20181097 Ver 2_BPDP_dwr comments_20200225

ID# * 20181097 Version* 2
Select Reviewer:*
Ka"ie rvkFritf
Initial Review Completed Date 12/23/2019
Mitigation Project Submittal-12/2012019
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r: No
Type of Mitigation Project:*
r Stream I! Wetlands Iql Buffer r Nutrient Offset
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Project Contact Information
Contact Name:* Email Address:*
Katie Webber [e-mail]
Project Information
ID#:* 20181097 Version:*2
Existing ICE Existing Version
Project Type: r" ❑MS r Mitigation Bank
Project Name: Dogtown Stream Mitigation Bank
County: Catawba
Document Information
Mitigation Document Type:*
Miligation Plans
File Upload: ❑ugtown BPDP Final Draft.pdf 26.47MB
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Print Name:* Kathleen Webber
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DRAFT BANK PARCEL DEVELOPMENT PLAN
Dogtown Mitigation Site
Catawba County, North Carolina
USAGE Action ID SAW-2017-00605
Catawba River Basin
HUC 03050101
Prepared By;
pres
Bank Sponsor: Environmental Bane and Exchange, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-829-9909
December 2019

Table of Contents
1 INTRODUCTION..............................................................................................................................I
1.1 Parcel Location............................................................................................................................
1
1.2 Parcel Overview...........................................................................................................................1
2 PROJECT AREA — EXISTING CONDITIONS............................................................................2
2.1 Physiography................................................................................................................................2
2.2 Soils..............................................................................................................................................2
2.3 Existing Riparian Conditions.......................................................................................................
3
2.4 Wetlands.......................................................................................................................................5
2.5 Threatened and Endangered Species...........................................................................................
5
2.6 Environmental and Cultural Constraints.....................................................................................
6
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping ................
7
3 RIPARIAN RESTORATION AND PRESERVATION PLAN....................................................7
3.1 Parcel Preparation........................................................................................................................
7
3.2 Riparian Restoration Activities....................................................................................................
8
3.3 Riparian Preservation Activities..................................................................................................
8
3.4 Planting Plan................................................................................................................................
8
3.5 Easement Boundaries and Fencing..............................................................................................
9
4 MONITORING AND MAINTENANCE PLAN.............................................................................9
4.1 Monitoring Protocol and Success Criteria...................................................................................
9
4.2 Adaptive Management Plan and Parcel Maintenance...............................................................
10
4.3 Long Term Management Plan...................................................................................................
10
5 FINANCIAL ASSURANCE...........................................................................................................
10
6 MITIGATION POTENTIAL........................................................................................................
11
POND BOTTOM FOOTPRINT...........................................................................................................
11
7 REFERENCES................................................................................................................................
12
APPENDICES
Appendix A — Supporting Figures
Figure 1. Service Area
Figure 2. Project Vicinity
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Quadrangle
Figure 8. Current Mapped Soils and Catawba County Soil Survey Imagery
Figure 9. National Wetlands Inventory
Figure 10. National Flood Hazard Layer
Figure 1 I a. Monitoring Plan — South
Figure 1 lb. Monitoring Plan — North
Sheets P1 and P2 — Dogtown Planting Plan
Appendix B — Correspondence
Appendix C — Site EDR Data
Appendix D — Conservation Easement and Plat
Appendix E — Existing Conditions Photos (October 7, 2019)
Appendix F — Preliminary Jurisdictional Determination
Dogtown Bank Parcel Development Plan ii December 2019

1 INTRODUCTION
Environmental Banc and Exchange, LLC (EBX, LLC), an entity of RES, is pleased to provide this Bank Parcel
Development Plan (BPDP) for the Dogtown Riparian Buffer Mitigation Bank (Parcel). This Parcel is designed
to provide Riparian Buffer credits for unavoidable impacts due to development within the Catawba River Basin,
United States Geological Survey (USGS) 8-digit HUC 03050101 (Figure 1). This BPDP is in accordance with
the Consolidated Buffer Mitigation Rule 15A NCAC 0213.0295 and the RES Dogtown Mitigation Banking
Instrument for Riparian Buffer Mitigation (MBI), made and entered into by EBX, LLC acting as the Bank
Sponsor (Sponsor), and the North Carolina Department of Environmental Quality -Division of Water Resources
(DWR). Supporting figures can be found in Appendix A.
The BPDP has also been designed in concurrence with the Dogtown Mitigation Site (SAW #2017-00608). The
final mitigation plan for the Dogtown Mitigation Site was submitted to the Interagency Review Team (IRT) in
November 2019 and is under review. The Dogtown Mitigation Site is proposed to provide 11,234 linear feet of
stream restoration, enhancement and preservation within the conservation easement through a separate
mitigation banking instrument with the IRT.
1.1 Parcel Location
The Parcel is located in Catawba County, approximately four miles north of Conover. The Project lies within
the Catawba River Basin, North Carolina Department of Water Resources (NCDWR) sub -basin 03-08-32 and
United States Geological Survey (USGS) 14-digit hydrologic unit code (HUC) 03050101140010 (Lyle Creek
watershed, a Target Local Watershed) (Figure 2). The Project is being designed to help meet compensatory
mitigation requirements for stream impacts in the HUC 03 050 10 1.
The Project is accessible from C and B Farm Road and Swinging Bridge Road. Coordinates for the Project areas
are as follow: northern portion (35.763832,-81.185640); southern portion (35.755092,-81.191085).
1.2 Parcel Overview
The Project is being proposed to restore, enhance, and preserve stream and wetland complexes — with their
adjacent riparian buffers — and their functions and values to compensate, in appropriate circumstances, for
unavoidable riparian buffer impacts. When combining the Dogtown Mitigation Site with the Dogtown Buffer
Mitigation, the conservation easement will total approximately 59.13 acres and is comprised of two easement
locations along Bakers Creek and seven of its unnamed tributaries. Bakers Creek drains to Lyle Creek, a direct
tributary to the Catawba River. All streams on -site are non -subject to the buffer rules. The Project easements are
connected by an independent established conservation easement for a water quality improvement site that
protects 1,215 linear feet (LF) of Bakers Creek. While each site has been developed independently of the other,
the combined easements will result in greater continuity of protected corridors along the main stem of Bakers
Creek. The Parcel is located in an area dominated by agriculture and forest with some low -density residential
areas (Figure 3). Current land use within the project includes active cattle pasture land, hay fields, farm ponds,
and disturbed riparian forest communities. Cattle have full access to portions or the entire reaches of DTI -A,
DTI-B, DT2, DT3-A, Bakers Creek, S1, and S2. Current land use has resulted in degraded water quality and
unstable channel characteristics throughout the project area.
Bakers Creek is the main hydrologic feature in the Project. There are also seven unnamed tributaries and six
wetland areas included in the Project (Figure 3). The eight tributaries on the project site are referred to as S1,
Dogtown Bank Parcel Development Plan 1 December 2019

S2, S3, DTI, DT2, DT3, DT4, and Bakers Creek. Stream identifications and buffer viability determinations
were verified by the DWR site visits on June 1, 2016, and April 12, 2017. Correspondence regarding these
determinations is in Appendix B.
Under the Dogtown Buffer Bank, proposed activities involve restoring and preserving riparian buffer areas
adjacent to mitigated streams onsite (Figure 4). Riparian Buffer credit generation zones will not be used for the
generation of any other credit type (i.e. the same square foot of buffer cannot be used to generate both wetland
credit and DWR buffer credit). Under this BPDP, the Project will generate Riparian Buffer credit within two
dedicated zones from the edge of the bank: the 0 to 50-foot-wide zone of buffer perpendicular landward; and the
151-200-foot-wide zone of buffer perpendicular from the top of the bank. The zone 51-150 feet from the top of
bank will be claimed for additional stream credit in the Dogtown Mitigation Site (Figure 5) and is not double -
counted under this program. There will be no overlap in the Riparian Buffer bank credit areas and buffer areas
dedicated for additional stream credit generation (Figure 6).
The bank parcel will be placed under a 60.47-acre permanent conservation easement. Within the easement, 13.63
acres will be restored for riparian buffer credit, including 1.47 acres of existing pond bottom footprint.
Additionally, 15.78 acres will be preserved. According to 15A NCAC 02B.0295(o)(4) and (5), "the area of
preservation credit within a buffer mitigation site shall comprise of no more than 25% of the total area of buffer
mitigation". As the total area of buffer restoration accounts for 13.63 acres, the total credits that could be
generated from the preservation area will not exceed 4.54 acres.
2 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
The Project is located in the Northern Inner Piedmont Level IV ecoregion, which is characterized by lower
elevations, less relief, and less precipitation than the Southern Inner Piedmont (Griffith et al. 2002). Elevations
within the Piedmont physiographic region range from 300 to 1,500 feet above mean sea level; while elevations
through the project watershed range from 860 to 1,060 feet. Project reaches transition from moderately confined
valleys with slopes above 1.5% to broad, alluvial floodplains with slopes less than 0.5%.
The Project reaches are characterized by increased sediment loads, largely attributed to impaired buffers and
agricultural impacts. Channel substrates are dominated by coarse sand and gravel with localized boulder/bedrock
outcrops. As the project reaches transitions to broader alluvial floodplains near Bakers Creek, bed materials
become finer and the sediment loads increase as livestock access and agricultural practices become more
significant within riparian areas.
Baker's Creek is a Class C waterway. Class C waterways are protected for uses such as, "secondary recreation,
fishing, wildlife, fish consumption, aquatic life including propagation, survival and maintenance of biological
integrity, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body
contact with water where such activities take place in an infrequent, unorganized, or incidental manner"
(NCDWQ 2019).
2.2 Soils
The current Soil Survey for the site shows ten soil map units across the project. Project soil map units include
Clifford Sandy Loam, Fairview Clay Loam, Tomlin Loam, Tomlin Clay Loam, Dan River Loam, and Codorus
Dogtown Bank Parcel Development Plan 2 December 2019

Loam (Table I; Figure 8). The most -recently published Catawba County Soil Survey is also included in Figure
S for reference.
Table 1. Mapped Soil Units within Project Limits
ComponentsMAP Hvdric
Class
�.
Soil Group
Setting
CB
Clifford sandy loam, 2 to 6 percent slopes
withill Unit
0%
Well Drained
A
Piedmont uplands
CfD
Clifford sandy loam, 10 to 15 percent slopes
0%
Well Drained
A
Piedmont uplands
Cadorus loam, to percent slopes,
Somewhat
CsA
looded
tly flooded
frequently
5n��
Poorly
BI❑
Level lloodplains
Drained
Dan River loam, 0 to 2 percent slopes,
DaA
frequently flooded
o,
$'°
Well Drained
C
Piedmont valleys
FdE2
Fairview clay Ioa a, 10 to 25 percent slopes,
0%
Well Drained
B
Piedmont uplands
moderately eroded
Fes'
Fairview clay loam, 10 to 25 percent slopes,
o
{1�o
Well Drained
H
Piedmont uplands
severe] eroded
TmB
Tomlin loam, 2 to 6 percent slopes
0"No
Well drained
B
Piedmont uplands
TmC
Tomlin loam. 6 to 10 percent slopes
0%
Well Drained
B
Piedmont uplands
TmD
Tomlin loam, 10 to 15 percent slopes
f1''/u
Welt Drained
B
Piedmont uplands
ToC2
Tomlin clay loam, 6 to 10 percent slopes,
01%
Well Drained
B
Piedmont uplands
moderately eroded
2.3 Existing Riparian Conditions
Current land use around the project area is primarily active pasture, scattered hay crop fields, and disturbed
riparian forest, with three agricultural ponds located in the project area. Vegetation around the ponds and the
unbuffered stream reaches is primarily composed of herbaceous vegetation and scattered trees. The site viability
letter from DWR in Appendix B provides details on land -uses within the riparian areas on the site.
Forested riparian areas are primarily a narrow ten to twenty -foot fringe with common canopy species including
tulip poplar (Liriodendran tulipijera), red maple (Ater ruby -rim), white oak (Quercits alba), and black walnut
(Juglans nigra). Other canopy species present include black locust (Robinia pseudoacacia), American sycamore
(Platanus occidentalis), sour -wood (Oxydendron arbaremn), and boxelder (Acer negundo). Sub -canopy species
include alder (.Anus serrelata), greenbriar (Smilax sp.), muscadine ( lritars rotundifalia), and flowering dogwood
( Cornus_jlorida).
Some exotic species were noted, including Chinese privet (Ligustrum shiense), Nepalese browntop
(Microstegium vitnineuni), and Japanese honeysuckle (Lonicera japonica).
Reach SI-A is in the northern project area and flows south from Swinging Bridge Road (SR 1515) through an
active pasture towards Bakers Creek. The drainage area is approximately less than 427 acres and is dominated by
agricultural land use, including non -forested cattle pasture and some forested areas. Channel buffers have been
reduced to less than 10 feet in multiple locations along the reach and livestock have historically had direct access
to the channel. Figure 7 shows the stream drainage areas onsite.
Reach SI-B is located immediately downstream of S 1 A in the northern project area and flows south towards
Bakers Creek. The drainage area is approximately 427 acres and is dominated by agricultural land use, including
hay crop fields and some forested areas. Channel buffers have been reduced to less than 10 feet in multiple
locations along the reach.
Dogtown Bank Parcel Development Plan 3 December 2019

Reach S2 is located along the northeastern portion of the project and flows west into Reach S 1. The total drainage
area for the reach is approximately 71 acres. S2 is divided into two reaches. The upstream section, S2-A, is an E-
type channel with buffers greater than 50 feet and no livestock access. The reach is slightly incised, with stable
vegetated banks.
The downstream section, Reach S2-13, has limited to no buffers and livestock have direct access to the stream.
The channel has minimal bank vegetation and no bedrock grade control was observed along this reach. This
combined with livestock impacts has produced a highly unstable stream with limited bedform diversity or aquatic
habitat.
Reach S3 is located 0.3 miles south of S2 and flows west from the project limits into Bakers Creek. The total
drainage area for the reach is approximately 132 acres and is dominated by hay crop fields. S3 is divided into two
reaches. The upstream reach, S3-A, has a vegetated buffer ranging from 0 to 30 feet -wide. The majority of channel
banks are vegetated with localized areas of instability where vegetation is lacking.
The downstream section, Reach S3-B, has limited to no buffers. The channel has limited bank vegetation and
no bedrock grade control was observed along the reach.
Reach DT1 is comprised of a stream channel and three in -line farms ponds in active pasture that livestock
frequently use. The total drainage area for the reach is approximately 67 acres and is dominated by active pasture.
It flows east to its confluence with DT3.
Reach DT2-A and B are located in the southwestern part of the project. This reach is a headwater stream that
is recovering from past land use impacts. The lower reach of this stream is aggrading due to increased sediment
loads from upstream erosion as well as reduced transport capacity from downstream berming and ditching. The
upstream reaches of DT2 (A and B) continue to have actively eroding headcuts that produce significant sediment
loads. The drainage area for the reach is approximately 14 acres.
Reach DT3 is located in the northwestern portion of the southern project area and flows south past its confluence
with DTI and into Bakers Creek. The approximate drainage area of the reach upstream of the DTI confluence is
480 acres, and the drainage area downstream of the confluence is 549 acres. The reach is divided into two sections
based on channel morphology. The upstream section (Reach DT3-A) has buffer widths greater than 50 feet with
adequate vegetation on channel banks and through the riparian area. The downstream portion of the stream (Reach
DT3-B), is in active cattle pasture with little to no buffers.
Reach DT4 is located in the southeastern part of the project. This channel flows southwest to Bakers Creek
through active cattle pasture on the right bank and a wooded buffer on the left bank. The total drainage area is
100 acres and has a land use mix of forest, medium density residential, and pasture.
Bakers Creek is a severely incised, third order, sand and gravel bed stream located in the middle of the project
and is contiguous with the water quality project conservation easement to the north. There is a thin strip of trees
Dogtown Bank Parcel Development Plan 4 December 2019

on both sides of the banks, with grazed open pasture beyond that. Cattle have access to the entire bank, The
drainage area for the reach is approximately 4,095 acres.
2.4 Wetlands
The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWT) does not depict
any additional wetlands in the project area apart from the three farm ponds (Figure 9). A survey of existing
wetlands was performed in October 2016 and February 2017. Wetland boundaries were delineated using current
methodology outlined in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual (Environmental
Laboratory 1987). Soils were characterized and classified using the Field Indicators of Hydric Soils in the United
States, Version 7.0 (USDA -MRCS 2010). Within the boundaries of the proposed Project, six jurisdictional
wetlands are present (Table 2; Figure 3). Wetland A (WA), Wetland B (WB), and Wetland C (WC) are pond
fringes around the ponds that will be drained to restore Reach DTI. Wetland D (WD) is a floodplain wetland
surrounding Reach DT2. Wetland E (WE) is fed by a seep at the bottom of the dam. where Reach DT I -B will be
located, And Wetland F (WF) is a linear wetland located in an old channel that connects to Reach DT4.
Table 2. Existing Wetland Resources Summary at Dogtawn Mitigation Site
Site
Number
WA
Latitude
i,decimal
degrees)
35.753975
Longitude
(decimal
degrees)
-81.193854
EstanIOLInt
of aquatic
resource
review
0.11
Type
in
area
acres
ofaquatic resource
0.e_ welland vs. non-
welland waters)
Cowardin Class*
wetland-PEM
Class of'aquatic res0tirce
Geographic au�hority to
which the aquatic resource
..may be" subject
Nun -Section 10
WB
35.753581
-81.193063
0.13
acres
wetland-PEM
Nan -Section 10
WC
35.753449
-81.19t933
0.05
acres
wetland-PEM
Non -Section 10
WD
35,752913
-81.192854
0.24
acres
wetland-PFO
Non -Section 10
WE
35.753035
-81.189952
0.06
acres
wetland-PFO
Non -Section 10
WF
1 35.752209
-81.186382
0.39
acres
wetland-PSS
Non -Section 10
Total
0.98
acres
* Classification is based upon current conditions.
Common vegetation within the wetland areas consists of red maple, tag alder, common rush (Juncus eff`usus),
pickerelweed (Pontederia cordata), and Nepalese browntop (Micyoslegiurn uiminewn). Outside of the easement
and wetland areas, cattle are actively managed for, and fescue is the dominant forage.
A preliminary jurisdictional determination (PJD) request was sent to the USAGE on February 27, 2017 and a
final PJD was received on May 24, 2017 (SAW -2017-00636) (Appendix F).
2.5 Threatened and Endangered Species
Plants and animals with a federal classification of endangered or threatened are protected under provisions of
Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The USFWS database, accessed September
20, 2018, lists three Federally listed species that may occur in proximity to the Project: Schweinitz's sunflower
(Helianthus sehweinitzii), dwarf -flowered heartleaf (Hexrastylis nan;flora), and Northern long-eared bat (A lvotis
septentrionalis). The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle
Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat
.for protected species was observed during preliminary site evaluations. A summary of federally -protected
species in Catawba County is included in Table 3.
Dogtawn Bank Parcel Development Plan 5 December 2019

Table 3. Federally Protected Species in Catawba County
BGPA = Bald and Golden Eagle Protection Act, E = Endangered. T = Threatened
Schweinitz's sunflower occurs in full to partial sun, in areas with poor soils, and many of the remaining
populations occur along roadsides. Dwarf flowered heartleaf is a low -growing evergreen perennial plant that
grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek heads, and along
the slopes of nearby hillsides and ravines. Due to possible habitat for these species. RES ecologists conducted a
detailed survey within the Site boundaries for these two species on April 12, 2017. Suitable habitat for both
species were surveyed within the project area, but no individuals were observed. Another survey was conducted
during the Schweinitz's sunflower optimal survey window on October 7, 2019, and no specimens were found.
In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted to
determine whether previously cataloged occurrences of protected species were mapped within one mile of the
project site. Results from NHP indicate that there are no known occurrences of state threatened or endangered
species within a one -mile radius of the project area. Since no individuals were observed and no known
populations are present within one mile of the project, a biological conclusion of "No Effect" has been assigned
for these two species.
Formal USFWS consultation for the Northern long-eared bat (NLEB) is not required for this site since it is
entirely located outside of the confirmed hibernation and maternity site for the species. Therefore, this Project
has met the criteria for the 4(d) rule, and any associated take is therefore exempt. Furthermore, the USFWS
encourages tree removal outside the pup season (dune I to duly 3 1 ) and/or active season (April l to October 3 I )
to reduce the chance of impacting unidentified maternity roosts; and to avoid clearing habitat within a five -mile
radius of hibernation sites when bats are emerging from or preparing for hibernation (April I to May 15 and
August 15 to November 14, respectively). In order to support a review of this project, RES performed a
determination within the USFWS Information for Planning and Consultation (IPaQ system that allows RES to
rely on the Programmatic Biological Opinion for the NLEB. Based on that determination, activities are
authorized with respect to the NLEB. This letter is included in Appendix B.
The Fish and Wildlife Coordination Act requires consultation with state fish and wildlife agencies when "waters
of any stream or other body of water are proposed or authorized, permitted or licensed to be impounded,
diverted... or otherwise controlled or modified." The North Carolina Wildlife Resource Commission (NCWRC)
did not provide any comments regarding the USACE Public Notice, issued on March 24, 2017 (Appendix B).
2.6 Environmental and Cultural Constraints
A review of North Carolina State Historic Preservation Office (SHPO) GIS Web Service (accessed September
20, 2018) database did not reveal any listed or potentially eligible historic or archeological resources on the
proposed Project property. There are no documented structures on adjacent parcel of land. There are no
anticipated impacts from Project activities to state surveyed properties as there are none in the proposed project
vicinity, which SHPO confirmed on April 13, 30I7. Correspondence is provided in Appendix B.
❑ogtown Bank Parcel Development Plan 6 December 2019

2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping
Multiple Project reaches are located within the FEMA 100-year flood zone (Zone AE, one percent annual chance
of flooding) and the FEMA Floodway (Figure 10). No grading is proposed within the FEMA Floodway;
therefore, no FEMA permits will be required for the Project. A Floodplain Development Permit will be obtained
from the Catawba County Floodplain Administrator prior to project construction. No hydrologic trespass will
be permitted to adjacent properties upstream or downstream of the project. The Project can be found on Flood
Insurance Rate Map (FIRM) Panel 3753 (map number 3710375300J) and Panel 3754 (map number
3710375400J), effective date September 5, 2007.
3 RIPARIAN RESTORATION AND PRESERVATION PLAN
The goal of the Project is to restore ecological function to the existing streams and riparian buffer by establishing
appropriate stream buffer plant communities where absent and enhancing buffers where minimal vegetation
exists, as well as to protect these buffers and stream function into perpetuity. The buffered channels will provide
water quality and habitat functions within the Catawba River Basin, such as nutrient and sediment removal,
filtration of runoff from nearby agricultural fields, and improved aquatic and terrestrial habitat. The current land
uses adjacent to the streams proposed for buffer restoration and preservation are primarily composed of active
cattle grazing and agricultural hay production; the site also contains areas of forested cover.
Riparian restoration and preservation proposed under this BPDP are shown in Figure 4, and were approved by
the DWR in their letters dated June 16, 2016, April 18, 2017, and April 21, 2017 attached in Appendix B. All
riparian restoration and preservation buffer mitigation activities along channels will occur within two dedicated
zones from the edge of the bank: the zero to 50-foot-wide zone of buffer perpendicular from the top of bank; and
the 151 to 200-foot-wide zone of buffer perpendicular from the top of the bank. The zone 51 to 150 feet from the
top of bank will be claimed for additional stream credit in the Dogtown Mitigation Site. There will be no overlap
in the Riparian Buffer bank credit areas and buffer areas dedicated for additional stream credit generation
(Figure 6).
Before beginning construction, RES will ensure that permitting scenarios are completed. RES will obtain Clean
Water Act (CWA) Section 404 and 401 approval, a North Carolina Department of Environmental Quality
Erosion and Sediment Control permit, and a FEMA Floodplain Development permit before beginning
construction.
3.1 Parcel Preparation
Preparation within the Parcel will involve treatment for exotic invasive species, contoured ripping, and seeding
and planting. Stabilization and implementation of dispersal techniques will be utilized where surface flows have
become concentrated to minimize the chances of non -diffuse flow. A combination of silt fencing, erosion control
wattles, temporary seeding, and erosion control matting will be used to reduce erosion and stabilize soil in
riparian areas during any land disturbance activities. These erosion control measures shall be inspected and
properly maintained at the end of each working day to ensure measures are functioning properly until permanent
vegetation is established. Disturbed areas shall be temporarily seeded within ten working days and upon
completion of final grading, permanent vegetation shall be established for all disturbed areas. Any topsoil that
is removed during construction will be stockpiled and reserved for final site soil preparation. After construction
activities, the subsoil will be scarified, and any compaction will be deep tilled before the topsoil is placed back
Dogtown Bank Parcel Development Plan 7 December 2019

over the site. This process should provide favorable soil conditions for plant growth. Temporary and permanent
riparian seeding shall be done in accordance with the erosion control plan. Bare root plantings and live stakes
will be planted according to the planting plan.
All riparian restoration and preservation activities will commence in concurrence with the stream mitigation
activities and not before. Therefore, the mitigation area where riparian restoration is being performed may be
altered slightly depending on the approval of the Stream Mitigation Plan for the stream mitigation bank. The
riparian restoration areas will be surveyed, and information will be provided in the As -Built report.
3.2 Riparian Restoration Activities
Buffer restoration is proposed along Bakers Creek, DTI and three ponds within the existing DTI footprint, DT2,
DT3, DT4, S 1, S2, and S3 in accordance with the Consolidated Buffer Mitigation Rule 15A NCAC
02B.0295(o)(3) (Figure 4). Stream Restoration will address existing impairments including floodplain
dislocation, bank erosion, nutrient input, and buffer degradation. Proposed stream treatment activities may range
from minor bank grading and planting to re-establishing stable planform and hydraulic geometry. For reaches
requiring full restoration, natural design concepts have been applied and verified through rigorous engineering
analyses and modeling. Any abandoned channels will be filled; however, vernal pools will be left where possible
to provide habitat and groundwater recharge. The ponds will be drained, and the site will be allowed to rest for
an extended period (six months to a year) before being planted with bare root tree stems. Within the easement,
riparian restoration areas will be planted from top of bank back at least 50 feet, to a maximum of 200 feet from
the stream with bare root tree seedlings on an 8 by 8-foot spacing to achieve an initial density of 680 trees per
acre. As previously described, zones dedicated to additional stream credit generation will not generate any
Riparian Buffer credit.
3.3 Riparian Preservation Activities
Buffer preservation is proposed along Bakers Creek, DT 1 and along the current buffer of the existing three ponds
along DTI, DT2, DT3, DT4, S1, S2, and S3 in accordance with the Consolidated Buffer Mitigation Rule 15A
NCAC 02B.0295(o)(4) (Figure 4). Preservation activities will consist of permanently protecting the buffer from
cutting, clearing, filling, grading, and similar activities that would affect the functioning of the buffer.
3.4 Planting Plan
Revegetation of the site where riparian restoration is being performed will meet the performance standards
outlined in the Rule 15A NCAC 02B .0295. This includes treating invasive species growth and planting at least
four native hardwood bare root trees planted at a density to ensure a density of 260 stems per acres at the
completion of monitoring. No one tree species will be greater than 50% of the established stems. Vegetation
within riparian buffers can vary depending on disturbance regime and adjacent community types, so the protected
buffer easement will be planted with appropriate native species observed in the surrounding forest and species
known to occur in similar environments. Piedmont Alluvial Forest will be the target community type for the
project (Schafale, 2012). The initial planting of bare root trees will occur between November 2020 and March
2021, or during stream restoration work, whichever comes last. Tree species specified for planting on the
Dogtown Project are shown in Table 4.
Dogtown Bank Parcel Development Plan 8 December 2019

Table 4. Dogtown Site Tree Planting List
Common Name
American sycamore
Bare .,,Planting
Scientific Nanic
Platanus accidentalis
Tree Species
Spaicing
90
Unit Tvpc
Bare Root
onlpomlioil
15
Willow oak
Querrus phellos
9x6
Bare Root
15
River birch
Belula ni ra
9x6
Bare Root
15
Water oak
Quercus ni ra
9x6
Bare Root
15
Tulip poplar
briodendran full f era
9x6
Bare Root
10
Su arberry
Celtis laevi ala
9x6
Bare Root
10
Swamp chestnut oak
Querciis michauxii
9x6
Bare Root
10
Northern red oak
Quercus rubra
9x6
Bare Root
10
PAF, Piedmont Alluvial Forest
3.5 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent
properties, Boundaries may be identified by fence, marker, bollard, post, tree -blazing, or other means as allowed
by site conditions and/or conservation easement. Boundaries will be marked with signs identifying the property
as a mitigation site that will include the naive of the long-term steward and a contact number. Boundary markers
will be installed with the contact information of the long-term steward before the submittal of the As -Built report.
Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The
easement boundary will be checked annually as part of monitoring activities and the conditions as well as any
maintenance performed will be reported in the annual monitoring reports to DWR.
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording Vegetation
Level 2 Plat Sampling Only Version 4.2. Annual vegetation monitoring will occur each year for a minimum of
five (5) years and will be conducted during the fall season with the first year occurring at least 5 months from
initial planting. As part of the Stream Mitigation plan, 25 monitoring plots will be installed a minimum of 100
m-' in size in the planted area (32.40 ac) and will cover at least two percent of the planted mitigation area for the
Stream Mitigation Bank. At least 20 fixed plots will be located inside the Riparian Buffer crediting areas, and at
least one fixed plot will be placed within areas where RES is seeking additional stream credit for wider buffers,
(Figure 11). The following data will be recorded for all trees in the plots: species, height, planting date (or
volunteer), and grid location. All stems in plots will be flagged with flagging tape. Photographs will be taken at
established monitoring stations each monitoring year. Visual inspection reports and photographs will be
provided in the annual reports to ensure that buffer areas are being maintained and compliant. The measures of
vegetative success for the Parcel will be the survival of at least four native hardwood tree species, where no one
species is greater than 50% of the established stems, established at a density of at least 260 planted trees per acre
at the end of Year 5. Native volunteer species may be included to meet the performance standards as determined
by DWR. Invasive and noxious species will be monitored and treated so that none become dominant or alter the
desired community structure of the site.
A visual assessment of the conservation easement will also be performed each year to confirm:
0 No encroachment has occurred;
• No invasive species in areas were invasive species were treated,
❑ogtown Bank Parcel Development Plan 9 December 2019

Diffuse flow is being maintained in the conservation easement areas; and
• There has not been any cutting, clearing, filling, grading, or similar activities that would negatively
affect the functioning of the buffer.
RES will monitor the Stream Mitigation bank for a minimum of seven years, or until release by IRT approval.
Therefore, plots placed within riparian restoration areas that are outside of the mitigation area for buffer credits
will be monitored in accordance with the monitoring protocol in the Dogtown Stream Mitigation Plan.
4.2 Adaptive Management Plan and Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the site, or a
specific component of the site, fails to achieve the defined success criteria. Remedial actions will be designed to
achieve the success criteria specified in this BPDP, and will include identification of the causes of failure,
remedial design approach, work schedule, and monitoring criteria that will take into account physical and
climatic conditions.
Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable species.
If mowing is deemed necessary by RES during the monitoring period, RES must receive approval by the DWR
prior to any mowing activities to ensure that no buffer violations have been performed. If necessary, RES will
develop a species -specific control plan.
4.3 Long Term Management Plan
EBX, LLC acting as the Bank Sponsor, will record a Conservation Easement with the Catawba County Register
of Deeds' Office for this site. The Conservation Easement will be assigned to Unique Places to Save (UP2S).
All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the
Conservation Easement are upheld, are the responsibility of EBX, LLC until the Bank Parcel is transferred to
UP2S. Endowment funds required to uphold the Dogtown Bank Parcel conservation easement in perpetuity shall
be negotiated prior to site transfer to the UP2S.
The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an initial
monitoring phase, which will be developed during the design phase and conducted by the Bank Sponsor. The
Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of the Parcel during the
initial monitoring phase. These activities will be conducted in accordance with the terms and conditions of the
RES Dogtown Riparian Buffer MBI made and entered into by EBX, LLC and DWR.
The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one -
hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any remedial
work required. Financial assurances will be payable at the direction of the DWR to its designee or to a standby
trust. Financial assurances structured to provide funds to the DWR in the event of default by the Bank Sponsor
are not acceptable. The initial performance bond will be in the amount of at least $150,000.00 and shall be able
to cover 100% of the costs associated with construction of the riparian restoration areas. The monitoring bond
shall be in the amount of at least $100,000 and shall be able to cover 100% of the costs associated with the
monitoring and maintenance of the riparian restoration areas for five years.
Dogtown Bank Parcel Development Plan 10 December 2019

Performance bonds for monitoring shall be renewed to cover each year's monitoring period, with confirmation
of renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right to
alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when
applicable.
6 MITIGATION POTENTIAL
The Project presents 60.47 acres ofpennanent conservation easement in Catawba County, North Carolina. While
this easement also encompasses areas for the Dogtown Mitigation Site, the purpose of the Project is to generate
Catawba River Basin Riparian Buffer credits. A conservation easement and final recorded plat are provided in
Appendix D.
There are two dedicated Riparian Buffer credit generation zones within the overall buffer area: the first will
begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward to
a distance of 50 feet. The second zone begins at 151 feet and extends landward to 200 feet froth the top of bank.
The zone (51 to 150 feet from top of bank) between the first and second Riparian Buffer credit generating zones
is dedicated to stream credit generation. There will be no overlap in the Riparian Buffer bank credit areas and
buffer areas dedicated for additional stream Credit generation (Figure 6).
This Bank has the potential to generate approximately 13.32 acres (580,324 fir'-) of riparian buffer restoration
credits (1.47 acres of this will be generated from backfiIIing and planting the ponds), and 2.64 acres (104.860
fi') of buffer preservation credits. The riparian buffer mitigation credits generated will service impacts within
the Catawba River Basin. The Sponsor will maintain two credit ledgers. One ledger will account for Riparian
Buffer Restoration credits and one ledger will account for buffer Preservation credits. All mitigation credit assets
shall be shown on these credit ledgers. The total potential mitigation credits that the Dogtown Bank will generate
are summarized in Tables 5; Figure 4.
Table 5. Dogtown Bank Parcel Riparian Buffer Credit Summary
Riparian
Crodit Type
M itigation 'Type
Existiug
Used
1Z.", t i L P
Full
Mitigation
Pond
Restoration on
Bottom
Riparian Buffer
non -subject
1.47
1.47
1:1
100%
1.47 ac 63,848 8l
Footprint
streams"
0-5011
Riparian Buffer
Restoration"
11.93
11.93
1:1
100%
11,93 ac 519,582 ft�
Riparian Buffer
Preservation"
11.10
4.54
5:1
100%
0.91 ac 39,573 ft=
51-100'
Stream
--
--
--
--
--
-- --
Riparian Buffer
Restoration"
0.23
0.23
1.1
33%
0.48 ac 3,356 ft7
141-150'
Riparian Buffer
Preservation"
4.68
0.0
5:1
33%
0.0 ac 0 11'
Total Restoration
13.63
13.63
13.47 me 586,786 ft'
15.78
4.54
0.9I ac 39,573 ftz
Total Preservation
includes ratios & reductions
*No more than 25 percent of the total area of buffer mitigation will be used For preservation credit pumxuant to 15A NCAC 0295(o)(5) and 15A NCAC 0295fol(4) and
the rest of the area will be protected in the conservation easement and not applied for credit.
**All work will be performed on non -subject Catawba buffer streams.
Dogtown Bank Parcel Development Plan 11 December 2019

7 REFERENCES
Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-
87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS
Federal Emergency Management Agency (FEMA). 2007. FEMA Flood Insurance Rate Map: Panel
3710374400J. https://msc.fema.gov/portal/search. (June 2019).
FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710375400J. htlps:Hmsc.fema.gov/portal/search.
(June 2019).
FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710375300J. htips:Hmsc.fema.gov/portal/search.
(June 2019).
FEMA. 2007. FEMA Flood Insurance Rate Map: Panel 3710374300J. htips:Hmsc.fema.gov/portal/search.
(June 2019).
Lee, M.T. et al. 2008. CVS-EEP Protocol for Recording Vegetation, All Levels of Plot Sampling. Version 4.2.
http:Hcvs.bio.unc.edu/methods.htm. (April 2019).
North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program
(NCDNR EEP). 2007, Amended 2013. "Lower Catawba River Basin Restoration Priorities." Division
of Water Quality. https:Hfiles.nc.gov/ncdeq/Mitigation%20Services/Watershed
_Planning/Catawba _River Basin/RBRP_2007%20Lower%20CAT_032013%20Final.pdf. (April
2019).
NCDNR. 2016. "N.C. Wetland Assessment Method User Manual Version 5." N.C. Wetland Functional
Assessment Team. https:Hfiles.nc.gov/ncdeq/Water%20Quality/Environmental
%20Sciences/ECO/Wetlands/NC%20WAM%20User%20Manual%20v5.pdf. (June 2019)
North Carolina Department of Environmental Quality. 2019. Nutrient Sensitive Waters and Special
Watersheds. https://deq.nc.gov/about/divisions/energy-mineral-land-resources/nsw-special-watersheds.
(June 2019).
NCOAH. 2004. Rule 15A NCAC 02B.0243 - Catawba River Basin: Protection and Maintenance of Existing
Riparian Buffers. http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environ
mental%20qualit./hgpter%2002%20-%20environmental%20management/subchapter%20b/
15a%20ncac%2002b%20.0243.html. (June 2019).
NCOAH. 2015.15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance
of Riparian Buffers. http://reports.oah.state.nc.us/ncac.asp?folderName=\Title%2015A%20-
%20Environmental%20Qualit\hgpter%2002%20%20Environmental%20Mana eg ment. (June 2019).
North Carolina Department of Natural and Cultural Resources (NCDNCR). 2019. North Carolina State
Historic Preservation Office (SHPO) GIS Web Service. http://www.hpo. ncdcr.gov/. (2019).
NCDNCR. 2019. Natural Heritage Program (NHP) GIS database. https:Hncnhde.natureserve.org/. (2019).
Dogtown Bank Parcel Development Plan 12 December 2019

Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web
Soil Survey. https://websoilsurvey.sc.egov.usda.gov/. (June 2019).
Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth Approximation.
North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC.
U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W.
Lichvar, and C. V. Noble. ERDC/EL TR-10-20. Vicksburg, MS: U.S. Army Engineer Research and
Development Center.
U. S. Fish and Wildlife Service (USWFS). 2018. National Wetlands Inventory website. U.S. Department of the
Interior, Fish and Wildlife Service, Washington, D.C. http://www.fws. gov/wetlands/. (April 2019).
USFWS. 2018. National Wetlands Inventory website. U.S. Department of the Interior, Fish and Wildlife
Service, Washington, D.C. https://www.fws.gov/raleigh/species/cntylist/wake.html. (April 2019).
Dogtown Bank Parcel Development Plan 13 December 2019

Appendix A — Supporting Figures
Figure 1. Service Area
Figure 2. Project Vicinity
Figure 3. Existing Conditions
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Quadrangle
Figure 8. Current Mapped Soils and Catawba County Soil Survey Imagery
Figure 9. National Wetlands Inventory
Figure 10. National Flood Hazard Layer
Figure 11a. Monitoring Plan — South
Figure 11a. Monitoring Plan — North

w r rO Shatl
MMountaine City y
Springs
West. Jefferson
Elrzabethion ��
Johnson City r
a29
z2 r
32r
Cherokee Beech Boone
Qf National Forest Mountain
Sparta
Millers Creek
Erwin u r
M SBl Rack
a �
1�w
r�E
Burnsville Spruce Pin 64
Li x�<
it Pisgah erl d
National Forest �I
nto
Black
ville 0 Mount ;r
Mt Airy
Pilot MoD
Elkin Boonville
21 Gp1
Yadkmville
z1
Harmony
Mocksville
Q
Staie,vdle in
Cleveland
Sal
evil le
China GtCrve
son Kannapolis
rc�rirr Lake Lure '
Rutherfordton Concord
ndersonville Forest City
7a Flat Shelby 29
Rock
Boiling
22, s
Wings K, s i
MOu to l3e!; „ F... s...� . 27 Loe
Landrum _
Blacksburg Clover 40
r75 Bottling Gaffney Pi
Springs
Cowpen s
qzy York Fort Mill
Greer Spartanburg
97 321 Rock bill
onesv)lle
Trail
Legend L
3xr 521
i-
Catawba River Basin Union
Chester 21 Lancaster
Service Area - HUC 03050101
Catawba River Basin JI
- Catawba River Buffer Great Falls Heath Springs
Ketshaw
Proposed Easement whltrnlre 3ai
Date: 121412019
Figure 1 - Service Area
w _ e Drawn by: GDS
s ❑ogtown Mitigation Project Checked by: KAW
res
0 7.5 ' 5
Catawba County, North Carolina 1 inch = 15rniles

4r'
Dogtown
Mitigation Project
TPne
s=
Rock Barn Country
Club and Spa
,a T7,7
� 8
q 1° Claremont
70 a Cam,
�M1
mover
` 177e
,dal Conover City P. k. 4?
.. •f..�r�h i6
2476
74
371 ,f
T731
173A 2411
at'
1746 a
Legend G
Proposed Easement 17>a
Tape
14-Digit HUC - 03050101140010
�4s4
Dale: 11/712019
Figure 2 - Project Vicinity
Drawn by GDS
❑ogtown Mitigation Project Checked by: MDE res
Catawba County, North Carolina 1 inch = 1 miles
Miles

apwE;li
do
Cattle Grazing
Yarn ��. � v � •
♦ ++. ar -
{
1
it res
4
q a W F
,rw s •,, �"v - �4 co Y - r+#re I+./ 0 300 600
^ Hay production ��` Feet
' --
t Figure 3 - Existing Conditions
Oogtown
I`•_ .• Mitigation Project
�1 53 Catawba County,
r •
North Carolina
Drawn 6y: GDS
•' y " � � �' • checked by: M❑E 1 in = 600 feel
Legend
aProposed Easement
r
`'` �•I R Project Parcel
rrrsss , .
Dp� �,�
d �` `f Existing Wetland
..
r1 ° Open Water
•4
�
` Cattle Grazing Existing Stream
�" ► Cattle Grazing ,�'
Cattle Grazing � T Transmission Line
• � �1, 'ir � a tl' $ , r
or
r
E P DT1-B •'
Y
4 T
f loop.
1
R ,

%7W
North Dogtown
M
•
Sir*
4
VA
A
L
J.
Q
ap
Cut Line for
South Docitown
0
South Dogtown
k OW 4�-
40
•C u ; t Line for res
North Dogtown N
it
W E
S
0 250 500
Feet
Figure 4 - Conceptual Design
Plan for Riparian Buffer Bank
Dogtown
Mitigation Project
Catawba County, North Carolin
Dale! 121912019 Drawn by: GDS
Checked by: MDE tin = 500 fee[
Legend
Proposed Easement
4
OL 0 L Established
Conservation Easement
A f Stream Top of Bank
lop
Existing Pond
5,z,. Vegetation Plot Locations
Vegetation Plot Within
Buffer Mitigation Area
Vegetation Plot Outside
Riparian Buffer Mitigation of Buffer Mitigation Area
Riparian Zone Mitigation Type Existing Area Used Area Ratio % FuJi Credit Mitigation Assets Buffer Mitigation
Pond Bottom Footprint Restoration 63,M W 63rM It' I A 10095 63,848 ft'
(1.47 ac) (1,47 ac) (1.47 ac) Restoration, (0-50')
Restoration 519,582 ft2 519,582 fL2 1:1 100% 519,582 112 Preservation, (0-50')
(1193 ac) (11.93 ar) (11.93 ac)
0-M,
463,429 ft2 197,867 V 39,573 f12
Preservation (11.10 ac) (4.54 ac) 5:1 1 100% (0.91 ac) /Z Restoration, (151-200)
51-150, Stream 10, 170 Itz 10,170 ft2 - - Preservation, (151-200')
3.356 ft'
151-20U Restoration (0,23 ac) (0,23 ac) 1 :1 331yo (0.08 ac)
Preservation 244,026 ft' ft5:1 33% ft2
(4.68 ae) (0,00 ac) (0,00 ac)
Total Restoration 593.601 ff 593.601 ft586,795 ff
(13.63 ac) (13,63 ac) (13.47 ac)`
TotaT Preservation (allowable preservation is 4.54 687,456 ft2 105,911 ft2 39,573 fe
acres) (15.78 ac) (4.54 ac) (0.91 ac)*

.R ,�: ��`� � .. ,Jim � �:`. • • ? ', �'
r "r
I _ �
WMA ►T41
w
y
` 4 rfIP
N

❑WR Riparian Buffer
Crediting Areas
powl-IJI.
c
Non -Standard Buffer
Width Credit Areas
�.' is-- x.'�_. .: f•
'1
* For Reference Only
fires
0 300 60
Fear
Figure 6 - Buffer Zones
Dogtown
Mitigation Site
Catawba County,
North Carolina
Dace : 12/6/2019 1 Drawn hy: GDS
Checked by: MDE 1 1 in = 600 feet
Legend
Proposed Easement
Stream Credit for Additional
Buffer (51-150')
- Stream Top of Bank
® Ineligible Credit
Buffer Mitigation
Restoration, (0-50')
Preservation, (0-50')
Restoration, (151-200')
Preservation, (151-200')
try► �r.7 ��+ �� ��+r��

' I
�'--'`-
y
v p.
it
ror -
l w 3� 51 S1
427 ac
77
AI
A, yy
` 1M1 Bakers Creek
4095 ac
° r _ S2f
71 ac'-"'l
4� Oxf,irtj '
Park •S3
DT3 ! 132 ac
480 ac
l
❑T4
. ,' 160 ac Uit /
Legend C7T1 , A
Proposed Easement
Drainage Area 4 ti
r
N
Figure 7 - USES Quadrangle Dale- W712019
Millersville (1973)
d
Drawn by: GD5 res
O ODD
QQ0 Dogtown Mitigation Site Checked by: MDE
Feel Catawba County, North Carolina I Inch = 2,000 feet

Catawba County Soil Survey (1975)
✓�� m
6Y lI HsC2 E
H5C2
CmC2 Crn0 CaE3 �k
4
G
r.
CmHS
y
f 11 t H2
C'Y Hs
sC, HSB2 N
HwC2
402 r` CnE3
AA --
4!,
HsC2 f
y r 1 j HsC2
HwC2
Hs82,
�•,_� '� HwC2
Ns82
CnE3 � ,,IJ-C2 n
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r CmD2
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HsC2 H%-Ce G
Cy`'
40 '' H wu
Mr
Hs92
Hs F3 PeE HsC2
MRCS Web Soil Survey (2019)
fires
0 400 800
Feet
Figure 8 - Mapped Soils
Dogtown
Mitigation Project
Catawba County,
North Carolina
Date: 111712019 Drawn by MDE
Checked by: JRM 1 in = 800 feet
Legend
Proposed Easement
Hydric (100%)
Predominantiy
Hydric (66-99%)
Predominantly
Hydric (33-65%)
Predominantly
Nonhydric (1-32%)
Nonhydric (0%)
Map Unit Symbol Map Unit Name
Tm CfB Clifford sandy loam. 2 to 6 percent slopes
+... + CtD Cliffardsandyloam, 10to l5percentslopes
CsA Codorus loam, 0 to 2 percent slopes. frequently flood ed
_ - 4, CaA Dan River loam, 0 to 2 percent slopes, frequently flooded
FdE2 Fairview clay loam, 10 to 25 percent slopes, moderately _
eroded
- FaE3 FelMew Clay loam, 19 to 25 percent slope's, severely erod e(1
TmB Tomlin loam.2 to 6 peroent slopes
TroC Tomlin loam. S to 10 percent slopes
4 irrl H Tmo Tomlin loam, 10 to 15 percent slopes
IT�C2N,R To2 Tomllndayloam.slot0percent Slopes, moderatetyerOded

IL t
Nil
�r-3��v�0.8 "EEC •�:
Dale: 1111112019
Figure 10 - National Flood Hazard Layer
Drawn by: GDS
Dogtown Mitigation Project
Checked 4y: MpE
Catawba County, North Carolina
1 inch =800feet
fires

T.
0 T3
vim
i
h`
77
MY WAa_
eat
Legend
Proposed Easement
Planted Area (32.40 ac)
Vegetation Plot Locations
Vegetation Plot Within
Buffer Mitigation Area
0 Vegetation Plot Outside of
Buffer Mitigation Area
Approach
Restoration
Enhancement I
Enhancement II
Enhancement III
Preservation
No Credit
L a
1
Figure I la - Monitoring Plan Map - South
Dogtown Mitigation Site
Catawba County, North Carolina
Da6e: 121412019
Drawn by GDS
Checked by: MDE
1 inch=400feel
fires

�`-" � � �`_' ,,,- � • .tom
i
A E
'r
.. I •fit` . _ _ ,,,� .�
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}
Legend s
r7 Proposed Easement +
Planted Area (32.40 ac) z + R
� l
Vegetation Plat Locations
`.
®Vegetation Plot Within
Buffer Mitigation Area S3,' S3-
A
Vegetation Plot Outside of
Buffer Mitigation Area
Approach '
Restoration
Enhancement I
r
Enhancement II
Enhancement III
Preservation
— — - No Credit
1�
a Figure 17b - Monitoring Plan Map -North Dale: 121412019
Drawn by: GDS
Dogtown Mitigation Site
i Checked by: MDE
0 200 400
a Catawba Count North Carolina
}� �r 1 inch = 400 feet
Feet
fires

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Quereu5 -w ra
10%
L PERMANENT VEGETATION
ACTOR 5HALL IN5PECT
0 EN5URE MEA5LIRE5 ARE
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VEGETATION SHALL BE
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CON5ERVATION EA5EMENT BREAK5 AT A RATE OF 15 LB5IACRE.
pres
302 Jefferson Street, Suite 110
Raleigh,
NC 27605
Main:
919.829.9909
www.res.us
Engineering Services Provided By:
Angler Environmental, LLC
License: F-1428
SEAL
0
FULL SCALE: 1 ""= 100
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100
200
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1'"
= HALF SCALES
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PROJECT NUMBER:
0383
PROJECT MANAGER:
KAW
DESIGNED:
BRC
DRAWN:
TRS
CHECKED:
AFM
SHEET NUMBER:
p 1

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PLANTING LLGEND
LIMIT5 01� CON5ERVATION
EA5EMENT
EXISTING TKEELINE
PROPERTY LINE
RIPARIAN PLANTING
Tt115 5t1EET: 13.32 AC
TOTAL PROJECT AREA: 33.25 AC
PLANTING TAF5LE
Permanent Riparian Seed Mix
Common Name
5centific Name
Percent
Composition
Virgmta Wildrye
Elymu5 virginicu5
25%
Indian Grass
50rgha5trum nutan5
25%
Little Blue 5tem
5chi achyrrum 5coparrum
1 0%
Soft Rush
Juncos effu5u5
1 0%
Blackeyed Susan
Rudbecko hrrta
1 0%
Deertongue
fJrchanthefrum clarndestinurn
I a%
Common Milkweed
ASclepla5 5,yroca
5%
5howy Goldenrod
5ohdago e+ecta
5%
Live Staking and Live Cuttings Bundle Tree Species
Common Name
Scientific Name
Percent
Composition
black willow
.5alix mora
40%
Eastern cottonwood
populus deltordes
30%
Elderberry
5ambucu5 n+gra
30%
bare Root Planting Tree 5pecie5
Common Name
Scientific Name
Percent
Composition
American sycamore
P1atana5 occidentahs
1 5%
Willow oak
Quercu5 pheRp5
1 5%
River birch
Betula nrcJra
1 5`35
Water oak
Ouercu5 mgra
1 5%
Tuliptree
brtadendr©n t0prfera
I Oda
Sugarberry
Celt+5 laevrgata
I p%
Swamp chestnut oak
Quer-cu5 m,chauxti
Northern red oak
Ou_-=5, rubra
I C)S
PLANTI N G N OTE5
ALL PLANTING ARr A5
1 . ERO5ION CONTROL MEA5UKE5 5HALL BE PROPERLY MAINTAINED UNTIL PERMANENT VEGETATION
15 E5TABL15HE] AND FINAL APPROVAL HA5 BEEN I55UED. THE CONTRACTOR 5HALL IN5PECT
ER0510N CONTROL MEASURES AT THE END OF EACH WORKING DAY TO EN5URE MEA5URE5 ARE
FUNCTIONING PROPERLY.
2, DISTURBED AREAS NOT AT FINAL GLADE 5HALL 13E TEMPORARILY VEGETATED WITHIN 10
WORKING DAYS. UPON COMPLETION OF FINAL GRADING, PERMANENT VEGETATION SHALL BE
ESTABLISHED FOR ALL DISTURBED AREAS WITHIN 10 WORKING DAY5. 5EEDING SHALL BE IN
ACCORDANCE WITH EROSION CONTROL PLAN.
3. ALL DISTURBED AREA5 511ALL BE PREPARED PRIOR TO PLANTING BY D15C OR 5PRING-TOOTH
CH15EL PLOW TO MINIMUM DEPTH OF 12 INCHES. MULTIPLE PA55E5 5HALL BE MADE ACRO55
PLANTING AREA5 WITH THE IMPLEMENT AND THE FINAL PA55 5HALL FOLLOW TOPOGRAPHIC
CONTOURS.
4. BARE ROOT PLANTING5 5HALL BE PLANTED ACCORDING TO DETAIL SHOWN ON SHEET D2, LIVE
STAKES SHALL BE PLANTED ACCORDING TO DETAIL SHOWN ON SHEET D2.
5, TREATMENT/REMOVAL OF INVASIVE 5PECIE5, PINE5 AND SWEET GUMS LE55 THAN G" DHH 5HALL
BE PERFORMED THROUGHOUT THE PLANTED AREA.
G. SPECIES 5HALL BE 015TRIBUTE1) 5UCH THAT 3 TO G PLANT5 OF THE SAME 5PECIE5 ARE
GROUPED TOGETHER.
7, BARE ROOT PLANTING DENSITY 15 APPROXIMATELY 800 5TEM5 PER ACRE,
8. LIVE STAKES ARE PROPO5ED ALONG THE OUT5IDE OF MEANDER BENDS AND ALONG BOTH
13ANK5 OF STRAIGHT REiACHE5 ADJACENT TO POOLS.
9, TEMPORARY 5EED MIX 5HALL BE APPLIED AT A RATE OF 150 LB5IACKE TO ALL DISTURBED AREAS
WITH 5LOPE5 EQUAL TO OR STEEPER THAN 3: 1.
1 O. PERMANENT RIPARIAN 5EED MIX SHALL BE APPLIED TO ALL DI5TUR5ED AREAS WITHIN THE
CONSERVATION EA5EMENT AT A PATE OF 15 1_155JACKE.
PERMANENT HERb 5EED MIX SMALL 13E APPLIED TO ALL DI5TURBED AREAS WITHIN THE
CON5ERVATION EA5EMENT BREAK5 AT A RATE Of 15 LB5IACKE,
KEAGh 53
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pres
302 Jefferson Street, Suite 110
Raleigh, NC 27605
Main: 919.829.9909
WWw.res.us
Engineering Services Provided By:
Angler
Environmental, LLC
License: F-1428
SEAL
C)
FULL SCALE: 1"=100
0
100
200
2" = FULL SCALE
'HALF SCALE
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PROJECT NUMBER:
0383
PROJECT MANAGER:
KAW
DESIGNED:
BRC
DRAWN:
TRS
CHECKED:
AFM
SHEET NUMBER:
P2

Appendix B — Correspondence

- United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
4ac61'°�r 150 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.v-ov/nc-es/es/countyfr.htm]
In Reply Refer To:
Consultation Code: 04EN1000-2020-TA-0018
Event Cade: 04EN1000-2020-E-00055
Project Name: Dogtown
--
October 09, 2019
Subject: Verification letter for the'Dogtown' project under the January 5, 2016, Programmatic
Biological opinion on Final 4(d) Rule for the Northern Lang -eared Bat and Activities
Excepted from Take Prohibitions.
Dear Megan Engel:
The U.S. Fish and Wildlife Service (Service) received on October 09, 2019 your effects
determination for the 'Dogtown' (the Action) using the northern long-eared bat (Myotis
septentrionalis) key within the Information for Planning and Consultation (IPaC) system. This
IPaC key assists users in determining whether a Federal action is consistent with the activities
analyzed in the Service's January 5, 2016, Programmatic Biological Opinion (PBO). The PBO
addresses activities excepted from "take"M prohibitions applicable to the northern long-eared bat
under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et
seq.).
Based upon your IPaC submission, the Action is consistent with activities analyzed in the PBO.
The Action may affect the northern long-eared bat; however, any take that may occur as a result
of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50
CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your
IPaC-assisted determination was incorrect, this letter verifies that the PBo satisfies and
concludes your responsibilities for this Action under ESA Section 7(a)(2) with respect to the
northern long-eared bat.
Please report to our office any changes to the information about the Action that you submitted in
IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick
northern long-eared bats that are found during Action implementation. If the Action is not
completed within one year of the date of this letter, you must update and resubmit the
information required in the IPaC key.

10/09/2019 Event Code: 04 EN 1000-2020-E-00055
This IPaC-assisted determination allows you to rely on the PBD for compliance with ESA
Section 7(a)(2) only for the northern long-eared bat. It does not apply to the following ESA -
protected species that also may occur in the Action area:
■ Dwarf -flowered Heartleaf, Hexastylis nani flora (Threatened)
• Schweinitz's Sunflower, Helianthus schweinitzii (Endangered)
If the Action may affect other federally listed species besides the northern long-eared bat, a
proposed species, and/or designated critical habitat, additional consultation between you and this
Service office is required. If the Action may disturb bald or golden eagles, additional
coordination with the Service under the Bald and Golden Eagle Protection Act is recommended.
[1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct [ESA Section 3(19)].

10/09/2019 Event Code: 04 EN 1000-2020-E-00055
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Dogtown
2. Description
The following description was provided for the project 'Dogtown':
The Dogtown Mitigation Site ("the Project") is located in Catawba County
approximately four miles north of Conover, NC. Water quality stressors currently
affecting the Project include livestock production, agricultural production,
impoundments, and lack of riparian buffer. The Project presents 11,370 linear feet
(Ll~) of stream restoration, enhancement, and preservation.
The Project is located in the Catawba River Basin within Cataloging Unit
03050101, Target Local Watershed (TLW) 03050101140010, and NCDWR sub -
basin 03-08-32. The current State classification for Bakers Creek is Class C
(NCDWQ 2011).
Consisting of agricultural fields, cattle pastures and disturbed wooded areas, the
Project's total easement area is approximately 59.13 acres within the overall
drainage area of 4,095 acres. The Project has two separate portions along Bakers
Creek and in between those portions is a conservation easement for a water
quality improvement site. While each site has been developed independently of
the other, the combined easements will result in greater continuity of protected
corridors along the main stem of Bakers Creek. Grazing livestock have
historically had access to all stream reaches within the Project. The lack of
riparian buffer vegetation, deep-rooted vegetation, and unstable channel
characteristics have contributed to the degradation of stream banks throughout the
Project area.
Goals for the Project include an increase to hydrologic function and restoration to
ecological function within the existing stream and riparian corridor, and protect
these features in perpetuity. These will be accomplished by returning the existing
streams into stable conditions by constructing an E/C type stream with appropriate
dimensions and pattern, reconnecting the channel to the floodplain, and
backfilling the abandoned channel. In -stream structures will be utilized for
vertical stability and to improve habitat. Buffer improvements will filter runoff
from agricultural fields, thereby reducing nutrient and sediment loads to the
channel. Livestock will be removed from the property and any future land use will
exclude livestock from the easement area. The widening and restoration of the
riparian areas will also provide wildlife corridors throughout the Project area.

10/09/2019
Event Code: 04ENIU00-2020-E-00055
Benefits to be accrued from these activities include improved water quality, and
terrestrial and aquatic habitat.
Approximate location of the project can be viewed in Google Maps: https://www.g_oogle.com/
maps/place/35.760448677590574N81.1.8340016020821 W
Determination Key Result
This Federal Action may affect the northern long-eared bat in a manner consistent with the
description of activities addressed by the Service's PBO dated January 5, 2016. Any taking that
may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR
§17.40(o). Therefore, the PBO satisfies your responsibilities for this Action under ESA Section
7(a)(2) relative to the northern long-eared bat.
Determination Ivey Description: Northern Long-eared Bat 4(d) Rule
This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision.
This key is intended for actions that may affect the threatened northern long-eared bat.
The purpose of the key for Federal actions is to assist determinations as to whether proposed
actions are consistent with those analyzed in the Service's PBO dated January 5, 2016.
Federal actions that may cause prohibited take of northern long-eared bats, affect ESA -listed
species other than the northern long-eared bat, or affect any designated critical habitat, require
ESA Section 7(a)(2) consultation in addition to the use of this key. Federal actions that may
affect species proposed for listing or critical habitat proposed for designation may require a
conference under ESA Section 7(a)(4).

IC10912019 Event Cock-: 0 4EW1000-2020-E-00055
Determination Key Result
This project may affect the threatened Northern long-eared bat; therefore, consultation with the
Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat.884, as
amended; 16 U.S.C. 1531 et seq.) is required. However, based on the information you provided,
this project may rely on the Service's January 5, 2016, Programmatic Biological Opinion on
Final 4(d) Rule for the Northern Long -Eared Bat and Activities Excepted from Take Prohibitions
to fulfill its Section 7(a)(2) consultation obligation.
Qualification Interview
1. Is the action authorized, funded, or being carried out by a Federal agency?
Yes
2. Have you determined that the proposed action will have "no effect" on the northern long-
eared bat? (If you are unsure select "No")
No
3. Will your activity purposefully Take northern long-eared bats?
No
4. Is the project action area located wholly Outside the White -nose Syndrome Zone?
Automatically answered
NO
5. Have you contacted the appropriate agency to determine if your project is near a known
hibernaculum or maternity roost tree?
Location information for northern long-eared bat hibernacula is generally kept in state
Natural Heritage Inventory databases — the availability of this data varies state -by -state.
Many states provide online access to their data, either directly by providing maps or by
providing the opportunity to make a data request. In some cases, to protect those resources,
access to the information may be limited. A web page with links to state Natural Heritage
Inventory databases is available at www.fws,gov/midwest/endangered/mammals/nleb/
nhWtPs.html.
Yes
6. Will the action affect a cave or mine where northern long-eared bats are known to
hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or
other alteration) of a hibernaculum?
No

10/09/2019 Event Code: 04EN1000-2020-E-00055 6
7. Will the action involve Tree Removal?
Yes
8. Will the action only remove hazardous trees for the protection of human life or property?
No
3. Will the action remove trees within 0.25 miles of a known northern long-eared bat
hibernaculum at any time of year?
No
10. Will the action remove a known occupied northern long-eared bat maternity roost tree or
any trees within 150 feet of a known occupied maternity roost tree from June 1 through
July 31?
No

10/09/2019 Event Code: 04 EN 1000-2020-E-00055 7
Project Questionnaire
If the project includes forest conversion, report the appropriate acreages below.
Otherwise, type `0' in questions 1-3.
1. Estimated total acres of forest conversion:
3.0
2. If known, estimated acres of forest conversion from April 1 to October 31
0
3. If known, estimated acres of forest conversion from June 1 to July 31
3
If the project includes timber harvest, report the appropriate acreages below.
Otherwise, type `0' in questions 4-6.
4. Estimated total acres of timber harvest
[1i
S. If known, estimated acres of timber harvest from April 1 to October 31
0
6. If known, estimated acres of timber harvest from June 1 to July 31
0
If the project includes prescribed fire, report the appropriate acreages below.
Otherwise, type Win questions 7-9.
7. Estimated total acres of prescribed fire
0
B. If known, estimated acres of prescribed fire from April I to October 31
0
9. If known, estimated acres of prescribed fire from June 1 to July 31
0
If the project includes new wind turbines, report the megawatts of wind capacity
below. Otherwise, type `0' in question 10.

10/09/2019 Event Code: 04 EN 1000-2020-E-00055
10. What is the estimated wind capacity (in megawatts) of the new turhine(s)?

Unitgd.States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 30, 2019
Samantha Dailey
U.S. Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Cairo Mitigation Site / SAW-2019-01084/ Wake County
Dear Mrs. Dailey:
The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above
referenced Public Notice. The project, as advertised in the Public Notice, is expected to have
rninimaI adverse,impacts to fish and wildlife resources. Therefore, we have no objection to the
activity as described in the permit application.
In accordance with the Endangered Species Act of ,197,,3, as:amended, (ESA) and based on the
information provided, and other available information, it appears the action is not likely to adversely
affect federally listed species or their critical habitat -as defined by the ESA. We believe that the
requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember
that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this
action that may affect listed species or critical habitat in a manner not previously considered; (2) this
action is modified in a manner that was not considered in this review; or, (3) a new species is listed
or critical habitat determined that may be affected by the identified action.
For your convenience a list of all federally protected endangered and threatened species in North
Carolina is now available on our wehsite at <http:f, ww.,, .fws.euv/raleigf, ..Our web page contains a
complete and updated -list of federally protected species, and a list of federal species of concern
known to occur in each county in North Carolina.
The Service appreciates the opportunity to review and provide comments on the proposed action.
Should you have any questions regarding the project, please contact Emily. Wells at [phone],
extension 25.
-S' erelY„
e e njamin,
Fieich3upervisor
cc: NMFS, Beaufort, NC
EPA, AAtlanta,.GA
-WRC, Raleigh

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Sartos, Adminkmtftr
Guvemor Rut• C mper
secrcury 5uei IL i Amilton
September 19, 2019
0ffirc ufArchives And History
L)Tuty Secrewn• 14cvin C:hcm
Samantha Dailey samantha.j.dailev rgusace.arm�mil
US Army Corps of Fngineets, Wilmington .District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest; NC 27587
Re: Cairn Mitigation Site, Johnson Pend Read, Fuquay Varina, SANK/-2019-01084, Wake County,
ER 19-2620
Dear Ms, Dailey:
We have received a public notice concerning the alcove -referenced project. We have reviewed the materials provided
and offer the following comments.
One preN iously recorded pre -colonial American Indian archaeological site (31 WA1842) is located within the subject
property. This site has not been assessed to determine its eligibility for listing in the National Register of Historic
Places. Site 31 WA1842 is located in the uplands west of stream reach UT1.
Ground disturbance within the subject easement areas should have no effect on site 31 WA1842. However, if access
road improvements are planned, we request engineering specifications be submitted to this office for review.
Should human remains be discovered in the vicinity of 31WA 1842 or anywhere else in the project area, the
provisions of North Carolina General Statute Chapter 70, Article 3 apply. All ground disturbing activities should
immediately cease, and the county medical cxaminer should be contacted.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section t06 of the National Historic Preservation Act and the Advisor,
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact
Renee Gledhill-Farlev, environmental review coordinator, at 919-$14 G579 or cn6rnnrncntal.reviewa]ncdcr, ov. In
all future communication concerning this project, please cite the above referenced tracking; nw-nber.
Sincerely,
Ramona Bartos, Deputy
Deputy State Historic Preservation Officer
Uwafon: 109 Eastfunes Street, Raleigh NC. 276111 Mailing Address: 4617 Al:til Service Center, Ralrigh NC 27699.461'� 7elephonc/P= {)l�1) 8D7-G57f7/807-G599

Water Resources
ENVIRONMENTAL QUALITY
April 18, 2017
Brad Breslow
Resource Environmental Solutions, LLC
302 Jefferson St., Suite 110
Raleigh, NC 27605
(via electronic mail)
ROY COOPER
6o re ru o!
MICHAFL. S. REGAN
S. JAY LINIME:RMAN
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Dogtown Site (Bakers Creek)
4328 C and B Farm Rd, Conover, NC
Catawba County
Dear Mr. Breslow,
On March 9, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Resource Environmental Solutions, LLC (RES) for a site visit near the above -referenced site in
the Catawba River Basin to determine the potential for riparian buffer mitigation and nutrient offset.
On April 12, 2017, Ms. Merritt performed a site assessment of the subject site, which is more
accurately shown in the attached aerial initialed by Ms. Merritt on April 18, 2017. This letter
coincides with other correspondence dated June 16, 2016 from DWR to RES related to mitigation
viability on this property.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. The evaluation was made from Top of Bank JOB)
out to 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.
Feature
Classifi io
'Subject
to Buffer
Riparian Land Uses of
Feature
Buffer
Credit
rNutrient
offset Viable
Mitigation Tyne Determination w/in riparian
areas
Rule
10-200'1
Viable
at 2,27�
1s acre
Bakers
Stream
No
Combination of closed
Yes
Yes (non-
Non -forested areas = Restoration Site per 15A
Creek
canopy of native
forested
NCAC 02B .0295 (o)(3)
hardwoods and non-
pasture only)
forested pasture; all
Forested areas = Enhancement site per 15A
riparian areas are grazed
NCAC 02B .0295 (o)(6)
by cattle.
`cattle must be completely fenced out of the
stream, which may require fencing on both sides
'Subjectivity calls for the features were determined by DWR in correspondence dated June 6, 2016 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.
z NC Division of Wader Resources - Methodology and Calculations far determining Nutrient Reductions associated with
Riparian Buffer Establishment
Maps showing the project site and features were provided by RES and were initialed by Ms. Merritt
on April 18, 2017. This letter should be provided in all stream, wetland buffer and/or nutrient offset
mitigation plans for this Site.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 907 6300

Dogtown Mitigation Site - Bakers Creek
RES
April 18, 2017
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 shalt be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters.
Pursuant to 1.5A NCAC 0213.0240, a proposal regarding a proposed nutrient load -reducing measure
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 trust 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 according to 15A NCAC 02B .0240.
PIease contact Katie Merritt at (919)-807-5371 if you have any questions regarding this
correspondence.
Sincerely,
VIJ�
n�'N\f "� ' L -
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAHA-m
Attachments: Site Aerial
cc: File Copy (Katie Merritt)

Wa ter Resources
ENV}RONMENTAL QUALITY
April 21, 2017
Brad Breslow
Resource Environmental Solutions, LLC
302 Jefferson St., Suite 110
Raleigh, NC 27605
(via electronic mail)
ROY COOPER
r
MiCIJAEL S. REGAN
S. JAY ZIMMERMAN
Ohe+ f...
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Dogtown Site (Add -On)
4987 Swinging Bridge Rd, Conover, NC
Catawba County
Dear Mr. Breslow,
On March 9, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Resource Environmental Solutions, LLC (RES) for a site visit near the above -referenced site in
the Catawba River Basin to determine the potential for riparian buffer mitigation and nutrient offset. On
April 12, 2017, Ms. Merritt performed a site assessment of the subject site, which is more accurately
shown in the attached aerial initialed by Ms. Merritt on April 21, 2017. This letter coincides with other
correspondence dated June 16, 2016 and June 20, 2017 from DWR to RES related to mitigation
viability on or near this property.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out
to 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.
Feature
Classification
'Su. biect
Riparian Land 91 of
Buffer
'Nutrient
Miti ati n lype Determination w in riparian
areas
to uffer
Feature
Credit
Offset Viable
Rule
0-200'
Viable
at 2,273
Ibs acre
Bakers
Stream
No
Combination of closed
Yes
Yes (only w/in
Non -forested areas = Restoration Site per 15A
Creek
canopy of native
non -forested
NCAC 02B .0295 (o)(3)
hardwoods and non-
areas)
forested cattle pasture; all
Forested areas w/ cattle = Enhancement Site
riparian areas are grazed
per 15A NCAC 02B .0295 (o)(6)
by cattle.
*cattle must be completely fenced out of the
stream, which may require fencing on both sides
51
Stream
No
Combination of Hay crop
Yes
Yes (only w/in
Non -forested areas = Restoration Site per 15A
fields, non -forested cattle
non -forested
NCAC 02B ,0295 (o)(3)
pasture and mature
areas)
canopy of hardwoods w/o
Forested areas w/ cattle = Enhancement Site
cattle
per 15A NCAC 02B .0295 (o)(6)
"cattle must be completely fenced out of the
stream, which may require fencing on both sides
Forested areas w/o cattle= Preservation Site
15A NCAC 02B .0295 0 4)
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
9198076300

Dogtown Mitigation Site (Add On)
RES
April 21, 2017
S2
Stream
No
Combination of Forested
Yes
Yes (non-
Non -forested areas = Restoration Site per 15A
and non -forested cattle
forested
NCAC 02B .0295 (o)(3)
pasture
areas only)
Forested areas wl cattle = Enhancement Site
Upper reach is a closed
per 15A NCAC 028.0295 (0)(5)
canopy of native
'cattle must be completely fenced out of the
hardwoods without tattle
stream, which may require fencing on both sides
Forested areas w/o cattle= Preservation Site
15A NCAC 028.0295 (o)(4)
53
Stream
No
Mostly hay crop fields
Yes
Yes (non-
Non -forested areas = Restoration Site per 15A
with a full canopy of
forested
NCAC 02B.0295 (o}(3)
native hardwoods along
areas only)
the stream banks
Forested areas along stream banks =
Preservation Site 15A NCAC 02B .0295 (o)(4)
'Subjectivity calls for the features were determined by DWR 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 - Methodologv and Calcularions.for determining Nutrient Reductions associated with
Riparian BufferEslablishment
Maps showing the project site and features were provided by RES and were initialed by Ms. Merritt
on April 21, 2017. This letter should be provided in all stream, wetland buffer and/or nutrient offset
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval }prior to conducting any mitigation activities in riparian areas and/or surface waters.
Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure
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 D" to
detennine viability for nutrient offset according to 15A NCAC 02B .0240,
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
Sincerely,
��\\ *e >x -
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAHA-m
Attachments: Site Aerial
cc: File Copy (Katie Merritt)

Ilk
A F.
41l
70
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77
Legend
Streams
mpilliETIll 11 ! 11;111111�r��Ijlqgl�l
!2V!

Wafer Resources
ENVIRONMENTAL QUALITY
June 16, 2016
Daniel Ingram
Resource Environmental Solutions, LLC
302 Jefferson St.. Suite 110
Raleigh, NC 27605
(via electronic mail)
PAT MCCRORY
t;orertiur
❑ONALD R. VAN DER VAART
serrerary
S. JAY ZIMMERMAN
bite or
Re: (Corrected) Site Viability for Buffer Mitigation & Nutrient Offset — Dogtown Mitigation Site
4328 C and B Farm Rd, Conover, NC
Catawba County
Dear Mr. Ingram,
On May 2, 2016, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Resource Environmental Solutions, LLC (RES), for a site visit near the above -referenced site in
the Catawba River Basin to determine the potential for riparian buffer mitigation. On June 1, 2016,
Ms. Merritt performed a site assessment of the subject site, which is more accurately shown in the
attached aerial initialed by Ms. Merritt on June 14, 20I6. If approved, mitigating this site could
provide riparian buffer credits to mitigate impacts to the riparian buffer along the Catawba River
mainstem below Lake lames and along the mainstem lakes in the Catawba River Basin. This site is
also being proposed as a potential Stream Mitigation Bank. This letter, which includes corrected nde
citations_for UT3 (upper) and UT3 (lower), replaces the letter.from DWR dated June 14, 2016.
Ms. Merritt's evaluation of the features from Top of Bank {TDB} out to 200' for buffer mitigation
pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) is provided in the table below:
Feature
Classification
;5ubiect
Adjacent Land uses
Buffer
Nutrient
Mitigation Type
to Buffer
Credit
offset Viable
Rule
at 2,273
Viable
Ibs acre
UT1 (upper)
Stream
No
Closed canopy of
Yes
Na
Preservation per 15A NCAC 028
native hardwoods
.0295 (c)(4)
grazed by cattle
Or
Enhancement per 15A NCAC 02B
.0295 (o)j6) if...
*cattle must be completely fenced
out of the stream, which may require
fencing on both sides of the stream.
LfTI dower
Stream
No
Non -forested pasture
Yes
No
Forested Pasture = Preservation per
to
w/ cattle grazing w/
15A NCAC 02B .0295 {a)l4j
confluence
n a rrow fo reste d fringe
Non -forested pasture = Restoration
w/ Bakers)
UT2/pond
Stream/Pond
No
Pasture for cattle
Yes
No
Restoration
(pond to be
grazing
breached)
Stale of North Carolina I ErlviromnerltaI Quality I Water Resources
1617 Mail Korvice Center Raleigh, North Camlitta-7699-M17
919 807 6300

4328 C and B Farm Rd lDogtown
June 16, 2016
Feature
Classification
'subject
Adjacent Land uses
Buffer
Nutrient
Mitigation TVoe
to Buffer
Credit
Offset Viable
Rule
Viable
Pond #2
In -line Pond
No
Non -forested hay crop
Yes
No
Hay Field = Restoration
for cultivation;
Right Bank — mix of
Forested Areas = Preservation per
open field and mature
15A NCAC 02B .0295 (o)(4)
canopy of native trees
Pond #3
In -line Pond
No
Left Bank —Pasture for
Yes
No
Non forested Pasture = Restoration
cattle grazing
Right Bank— Mostly
Forested Areas = Preservation per
closed canopy of
15A NCAC 02B .0295 (o)(4)
native trees (no cattle)
UT3 (upper)
Stream
No
Closed canopy of
Yes
No
Forested Areas = Preservation per
native trees (no cattle)
15A NCAC 02B .0295 (o)(4)
wl adjacent non -
forested pasture w/
Non -Forested pasture = Restoration
cattle grazing
UT3 (Lower)
Stream
No
Left Bank — Pasture for
Yes
No
Non -forested Pasture = Restoration
cattle grazing
Right Bank— Closed
Forested Pasture = Enhancement per
Canopy of native trees
15A NCAC 026 .0295 (o)(6) if...
w/ cattle grazing
*cattle must be completely fenced
out of the stream, which may require
fencing on both sides of the stream
UT4 & UT5
Streams
No
Closed canopy of
Yes
No
Forested Areas = Preservation per
(at points)
native trees w/ small
15A NCAC 02B .0295 (o)14)
adjacent open areas
Non -forested areas = Restoration
UTG
Stream
No
Right Bank is mostly
Yes
No
Forested Areas = Preservation per
open fields
15A NCAC 029.0295 (o)(4)
Left Bank— Closed
Non -forested areas = Restoration
canopy of native trees
UT7
Stream
No
Open fields of row
Yes
No
Restoration throughout
crops & lawns
!Stream determination calls were determined by DWR. DWR correspondence is dated June 6, 2016,
Maps showing the project site and the features are provided and signed by Ms. Merritt on June 14,
201E This letter should be provided in all future mitigation plans for this Site. In addition, 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 mitigation credits.
I' I v I. ? 13

4328 C and B Farm Rd iDogtown
.Tune 16, 2016
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
KAH/bn
Attachments: Site Aerial
cc: File Copy (Katie Merritt)
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
I';� e 3 13

Appendix C — Site EDR Data

Appendix D — Conservation Easement and Plat

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

property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following
natural communities: add or delete as appropriate: wetlands, streams, and riparian
buffers. The purpose of this Conservation Easement is to maintain streams, wetlands
and riparian resources and other natural values of approximately acres, more or
less, and tieing more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and
prevent the use or development of the Conservation Easement Area for any purpose
or in any manner that would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is a condition of the approval of the Mitigation Banking Instrument
(MBI) and Mitigation Plan for the
Army (DA) Action I Number SAW -
tile
Mitigation Bank in the
Mitigation Bank, Department of the
entitled "Agreement to Establish
River Basin within the State of
North Carolina", to be made and entered into by and between acting as
the Bank Sponsor and the Wilmington District Corps of Engineers (Corps), in
consultation with the North Carolina Interagency Review Team (IRT). The
Mitigation Site has been approved by the Corps for use as a mitigation bank to
compensate for unavoidable stream and wetland impacts authorized by DA permits.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the Riparian Buffer
and Nutrient Offset Mitigation Banking Instrument (MBI) and Bank Parcel Development
Package (BPDP) for the Riparian Buffer and Nutrient Offset Mitigation
Bank, North Carolina Division of Water Resources (NCDWR) Project ID#
which was approved by the NCDWR, and will be made and entered into by and
between , acting as the Bank Sponsor, and the NCDWR. The
Riparian Buffer and Nutrient Offset Site is intended to be used to
compensate for riparian buffer and nutrient impacts to surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement
shall be held by the NCDWR and the Corps (to include any successor agencies) ("Third -
Parties"), and may be exercised through the appropriate enforcement agencies of the
United States and the State of North Carolina, and that these rights are in addition to,
and do not limit, the rights of enforcement under the NC DWR Project 0#
and the Department of the Army instrument number SAW-
�"Mitigation Banking Instrument"), or any permit or certification issued by the Third -
Parties.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the

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

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

employees and agents, successors, assigns, NCDWR, and the Corps for purposes of
constructing, maintaining and monitoring the restoration, enhancement and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area..
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area which is or may become inconsistent with the purposes of this grant,
the preservation of the Conservation Easement Area substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights
of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement
Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to
the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including acting as the Bank Sponsor, the right to
construct and perform activities related to the restoration, enhancement, and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area in accordance with the approved Mitigation Plan, the
Bank Parcel Development Package, and the two Mitigation Banking
Instruments described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Corps
and NCDWR, shall have the right to enter the Property and Conservation Easement Area
at all reasonable times for the purpose of inspecting the Conservation Easement Area to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Enter Sponsor Name, and its authorized representatives,
successors and assigns, the Corps and NCDWR shall also have the right to enter and go
upon the Conservation Easement Area for purposes of making scientific or educational
observations and studies, and taking samples. The easement rights granted herein do
not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, the Corps, and

NCDWR are allowed to prevent any activity on or use of the Conservation Easement
Area that is inconsistent with the purposes of this Easement and to require the
restoration of such areas or features of the Conservation Easement Area thatmay be
damaged by such activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor that comes to the attention of the Grantee, the Grantee shall
notify the Grantor in writing of such breach. The Grantor shall have 30 days after
receipt of such notice to correct the conditions constituting such breach. If the breach
remains uncured after 30 days, the Grantee may enforce this Conservation Easement
by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if
the breach of the terms of this Conservation Easement is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such circumstances
damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection
with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by
Grantor, provided Grantor is determined to be responsible for the breach. The Corps
and the NCDWR shall have the same rights and privileges as the said Grantee to
enforce the terms and conditions of this Conservation easement..
B. No failure on the part of the Grantee to enforce any covenant or provision
hereof shall discharge or invalidate such covenant or any other covenant, condition,
or provision hereof or affect the right to Grantee to enforce the same in the event of
a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area resulting from such
causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property
which have not been expressly subordinated to this Conservation Easement. Grantor
further warrants that Grantee shall have the use of and enjoy all the benefits derived
from and arising out of this Conservation Easement, and that Grantor will warrant and
defend title to the Property against the claims of all persons._

B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any
interest in all or a portion of the Conservation Easement Area. The Grantor agrees to
provide written notice of such transfer at least sixty (60) days prior to the date of the
transfer. The Grantor and Grantee agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interests in the Conservation
Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the Corps.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the
Grantee hereby covenants and agrees, that in the event it transfers or assigns this
Conservation Easement, the organization receiving the interest will be a qualified
holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501(c)(3)
and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or
assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severability. The combined Mitigation Banking
Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding
BPDP, and this Conservation Easement sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If
any provision is found to be void or unenforceable by a court of competent jurisdiction,
the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the
Property free of any liens or other encumbrances for obligations incurred by Grantor.
Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to
comply with federal, state or local laws, regulations and permits that may apply to the
exercise of the Reserved Rights.
F. Long -Term Management. Grantor is responsible for all long-term
management activities associated with fencing. These activities include the
maintenance and/or replacement of fence structures to ensure the aquatic resource
functions within the boundaries of the Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area for the conservation purposes, this
Conservation Easement may only be extinguished, in whole or in part, by judicial
proceeding.

H. Eminent Domain. Whenever all or part of the Conservation Easement Area
is taken in the exercise of eminent domain so as to substantially abrogate the
Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in
appropriate actions at the time of such taking to recover the full value of the taking,
and all incidental and direct damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area is sold, exchanged, or involuntarily converted following an
extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair
market value of this Conservation Easement as determined at the time of the
extinguishment or condemnation.
J. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter
specified by notice pursuant to this paragraph):
To Grantor:
[Name, address and fax number]
To Grantee•
[Name, address and fax number]
To Sponsor•
To the Corps:
US Army Corps of Engineers
Wilmington District Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
To NCDEQ -DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's
interest shall become vested in another qualified grantee in accordance with an
appropriate proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in
a writing signed by all parties hereto, and provided such amendment does not
affect the qualification of this Conservation Easement or the status of the Grantee
under any applicable laws, and is consistent with the conservation purposes of this

grant.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
of the Mitigation Plan,_prepared by Grantor and acknowledged by the Grantor
and Grantee to be complete and accurate as of the date hereof. Both Grantor and
Grantee have copies of this report. It will be used by the parties to assure that any
future changes in the use of the Conservation Easement Area will be consistent with
the terms of this Conservation Easement. However, this report is not intended to
preclude the use of other evidence to establish the present condition of the
Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]

Appendix E — Existing Conditions Photographs

fires
Photograph Station 41
Dogtown Buffer Mitigation Bank
Existing Conditions Photos
October 7, 2019
Sri. �i.>E-
4V
Lrr. r
VR
A n
-1 l_
Ni
y y
Photograph Station #3
Photograph Station #2
Photograph Station #4
Photograph Station #S
Photograph Station #6

„» ��e, ' • .� �� � � ram._ +i � y� -..
Cattle Grazingres
N
� irk
t s
Hay Production -» •~ Feet
Photograph Stations
Dogtown
. , S3-Fl Mitigation Pr©ject
Catawba County,
North Carolina
Date: 121412019 Drawn by: GDS
r. '�ti ' F G ,” 1• Checked by! MDE 1 in = 600 feel
y
- m
Legend
' - r Proposed Easement
,.
`•, `• �r Project Parcel
�• ` Dp� �,,.�" ;` Existing Wetland
Hay Field .- t
r Open Water
�' • �, ,ice' -.,l� P -
Cattle Grazing -�_ Existing Stream
►l w Cattle Grazing ,ter ,� ."
Cattle Grazing Transmission Line
' Photograph Station
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Appendix F — Preliminary Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2017-00636 County: Catawba U.S.G.S. Quad: NC -Millersville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Colonel Land, LLC
Judson Smith
Address: 412 N. 4th Street, Suite 300
Baton Rouge, LA 70802
Telephone Number: 919-209-1060
E-mail: ismithAres.us
Size (acres) 67.95 Nearest Town Conover
Nearest Waterway Bakers Creek River Basin Santee
USGS HUC 03050101 Coordinates Latitude: 35.753747
Longitude:-81.190942
Location description: The review area is located 0.284 Southeast of Skvhawk Lane and C and B Farm Road. PIN(s):
37530906030,375305291678.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation map dated 2/27/2017. Therefore this preliminary jurisdiction determination
may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contacting the Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, that may be subject to Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA
jurisdiction over all of the waters at the project area, which is not sufficiently accurate and reliable to support an enforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters on the above described project area/property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.

❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The
approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. If you wish to have the
delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an
accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in
the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below on SURVEY SIGNED DATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Catherine Janiczak at 704-510-1438 or
Catherine.M.Janiczakna usace.armv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 5/24/2017.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
JANICZAK.CATHERINE.MARIE.15355870 pNitaIIUS'—U.S.G— ment, D.D, PKI,—USA,
Corps Regulatory Official: 66 cn=1PNICZPK.CPTHBFINBMPFIB.153558]066
Date:2I ]DS]—EJU9MARIE
Date of JD: 5/24/2017 Expiration Date of JD: Not applicable

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://cop2smapu.usace.anny.mil/cm apex/f?p=136:4:0.
Copy furnished:
Agent: Resource Environmental Solutions
Jeremy Schmid
Address: 302 Jefferson Street, Suite 110
Raleigh, NC 27605
Telephone Number: 919-345-3034
E-mail: JSchmidAres.us

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Colonel Land, LLC, Judson Smith File Number: SAW-2017-00636 Date: 5/24/2017
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
® PRELIMINARY JUP fcDICTIONAL DF. AIINATION E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/Re ug latoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT

REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: Catherine Janiczak
CESAD-PDO
Asheville Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303-8801
Asheville, North Carolina 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunit to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Catherine Janiczak , 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 5/24/2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Colonel Land, LLC, Judson, Smith, 412 N. 4th Street,
Suite 300, Baton Rouge, LA, 70802
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Dogtown Mitigation Site, SAW-2017-00636
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located 0.284 Southeast of
Skyhawk Lane and C and B Farm Road. PIN(s): 37530906030, 375305291678.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Catawba City: Conover
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.753747 Longitude:-81.190942
Universal Transverse Mercator:
Name of nearest waterbody: Bakers Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 04/14/2017
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
aquatic resources in
which the aquatic resource
Latitude (decimal
Longitude (decimal
resources (i.e.,
Site Number
review area (acreage
"may be" subject (i.e.,
degrees)
degrees)
wetland vs. non -
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
WA
35.75397500
-81.19385400
0.11 acres
Wetland
404
WB
35.75358100
-81.19304400
0.13 acres
Wetland
404
WC
35.75344900
-81.19193300
0.05 acres
Wetland
404
WD
35.75291300
-81.19285400
0.24 acres
Wetland
404
WE
35.75303500
-81.18995200
0.06 acres
Wetland
404
WF
35.75220900
-81.18638200
0.39 acres
Wetland
404

PA
35.7538
-81.1938
0.66 acres
Wetland
404
PB
35.7535
-87.1926
0.35 acres
Wetland
404
PC
35.7532
-81.191
1.46 acres
Wetland
404
Baker's
Creek
35.754026
-81.187627
5528If
Non -Wetland
404
UT2
35.752786
-81.192605
706If
Non -Wetland
404
UT3
35.753342
-81.189122
573If
Non -Wetland
404
UT4
35.752843
-81.193183
513If
Non -Wetland
404
UT5
35.7526110
-81.19288100
1446If
Non -Wetland
404
UT6-A
35.7575
-81.1835
473If
Non -Wetland
404
UT6-B
35.7537
-81.1835
296If
Non -Wetland
404
UT6-C
35.7523
-81.1856
1231If
Non -Wetland
404
S1
35.7637
-81.1852
1500If
Non -Wetland
404
S2-A
35.7641
-81.1822
601If
Non -Wetland
404
S2-13
35.7648
-81.1838
613If
Non -Wetland
404
S3-A
35.7605
-81.1827
442If
Non -Wetland
404
S3-B
35.7603
-81.1846
780If
Non -Wetland
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request and
obtain an approved JD (AJD) for that review area based on an informed decision after having
discussed the various types of JDs and their characteristics and circumstances when they may

be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWT or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3) the applicant has the right to request an individual permit rather than accepting the terms and
conditions of the NWT or other general permit authorization; (4) the applicant can accept a
permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without requesting
an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit
authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance
on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic
resources in the review area affected in any way by that activity will be treated as jurisdictional,
and waives any challenge to such jurisdiction in any administrative or judicial compliance or
enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the
applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable.
Further, an AJD, a proffered individual permit (and all terms and conditions contained therein),
or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If,
during an administrative appeal, it becomes appropriate to make an official determination
whether geographic jurisdiction exists over aquatic resources in the review area, or to provide
an official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there
"may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the
subject review area, and identifies all aquatic features in the review area that could be affected
by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Waters of the U.S. Map (Date: 02/27/2017)_
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑Aerial (Name & Date):
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Digitally signed by
JANICZAK.CATHERIN DN:c—UUS,—USGovemmpen[,—D,D,6
E.MARIE.1535587066.n JAMUAK ATHEFINE.MANIE.1535587
Dale: 2017.05.2410:1 7:56-04'00'
Signature and date of Regulatory Signature and date of
staff member completing PJD person requesting PJD
(REQUIRED, unless
obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.

Legend ,
Proposed Easement
Wetland Limits (0-97 AC.) s�
Open Water Limits (2.47 Ac.)
Streams (14,701 LF)
Upland Data Points
• Wetland Data Points
Reach Breaks
map is for planning purposes only. Delineation
+� ti results are approximate and have not been survey
* located. Areas shown have not been verified by
%r A ' '' NCDWR or USACE.
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