMS ID No. 100107 Existing Conditions Photographs 9/24/2019 Photo 1 – UT New Hope Creek and UT1 left bank Photo 2 – UT1 left bank Photo 3 – UT2 downstream Photo 4 – UT2A upstream Photo 5 – UT2A downstream Photo 6 – E3 Right Bank Mangum Homestead Mitigation Plan DMS ID No. 100107 Existing Conditions Photographs 9/24/2019 Photo 7 – E1 and E2 upstream ROY COOPER Govemor MICIAAEL S. REGAN Secreral y UNDA CL,JLPEPPER Direcroi NORTH CAROLP14A E'nvlronmental Quality Andrea Eckardt DWR# 2019-0645 Wildlands Engineering, Inc Orange County 1430 S. Mint St, Suite 104 Charlotte, NC 28203 (via electronic mail: aeckard (y)"J dlaridse.ngql Re: Site Viability for Buffer Mitigation & Nutrient Offset — Mangum Homestead Site Located at 1449 Foggy Bottom Ln, Hillsborough, NC Upper New Hope of Jordan Lake Watershed Dear Ms. Eckardt, On May 14, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from Wildlands Engineering, Inc. (Wildlands) for an onsite mitigation determination near the above - referenced site (Site). The Site is located within the Upper New Hope sub -watershed of Jordan Lake in the Cape Fear River Basin. The Site is being proposed as part of a full -delivery riparian buffer mitigation and nutrient offset project for the Division of Mitigation Services (RFP #16-007702). On July 19, 2019, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams and channels onsite, which are shown on the attached map labeled "Site Map". Staff from the Division of Mitigation Services were also present onsite. 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 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. NOrfll Cah Dvparl inwinli of F nvit onmerimil Qwhty Dlvhioh 0 Kr tereRv s(np ct; s W hoarhSfltsbw y Strect I NO MM Se� vice Cenlo W69h, Noyth Carohn,� �7694 107 9R1019COO Mangum Homestead Site Wildlands Engineering, Inc. September 4, 2019 Feature Classification 'Subject Riparian Land uses Buffer ?Nutrient 5Mitigation Type Determination Qnsitc Offset w/in riparian areas to Buffer adjacent to Feature redit Rule (0-200') Viable Viable El Ephemeral No Non -forested hay field 'Yes Yes Restoration Site per 15A NCAC 02B .0295 (o)(7) E2 Ephemeral No Non -forested hay field 'Yes Yes Restoration Site per 15A NCAC 02B .0295 (o)(7) LJT2 Stream Yes Mostly non -forested hay -'Yes Yes (non- Non -forested areas - Restoration field with some forested forested Site per 15A NCAC 02B .0295 (n) areas downstream areas only) Forested Areas - Preservation Site per 15A NCAC 0213.0295 (o)(5) UT2A Stream No Mostly non -forested grassed Yes No Restoration Site per 15A NCAC 02B lawn with some trees along .0295 (o)(3) fence line Tree line - Enhancement Site per 15A NCAC 02B .0295 (o)(3) E3 Ephemeral No Combination of forested ','Yes Yes (non- Non -forested areas - Restoration areas mostly along the forested Site per 15A NCAC 0213.0295 (o)(7) channel and non -forested areas only) hay fields Forested Areas - Preservation Site per 15A NCAC 0213.0295 (o)(7) UTI Stream Yes Combination of forested 'Yes Yes (non- Non -forested areas - Restoration (at DWR areas mostly along the forested Site per 15A NCAC 0213.0295 (n) flag) channel and non -forested areas only) hay fields Forested Areas - Preservation Site per 15A NCAC 0213.0295 (o)(5) UT to New Stream Yes Combination of forested 'Yes Yes (non- Non -forested areas - Restoration Hope Creek areas mostly along the forested Site per 15A NCAC 0213.0295 (n) channel and non -forested areas only) hay fields Forested Areas - Preservation Site per 15A NCAC 02B .0295 (o)(5) 'Subjectivity calls for the features were determined by DWR in correspondence dated August 27, 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 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment. Nitrogen and Phosphorus are calculated differently in the Jordan Lake, Watershed. 'The 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. 'The 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 0213.0295 (o)(7). 5AII features proposed for buffer mitigation or nutrient offset, must have a conservation easement established that includes the tops of channel banks when being measured perpendicular and landward from the channel, even when no credit is viable within the 50' riparian area. The site map attached to this letter was prepared by Wildlands and edited by DWR to match this correspondence. 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 k6b" I L D L A N D S 0 150 300 Feet Site Map E N C", I N E' E, R I N G> I Mangum Homestead Mitigation Site Cape Fear River Basin (03030002) Orange County, NC Mangum Homestead Site Wildlands Engineering, Inc, September 4, 2019 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 September 4, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. Sincerely, Al/ Mac Haupt, Acting Supervisor 401 and Buffer Permitting Branch MHjlkm Attachments: Site Map cc: File Copy (Katie Merritt) Lindsay Crocker- DMS (via electronic mail) I ROY COOPER, ("ovegnor MICHAEL S, REGAN ec r N ury UNDA CIULPENTIZ, 1),beetp? Andrea Eckardt Wildlands Engineering Inc. 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 P,JOR I p f CAR(A INA Erwhonmental Quialiry August 27, 2019 Orange County Subject: On -Site Determination for Applicability to the Jordan Buffer Rules (15A NCAC 02B.0267) Project Name: Mangum Homestead Mitigation Site Parcel ID Numbers: 98,51671991, 9851778621, 9�851763367 Address/ Location: 1449 Foggy Bottom Lane, Hillsborough, Orange County, NC Stream(s) Evaluated: Unnamed Tributaries to New Hope Creek, Classified as, WS-W'; NSW Determination Date: 7/19/2019 Dear Andrea, Staff. DWR, Shelton Sullivan On July 19, 2019, Shelton Sullivan of the Division of Water Resources (DWR) Central Office conducted an on -site review of features located on the subject property at the request of Wildlands Engineering Inc, The purpose of the review was to determine the applicability to the Jordan Riparian Area Protection Rules (15A NCAC 0213,0267) and perform stream determinations within the, proposed project easement., The enclosed site map indicates the features evaluated and this information is also summarized in the table below. Streams that are "Subject" are shown on the most recently published MRCS Soil Survey of Orange County and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) maps, have been located on the ,ground at the site, and possess characteristics that qualify them to beat least intermittent strearns. Features that are "Not Subject" are not depicted on the required maps, not present on the property, or have been determined to not be at least intermittent. Please note that there may be other surface waters located on the property tha! may be subject to the Jordan Riparian Area Protection Rules, considered i urisdictional accordinLyto the USArmvCornftilf_F_V (OWIT4 Nw � l�i C.w ohn a Carp at y vivrO c4 Fnvh onnnewa I Q,Ja I' i l t [",*Vmori o I Wraver" kesuk v, a S, ,E2 Nw 11 h Sahsbd ot y Sr rrq R Aqh, Nor A I' i C a r cAh a 2 h-,99 u b1i i 1fl9J( Yi, 9000 DWR #20190645 V2 Mangum Homestead Mitigation Site Orange County See the following table for the features rated during the D'WR site visit: ...... . ............ 'E/l/P/ Feature ID . . . . ........ ...... Subject to Buffer Start ................................... . ....... . Stop @ Depkted on Depicted on Other Rules .......................... ............... ...... Soil Survey USGS Topo Northwest . ................. Downstream E3 "E" No project of the pipe at Yes Na flag and UT1 easement Start Downstream of .. Confluence of ........... .............. - - ---- UTI IT, Yes the pipe at flag UT1 and UT to Yes No and UT1 Start New Hope . . .. ........... .. .... Creek UT to New IIPII Yes Project Continues Yes Yes Hope Creek easement throughout Southern project ........ .......... Continues El No easement below downstream Yes Yes pond, to confluence with E2 Continues E 2 "E" No Southern project downstream Yes No easement, to confluence with El Confluence of El Continues and E2, just downstream UT2 Yes upstream of I to confluence Yes Yes ,culvert ofUTtoNew . .................... I -lope Creek Continues **IJT2A No Project downstream No No easement. to confluence with UT2 Shown on aerials UT3 Not oneast side of Present No project N/A Yes No —easement . . .......... *Ephemeral, L Intermittent, R Perennial "Please note that UT2A has an installed corrugated pipe that is impeding the stream flow to the downstream portion UT2A. 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 the date of this letter to the Director in writing. If'sending via US. Postal Service: DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St. Raleigh, NC 27604 DaWR #201.90645 V2 Mangum Homestead Mitigation Site Orange COMIty This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) calendarda.-s. This letter only addresses the features on the subject property and within the proposed project easement and does not approve, any activity within buffers or within waters of the state. If you have any additional questions or require additional information, please call Shelton Sullivan at (91.9) 707-3636. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, Mac Haupt, Acting Supervisor 401 & Buffer Permitting Branch Enclosures. Photographs, Site Map, Soil Survey, USGS Topographical Map cc: Andrea Eckardt, Wildlands Engineering Inc. via email Robert and Janie Mangum, 1449 Foggy Bottom Lane, Hillsborough, NC'27278 401 & Buffer Permitting Branch files Filename, 201906,45V2-Manguii-StreaniCalls-7-19-2019,docx Photographs 7-19-2019 Pic 1. E3 Ephemeral Pic. 2 UTI. Intermittent Start Pic 3, Confluence of UT1 and UT to New Hope Creek Ial�e Map L L AD 0 150 300 Feet Mangum Homestead Mitigation M E:NG1hVEE:RIhidC Cape Fear River Basin (03030002) Orange County, NC 19�77 NRCS'Soil Survey Map r: T G, o r� , 27S 5 1 Feet Mangum Homestead Mitigation Site i .a �.:.a 1 r i r, I Cape Fear River Basin (03030002) Oroncge County, NC WILDLANDS 0 15�O 300 Feet USGS Topographic Map N Ca I rA E E R I N G 4 Mangum Homestead Mitigation Site E kt� Cape Fear River Basin (03030002), Orange County, NC NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 1 of 12 STATE OF NORTH CAROLINA DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT ORANGE COUNTY SPO File Numbers: XX-XX DMS Project Number: 100048 Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this day of _______, 2019, by Janie B. and Robert W. Mangum, (“Grantor”), whose mailing address is 1449 Foggy Bottom Lane, Hillsborough, NC 27278 to the State of North Carolina, (“Grantee”), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State of North Carolina has established the Division of Mitigation Services (formerly known as the Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of Environmental Quality (formerly Department of Environment and Natural Resources), for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 2 of 12 WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Wildlands Engineering, Inc. and the North Carolina Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environment and Natural Resources Purchase and Services Contract Number 7859. WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In-Lieu Fee operations of the North Carolina Department of Natural Resources’ Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU referenced above; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, the Division of Mitigation Services in the Department of Environmental Quality (formerly Department of Environment and Natural Resources), which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 3 of 12 WHEREAS, Grantor owns in fee simple certain real properties situated, lying, and being in _______________ Township, Orange County, North Carolina (the "Property"), and being more particularly described as that certain parcels of land containing approximately 108.79 acres and being conveyed to the Grantor by deed as recorded in Deed Book 242, Pages 1870, Deed Book 3746, Page 106, and Deed Book 362, Page 92 of the Orange County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of unnamed tributaries to New Hope Creek. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement and Right of Access together with an access easement to and from the Conservation Easement Area described below. The Conservation Easement Area consists of the following: Easement Areas _____ containing a total of _____ acres as shown on the plats of survey entitled “Conservation Easement Survey for the State of North Carolina N CDEQ: Division of Mitigation Services, Mangum Homestead Mitigation Site, SPO File No. ______, DMS Site ID No. 100107, Property of Janie B. and Robert W. Mangum, dated _______ Elisabeth G. Turner (License # L-4440) and recorded in the Orange County, North Carolina Register of Deeds at Plat Book ______, Page________. See attached “Exhibit A”, Legal Description of area of the Property hereinafter referred to as the “Conservation Easement Area” The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 4 of 12 use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor’s heirs, successors and assigns, personal representatives, agents, lessees, and licensees. II. ACCESS EASEMENT Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property at all reasonable times and at such location as practically necessary to access the Conservation Easement Area for the purposes set forth herein (“Access Easement”). This grant of easement shall not vest any rights in the public and shall not be construed as a public dedication of the Access Easement. Grantor covenants, represents and warrants that it is the sole owner of and is seized of the Property in fee simple and has the right to grant and convey this Access Easement. III. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of non-native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 5 of 12 E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement except within a Crossing Area as shown on the recorded survey plat. All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. I. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the Grantor in fee simple (“fee”) that is subject to this Conservation Easement is allowed. Any future transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the Grantee’s right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 6 of 12 O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. P. Crossing Areas. “Grantor reserves the right to the Internal Crossing Areas as shown on the “Conservation Easement Survey for the State of North Carolina NCDEQ: Division of Mitigation Services, Mangum Homestead Mitigation Site, SPO File No. ______, DMS Site ID No. 100107, Property of Janie B. and Robert W. Mangum, dated _______ Elisabeth G. Turner (License # L-4440) and recorded in the Orange County, North Carolina Register of Deeds at Plat Book ______, Page________ for the following purposes:  Motorized vehicle crossing;  Utility crossings to include overhead and buried electrical, water lines and sewer lines;  Cattle crossing so long as fencing across a culvert in the Crossing Area prevents cattle access to the stream, or a ford crossing is kept gated and cattle are only present in the stream only under supervision while rotating cattle between pastures; and/or  Installation, maintenance, or replacement of a culvert or ford crossing. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. IV. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees, agents, successors and assigns, shall have a perpetual Right of Access over and upon the Conservation Easement Area to undertake or engage in any activities necessary to construct, maintain, manage, enhance, repair, restore, protect, monitor and inspect the stream, wetland and any other riparian resources in the Conservation Easement Area for the purposes set forth herein or any long-term management plan for the Conservation Easement Area developed pursuant to this Conservation Easement. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservations easements damages the investment and can result in reductions in natural resource value and mitigation credits which would cause NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 7 of 12 financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if such repairs are needed as a result of activities of the Grantor, his successors or assigns. V. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor’s Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area caused by third parties, resulting from causes beyond the Grantor’s control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 8 of 12 D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor’s acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. VI. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 9 of 12 Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and General Counsel US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VII. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND Grantor covenants that Grantor is seized of the Property in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 10 of 12 IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. (SEAL) Janie B. Mangum (SEAL) Robert W. Mangum NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 11 of 12 NORTH CAROLINA COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 20 . Notary Public My commission expires: NORTH CAROLINA COUNTY OF I, , a Notary Public in and for the County and State aforesaid, do hereby certify that , Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of , 20 . Notary Public My commission expires: NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017 Page 12 of 12 EXHIBIT A A Conservation Easement for The State of North Carolina, NCDEQ: Division of Mitigation Services, “Mangum Homestead Mitigation Site” Property of: Janie B. Mangum and Robert W. Mangum SPO FILE NO. XX-XX DMS SITE ID NO. 100107 Categork.,al Exclusion F:brrr� for E:cosystern Progrann [")rojedts 2 Nc:Aw Only A!q,.)eri�dlx A Mwtfld,goo 1i,,)e Su. brinRted (alkngg arq docurrtentcrflor) as th.e envrirarvnerrW, docuiner,A, ect Name: Mangum Homestead Mitigation Site iii'v Name orange" -"-county'. ......... Number: 100107 ect Sponsor: Wildiands Engineering, Inc. . . . . . .. ..... .... — ....... . ... . ect Contact Name: _ect . . . ....... .. Kirsten Gimbert ect Contact Address: 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 6cfCofifid- --mill ""k, —g1m`b,-e-r-t-@,—m-d I'd' "I a- n--ds"en-g-x-o' m . . . ....... . ...... ..... . .... . .......... ..... Proiect Manaaer: -,", . .... . ..... . . . . .................. . Jeremiah Dow The Mangum Homestead Mitigation Site is being developed to provide nutrient offset and buffer mitigation. The project includes buffer restoration, enhancement, and preservation on four unnamed tributaries and one ephemeral channel that flow to New Hope Creek upstream of Jordan Lake. The project will reduce sediment and nutrient loading, provide and improve terrestrial and in stream habitats, and improve stream and bank stability. The area surrounding the streams and channels proposed for buffer restoration is currently agricultural fields, tvoicallv used to crow hay. Reviewed By: 8/27/2019 Date Conditional Approved By: Date ❑ Check this box if there are outstanding issues Final Approval By: Date DMS Project Manager 6 0 A FHWA FORM-LBD-CCA ®kcehCoeG htiw tropeR ™paM suidaR RDE ehT 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com Mangum Homestead 1449 Foggy Bottom Lane Hillsborough, NC 27278 Inquiry Number: 5508907.2s December 11, 2018 SECTION PAGE Executive Summary ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map A-5 Physical Setting Source Map A-18 Physical Setting Source Map Findings A-20 Physical Setting Source Records Searched PSGR-1 TC5508907.2s Page 1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. 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EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TABLE OF CONTENTS EXECUTIVE SUMMARY TC5508907.2s EXECUTIVE SUMMARY 1 A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 1449 FOGGY BOTTOM LANE HILLSBOROUGH, NC 27278 COORDINATES 35.9970100 - 35˚ 59’ 49.23’’Latitude (North): 79.1457700 - 79˚ 8’ 44.77’’Longitude (West): Zone 17Universal Tranverse Mercator: 667136.7UTM X (Meters): 3985006.2UTM Y (Meters): 606 ft. above sea levelElevation: USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY 5945603 WHITE CROSS, NCTarget Property Map: 2013Version Date: 5947915 EFLAND, NCNorthwest Map: 2013Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 20140619Portions of Photo from: USDASource: 5508907.2s Page 2 NO MAPPED SITES FOUND MAPPED SITES SUMMARY Target Property Address: 1449 FOGGY BOTTOM LANE HILLSBOROUGH, NC 27278 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID DATABASE ACRONYMS ELEVATION DIRECTIONSITE NAME ADDRESS EXECUTIVE SUMMARY TC5508907.2s EXECUTIVE SUMMARY 3 TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL Proposed National Priority List Sites NPL LIENS Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY Federal Facility Site Information listing SEMS Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG RCRA - Small Quantity Generators RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System US ENG CONTROLS Engineering Controls Sites List EXECUTIVE SUMMARY TC5508907.2s EXECUTIVE SUMMARY 4 US INST CONTROL Sites with Institutional Controls Federal ERNS list ERNS Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities OLI Old Landfill Inventory State and tribal leaking storage tank lists LUST Regional UST Database LAST Leaking Aboveground Storage Tanks INDIAN LUST Leaking Underground Storage Tanks on Indian Land LUST TRUST State Trust Fund Database State and tribal registered storage tank lists FEMA UST Underground Storage Tank Listing UST Petroleum Underground Storage Tank Database AST AST Database INDIAN UST Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites VCP Responsible Party Voluntary Action Sites INDIAN VCP Voluntary Cleanup Priority Listing State and tribal Brownfields sites BROWNFIELDS Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites HIST LF Solid Waste Facility Listing EXECUTIVE SUMMARY TC5508907.2s EXECUTIVE SUMMARY 5 SWRCY Recycling Center Listing INDIAN ODI Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations ODI Open Dump Inventory IHS OPEN DUMPS Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL National Clandestine Laboratory Register Local Land Records LIENS 2 CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System SPILLS Spills Incident Listing IMD Incident Management Database SPILLS 90 SPILLS 90 data from FirstSearch SPILLS 80 SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD Department of Defense Sites SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST EPA WATCH LIST 2020 COR ACTION 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS Toxic Chemical Release Inventory System SSTS Section 7 Tracking Systems ROD Records Of Decision RMP Risk Management Plans RAATS RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS PCB Activity Database System ICIS Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS Material Licensing Tracking System COAL ASH DOE Steam-Electric Plant Operation Data COAL ASH EPA Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV Indian Reservations FUSRAP Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS Lead Smelter Sites EXECUTIVE SUMMARY TC5508907.2s EXECUTIVE SUMMARY 6 US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES Mines Master Index File ABANDONED MINES Abandoned Mines FINDS Facility Index System/Facility Registry System DOCKET HWC Hazardous Waste Compliance Docket Listing ECHO Enforcement & Compliance History Information UXO Unexploded Ordnance Sites FUELS PROGRAM EPA Fuels Program Registered Listing AIRS Air Quality Permit Listing ASBESTOS ASBESTOS COAL ASH Coal Ash Disposal Sites DRYCLEANERS Drycleaning Sites Financial Assurance Financial Assurance Information Listing NPDES NPDES Facility Location Listing UIC Underground Injection Wells Listing AOP Animal Operation Permits Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. EXECUTIVE SUMMARY TC5508907.2s EXECUTIVE SUMMARY 7 There were no unmapped sites in this report. 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