20110720 Ver 2_BPDP_20120620

THE JOHN R McADAMS COMPANY, INC
LETTER OF TRANSMITTAL
To Ms Katie Merritt
NCDENR DWQ
512 N Salisbury Street
Raleigh NC 27603
Re Cedar Grove
I am sending you the following item(s)
Date June 19 2012
** FEDERAL EXPRESS
Job No EBX 11070
COPIES DATE NO I DESCRIPTION
2 1 Bank Parcel Development Package
These are transmitted as checked below g'"
❑ As requested JUN 2 0 2012
❑ For your us
® For approval ❑ NR �yrq H
❑ For review and comment ❑
Remarks On behave of the Environmental Banc & Exchange LLC (EBX) EcoEngmeermg is submitting 2
hardcopies of the Draft Cedar Grove Mitigation Site Bank Parcel Development Package (Issued June 15
2012)
Copy to
_ r
Signed
rsranaon K t-incn vt
Senior Project Manager
FOR INTERNAL USE ONLY
® Copy Letter of Transmittal Only to File
❑ Copy Entire Document to File
ENGINEERS PLANNERS SURVEYORS ENVIRONMENTAL
RESEARCH TRIANGLE PARK CHARLOTTE
800 733 5646 wwwjohnrmcadams com

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CEDAR GROVE MITIGATION SITE

Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
Table of Contents
10
Project Location and Description
2
2 0
Project Area Existing Conditions
2
Neuse Buffer Enhancement Area #1
2 1 Geologic & Soil Characteristics
2
Figure 21)
22 Vegetative Communities
4
Bank Parcel Service Area
23 Threatened and Endangered Species
4
Figure 5
24 Cultural Resources
5
FEMA Floodplain / Floodway Exhibit
25 Environmental Issues
5
26 FEMA Floodplain / Floodway Mapping
5
3 0
Proposed Neuse Buffer & Nutrient Offset Restoration Plan
6
4 0
Monitoring and Maintenance Plan
g
5 0
Financial Assurance
9
6 0
Neuse Buffer & Nutrient Offset Mitigation Potential
9
7 0
References
11
Tables
Table 1 Mapped Soils within the Site 3
Table 2 Plant List g
Table 3 Mitigation Credit Summary 10
Appendix A Site Mans
Figure 1
Site Location Map
Figure 2A
Overall Proposed Neuse Buffer & Nutrient Offset Restoration Areas
Figure 2B
Neuse Buffer Enhancement Area #1
Figure 2C
Neuse Buffer Enhancement Area #2
Figure 21)
Neuse Buffer Enhancement Area #3
Figure 3
Bank Parcel Service Area
Figure 4
USGS Quad — Cedar Fork
Figure 5
Orange County Soil Survey
Figure 6
FEMA Floodplain / Floodway Exhibit
Appendix B Site Photographs
Appendix C Agency Correspondence
ME I FFfEcoEngineering
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
10 Protect Location and Description
Located off of McDade Store Road (NCSR 1354) dust northwest of its intersection with Rick
Road in Orange County North Carolina (Figure 1), is the proposed Neuse buffer and nutrient
offset mitigation site currently known as the Cedar Grove Mitigation Site (Site) The Site is
located approximately 0 8 miles southwest of the intersection of McDade Store Road and State
Route 86 and approximately 0 7 miles northeast of the intersection McDade Store Road and
Efland Cedar Grove Road
The tract containing the Site is approximately 1315 acres, which includes area within the right
of way along its frontage of McDade Store Road A conservation easement will protect the Site
and will be approximately 63 acres in size Within the conservation easement existing riparian
areas will be restored and enhanced to generate both Neuse buffer and nutrient offset (nitrogen
and phosphorus) credits In addition the dimension pattern and profile of existing perennial
and intermittent stream channels located within the conservation easement will be restored at the
Site The remaining +/ 68 5 acres not placed within a conservation easement will be developed
as a low density subdivision that will consist of three (3) single family lots that are a minimum
size of 28 acres along with driveways, existing walking trails and other infrastructure (Figure
2A) Please refer to Table 3, below for additional information regarding buffer restoration
buffer enhancement, and nutrient offset credits proposed within this Site
The Site is located within the Upper Falls Lake watershed in the Neuse River Basin (8 digit
USGS HUC 03020201, 12 digit USGS HUC 03020201 0301) more specifically within Neuse
Sub basin 03 04 01 Stormwater runoff from this site drains into the East Fork Eno River
(Stream Index #27 2 3) which is located in the northeastern section of the Site According to
the N C Division of Water Quality Basmwide Information Management System (BIMS), the
East Fork Eno River is classified as WS 11 (Water Supply II) HQW (High Quality Waters) and
NSW (Nutrient Sensitive Waters) The WS 1I classification is for waters used as sources of
water supply for drinking culinary or food processing purposes which are generally in
predominantly undeveloped watersheds HQW is a supplemental classification intended to
protect waters that are rated excellent based on biological and physical /chemical
characteristics while the NSW designation is for Nutrient Sensitive Waters The purpose of
this Site is to improve water quality within the Neuse River Basin specifically the Falls Lake
watershed by providing off site mitigation for development (both existing and proposed)
requiring stream buffer mitigation and nutrient offset credits The proposed Site Service Area is
show in Figure 3
This Site shall be established under the terms and conditions of the EBX Upper Neuse Riparian
Buffer and Nutrient Offset Umbrella Mitigation Bank (Bank) made and entered into by
Environmental Banc and Exchange LLC (EBX) acting as the Bank Sponsor (Sponsor) and the
North Carolina Department of Environment and Natural Resources Division of Water Quality
(DWQ)
2 0 Proiect Area - Existing Conditions
21 Geologic & Soil Characteristics
Based upon review of the United States Geological Survey (USGS) Cedar Fork, North
Carolina Quadrangle, the Site contains low to moderate relief with elevations ranging from ±
670 feet to ± 710 feet The southwestern section of the Site has a topographic gradient that
generally slopes northeast towards the East Fork Eno River, while the northeastern section
generally slopes southwest towards the East Fork Eno River Surface drainage is generally
WRM 2 [jEcoEngneering
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
directed towards the East Fork Eno River located in the northeastern section of the Site
(Figure 4)
The Site is located within the Piedmont Physiographic Province of North Carolina, and more
specifically within the Carolina Slate Belt Ecoregion A review of Ecoregions of North
Carolina and South Carolina (Griffith et al 2002) shows the physiography in the area is
comprised of dissected irregular plains some hills linear ridges and isolated monadocks
with low to moderate gradient streams The geology in the area is comprised of quaternary
to tertiary silty to clayey saprolite Precambrian to Cambrian felsic to mafic metavolcanic
rock metamudstone, and granite
The Soil Survey of Orange County North Carolina (Soil Conservation Service 1977) lists
the soils within the Site as from the Appling Helena Association As stated in the soil survey
these soils can be generally classified as gently sloping with well and moderately well
drained soils which have a surface layer of sandy loam and a subsoil of sandy clay loam,
clay, or sandy clay As described by the online USDA NRCS Official Soil Series
Descriptions (OSD) the specific soils within the Site are shown on Figure 5 and are listed
below in Table 1
Table 1 Mapped Soils within the Site
Soil Type So 1 ologi General Description
Appling sandy
This well drained soil is on broad ridges which are crossed by
Ioam 2 to 6%
intermittent drainage ways The permeability is moderate the
slopes
HSG B
available water capacity is medium and the shrink swell
(ApB)
potential is moderate The seasonal high water table is below a
depth of 72 inches
Appling sandy
This well drained soil is on narrow side slopes which are crossed
loam 6 to 10%
by intermittent drainage ways The permeability is moderate
slopes
HSG B
the available water capacity is medium and the shrink swell
(ApQ
potential is moderate The seasonal high water table is below a
depth of 72 inches
This nearly level somewhat poorly drained soil is on long flat
areas parallel to mayor streams on the flood plains The
Chewacla loam
permeability is moderate the available water capacity is
(Ch)
HSG C
medium and the shrink swell potential is low Depth to the
seasonal high water table is 6 to 18 inches during late winter and
early spring This soil is commonly flooded for brief periods
and is considered hydric
This moderately well drained soil is on broad ridges The
Helena sandy
permeability is slow the available water capacity is low and the
loam 2 to 8%
HSG C
shrink swell potential is high The seasonal high water table is
slopes
below a depth of 60 inches but because of the slow
(HeB)
permeability a perched water table is 12 to 30 inches below the
soil surface during wet seasons
This complex consists of moderately well drained to somewhat
Helena
poorly drained nearly level soils The permeability is
Sedgefield
moderately slow the available water capacity is low and the
sandy loam 0
HSG C/C
shrink swell potential is high The seasonal high water table is
to 2% slopes
below a depth of 60 inches but because of the slow
(HhA)
permeability a perched water table is 18 inches below the soil
surface during wet seasons
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
2 2 Vegetative Communities
Distribution and composition of plant communities throughout the Site reflect landscape
level variations in topography soils hydrology, and past and present land use practices
Historically the majority of the land within the Site was a maintained golf course that
included fairways greenways a club house maintenance buildings driving range water
features (1 a ponds or streams), maintained fields and golf cart paths Natural forested areas
are limited within Site These forested areas have been selectively timbered with much of the
secondary understory cleared Therefore, existing conditions of the Site can be characterized
as a maintained/disturbed land
Field investigations were conducted by EcoEngmeenng to assess vegetative assemblages
within forested areas of adjacent properties located to the south east, and north of the Site
This exercise was conducted to interpret potential vegetative conditions for the Site
According to the North Carolina Natural Heritage Program ( NCNHP) classification system
(Schafale and Weakley 1990) the assessed forested areas would generally be characterized
as a Dry Mesic Oak Hickory Forest Tree species on the adjacent property include various
oak species (Quercus spp ) American beech (Fagus grandifolsa) tulip poplar (Lirsodendron
tulspsfera) various hickory species (Carya spp ) loblolly pine (Psnus taeda), red maple (Ater
rubrum), and sweet gum (Lsquidambar styraciflua) Groundcover and secondary canopy
layer species consist of common greenbriar (Smilax rotundifolia), giant cane (Arundinaria
gigantea) sweet pepperbush (Clethera alnifolsa), Virginia creeper (Parthenocsssus
quinquefolia), American holly (Ilex opaca) red cedar (Juniperus virginsana) various
viburnum species (Viburnum spp ) Christmas fern (Polystichium acrostichosdes), New York
fern (Thelypteris noveboracensis), and netted chain fern (Woodwardia aerolata)
2 3 Threatened and Endangered Species
Some populations of plants and animals are declining because of natural forces or their
inability to coexist with human activity Plants and animals with Threatened or Endangered
status are protected under the Endangered Species Act (ESA) of 1973 (16 US 1531 et seq )
According to the U S Fish and Wildlife Service ( USFWS) web page
(http / /www fws gov /nc es /es /countyfr html) accessed January 13 2012) there are four (4)
endangered species (red cockaded woodpecker (Picoides borealis), dwarf wedgemussel
(Alasmidonta varicosa) Michaux s sumac (Rhus michauxis) and smooth coneflower
(Echinacea laevsgata)) and 12 federal species of concern (American eel (Anguilla rostrata)
Carolina darter (Ethrostoma collis lepidinson) Roanoke bass (Amblophtes cavirons)
Atlantic pigtoe (Fusconaia masons), brook floater (Alasmidonta varicosa) green floater
(Lasmigona subviridis) savannah lilliput (Toxolasma pullus) yellow lampmussel (Lampsilis
cariosa) butternut (Juglans cinerea) creamy tick trefoil (Desodium ochroleucum) sweet
pinesap (Monotropsss odorata) and Torrey s mountain mint (Pycnanthemum torrei))
potentially occurring in Orange County The bald eagle (Haliaeeletus leucocephalus) is also
listed as occurring in Orange County and is protected under the Bald and Golden Eagle
Protection Act (BGPA) (16 US 668 668d) In addition a review of the NCNHP database of
documented occurrences (http //www ncnhp org /Pages/hentagedata html accessed January
13, 2012) revealed the historical presence of two (2) state listed species (Carolina ladle
crayfish (Cambarus davidi) and sweet pmesap) as potentially occurring within a two (2)
mile radius of the Site
Correspondence was submitted on January 31 2012 by EcoEngineering to the NCNHP,
USFWS and the North Carolina Wildlife Resource Commission (NCWRC) requesting
information regarding natural heritage resources and threatened and endangered species
Formal correspondence with each of these agencies can be found in Appendix C of this
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
report In summary NCNHP and NCWRC do not have records of natural heritage resources
or records of threatened and endangered species within the Site and the USFWS provided an
opinion stating the proposed restoration activities are not likely to adversely affect any
federally listed endangered species or threatened species their formally designated critical
habitat or species currently proposed for listing under the Act at these sites However,
NCWRC stated there are records for the state threatened creeper (Strophitus undulatus) and
state special concern notched rainbow (Villosa constricta) in East Fork Eno River
To address the anticipated concerns noted by correspondence received from the regulatory
agencies, EcoEngineenng conducted field surveys on January 16, 2012 by walking transects
within the proposed Site parcel area to determine the presence of federally Threatened or
Endangered species There were no federally Threatened or Endangered species observed
during the field surveys and the work inherent in restoring stream and riparian buffers does
not result in habitat destruction or modification for the above listed species Therefore it is
reasonable to conclude the proposed work will have no effect on Threatened and Endangered
species
2 4 Cultural Resources
A review of the N C State Historic Preservation Office (SHPO) HPOWEB GIS Service
database (http / /gis ncdcr gov/hpoweb/ accessed January 13 2012) was also conducted as
part of site due diligence According to their website HPOWEB has current location data
for all National Register listings, most Study List entries and Determinations of Eligibility
and surveyed rural properties for many counties Based on the review no listings are located
within the proposed Site parcel However there are 16 properties that have been surveyed
within a one mile radius of the Site Of the 16 properties three (3) are on the study list
(Captain John S Pope House 2010 — OR 1029 Willy Woods McDade Farm 1993 — OR
1035 and Rosie Wrenn House 1993 — OR 0685) There are no properties listed on the
HPOWEB GIS service that fall under the National Register or Determined Eligible
classification within one male of the Site although there are properties shown on the National
Register and Determined Eligible listings within a two male radius
Correspondence was submitted on January 31, 2012 to SHPO requesting information
regarding architectural and archaeological resources associated with the proposed Site In
summary correspondence was received on March 5 2012 from SHPO explaining that there
is no need to conducted cultural resource surveys at the Site This correspondence can be
found in Appendix C
2 5 Environmental Issues
Preliminary data was obtained from Environmental Data Resources Inc (EDR) regarding
the potential for on site or nearby sources of contamination EDR maintains an updated
database of current and historical sources of contamination All storage tanks whether
above ground or underground are identified as well as superf ind sites landfalls hazardous
waste sites and other potential hazards According to EDR records, the Site is not lasted in
any of the databases searched by EDR In addition there are no federal or state records
within the required search distances of the Site
26 FEMA Floodplain /Floodway Mapping
As previously noted the East Fork Eno River is located within the northeastern section of the
Site Figure 6 shows the Site and the floodplain limits taken from FEMA FIRM Panel
3710985800J (effective February 2 2007) According to the effective FEMA FIRM panel
and the Flood Insurance Study (FIS) for Orange County this section of the East Fork Eno
5 FEJ]EcoEngineering
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
River is currently defined as a Special Flood Hazard Area (SFHA) This particular section of
the East Fork Eno River has been studied by limited detailed methods and contains non
encroachment areas in lieu of a delineated floodway on the FIRM panel It is anticipated that
activities within the non encroachment areas will be limited much like those within a
delineated floodway and will be subject to the local Orange County floodplain management
ordinance that meets the requirement of 44 CFR 60 3(c)(10) Per 44 CFR Ch I §60 3 when a
regulatory floodway has been designated the community shall prohibit encroachments
including fill new construction substantial improvements and other development within the
adopted regulatory floodway unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice that the
proposed encroachment would not result in any increase to flood levels within the community
during the occurrence of the base flood discharge Since the proposed stream restoration
project along East Fork Eno River will require construction within non encroachment areas
one of the following options must be chosen
❑ A Conditional Letter of Map Revision (CLOMR) request for the affected Flood
Insurance Rate Map (FIRM) panels followed by a Letter of Map Revision
(LOMR) request at the completion of construction This series of requests will
formally update the FEMA FIRM panels to show the effects of the proposed
project and will require approval by Orange County and FEMA
❑ A no rise calculation package showing that the proposed project will not cause
a rise in 100 year floodplam elevations floodway elevations or floodway widths
throughout the entire length of the studied stream This option will not require a
submittal to FEMA It will only require local approval by Orange County
Impacts to the floodplam and floodway are anticipated as part of the proposed restoration
activities However the design of this restored section of stream is expected to maintain or
decrease current flood elevations The need for a CLOMR/LOMR or a no rise certification
will be addressed during final design of the proposed stream restoration of the portions of
East Fork Eno River occurring within the Site
3 0 Proposed Neuse Buffer & Nutrient Offset Restoration Plan
Maintained/disturbed and cultivated lands located outside forested areas within the Site will be
considered for Neuse buffer restoration for areas within 50 feet of the stream bank and nutrient
offset restoration for areas located 50 feet to 200 feet from the stream bank These areas will be
ripped and scanfied prior to vegetation planting activities The established microtopography on
leveled surfaces will promote diffuse flow and surface water storage In addition subsurface
hardpans will be eliminated to promote vegetation growth/survival and to increase groundwater
recharge rates Existing grasses may be treated with herbicide to reduce competition with
planted species Where necessary invasive species will also be treated with herbicide to ensure
they do not become dominant or hinder the establishment growth and survival of planted
vegetation It is important to note the Bank Sponsor may elect to use the initial 50 feet on each
side of the stream bank as either Neuse buffer or nutrient offset restoration, but not both
As mentioned in Section 2 2 natural forested areas are limited within many areas of the Site
These forested areas have been selectively timbered with much of the secondary understory
cleared Based on initial discussions with DWQ staff, Neuse buffer enhancement will be
considered for those forested areas that are within 50 feet of the stream, but lacking adequate
stem counts Neuse buffer enhancement is defined as the process of converting a sparsely woody
vegetated area (greater than or equal to 100 trees per acre but less than 200 trees per acre that are
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
greater than or equal to five inches dbh for trees and greater than two feet in height for shrubs) to
a forested riparian buffer area (State of North Carolina Requests For Proposals November 16
2011) Nuisance and exotic vegetation are not included in the stem count The areas proposed
for enhancement are shown on Figures 2A — 2D As noted in NCEEP guidance, enhancement
areas are credited at a ratio of 3 1 (i e for every three (3) acres of enhancement 1 acre of credit
is generated) The existing trees and shrubs within the proposed enhancement areas within the
Site have been surveyed by EcoEngineering and the tree locations along with densities are
shown in Figures 2B — 2D
The proposed riparian planting plan will be developed by integrating native plant species
observed within the Site and adjacent property in addition to selected species known to inhabit a
Dry Mesic Oak Hickory Forest community type as described in Classification of the Natural
Communities of North Carolina (Schafale and Weakley, 1990) and procedures outlined in
Guidelines for Riparian Buffer Restoration (NCEEP 2004) to institute species diversity The
restored and enhanced riparian zones will be planted with bare root seedlings or containerized
material Bare root seedlings or containerized material will be planted during the fall or early
spring season Supplemental planting will be utilized until the required densities have been
achieved and maintained for five years
The planting plan for Neuse buffer and nutrient offset restoration areas will consist of individual
tree species as listed in the Table 2 below For those areas the goal is to plant 436 to 681 trees
per acre with an approximate 8 foot to 10 foot spacing Plant composition will consist of at a
minimum of at least six (6) of the tree species For areas specified as Neuse buffer enhancement
areas on Figure 2 the planting plan shall include a minimum of at least two native hardwood
trees species In both instances restoration and enhancement, planting is required such that a
density sufficient to provide an average of 320 trees per acre following five years of successful
monitoring at the Site
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
Table 2 Plant List
Scientif a Name
Common Name
Trees
Fraxinus pennsylvanica
_ green ash
Platanus occidentahs
_ sycamore
M
_Quercus pagoda
chenybark oak
Betula nrgra
river birch
__
nra
water oak_
.Quercus
_ .Quercus lyrata
O
_
_ overcup oak
uercus michauxii
_ swamp chestnut oak
Quercus phellos
willow oak
_Quercus laurtfoha
laurel oak_ u
Ulmu_s americaha
_
Amencan Elm
— L_iriodendron tulip {Vera
tulip poplar_
Carya glabra
_
pignut hickory W
__
Cary a ovata
shagbark hickory
Carya tomentosa
_ _
mockernut hicks
Fagus grandi ha
American beech W
_
Small Trees_ ��
Cornusflorida
flowenng dogwood W
Cercis Canadensis
eastern redbu_d
Asimina triloba
_ pawpaw
Symplocus tinctoria
horse sugar sweetleaf y
Carpinus carohniana
ironwood
sweet ba
,ny serviceberry, shadbush
eastern red cedar
composition may be adjusted based on
Temporary and permanent native herbaceous seed will be applied simultaneously to existing
grass areas located outside forested areas within the Site Temporary seed will provide cover
until the permanent seed becomes established Temporary cover will consist of millet
(Echinochloa crusgalh) annual rye grain (Secale cereale) and crimson clover (Trafohum
incarnatum) Permanent ground cover will consist of switchgrass ( Panacum virgatum),
deertongue (Panacum clandestinman) black eyed Susan (Rudbeckia hirta) and riverbank
wildrye (Elymus riparius)
4 0 Momtorini! and Maintenance Plan
The Site will be monitored for five (5) consecutive years or until the required success criteria has
been met as determined by DWQ Monitoring activities will begin immediately following the
completion of planting in order to alleviate any potential problems as they occur If necessary
supplemental planting and additional site modifications will be implemented Planting of the
Site is anticipated to occur in the Fall /early Winter of 2012 Therefore the riparian
restoration/enhancement will be monitored the following growing season projected to be in the
late summer and early fall (August October) of 2013 First monitoring data shall not be
measured less than five (5) months after completion of initial planting DWQ will be notified
when planting is to occur within Site A monitoring report will be submitted annually to DWQ
no later than December 31 of each monitoring year describing the conditions of the Site and
relating those conditions to the success criteria Monitoring activities will follow the terms and
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
conditions of the EBX Upper Neuse Riparian Buffer and Nutrient Offset Umbrella Mitigation
Bank made and entered into by EBX acting as the Bank Sponsor and the DWQ
The Site will contain 12 vegetative monitoring plots which will be monitored in general
accordance with the CVS EEP Protocol for Recording Vegetation (CVS EEP v4 2) Ten (10)
by ten (10) meter square plots will be permanently established following completion of the
planting phase and at least two opposing corners will be permanently installed and surveyed for
future use The plant species, density, survival rates and the cause of mortality, if identifiable
will be recorded within each plot Vegetation plots will be sampled and reported annually The
primary focus of the vegetative monitoring will be solely on the tree stratum, although shrub and
herbaceous species encountered may also be recorded
Within Neuse buffer and nutrient offset restoration areas success criteria will be based on the
survival of a minimum density of 320 trees per acre after five years of monitoring Within Neuse
buffer enhancement areas, success criteria will be based on a minimum of at least two tree
species at an average density of 320 trees per acre (to include both planted and existing trees)
following five years of monitoring Vegetation monitoring will occur between late summer and
early fall (August October) A determination will be made regarding the success of the project
following the collection and evaluation of ecological and physical monitoring data, photographs
and site observations
5 0 Financial Assurance
EBX agrees to provide financial assurances for this Site in accordance with the terms and
conditions of the EBX Upper Neuse Riparian Buffer and Nutrient Offset Umbrella Mitigation
Bank made and entered into by EBX acting as the Bank Sponsor and the DWQ
Following approval of the Bank Parcel Development Package (BPDP), the Bank Sponsor shall
provide a Performance Bond from a surety company that is rated no less than an A rated by
A M Best The Performance Bond amount shall be 100% of the estimated cost for
implementation of the buffer restoration project as described in the approved BPDP but not less
than $150 000 00 Alternatively in lieu of posting the Performance Bond the Bank Sponsor
may elect to construct the project prior to the first credit release After completion of the
restoration/construction a separate Performance /Maintenance Bond will be secured for 100% of
the estimated cost to implement the monitoring and maintenance plan not less than $100,000 00
The Performance/Maintenance Bond shall be in effect for a minimum of five years, and until
DWQ has released all mitigation credits to the Bank Sponsor Upon DWQ approval this may be
lowered each year based on the adjusted cost to complete the monitoring
6 0 Neuse Buffer & Nutrient Offset Mitigation Potential
The Cedar Grove Site will provide Neuse buffer and nutrient offset mitigation credits for
development impacts within the Neuse River Basin USGS HUC 03020201 specifically the Falls
Lake watershed (Figure 3) Of the 63 40 acres conservation easement (Figure 2A)
approximately 43 39 acres will be dedicated to Neuse buffer restoration / enhancement and
nutrient offset restoration A Neuse buffer restoration area of 14 83 acres will be used to
generate 14 83 acres of Neuse buffer credits A Neuse buffer enhancement area of 1 10 acres will
be used to generate 0 37 acres (enhancement area divide by 3) of Neuse buffer credits
Therefore, a total of 15 20 acres of Neuse buffer credit will be generated The remaining 27 46
acres of riparian restoration area within the Site (i a areas outside of the Neuse buffer) will
provide nutrient offset credits for nitrogen and phosphorus The Site will provide 62 417 13
pounds of Nitrogen Nutrient Offset credit and 4,020 15 pounds of Phosphorous Nutrient Offset
credit The exact amount of nutrient offset mitigation potential (currently based on 2 273 02 lbs
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
of nitrogen/ac and 146 4 lbs of phosphorous /ac of riparian restoration) will be included In the As
Built Report and on the corresponding Bank Ledger
Table 3, below, provides a summary of mitigation credit for the Site
Table 3 Mingation Credit Summary
NEUSE
BUFFER RESTORATION /ENHANCEMENT
Conservation Area
Neuse River Buffer (Acres)
Restoration
Enhancement
1
144
000
2
279
084
3
1060
026
TOTAL ACERAGE
1483
110
RATIO
11
31
TOTAL CREDITS
1483
037
NUTRIENT OFFSET RESTORATION
Conservation Area
Nutrient Offset
Restoration (Acres)
Nitrogen Credit
(2 273 02 lbs /ac )
Phosphorus Credit
(146 4 Ibs /ac)
1
282
6 409 92
41285
2
714
16 229 36
104530
3
1750
1 39 777 85
256200
TOTAL
2746
1 62 417 13
4 020 15
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
7 0 References
Endangered Species Threatened Species Federal Species of Concern and Candidate Species
Orange County North Carolina United States Fish and Wildlife Service Available at
internet site liq / /www fws gov /nc es /es /countyfr html Accessed January 13, 2012
Environmental Data Resources Inc The EDR Radius MapTM Report with GeoCheck® Inquiry
Number 3248471 2s January 31 2012
Griffith G E Omernik, J M Comstock, J A, Schafle M P McNab W H, Lenat D R,
MacPherson T F Glover J B and Shelburne, V B 2002 Ecoregions of North Carolina
and South Carolina (color poster with map, descriptive text summary tables, and
photographs) Reston Virginia, U S Geological Survey (map scale 1 1 500 00)
Heritage Data North Carolina Natural Heritage Program Available at internet site
http / /www nenhp org/Pages/heritagedata html Accessed January 31, 2012
Lee Michael T, Peet Robert K, Roberts Steven D, and Wentworth Thomas R 2008 CVS EEP
Protocol for Recording Vegetation Level 1 2 Plot Sampling Only Version 4 2
North Carolina Ecosystem Enhancement Program (NCEEP) 2004 Guidelines for Riparian
Buffer Restoration Available at internet site
hqp / /www nceep net/news /reports/buffers pdf Accessed January 31 2012
North Carolina Historic Preservation Office HPOWEB GIS Service North Carolina Historic
Preservation Office Available at internet site hqp Hgis ncdcr og v/hpoweb/ Accessed
January 31 2012
Schafale MP and AS Weakley 1990 Classification of the Natural Communities of North
Carolina Third Approximation North Carolina Natural Heritage Program, Division of
Parks and Recreation, Department of Environment and Natural Resources Raleigh,
North Carolina
State of North Carolina Requests For Proposals November 16 2011 Full Delivery Projects to
Provide Stream Riparian Wetland and Riparian Buffer Mitigation Within the Targeted
Local Watershed for Cataloging Unit 03030002 of the Cape Fear River Basin as
Described in the Scope of Work, RFP# 16 004357
United States Army Corp of Engineers (USACE), 2033 April 2003 Stream Mitigation
Guidelines
United States Department of Agriculture Natural Resources Conservation Service Official Soil Series
Description (OSD) with Series Extent Mapping Capabilities Available at internet site
hqp / /soils usda gov /techmcal/classification/osd/mdex html Accessed January 31 2012
United States Department of Agriculture, Soil Conservation Service Soil Survey of Orange County,
North Carolina 1977
United States Geological Survey 7 5 Mmute, Topographic Map of the Cedar Fork, North Carolina
Quadrangle 1967
11 ®EcoEngineering
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
APPENDIX A
Site Maps
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PROJECT NO. EBX -11070 CEDAR GROVE
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DATE' 6 -15 -12 ORANGE COUNTY, NORTH CAROLINA
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Cedar Grove Mitigation Site- USGS HUC 03020201
Bank Parcel Development Package • Orange County, North Carolina • June 2012
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Cedar Grove Mitigation Site- USGS HUC 03020201
Bank Parcel Development Package • Orange County, North Carolina • June 2012
Picture 1: East Fork Eno River — Facing Southeast
Picture 2: UT 1 — Facing southwest Towards East Fork Eno
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Bank Parcel Development Package • Orange County, North Carolina • June 2012
Picture 3: UT3 - Facing Northeast
Picture 4: UT2 - Facing Northeast
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Cedar Grove Mitigation Site USGS HUC 03020201
Bank Parcel Development Package Orange County North Carolina June 2012
APPENDIX C
Agency Correspondence
25 F4-]EcoEngineering
Environmental Banc & Exchange LLC A a � Me Jotm R McAdmmc Cmpn i
W11

Beverly Eaves Perdue
Governor
y�r
.r 'i I �F
North Carolina Department of Environment and
Office of Conservation, Planning, and Community Affairs
Linda Pearsall
Director
rebi nary 8 2012
Mr George Buchholz
EcoFngineci mg
P O Box 14005
Research Ti Tangle Park NC 27709
Subject Cedar Grove Mitigation Bank — Initial Project Review Orange County
FBX 11070
Dear Mi Buchholz
Dee Freeman
Secretary
The Natural Heritage Program has no record of rare species significant natural communities significant natural hei stage
areas or conservation /managed areas at the project site nor within a mile of the protect area Roughly a milt, to the
southeast is Cedar Grove Park administered by Orange County Although our maps do not show records of such natural
heritage elements in the protect area it does not necessarily mean that they are not present it may simply mean that the
area h -is not been surveyed The use of Natural Heritage Program data should not be substituted for actu'rl field surveys
particular ly if the project area contains suitable habitat for rare species significant natural communities or prior rty natural
ar eas
You may wish to check the Natural Heritage Program database websrte at www ncnhp org for a listing of rare plants and
animals and significant natural communities in the county and on the quad map Our Program also has a new websrte that
allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a
given location <http / /nhpweb enr state ne us /public /virtual— workroom phtml> The user name is guest and the
password is your a mad address (see instructions on log in screen) You may want to click Help for more information
Please do not hesitate to contact me at 919 707 8603 if you have questions or need further information
Sincerely
Va - -7 2
HarryE LeGrand Jr Zoologist
Natural Heritage Program
Mailing address 1601 Mad Service Center Raleigh North Carolina 27699 -1601
Location 217 W Jones Street, Raleigh NC 27604
Phone [phone] Webpage www oneNCNaturally org
An Equal Oppoduray %AIGrratNe Action Employer
No hCarolina
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10 North Carolina Wildlife Resources Commission o,'----
Gordon Myers Executive Director
16 February 2012
Mr George Buchholz
EcoEngmeenng
P O Box 14005
Research Triangle Park NC 27709
Subject Cedar Grove Mitigation Bank Initial Project Review Orange County North Carolina EBX 11070
Dear Mr Buchholz
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
information and we are familiar with the habitat values of the area Our comments are provided in accordance
with provisions of the Fish and Wildlife Coordination Act (48 Stat 401 as amended 16 U S C 661 667e) and
North Carolina General Statutes (G S 113 131 et seq )
A request for information has been made regarding threatened or endangered species that may be associated
with the proposed Cedar Grove Mitigation Bank site The site would include stream and riparian buffer mitigation
and a low density residential development There are no jurisdictional wetlands six jurisdictional ponds and
seven jurisdictional stream features within the proposed mitigation bank
The site includes East Fork Eno River and its tributaries in the Neuse River basin There are records for
the state threatened creeper (Strophitus undulatus) and state special concern notched rainbow (Villosa constricta)
in East Fork Eno River Although we do not have any records for threatened or endangered aquatic or terrestrial
wildlife species within proposed mitigation bank site boundaries, an on site survey is the only definitive means to
determine whether the proposed project would impact threatened or endangered species We suggest you consult
with the U S Fish and Wildlife Service at [phone] to ensure that any issues related to federally listed
species are addressed
If we can provide further assistance please contact our office at [phone] or
shan bryant@ncwildlhfe org
Sincerely
'AK6-�Izt�
Shari L Bryant
Piedmont Region Coordinator
Habitat Conservation Program
Mailing Address Division of Inland Fisheries 1721 Mail Service Center Raleigh NC 27699 1721
Telephone [phone] • Fax [phone]

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh yield Office
Post Office Box 33726
Raleigh North Carolina 27636 3726
February 16 2012
George Buchholz
EcoEngineering
PO Box 14005
Research Triangle Park, NC 27709
Re Cedar vrove Mitigation Bank Orange County NC
Dcai Mr Buchholz
This letter is to inform you that a list of all federally protected endangered and threatened species
with known occurrences in North Carolina is now available on the U S Fish and Wildlife
Service s (Service) web page at http / /www fws gov /raleigh Therefore if you have projects that
occur within the Raleigh Field Office's atea of responsibility (see attached county list) you no
longer need to contact the Raleigh Field Office for a list of federally piotected species
Our web page contains a complete and fiequently updated list of all endangered and thteatened
species protected by the provisions of the Endangered Species Act of 1973 as amended (16
U S C 1531 et seq )(Act) and a list of tederal species ofconceint that aie known to occur ni
each county in North Carolina
Section 7 of the Act requites that all federal agencies (or their designated non federal
repiesentative), in consultation with the Service, insure that any action fedetally authorized,
funded or carried out by such agencies is not likely to jeopardize the continued existence of any
federally listed endangered of threatened species A biological assessment or evaluation may be
prepared to''uifill ilidt icquiiernent -ind ir, detcrm m g .hetl,er additional consultation with the
Service is necessary In addition to the federally protected species list information on the
species life histories and habitats and information on completing a biological assessment of
evaluation and can be found on out web page at http / /www fws gov /raleigh Please check the
web site often for updated information or changes
I Tlie term 'federal species of concern refers to those species which the Service believes might be in need of
concentrated conservation actions Federal species of concern receive no legal pi otection and their designation does
not necessarily imply that the species will eventually be proposed for listing m t federally enda%ered of thteatened
species Howevei we recommend that all practicable measures betaken to dvoid of miiumiLC adverse impacts to
federal species of concern

If your project contains suitable habitat for any of the federally - listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys
If you determine that the proposed action may affect (i a likely to adversely affect or not likely
to adversely affect) a federally protected species, you should notify this office with your
determination, the results of your surveys survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species If you determine that the proposed
action will have no effect (1 e , no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared) However you should maintain a complete 1ecord
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment habitat conditions, site photographs and any other related articles
With regard to the above referenced project, we offer the following iemaiks Our comments are
submitted pursuant to, and in accordance with provisions of the Endangered Species Act
Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally listed endangered or threatened species then
formally designated critical habitat, or species currently proposed for listing uncle► the Act at
these sites We believe that the requirements of section 7(a)(2) of the Act have been satisfied foi
your project Please remember that obligations under section 7 consultation must be
reconsidered if (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species Aquatic resources are highly susceptible to sedimentation Therefoie we
iecommend that all practicable measures be taken to avoid adverse impacts to aquatic species
including implementing directional boring methods and stringent sediment and erosion control
measures An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources Land Quality Section prior to construction
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down gradient surface waters In addition we recommend maintaining
natural vegetated buffers on all streams and creeks adjacent to the project site
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http / /www fws gov /raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary)
tj

We hope you find our web page useful and informative and that following the process described
above will reduce the time required and eliminate the need, foi general correspondence for
species' lists If you have any questions or comments, please contact John Ellis of this office at
[phone] ext 26
Sincerely,
1 k UA OW
Pe Benjamin
F eld Supe►visot
3

List of Counties in the Service's Raleigh Field Office Area of Responsibility
Alamance
Beaufort
Bertie
Bladen
Brunswick
Camden
Carteret
Caswell
Chatham
Chowan
Columbus
Craven
Cumberland
Currituck
Dare
Duplm
Durham
Edgecombe
Franklin
Gates
Granville
Gieene
Guwlfocd
Halifax
Harnett
Hertford
Hoke
Hyde
Johnston
Jones
Lee
Lenoir
Martin
Montgomery
Moore
Nash
New Hanover
Northampton
Onslow
Orange
Pamlico
Pasquotank
Pendei
4
Pei quimans
Person
Pitt
Randolph
Richmond
Robeson
Rockingham
Sampson
Scotland
Tyrrell
Vance
Wake
Wan en
Washington
Wayne
Wilson

.
North Carolina Department of Cultural
State Historic Preservation Office
Itamon't M Bartos Admmtstritor
Biwed c Perdue Lats enluc Vo entor
Linda 1 Clrlisle Secretary
Jeffrey J Crow D, puty Secretary
F'cbruzry 9, 2012
George Buchholz
EcoEngineering
PO Box 14005
Research Mangle Palk NC 27709
Re Ced it Grove Mitigation Bank EBX 11070 Orange County ER 12 0178
Dear Mt Buchholz
Offci of Archives and I listory
Division off Itstorical Resources
David WooL Director
Thank you fol, your letter of January 31 2012, concerning the above cited project We have reviewed the
information and offer the following comments
There are no recorded archaeological sites within the proposed mitigation bank project area However, given
the topographic and hydrologic features found on the property there is a high probability for the presence of
Native American archaeological sites
We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and
evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project
Potential effects on unknown resources must be assessed prior to the initiation of construction activities
Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms
should be forwarded to us for review and comment as soon as they are submitted by the consulting
archaeologist and well in advance of any construction activities
A list of archaeological consultants who have conducted or expressed an interest in contract work in North
Catohna is available at www archaeology ncdcrgov /ncarch /reso trap /cQns ltants him llie archaeologists
listed or any other experienced archaeologist may be contacted to conduct the recommended survey
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
Location 109 East Jones Street Raleigh NC 27601 Marling Address 4617 Mail Scn we Cent Raleigh NC 27699 -4617 Telephone /Fax [phone] -659)

Thank you for your cooperation and consideration If you have questions concerning the above comment,
Please contact Renee Gledhill Earley environmental review coordinator, at 919 807 6579 In all future
communication concerning this project please cite the above referenced tracking number
Sincerely,
c
, a'Ramona M Barto%

L'
North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona 11 Bartos ldmtm tutor
Be%erly I arcs I erduc ( o,. cmor
I nda A l adtsle Secretary
Jeffrey J ( rou Deputy Secretary
March 5 2012
George Buchholz
EcoEngineenng
PO Box 14005
Research Triangle Park NC 27709
Re Cedar Grove Mingatlon Bank EBX 11070 Orange County ER 12 0178
Dear Mr Buchholz
Office f Archm s ind 1 hstory
I)n tston of I Itstoncal Rcsources
Da%id Brook Director
Thank you for your email of February 16, 2012 providing additional information concerning the proposed
Cedar Grove Mitigation Bank in Orange County
Given that the past land use of the parcel was that of a golf course it is likely that any archaeological resources
that may have been present have been destroyed or at least greatly disturbed We therefore withdraw our
earlier recommendation for an archaeological survey of the proposed project area In future please send us as
much information as is available concerning the past land use of project areas and the types of activities
involved in mitigation
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
please contact Renee Gledhill Earley environmental review coordinator at 919 807 6579 In all future
communication concerning this project please cite the above referenced tracking number
Sincerely
6zeRamona M Bartos
Location 109 1 ast)ones Street Rate gh NC 27601 Mailing Address 4617 Mail Scn c ( cut Raleigh NC 276994617 Telephone /Fax PI 9) 807 6570/807 6599

WA
WEEN�
R
N orth Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waluld PE Dee Freeman
Governor Director Secretary
June 15, 2012
Tommy Cousins
EBX
909 Capability Drive Suite 3100
Raleigh, NC 27606
NBRRO#12 -099
Orange Cousny
Determination Type
Buffer Cali
isolated or EIP Call
® Neuse (15A NCAC 26 0233)
Stop Q
Soil Survey
❑ EphemereVintermittent(Perennial Determination
❑ Tar - Pamlico (15A NCAC 213 0259)
❑ Isolated Wetland Determination
[:]Jordan (15A NCAC 26 0267)
throu out
Project Name
Cedar Grove Golf Course
Location/Directions West of McDade Store Road
Subject Stream UT to Fast Fork Eno River, and East Fork Eno River
Date of Determmation 2/16/12
Feature
Not
Subject
Subject
Start ad
Stop Q
Soil Survey
USGS Topo
A
X
throu out
X
X
B
X
X
X
C Fork Eno
X
throughout
X
X
D (portion piped)*
X
Point D
culvert
X
E (pi)ed)*
X
Off site
At property
boundary
X
X
F (piped)*
X
Off site
At property
boon
X
G
X
Point G
culvert
X
X
H *
X
X
Pond A
X
X
X
Pond B
X
X
X
Pond C
X
X as stream
X as stream
Pond D* I
X
X as stream
X as stream
Pond E I
X
X
I X
*Stream feature has been piped or is a pond that has been detemuned to be Not Subject but has potential for
buffer mitigation if stream is restored )ft'
North Carolina Dimon of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Irrtetraet mwrawaterqua4 org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An EqW OWwhWAf mgft Acton Ems- SD% RegdeMD% Post Cmuw Paper

Orange County
Page 2 of 2
Explanation The feature(s) listed above has or have been located on the Soil Survey of Orange County North
Carolina or the most recent copy of the USGS Topographic map at a 124 000 scale Each feature that is checked
`Not Subject" has been determined not to be a stream or is not present on the property Features that are checked
`Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality
This on -site determination shall expire five (5) years from the date of this letter Landowners or affected
parties that dispute a determination made by the DWQ or Delegated Focal Authority may request a
determination by the Director An appeal request must be made within sixty (60) days of date of this letter
or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter
A request for a determination by the Director shall be referred to the Director in writing clo Karen Higgins,
DWQ WeBSCAPe Uni4 1650 Mail Service Center, Raleigh, NC 27699
If you dispute the Director's determination you may file a petition for an administrative hearing. You must
file the petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice
of decision A petition is considered filed when it a received in the Office of Administrative Hearings
during normal office boors. The Office of Administrative Hearings accepts filings Monday through Friday
between the hours of 8 00 am and S 00 pm, except for official state holidays. To request a hearing, send the
original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699 -6714 The petition may also be faxed to the attention of the Office of Administrative
Hearings at (919) 733 -3478, provided the original and one (1) copy of the document is received by the Office
of Administrative Hearings within five (5) days following the date of the fax transmission A copy of the
petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General
Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601
This determination is final and binding unless, as detailed above, you ask for a bearing or appeal within
sixty (60) days
The owner /future owners should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 4041401 Permit for the proposed activity Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919 )6.733 -1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919 )-5544884
Respectfully
1
Lauren Witherspoon
Environmental Senior Specialist
cc WeBSCaPe —1650 Mail Service Center
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