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HomeMy WebLinkAbout20190681 Ver 1_revised Mitigation Plan_20200228ID#* 20190681 Version* 1 Select Reviewer:* Katie Merritt Initial Review Completed Date 03/02/2020 Mitigation Project Submittal - 2/28/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer r- Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Jeremiah Dow Project Information ................................................................................... ID#:* 20190681 Existing IDY Project Type: Project Name: County: Email Address:* jeremiah.dow@ncdenr.gov Version: *1 Existing Version r DMS r Mitigation Bank Longhorn Riparian Buffer Mitigation Site Randolph Document Information Mitigation Document Type:* Mitigation Plans File Upload: Longhorn_100114_MP 2020-02-28.pdf 14MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* Jeremiah Dow Signature:* MITIGATION PLAN Longhorn Riparian Buffer Mitigation Site Randolph County, NC DMS Project No. 100114 DMS Contract Number: 7866 DWR Project Number: 2019-0681 Randleman Lake Watershed Cape Fear River Basin HUC 03030003 RFP #16-007703 Prepared For: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699‐1652 MITIGATION PLAN Longhorn Riparian Buffer Mitigation Site Randolph County, NC DMS Project No. 100114 DMS Contract Number: 7866 DWR Project Number: 2019‐0681 Randleman Lake Watershed Cape Fear River Basin HUC 03030003 PREPARED FOR: NC Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699‐1652 PREPARED BY: Clearwater Mitigation Solutions 604 Macon Place Raleigh, North Carolina Authorized Representative: Mr. Kevin Yates Phone: 919‐624‐6901 This Mitigation Plan has been written in conformance with the requirements of the following: NCAC rule 15A NCAC 02B .0295, effective November 1, 2015 and Nutrient Offsets Payments Rule 15A NCAC 02B. 0240, amended effective September 1, 2010 and DWR – 1998. Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment. These documents govern DMS operations and procedures for the delivery of compensatory mitigation. Contributing Staff: Kevin Yates, Clearwater Mitigation Solutions Christian Preziosi, Land Management Group Wes Fryar, Land Management Group Kim Williams, Land Management Group February 27th, 2020 Page | 1 CLEARWATER MITIGATION SOLUTIONS February 27, 2020 Mr. Jeremiah Dow NCDEQ Division of Mitigation Services 217 W. Jones Street, Suite 3000 Raleigh, NC 27603 Re: Longhorn Riparian Buffer Mitigation Plan (DWR # 2019-0681) Response to DWR (Katie Merritt) Comments submitted on 02/10/2020 DMS Project No. 100114 Dear Mr. Dow, Please find below the response to comments on the Longhorn Buffer Mitigation Plan provided by DWR dated February 10, 2020: 1.Add a service area map to the Figures. The Service area map should show the Randleman Lake Watershed being serviced by this buffer project. Re: Complete. See Figure 9. 2.Consistent misuse of the term "riparian buffer" or "buffer" is used throughout the text and can lead to confusion or misleading information. These terms are only to be used to describe the Randleman Lake Watershed buffers, which is 0-50' from top of bank and has a Zone 1 & Zone 2. Please correct terminology where it is being misused and replace with "riparian area" where applicable. Re: Riparian Buffer and Riparian Area terminology has been corrected where appropriate and more specifically in Section 1.1. 3.There is no figure showing the proposed fence boundary, and therefore I'm unable to confirm Enhancement via cattle exclusion is in compliance with 0295 (o). Re: Complete. See Figure 10. 4.There needs to be acknowledgment that the fence will be installed prior to As-Built. Re: The cattle exclusion fence will be installed prior to As-Built, per Section 3.1. 5.There is no figure showing areas to be planted, therefore, I can't confirm Enhancement under 0295 (n) is in compliance without seeing where the provider intends on planting. Re: Complete. See Figure 8B. CLEARWATER MITIGATION SOLUTIONS Longhorn Riparian Buffer Mitigation Site Response to DWR Comments Page | 2 6.The proposed access easement along the dam includes the stream, which is the only hydrologic connection to the pond. It appears the provider is labeling this segment of stream as the "spillway". The Stream start point is provided with DWR's stream determination letter for reference. This access also should be controlled, not allowing vehicles or cattle access. It needs to be included in the Conservation Easement boundary and protected in perpetuity in order to maintain the hydrological connectivity of the pond with the stream. This connection of the pond to the stream is very important, considering this connection was the only reason the Pond was considered in-line and subject and therefore viable for buffer restoration for credits. Explain what efforts will be done to secure this area within the CE. Re: An additional 0.89-acres of existing pasture and dam area (no credit generation) will be placed within the conservation easement to protect the hydrological connection from the pond to downstream waters. An option agreement for this additional 0.89- acres has been executed with the land owners, Christopher and Nicole Redding and included within Appendix G. Clearwater is working with NCDMS to expedite the inclusion of this additional acreage into the Conservation Easement. An updated Deed of Conservation Easement and Conservation Easement Plat will be provided to NCDWR upon recordation. 7.There is concern that the work proposed to the spillway is actually being performed in the stream itself. This activity may need to be permitted. Please contact Sue Homewood about the proposed work in the spillway and provide correspondence in the final mitigation plan regarding whether the work will be acceptable as proposed or will require permitting. Re: A PCN has been submitted to Ms. Sue Homewood (NCDWR) for the use of 401 Water Quality Certification 4132 associated with improvements to the existing dam spillway within the stream reach currently discharging to the pond. A courtesy copy PCN has been provided to Mr. Andy Williams (USACE) for the use of Nationwide Permit (3). 8.Section 1.0; pages 5-6 a. 1" paragraph: Add language to clarify this site is being submitted for buffer mitigation credits to be used in the Randleman Lake Watershed. Currently, it only references the 14-digit HUC and the Cape Fear River basin. Re: Corrected. 9.Photos provided showing existing riparian conditions are dated December 2018 and were taken before the DWR site visit in 2019. Please add current photos of the riparian areas w/ dates that are more recent. Indicate any land use changes, if any, from the date DWR was last onsite, which was May 2019. Re: Recent site photos of existing conditions were taken February 14, 2020 and are provided in Appendix C. There have been no changes in land use since DWR was last onsite in May 2019. CLEARWATER MITIGATION SOLUTIONS Longhorn Riparian Buffer Mitigation Site Response to DWR Comments Page | 3Page2of2 10. Section 2.0 a.There are no regulatory considerations provided. This section needs to include a summary of the results from the Cat-Ex findings, and reference any and all correspondence relative to the Cat-Ex findings. The Cat-Ex signature page is signed, but the form is not filled out completely. b.No supporting materials and correspondence provided with the Cat Ex. Can this be provided? Other Mitigation plans have included this, and DWR does appreciate having this information for their review. EDR data was provided. Re: Section 2.0 summarizes the correspondence and results of the categorical exclusion document. The completed Categorical Exclusion document verifies that the proposed action will not have a significant impact on the environment. Supporting documents and findings are included within Appendix E. 11. Section 3.1 — a.See general comment "7". Re: Addressed in Comment 7 response and Section 2.1 of mitigation plan. b.Confirm that the herbicide used will be one that is safe for the aquatic habitat and will be applied by a licensed sprayer. Re: Yes the herbicide will be EPA approved for use in aquatic sites and applied by a licensed sprayer, which is now clarified in Section 3.1. c.Green Ash should either be removed from the planting list or limited to no more than 5% of stems planted. The Emerald Ash borer is a risk to this species. Re: Due to supply of alternative species, Green Ash could not be removed entirely from the plant list. Green Ash has been reduced to 5% of the total stems in the planting list. d.No temporary or permanent seeding is proposed. DWR requests that permanent riparian seeding be applied and established where bare areas caused from cattle are present. It is important to maintain a healthy and diverse herbaceous layer within the riparian areas to reduce the potential of runoff, nutrients and sediments into the streams. Re: Per Section 3.1 and the erosion control plan, prior to planting, denuded areas within the riparian buffer and adjacent riparian areas to be planted will be seeded with a mix of temporary and permanent seed mix per the erosion control plan specifications (Appendix F). e.Planting with a seed mix that is abundant in annual and perennial pollinator species is strictly voluntary but is being encouraged by DWR in other mitigation plans to promote diversity and enhance the health of the herbaceous layer, which can also greatly benefit planted stems. Re: Clearwater will source out native pollinator species and plant when the bare root stems have reached an appropriate height so that herbaceous pollinators species do not overtake and shade out the planted stems. CLEARWATER MITIGATION SOLUTIONS Longhorn Riparian Buffer Mitigation Site Response to DWR Comments Page | 4 12. Section 4.0 — a.Edit 4th sentence to read as follows:Monitoring will be conducted during the growing season for a period of at least five years or until performance standards are achieved. Re: Corrected. 13. Section 5.0: Instead of Success Criteria, please use "Performance Standards" to be consistent with .0295 terminology a. The rule 0295 (n)(2)(B) provides two options for planting plans, Is it Trees? Or Trees & Shrubs combined? please pick the one that applies to this site. I only saw trees proposed in Table 3. Re: Corrected. 14. Was there an AD-1006 form required? Re: Yes, Form AD-1006 was completed and submitted to Mr. Milton Cortes of the NRCS. It was the opinion of Mr. Cortes and FHWA that the project complies with the Farmland Protection Policy Act. (Discussed in Section 2.0 and supporting documents are included in Appendix E). 15. Figure 8 — When using the scale provided on the figure, there appears to be some areas <30' proposed for buffer restoration around the pond near the tree line. However, this is not shown in Table 2b. Explain. Re: Figure 8 has been corrected to depict this non-creditable area on the western side of the pond, which is less than 30-ft from the normal pool of the pond. Table 2b has been adjusted to account for this reduction of 2,046.150 sf. 16. Overall, if the riparian restoration is done according to the plan and addresses all comments and corrections provided by DWR, the site should provide a good buffer mitigation project. Re: Noted. Please do not hesitate to contact me with questions at 919-624-6901. Sincerely, Kevin Yates Longhorn Riparian Buffer Mitigation Site – Mitigation Plan i | Page DMS Project No. 100114 February 2020 TABLE OF CONTENTS 1.0 Mitigation Project Summary .............................................................................................. 1 1.1 Project Narrative .......................................................................................................... 1 1.2 Project Location and Site Description ......................................................................... 2 A. Watershed and Water Quality Classification .......................................................... 3 B. Physiography, Geology, and Soils ............................................................................ 3 C. Streams and Existing Conditions .............................................................................. 3 2.0. Regulatory Considerations ................................................................................................. 4 2.1 Determination of Credits ............................................................................................. 4 3.0. Implementation Plan ......................................................................................................... 8 3.1 Site Preparation ............................................................................................................ 8 3.2 Methods and Materials ................................................................................................ 9 4.0 Monitoring Plan .................................................................................................................. 9 5.0 Performance Standards ................................................................................................... 10 6.0 Stewardship ..................................................................................................................... 11 6.1 Ownership ................................................................................................................... 11 6.2 Long-Term Stewardship ............................................................................................. 11 7.0 References ........................................................................................................................ 12 LIST OF FIGURES, TABLES, AND APPENDICES Figure 1 ......................................................................................................................... Vicinity Map Figure 2 ................................................................................................................... Watershed Map Figure 3 ....................................................................... USGS Glenola 7.5 Minute Topographic Map Figure 4 ....................................................................................................... NC DOT QL2 LiDAR Map Figure 5 ..................................................................................... Randolph County NRCS Soil Survey Figure 6 ........................................................................................... 1998 NAPP Aerial Photography Figure 7 ........................................................................................................................... 2016 Aerial Figure 8A .................................................................................................. Mitigation Plan Overview Figure 8B ...................................................................................................... Planting Plan Overview Figure 9 ................................................................................................................. Service Area Map Figure 10 ........................................................................................... Cattle Exclusion Fence Exhibit Longhorn Riparian Buffer Mitigation Site – Mitigation Plan ii | Page DMS Project No. 100114 February 2020 Table 1. ................................................................................................... Stream Attribute Summary Table 2a ...................................................................................................... Buffer Project Attributes Table 2b ............................................................................................ Buffer Project Area and Assets Table 3 ......................................................................................................................... Planting Plan Table 4 .................................................................................................... Site Protection Instrument Appendix A. ....................................................................................... Historical Aerial Photography Appendix B .......................................................................... NC DWR Stream Determination Letter Appendix C ............................................................................... Existing Condition Site Photographs Appendix D ................................................................................ NC DWR Mitigation Viability Letter Appendix E ............................................................................................. Categorical Exclusion Form Appendix F................................................................................ Sediment and Erosion Control Plan Appendix G .......................................................... Recorded Conservation Ea sement Deed and Plat Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 1 | Page DMS Project No. 100114 February 2020 1.0 Mitigation Project Summary 1.1 Project Narrative The Longhorn Riparian Buffer Mitigation Site (“the project”) will provide high quality compensatory mitigation for authorized riparian buffer impacts credited through the NC DMS in-lieu-fee program and occurring within the Randleman Lake Watershed of the Cape Fear River Hydrologic Unit Code (HUC) 03030003 and to address the watershed goals identified in the Cape Fear River Basin Restoration Plan (RBRP) (NC EEP, 2010). These goals include: ● Removal of non-point source pollution (including nitrogen, phosphorous, and fecal bacteria) resulting from current land-use practices (principally cattle pasture); ● Reduction of sediment run-off/sediment loading to creek waters resulting from cattle hoof shear, bank instability, and lack of riparian buffer woody vegetation; ● Increased floodwater attenuation; ● Enhancement and protection of stream ecology and aquatic/semi-aquatic habitats; and ● Enhancement and protection of terrestrial habitats along stream terraces and hillside slopes. These goals will be achieved via the restoration and protection of riparian buffers and adjacent riparian areas along an unnamed tributary of Bob Branch (which flows east into Randleman Lake Reservoir). Specific objectives of the proposed project to achieve the desired goals include: ● Conversion of existing cattle pasture into wooded riparian buffer and wooded riparian areas along the existing stream channel and pond via planting of characteristic hardwood species and installation of cattle-exclusion fencing; ● Reduction of stream bank instability via woody stem plantings (i.e. increased woody root material) and cattle exclusion fencing; ● Ensuring diffuse flow and increased surface roughness throughout the buffer mitigation area; ● Establishment of a conservation easement to protect the riparian buffer restoration site in perpetuity; and ● Invasive species management (as needed) during monitoring period. As is well-documented in the scientific literature, riparian areas along streams and drainageways provide a suite of benefits not only to the localized site but to receiving waters and streams of the larger watershed. This is particularly important within Water Supply watersheds and surface waters susceptible to eutrophication as is the case with the Randleman Lake watershed in which the Longhorn Buffer Mitigation Site is located. Riparian buffers and adjacent riparian areas reduce the potential for on-site stressors to adversely affect streams. Restored and enhanced buffers on the Longhorn site will remove non-point source contaminants associated with intensive cattle grazing adjacent to existing surface waters. Cattle grazing and the lack of an existing, wooded riparian buffer and wooded riparian area contribute to increased soil bulk densities, reduced infiltration rates, and greater potential for run-off of contaminants (sediment and fecal phosphorous) and increased nutrient loading to receiving waters. Such stressors have a direct effect on surface water quality within this Water Supply watershed. The predominant land-use within the watershed is pasture and cropland. Sediment loading (associated with pasture and agricultural uses) is prevalent throughout the watershed. These impairments tend to be exacerbated by direct disturbances to streams and wetlands (such as prior channelization of streams and Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 2 | Page DMS Project No. 100114 February 2020 historic drainage of wetlands). The cumulative effects of such practices result in diminished nutrient uptake and nutrient/sediment loading to down-gradient waters. The high percentage of land in agricultural use in the watershed, combined with the lack of adequate stream buffers, results in water quality impairments. The proposed project promotes the goals of the Cape Fear RBRP (2010) and specifically the Water Supply Watershed by addressing runoff and buffer restoration. The project will include restoration of riparian buffers and adjacent riparian areas as well as cattle exclusion fencing. Planting and cattle exclusion will result in greater bank stability. Cattle exclusion will also result in the reduction of soil bulk densities and associated run-off, thus reducing sediment and nutrient loading to downstream waters of Randleman Lake. Ancillary benefits of the proposed riparian buffer and adjacent riparian area restoration effort include: • Increase of organic material as food for invertebrate, fish and wildlife; • Supply of woody debris that provides increased niche habitat for fish, invertebrates and amphibians; • Reduction of sunlight reaching the stream and modulation of surface water temperatures; and • Floodwater attenuation via temporary storage, interception and slow releases from heavy rains. The anticipated functional uplift to be provided by the project will have direct benefits to the adjacent streams and to the broader ecological health of the Randleman Lake watershed. 1.2 Project Location and Site Description The project site is located in Randolph County, approximately 1.5 miles northwest of the Town of Sophia, North Carolina and approximately 9 miles south of High Point (NC). The property is situated just east of NC Highway 311 and is bounded to the south by Marlboro Church Road (refer to Figure 1). The Longhorn Buffer Mitigation Site is located within the Muddy Creek 12-digit HUC (030300030106) of the Randleman Lake watershed (Figure 2). The buffer restoration and enhancement areas are located along an unnamed tributary (UT) of Bob Branch and drainages that flow directly into Randleman Lake Reservoir approximately 2 river miles downstream (refer to Figure 3 and Figure 4). Darr Field Airport (located approximately 7.3 miles to the northwest) is the closest airport to the project site. Darr Field is a private- use airport. Johnson Field (formerly located 2.4 miles to the west) is a historical private-use airport no longer in operation. The entrance to the access road for the project is at Latitude 35.839374, Longitude -79.880375. Driving Directions to the project (from Raleigh): Follow Wade Avenue for signs for I-40/RDU Int’l Airport/Durham/Blue Ridge Rd. Merge onto I-40 W for 62-miles. Keep left to continue on I-85 S, follow signs for I-73 N/US-421/Thomasville/High Point. Take Exit 113C-A for US 311 S toward Asheboro. Keep right at the fork and merge onto I-74/US-311 S. Take Exit 79 for Cedar Square Rd toward Archadale. Turn right onto Cedar Square Rd. Turn left onto US-311 and follow for 2.8-miles. Turn right onto Marlboro Church Rd. The entrance to the site is on the right approximately 0.2-miles from the intersection. Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 3 | Page DMS Project No. 100114 February 2020 A. Watershed and Water Quality Classification Based upon the NC Department of Environmental Quality surface water classification, Bob Branch is listed as a WS-IV* waterbody. B. Physiography, Geology, and Soils The Longhorn Buffer Mitigation Site is located within the Carolina Slate Belt of the Piedmont Physiographic Province (USGS, 1998). According to the U.S. EPA Ecoregion mapping program, the site is located within the Southern Outer Piedmont Ecoregion IV (45b). The Southern Outer Piedmont extends from Alabama northeast through Georgia and the Carolinas. The ecoregion is characterized by lower elevation topography, less relief, and less precipitation than the Inner Piedmont to the west. The landform class is generally irregular plains with mostly red, clayey soils underlain by weathered gneiss, schist, and granite rocks. Elevations of the site range from 740 ft above mean seal level (AMSL) at the northern (i.e. downstream) extent of the project area to approximately 790 ft AMSL on the hillside slope of the southern boundary (Figure 4). Soils in the upland areas are well-drained with slow permeability and underlain by weathered mafic rock. Mapped units include the Wynott-Enon complex (sandy loam near the surface with clay loam to clay texture in the B and C horizons) (Figure 5). Incised drainageways of the stream tributary consist of more poorly drained soils consistent with Chewacla and Wehadkee series (loamy sediments of floodplains and along streams). C. Streams and Existing Conditions The property is currently managed for cattle pasture and lacks existing forested buffer along the existing streams, pond, and drainageways bisecting the site. Site drainage and hydrology have been historically altered via the impoundment of waters. Based upon a review of available aerial photography, the tributary was impounded in the early 1970s (between 1970 and 1973). A portion of the site was in cropland as early as 1948. The remaining land was cleared and converted to agricultural production in the 1950s (see historical site aerial photography in Appendix A). The extent of the conservation easement boundary is depicted on the 1998 aerial and 2016 aerial in Figure 6 and Figure 7, respectively. On June 19th, 2019, Ms. Sue Homewood of the NC Division of Water Resources (DWR) conducted on on- site determination of site channels for the applicability to Randleman Lake Buffer Rules (15A NCAC 02B .0250). Ms. Homewood determined that perennial stream A1 and perennial waterbody P1 are subject to Randleman Lake Buffer Rules. A copy of the DWR Stream Determination letter (dated July 24, 2019) with corresponding map is provided in Appendix B. Note that for the purpose of this Mitigation Plan, the nomenclature of site reaches will be consistent with those referenced in the “Site Viability for Buffer Mitigation and Nutrient Offset Letter” prepared by Ms. Katie Merritt of NC DWR (letter dated September 26, 2018). The buffer mitigation site consists of one stream reach (A1) and an in-line pond (P1) as illustrated in Figure 8. Reach A1 is a perennial stream that flows from the in-line pond (P1) to the north and into Bob Branch approximately 1,300 lf downstream. There is approximately 625 lf of stream associated with Reach A1 within the proposed buffer easement area. Pond (P1) is an in-line pond that is approximately 5.3-acres Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 4 | Page DMS Project No. 100114 February 2020 and lies entirely within the proposed conservation easement area. Stream attributes are provided below in Table 1. Recent site photos (taken February 14th, 2020) of existing conditions are provided for reference in Appendix C. Note that there have been no changes in land use since the date that NC DWR was last on site (May 2019). Table 1. Stream Attribute Summary Stream/Surface Water Attribute Surface Water ID A1 P1 Flow Perennial Open Water (Impoundment) Stream ID Score 39.25 N/A Stream Length or Area 625 lf 5.3 acres As indicated above, the site consists nearly entirely of actively managed cattle pasture with fields extending to the top of banks of the existing pond (P1) and the east side of stream A1. The only forested area around the pond is located in the southwest corner of the pond and is off-site. A partially forested area exists just to the north (i.e. downstream) of the pond dam. This area contains sparse stem counts of red maple (Acer rubrum) and eastern red cedar (Juniperus virginiana). An area further downstream becomes forested and consists of a canopy cover of red maple, sweet gun (Liquidambar styraciflua), sycamore (Platanus occidentalis), and American holly (Ilex opaca). Herbaceous vegetation along the edge of the pond and the banks of the channels generally consists of soft rush (Juncus effusus), sedge (Carex spp.), and cattail (Typha latifolia). 2.0 Regulatory Considerations 2.1 Determination of Credits Approximately 625 linear feet (lf) of streams and the perimeter of the impoundment (approximately 2,100 lf) have been targeted for buffer restoration. Approximately 12.73 acres of existing agricultural fields are targeted for restoration while approximately 0.40 acres of partially forested areas are considered suitable for buffer enhancement. An additional 0.21 acres of existing, wooded riparian area will be enhanced as cattle exclusion fencing will be installed around the conservation easement boundary. The pond will be protected via the permanent conservation easement, and per previous discussions, the dam and additional pasture area (0.89-acres) is being secured and will be placed into the conservation easement to protect the hydrological connection from the pond to downstream waters (see further discussion in Section 6.0). An additional 0.74 acres of existing pasture (no credit generation) will be placed within the conservation easement to protect the upstream catchment area draining to the subject pond (P1), making the total conservation easement area 20.82-acres. Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 5 | Page DMS Project No. 100114 February 2020 On June 19th, 2018, Ms. Katie Merritt of the Division of Water Resources (DWR) performed an evaluation of surface water features and adjacent riparian areas within the proposed mitigation site for the determination of riparian buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) (refer to attached Site Viability Letter, Appendix D). Based upon this evaluation, DWR determined that areas within 200 ft of Reach A-1 and Pond P-1 are eligible for buffer credit. There are no known site constraints that would impede or adversely affect the proposed restoration and enhancement of riparian buffer and adjacent riparian areas within the recorded easement area. Diffuse flow of runoff will be maintained in the riparian buffer and the adjacent riparian areas. Any direct conveyances (such as pipes or drain tiles) will be eliminated and the flow converted to diffuse flow. A Categorical Exclusion document (i.e. limited environmental screening) has been completed in accordance with the National Environmental Policy Act of 1969 (NEPA) and corresponding guidelines of the Council of Environmental Quality (CEQ). As required under the Categorical Exclusion process, a Limited Phase 1 Assessment was prepared. No known or potential hazardous waste sites were identified within or adjacent to the project area and compliance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) was satisfied. Although federally protected species are designated for Randolph County, it was determined during a site evaluation that the project area does not support suitable habitat for these species. LMG prepared a self-certification package and submitted it to the US Fish and Wildlife Service (USFWS). Kathy Matthews with the USFWS confirmed receipt of this information and also stated that they had no comments or concerns under the Migratory Bird Treaty Act. Since the project area will be acquired through an easement, Natural Resources Conservation Service (NRCS) Form AD-1006 was completed and submitted to Milton Cortes of the NRCS. It was the opinion of Mr. Cortes that the project complies with the Farmland Protection Policy Act. The completed Categorical Exclusion document verifies that the proposed action will not have a significant impact on the environment. Refer to the attached Categorical Exclusion form with screening checklist, signatures of the NC DMS Project Manager and Federal Highway Administration (FHWA), and supporting attachments (Appendix E). It should be noted that a PCN has been submitted to Ms. Sue Homewood (NCDWR) for the use of 401 Water Quality Certification 4132 associated with improvements to the existing dam spillway within the stream reach currently discharging to the pond. A courtesy copy PCN has been provided to Mr. Andy Williams (USACE) for the use of Nationwide Permit (3). NC DEMLR has reviewed and approved the sediment and erosion control plan, issuing the NCG01 permit on February 17th, 2020 (Appendix F). Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 6 | Page DMS Project No. 100114 February 2020 The proposed mitigation attributes, quantities and credits are outlined in Table 2a and 2b below. Table 2a. Buffer Project Attributes Project Name Longhorn Riparian Buffer Restoration Project Hydrologic Unit Code 03030003010060 (14 digit) River Basin Cape Fear Geographic Location (Lat, Long) 35.841600, -79.882810 Site Protection Instrument (DB, PG) DB 163 Page 99 Total Credits (BMU) 376,644.994 Types of Credits Riparian Buffer Mitigation Plan Date February 2020 Initial Planting Date March 2020 Baseline Report Date May 2020 MY1 Report Date December 2020 MY2 Report Date December 2021 MY3 Report Date December 2022 MY4 Report Date December 2023 MY5 Report Date December 2024 Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 7 | Page DMS Project No. 100114 February 2020 Table 2b: Buffer Project Areas and Assets: Riparian Buffer Credits – Longhorn Riparian Buffer Restoration Project Table 2b. Longhorn, 100114, Project Mitigation Credits Service Area N Credit Ratio (sf/credit) P Credit Ratio (sf/credit) Credit Type Location Subject? (enter NO if ephemeral or ditch 1) Feature Type Mitigation Activity Min-Max Buffer Width (ft)Feature Name Total Area (sf) Total (Creditable) Area of Buffer Mitigation (sf) Initial Credit Ratio (x:1)% Full Credit Final Credit Ratio (x:1) Convertible to Riparian Buffer? Riparian Buffer Credits Convertible to Nutrient Offset? Delivered Nutrient Offset: N (lbs) Delivered Nutrient Offset: P (lbs) Buffer Rural Yes I / P Restoration 0-100 A1 82,245 82,245 1 100%1.00000 Yes 82,245.000 No —— Buffer Rural Yes I / P Restoration 101-200 A1 96,615 96,615 1 33%3.03030 Yes 31,882.982 No —— Buffer Rural Yes I / P Enhancement 0-100 A1 17,433 17,433 2 100%2.00000 Yes 8,716.500 No —— Buffer Rural Yes I / P Enhancement via Cattle Exclusion 0-100 A1 9,271 9,271 2 100%2.00000 Yes 4,635.500 No —— Buffer Rural Yes In-Line Pond Restoration 0-100 P1 186,823 186,823 1 100%1.00000 Yes 186,823.000 No —— Buffer Rural Yes In-Line Pond Restoration 101-200 P1 188,915 188,915 1 33%3.03030 Yes 62,342.012 No —— Totals:581,302 581,302 Enter Preservation Credits Below Eligible for Preservation (sf):193,767 Credit Type Location Subject?Feature Type Mitigation Activity Min-Max Buffer Width (ft)Feature Name Total Area (sf) Total (Creditable) Area for Buffer Mitigation (sf) Initial Credit Ratio (x:1)% Full Credit Final Credit Ratio (x:1) Riparian Buffer Credits Buffer — Preservation Area Subtotal (sf):0 Preservation as % Total Area of Buffer Mitigation:0.0% Ephemeral Reaches as % Total Area of Buffer Mitigation:0.0%Square Feet Credits 554,598 363,292.994 26,704 13,352.000 0 0.000 0 581301.854 581,302 376,644.994 581301.854 Square Feet Credits Nitrogen:0.000 1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).Phosphorus:0.000 Cape Fear - Randleman N/A N/A Restoration: Enhancement: Mitigation Totals 0 TOTAL AREA OF BUFFER MITIGATION (TABM) TOTAL NUTRIENT OFFSET MITIGATION Mitigation Totals Nutrient Offset: Preservation: Total Riparian Buffer: Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 8 | Page DMS Project No. 100114 February 2020 3.0 Implementation Plan 3.1 Site Preparation Based upon pre-project assessment of compaction within the proposed planting areas, the project team has determined that all areas targeted for vegetative plantings within the buffer restoration project will be disked to reduce compaction and to enhance microtopography. Selective mowing is proposed within the headwater (herbaceous) wetland area to limit blackberry and smaller, volunteer red maple (refer to Figure 8). Also spot spraying of herbicide will occur for control of invasive species within the enhancement and preservation areas (any herbicide used will be EPA-approved for use in aquatic sites and will be applied by a licensed sprayer). The existing 84-ft pond spillway will be stabilized prior to planting. The spillway will be widened to approximately 10-feet and tapered down to 6-feet, the side slopes will be lined with coir fiber matting, and the bottom of the spillway lined with rip-rap. Appropriate erosion control measures will be implemented before, during, and after the spillway maintenance to prevent sediment loss into downstream waters. There have been no observed drain tiles discharging into the subject stream channels targeted for buffer mitigation. However, such features will be removed during project implementation in the event any are observed prior to, or during, construction and planting. The proposed mitigation site will provide for the establishment of natural plant assemblages occurring within riparian habitats of the Piedmont. Prior to planting, denuded areas within the riparian buffer and adjacent riparian areas to be planted will be seeded with a mix that is abundant in annual and perennial pollinator species to promote herbaceous diversity and to enhance the health of the herbaceous stratum. Target species to be planted have been carefully selected based upon site-specific information (including soil profiles and evaluation of landscape position). The proposed planting regime will result in a mature community characteristic of riparian areas in the region. The project will include the restoration and enhancement of riparian areas adjacent to the stream and the pond on the property as outlined in Figure 8. This will be achieved via the planting of characteristic hardwood species (as further described in Section 3.2 below), ensuring diffuse flow through the riparian area. Pre-planting herbicide application will be applied to control the spread of invasive, exotic plants. The herbicide will be applied by a licensed applicator according to prescribed quantities and methods. Small areas of Chinese privet (Ligustrum sinense) and multiflora rose (Rosa multiflora) have been observed within the proposed buffer enhancement and preservation areas and along the eastern bank of Stream A1. Spot herbicide treatment of these areas will occur prior to site planting. An invasive species management plan and protocol have been implemented should invasive species volunteer into the site. Prior to planting, the conservation easement boundary will be marked using 6-inch diameter treated post buried 2 feet, standing 5 feet above the ground surface, within the pasture. Woven wire fencing with a top strand of barbed wire will be installed prior to the As-Built along the entire easement boundary. Four pedestrian access gates will be installed for future monitoring and access. Four 12-ft wide gates will be installed in appropriate locations to allow cattle to exit in case they were to breach the fence and enter the conservation easement (Figure 10). The easement boundary will also be marked with standard yellow Conservation Area signs, per the 01/23/14 NCDMS Boundary Marking Standards. Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 9 | Page DMS Project No. 100114 February 2020 3.2 Methods and Materials The planting plan consists of the planting at least four hardwood species on a density of approximately 538 stems per acre. Species selection and distribution were matched closely to micro-site hydrologic and edaphic conditions and include species characteristic of riparian assemblages in the watershed. In other words, species more tolerant of poorly drained soils (i.e. river birch, green ash, and willow oak) will be planted within lower landscape positions generally consisting of the Chewacla and Wedhakee soil series while species characteristically occurring in better drained soils (Wynott-Enon complex) will be planted in higher landscape positions (i.e. hillside slopes). The selected native trees are well-suited to the site-specific conditions of the property to promote high survivorship rates. The planting and re-establishment of characteristic riparian vegetation will be coupled with controlling invasive species population. Herbicide applications and vegetative management may be needed during tree establishment in the enhancement and restoration areas to prevent recruitment and establishment of invasive species that could compete with the planted native species. The enhancement and restoration areas will be closely monitored, and invasive vegetation management will be implemented as needed, and in consultation with DMS staff. Table 3 summarizes the planting plan for the Longhorn mitigation site. Table 3. Planting Plan1 1Supplemental or alternate species may include winged elm, American hornbeam, American holly, flowering dogwood, or black gum. 2Note planted area includes approximate 0.74 acres of conservation area. While no credit is proposed for this area, it will be planted per the same specifications (species density and composition) as those contained within final, approved mitigation plan. 4.0 Monitoring Plan Upon completion of the buffer restoration and enhancement, a Baseline Monitoring Report will be prepared and submitted to the NC DMS to document the extent of buffer mitigation. The report will include all information required by DMS monitoring guidelines including photographs, plot locations, and Common Name Scientific Name % Composition Acreage Quantity American Sycamore Plantanus occidentalis 30 3.94 2,119 Yellow Poplar Liriodendron tulipifera 25 3.28 1,766 River Birch Betula nigra 25 3.28 1,766 Willow Oak Quercus phellos 15 1.97 1,060 Green Ash Fraxinus pennsylvanica 5 0.66 353 Total N/A 100 13.13 7,064 Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 10 | Page DMS Project No. 100114 February 2020 documentation of existing species density and composition. Subsequent monitoring reports will be submitted annually to the NC DMS (by December 1 of each year). Monitoring will be conducted during the growing season for a period of at least five years or until performance standards are achieved. Year 1 monitoring will be conducted a minimum of 6 months from the completion of the planting. Monitoring will be performed in accordance with the Consolidated Mitigation Buffer Rule (15A NCAC 02B .0295) and current DMS standards. Vegetative monitoring will include the establishment of eleven (11) permanent plots consistent with the Carolina Vegetation Survey (CVS) protocol Level 2 (version 4.2) (refer to Figure 8A for plot locations and 8B for creditable planting area). During monitoring, the species, height, and vigor of each planted stem will be recorded. Additionally, the number, species, general height, and diameter at breast height (DBH) of volunteers will be documented. All planted stems within the monitoring plot will be flagged. A digital camera will be used to take photos at each predetermined photo point location. Any vegetative problem areas in the site will be noted and reported in each monitoring report. Vegetative problem areas may include areas that either lack vegetation or include populations of exotic vegetation. Monitoring reports will identify any contingency measures that may need to be employed to remedy site deficiencies. For instance, invasive vegetation management may be needed if exotic species volunteer into the site. Annual monitoring of this site will occur no earlier than late August of each year. The first year vegetation monitoring event will occur in September or October of 2020. After the fifth-year monitoring report is finalized, a close-out report that provides an assessment of the monitoring data collected from the entire monitoring period will be prepared. The project managers for Clearwater Mitigation Solutions and Land Management Group will attend the close-out meeting(s) and will present the final project to the DWR following all DMS closeout procedures and templates. 5.0 Performance Standards The site will be evaluated based upon performance criteria related to vegetative density. Specifically, the performance criteria for this project will be: (1) “Demonstrated density of planted species to meet or exceed 260 trees per acre during the fifth year post-planting;”1 and (2) Species assemblage must include a minimum of four native hardwood tree species, where no one species is greater than 50% of stems. 1 Native hardwood and native shrub volunteer species may be included to meet the final performance standard of 260 stems per acre. Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 11 | Page DMS Project No. 100114 February 2020 6.0 Stewardship 6.1 Ownership The project area and proposed conservation easement are located on two parcels. The current owner of the northern parcel (PIN 7736822634) is Christopher and Nicole Redding. The current owner of the southern parcel (PIN 7736817705) is Curtis Redding. The property owners (Grantors) have granted and conveyed in perpetuity a Conservation Easement (CE) along with a Right to Access to the State of North Carolina (Grantee). A copy of the recorded CE deed and plat are provided for reference in Appendix G. An additional 0.89-acres of existing pasture and dam area (no credit generation) will be placed within the conservation easement to protect the hydrological connection from the pond to downstream waters. An option agreement for this additional 0.89-acres has been executed with the land owners, Christopher and Nicole Redding and included within Appendix G. Clearwater is working with NC DMS to expedite the inclusion of this additional acreage into the conservation easement. An updated Deed of Conservation Easement and Conservation Easement Plat will be provided to NC DWR upon recordation. Refer to Table 4 for more detailed information related to the site protection instrument. Table 4: Site Protection Instrument – Longhorn Riparian Buffer Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage Protected under Easement Christopher & Nicole Redding 7736822634 Randolph Conservation Easement DB 163 Page 99 15.81 Curtis Redding 7736817705 Randolph Conservation Easement DB 163 Page 99 4.12 Christopher & Nicole Redding 7736822634 Randolph Conservation Easement To Be Recorded 0.89 (Dam Area) 6.2 Long-Term Stewardship Plan The site will be transferred to the North Carolina Department of Environmental Quality (NCDEQ) Stewardship Program. This party shall serve as conservation easement holder and long-term steward for the property and will conduct periodic inspection of the site to ensure that restrictions required in the conservation easement are upheld. Funding will be supplied by the responsible party on a yearly basis until such time an endowment is established. The NCDEQ Stewardship Program is developing an endowment system within the non-reverting, interest-bearing Conservation Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by North Carolina General Statue GS 113A-232(d)(3). Interest gained by the endowment fund may be used for the purpose of stewardship, monitoring, stewardship administration, and land transaction costs, if applicable. The Stewardship Program will periodically install signage as needed to identify boundary markings as needed. Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 12 | Page DMS Project No. 100114 February 2020 7.0 References Natural Resources Conservation Service (NRCS). Web Soil Survey of Randolph County. http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications. http://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database, Randolph County, NC. United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species, Randolph County, NC. https://www.fws.gov/raleigh/species/cntylist/randolph.html Longhorn Riparian Buffer Mitigation Site Cataloging Unit 03030003 Randolph County, NC Map Date: 01-07-19 LMG # 40-18-457 Figure 1 Vicinity Map 0 1 20.5 Miles¯L:\WETLANDS\2018 WETLANDS FILES\LMG18.457 --- Randleman DMS Buffer Site, Kevin Yates\Proposal\Figures Boundaries are approximate and not meant to be absolute. Map Source: DeLorme 2012 Atlas & Gazeteer SITE Moore Randolph Chatham Guilford Lee Orange Davidson MontgomeryStanly Alamance Harnett HokeAnson Forsyth Richmond Cumberland Durham Wake Rowan Scotland Union NCDOT GIS Unit, Esri, HERE, Garmin, (c) OpenStreetMap contributors, (c) OpenStreetMap and contributors, Creative Commons-Share Alike License (CC-BY-SA) Longhorn Riparian Buffer Mitigation Site Cataloging Unit 03030003 Randolph County, NC Map Date: 02-24-20 LMG # 19.249 Figure 2 Watershed Map L:\WETLANDS\2019 WETLANDS FILES\LMG19.249 --- Longhorn Buffer Project, Kevin Yates\Mitigation Plan\Draft Mit Plan\Figures Boundaries are approximate and not meant to be absolute.Map Source: ArcGIS Open Street Map Legend Longhorn Project Boundary Muddy Creek Watershed (030300030106) Randleman Lake Watershed 8-Digit Hydrologic Unit (03030003) Longhorn Site ¯ 0 5 10 15 202.5 Miles ^_ Figure 3 Topographic Map 0 400 800200Feet¯Boundaries are approximate and not meant to be absolute. Legend Parcel Boundary: ~45.18 Acres Longhorn Conservation Easement: ~20.81 Acres Bob Branch Map Source: USGS Glenola Quadrangle 7.5 Minute SITE Longhorn Riparian Buffer Mitigation Site Cataloging Unit 03030003 Randolph County, NC Map Date: 02-24-20 LMG # 19.249 L:\WETLANDS\2019 WETLANDS FILES\LMG19.249 --- Longhorn Buffer Project, Kevin Yates\Mitigation Plan\Draft Mit Plan\Figures Bvb Branch 4 Legend Parcel Boundary: --45.18 Acres ® Longhorn Conservation Easement: —20.81 Acres F ' LiDAR Elevation x. 802.533 - 812.23 792.837 - 802,533 i 783.14 - 792.837 - 773.443 - 783.14 - 763.747 - 773.443 754-05 - 763.747 - 744.353 - 754.05 734.657 - 744.353 724.96 - 734.657 N n�7 pry L-IWETLANDSUO19 WETLANDS FILESTMG19.249 -- Longhorn Buffer Project, Kevin Yates%Mitigation PIan%Dralt Mit PIanTigures 0 200 400 800 Boundaries are approximate and not meant to be absolute. Feet Ma Source: NC Flood lain Mapping Pro ram 2014 QL2 LiDAR Data Longhorn Riparian CLF-4RWATF_R AflTIGA770-V Buffer Mitigation Site SOLT-,TIONS 1 Cataloging Unit 03030003 Figure 4 Randolph County, NC 4LMG LiDAR Map Map Date: 02-24-20 LMG # 19.249 L A N U MA NACU F-M E NT(i ROUP a OWEYAI. CO-P a Esri, HERE, Garmin, (c) OpenStreetMap contributors Figure 5 Soils Map 0 700 1,400350Feet¯Boundaries are approximate and not meant to be absolute. Map Source: NRCS Randolph County Soil Survey, 2006 SITE Legend CmA: Chewacla and Wehadkee soils, 0-2% slopes, frequently flooded CnB2: Coronaca clay loam, 2-8% slopes, moderately eroded CnC2: Coronaca clay loam, 8-15% slopes, moderately eroded HeB: Helena sandy loam, 2-6% slopes HeC: Helena sandy loam, 6-10% slopes MaC: Mecklenburg loam, 8-15% slopes MeB2: Mecklenburg clay loam, 2-8% slopes, moderately eroded MeC2: Mecklenburg clay loam, 8-15% slopes, moderately eroded WtB: Wynott-Enon complex, 2-8% slopes WtC: Wynott-Enon complex, 8-15% slopes WvB2: Wynott-Enon complex, 2-8% slopes, moderately eroded WvC2: Wynott-Enon complex, 8-15% slopes, moderately eroded WzB: Wynott-Wilkes-Poindexter complex, 2-8% slopes Longhorn Conservation Easement L:\WETLANDS\2019 WETLANDS FILES\LMG19.249 --- Longhorn Buffer Project, Kevin Yates\Mitigation Plan\Draft Mit Plan\Figures Longhorn Riparian Buffer Mitigation Site Cataloging Unit 03030003 Randolph County, NC Map Date: 02-24-20 LMG # 19.249 Esri, HERE, Garmin, (c) OpenStreetMap contributors Longhorn Riparian Buffer Mitigation Site Cataloging Unit 03030003 Randolph County, NC Map Date: 02-24-20 LMG # 19.249 Figure 6 1998 Aerial Photograph 0 500 1,000250Feet¯Boundaries are approximate and not meant to be absolute. Legend Parcel Boundary: ~45.18 Acres Longhorn Conservation Easement: ~20.81 Acres Bob Branch Map Source: 1998 NAPP Aerial Photography SITE L:\WETLANDS\2019 WETLANDS FILES\LMG19.249 --- Longhorn Buffer Project, Kevin Yates\Mitigation Plan\Draft Mit Plan\Figures Esri, HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Longhorn Riparian Buffer Mitigation Site Cataloging Unit 03030003 Randolph County, NC Map Date: 02-24-20 LMG # 19.249 Figure 7 Aerial Photograph 0 400 800200Feet¯L:\WETLANDS\2019 WETLANDS FILES\LMG19.249 --- Longhorn Buffer Project, Kevin Yates\Mitigation Plan\Draft Mit Plan\Figures Boundaries are approximate and not meant to be absolute. Legend Parcel Boundary: ~45.18 Acres Longhorn Conservation Easement: ~20.81 Acres Bob Branch Map Source: 2016 ESRI World Imagery SITE L:\WETLANDS\2019 WETLANDS FILES\LMG19.249 --- Longhorn Buffer Project, Kevin Yates\CAD\Longhorn.dwgLEGENDParcel Boundary(~45.18 ac.)Top Of Bank (Stream)(~0.10 ac.)Conservation Easement Boundary(~20.82 ac.)Buffer Restoration - Stream (0 ft - 100 ft) (269,068.000 BMU)Buffer Enhancement (Cattle Exclusion) (4,635.500 BMUBuffer Restoration - Stream (101 ft - 200 ft) (94,224.994 BMU)Area To Be Added To CE (At a Later Date) (No credits)Buffer Enhancement (To Be Planted) (8,716.500 BMU)TOTAL CREDITS 376,644.994 BMUNOTES:1. TAX PARCEL BOUNDARIES AND 2018 AERIAL FROM NCONEMAP.2. BOUNDARIES ARE APPROXIMATE AND NOT MEANT TO BE ABSOLUTE.Project:Title:Mitigation PlanGSFDrawn By:Date:Scale:1"=300'November 20198AJob Number:Figure:Revision Date:LMG19.2492/26/2020Longhorn Riparian BufferMitigation SiteCatalog Unit 030300036003000150HeadwaterWetland Area(Herbaceous)A1P1Stream Start35.842449°79.883372°Monitoring PlotAccessEasement 2AccessEasement 1Stream NotSubject toBuffer RulesNon-Creditable Area(2,046.150 s.f.)Non-Creditable Area(38,834.128 s.f.)Conservation Area (No credits) L:\WETLANDS\2019 WETLANDS FILES\LMG19.249 --- Longhorn Buffer Project, Kevin Yates\CAD\Longhorn.dwgLEGENDParcel Boundary(~45.18 ac.)Top Of Bank (Stream)(~0.10 ac.)Conservation Easement Boundary(~20.82 ac.)Planting Area(~13.13 ac.)Conservation AreaNOTES:1. TAX PARCEL BOUNDARIES AND 2018 AERIAL FROM NCONEMAP.2. BOUNDARIES ARE APPROXIMATE AND NOT MEANT TO BE ABSOLUTE.Project:Title:Planting PlanGSFDrawn By:Date:Scale:1"=300'2/26/20208BJob Number:Figure:Revision Date:LMG19.249NALonghorn Riparian BufferMitigation SiteCatalog Unit 030300036003000150A1P1Monitoring PlotAccessEasement 2AccessEasement 1Conservation AreaTo Be Planted Guilford Randolph Davidson Forsyth NCDOT GIS Unit, USGS TNM – National Hydrography Dataset. Data Refreshed January, 2020., (c) OpenStreetMap and contributors, Creative Commons-Share Alike License (CC-BY-SA) Longhorn Riparian Buffer Mitigation Site Cataloging Unit 03030003 Randolph County, NC Map Date: 02-24-20 LMG # 19.249 Figure 9 Service Area Map L:\WETLANDS\2019 WETLANDS FILES\LMG19.249 --- Longhorn Buffer Project, Kevin Yates\Mitigation Plan\Draft Mit Plan\Figures Boundaries are approximate and not meant to be absolute.Map Source: ArcGIS Open Street Map Legend Longhorn Project Boundary 12-digit HU (Subwatershed) Muddy Creek Watershed (030300030106) Randleman Lake Watershed (Service Area) 8-Digit Hydrologic Unit (03030003) Longhorn Site ¯ 0 2 4 6 81Miles ^_ I I, - — - FIGURE 10 --. - -T; GRADING LEGEND ® FlAREO ENO SECTION Cattle EXlcusion Fencing STORM DR""AGE ` LIMBS OF DISTURBANCE \ 250 MAJOR COMOUR ' 252 MINOR CONTOUR \\ , Access Gates __-_ __250_ EXISTING MMOR CONTOUR r ' _ _ _ _ _ - - 252 EXISTING MINOR CONTOUR 77 EROSION CONTROL LEGEND \ \ 11111111- ml FENCE OMNCT SILT FENCE LIMBS OF DISTURReurE CONSTRUCTION FNm F/EXIT DISTURBED AREA =14.22 AC � J2•e v o � � ' , t Know what's below. ' Call before you dig. 1 CONTRACTOR SHALL NOTIFY "NCB1 V (811) OR (1-800-6324949) AT ' ILEAST3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION -OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED. CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE THEIR OWN LOCATOR SERVICES INDEPENDENT OF'NC811". \ \ (REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY. ------- I . EXISTING `♦ n ���Ik l�or+�b� i / 9 1 V r I•Aa. �`r ��� 1 y / / MARLBORO CHURCH ROAD ` ~ ' N G RAPHICSCAIE F 0 1 W6•>b N: PRELIMINARY DRAWING - NOT RELEASED F1 11 MCADAMS The John R McAdams Company, Inc 2905 Meridian Parkway Durham, INC 27713 phone 919. 361 5000 Fax 919- 36L 2269 license number: C-0293, C-187 -mmdamsco.com CLIENT CLEARWATER MITIGATION SOLUTIONS PHONE: 919. 629, 6901 CLE4RI1A TER.WT1GA770N SOL(JTTONS 6 — W Vf ZN z_ CIE _O H = u O o rR Q u Ln FYI w H Q 0, H m d a U Zia° F c I--` w = Z LLnn o ^' 0 J 'F i '; A0. REVISIONS PLAN INFORMATION PROIECTNO CLW-18000 FILENAME CLW1B000-111 CHECKED BY RAS DRAWN BY RA SCALE 1"=SC' DATE 02 05 2020 SHEET EROSION CONTROL PLAN C6.01 Longhorn Riparian Buffer Mitigation Site – Mitigation Plan DMS ID No. 100114 APPENDIX A.  HISTORIC AERIAL PHOTOGRAPHY  The EDR Aerial Photo Decade Package Randleman Site Highway311 Sophia, NC 27350 Inquiry Number: January 07, 2019 5526647.1 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com 2016 1"=500'Flight Year: 2016 USDA/NAIP 2012 1"=500'Flight Year: 2012 USDA/NAIP 2009 1"=500'Flight Year: 2009 USDA/NAIP 2006 1"=500'Flight Year: 2006 USDA/NAIP 1999 1"=750'Flight Date: February 15, 1999 USGS 1993 1"=500'Acquisition Date: February 02, 1993 USGS/DOQQ 1983 1"=500'Flight Date: April 04, 1983 NHAP 1973 1"=500'Flight Date: February 24, 1973 USGS 1970 1"=500'Flight Date: May 07, 1970 USDA 1969 1"=500'Flight Date: March 13, 1969 USGS 1964 1"=500'Flight Date: September 14, 1964 USGS 1950 1"=500'Flight Date: November 18, 1950 USGS 1948 1"=500'Flight Date: May 19, 1948 USGS EDR Aerial Photo Decade Package 01/07/19 Randleman Site Site Name:Client Name: Land Management Group, Inc. Highway311 3805 Wrightsville Avenue Sophia, NC 27350 Wilmington, NC 28403 EDR Inquiry #5526647.1 Contact:Randy Brant Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR’s professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo per decade. Search Results: Year Scale Details Source When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. 5526647 1-page 2 5526647.1 2016 = 500' 5526647.1 2012 = 500' 5526647.1 2009 = 500' 5526647.1 2006 = 500' 5526647.1 1999 = 750' 5526647.1 1993 = 500' 5526647.1 1983 = 500' 5526647.1 1973 = 500' 5526647.1 1970 = 500' 5526647.1 1969 = 500' 5526647.1 1964 = 500' 5526647.1 1950 = 500' 5526647.1 1948 = 500' Longhorn Riparian Buffer Mitigation Site – Mitigation Plan DMS ID No. 100114 APPENDIX B.  DWR STREAM DETERMINATION LETTER  ROY COOPER Governor MICHAEL S. REGAN Secremi} LINDA CULPEPPER Director Kevin Yates Clearwater Mitigation Solutions 604 Macon Place Raleigh, NC 27609 ,0.SrRiE� 9 ��rprw Mom• NORTH CAROLINA Environmental Qnaliq, July 24, 2019 Subject: On -Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC 2B .0250) Subject Property: Longhorn Buffer Mitigation Site, 2546 Marlboro Church Rd, Sophia NC, Randolph County DWR # 2019-0681 Dear Mr. Yates. On June 19, 2019, at your request, Sue Homewood conducted an on -site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. Katie Merritt with the Division of Water Resources (Division) — 401 & Buffer Permitting Branch was also present during the site visit. The attached sketch depicts the channels that were reviewed during the site visit. Channel Al and Pond P1 as shown on the attached sketch were determined to be subject to the Randleman Buffer Rules cited above. Please note that these regulations may be subject to change in the future. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. North Carolina Department of Environmental Quality I Division of Water Resources D E Q d Winston-Salem Regional Office 1 450 W. Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 w-�14- -- \.� 336-776-9800 Landowners or affected parties that dispute a determination made by the Division or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. The Division recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within Waters of the United States or Waters of the State or their associated buffers. If you have any additional questions or require additional information, please contact me at 336-776-9693 or sue. hoinewood(ei)ncdenr,goy. Sincerely, LU c+;u Sigurd by -5;_ orwcse.00� 45AEOB$IONNI1 Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Clearwater Mitigation Solutions Mitigation Plan Layout — DWR initialed/dated Cc: Curtis Redding, 4126 Baker Farm Rd, Sophia NC 27530 Katie Merritt, DWR (via email) Jeremiah Dow, DMS (via email) DWR, Winston-Salem Regional Office Page 2 of 2 .......... Stream Start' 35,842449 79.883372" MIA, Headwater VVetI.and Area (Herbaceous) Longhorn Riparian Buffer Mitigation Site – Mitigation Plan DMS ID No. 100114 APPENDIX C.  SITE PHOTOGRAPHS  APPENDIX C. SITE PHOTOS – EXISTING CONDITIONS Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 1 | Page DMS ID No. 100114 (1) Stream channel A1 facing downstream and northeast (includes riparian buffer areas to be planted) (2) View of secondary channel facing upstream toward impoundment and enhancement area. Photo Date: December 18, 2018 Photo Date: December 18, 2018 APPENDIX C. SITE PHOTOS – EXISTING CONDITIONS Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 2 | Page DMS ID No. 100114 (3) Compacted banks and floodplain of Channel A1 in area of active cattle grazing. (4) View of cattle grazing impacts (i.e. compaction and manure) along stream channel proposed for buffer restoration. Photo Date: December 18, 2018 Photo Date: December 18, 2018 APPENDIX C. SITE PHOTOS – EXISTING CONDITIONS Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 3 | Page DMS ID No. 100114 (5) View of proposed riparian buffer restoration in fields adjacent to Channel A1 (facing downstream). (6) View of western side of impoundment and area of proposed buffer restoration. Photo Date: December 18, 2018 Photo Date: December 18, 2018 APPENDIX C. SITE PHOTOS – EXISTING CONDITIONS Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 4 | Page DMS ID No. 100114 (7) View of cattle and cow patties in existing pasture land. Photo Date: December 18, 2018 Photo Date: December 18, 2018 APPENDIX C. SITE PHOTOS – EXISTING CONDITIONS Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 5 | Page DMS ID No. 100114 (8) View of headwater wetland draining toward impoundment (to be included in buffer easement). (9) View of pasture land adjacent to pond to be buffered. (10) View of existing pasture land east of pond (looking north). Photo Date: February 14, 2020 Photo Date: February 14, 2020 APPENDIX C. SITE PHOTOS – EXISTING CONDITIONS Longhorn Riparian Buffer Mitigation Site – Mitigation Plan 6 | Page DMS ID No. 100114 (11) View of compacted pasture land adjacent to pond. Photo Date: February 14, 2020 Longhorn Riparian Buffer Mitigation Site – Mitigation Plan DMS ID No. 100114 APPENDIX D.  BUFFER MITIGATION VIABILITY LETTER  ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Dlrertor NORTH CAROLINA fnvtronmewal Quality July 30, 2019 Kevin Yates DWR# 2019-0651 Clearwater Mitigation Solutions Randolph County 604 Macon Place Raleigh, NC 27609 (via electronic wail: clearwatermiti ag tionC&wnail.com) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Longhorn Site Located near 2546 Marlboro Church Rd., Sophia, NC Randleman Lake Watershed Dear Mr. Yates, On May 21, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request from Clearwater Mitigation Solutions (CMS) for an onsite mitigation determination near the above - referenced site (Site). The Site is located within the Randleman Lake Watershed of the Cape Fear River Basin in the 8-digit Hydrologic Unit Code 03030003. The Site is being proposed as part of a full -delivery riparian buffer mitigation project for the Division of Mitigation Services (RFP #16- 007703). On June 19, 2019, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams and channels onsite, which are shown on the attached map labeled "Mitigation Plan Layout". Staff from the Division of Mitigation Services were also present onsite. Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank JOB) and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015). North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street ! 1617 Mail Service Center I Ralefgh, North Carolina 27699-1617 r�iwrircQ^M e�. D.P aW 919.707.9000 Longhorn Site Clearwater Mitigation Solutions July 30, 2019 Feature Classification 'Subject Riparian Land uses $offer Credit 2Nutrient 5Mitigation Type Determination onsite to adjacent to Feature Offset w/in riparian areas -20 Buffer Vial Viable Rule Al Stream Yes Combination of forested, 34Yes N/A Forested Areas - Preservation Site partially forested and non- per 15A NCAC 02B .0295 (o)(5) or forested pasture grazed by Enhancement Site per 15A NCAC cattle (see map) 02B .0295 (o)(6) if fence is installed Partially forested areas - Enhancement Site per 15A NCAC 02B .0295 (n) and required to be planted Non -forested areas - Restoration Site per 15A NCAC 02B .0295 (n) P1 In -line pond Yes Mostly non -forested pasture 'Yes N/A Non -forested areas - Restoration (unless grazed by cattle with some Site per 15A NCAC 026.0295 (o)(7) agri. forested areas (see map) with .Exempt) no cattle Forested Areas - Preservation Site per 15A NCAC 02B .0295 (o)(5) 'Subjectivity calls for the features were determined by DA R in correspondence dated July 24, 2019 using the I :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 Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule. 4T'he area described as an Enhancement Site was assessed and determined to comply with all 15A NCAC 02B .0295(o)(6). Cattle exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule. 5AI1 features proposed for buffer mitigation or nutrient offset, must have a conservation easement established that includes the tops of channel banks when being measured perpendicular and landward from the banks, even when no credit is viable within the 50' riparian buffer. The map attached to this letter was prepared by CMS and initialed by Ms. Merritt on July 30, 2019. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Where riparian areas adjacent to ponds are fully or partially proposed for buffer mitigation credit, the entire pond must be protected with a permanent conservation easement to be viable to generate buffer mitigation credits. Otherwise, additional measures as determined by DWR will be required to be viable to generate mitigation credits. 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 riparian buffer mitigation credits. Page 2 of 3 Longhorn Site Clearwater Mitigation Solutions July 30, 2019 This viability assessment will expire on July 30, 2021 or upon the submittal of an As -Built Report to the DWR, whichever comes first. This letter should be provided in all stream and wetland, buffer and/or nutrient offset mitigation plans for this Site. K AH/7cm Attachments: Mitigation Layout Map cc: File Copy (Katie Merritt) Jeremiah Dow- DMS (via electronic mail) Sincerely, 1/karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 3 of 3 I rim P eYyi. i1i•iiY Co �1 �3 V, ♦ 1ca ai co OD CO Longhorn Riparian Buffer Mitigation Site – Mitigation Plan DMS ID No. 100114 APPENDIX E.  CATEGORICAL EXCLUSION APPROVAL FORM  Appendix A Categorical Exclusion Form for Division of Mitigation Services Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part 1: General Project Information Project Name: Longhorn Riparian Buffer Mitigation Project Count Name: Randolph DMS Number: Project No. 100114 Project Sponsor: Clearwater Miti ation Solutions Project Contact Name: Kevin Yates Project Contact Address: 604 Macon Place; Raleigh, NC Project Contact E-mail: clearwatermiliption@gmail.com DMS Project Manager: Mr. Jeremiah Dow Project Description Clearwater Mitigation Solutions, LLC plans to provide a full -delivery riparian buffer mitigation project known as the Longhorn Riparian Buffer Mitigation Site, for NC Division of Mitigation Services. The project site is located in Randolph County, approximately 1.5 miles northwest of the Town of Sophia, North Carolina. The project involves the planting a riparian buffer adjacent to stream channels and a pond. Additionally, cattle will be excluded from the pond. Disking of the soil prior to planting and replacement of an existing outlet structure at the pond also be oertormed. Reviewed By: ir12a119 Conditional Approved By: Date Check this box if there are outstanding issues Final Approval By: Date D Project Manager For Division Administrator FHWA For Division Administrator FHWA N. 7 Part 2: All Projects Regulation/Question Response Coastal Zone Management Act (CZMA) 1. Is the project located in a CAMA county? Yes No 2. Does the project involve ground-disturbing activities within a CAMA Area of Environmental Concern (AEC)? Yes No N/A 3. Has a CAMA permit been secured? Yes No N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management Program? Yes No N/A Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1. Is this a “full-delivery” project? Yes No 2. Has the zoning/land use of the subject property and adjacent properties ever been designated as commercial or industrial? Yes No N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? Yes No N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? Yes No N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous waste sites within the project area? Yes No N/A 6. Is there an approved hazardous mitigation plan? Yes No N/A National Historic Preservation Act (Section 106) 1. Are there properties listed on, or eligible for listing on, the National Register of Historic Places in the project area? Yes No 2. Does the project affect such properties and does the SHPO/THPO concur? Yes No N/A 3. If the effects are adverse, have they been resolved? Yes No N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) 1. Is this a “full-delivery” project? Yes No 2. Does the project require the acquisition of real estate? Yes No N/A 3. Was the property acquisition completed prior to the intent to use federal funds? Yes No N/A 4. Has the owner of the property been informed: * prior to making an offer that the agency does not have condemnation authority; and * what the fair market value is believed to be? Yes No N/A 8 Part 3: Ground-Disturbing Activities Regulation/Question Response American Indian Religious Freedom Act (AIRFA) 1. Is the project located in a county claimed as “territory” by the Eastern Band of Cherokee Indians? Yes No 2. Is the site of religious importance to American Indians? Yes No N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic Places? Yes No N/A 4. Have the effects of the project on this site been considered? Yes No N/A Antiquities Act (AA) 1. Is the project located on Federal lands? Yes No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects of antiquity? Yes No N/A 3. Will a permit from the appropriate Federal agency be required? Yes No N/A 4. Has a permit been obtained? Yes No N/A Archaeological Resources Protection Act (ARPA) 1. Is the project located on federal or Indian lands (reservation)? Yes No 2. Will there be a loss or destruction of archaeological resources? Yes No N/A 3. Will a permit from the appropriate Federal agency be required? Yes No N/A 4. Has a permit been obtained? Yes No N/A Endangered Species Act (ESA) 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat listed for the county? Yes No 2. Is Designated Critical Habitat or suitable habitat present for listed species? Yes No N/A 3. Are T&E species present or is the project being conducted in Designated Critical Habitat? Yes No N/A 4. Is the project “likely to adversely affect” the specie and/or “likely to adversely modify” Designated Critical Habitat? Yes No N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? Yes No N/A 6. Has the USFWS/NOAA-Fisheries rendered a “jeopardy” determination? Yes No N/A 9 Executive Order 13007 (Indian Sacred Sites) 1. Is the project located on Federal lands that are within a county claimed as “territory” by the EBCI? Yes No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed project? Yes No N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred sites? Yes No N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired? Yes No 2. Has NRCS determined that the project contains prime, unique, statewide or locally important farmland? Yes No N/A 3. Has the completed Form AD-1006 been submitted to NRCS? Yes No N/A Fish and Wildlife Coordination Act (FWCA) 1. Will the project impound, divert, channel deepen, or otherwise control/modify any water body? Yes No 2. Have the USFWS and the NCWRC been consulted? Yes No N/A Land and Water Conservation Fund Act (Section 6(f)) 1. Will the project require the conversion of such property to a use other than public, outdoor recreation? Yes No 2. Has the NPS approved of the conversion? Yes No N/A Magnuson-Stevens Fishery Conservation and Management Act (Essential Fish Habitat) 1. Is the project located in an estuarine system? Yes No 2. Is suitable habitat present for EFH-protected species? Yes No N/A 3. Is sufficient design information available to make a determination of the effect of the project on EFH? Yes No N/A 4. Will the project adversely affect EFH? Yes No N/A 5. Has consultation with NOAA-Fisheries occurred? Yes No N/A Migratory Bird Treaty Act (MBTA) 1. Does the USFWS have any recommendations with the project relative to the MBTA? Yes No 2. Have the USFWS recommendations been incorporated? Yes No N/A Wilderness Act 1. Is the project in a Wilderness area? Yes No 2. Has a special use permit and/or easement been obtained from the maintaining federal agency? Yes No N/A EDR REPORT FORM-NULL-PVC tropeR paM suidaR yrammuS RDE 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com Longhorn Riparian Buffer Mitigation Site Marlboro Church Road Sophia, NC 27350 Inquiry Number: 5788348.2s September 13, 2019 SECTION PAGE Executive Summary ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM GeoCheck - Not Requested TC5788348.2s Page 1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TABLE OF CONTENTS EXECUTIVE SUMMARY TC5788348.2s EXECUTIVE SUMMARY 1 A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS MARLBORO CHURCH ROAD SOPHIA, NC 27350 COORDINATES 35.8422250 - 35˚ 50’ 32.01’’Latitude (North): 79.8826400 - 79˚ 52’ 57.50’’Longitude (West): Zone 17Universal Tranverse Mercator: 600909.6UTM X (Meters): 3966825.2UTM Y (Meters): 808 ft. above sea levelElevation: USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY TP Target Property: U.S. Geological SurveySource: SE Target Property: U.S. Geological SurveySource: AERIAL PHOTOGRAPHY IN THIS REPORT 20140827, 20140705Portions of Photo from: USDASource: 5788348.2s Page 2 NO MAPPED SITES FOUND MAPPED SITES SUMMARY Target Property Address: MARLBORO CHURCH ROAD SOPHIA, NC 27350 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID DATABASE ACRONYMS ELEVATION DIRECTIONSITE NAME ADDRESS EXECUTIVE SUMMARY TC5788348.2s EXECUTIVE SUMMARY 3 TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.ORPHAN SUMMARYCityEDR IDSite NameSite AddressZipDatabase(s)Count: 0 records.NO SITES FOUNDTC5788348.2s Page 9 EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.8008 0 0800 800800 760 800 760 08 00 8 0 0 800 840 8 40 800800 760800840 760 80 0840 8007607 6076 0 7 6 0 760 800840 800 8 00 800 8008 00800 800800800800 8 0 0 608 0 0 8008 00760800 80 08 008 00 8 0 0 8008 0 0 8008000 800 8007207 60 7608 0 0 760 7 60 7607208007 6 0 7207 60 76 0 7607607 6076 0 76 07 6076080 0720760 76760720 72720 76760 7 6 0 7607 2 0760 7 60 7 6 0 760760 7 6 0 7 207 2 0 7 2 0 720720 720 72 0 72072 0 7 720 7607 60 7 60 7 60 800 8 0 0 800 8 00 800 8008 00800 800 84 0800 8408 4 0 840840 840 8408 4084 0 7 60800 800 800 80 0 8 008 0 0800 8 00800 8 008 00800800 800 80 7 6 00 7607 6 0760 7 6 0 720720 EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.607 60 760 7608 007 6 0 760760 760 800 8 0 0 8408 0 0 800 800800 840800 80 0 800 800840 8008008008 0 0 800760 7 60 800800 EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc. MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list 0 NR 0 0 0 0 1.000NPL 0 NR 0 0 0 0 1.000Proposed NPL 0 NR 0 0 0 0 1.000NPL LIENS Federal Delisted NPL site list 0 NR 0 0 0 0 1.000Delisted NPL Federal CERCLIS list 0 NR NR 0 0 0 0.500FEDERAL FACILITY 0 NR NR 0 0 0 0.500SEMS Federal CERCLIS NFRAP site list 0 NR NR 0 0 0 0.500SEMS-ARCHIVE Federal RCRA CORRACTS facilities list 0 NR 0 0 0 0 1.000CORRACTS Federal RCRA non-CORRACTS TSD facilities list 0 NR NR 0 0 0 0.500RCRA-TSDF Federal RCRA generators list 0 NR NR NR 0 0 0.250RCRA-LQG 0 NR NR NR 0 0 0.250RCRA-SQG 0 NR NR NR 0 0 0.250RCRA-VSQG Federal institutional controls / engineering controls registries 0 NR NR 0 0 0 0.500LUCIS 0 NR NR 0 0 0 0.500US ENG CONTROLS 0 NR NR 0 0 0 0.500US INST CONTROL Federal ERNS list 0 NR NR NR NR 0 0.001ERNS State- and tribal - equivalent NPL 0 NR 0 0 0 0 1.000NC HSDS State- and tribal - equivalent CERCLIS 0 NR 0 0 0 0 1.000SHWS State and tribal landfill and/or solid waste disposal site lists 0 NR NR 0 0 0 0.500SWF/LF 0 NR NR 0 0 0 0.500DEBRIS 0 NR NR 0 0 0 0.500OLI 0 NR NR 0 0 0 0.500LCID TC5788348.2s Page 4 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted State and tribal leaking storage tank lists 0 NR NR 0 0 0 0.500LUST 0 NR NR 0 0 0 0.500LAST 0 NR NR 0 0 0 0.500INDIAN LUST 0 NR NR 0 0 0 0.500LUST TRUST State and tribal registered storage tank lists 0 NR NR NR 0 0 0.250FEMA UST 0 NR NR NR 0 0 0.250UST 0 NR NR NR 0 0 0.250AST 0 NR NR NR 0 0 0.250INDIAN UST State and tribal institutional control / engineering control registries 0 NR NR 0 0 0 0.500INST CONTROL State and tribal voluntary cleanup sites 0 NR NR 0 0 0 0.500INDIAN VCP 0 NR NR 0 0 0 0.500VCP State and tribal Brownfields sites 0 NR NR 0 0 0 0.500BROWNFIELDS ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 NR NR 0 0 0 0.500US BROWNFIELDS Local Lists of Landfill / Solid Waste Disposal Sites 0 NR NR 0 0 0 0.500SWRCY 0 NR NR 0 0 0 0.500HIST LF 0 NR NR 0 0 0 0.500INDIAN ODI 0 NR NR 0 0 0 0.500DEBRIS REGION 9 0 NR NR 0 0 0 0.500ODI 0 NR NR 0 0 0 0.500IHS OPEN DUMPS Local Lists of Hazardous waste / Contaminated Sites 0 NR NR NR NR 0 0.001US HIST CDL 0 NR NR NR NR 0 0.001US CDL Local Land Records 0 NR NR NR NR 0 0.001LIENS 2 Records of Emergency Release Reports 0 NR NR NR NR 0 0.001HMIRS 0 NR NR NR NR 0 0.001SPILLS 0 NR NR 0 0 0 0.500IMD TC5788348.2s Page 5 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR NR NR 0 0.001SPILLS 90 0 NR NR NR NR 0 0.001SPILLS 80 Other Ascertainable Records 0 NR NR NR 0 0 0.250RCRA NonGen / NLR 0 NR 0 0 0 0 1.000FUDS 0 NR 0 0 0 0 1.000DOD 0 NR NR 0 0 0 0.500SCRD DRYCLEANERS 0 NR NR NR NR 0 0.001US FIN ASSUR 0 NR NR NR NR 0 0.001EPA WATCH LIST 0 NR NR NR 0 0 0.2502020 COR ACTION 0 NR NR NR NR 0 0.001TSCA 0 NR NR NR NR 0 0.001TRIS 0 NR NR NR NR 0 0.001SSTS 0 NR 0 0 0 0 1.000ROD 0 NR NR NR NR 0 0.001RMP 0 NR NR NR NR 0 0.001RAATS 0 NR NR NR NR 0 0.001PRP 0 NR NR NR NR 0 0.001PADS 0 NR NR NR NR 0 0.001ICIS 0 NR NR NR NR 0 0.001FTTS 0 NR NR NR NR 0 0.001MLTS 0 NR NR NR NR 0 0.001COAL ASH DOE 0 NR NR 0 0 0 0.500COAL ASH EPA 0 NR NR NR NR 0 0.001PCB TRANSFORMER 0 NR NR NR NR 0 0.001RADINFO 0 NR NR NR NR 0 0.001HIST FTTS 0 NR NR NR NR 0 0.001DOT OPS 0 NR 0 0 0 0 1.000CONSENT 0 NR 0 0 0 0 1.000INDIAN RESERV 0 NR 0 0 0 0 1.000FUSRAP 0 NR NR 0 0 0 0.500UMTRA 0 NR NR NR NR 0 0.001LEAD SMELTERS 0 NR NR NR NR 0 0.001US AIRS 0 NR NR NR 0 0 0.250US MINES 0 NR NR NR 0 0 0.250ABANDONED MINES 0 NR NR NR NR 0 0.001FINDS 0 NR NR NR NR 0 0.001ECHO 0 NR NR NR NR 0 0.001DOCKET HWC 0 NR 0 0 0 0 1.000UXO 0 NR NR NR 0 0 0.250FUELS PROGRAM 0 NR NR NR NR 0 0.001AIRS 0 NR NR NR NR 0 0.001ASBESTOS 0 NR NR 0 0 0 0.500COAL ASH 0 NR NR NR 0 0 0.250DRYCLEANERS 0 NR NR NR NR 0 0.001Financial Assurance 0 NR NR NR NR 0 0.001NPDES 0 NR NR NR NR 0 0.001UIC 0 NR NR NR NR 0 0.001AOP 0 NR NR 0 0 0 0.500CCB 0 NR NR NR NR 0 0.001SEPT HAULERS TC5788348.2s Page 6 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR 0 0 0 0.500PCSRP EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records 0 NR 0 0 0 0 1.000EDR MGP 0 NR NR NR NR 0 0.125EDR Hist Auto 0 NR NR NR NR 0 0.125EDR Hist Cleaner EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives 0 NR NR NR NR 0 0.001RGA HWS 0 NR NR NR NR 0 0.001RGA LF 0 NR NR NR NR 0 0.001RGA LUST 0 0 0 0 0 0 0- Totals -- NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC5788348.2s Page 7 TC5788348.2s Page 8 NO SITES FOUND MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.NC AIRSAir Quality Permit ListingDepartment of Environmental Quality06/11/2019 06/12/2019 08/19/2019NC AOP Animal Operation Permits Listing Department of Environmental Quality 02/12/2019 03/15/2019 05/16/2019NC ASBESTOS ASBESTOS Department of Health & Human Services 06/10/2019 06/14/2019 08/27/2019NC AST AST Database Department of Environment and Natural Resourc 06/04/2019 06/20/2019 08/27/2019NC BROWNFIELDS Brownfields Projects Inventory Department of Environment and Natural Resourc 04/01/2019 04/03/2019 05/16/2019NC CCB Coal Ash Structural Fills (CCB) Listing Department of Environmental Quality 09/06/2018 01/09/2019 03/25/2019NC COAL ASH Coal Ash Disposal Sites Department of Environment & Natural Resources 02/25/2019 02/28/2019 05/16/2019NC DEBRIS Solid Waste Active Disaster Debris Sites Listing Department of Environmental Quality 05/03/2019 06/19/2019 08/27/2019NC DRYCLEANERS Drycleaning Sites Department of Environment & Natural Resources 05/17/2019 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All rights reserved. This material is proprietary and the subject of copyright protectionand other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subjectto the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.TC5788348.2s Page GR-4GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKINGSt AcronymFull NameGovernment AgencyGov Date Arvl. Date Active Date CORRESPONDENCE FROM NC STATE HISTORIC PRESERVATION OFFICE North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 October 14, 2019 Kim Williams Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Re: Longhorn Riparian Buffer Restoration, Marlboro Church Road, Sophia, Randolph County, ER 19-2809 Dear Ms. Williams: Thank you for your email of September 16, 2019, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory 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-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer LANDOWNER NOTIFICATION CONSERVATION EASEMENT OPTION AGREEMENT THIS AMENDMENT TO CONSERVATION EASEMENT OPTION AGREEMENT, hereinafter referred to as ("the Option"), made and entered into this 4th day of January , 2019 by and between, Christopher A. Redding and Nicole L. Redding ,(the"Grantor"), CLEARWATER MITIGATION SOLUTIONS, LLC ("CMS"), a North Carolina Limited Liability Company whose primary address is 604 Macon Place, NC 27609 and its successors and assigns (the "Grantee"). WITNESSETH WHEREAS, Grantor is the owner of certain real property located in Randolph County, containing 25.48 acres, more or less. The real property is more particularly described as follows: A tract or parcel of land identified in Deed Book 001856 Page No. 02365 and Parcel Identification Numbers (PIN), 7736822634, Randolph County Registry, (the "Property");and WHEREAS, Grantor has agreed to convey to Grantee, an exclusive right and option to acquire conservation easement rights similar to those described in the Sample Deed of Conservation Easement attached hereto as Addendum A , containing 10.32 acres, more or less, as more particularly described onthe attached Exhibit A (the "Easement Area "), over the Property in accordance with the terms of this Option; and WHEREAS, Grantee is interested in acquiring the Easement Area in order to develop a riparian buffer restoration project ("Project") over the lands covered by the Easement Area in conjunction with requests for proposals issued under the North Carolina Division of Mitigation Services within the North Carolina Department of Environmental Quality ("DEQ") WHEREAS, Lands and the rights to be acquired, within the Easement Area, are described as follows: Being a perpetual Conservation Easement that will permanently protect the restoration enhancement or preservation of property containing riparian buffers, located on the Property, in Randolph County, North Carolina. The Easement Area encompasses acreage shown in Exhibit A attached. WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, CMS hereby notifies Grantor that: (i) CMS believes the fair market value of the Easement is the purchase price, pursuant to Paragraph 4(a) together with the value of the environmental improvements to be made to the Easement by CMS in performing the Work on the Easement; and (ii) CMS does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of TWO THOUSAND DOLLARS ($2,000.00) (the "Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. OPTION PERIOD. Grantee may exercise the Option by delivering to Grantor notice thereof prior to 5:00 p.m. on January 4th 2020 (the "Original Option Period"). This Option shall be exercised upon posting, by certified mail, fax or written notice to the Grantor. Exercise shall be deemed timely if such written notice is mailed on or before the date first set forth in this paragraph. Grantee shall have the right in its sole discretion, for additional consideration of Two Thousand and 00/100 Dollars ($2,000.00) which shall be added to and become part of the total purchase and upon Grantee's delivery of notice to Grantor during the Original Option Period, to extend the Original Option Period until 5:00 p.m. on January 4th 2021 (the "Extended Option Period") (the Original Option Period and, if applicable, the Extended Option Period are collectively referred to herein as the "Option Period'). A Memorandum of Conservation Easement Option in the form attached as EXHIBIT B shall be executed by both parties simultaneously with this Option and recorded at Clearwater Mitigation Solutions, LLC sole discretion and expense in the county where the Property is located to provide record notice of this Option. AMENDED CONSERVATION EASEMENT OPTION AGREEMENT THIS AMENDMENT TO CONSERVATION EASEMENT OPTION AGREEMENT, hereinafter referred to as ("the Option"), made and entered into this 27ffi th day of August , 2019 by and between, Curtis A. Redding (the"Grantor"), CLEARWATER MITIGATION SOLUTIONS, LLC ("CMS"), a North Carolina Limited Liability Company whose primary address is 604 Macon Place, Raleigh NC 27609 and its successors and assigns (the "Grantee"). WITNESSETH WHEREAS, Grantor is the owner of certain real property located in Randolph County, containing 19.63 acres, more or less. The real property is more particularly described as follows: A tract or parcel of land identified in Deed Book 001856 Page No. 02361 and Parcel Identification Numbers (PIN), 7736817705, Randolph County Registry, (the "Property"); and WHEREAS, Grantor has agreed to convey to Grantee, an exclusive right and option to acquire conservation easement rights similar to those described in the Sample Deed of Conservation Easement attached hereto as Addendum A , containing 4.25 acres, more or less, as more particularly described on the attached Exhibit A (the "Easement Area"), over the Property in accordance with the terms of this Option; and WHEREAS, Grantee is interested in acquiring the Easement Area in order to develop a riparian buffer restoration project ("Project") over the lands covered by the Easement Area in conjunction with requests for proposals issued under the North Carolina Division of Mitigation Services within the North Carolina Department of Environmental Quality ("DEQ") WHEREAS, Lands and the rights to be acquired, within the Easement Area, are described as follows: Being a perpetual Conservation Easement that will permanently protect the restoration enhancement or preservation of property containing riparian buffers, located on the Property, in Randolph County, North Carolina. The Easement Area encompasses acreage shown in Exhibit A attached. WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, CMS hereby notifies Grantor that: (i) CMS believes the fair market value of the Easement is the purchase price, pursuant to Paragraph 4(a) together with the value of the environmental improvements to be made to the Easement by CMS in performing the Work on the Easement; and (ii) CMS does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of ONE HUNDRED DOLLARS ($100.00) (the "Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. OPTION PERIOD. Grantee may exercise the Option by delivering to Grantor notice thereof prior to 5:00 p.m. on March 31 s12020 (the "Original Option Period"). This Option shall be exercised upon posting, by certified mail, fax or written notice to the Grantor. Exercise shall be deemed timely if such written notice is mailed on or before the date first set forth in this paragraph. Grantee shall have the right in its sole discretion, for additional consideration of One Hundred and 00/100 Dollars ($100.00) which shall be added to and become part of the total purchase. A Memorandum of Conservation Easement Option in the form attached as EXHIBIT B shall be executed by both parties simultaneously with this Option and recorded at Clearwater Mitigation Solutions, LLC sole discretion and expense in the county where the Property is located to provide record notice of this Option. SPECIES CONCLUSION TABLE, SELF-CERTIFICATION LETTER, & CORRESPONDENCE WITH US FISH & WILDLIFE SERVICE Species Conclusions Table Project Name: Longhorn Riparian Buffer Mitigation Site Date: 09/18/2019 )ecies / Resource Name I Conclusion l ESA Section 7 / Eaqle Act Determination Bald Eagle (Haliaeetus leucocephalus) Schweinitz's Sunflower (Helianthus schweinitzii) Northern Long -Eared Bat Critical Habitat Unlikely to disturb nesting No Effect bald eagles No suitable habitat present No Effect within project area i Suitable habitat present No Effect No critical habitat present No Effect within project area Acknowledgement: I agree that the above information about my proposed project is true informed decision about impacts in the immediate and surrounding areas. Signature /Title Notes / Documentation Per the NC NHP database review, there are no known bald eagle nests within one mile of the site. Habitat assessment performed by LMG indicates that the site does not provide suitable habitat for species. The site is mostly maintained pasture, No tree cutting or removal is proposed. used all of the provided resources to make an r� iY ? of Date Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date:__________________________ Self-Certification Letter Project Name______________________________ Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, not likely to adversely affect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, likely to adversely affect” determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; “no Eagle Act permit required” determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the “no effect” or “not likely to adversely affect” determinations for proposed and listed species and proposed and designated critical habitat; the “may affect” determination for Northern long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package 11/6/2019 The Davey Tree Expert Company Mail - Re: [EXTERNAL] Re: On-line project review request letter; Longhorn Riparian Buffer Mitigation S… https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-a%3Ar1933603825968521083%7Cmsg-f%3A1648999718883…1/3 Williams, Kimberlee <kwilliams@lmgroup.net> Re: [EXTERNAL] Re: On-line project review request letter; Longhorn Riparian Buffer Mitigation Site; Randoph County 1 message Matthews, Kathryn <kathryn_matthews@fws.gov>Fri, Nov 1, 2019 at 7:44 AM To: "Williams, Kim" <kwilliams@lmgroup.net> Cc: "Mann, Leigh" <leigh_mann@fws.gov> Hi Kim, The Service does not have any additional comments or concerns under MBTA. Since you submitted a letter under our self-certification process, hopefully the letter at the end of the process will do for you. However, if you need anything else, please let me know. Thanks, Kathy On Thu, Oct 31, 2019 at 1:37 PM Williams, Kim <kwilliams@lmgroup.net> wrote: Hi Leigh We are required to complete a Categorical Exclusion document for DMS to ensure compliance with federal environmental laws and regulations. One of the questions the document asks is: 1. Does the USFWS have any recommenda 11/6/2019 The Davey Tree Expert Company Mail - Re: [EXTERNAL] Re: On-line project review request letter; Longhorn Riparian Buffer Mitigation S… https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-a%3Ar1933603825968521083%7Cmsg-f%3A1648999718883…2/3 Kathy reviewed this project as submitted as a self certification packet and agreed with the information you provided. So the self certification letter would be your record. Can please explain what information you are looking for in regards to migratory birds? Respectfully, Leigh Mann Office Automation USFWS Raleigh ES FO 551-F Pylon Drive Raleigh, NC 27606 Office: 1-919-856-4520 ext. 10 Fax: 1-919-856-4556 leigh_mann@fws.gov NOTE: This email correspondence and any attachments to and from this sender is subject to the Freedom of Information Act (FOIA) and may be disclosed to third parties. On Thu, Oct 31, 2019 at 12:36 PM Williams, Kim <kwilliams@lmgroup.net> wrote: Hello- I wanted to check in with you regarding the information we provided on the Longhorn Riparian Buffer Mitigation site in September. Do you expect to issue a concurrence letter, or because we submitted a self-certify letter, are we good to go? Also, is there someone I can contact to find out if the Service has any recommendations regarding migratory birds? Thanks! Kim Kim Williams | Environmental Scientist Land Management Group | Environmental Consultants Direct: 910-452-0001 x 1908 | Cell: 910.471.5035 | Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 | Wilmington, NC 28403 Email: kwilliams@lmgroup.net | Website: www.lmgroup.net On Thu, Sep 19, 2019 at 10:59 AM Williams, Kim <kwilliams@lmgroup.net> wrote: Hello- Clearwater Mitigation Solutions, LLC (CMS) and Land Management Group (LMG) plan to provide a full-delivery riparian buffer mitigation project known as the Longhorn Riparian Buffer Mitigation Site, for NC Division of Mitigation Services. The 45-acre project site is located in Randolph County, north of Marlboro Church Road and approximately 1.5 miles northwest of the Town of Sophia, NC. The project involves planting a riparian buffer adjacent to stream channels and a pond. Additionally, cattle will be excluded from the pond. Some site disking and the replacement of an existing outlet structure may also be performed. As part of the environmental screening of the site, LMG evaluated the site and it is our opinion that it does not provide suitable habitat for the federally-protected species identified in the IPaC review. Attached is a summary of our findings, maps, site photos, a species conclusion table, and a self-certification letter. Note that we are preparing a Categorical Exclusion document for the project. One section of the document requests USFWS input regarding the MBTA. Please let me know if your office has any recommendations regarding migratory birds. Please let us know if you need any additional information. Thanks! 11/6/2019 The Davey Tree Expert Company Mail - Re: [EXTERNAL] Re: On-line project review request letter; Longhorn Riparian Buffer Mitigation S… https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-a%3Ar1933603825968521083%7Cmsg-f%3A1648999718883…3/3 Kim Williams Kim Williams | Environmental Scientist Land Management Group | Environmental Consultants Direct: 910-452-0001 x 1908 | Cell: 910.471.5035 | Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 | Wilmington, NC 28403 Email: kwilliams@lmgroup.net | Website: www.lmgroup.net -- Kathy Matthews Fish and Wildlife Biologist Raleigh Ecological Services U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 Phone 919-856-4520 x27 Email kathryn_matthews@fws.gov FORM AD-1006 & CORRESPONDENCE WITH NATURAL RESOURCES CONSERVATION SERVICE U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request Name of Project Federal Agency Involved Proposed Land Use County and State PART II (To be completed by NRCS) Date Request Received By NRCS Person Completing Form: Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES NO Acres Irrigated Average Farm Size Major Crop(s) Farmable Land In Govt. Jurisdiction Acres: % Amount of Farmland As Defined in FPPA Acres: % Name of Land Evaluation System Used Name of State or Local Site Assessment System Date Land Evaluation Returned by NRCS Alternative Site Rating PART III (To be completed by Federal Agency) Site A Site B Site C Site D A. Total Acres To Be Converted Directly B. Total Acres To Be Converted Indirectly C. Total Acres In Site PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland B. Total Acres Statewide Important or Local Important Farmland C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted (Scale of 0 to 100 Points) PART VI (To be completed by Federal Agency) Site Assessment Criteria (Criteria are explained in 7 CFR 658.5 b. For Corridor project use form NRCS-CPA-106) Maximum Points Site A Site B Site C Site D 1. Area In Non-urban Use (15) 2. Perimeter In Non-urban Use (10) 3. Percent Of Site Being Farmed (20) 4. Protection Provided By State and Local Government (20) 5. Distance From Urban Built-up Area (15) 6. Distance To Urban Support Services (15) 7. Size Of Present Farm Unit Compared To Average (10) 8. Creation Of Non-farmable Farmland (10) 9. Availability Of Farm Support Services (5) 10. On-Farm Investments (20) 11. Effects Of Conversion On Farm Support Services (10) 12. Compatibility With Existing Agricultural Use (10) TOTAL SITE ASSESSMENT POINTS 160 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 Total Site Assessment (From Part VI above or local site assessment) 160 TOTAL POINTS (Total of above 2 lines) 260 Site Selected: Date Of Selection Was A Local Site Assessment Used? YES NO Reason For Selection: Name of Federal agency representative completing this form: Date: (See Instructions on reverse side) Form AD-1006 (03-02) STEPS IN THE PROCESSING THE FARMLAND AND CONVERSION IMPACT RATING FORM Step 1 - Federal agencies (or Federally funded projects) involved in proposed projects that may convert farmland, as defined in the Farmland Protection Policy Act (FPPA) to nonagricultural uses, will initially complete Parts I and III of the form. For Corridor type projects, the Federal agency shall use form NRCS-CPA-106 in place of form AD-1006. The Land Evaluation and Site Assessment (LESA) process may also be accessed by visiting the FPPA website, http://fppa.nrcs.usda.gov/lesa/. Step 2 - Originator (Federal Agency) will send one original copy of the form together with appropriate scaled maps indicating location(s)of project site(s), to the Natural Resources Conservation Service (NRCS) local Field Office or USDA Service Center and retain a copy for their files. (NRCS has offices in most counties in the U.S. The USDA Office Information Locator may be found at http://offices.usda.gov/scripts/ndISAPI.dll/oip_public/USA_map, or the offices can usually be found in the Phone Book under U.S. Government, Department of Agriculture. A list of field offices is available from the NRCS State Conservationist and State Office in each State.) Step 3 - NRCS will, within 10 working days after receipt of the completed form, make a determination as to whether the site(s) of the proposed project contains prime, unique, statewide or local important farmland. (When a site visit or land evaluation system design is needed, NRCS will respond within 30 working days. Step 4 - For sites where farmland covered by the FPPA will be converted by the proposed project, NRCS will complete Parts II, IV and V of the form. Step 5 - NRCS will return the original copy of the form to the Federal agency involved in the project, and retain a file copy for NRCS records. Step 6 - The Federal agency involved in the proposed project will complete Parts VI and VII of the form and return the form with the final selected site to the servicing NRCS office. Step 7 - The Federal agency providing financial or technical assistance to the proposed project will make a determination as to whether the proposed conversion is consistent with the FPPA. INSTRUCTIONS FOR COMPLETING THE FARMLAND CONVERSION IMPACT RATING FORM (For Federal Agency) Part I: When completing the "County and State" questions, list all the local governments that are responsible for local land use controls where site(s) are to be evaluated. Part III: When completing item B (Total Acres To Be Converted Indirectly), include the following: 1. Acres not being directly converted but that would no longer be capable of being farmed after the conversion, because the conversion would restrict access to them or other major change in the ability to use the land for agriculture. 2. Acres planned to receive services from an infrastructure project as indicated in the project justification (e.g. highways, utilities planned build out capacity) that will cause a direct conversion. Part VI: Do not complete Part VI using the standard format if a State or Local site assessment is used. With local and NRCS assistance, use the local Land Evaluation and Site Assessment (LESA). 1. Assign the maximum points for each site assessment criterion as shown in § 658.5(b) of CFR. In cases of corridor-type project such as transportation, power line and flood control, criteria #5 and #6 will not apply and will, be weighted zero, however, criterion #8 will be weighed a maximum of 25 points and criterion #11 a maximum of 25 points. 2. Federal agencies may assign relative weights among the 12 site assessment criteria other than those shown on the FPPA rule after submitting individual agency FPPA policy for review and comment to NRCS. In all cases where other weights are assigned, relative adjustments must be made to maintain the maximum total points at 160. For project sites where the total points equal or exceed 160, consider alternative actions, as appropriate, that could reduce adverse impacts (e.g. Alternative Sites, Modifications or Mitigation). Part VII: In computing the "Total Site Assessment Points" where a State or local site assessment is used and the total maximum number of points is other than 160, convert the site assessment points to a base of 160. Example: if the Site Assessment maximum is 200 points, and the alternative Site "A" is rated 180 points: For assistance in completing this form or FPPA process, contact the local NRCS Field Office or USDA Service Center. NRCS employees, consult the FPPA Manual and/or policy for additional instructions to complete the AD-1006 form. Total points assigned Site A 180 Maximum points possible 200 =X 160 = 144 points for Site A 11/8/2019 The Davey Tree Expert Company Mail - Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-f%3A1645048445298843329%7Cmsg-f%3A16496543254149…1/7 Williams, Kimberlee <kwilliams@lmgroup.net> Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County 1 message Kevin Yates <clearwatermitigation@gmail.com>Fri, Nov 8, 2019 at 12:13 PM To: "Williams, Kimberlee" <kwilliams@lmgroup.net> Kim, see attached....but better yet see Milton's opinion on this exercise. We are good go with Form AD1006 and can include with our CE. Thanks! KY Kevin Yates Clearwater Mitigation Solutions 919-624-6901 ---------- Forwarded message --------- From: Cortes, Milton - NRCS, Raleigh, NC <milton.cortes@usda.gov> Date: Fri, Nov 8, 2019 at 11:45 AM Subject: RE: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County To: Kevin Yates <clearwatermitigation@gmail.com> Kevin: I would say yes. But that is basically an opinion that FHWA should agree on, which is the Federal agency involved. In the other hand In the other hand, this is a restoration project in which Native Trees Species will be planted. I do not understand why an AD1006 evaluation is required. Honestly, I run evaluations all the time for restoration projects and it does not make any sense to me. The area will not be planted with “concrete, asphalt, neither buildings” It is a restoration project. But that is just my humble opinion. If I can be of further assistance [lease let me know. Have a great week end. Milton Cortes USDA NRCS Raleigh, NC Desk: 919-873-2171 Cell: 984-365-2201 11/8/2019 The Davey Tree Expert Company Mail - Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-f%3A1645048445298843329%7Cmsg-f%3A16496543254149…2/7 From: Kevin Yates <clearwatermitigation@gmail.com> Sent: Friday, November 8, 2019 11:36 AM To: Cortes, Milton - NRCS, Raleigh, NC <milton.cortes@usda.gov> Subject: Re: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County Hey Milton, Per the attached Form AD1006, we have chosen Site A and consider it to be in compliance with FPPA, would you concur with this determination? Thanks, Kevin Kevin Yates Clearwater Mi 11/8/2019 The Davey Tree Expert Company Mail - Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-f%3A1645048445298843329%7Cmsg-f%3A16496543254149…3/7 Raleigh, NC Desk: 919-873-2171 Cell: 984-365-2201 From: Kevin Yates <clearwatermitigation@gmail.com> Sent: Wednesday, November 6, 2019 4:51 PM To: Cortes, Milton - NRCS, Raleigh, NC <milton.cortes@usda.gov> Cc: Williams, Kimberlee <kwilliams@lmgroup.net> Subject: Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County Hey Milton, It appears that you filled out part 6, but do we need to still fill this out and add up points to complete step 7? Or have we fulfilled and are consistent with the FPPA? Thanks for your help with this, Kevin Kevin Yates Clearwater Mi 11/8/2019 The Davey Tree Expert Company Mail - Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-f%3A1645048445298843329%7Cmsg-f%3A16496543254149…4/7 Best Regards; Milton Cortes State Soil Scientist USDA NRCS 4407 Bland Rd., Suite 117 Raleigh, NC 27609 Desk: 919-873-2171 Cell: 984-365-2201 From: Kevin Yates <clearwatermitigation@gmail.com> Sent: Tuesday, October 29, 2019 10:52 AM To: Cortes, Milton - NRCS, Raleigh, NC <milton.cortes@usda.gov> Subject: Re: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County Thank You! Kevin Yates Clearwater Mi 11/8/2019 The Davey Tree Expert Company Mail - Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-f%3A1645048445298843329%7Cmsg-f%3A16496543254149…5/7 From: Kevin Yates <clearwatermitigation@gmail.com> Sent: Tuesday, October 29, 2019 10:38 AM To: Cortes, Milton - NRCS, Raleigh, NC <milton.cortes@usda.gov> Subject: Re: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County Hey Milton, Just checking to see if you were able to perform the prime and unique farmland analysis for the longhorn site? Thanks, Kevin Kevin Yates Clearwater Mi 11/8/2019 The Davey Tree Expert Company Mail - Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-f%3A1645048445298843329%7Cmsg-f%3A16496543254149…6/7 In order to process the AD1006 I will need either, a soils map with acres inventory of the area that will be affected or a shape file so I may create the soils map and acres inventory. Please see the attached instructions so you may have an idea of what I need. Thanks Milton Cortes State Soil Scientist USDA NRCS 4407 Bland Rd., Suite 117 Raleigh, NC 27609 Desk: 919-873-2171 Cell: 984-365-2201 From: Kevin Yates <clearwatermitigation@gmail.com> Sent: Wednesday, September 18, 2019 5:02 PM To: Cortes, Milton - NRCS, Raleigh, NC <milton.cortes@usda.gov> Cc: Williams, Kimberlee <kwilliams@lmgroup.net>; Wes Fryar <wfryar@lmgroup.net> Subject: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County Hey Milton, We have another riparian buffer restoration project in Randolph County, which is conversion of cow pasture /hay to planted native hardwood species and need to conduct a farmland conversion impact rating form. The project site is located is located at 2546 Marlboro Church Rd., Sophia, NC 27350 in Randolph County. The area to be converted is approximately 14.24-acres currently in cow pasture with no row crops. Attached is a vicinity map and easement area map for the site, soils map, and pictures of the project area for your reference. Let me know if you need any shapefiles or have any questions. Thanks, Kevin Kevin Yates Clearwater Mi 11/8/2019 The Davey Tree Expert Company Mail - Fwd: Form AD-1006 (Longhorn Buffer Restoration Project ) Randolph County https://mail.google.com/mail/u/0?ik=5f499cd1a1&view=pt&search=all&permthid=thread-f%3A1645048445298843329%7Cmsg-f%3A16496543254149…7/7 This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately. 2019-11-08 _Longhorn_Buffer Site_Randolph Co._AD1006-Prime and Unique Farmland.pdf 195K Soil Map—Randolph County, North Carolina (Longhorn Conservation Easement) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/15/2019 Page 1 of 33966720396679039668603966930396700039670703967140396721039667203966790396686039669303967000396707039671403967210600690600760600830600900600970601040 600690 600760 600830 600900 600970 601040 601110 35° 50' 39'' N 79° 53' 6'' W35° 50' 39'' N79° 52' 49'' W35° 50' 20'' N 79° 53' 6'' W35° 50' 20'' N 79° 52' 49'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 100 200 400 600Feet 0 40 80 160 240Meters Map Scale: 1:2,750 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Randolph County, North Carolina Survey Area Data: Version 24, Sep 16, 2019 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: May 19, 2015—Oct 16, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Randolph County, North Carolina (Longhorn Conservation Easement) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/15/2019 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI MeB2 Mecklenburg clay loam, 2 to 8 percent slopes, moderately eroded 1.9 9.8% W Water 5.2 27.5% WtC Wynott-Enon complex, 8 to 15 percent slopes 11.9 62.7% Totals for Area of Interest 18.9 100.0% Soil Map—Randolph County, North Carolina Longhorn Conservation Easement Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 10/15/2019 Page 3 of 3 Longhorn Riparian Buffer Mitigation Site – Mitigation Plan DMS ID No. 100114 APPENDIX F.  SEDIMENT AND EROSION CONTROL PLAN  ROY COOPER Governor MICHAEL S. REGAN Secretary Brian Wrenn Acting Director wx NORTH CAROLINA Enviroru vadQuality February 17, 2020 LETTER OF APPROVAL Clearwater Mitigation Solutions, LLC Joseph Kevin Yates, Principal 604 Macon Place Raleigh, NC 27609 RE: Project Name: Longhorn Mitigation Site Project ID: RANDO-2020-010 Total Acres: 13.41 County: Randolph River Basin: Cape Fear Project Location: Marlboro Church Rd - Sophia Submitted By: McAdams Company Date Received by LQS: February 13, 2020 Plan Type: Commercial — Express —New Dear Sir or Madam, This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan shall expire three (3) years following the date of approval, if no land disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $100 annual permit fee. After the fee is received, you will receive the COC via email. You MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the eNOI form to Annette Lucas at Annette.lucas cdem.gov or Paul Clark at Paul-clarkncdenrjzov. If the owner/operator of this project changes in the future, the new responsible party is required to apply for his/her own COC. ,9AWNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 300 1 Winston-Salem, Nonth Carolina 27105 336-776-9800 Title 15A NCAC 4B .O118(a) and the NCGO1 permit require that the following documentation be kept on file at the job site: I. The approved E&SC plan as well as any approved deviation. 2. The NCGO1 permit and the CQC, once it is received. 3. Records of inspections made during the previous 12 months. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land - disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, colt St Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval NCGOI Fact Sheet cc: McAdams Company 2905 Meridian pkwy Durham, NC 27713 LONGHORN MITIGATION SITE 2546 MARLBORO CHURCH, RD GENERAL NOTES: A-L DIMENSIONS AND GRADES 5HO15'N OI: THE PIANS SHALL BE FIELD VERIFIEC BY THE CON I FACTOR PHIm TO CONST OM-N CONTRACTOR 5NAA NO NFY I NF AN OWN rR IF Y D SCREPANCIES EXIST PRIGR'C PROCEEDING WITH CONSTRL C ION FOR NfCE.SSAAY P_AN ORGRADECIIANGES NO EIITRA COMPENSATION SHALL BE PAID Tonic CCNfRACMR FOR ANY WORK DONE DUE TO DIMENSIONS OR GRADES SHOWN INCORRECTLY ON THESE PLANS I= SUCH NOTIFICATION IIM NOT BEEN GIVILk S ERE MAY BE VlETlANDS WITHIN THIS SITL RIS TXE OW'NER'S RESPONSIBILITY FOR WETLANDS HER NOICTION AID PERMIT Is FE RBANCE PRIOR TO ANY GRADING Ar.TIVITY. 3 ALL NECESSARY PERMIT SJNOTI..""UAS WILL BE OBTAINED FROM THE ITS ARMY DORM OF ENGINEERS, NC DIBA". OF WATER PESOURCiS, AND RANDOIPH COUNTY PRIOR TO DISTURBANCE Or ANY NURISDICTIONAL WET WJD/STREAM OR CONSTRUCTION 3. ANYCONFUCISON IHLPLANS,U-11DR, ETC SHALL BE BROUGHT TO THE ATTFIITION OF THE DESIGN ENGINEER PRI09 TO CONSTRUCTION 5 THIS PLAN 15 FOR THE MOUIFILY-N OF THE OUTLET DEVICE Or TILL EXISTING POND AND DE5IGN OF THE OUT LETCNANNfL I.1(AOAMS ASSUMES NO UABILTIY FOR THE PREVIOUS COIS1RLICTION OF T IEO FAUT THLSMOUI;ICATIONDESICN SBASTDONTIIEBESI AVAILABLE INFORMATION FORTHE FAUUT', N THE CONTRACTOR SHAI L FU RNISH, INSIAL40PEfATF, AND MANNTMN ANY PUMPING OR REWATERING Co. ""EIT, ETC NEEDED FOR REMOVAL OF WATER "ROM VM OJS PAAIS OF Tnr PROJECT LONSHOERON AREA 7, AN' NAME BRANDS OR SPECIFIC P (CUCIS SHOWN ON THE CONSTRUCTION DOCUMENTS CAN BE SIIBST, UI E D WIT AN ENGINEER-APPROIT1MRJAL 5HOPUNANBNG$,UCSGN% CUT SHELTS OR ANY OTHER AVABARLC INFORMAT ION I OR AN' SUBSTmm 0N5 SHALL BC SUBMTED TO TIF ENGNECR Mh REVIEW PRIOR 10 ANY CHANGFS R THE CONTRACTOR AND O'A'NEP. SHALL ME I DVl Al CU RRCNT 05EA GUI DEUNES OLRWG LONSTRUCTION 9 Al GW ESMIOLVNONTHEPLAN5ARFFINISXGRAOFR ANi CHANGL510THEGRADING OR ACCOMMODATIONS FOR TOPSOIL ARE TIC RESPONSIBILITY OF THE CONTRACTOR GENERAL CONSTRUCTION SEQUENCE: 1 -HE OWNER SHALL OBTAIN ALIAPPROPRIATE PERMITS/NOTIFl[ATICNS FROM TI IE NORTH EAROINA DIVISION OF WATER RESOURCFSjL S ARMY CORM OF ENGINEERS PRIOR TO EL1L35TROMON, THE COIRACTOR SHALL KEEP CO PIES OF ALL APPLICABLE PERMITS ON -SITE Dun—ff IFICFI-1 1. INSTALLALL SEDIMENT AND ERCSION COHTP.OL MEASURES PER THE SEDIMENT.. FRMICN CCRmOt LAN CLEARINGONFYT—Rr.AS Nf[ESSMYIUP.INSTALLADON OF THESE MIT A rS SHE CONTRACTOR SHALL FAA HTA W ALL APPROVED SE DRAE NT AND EROSION COMflO_ MEASURES TI IRCUGImU'T I HE ENTIRE PROIECT, AS REQUMfO 3 FOLLOWINGOR IN CONIUNCTION WITH CLEARNG AND STRI-PING OPERAT ON5, RUNOIf—RD FME EXISTING DRAINAGE FEATURE SHOULD BE DIVERTED ARO'-111E CONSTRUCTION AREA THEPHASING RESPONNID SEQUENCE OF IH E CONTRACTOR, ON RAC OF TIC SEDIMENT AND EHUSIUN CONTROL SEDIMENT R FROM Tr'C THEITTSANDPOFTHECONTFAATT THECITNNIACTORMUST PREVENTOUGHFNTWONTAm NG TEE NEEDED, ANDPROVe? LIMPING OF TENT POM ILIAM NFL WILLBTHROUPREDR MHK WORK N AREA- L IS Nd RM. f LIMPING OF DAY FFKRNVfI M FLOWS WILL BE SAFE WORK WONT TTE'ENTA AREA IT U INL EQUIPMENT FI5 M FL of FLOODING DAMAGE OR 101'PAVIDE A SMf WORK F VVIRONMENTANO PROTER EQUIPMENT FROM FLOUphG DAMAGE OR LOSS STATEMENT OF RESPONSIBILITY: 1 NLOUI RED.NAINTENANCE AND INSPECTIONS OF THIS FACILITY SHALL BE TIFF RESPONSIBILITY Cf THE CVnIL. VICINITY MAP N.T.S. SOPHIA, NC 27350 EROSION CONTROL DRAWINGS DISTURBED AREA= 13 41 AC. SHOLIND:STABILIZATION SCHEDULE srtE AREA DES[RlvigN V 2JDnmESA- IDAY3 XDNE S IGH OKN FY WATER R" .• IH9W1>mlfs E - LONSSTCCP09TIU.N I\�FOrr IC', SC SDA"SARLALLDWED PROJECT NUMBER: CLW-18000 DATE: FEBRUARY 13, 2020 PROPERTY OWNER: CURTIS A. REDDING 2456 MARLBORO CHURCH RD SOPHIA, NORTH CAROLINA 27350 PIN: 7736817705 CHRISTOPHER A. REDDING PIN: 7736817705 SHEET INDEX C1.00 EXISTING CONDITIONS AND DEMO PLAN C3.00 GRADING AND DRAINAGE PLAN C6.00 EROSION CONTROL NOTES C6.01 EROSION CONTROL OVERALL PLAN C6-02 EROSION CONTROL PLAN - AREA IA' C6.03 EROSION CONTROL PLAN - AREA'B' C8.00 SITE DETAILS C8.01 SITE DETAILS 317E DATA TABLE REDtiKM1 4NA RNT B ti WAFNNHD aINS1EAIENUN � aar IFAe 11 0 CONTRACTOR SHALL NOTIFY-NC811• (811) OR (1.600-632-4949) AT LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION OR EXCAVATION TO HAVE IXISTING UTILITIES LOCATED. below. SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE Know wha r8 below. THEIR OWN LOCATOR SERVICES INDEPENDENT OF'NC61 V Cell before you dig. REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY. PREI IM WARY DRAWING, -H01 RCLEASL0IGR WN57MA 'J MCADA Zvi S The John McAdams COmpanV, Inc 2WS Meridian Par Kwoy Durham, NC 27713 phone 919 361. 5000 fax 919 361 2269 license number: C-0293, C-187 W W W mcadRMSCD co CONTACT REBECCA'TUBBS, PE rstu bbS@ rF.daFF...CDm PHONE: 919 361 50M CLIENT CLEARWATER MITIGATION SOLUTIONS PHONE:919 620 G901 C1 EAR 6 ATER ,10J1G1 770\' SOLLT7o % IL REVISIONS -T w EROSION CONTROL DRAWINGS FOR: LONGHORN MITIGATION SITE SOPHIA, NC 27350 PROJECT NUMBER: CLW-19000 �. —.^ � — .' EXISTING CONDITION NOTES: r urwRAri9L unlnrwlGnno�sv r.n=nhGww�u°w*.: T°Trr1T IYYIRRnwl nlrvnAM Irrnnaxn�n.�nrsnurnwn wrn _ _ — +pw+rmrrxvcvr2Rrs�cRuwrrwrs•. , J. alovlwl.tO+uYAURrC NORA•'17kWdSYf[cne/H1f.�rNMf1°W41r�LWnT'!6N • r �- �— l ` J "JI191•I Al w%5. KPTiKC101Y.v III rRI°C Trwl.l le[Awma mi AI MA11 nWIIRU R KC TMI RTAr 0 . N ; R / I 1 1 r� .. '- -� 1 DE MO LI TION. NOTE 5: ' 1 AC<akq x(s Vnlll•ACr�,/"uI LI"v,rrNr[U, n InUM11RW Ii°s+r VIM KCO1 IlG Ip AlKiMS ANTA•MNG NAnrrvs"rlm. IUCpAHAtRRy FrLI.p.AI IIWL [4Wn•IgrN. IMt10!1M nW;5 rM 010NW KOBNWCRa&A AT)ETry GUGIWAIACtAlrYRI'P+SMSr01 WINCNw. Ak FIpANI1GApGMA nlwN [ Asrlsi{N{,YW rrlYM YATIR'RtA IIXMpIG RIWIF iN " NQI" 4r'.I[RR0.N4(I nY11 �rFRr / rH.LNllW ulv,'p11rY1rrMNf M Gh' NRG ua6lIW,{f(1N1�1•AGW 1f CG 11RrtA N Rr c TA 0AIC111r,N 11 R rYWJ-K Wk9R IIW Iyr1J hIn ML 11 I M QIVARTN 0trµ nIAiTH AAW*j�,IR YR11 J. M4 MAIL IGY mw&AgoseuM.aWhdalaw I Al 16A%D0mtp of AT A ft4a11•DNI, rllA(cm&N lV,TIR&LI oc L SiAif An ImRN LA'AS j RI'DRiNG; ICHIt15 HER T, I` a � EXISTING CONDITIONS LEGEND 04323i�5I � - k• ___-,�._e_ lv�rs a GsvwauJx ` P. K M7 P,i . ■ . RECOING. CURTIS A 1 rxsrw: ccnluAn )4•8 / !-- " PIN: 773692T500 GalL+SS, L'. G2363 • . I—.—.— cwAYAn7G 1 wwBT PRO°[Rrr LPE 1 1 ' �:. P.B. 87. P,G, 47 12.00 AC ` ` rTISIMG rrinnRAT I. DEMOLITION PLAN LEGEND I! 1 l••3 , 1 +71.�...--.�.— •rJ1�.1R.e -G BE 3sucrcn ass. � 1�. � °7'^� , � -•' l • Know what's below. Call before you dig. CONTRACTOR SHALL NOTIFY'NC811- (811) OR (14100-6324949) AT �- \ - , , LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED. CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE 1\ THEIR OWN LOCATOR SERVICES INDEPENDENT OF'NC811'. �' REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY_ EXISTING POND i :F�.I.r..: !1 = 4 77 �k. ~` REODINC, C6RTjS A 2546 1,1ARLRORO C-IURCN ROAD f Pik: 77361817'1:}5 I I ❑A 00859' F.G- 02361 P.O. 87. a'r.47 _ l; - 10-85 AC !I L I y—�-<•%r—vim ►`-"`ems-f•,f�.-{..�-/�"'�'t-�� __ MARLB(]iOC�IIt RC1{.ROAQ - d C�r7 GpAnnr. sLn1L i r¢�•rvil MCADAMS The Jahn R. McAdams Company, Inc 2905 Merldlan Parkway Durham, NC 27713 111;— 919 36L 5000 ax 919. 361" 2269 license number: C-0293, G787 —mcadamscp-wm CLIENT CLEARWATER MITIGATION SOLUTIONS PIIONE:919 624.6901 C'LP4RWA7ER MITIGATION SOLUTIONS W ZU-) 0Z� Q� �o=� V �S z 0" � m 2 U�rs ZZ)a° Z In = O"' X U O J PLAN INFORMATION PROJECT NO CLW-18000 FILENAME CLW1B000 XCI CHECKED BY RAS ❑"AWN BY RAS SCALE 1"=MY UAIE 02-11 2020 SHEET EXISTING CONDITIONS AND DEMOLITION PLAN C1.00 COPI5TR"flON �A � GRADING LEGEND ,' C4 FIAIf`_D END SEGTgY 25060 WAR5109 VPNL WCl� {■ \ x0.Kll1 EONTOOR a. • 1 •1 L 5 5 9 'i J r*�r 252 NO. o....... \ � , • � - .1 'y -� •: I \ � - '• ' i JMIFS OF CISNiBk.CE CONfG116 _ JE\ CONSEWATON-ASEMENT +PftnGED LOCaREIN CF �'• 1 • \ , C I1" • • - . 1 a" ♦♦ ner Ic111.•u+EL (Y[ o-2 1t Et sa I k Pgne A G flit - 1 mrm.acn m r..wr � rFrx,ws FEULuer AIR ! 1p IE2 IN , EL _ 'El NUPE • 6�- .TVTS OF OS:VRBANCE- -� HCPC CEI IIV F. - Tf5 is I1FdIPA1�YGFb 14f-1Y a-'. �l 4} ��p���'�"'\ '• 1 - ' '�> . - ��r Ems.-.,' R,�,_.-�L�{,,. _����d1� �1 RAN aA 1W cP-oeu r,R NIRI / •'A TL'�il. _ — - GRADING AND DRAINAGE NOTES: ti •- CL.^- L - ¢ '='l��i - N — Y a-'° --Y �_ �n - - - = •_. T, LID ._ ` 1 IML All Dl4AILCOHDPEIIPEISTDBEAMN-12m FE Ikrm APPRLIVEDE]Ilk'ALFMANDINSTALLEDPERMtF FACTUREPI SI40HU... I .- ,F.f-- :�`�,��� .T?; . _-_. . .A _ _ _ ] PROPMFO NDPF-To RE MS OR FNF.IN-FR AWROAD- UIVAItMAN3 DRIEALMD PERMMUFA[rIMFR 55PFOFIC1 t�� �-'�-+ rye-I�Tj+_ �`,,.�"a s3. ;;;s:-�-;��-.-�,• ^"� -M�+Y Y BERM AND SOIL COMPACTION SPECIFICATIONS: �'-'�� �:-max �•? ��r..fE '�} [~ �r L �µ4 1. P 110 CLNAIIIUL*1CYiLlM1NS AVAEVAS FW' TML NYUINE6 IMAM F WiSl•MN WN 00111 PVT RE04NT 0,WWM WORKOUTLDE OF UPATEDON OWE SIRURURF ODYSTRURION ALTNlrlfS WOUm RF IIMITm TO Wf ARFASOF PLAINS OLATIROM60CSIGNAlE00N THEY PUNS E�i I 3 ALL MAIEWAL TO BE PIA[ED AND COMPMIEC WITHIk nAM FMMR9xMEHFS.iYMLL ANDft FORNOMVR�OSmM5[SWTI1TMAP5,Ct 1 S MRU Y A Cl1 M1 •A lIN DA.uw­ N I 9 �l B PG[IOR OT ICIOI N IIIIL ILI NL IN IICN TD ASSCDSSCVOJN;THERNS ITABBLE BIEARINIG COANDI IIOIf 5VFAY SY5 EXIST AT I HE SUAIGRA E LEVELNSHoULD 5011 ON OTi L-15L UN5UIIARLC CUNDITIONS BE ENCOUNTENEU MONG T-E PIPE ALIGNMENTS. THEE IAATEAIAU SHGLLD BF UNDFKCU I. I HE UNUERC'J I MAI EN ALS SHRILL RE REPLACED W OH AD EDUATELY COMPACTED STRUCTURAL FILL CONTRACTOR SHALL NOT USE GRAVEL MATFRML A55UBGFAOC FOR SPILL WAl'vIVCS OR ANYW ITR[ AI ONL TII[ PIPC AUGNhI[ Ni; A III P.ACCMCNT AROUND AND OF. TOP OT Mi PROPMAXI PROPOSED HOPE PIPES SHALL NOT EXCEED A MUM R' UF- IUNCOMPACIEDI / IAUI JTT LLAJ. K AQIOIII P I"TILM MMNYi1H Or RSTUY AADL 1 REAMILAIEL RiyK[NF'O,yyyRyWA1 Ah0 9 -DIRE • 5 •/9 =ALUEk SIHUCIUNLSSIMLLBF PIALkU IN / INOI LERCOMPMNUI UFTSAHD NAND fAMPAC1lO $AM-COMPPCIICRr -r ANO MOISTUREREOUINEMENTSSTATFDIM.1ERRBEAW / -' • / 5 NIFIIISOIISSHm BAl1 BE COMpACifOTDAT OAS-9S%Of TUSTIWm1PO PROCrgI NARIMDM ORY OSN9IYMYM 0.69RI THEfILL.THEFINALLBEODMCA)MPMTEDUSINURE CONIENF WIIHIk A2-2SPERCIN DSOPDAIUMMDISmRE CONTENT.THEFILLSHOULD UIECOMPACTEDUSIxGA511PEUNIILMIp' WMCA EFI wOP TO AW46 HL':PE THE PIPE, I:O COMPPOIIDk EDUIPMENI SHALLQTOSSANYAPE UNIILMINIMUM CFNEP IS ESIMIl1NFUALUNG'NE P:PS 9 6 PRIOR TOMMMEMOFNLIONEMRANRMEM,EWYINGYEGETATMNMDTOPSOILSHOULDBEYRIPpE DREMOVEDHD1A TEH DAM EMBTING SOIL SHALL BE PPFPAP.EDBYOWNG ANC gSMNG VXN1RlU I•ULCEMkNI OF VEW HLLMATMML LW IE BERM 7 COMPACTION TCSTING TON PERFORMED EVERY 75051E PER Y CALFOOTOF FILL FUN AREASAWAY FROM SPILLWAY PIP, - EVERY IS U PER VENTICA_ FOOT OF FILL FOR MFASALONG SPILLWAY PIPES B DEWATE41NGOFTHEPMDAPEASIMILNmnRAWW.VMWATFR-NEXIFis CF(RIFFICEREPm DAY GRAPHIC SCALE F Rrr.-zoo J McADAMS The John R McAdams Company, Inc 25 Meridian Parkway Durham, NC 27713 phone 919 361.5000 fax 919. 36L 2269 license number: C-0293. C-197 www nlcadaln— Dom CLIENT CLEARWATER MITIGATION SOLUTIONS PHONE: 919.624 6901 CZC1R MA TER :1MGAIYON .S01. UT1m,s V W N ZN OZIIRRRRR � U aZ)o C7o2: U ~ O OC z j U � a Z�a0 I""' L!1 -o =ZLLn N U O J J's AC •� G.. 5. = yi607: = PH-kkk s� REVISIONS PLAN INFORMATION PROJECT NO CLW-18000 FILENAME ELW180WGI CHECKED BY RAS DRAWN BY RAS SCALE 1"=20, DATE 02.1t 2020 SHEET GRADING AND DRAINAGE PLAN C3.00 PRELIMINARY DRAWING - NOT RELEASED FOR EROSION & SEDIMENT CONTROL NOTES: I - MIT IOOS 51111_Al-D TC THE NCFTIICl.Pf.IIhAVLI'AY.II.A_N OF E'JAIPONMFVT'I CLIAIIII N-UEU1IVISI']+IO-ED"ll- r:.1 M IRA. 1 NO IN-' F.ESOU RIF CEMLPj 5-ANUTE.E:+?NU SrC;FICaT,nNi L LOVIACTOEFIL:-PDSIONCC:ngULL-L' 1-f Oq TOINSTAILA-U-1 EASC AI-ALRES AND AGAIN ONCE NTIAL FITASUEESARE IN PI- BTrOIIL AYY VN'ORI.?EFIVi,OAiA:rl"VII IAi I BB6IAJE-ism R r A I,IPF IV IOL_AN TILE A-CIVEC PLAN 5r ELL LBILL ANUUTAILI[O01 r.SI.at, ­11-CON11. .IN 1'. 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IN I HE INSPECTION RED(, CONSTRUCT ION OF F CE, UK WITH THE CONTE-GEL I- SCIILDULE AND HOLDA PRE M.-ROCTIDK CONFERENCE AT LEAST ONE WEEK PRIOR TO BEGINNING ANY LAND -DISTURB NG ACININES THE CONFINENCE 54UULD BE Al I ENDED BY A REPRESENTATIVE Of ! HE GEN_NAL CONTPACTmI ANY SJBCONIINCTOIIS DEMLN IAI OFGC£ AND THE FNG EHOC 4. INSTALLTRLL PROTECTION FENC NG IN ARFAS 5HOWr4 ON TIII5 FLAN ES IABVSH CCNSTRLCT ON ONTRANC[ (SELL 1 :14011 AND STAGING AREA LIAR TIRE[ REM.OVALTO THE MINIMUM EITENT POSSIN i 6 I MITS OF OISTUOOANCL -11. MNIH AUUInON.+L TRFF NER TTCHON AREAS 5HAUL BE MINKED BY SILT FENCE OR ORANGE TREE PROTECTION FENCE ARIE", C6 ml i, USE IN' AREA DESIGNATED ON THE PRAYS FOR ALI Ill UTNGACHVIIIES RELAT-D To W[PRDICCT, 2 PARK AT CON STECTELTON COUIPMEM, INCLUUUl T RUCK5 AND HFAVY FOLD OMENT VII MIN THE UNITS O=DISTURBANCF •i INSFAUSIMF HCE- STAGING AND STOCKPILE ADEAS15HEETS CE C=1 10. 1IT EEN(E WIH0 SIIPF'OPT SPAOKG OR W II rl 1AIRE BAC''JVG SHAH RF IN WALLm AROUND THE DO'wNSLOAE PERIMETER O= ALL SOIL STDCKFILC AILAS, 13. LARGE SPECIMEN TREES THAT HAVE BEEN D AGGCJ 5110ULJ BE AVOIDED TO THE GREATEST FKTFNT PO5 rd. _s BEGINCIEAIL.R. Gala. GANDGRADI^IO ON 11.E 1.ACCERY-11 IMTH 11IE-POVED 5&E CONTROL PLAN 13, AI IHI,-IWSION OF GRADING AND CONINT LED ON OR IF LAN D DISTURB ING ACTIVI-C STOPPED TO A MORE THAN 21 IONSECLIFIV E CAIRN DAR DATIN PE IV AJ+kN1 VEG-IATPIECOLERSHAII RTIIISTAO:D A{COROINGTOID S 511C[T 14. 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In 1• rYl r At 1 Nil =1•Rt •f ,`q l•YFI, �. a'1, Uw FaMYAaIrw4 Cd, 211 ul- AEeN4iMe NRFere 'ik,lEiF' Er,yIA NIiR 1•IIRI' N IY�BrOap Ke E, "I 1M I}IL.%Wll �.-. jC�k4NdlFI:•Fwl r. ram. .}rePrfalew. _ � T-15+• Pick al leas) lour speclas, mcludin1l one rrnm each type GRflUNDSFA91 LIZATION SCHEDULE 1. x.A 1LY.RIP SnM[ffIAAn1DEY IIEu1Ia+r,Iµ ltiiaa Rxvl+e Y r.oxL - NDC Iis'axP Fsnn eiora x.n . AY. NCHE 40FIF RAFIIE'r.vP SAWN 1wn1:o+RAmF IF IN MT E,EN+ ,EAS o I LPI RE IDrLaNI HOW �4I i r Know what's below. Call before you dig. CONTRACTOR SHALL NOTIFY "NC611- (911) OR (1-SOM32-4949) AT LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED, CONTRACTOR SHALL CONTACT ANY LOCAL UTILITIES THAT PROVIDE THEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC611 REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY, WAD lAV1V The John R. MLAdemS Company, Inc, 2905 Meridian Parkway Durham, NC 27713 phone 919. 361. 5000 fax 919. 361 2269 license number: C-0293, C-187 www mcadamsTUD m CLIENT CLEARWATER MITIGATION SOLUTIONS PHONE: 919. 624, 6901 CLE IRW4T R ,1n71c.d %Toav' SOLUTIOAS m `W` Ill- ll- CA zLn 00 O Z_ EE t.,) QaW O U U N 5~ Q 0 Z U EL Z Z) Qcc L Ln LD 2 Z Lf] O ^' (' U Z O J f A1'A '4, SEAL Lueo7a o; 's l3 'v� REVISIONS 1ql , 12 13 202D R_LRSCCNCTIP11111RESSREvLEAV PLAN INFORMATION PROJECT NO. CLW-1R000 FILENAME CLW18000-ECI CHECKED By RA5 DRAWN BY RAS SCALE N.T.S, DATE 02. 1L 2020 SHEET EROSION CONTROL NOTES C6,00 PRELIMINARY DRAWING - NOT RELEASED EROSION CONTROL LEGEND GRADING LEGEND SLT EENCE ODTIF FLAREC END section 25, c0 CONTOUR L-EVATIGN s u vcr ,...�,..�.......� sTup1 61e,a.w• I '\ Y A�1[-r-�; 4'+,.�,.,s. 750 KA CONTCUR cros-RUCTION ENTR,—/E%N 2-2 m1w, cOKTWi •'5 w — EMITS GF DISTLREPNCE cfl:a•S.4 E%ISING CGNTWR rl CONSFRVATIDN EASEMEW BLFFER ENHPNCLMENT MU h T M"ER RESTORATION .9RFA p j... A - i I 01 ti nPm Ir• � \ � ` � + ,.,� •'r '•� \ a ' - .�- DISTURBED AREA =13,41 AC. Know what's belOW. I � f Call before you dig. A , CONTRACTOR SHALL NOTIFY WC811" (811) OR (1-600-632.4949) AT LEAST 3 FULL BUSINESS DAYS PRIOR TO BEGINNING CONSTRUCTION _ OR EXCAVATION TO HAVE EXISTING UTILITIES LOCATED. I 11 CONTRACTOR SHALL CONTACT ANY LOCAL UTILRIES THAT PROVIDE I l \ , THEIR OWN LOCATOR SERVICES INDEPENDENT OF "NC811". ,R� �+i+p,Kn ,r \ REPORT ANY DISCREPANCIES TO THE ENGINEER IMMEDIATELY, It k _ ; \ J y -• ;�- MIMM" (- — o 1 aft .. 7 f . I ottitwti?'f Y��f-!✓-,�--;i_� �Vr� ._ _ _ _ EXISTING- �� — � — . — — � _ •- - MARLBORO CHURCH ROAD - N GRAPHICSCALE 1 A,y_Iq PRELIMINARY DRAWING 'J MCADAMS The John R. MrAd—Company, Inc. 2905 Meridlan Parkway Durham, NC27713 phone 919. 35L 5000 fax 919.36L 2269 Ilcense number: C-0293, C-107 V.'YnV mr-adamsco, cow CLIENT CLEAR WATER MITIGATION SOLLMONS ,HONL: 919 62469D3 CLEAR WATER AMYGA770Ar —SOLUTIONS 6 W Z 0zW F.. _ U ago C7 0 Urn U = O of Z U DOa Z Z ¢ o l0 =zLn N U U 0 i fR. f REVISIONS NC a.N PLAN INFORMATION PRDIECT NO CLW-18001 IILENAML CLW18000 DO CHECKED BY RAS DRAWN BY RAS SCALE 1-10' DATE 02 11 2020 SHEET EROSION CONTROL OVERALL PLAN C6e01 IJ WADAMS The John R McAdams Company, Inc 2905 Merldlan Parkway Durham, NC 27713 phone 919. 361. Soot) Fax 919. 36L 2269 license number. C-0293, G1R7 — madam—com CLIENT CLEARWATER MITIGATION SOLUTIONS PHONE: 919 524. 6901 CZrdR 1121 ER .VfTIGA770Tr sou' 110NS 1 W F- ZN OZ 1= _ U acc �CD l70=^ v �ZOu 0 W z F-G-Oa U cc a Z < O) to N =Zuni O ^' (' U Z O J REVISIONS PLAN INFORMATION PROJECT NO CLW-18000 FILENAME CLW18W EC1 CHECKED BY RAS DRAWN BY RAS SCALE 1"=46' DATE 02 11 2020 SHEET EROSION CONTROL PLAN AREA'A' C6 •02 'J WADAMS The Jahn R. McAdams Compam', Inc 2905 Meridian Parkway Durham, NC 27713 phone 919. 361 5000 fax 919. 361 2269 license number, C-0293, C-187 www-mcadamsco.cOm CLIENT CLEARWATER MITIGATION SOLUTIONS PHONE: 919. 624.6901 CLE4R IFATER NUICd IYON SOLrrrtONs A W H Z lf' 0 Z_ w Q U Q � � o t7 0 U u Z CC z ��m= U � a Z Q I— Lo = Z N U Z O J F 51.AL O+DOT, el_ REVISIONS w M,. PLAN INFORMATION PROJECT NO. CLW-16DDD FILENAME CLW3800o-EC1 CHECKED RY RAS DRAWN BY RAS SCALE 1"=40' DATE 0211. 2020 SHEET EROSION CONTROL PLAN AREA'B' C6w03 oe or o 'a 1V EE LIVEJ WITH 0s7 STONE J' -Hlcx T PN.P0.Ve •_ROLV. 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PROFILE VIEW I 3 PLAN VIEW OUTLET DISSIPATOR DETAIL PA 11IM0,1ARY DRAWING - NOT REISASEO E011 COPt13AUCI ION 'J WADAMS The Jahn R McAdams Company, Inc 2905 Meridian Parkway Durham, NC 27713 phone 919. 361, 5000 fax 919, 361. 2269 license number: C-0293, C-107 www mcadamsco com CLIENT CLEARWATER MRIGATION SOLUTIONS PHONE: 919. 624 6901 CLEARA:A TER ANTICA770,V SOLU7 ays W F•- V9 z Ln 000 P §u QLA = LA p = n U �z0u S0 = Z L F— m Q U a z�a° =�ED z* O ^' () U z 0 *10' D4go„ ` � INxOT1 `T REVISIONS w DI.1 PLAN INFORMATION PROJECT NO. CLW-18000 FILENAME CLW18000-DI CHECKED BY PAS DRAWN BY RAS SCALE AS NOTED DATE 02.11.2020 SHEET DETAILS C8.00 JgTF6 CVIOE TI NO . 111—nun To ^CO ,I uRtg uu9µo[wIHECUIINA CN A L PBEVFWT n. T6. MY IIII B Y.,.I'D mPORE551N0 w1THF TONE L�.I-EWIT-- LIE¢OTUPATWEO[ATELY. O y LEGATE WVEL CON57TI D INT AMOF Al W IM�Sll CCHECIRmEoe µ THE nEv�cE n cvO� _ • 11 HETE I,.111"11 "ON[,&EOTMRELIAASE AtBNEO.AI LBy B O 1 L Crox ExrRAVc FROwABYP-1. CONSTRUCTION EN-11 LEAYI W"LPIpJEGTESiIEES *MI -- E1111.I L La IIN —IN E .IV L'I.A GRAVEL CONSTRUCTION ENTRANCE DETAIL xkI - Rr,Ov I : AOT[ETp. INI . y� l 'N�:d B,�,II fr,.: (] �I:••,1OAIv1.Rv[O•r_ Ux[ NDCS :��L .• � •� 2CUN WRE IH IWC YT_ TO .r f lPn PPf `` IWh IVY r/wr LnMhT T1en •1N �Y. ottlpls[ IAS� � d ff w-I nA•1 1 .WERHLNG--SIGN D74L Y �EIC E ..R . fact ua wow: utCrlll: B.'IA�#Llr • Nt):.. F 1E W s lT rt•,a •;rys m:` 1:Flll:y ut.I_ NOTES: - rm � urr¢ PAY A 54Y A' E101 DE a YIFJA RC PPODCIa1 eWR HE N uNNN .e wwNn NFN Lie .RIM ](O' R mell:'R f%N•M.•q IE55 nlVl O'EY9`LV PEi :la IEd Is, PEE °NpTiE'cY X FIS;DW�Tr=T UPPaEe Wvt �Fnwe I T Gr a' aNEu1 •�.cras...w+.l M. w .cu.� Fs� male; P-vi r 9CY Ar Fsu1 44E1 IA¢ IYT[[MN Xtl b' p 0..11, 'GYM I. STANDARD TEMPORARY SILT / 7 RITE PROTECTION PENCE 56.LEE4g iytWL3uME INSPEG SE DIMLNI I IIIS AT LEAST ONCE A WEE' AND ATER EACI. RAINFALL MAX- AN REOUIREO REP- RE IMMEDTATELY SHOLIL THE FABRIC OF A SLININT FENCE --'ELAPSE, TEAR, DECWF`OSE OR BECOME IAEFFECMT. REPLACE T PROIAf IY. REMOVE GITIWINI WJ99TS AS WXIU5514r TO �ROIDE ADEQUATE i.RAGE VO_JMF CH ' E NEXT n MR TO'R MOCr CIRMLAT IN THE FENCE. -AXE CARE TO :•VOID (IN DEDMINW, TO! ITOW O,LAING CLLa:OJ RLW A ALL -E9'ING 1,1ATE`IA'S AND NNSTABLE SEDIMDR DFPOSOS ANo BRING TFE ARES "xlx AND STABILIZE 7 AFTER --VL CONNO]JIING DYAJRAGE MEA HAS BEEN PROPERLY sFA9[T7•n "I OF ._- PEN'= MUST DC A- 1 r15T 1 vE THE -OP OF RIC VIAS ICJ GTf.NF D41LE: 1 SILT FENCE DUPE-S TO BE INSTA_.CO E'.FRY 1. ALONG SILT FENCE VAIEN TOPC5 ARC .RAINING OWADOS n1E nFICF ]. WASHro STINE MAY BE A' L" .1 '.'.IT SOCXB STEEL FENCE ?OS-S` E. HARDWARE*4W FILLER IF III MASHED s-DnrFAERIC DBLRY WRE FENCE AVJ HA DFeEA fPx DF � gN I STANDARD SILT FENCE OUTLET I Sl i ffA1E 0 T FT W1NTFNA-AX I.— SCD IICNT WICK III 0' ITCNF OJ1LE1 IS COhREJ REPIACE STDYE AS HEECLO TO I.DE -A -LTG INSK,,T SEDIMENT FENCES I LEAST .ACE A'-1— AEI? I—H EACH RANf.I_ R-13ED RCPPRS IMM—ELY vH`LLD 1-E FIBRC CE A Gm MGF RACE COO-1, TEAR DFC]VPoSf LTI a,r— E FECTIVE. HEPIACE PROMPLT. ITax•R SEq NEVI �OrfB!a 155E CVI"Ir -0 ..or I]EO 1 STOR.:OE •IDLUME rCR T.1r J ll ][IIrM NG E E R)C[ T.RNG tlFRaLk = 6N +HE fEVC=. 1— CANE TO Al I - HLVITA ILL FEN(: NG I.N''RNS AA] STAB_E sEJIVENT DTP�-A AN IF -HE AR_I tlV TO No STAEIU IFT_R Ca1TNa J11NG DRUNAC WA . C )FEY PROPERLY SI,~ro DRAWING - NOT RELEASED FOR LOINTRDEI irv. 1 �IJ WADAMS The John K. McAdams Company, Inc 2905 Meridian Parkway Durham, INC 27713 phone 919.361, 5000 Tax 919. 361. 2269 license number: C-0293, C-187 www,mcadamsco.com CLIENT CLEARWATER MITIGATION SOLUTIONS PHONE: 919. 624. 6901 CLECH RATER 107GAT70N SOLuTfO.NS W Z� 000 Z U U Q cr O pUIF, Z O u C O = Z G H m d U _j CL Z Q o =Ln ZLLn O ^' (� U Z 0 gN I STANDARD SILT FENCE OUTLET I Sl i ffA1E 0 T FT W1NTFNA-AX I.— SCD IICNT WICK III 0' ITCNF OJ1LE1 IS COhREJ REPIACE STDYE AS HEECLO TO I.DE -A -LTG INSK,,T SEDIMENT FENCES I LEAST .ACE A'-1— AEI? I—H EACH RANf.I_ R-13ED RCPPRS IMM—ELY vH`LLD 1-E FIBRC CE A Gm MGF RACE COO-1, TEAR DFC]VPoSf LTI a,r— E FECTIVE. HEPIACE PROMPLT. ITax•R SEq NEVI �OrfB!a 155E CVI"Ir -0 ..or I]EO 1 STOR.:OE •IDLUME rCR T.1r J ll ][IIrM NG E E R)C[ T.RNG tlFRaLk = 6N +HE fEVC=. 1— CANE TO Al I - HLVITA ILL FEN(: NG I.N''RNS AA] STAB_E sEJIVENT DTP�-A AN IF -HE AR_I tlV TO No STAEIU IFT_R Ca1TNa J11NG DRUNAC WA . C )FEY PROPERLY SI,~ro DRAWING - NOT RELEASED FOR LOINTRDEI irv. 1 �IJ WADAMS The John K. McAdams Company, Inc 2905 Meridian Parkway Durham, INC 27713 phone 919.361, 5000 Tax 919. 361. 2269 license number: C-0293, C-187 www,mcadamsco.com CLIENT CLEARWATER MITIGATION SOLUTIONS PHONE: 919. 624. 6901 CLECH RATER 107GAT70N SOLuTfO.NS W Z� 000 Z U U Q cr O pUIF, Z O u C O = Z G H m d U _j CL Z Q o =Ln ZLLn O ^' (� U Z 0 .nr SI AL - swv� s a REVISIONS IN Wfl PLAN INFORMATION PROJECF NO, CLW-18000 FILENAME CLW38000 Dl CHECKED BY RAS DRAWN BY RAS SCALE N-T.S. DATE D2. 11. 2020 SHEET DETAILS C8,01 Longhorn Riparian Buffer Mitigation Site – Mitigation Plan DMS ID No. 100114 APPENDIX G.  RECORDED CONSERVATION EASEMENT DEED AND PLAT  [ HHE DATA ALONG THE J I CONSERVATION I EASEMENT AREAS DEED REFEREN CE [51, BEING A PORTION OF THE PROPERTIES RECORDED IN D.B. 1656, PG 2365 AND D B 1856, PG 2351 OF THE RANDOLPH COUNTY REGISTER OF DEEDS MAPREJERENCEIS}; BEING A PORTION OF TRACTS 2 AND 3 RECORDED IN P.B 87, PG, 47 OF THE RANDOLPH COUNTY REGISTER OF DEEDS- P.B 26, PG. 55 CERTIFICATE OF OWNERSHIP - TIN 7736B177DS LCurtaA Redding, single, hereby certiry that l am the owner of the property identified by the Randolph County, North Carolina Parcel Identification Numbers) set forth above; that 1 hereby adopt this conservation easement plan and the terms and conditions contained hereon and grant and convey the easement. herein with free consent Further, I certify that the land as shown hereon is within the subdivision regulation jurisdiction of Randolph Counly, North Carolina a-as-2o Dale STATE OF NORTH CAROLINA COUNTY OF I '1� F."'�'. LR a Notary PUMIc for Ula County and Stale aforesaid, do hereby certify that Curtis A. Redding, single personally appeared before me this day and acknowledged the due execution of the foregoing document Wine- my hand and oRlcial stamp or seal this-0 S day ar z-A� 2020. %1tri111111fyM 3� M�RR�TkT xry T �H,L� T�'!f O'( A R y 9's Notary wilruiluto m �4�trY�IJ 1.L C U U� 5� pUB�'= Tyoed Natmy Name aunm'Mill— EcP 11rt ; T —I.- t4qrz- r.,;;�H�10 STATE OF NORTH CAROLINA COUNTYOF RANDOLPH I. r�Lkathy V- �dL►r f ew ONwer of Randolph County, certify plat the map or pal to watch Ihoe i ,e cad,ldahs af94e eta AR Natatory r IS for recording I[toffe evlew SURVEYORS CERITH DONLSJ Surveyor's disclaimer No attempt was made to locate any cemeteries, wetlands, hazardous material sites, underground utillies or any other features above, or below ground other Than those shown However, no visible evidence of cemeteries or utilities, aboveground or otherwise, was observed by The undersigned (other than those shown) I certify that the survey is of another category such as the recombination a existing parcels, a .curt -ordered survey, or other exception to the definition of subdivision (conservation easement) I JOHNAL RUDOLPH, certify that This pal was drawn 1lnder my Mlpervkelort from an actual survey made undo my supervision (deed 4i unplion mccIdoel in Dock " L, Page REVS , etc.) (other); that the boundaries not surveyed are clearly indicated as drawn from information found in RGokJ page_f1 ; that the ratio of precision or positional accuracy as calculated is T DOOM: that this pat was prepared in accordance with G S 47-30 as amended Witness my original signature, license number and seal this 3rd day of February, A D , 2020 ipr% v 194 Homsl Lend Survey- License No bar COORDINATES ALONG CONSERVATION EASMENTS CORNIER NORTHING I Efttkli* 7e3 i.o450 7,1K455379 y 113051.4Sa0 7 1 Tel fa +TXi6+ 7 3R231a3e [73051171414 7i772a 1 a 757 173isicalossil 7 7773.6151 T7d T0252 a ia711gs. x 9 OWN 173AM7607 to -MOWN 7a 37 16 17454411.01B t 7 1 173a1R1A316 12 7830454273 17zW16,1103 f R 76 201. 7 0 IT MINS1 1737rMa.1 A Is 7aVpa.027 17 l sa* Is 17 76254S.+B46 mAxtann 17367013666 17357215162 U 75201a 11 I73a7N.,5M ]a 7a2m$160 17337811121NT 2a 71622.fa 172eBgT.0015 1 7a22r 4S24 ?Mob 71 27 1 1] 6785 27 Tex1]6.62Ta 17laeaS 36gg W 762M.2m ITUMM 2 7620N.72,2 IIIU72 ?b 1 ITS 1327 as 7 61 .4 1 lac e1aa2 1 1 27 iefsdial96 I 17364ASo05a a T63 5a]611 173s771.1590 20 761826.7071 1736256.0 761 to Iia717LS.16 1 7616642sw 173e1 SSSa 32 76166s.e14.S 173aIS + 11 +30. "I'llaSS7 7 iN m77 73Ta73 3876 IS 7 21a3NB 173M745490 515 axsar Ban 17]a00a.1481 762BT1a6a7 ilr7M12920 NOT ONLY CORNER R 46 IS ATRUE NORTH CAROLINA STATE PLANE GRID COORDINATE, COORDINATES SHOWN ARE BASED ON GROUND DISTANCES TO MATCH PLAT, SEE DATUM DESCRIPTION, SHEET 1 OF 1 BK 163 PG 99 (1) This document presented and filed: 02/25/2020 12:37:25 PM PLAT RECORDING Fee 121 00 IlNlal III 2CON1094192 ' Randolph County North Carolina Krista M. Lowe, Register of Deeds "Maalio. V,6aIij.Mevit+,T,. tl _ 1 1.y�r�lj Z I LAc,;C CAGIE D B 2626, PG 322 ACCESS EASEMENT I NEW 12' WIDE NON-EXCLUSIVE ACCESS EASEMENT FOR INGRESS, EGRESS a REGRESS TO CONSERVATION EASEMENTS (AREA = 0 016 ACRESf BY COORDINATE COMPUTMIONI NOG-33'ISE rgider OLIP I-- -___.._.___ GENERAL NOTES: NO HORIZONTAL CONTROL EXISTS WITHIN 2000 FEET. NOTE: NO ABSTRACT OF TITLE, NOR TITLE COMMITMENT, OR RESULTS OF TITLE SEARCH WERE FURNISHED TO THE SURVEYOR. ALL DOCUMENTS OF R ECORD REVIEWED ARE NOTED HEREON (SEE REFERENCES) THERE MAY EXIST OTHER DOCUMENTS OF RECORD THAT MAYAFFECT THIS SURVEYED PARCEL ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES THE PURPOSE OF THIS PLAT IS TO IDENTIFY THE LOCATION OF THE CONSERVATION EASEMENTS DEPICTED HEREIN TO PROVIDE A BASIS FORTHE CONVEYANCE AND DEDICATION OF SAID CONSERVATION EASEMENTS AND TO PROVIDE ACCESS EASEMENTS OVER THE ASSOCIATED LANDS THIS PLAT DOES NOT CREATE NEW PROPERTY LINES OR AFFECT ANY EXISTING PROPERTY LINES THE RIGHT(S) OF NON-EXCLUSIVE INGRESS, EGRESS, AND REGRESS OVER THE SUBJECT PROPERTY AND OVER ALL EXISTING PATHEATOADS TRANSECTINGTHE PROPERTY ARE RESERVED BY THE GRANTOR(S) AND THE GRANTEE(S) OF THE CONSERVATION EASEMENT(S) AS SET FORTH HEREIN AND IN THE CONSERVATION EASEMENT DEEDS RECORDED IN CONNECTION WITH THIS CONSERVATION EASEMENT PLAT, INCLUDING BUT NOT LIMITED TO, ACCESS =MEWSI Are) 2 DEPICTED ON THIS PLAT, CAGIE D B 2626, PG 322 1 (2 O 7 1 PH 107, PG 47 NOT 1 CHRISTOPHER A. SUBJECT REDDING TOG3FFE41�' 1 D B 1056, PG 2365 RULE 1 f PIN 7736822634 O col_ o rvlNon O° zI�E CONSERVATION EASEMENT I 4.91 ACRES. 1 US { 65.03' 1 V ITIE DOWN) I O t1A 1 I NO2'36'44'E MAIRBORO FRIENDS MEETING 30B as' �1 D.a. 1164, PG 1103 mE DOWN) I 4ui O EIPJ L33 MMILCAO FRIENDS MEETING ❑ B 1476. PG 93 7 FEMA FLOOD STATEMENT: THE AREA REPRESENTED BY Tins PLAT IS LOCATED IN A FLOOD HAZARD BOUNDARY ACCORDING TO FEMA MAP NUMBER(S) 3710]]]60oJ ZONE(S):X, DATED: V LEGEND: ISS - IRON STAKE SET ECM - EXISTING CONCRETE MARKER EIP - EXISTING IRON PIPE ERRR - EXISTING RAILROAD RAIL PTI - PINCHED TOP IRON EA- EXISTING AXLE EDS - EXISTING DRIVE SHAFT EMN - EXISTING MAG NAIL CMP- CORRUGATED METAL PIPE 0 D - OUTSIDE DIAMETER RP$. RANGE PALE SPRY EMN - EXISTING MAG NAIL MINES - MAO NAIL $ET EIS- EXISTING IRON STAKE EPP - EXISTING PUMP PIPE PPS - PUMP PIPE SET NMC-NON-MONUMENTED CORNER RNV - RIGHT OF WAY EOP EDGE U.S. HIGHWAY 311 ;, - OF PAVEMENT PH -PLAT BOOK (60' RM/-PUBLIC-PAVED) -DEED BOOK PG P. -PAGE N.C.S.R. 1946 o- NON-MONUMENTED CORNER UNLESS OTHERWISE NOTED 1025 6176'E ME DO ME DOWN) W MW DAIRY ROAD � — ISB R+WfUi1LJC F'IVlEO) N. 5 REBAR, 30' IN LENGTH FLUSH Sap �_ ply WITH GRADE WRHANAU MNLAf 3 TIC - - ` - - • CAP INSCRIBED. -STATE OF NORTH Ent, CAROLINACONSERVATION EASEMENT' U 530.14'09E IS CONSERVATION EASEMENT LINE men (nE DOWN) 0 , - TIE DOWN LINE — ADJOINER OR RAN LINE STREAM S89-14'29-E 446 qT ACCESSEASEMENT Al (DE DOWN)9 p_ CERTIFICATE OF OWNERSHIP -PIN 7736822634 ' �t We, Christopher A Redding and wife, Nicole L Redding, hemby .amity that we are the owners of the property identified by the Randolph County, North Carolina Parcel Idenlificalion ` Number(.) set forth above; that we hereby adopt this conservation easement plan and the terms (D conditions contained hereon and grant and convey the easement, herein vA n Ree consent 1 Further, Further, we certiry that the land as shown hereon iawilhin the subdivision mgulationjud diction or Randolph County, North Carolina \� (�2) 3 P.B 167,P6 47 7 r• ea e CHRIFTOPHER A. Oats REDDING ()l DB 1SSE, DPG Js5 PIN 7736622634 PH 167, PO 47 REDOING u5 . 1 ❑ a 1 es6 PG 2363 r. v Date NIsaM L Roddmg CONSERVATION Q,1 r STATE OF NORTH CAROLINA EASEMENT 2 1090 ACRES. 3y AMfiF -M1 .,, l O . `/ COUNIY7OF .) ��1//� w POND P1 -- - - ._ WOOD , L R' _r� a Notary Public forth. County and Stale aforesaid, do hereby certiy that Christopher A Redding and wife. Nicole L Reddingpemonally, ^ k—TO POLE BARN BE 1 appeared before me this day and acknowledged the due eaelalion ofthe foregoing document REMOVED Cg , y,( — x e _ - 0 L20 Q (2+l , Wine. my hand and omclal stamp or seal this _W day of dilwm� 2020 PA 1a7, 00 4], ISS, REFERENCE POINT ' ONLY (SUITABLE FOR _ �_ GPS OBSERVATION) _ 0 CIRBSTONIER A.1 REDdN6 D B less PG 2365 \ 11IMIIHkf �111t Nier;'`"'�I %' - PK5 L3a O PIN ]]36022fi34 © Q' 01 A R), � Ndary signarcne t, '0' CONSERVATION EASEMENTS T ISS 4.12 ACRES. y (71E DOWN) DOWN g� G pLIB\,\ 526'OB',6E � dvL2aB �-+L O Tyoed Notary Name ,L->•, 636' (nE DOS = L"J il/ �� WN) � 1H1511 �LiQl�/SSe�aCry/aJ�rLRi : S ��- Z022 O W1 0 NIO-3S43-E 1O�I mE1bMMRq I O O EF I 55 DN02-3-64�3'E� BARN RE 1a7, PG 47 CURBS A REDDING ACCESS EASEMENT 2 D B 1956 PG 2361 NEW 12' WIDE NON-EXCLUSIVE ACCESS PIN 7736017705 EASEMENT (6' ON EACH SIDEOF GENTERLINE) FOR INGRESS, EGRESS 6 REGRESS TO CONSERVATION EASEMENTS (AREA - O.4 ACRESI BY COORDINATE COMPUTATION) R1W EOp FOP RfW E[-fW l r N.LO CHD K XG11A ~_ RIW, MuIlUEL*wMA>arynu10) DATUM DESCRIPTION THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PLAT IS BASED ON NORTH CAROLINA STATE PLANE COORDINATES ESTABLISHED BY USING THE NORTH CAROLINA REAL TIME NETWORK (VR" ISS O NC GRID COORDINATES MAD 83 (2011) N=762,039,5063' E-1,738,362.5181' THE AVERAGE COMBINED GRID FACTOR USED ON THIS PLAT IS 0.999e90M (GROUND TO GRID) OR 1.0001 D937 (GRID TO GROUND), THE N.C. LAMBERT GRID BEARING AND LOCALIZED )IORL DNTAL GROUND DISTANCE FROM ISS � To,ss 04ss2now E gd.9BFEET. ALL LINEAR DIMENSIONS ARE LOCALIZED HORIZONTAL DISTANCES GEOID-20128 CONUS GNSS RECEIVER - TOPCON HIPER SR WITH MINIMUMTIME OF ` 220 SECONDS COMPLETED DURING AUGUST OF 2019 YI�dr:7 CORNER DESCMFn ONS CORNERFN. DESCRIPTION ^Y IT) REBAR G VABOVE GRADE Nc- 5 FtEBAR PUSH WITH GRADE VAT54AN O THRU 32 ALUMINUM 3 1/4' CAP INSCRIBED: "STATE OF NORTH CAROLINA CONSERVATION EASEMENT" A� lam' PK NAIL IN CONCRETE BLOCK ® 0 P E BENT O TABOVE GRADE IRON WITH No 5 REBAR FLUSH WITH GRADE WITH AN 35 THRU 37 ALUMINUM 3 114' CAP INSCRIBED 'STATE OF NORTH CAROLINA CONSERVATION EASEMENT' Q THRU q3 1.0- O D IRON PIPE WITH CAP A Z ABOVE GRADE CM) 1,0"O.D- IRON PIPE BENT FLUSH WITH GRADE O No 5 REBAR WITH CAP 0 2' BELOW GRADE 46 1. DE O D IRON PIPE WITH CAP FLUSH WITH GRATE 41 No 5 HEW WITH CAP 02' BELOW GRADE 10 No 5 REBAR PLUSH WITH GRADE WITH YELLOW PLASTIC CAP SUITABLE FOR GPS 4B No 5 REBAR FLUSH WITH GRADE CONSERVATION EASEMENT ACREAGE DATA, GHRISTOPER A CONSERVATION EASEMENT AREA 1 REDDING TRACT D a 1as.. PG Ass 4-91 ACRES. Feel TrS-634 15 81 ACRESx CHRISTOPERA CONSERVATION EASEMENT AREA REDDING TRACT DB 1e.5fi PG 23a5 IO.BO ACRES. PIN ]736s2263, CONSERVATION EASEMENTAREA3 CURT. A REDOING TRACT DE I6S5,PG 2111 412 ACRES. 4.12 ACRES. PIN ]]SBe1Tr05 TOTAL CONSERVATION EASEMENT EXCLUDING ALL ACCESS EASEMENTS BY COORDINATE 1B.B3 ACRESx COMPUTATION CONSERVATION EASEMENT SURVEY FOR THE STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF MITIGATION SERVICES DMS PROJECT ID No. 100114 SPO FILE NUMBERS 76-CR S 76-CS LONGHORN MITIGATION SITE OVER AND ACROSS A PORTION OF THE LANDS RECORDED IN D.B_ 1854, PG 2365 (MN No 7736822634) OWNED BY CHRISTOPHER A REDDING AND RECORDED IN D B. 1856, PG 2361 (PIN No, 7736S17705) OWNED BY CURTIS A REDDING NEW MARKET TOWNSHIP, RANDOLPH COUNTY, NORTH CAROLINA (THE FIELD SURVEY TOOK PLACE DURING AUGUST a SEPTEMBER 2019) 200 100 0 2W 400 Epp GRAPHIC SCALE T" = 200' -//Prepared By and Return to Robert IL Merritt, Jr. Bailey & Dixon, LLP P.O. Box 1351 Raleigh, NC 27602 STATE OF NORTH CAROLINA RANDOLPH COUNTY SPO File Number: 76-CS DMS Project Number: 10014 BK 2690 PG 594 (12) This document presented and filed: 02/25/2020 12:57:42 PM DEED Fee $26 00 Excise Tax: $479 00 1111111111111111111 � 11 � 11 t 20094195 Randolph County North Carolina Krista M. Lowe. Register of Deeds DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS, made this k-' day of Fri 2020, by Christopher A. Redding and wife, Nicole L. Redding, ("Granter"), whose 6miling address is 2546 Marlboro Church Road, Sophia, North Carolina 27530, to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 1 of 11 BK 2690 PG 595 DOC#20094195 WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et sec.., the State of North Carolina has established the Division of Mitigation Services (formerly known as the Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Clearwater Mitigation Solutions, LLC, a North Carolina limited liability company and the North Carolina Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environmental Quality Purchase and Services Contract Number 7866. WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation for authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division -of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOU referenced above; and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 2 of 11 BK 2690 PG 596 DOC#20094195 WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8th day of February 2000; and WHEREAS, the Division of Mitigation Services in the Department of Environmental Quality, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in New Market Township, Randolph County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately 25.48 acres (PIN: 7736-82-2634) and being conveyed to the Grantor by deed as recorded in Deed Book 1856 at Page 2365 of the Randolph County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of an unnamed tributary of Bob Branch. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its. successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Conservation Easement Area consists of the following: Conservation Easements 1 and 2 as shown on Plat entitled "Conservation Easement Survey for the State of North Carolina, Division of Mitigation Services, DMS Project ID No. 100114, SPO File Numbers 76-CR & 76-CS of Longhorn Mitigation Site" dated February 3, 2020, prepared by K2 Design Group and recorded in Plat Book /�3 , Page 19 , of the Randolph County Registry. TOGETHER with an easement for access, ingress, egress and regress as described on the above -referenced recorded plat and this Conservation Easement Deed. The Conservation Easement described above is hereinafter referred to as the "Easement Area' or the "Conservation Easement Area" and is further set forth in a metes and bounds description attached hereto as Exhibit A and incorporated herein by reference. The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 3 of 11 BK 2690 PG 597 DOC#20094195 aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of non-native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 4 of 11 BK 2690 PG 598 DOC#20094195 E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Easement Area. F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement. All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. I. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area, J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging, There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. 'There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Easement Area, No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polhiting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited. In the event of art emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conscrvation Easerncnt Area portion of the Property owned by the Grantor in Fee simple ("fee") that is subject to this Conservation Easement. is allowed. Any future transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 5 of 11 BK 2690 PG 599 DOC#20094195 N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. ®. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, receive a perpetual Right of Access to the Conservation Easement Area over the Property at reasonable times to undertake any activities on the property to restore, construct, manage, maintain, enhance, protect, and monitor the stream, wetland and any other riparian resources in the Conservation Easement Area, in accordance with restoration activities or a long-term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights.. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservations easements damages the investment and can result in reductions in natural resource value and mitigation credits which would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if such repairs are needed as a result of activities of the Grantor, his successors or assigns. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 6 of 11 BK 2690 PG 600 DOC#20094195 IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 7 of 11 BK 2690 PG 601 DOC#20094195 V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C.- Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 8 of 11 BK 2690 PG 602 DOC#20094195 General Counsel US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. C" A _ aZ—:(SEAL) Christopher A. Redding (SEAL) Nicole L. Redding NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 9 of 11 BK 2690 PG 603 DOC#20094195 NORTH CAROLINA COUNTY OF GUf�ir I, 12k'e� /4`�// J� , a Notary Public in and for the County and State aforesaid, do hereby certify that Christopher A. Redding and wife, Nicole L. Redding, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN !WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the �S day of F�d7fLca�R�/ 20ZZ0. IFf.''�n Notary Public a ":,aT A q My commission expires; 5�- / _ ZD L�-P— #493914 - yp AUB41G ?V `f r NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 10 of 11 BK 2690 PG 604 DOC#20094195 Exhibit A Legal Description Permanent Conservation Easements Longhorn Mitigation Site Randolph County, North Carolina (1) Permanent Conservation Easement PIN: 7736KMM Conservafion 1Gasemenf 1 A permanent conservation easement over a portion of land in New Market Township, Randolph County, North Carolina as shown on a plat entitled "Conservation Easement Survey for the State of North Carolina, Department of Environmental Quality, Division of Mitigation Services, DMS Project ID No. 100114, SPO File Numbers 76-CR & 76-CS, Longhorn Mitigation Site" dated February 3, 2020, prepared by K2 Design Group and recorded at Plat Book 43 , Page " , of the Randolph County Registry, and being on a portion of the parcel owned by Christopher A. Redding (PIN: 7736822634), and more particularly described as follows: Beginning at an iron stake (Point of Beginning) labeled as Point No. 1 and being the Northeastern most corner of the Conservation Easement 1 and being located North 08°58'46" East 1172.61 feet from an iron stake with a yellow cap (Point No. 48) with N.C. Grid Coordinates N=762,038.8063', E=1,738,362.5181'(NAD '83, 2011). Thence from the Point of Beginning (Point No. 1), South 30° 11' 19" East 168.43' to an iron stake; thence South 0602411" West 121.7l' to an iron stake; thence South 019 V51" West 107.36' to an iron stake; thence South 13°55'58" West 102.14' to an iron stake; thence North 85012'49" West 582.24' to an iron stake; thence North 85°12'49" West 12.0l' to an iron stake; thence North 21°15'35" East 76.96' to an iron stake; thence North 34°04'26" East 90.74' to an iron stake; thence North 672718" East 114.40' to an iron stake; thence North 00°00'00" West 52.14' to an iron stake; thence North 509631" East 45.65' to an iron stake; thence North 03°44'39" East 156.12'to an iron stake; thence South 89°14'29" East 318.66' to an iron stake, which is the Point of Beginning (Point No. 1), having an area of 4.91 acres. BK 2690 PG 605 DOC#20094195 (2) Permanent Conservation Easement (PIN; 7736822634) (Conservation Easement 2l A permanent conservation easement over a portion of land in New Market Township, Randolph County, North Carolina as shown on a plat entitled "Conservation Easement Survey for the State of North Carolina, Department of Environmental Quality, Division of Mitigation Services, DMS Project ID No. 100114, SPO File Numbers 76-CR & 76-CS, Longhorn Mitigation Site" dated February 3, 2020, prepared by K2 Design Group and recorded at Plat Book_ 1103 , Page 99 of the Randolph County Registry, and being on a portion of the parcel owned by Christopher A. Redding (PIN: 7736822634), and more particularly described as follows: Beginning at an iron stake (Point of Beginning) labeled as Point No. 14 and being the Northwestern most corner of the Conservation Easement 2 and being located North 29°05'30" West 766.98 feet from an iron stake with a yellow cap (Point No. 48) with N.C. Grid Coordinates N=762,038.8063', E=1,738,362.5181'(NAD '83, 2011). Thence from the Point of Beginning (Point No. 14), South 85° 12'49" East 12.01' to an iron stake; thence South 85°12'49" East 749.43' to an iron stake; thence South 13°06'09" West 118.53' to an iron stake; thence South 10°39'38" East 69.93' to an iron stake; thence South 53°10'29" East 79.76to an iron stake; thence South 36° 10'23" East 178.93' to an iron stake; thence North 87°58'18" West 95.19' to an iron stake; thence South 08°32'12" West 89.06' to an iron stake; thence South 84°59'13" East 100.19' to an iron stake; thence South 08°32'12" West 81.3 F to an iron stake; thence North 86°42'23" West 771.57to a PK nail; thence North 88°40'46" West 239.67to an iron pipe; thence North 029644" East 69.38' to an iron stake; thence North 18°52'19" East 394.49' to an iron stake; thence North 27°38'09" West 4934' to an iron stake; thence North 06°07'45" East 78.11' to an iron stake, which is the Point of Beginning (Point No. 14), having an area of 10.90 acres. (3) Access to the Permanent Conservation Easements Also conveyed herein is the right of ingress, egress and regress to the permanent Conservation Easement(s) described above, by way of and over the Property as provided in this Conservation Easement Deed and may be provided on the Plat referenced above. 00483431 Prepared By and Return to Robert H. Merritt, Jr. Bailey & Dixon, LLP P.O. Box 1351 Raleigh, NC 27602 STATE OF NORTH CAROLINA RANDOLPH COUNTY X/ SPO File Number: 76-CR DMS Project Number: 100114 Prepared by: Office of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 BK 2690 PG 617 (11) This document presented and filed: 02/25/2020 12.59:26 PM DEED Fee $26 00 Excise Tax: $162 00 20094198 IIIIIII IIIIIIIIIIIIIIII III Randolph County North Carolina Krista M. Lowe, Register of Deeds DEED OF CONSERVATION EASEMENT AND RIGHT OF ACCESS PROVIDED PURSUANT TO FULL DELIVERY MITIGATION CONTRACT THIS DEED OF GOP[SERVr1TION EASEMENT AND RIGHT OF ACCESS, made this 2-5 day of 2020, by Curtis A. Redding, single, ["Grantor'), whose mailing address is Post OF ice Box 574, Sophia, North Carolina 27530, to the State of North Carolina, ("Grantee"}, whose mailing address is State of North Carolina, ]Department of Administration, State Property Office, 1321 Mail Seryiee Center, Raleigh, NC 27699-1321. 17he designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.9 et seo., the State of North Carolina has established the Division of Mitigation Services (formerly known as the NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 1 of 11 BK 2690 PG 618 DOC#20094198 Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated, arranged and provided for as a condition of a full delivery contract between Clearwater Mitigation Solutions, LLC, a North Carolina limited liability company and the North Carolina Department of Environmental Quality, to provide stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of Environmental Quality Purchase and Services Contract Number 7866. WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Department of Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding, (MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the Wetlands Restoration Program was to provide effective compensatory mitigation For authorized impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving the wetland and riparian areas of the State; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services (formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions, and WHEREAS, the Department of Environment and Natural Resources, the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the North Carolina Wildlife Resources Commission, the North Carolina Division of Water Quality, the North Carolina Division of Coastal Management, and the National Marine Fisheries Service entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department of Natural Resources' Division of Mitigation Services (formerly Ecosystem Enhancement Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously effective MOA and MOLT referenced above, and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8" day of February 2000; and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 2 of l 1 BK 2690 PG 619 DOC#20094198 WHEREAS, the Division of Mitigation Services in the Department of Environmental Quality, which has been delegated the authority authorized by the Governor and Council of State to the Department of Administration, has approved acceptance of this instrument; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in New Market Township, Randolph County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately 20.9612 acres (PIN: 7736-81-7705) and being conveyed to the Grantor by deed as recorded in Deed Book 1856 at Page 2361 of the Randolph County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access over the herein described areas of the Property, thereby restricting and limiting the use of the areas of the Property subject to the Conservation Easement to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access Rights. The Conservation Easement shall be for the protection and benefit of the waters of an unnamed tributary of Bob Branch. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement along with a general Right of Access. The Conservation Easement Area consists of the following: Conservation Easement 3 as shown on Plat entitled "Conservation Easement Survey for the State of North Carolina, Division of Mitigation Services, DMS Project ID No 100114, SPO File Numbers 76-CR & 76-CS of Longhorn Mitigation Site" dated February 3, 2020, prepared by K2 Design Group, and recorded in Plat Book /(O3 Page ?1 , of the Randolph County Registry. TOGETHER with an easement for access, ingress, egress and regress as described on the above -referenced recorded plat and this Conservation Easement Deed. The Conservation Easement described above is hereinafter referred to as the "Easement Area" or the "Conservation Easement Area" and is further set forth in a metes and bounds description attached hereto as Exhibit A and incorporated herein by reference. The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation Easement Area in its na(Mal Condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 3 of 11 BK 2690 PG 620 DOC#20094198 I. DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. II. GRANTOR RESERVED USES AND RESTRICTED ACTIVITIES The Conservation Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Easement Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Easement Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. D. Damage to Vegetation. Except within Crossing Area(s) as shown on the recorded survey plat and as related to the removal of nonnative plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Conservation Easement Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Easement Area, F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement Area including any use for cropland, waste lagoons, or pastureland, NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 4 of 11 BK 2690 PG 621 DOC#20094198 G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Easement Area. H. Roads and Trails. There shall be no construction or maintenance of new roads, trails, walkways, or paving in the Conservation Easement. All existing roads, trails and crossings within the Conservation Easement Area shall be shown on the recorded survey plat. I. Signs. No signs shall be permitted in the Conservation Easement Area except interpretive signs describing restoration activities and the conservation values of the Conservation Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Easement Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Easement Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Easement Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Easement Area is prohibited, In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Easement Area may temporarily be withdrawn for good cause shown as needed for the survival of livestock on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision, partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Easement Area for the purposes set forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Easement Area and are non-transferrable. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 5 of 11 BK 2690 PG 622 DOC#20094198 0. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Easement Area or any intentional introduction of non- native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the Division of Mitigation Services, 1652 Mail Services Center, Raleigh, NC 27699-1652. III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, receive a perpetual Right of Access to the Conservation Easement Area over the Property at reasonable times to undertake any activities on the property to restore, construct, manage, maintain, enhance, protect, and monitor the stream, wetland and any other riparian resources in the Conservation Easement Area, in accordance with restoration activities or a long-term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. Conservation Easements are purchased to protect the investments by the State (Grantee) in natural resources. Livestock within conservations easements damages the investment and can result in reductions in natural resource value and mitigation credits which would cause financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict livestock access to the Conservation Easement area. Repeated failure to do so may result in the State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must provide access to the State (Grantee) to make repairs. E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s), however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if such repairs are needed as a result of activities of the Grantor, his successors or assigns. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 6 of 11 BK 2690 PG 623 DOC#20094198 IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Easement Area that is inconsistent with the purposes of this Conservation Easement and to require the restoration of such areas or features in the Conservation Easement Area that may have been damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the teens of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 7 of 11 BK 2690 PG 624 DOC#20094198 V. MISCELLANE®ITS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed is subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property or of any request to void or modify this Conservation Easement. Such notifications and modification requests shall be addressed to: Division of Mitigation Services Program Manager NC State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 and NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 8 of 11 BK 2690 PG 625 DOC#20094198 General Counsel US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easerent, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VI. QUIET ENJOYMENT Grantor reserves all remaining. rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the .Conservation Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment of the Conservation Easement Area, TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes, AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above written. f _ (SEAL) Curtis A. Redding, single NCDMS Full Delivery Conservation Easement Template adopted 5 May 2017 Page 9 of 11 BK 2690 PG 626 DOC#20094198 NORTH CAROLINA COUNTY OF _ �� d,( a Notary Public in and for the County and State aforesaid, do hereby certify that Curtis A. Redding, single, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument. IN WITNESS WIIEREOF, I have hereunto set my hand and Notary Seal this the 2� day of _ /Ci-1--A�-(-!Aw , 2026. Vk ME0�?`y�c Notary Public x o My commission expires: S - /- 70 Z�,z pUB0c,41 �Vr s q� 00483912 NCDMS Tull Delivery Conservation Easement Template adopted 5 May 2017 Page 10 of 11 BK 2690 PG 627 DOC#20094198 Exhibit A Legal Description Permanent Conservation Easements Longhorn Mitigation Site Randolph County, North Carolina Permanent Conservation Easement IN: 7736817705 Conservation Easement 3 A permanent conservation easement over a portion of land in New Market Township, Randolph County, North Carolina as shown on a plat entitled "Conservation Easement Survey for the State of North Carolina, Department of Environmental (duality, Division of Mitigation Services, DMS Project ID No. 100114, SPO File Numbers 76-CR & 76-CS, Longhom Mitigation Site" dated February 3, 2020, prepared by K2 Design Group and recorded at Plat Hook Page _ 9� , of the Randolph County Registry, and being on a portion of the parcel owned by Curtis A. Redding (PIN: 7736817705), and more particularly described as follows: Beginning at a PK nail (Point of Beginning) labeled as Point No. 33 and being the Northwestern most corner of the Conservation Easement 3 and being located North 68°00'54" West 269.09 feet from an iron stake with a yellow cap (Point No. 48) with N.C. Grid Coordinates N=762,038.8063', E= 1,73 8,3 62.518 1'(NAD '83, 2011). Thence from the Point of Beginning (Point No. 33), South 86°42'23" East 771.57' to an iron stake; thence South 08°32'12" West 71.28' to an iron stake; thence South 72°19'49" West 195.81' to an iron stake; thence North 83°35'47" West 90.72 to an iron stake; thence North 85°02'37" West 80.40' to an iron stake; thence South 74°50'39" West 114.87 to an iron stake; thence South 19°47'20" West 99.97' to an iron stake; thence South 74°03'43" West 107.26' to an iron stake, thence South 16°32' 14" East 173.66' to an iron stake; thence North 89°06' 52" West 127.91' to an iron stake; thence North 89°06'52" West 98.05' to an iron stake; thence North 02°35'43" East 474.22' to an iron stake, which is the Point of Beginning (Point No. 33), having an area of 4.12 acres. 2. Access to the Permanent Conservation Easement Also conveyed herein is the right of ingress, egress and regress to the permanent Conservation Easement(s) described above, by way of and over the Property as provided in this Conservation Easement Deed and may be provided on the Plat referenced above. 00483447 BK 2690 PG 569 (5) This document presented and filed: 02/25/2020 12:35:05 PM MEMORANDUM Fee $26 00 20094191 I I II III Illullllllll IIII I I III Randolph County North Carolina vepaned by and Return: TJ Gf,"/L i,ee Krista M. Lowe. Register of Deeds Robert H. Merritt, Jr. Bailey & Dixon, LLC 434 Fayetteville Street, Suite 2500 Raleigh, NC 27601 EXHIBIT B AMENDED MEMORANDUM OF CONSERVATION EASEMENT OPTION This MEMORANDUM OF CONSERVATION EASEMENT OPTION ("Memorandum") is made and entered into this 25th day of February, 2020 by and between, Christopher A. Redding and Nicole Redding, hereinafter referred to as "Grantor", CLEARWATER MITIGATION SOLUTIONS, LLC, a North Carolina Limited Liability Company whose address is 604 Macon Place, Raleigh, NC 27609 (hereinafter referred to as "Grantee"). WHEREAS, Grantor and Grantee have entered into a certain Conservation Easement O p t i o n A g r e e m e n t (the "Option") dated February 25 "' 2020 pursuant to which Grantor granted to G r a n t e e , its successors and assigns, an option to purchase a conservation easement (the "Easement Area") over certain real property located in Randolph County, North Carolina, which property is more particularly described on the attached Ex Wit C WHEREAS, The patties enter into this Memorandum for the purpose of setting forth certain terms and conditions ofthe Option, as amended, and to provide constructive notice of the Option; NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows. 1. The term of the Option commenced on February 25 th 2020 and shall expire on March 31" 2021 , including extensions. 2. All of the provisions set forth in the Option, as amended, are incorporated in this Memorandum by reference. 3.. The Option, as amended, shall be binding upon and inUre to the benefit ofthe parties and their respective heirs, successors and assigns. SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGESI BK 2690 PG 570 DOC#20094191 Grantor/Seller By: ch6j g w A Print Name: C�„ta}w „p_ NORTH CAROLINA COUNTY OF a Notary Public in and for the County and State aforesaid, do hereby certify that C cd5 }oA �tec. f4 • RyQ,(Ij.'nC GRANTOR, personally appeared before me this day and acknowlcdg6d the execution of the Kregoing instrument. ' IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the :�7 S day of 2020. �µt+'...yN, b t 3 Notary Public C� G U LOzL My commission expires: BK 2690 PG 571 DOC#20094191 Grantor/Seller By:tuc 0-,(, mat -� Print Name: ! CcAe L na-cl I (n NORTH CAROUNA ( OF Iti A - a Notary Public in and for the County and State aforesaid, do hereby certify that IL&C, p R , GRANTOR, personally appeared before me this day and acknowledged the execution nC e foregoing instrument. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the E-5 day of tr+ti 2020. MarR��T �. `apTA'4Y O. Notary Public My commission expires: �- �- ZZ z2- ��• ++r.. C00t0a� BK 2690 PG 572 DOC#20094191 Grantee/Buyer By:. - A oriced Officer Print Name J. Kevin Yates NORTH CAROLINA COUNTY OF a Notary Public in and for the County and State aforesaid, do hereby certify that -' personally appeared before me this day and acknowledged that he/she is the of Member/Manager, of CLEARWATER MITIGATION SOLUTIONS, LLC, a North Carolina Limited Liability Company, GRANTEE, and that by the authority duly given as an act of the limited liability company, the foregoing instrument was signed in its name by its authorized officer and attested by its authorized officer. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the Z i day of 2020. �S Notary Public a My commission expires: �— �� ZL ' f °�aOc �S BK 2690 PG 573 DOC#20094191 EXHIBIT C A tract or parcel of land identified in Deed Book 001856 Page No. 02365, and Parcel Identification Numbers (PIN), 7736822634 within Randolph County Registry. to lz$ v I v �-Jl $* R't M 3dow ads So m am 0 w ft j wah V. cl W: ple: .e CA