20141149 Ver 9_Final Benton Branch BPDP_Nov_2017_20171102

Bank Parcel Development Plan
Benton Branch Bank Parcel
DWR#
Pursuant to:
Restoration Systems' Phase One Haw River WS Umbrella Banking Instrument for
Riparian Buffer and Nutrient Offset Mitigation Credits
Axiom Environmental, Inc.
PREPARED BY:
RESTORATION SYSTEMS, LLC
1101 HAYNES STREET, SUITE 211
RALEIGH, NORTH CAROLINA 27604
AND
AXIOM ENVIRONMENTAL, INC.
218 SNOW AVENUE
RALEIGH, NORTH CAROLINA 27603
November 2017

Benton Branch Parcel Development Plan
Restoration Systems' Phase One Haw River WS Umbrella Banking Instrument
Restoration Systems (Sponsor) is pleased to provide this Bank Parcel Development Plan (BPDP) for the
Benton Branch Bank Parcel (Parcel), proposed as part of the Restoration Systems' Phase One Haw River
WS Umbrella Banking Instrument (Banking Instrument) signed October 25'x', 2017 between Restoration
Systems, and the North Carolina Division of Water Resources (DWR). Per the Jordan Lake Water supply
Nutrient Strategy, Consolidated Mitigation Rule, and Nutrient Offset Payments (15A NCAC 02B .0267,
15A NCAC 02B .0268, 15A NCAC 02B.0295, & 15A NCAC 02B.0240), this Parcel is designed to provide
riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development within the
Haw River Sub -watershed of Jordan Lake in the Cape Fear River Basin. Supporting figures are included
in Appendix A.
The Parcel was evaluated on January 16', 2015 by Sue Homewood of the NC DWR. Ms. Homewood's
evaluation was part of an inter -agency review, including the US Army Corps of Engineers, to determine if
stream features located within the site are applicable to provide compensatory stream mitigation under
Restoration Systems' Cape Fear 02 Phase One Umbrella Banking Instrument, (Benton Branch USACE
Action ID SAW -2015-01701). Riparian areas adjacent to features within the parcel providing compensatory
mitigation for stream impacts, will be restored and provide riparian buffer mitigation and nutrient off -set
credit. This BPDP provides the Parcel details, restoration activities, monitoring, proposed credit generation,
and long-term management.
Benton Branch. Bank Parcel Development Plan Executive Summary

Table of Contents
1.0
Introduction.........................................................................................................................................1
1.1 Parcel Location........................................................................................................................
2
1.2 Parcel Overview.......................................................................................................................2
2.0
Project Area - Existing Conditions.....................................................................................................
3
2.1 Physiography...........................................................................................................................
3
2.2 Soils.........................................................................................................................................
3
2.3 Vegetation................................................................................................................................3
2.4 Threatened and Endangered Species.......................................................................................
4
2.5 State Listed Species.................................................................................................................
4
2.6 Environmental, Cultural, and Site Constraints........................................................................
4
2.7 FEMA Floodplain/Floodway Mapping...................................................................................
5
3.0
Riparian Restoration, Enhancement, and Preservation Plan...............................................................
5
3.1 Riparian Area Restoration Activities.......................................................................................
5
3.2 Riparian Buffer Enhancement via Cattle Exclusion Activities ................................................
6
3.3 Riparian Buffer Preservation Activities...................................................................................
8
3.4 Marsh Treatment Area.............................................................................................................
8
3.5 Credit Release Schedule..........................................................................................................
8
4.0
Monitoring and Maintenance Plan......................................................................................................
8
4.1 Monitoring Protocol.................................................................................................................
8
4.2 Parcel Maintenance..................................................................................................................
9
4.3 Long Term Management Plan.................................................................................................
9
4.4 Easement Boundaries and Fencing..........................................................................................
9
5.0
Financial Assurance..........................................................................................................................10
6.0
Mitigation Potential...........................................................................................................................10
7.0
References.........................................................................................................................................12
Appendices
Appendix A. Supporting Materials
Figure 1. Parcel Location & Service Area
Figure 2. NRCS Overview
Figure 3. USGS 1:24000 Topographic Map
Figure 4. Historic Conditions Plan View
Figure 5. Restoration Plan
Figure 6. Credit Determination
Figure 7. Credit Determination TOB -29 Feet
Figure 8. Potential Conversion of Wetland Credits to Riparian Buffer Credits
NCDWR Stream Identification Forms
NCDWR Site Viability Letter & Buffer Determination
Parcel Photographs
Appendix B. Delivered Credit Yield Table for Jordan Sub Watersheds
Appendix C. State Historic Preservation Office Map
Appendix D. Environmental Data Resources Inc. - Environmental Records Report
Appendix E. Recorded Conservation Easement
Appendix F. RS Letter to the City of Burlington, NC Concerning Wastewater Effluent Disposal
Appendix G. Permits
Benton Branch. Bank Parcel Development Plan Table of Contents

1,0 Introduction
Restoration Systems (Sponsor) is pleased to provide this Bank Parcel Development Plan (BPDP) for the
Benton Branch Bank Parcel (Parcel), proposed as part of the Restoration Systems' Phase One Haw River
WS Umbrella Banking Instrument (Banking Instrument) signed October 25t'', 2017 between Restoration
Systems, and the North Carolina Division of Water Resources (DWR). This Parcel is designed to provide
riparian buffer and nutrient offset mitigation credits for unavoidable impacts due to development within the
Haw River Sub -watershed of Jordan Lake, Cape Fear River Basin per the Jordan Lake Water supply
Nutrient Strategy (15A NCAC 02B .0267 & 15A NCAC 02B .0268). Supporting figures can be found in
Appendix A. The Parcel shall be planned and designed according to the Banking Instrument with DWR,
15A NCAC 02B .0240, and the Consolidated Mitigation Rule 15A NCAC 02B.0295, which became
effective on November 1, 2015. The BPDP has also been designed in concurrence with the Benton Branch
Stream and Wetland Mitigation Bank (SAW# 2015-01701). The mitigation plan for the Benton Branch
Stream and Wetland Mitigation Bank along with the Stream and Wetland Umbrella Mitigation Banking
Instrument was approved by the Interagency Review Team on July, 6t" 2017. The Section 404 (Clean Water
Act, 33 USC 1344) was granted by the U.S. Army Corps of Engineers on June 30t'', 2017, the corresponding
Section 401 Water Quality Certification was granted on June 28t'', 2017 and the land quality letter of
approval was granted June 20t1i, 2017. Copies of these permits can be found in Appendix G.
Stormwater runoff from the Parcel drains directly to Benton Branch and unnamed tributaries to Benton
Branch. According to the Final Cape Fear River Basin Restoration Priorities (NCEEP 2009), this
watershed should be targeted for restoration to protect the nutrient sensitive watershed that ultimately drains
into the nutrient sensitive water supply at Jordan Lake. According to the Cape Fear River Basinwide Water
Quality Plan (NCDWQ 2005), all land uses and discharges of wastewater and stormwater in subbasin 03-
06-02 potentially contribute nutrients to B. Everett Jordan Lake. B. Everett Jordan Lake provides low -flow
augmentation, flood control, recreation, fish and wildlife habitat, and water supply. The lake is impaired
for aquatic life due to excessive levels of chlorophyll a in violation of current standards in all segments of
the reservoir. In addition, the Parcel has a supplemental water quality classification of Nutrient Sensitive
Waters, which includes areas with water quality problems associated with excessive plant growth resulting
from nutrient enrichment. The proposed Mitigation Activities will reduce sediment and nutrient levels, and
improve water quality within the Parcel and their downstream watersheds.
For purposes of the Benton Branch Nutrient Offset & Buffer Bank, the Parcel involves restoring riparian
buffers and other riparian areas adjacent to mitigated streams onsite in order to help reduce non -point source
contaminant discharges to downstream waters in the Haw River sub -watershed of Jordan Lake. All riparian
areas were assessed by DWR during an onsite visit to determine viability for buffer mitigation and nutrient
offset (DWR Site Viability Letter, Appendix A). Approximately 33.22 acres will be protected with a
permanent conservation easement. Of those 33.22 acres, 10.92 acres will be restored for Jordan riparian
buffer credit, 0.02 acre will be restored for nutrient offset credit, 9.51 acres will be enhanced by the removal
of cattle from the streams and riparian areas for Jordan riparian buffer credit, and 5.37 acres will be
preserved for Jordan riparian buffer credit. In general, riparian restoration/enhancement area widths on
streams will extend out to a maximum of 100 feet from the top of bank with a minimum width of 20 from
top of banks. Riparian buffer enhancement and preservation credits generated on this Bank Parcel are
allowed pursuant to 15A NCAC 02B .0295 (o). Neither the enhancement credits nor the preservation credits
can be used to generate nutrient offset credits. Additionally, no riparian restoration areas that are less than
50 feet wide from Top of Banks can be used to generate nutrient offset credit, and no riparian restoration
areas that are less than 20 feet wide from Top of Banks can be used to generate riparian buffer credit.
Therefore, the maximum acreage of riparian restoration on this site that is able to be converted into nutrient
offset credits if needed by RS, is 10.89 acres. Figures 6 and 7 show the Credit Determination Map and
Section 6.0 provides details of the mitigation determination on the Bank Parcel.
Benton Branch. Bank Parcel Development Plan page 1

The Sponsor may elect to use these riparian areas for either buffer mitigation credit or wetland mitigation
credit, but not both. The Sponsor must submit a written request and receive written approval from DWR
prior to any credit conversions and transfers to the buffer credit ledger. As part of that request, the Sponsor
must provide DWR with a written acceptance letter from the USACE, accompanied by supporting
documents, for any wetlands that they want removed from the wetland mitigation bank. Only riparian areas
that fail to qualify to generate wetland credit may be viable for generating riparian buffer credit. Figure 6
depicts riparian areas that could potentially generate riparian buffer credit if they don't qualify to generate
wetland mitigation credits, and Figure G1 (Appendix G) depicts the potential conversion of failed wetland
mitigation credits to riparian buffer credits. Any areas proposed for buffer mitigation credit must meet the
performance standards detailed in 15A NCAC 0213. 0295.
1.1 Parcel Location
Located in the South Atlantic/Gulf Region approximately 12 miles north of Burlington, NC in southwest
Caswell County (Figure 1, Appendix A), the Parcel is hydrologically situated within the USGS 14 -digit
HUC 03030002030030 of the Cape Fear River Basin and Jordan Lake's Haw Sub -Watershed (North
Carolina Division of Water Quality Subbasin Number 03-06-02).
Directions to the Parcel (from Burlington):
• Take Holt St./NC-62 toward N. Fishe St. — 0.1 mile
• Continue on Rauhut St./NC-62 — 3.2 miles
• Turn left on Union Ridge Rd. — 6.0 miles
• Turn left on Stoney Mountain Rd. — 2.3 miles
• Stoney Mountain Rd becomes Stoney Creek Mountain Rd. — 0.9 mile
• Stoney Creek Mountain Rd. becomes Milesville Rd. —1.4 miles
• Turn left on Massey Rd.
Parcel Coordinates: 36.278744, -79.419371
1.2 Parcel Overview
The Parcel encompasses 33.22 acres of land containing Benton Branch and unnamed tributaries to Benton
Branch. According to the Final Cape Fear River Basin Restoration Priorities (NCEEP 2009), this
watershed should be targeted for restoration to protect the nutrient sensitive waters that ultimately drain
into the nutrient sensitive water supply of Jordan Lake. Overall, the purposes of the Benton Branch Buffer
and Nutrient Offset Bank is to restore, enhance, and preserve riparian buffers and other riparian areas
adjacent to mitigated streams onsite. The riparian restoration and enhancement will result in improved
water quality within the Parcel and the downstream watershed. The Parcel is located in a region of the state
dominated by agriculture and livestock; restoration of the riparian buffer is expected to result in immediate
water quality benefits within the vicinity of the Parcel through the removal of livestock access to Parcel
streams.
Benton Branch and UTs 4, 5, and 6 are present onsite and were deemed subject to the Jordan Lake Buffer
Protection Rule (15A NCAC 02B .0267 & 15A NCAC 02B .0268) by DWR in correspondence dated July
21, 2017 (DWR Site Viability Letter, Appendix A). UTs 1, 2, 2b, 3, 4a, and 4b were not assessed for buffer
subjectivity due to factors onsite that made it difficult to determine location and continuity. The drainage
area of the streams onsite ranges from 0.03 mit to 1.4 miz. Additional present and historical land use
practices including the maintenance and removal of riparian vegetation and the relocation, dredging and
straightening of onsite streams resulted in degraded water quality and unstable channel characteristics
(stream entrenchment, erosion, bank collapse, and stream aggradation).
Benton Branch. Bank Parcel Development Plan page 2

2.0 Project Area — Existing Conditions
2.1 Physiog_raphy
Situated within the Southern Outer Piedmont portion of the Piedmont Ecoregion of North Carolina, the
Parcel's regional physiography is characterized by dissected irregular plains; low rounded hills and ridges;
and low to moderate gradient streams with mostly cobble, gravel, and sandy substrates. On-site elevations
range from a high of 645 -feet NGVD at the upper reaches of UT 3 to a low of approximately 620 -feet
NGVD at the Parcel outfall (USGS Cherry Grove, North Carolina 7.5 -minute topographic quadrangle).
Surrounding land use consists primarily of agricultural land, with some low-density residential housing
(Figure 3, Appendix A)
Historically, livestock had indiscriminate access to most of the Parcel streams, resulting in degradation of
stream banks. Riparian vegetation adjacent to tributaries was sparse and disturbed due to livestock grazing,
bush hogging, and regular maintenance activities. In addition to livestock grazing, the areas surrounding
UT -1, UT -2B, and UT -3 were used for City of Burlington, NC Wastewater effluent disposal. These
conditions were confirmed by Katie Merritt (NCDWR) during a June 13, 2017 site visit and in the
accompanying viability letter (Appendix A). Mature forest is scattered throughout the Parcel and is
depicted on Figure 4 (Appendix A).
2.2 Soils
NRCS has not completed detailed soil mapping for Caswell County. The most recent published soil survey
for Caswell County is dated 1908, with general soil mapping conducted countywide. The NRCS depicts
the Parcel as being underlain by Cecil sandy loam in floodplains and low-lying areas, with Cecil sandy clay
and Iredell sandy loam in the adjacent uplands; Parcel soils are depicted on Figure 2 (Appendix A) and
described below in Table 1.
Table 1. Parcel Soils
Soil Series
Hydric Status
Description
The Cecil series consists of very deep, well -drained,
Cecil sandy loam
moderately permeable soils on ridges and side slopes of
and
Nonhydric
Piedmont uplands. They formed in residuum weathered from
Cecil sandy clay
felsic, igneous, and high-grade metamorphic rocks of
Piedmont uplands. Slopes range from 0 to 25 percent.
This series is brownish -gray or very dark brown, moderately
Iredell sandy loam
Nonhydric
well -drained, medium acid soils of the Piedmont Plateau.
These soils occur wherever the geologic formation contains
basic dikes. These soils are important to agriculture.
2.3 Vegetation
The Parcel is characterized primarily by actively grazed pasture and municipal effluent disposal, with
scattered disturbed forest. Agricultural land is maintained for livestock grazing and has been planted with
fescue (Festuca sp.). Natural recruits of dog fennel (Eupatorium capillifolium), clover (Trifolium sp.),
nightshade (Solanum carolinense), as well as other opportunistic herbaceous species have recolonized the
Parcel. Several pockets of wetland occur in the Parcel, which are characterized by rushes (Juncus spp.) and
sedges (Carex spp.). Disturbed forest is largely cleared of understory species due to livestock pruning and
is composed of sweetgum (Liquidambar styraciflua), Chinese privet (Ligustrum sinense), winged elm
(Ulmus alata), Virginia pine (Pinus virginiana), persimmon (Diospyros virginiana), dog fennel, and
broomsedge (Andropogon sp.).
Benton Branch. Bank Parcel Development Plan page 3

2.4 Threatened and Endangered Species
Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing
are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S. C. 1531 et seq.). Two
federally protected species are listed as occurring in Caswell County (USFWS 2015): the James
spinymussel (Pleurobema collina) and the Roanoke logperch (Percina rex). Both species are listed as
Endangered.
James Spinymussel
This freshwater mussel is limited to the James River drainage and the Dan/Mayo River drainage within the
Roanoke River basin in Virginia, North Carolina, and West Virginia. This species' range does not include
the Parcel, which is located in the Upper Cape Fear River drainage.
Roanoke Logperch
In North Carolina, this species is found in the Dan and Mayo rivers, as well as Big Beaver Island Creek.
This species' range does not include the Parcel, which is located in the Upper Cape Fear River drainage.
Preliminary Biological Conclusions: Neither of these species' ranges extend into areas adjacent to, or
within the Parcel. Therefore, this project will have no effect on these federally protected species.
2.5 State Listed Species
NC Wildlife Resource Commission (NCWRC) notes records for the state special concern notched rainbow
(Villosa constricta) and the state significantly rare Carolina ladle crayfish (Cambarus davidi) in Benton
Branch. Therefore, stringent sediment and erosion control measures will be implemented throughout
restoration/construction activities.
2.6 Environmental, Cultural, and Site Constraints
The presence of conditions or characteristics with the potential to hinder restoration activities on the Parcel
was evaluated. The evaluation focused primarily on the presence of hazardous materials, utilities and
restrictive easements, rare/threatened/endangered species or critical habitats, cultural resources, and the
potential for hydrologic trespass. Existing information regarding constraints was acquired and reviewed.
In addition, any parcel conditions with the potential to restrict design and implementation were documented
during field investigations.
Areas surrounding UT -1, UT -213, and UT -3 were used for City of Burlington, NC Wastewater effluent
disposal. RS has provided written notification to the City of Burlington that wastewater effluent can no
longer be disposed of at the Bank Parcel (Appendix F).
No other evidence of natural and/or man-made conditions were identified which have the potential to
impede proposed restoration activities. State Historic Preservation Office (SHPO) mapping was reviewed
and two sites (Davis House and Harris Chapel Missionary Baptist Church Cemetery) are just over 1.0 mile
southeast of the Parcel (Appendix Q. Parcel mitigation will have no impacts to these or any other
documented cultural resources.
Benton Branch. Bank Parcel Development Plan page 4

2.7 FEMA Floodplain/Floodway Mapping
Inspection of the FEMA Flood Insurance Rate Map 371089600K, Panel 8960, effective September 28,
2007, indicates that Benton Branch, UT 3, and associated floodplains are located within a Zone AE flood
area. Therefore, a HEC -RAS analysis will be completed on the existing and proposed conditions of Benton
Branch and its tributaries that enter the Benton Branch floodplain to assess hydraulic performance. In
accordance with N.C. Floodplain Mapping requirements, a Conditional Letter of Map Revision (CLOMR)
will need to be prepared for the Parcel.
The CLOMR will include written documentation of modeling, preparation of topographic work maps,
annotated FIRM or Floodway Maps, FIRM Flood Profiles and Data Tables. The CLOMR will be sent to
Caswell County for approval and signature, and then the CLOMR will be sent to FEMA for review and
approval. The CLOMR approval process is expected to require 3 to 6 months. The CLOMR will be
prepared, submitted, and approved prior to construction. A requirement of the CLOMR is to prepare and
submit a Letter of Map Revision (LOMR) once construction is complete.
3.0 Riparian Restoration, Enhancement, and Preservation Plan
This site is also being proposed as a stream and wetland mitigation bank; therefore, restoration of riparian
areas will be accomplished through the goals and methods outlined by the Cape Fear 02 Umbrella
Mitigation Bank, Benton Branch Stream and Wetland Bank Site Mitigation Plan and the Phase One Haw
River WS Umbrella Banking Instrument. All applicable federal, state, and local documentation, permits,
and/or authorizations will be acquired as part of implementing the above-mentioned mitigation plan and
will be provided to the Division. Primary goals focus on 1) improving water quality, 2) enhancing flood
attenuation and hydrology, 3) improving aquatic resources, and 4) restoring riparian habitat. Proposed
mitigation activities will provide floodplain connectivity, floodplain resistance, stream stability, sediment
transport, surface and subsurface storage and retention, in -stream habitat, riparian habitat and structure,
thermal regulation, floodplain biogeochemical processing, and pollutant filtration as well as remove sources
of pollutants. The riparian area will be restored through the revegetation of native plant communities.
Detailed analysis of plant communities and the planting plan follow.
All riparian restoration activities will commence in concurrence with the stream mitigation activities and
not before. Therefore, the mitigation area where riparian restoration is being performed may be altered
slightly depending on the approval of the Stream Mitigation Plan for the Stream Mitigation Bank. The
riparian restoration areas will be surveyed and information provided in the As -Built report. Areas where
existing mature vegetation will potentially be negatively impacted by stream restoration activities are not
eligible for riparian buffer restoration credit; however, are eligible for riparian buffer enhancement via cattle
exclusion credit (Figure 6, Appendix A).
3.1 Riparian Area Restoration Activities
Stream -side trees include species with a high value for sediment stabilization, rapid growth rate, and the
ability to withstand hydraulic forces associated with bankfull flow and overbank flood events. Stream -side
trees and shrubs will be planted along reconstructed stream banks and concentrated along outer bends.
Planted vegetation along cleared stream banks will reestablish native/historic community patterns within
the stream corridor, associated side slopes, and transition areas. Revegetating Parcel floodplains and stream
banks will provide stream bank stability, give shade, reduce surface water temperatures, filter pollutants
from adjacent runoff, and provide habitat for area wildlife (Figures 4 and 5, Appendix A). In general,
riparian restoration will extend out a maximum of 100 feet perpendicular to the top of banks with a
minimum width of 20 feet from top of banks. Additionally, no riparian restoration areas that are less than
50 feet wide from Top of Banks can be used to generate nutrient offset credit, and no riparian restoration
areas that are less than 20 feet wide from top of banks can be used to generate riparian buffer credit.
Benton Branch. Bank Parcel Development Plan page 5

Riparian Buffer Restoration will occur on the site as follows (Figures 6-7, Appendix A). Note that all areas
of restoration from TOB to 29 feet will extend a minimum of 20 feet from TOB, and all areas of restoration
from TOB to 100 feet will extend a minimum of 30 feet from the TOB.
Benton Branch: TOB -29 feet and TOB -100 feet
UT -1: TOB -100 feet
UT -2: TOB -100 feet
UT -2B: TOB -100 feet
UT -3: TOB -100 feet
UT -4: TOB -100 feet
UT -4A: TOB -100 feet
UT -4B: TOB -100 feet
UT -5: TOB -100 feet
UT -6: TOB -100 feet
Nutrient Offset Credit is being generated on a small area of UT -4B that is located from 100-200 feet from
the TOB (Figure 6, Appendix A).
Variations in vegetative planting will occur based on topographic locations and hydraulic conditions of the
soil. Vegetative species composition will mimic reference forest data, onsite observations, and community
descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley
1990). Community associations to be utilized include 1) Piedmont Alluvial Forest, 2) Dry-Mesic Oak -
Hickory Forest, and 3) stream -side assemblage. Deep-rooted, riparian vegetation will be planted over 21.7
acres of the Parcel.
Species selected for planting will be dependent upon availability of local seedling sources. Seedlings from
a local source (within 200 miles) will be obtained from a licensed nursery and planted at the Parcel. Advance
notification to nurseries (1 year) helped to facilitate availability of various noncommercial elements.
Bare -root seedlings of tree species were planted within the Dry-Mesic Oak -Hickory Forest and Piedmont
Alluvial Forest at a density of approximately 680 stems per acre on 8 -foot centers. Species in the stream -
side assemblage community were planted at a density of 2,720 stems per acre on 3 -foot centers. Planting
is anticipated to be performed between November 15 and March 15 to allow plants to stabilize during the
dormant period and set root during the spring season. A detailed planting list is depicted below in Table 2,
and the planting area is graphically on Figure 5 of Appendix A.
3.2 Riparian Buffer Enhancement via Cattle Exclusion Activities
Riparian buffer enhancement will include permanently protecting existing riparian buffer from livestock
via exclusionary fencing, cutting, clearing, filling, grading, and any similar activities that would affect the
functionality of the riparian buffer (Figure 6, Appendix A). These areas are primarily described as disturbed
mixed hardwoods. Buffer credits sought in the enhancement area, allowed pursuant to 15A NCAC 02B
.0295 (0)(6), will only be used toward buffer mitigation and cannot be transferred into nutrient offset credits.
The enhancement area will extend a maximum of 200 feet from the top of bank with a minimum width of
20 from top of banks.
Benton Branch. Bank Parcel Development Plan page 6

Table 2. Planting Plan
Vegetation Association
Tree /
Shrub
Piedmont/Low
Mountain Alluvial
Forest*
Dry-Mesic Oak-
Hickory Forest*
Marsh Treatment
Wetland**
Stream -side
Assemblage**
TOTAL
Area (acres)
10.2
6.9
0.1
4.5
21.7
Species
#
planted*
% of
total
#
planted*
% of
total
#
planted**
% of
total
#
planted**
% of
total
# planted
River birch (Betula nigra)
694
10
--
--
--
--
1224
10
1918
Ironwood (Carpinus caroliniana)
--
--
938
20
--
--
--
--
938
Buttonbush (Cephalanthus occidentalis)
--
--
--
--
54
20
--
--
54
Red bud (Cercis canadensis)
--
--
704
15
--
--
--
--
704
Sweet pepperbush (Clethra alnifolia)
--
--
--
--
41
15
--
--
41
Silky dogwood (Cornus amomum)
694
10
--
--
41
15
2448
20
3182
Persimmon (Diospyros virginiana)
--
--
469
10
--
--
--
--
469
White ash (Fraxinus americana)
--
--
235
5
--
--
--
--
235
Green ash (Fraxinus pennsylvanica)
1387
20
--
--
--
--
2448
20
3835
Blueberry (Vaccinium corymbosum)
--
--
--
--
41
15
--
--
41
Tulip poplar (Liriodendron tulipifera)
694
10
--
--
--
--
--
--
694
Sycamore (Platanus occidentalis)
1387
20
--
--
--
--
2448
20
3835
Black gum (Nyssa sylvatica)
--
--
704
15
--
--
--
--
704
Water oak (Quercus nigra)
1040
15
938
20
--
--
1224
10
3203
Willow oak (Quercus phellos)
1040
15
704
15
--
--
1224
10
2968
Black willow (Salix nigra)
--
--
--
--
--
--
1224
10
1224
Elderberry (Sambucus canadensis)
--
--
--
--
54
20
--
--
54
Possumhaw (Viburnum nudum)
--
--
--
--
41
15
--
--
41
TOTAL
6936
100
4692
100
272
100
12,240
100
24,140
* Will be planted at a density of 680 stems/acre.
** Will be planted at a density of 2720 stems/acre.
Benton Branch. Bank Parcel Development Plan page 7

3.3 Riparian Buffer Preservation Activities
Riparian buffer preservation will include permanently protecting existing riparian buffer from cutting,
clearing, filling, grading, and any similar activities that would affect the functionality of the riparian buffer.
Areas specified for Preservation, as defined in 15A NCAC 02B .0295, are shown in Figure 6 (Appendix A)
and will only generate buffer mitigation. These areas are primarily described as disturbed mixed
hardwoods, with the number of high value species above 200 per acre. They are areas where livestock are
currently fenced out, and there has been little or no historic livestock access. Buffer credits sought in the
preservation area will only be used toward buffer mitigation and cannot be transferred into nutrient offset
credits.
3.4 Marsh Treatment Area
One marsh treatment area will be constructed to intercept surface waters draining through agricultural areas
prior to discharging into UT3. The marsh treatment area is excluded from credit calculations (Figures 5-6,
Appendix A).
3.5 Credit Release Schedule
Table 3. Credit Release Schedule
Task
Project Milestones
% Credit
Available for
Sale
1
UMBI and BPDP Approved by DWR, Conservation Easement Recorded*,
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices
Completed, Monitoring Financial Assurance Posted
40
2
Approval of As -Built Report
10
3
Monitoring Report #1: Approved by the DWR**
10
4
Monitoring Report #2: Approved by the DWR**
10
5
Monitoring Report #3: Approved by the DWR**
10
6
Item B (1) of Section X in UMBI has been completed and approved by DWR
5
No remaining credits will be released until Task 6 has been satisfied.
7
Monitoring Report #4: Approved by the DWR
5
8
Monitoring Report #5: Approved by the DWR and final site visit by DWR has been
conducted
10
Total
100%
* For specification, please see Section V in the UMBI
** DWR Approval provided upon determination that the site is meeting performance standards contained within the approved
BPDP
4.0 Monitoring and Maintenance Plan
4.1 Monitoring Protocol
Restoration monitoring procedures for vegetation will include periodic visual inspection and annual plant
survival and species diversity survey reports. Quantitative sampling of vegetation will be performed as
outlined in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008). Photos
will be taken from all photo points each monitoring year and provided in the annual reports. All planted
stems in the plots will be marked with flagging tape and recorded. Detailed qualitative and quantitative
monitoring is proposed for vegetated riparian areas; marsh treatment areas will be visually inspected
periodically and reported qualitatively within the annual monitor report, which will include photographic
record of the Parcel's assets.
Benton Branch. Bank Parcel Development Plan page 8

Monitoring of the restoration efforts will be performed for five years or until success criteria are fulfilled.
Restoration Systems shall submit an annual monitoring report to DWR, no later than December 31 st of
each year. Quantitative monitoring will include measurements of 11-10x10 meter, permanently
monumented vegetation plots (2.5% of restoration and nutrient offset credit areas). They will be randomly
placed throughout the planted riparian areas and will be representative of the entire top of bank back two -
hundred feet, more or less. Sampling of vegetation will be performed in October of each year, with the 1St
monitoring data to be collected in the fall of 2017 but not within 6 months from initial planting.
During the first year, vegetation will receive a cursory, visual evaluation on a periodic basis to ascertain the
degree of overtopping of planted elements by nuisance species. Success criteria within the riparian buffer
and nutrient offset restoration areas will be based on the survival of planted species at a density of 260
stems per acre after five years of monitoring. In addition, appropriate volunteer stems of native hardwood
tree and shrub species may be included to meet the final performance standard of 260 stems per acre upon
DWR approval.
4.2 Parcel Maintenance
A remedial action plan will be developed and implemented with the approval of NCDWQ in the event that
the Parcel or a specific component of the Parcel fails to achieve success criteria as outlined above. Other
vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event
that exotic invasive plant species require treatment, such species will be controlled by mechanical (physical
removal with the use of a chainsaw) and/or chemical methods (aquatic approved herbicide) in accordance
with North Carolina Department of Agriculture (NCDA) rules and regulations.
If mowing is deemed necessary by the Sponsor for vegetation survival of planted stems during the
monitoring period, the Sponsor must receive approval by the DWR prior to any mowing activities within
Zone 1 and Zone 2 of the Jordan buffers to ensure that no buffer violations have been performed. Failure
to receive approval prior to mowing activities within the Jordan buffer as defined in 15A NCAC 02B .0267
by the DWR, could result in Jordan buffer violations and violations of the conservation easement. If
necessary, the Sponsor will develop a species-specific control plan
4.3 Long Term Management Plan
A Permanent Conservation Easement will preserve all areas and prohibit all use of the property inconsistent
with its use as mitigation property including any activity that would materially alter the biological integrity
of the Parcel. The North Carolina Wildlife Habitat Foundation (NCWHF) has agreed to be holder of the
easement. The Sponsor will provide an endowment to the NCWHF to hold and enforce the Conservation
Easement and its interests in perpetuity. The Conservation Easement was recorded on December 12, 2015
at the Caswell County courthouse in Deed Book 589, Page 438-451 (Appendix E.)
The conservation easement on this Bank Parcel was not approved by the DWR prior to recordation and
may not be consistent with the standards employed by the State of North Carolina. Therefore, the Bank
Sponsor will ensure that the Conservation Easement is revised if needed to ensure it allows for the
implementation of the Benton Branch Mitigation Bank, the Benton Branch Bank Parcel Development
Package, and will grant all rights to both the Grantee and the NCDWR. Additional changes to the
conservation easement will be determined in consultation with RS and the NCDWR. The conservation
easement shall be approved by the DWR and the USACE prior to the credit release.
4.4 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing, or
Benton Branch. Bank Parcel Development Plan page 9

other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed,
damaged, or destroyed will be repaired and/or replaced on an as needed basis.
5.0 Financial Assurance
Per the Credit Release Schedule outlined in Section 3.5 and per the Banking Instrument, Restoration
Systems intends to forgo the release of Task 1 credits and acquisition of a Performance Bond. Restoration
Systems will complete the restoration/construction and upon submittal of the As -built Report will provide
a Performance/Maintenance Bond, with DWR as the Obligee, and per the requirements of the Banking
Instrument. The Performance Bond will be a minimum of 100k and will be renewed annually. Performance
bonds for monitoring shall be renewed to cover the next years monitoring period, with confirmation of
renewal provided to DWR with each annual monitoring report when applicable. DWR reserves the right
to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals when
applicable.
6.0 Mitigation Potential
The Benton Branch Bank will provide Jordan buffer mitigation credits and nutrient offset mitigation credits
for development impacts within the Haw River Sub -watershed of Jordan Lake (Figures 6-7 and DWR Site
Viability Letter, Appendix A). The width of the credit generation areas will begin at the most landward
limit of the top of bank or the rooted herbaceous vegetation and extend landward a maximum distance of
200 feet where Restoration Systems is able. No buffer mitigation credit generation areas will be less than
20 feet in width and no nutrient offset credit generating areas will be less than 50 feet from TOB. Buffer
Mitigation credits generated from riparian restoration in non -forested pasture areas on this Bank Parcel with
a minimum width of 50 feet from TOB, can be converted and transferred from Riparian Buffer Credits to
Nutrient Offset Credits and from Nutrient Offset Credit to Riparian Buffer Credits upon written approval
from DWR. A maximum of 10.89 acres of riparian restoration on this site is able to be converted and
transferred from Riparian Buffer Credits to Nutrient Offset Credits and from Nutrient Offset Credit back to
Riparian Buffer Credits upon approval. The Sponsor must submit a written request and receive written
approval from DWR prior to any credit conversions and transfers to the buffer and nutrient credit ledgers.
All delivery factors shall be applied to nutrient offset credits prior to requesting a conversion.
According to the nutrient reduction goals for the Haw River arm of Jordan Lake, the generated nitrogen
credits per acre in the Haw Sub -watershed for riparian restoration on agriculture land is 2249.36 pounds
and the generated phosphorus credit per acre is 143.81 pounds. The delivery factors applied to this parcel
are 25 percent for nitrogen and 8 percent from phosphorus (Appendix B). Delivered credits are calculated
by applying the delivery factors and the acreage of riparian restoration to the generated credits per acre
stated above. Proposed areas for Jordan riparian buffer and nutrient offset (Nitrogen and Phosphorus)
credits for the Benton Branch Bank Parcel are summarized in the table below and corresponding Figures 6
and 7 (Appendix A).
Benton Branch. Bank Parcel Development Plan page 10

Table 4. Jordan Lake: Haw River Sub -Watershed Credit Determination Table
14 Digit Watershed ID: 03030002030030
Riparian Buffer Mitigation Units
*Buffer
Credit Type
Total Area
Mitigation Ratio
Percentage of
Mitigation
Width
Mitigation
Total
Full Credit
Units
Restoration (located on the right bank of
261.29 ft2
Credits per
195.97 ft2
TOB -29 ft
the upper reach of Benton Branch
(0.006 ac)
1:1
75%
(0.005 ac)
[Figure 7, Appendix A])
Acre
101-200 ft
Nitrogen
475,067.44 ft2
0.02
2249.36 44.99 25%
475,067.44 ft2
TOB -100 ft
Restoration
(10.91 ac)
1:1
100%
(10.91 ac)
TOB -100 ft
Enhancement via Cattle Exclusion (15A
406 992.58 ft2
2:1
100%
203 496.29 ft2
NCAC 02B .0295 (0)(6)
(9.34 ac)
(4.67 ac)
101-200 ft
Enhancement via Cattle Exclusion (15A
7320.870)O ft2
2:1
33%
1207.94 ft2
NCAC 02B .0295 6
(
(0.17 ac)
(0.03 ac)
TOB -100 ft
Preservation
233,391.10 ft2
10:1
100%
23,339.11 ft2
(Rural Subject Streams)
(5.36 ac)
(0.54 ac)
TOB -29 ft
Preservation
221.96 ft2
10:1
75%
16.65 ft2
(Rural Subject Streams)
0.005 ac)
(0.0004 ac)
Total Riparian Buffer Mitigation Units
703,323.40 ft2
(16.16 ac)
* TOB -20 ft = Buffer is less than 20 ft from the TOB and therefore qualifies for no credit.
TOB -29 ft = Buffer width is contiguous from TOB, is a minimum of 20 ft from the TOB and a maximum of 29 ft from the TOB,
and qualifies for 75% credit.
TOB -100 ft = Buffer width is contiguous from TOB, is a minimum of 29 ft from the TOB and a maximum of 100 ft from the TOB,
and qualifies for 100% credit.
101-200' = Buffer width is contiguous from TOB, is a minimum of 101 ft from the TOB and a maximum of 200 ft from the TOB,
and qualifies for 33% credit.
"Buffer mitigation credits are sought from top of bank to 100 feet. Beyond buffer credit generating areas, RS is proposing nutrient
offset credits out to a maximum of 200 feet for a contiguous riparian restoration from top of bank to 200 feet where possible.
The Sponsor will maintain 4 credit ledgers for the Parcel under the Banking Instrument and BPDP: (1) for
buffer restoration mitigation credits in both square feet and acres, (1) for buffer enhancement mitigation
credits in square feet and acres, (1) accounting for nitrogen offset credits in pounds and acres, and (1)
accounting for phosphorus offset credits in pounds and acres.
Benton Branch. Bank Parcel Development Plan page 11
Nutrient Offset Credits
GeneratedGenerated
**Buffer
Mitigation
Total
Delivery
Delivered
Credit Type
Credits per
Width
Type
Acreage
Credits Factor
Credits
Acre
101-200 ft
Nitrogen
Restoration
0.02
2249.36 44.99 25%
11.25
101-200 ft
Phosphorus
Restoration
0.02
143.81 2.88 8%
0.23
* TOB -20 ft = Buffer is less than 20 ft from the TOB and therefore qualifies for no credit.
TOB -29 ft = Buffer width is contiguous from TOB, is a minimum of 20 ft from the TOB and a maximum of 29 ft from the TOB,
and qualifies for 75% credit.
TOB -100 ft = Buffer width is contiguous from TOB, is a minimum of 29 ft from the TOB and a maximum of 100 ft from the TOB,
and qualifies for 100% credit.
101-200' = Buffer width is contiguous from TOB, is a minimum of 101 ft from the TOB and a maximum of 200 ft from the TOB,
and qualifies for 33% credit.
"Buffer mitigation credits are sought from top of bank to 100 feet. Beyond buffer credit generating areas, RS is proposing nutrient
offset credits out to a maximum of 200 feet for a contiguous riparian restoration from top of bank to 200 feet where possible.
The Sponsor will maintain 4 credit ledgers for the Parcel under the Banking Instrument and BPDP: (1) for
buffer restoration mitigation credits in both square feet and acres, (1) for buffer enhancement mitigation
credits in square feet and acres, (1) accounting for nitrogen offset credits in pounds and acres, and (1)
accounting for phosphorus offset credits in pounds and acres.
Benton Branch. Bank Parcel Development Plan page 11

7.0 References
Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F. MacPherson,
J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and South Carolina.
U.S. Geological Survey, Reston, Virginia.
Jordan Lake Water Supply Watershed Buffer Rules 15A NCAC 02B .0267, 15A NCAC 02B .0268, and
15A NCAC 02B .0295
Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording
Vegetation, Level 1-2 Plot Version 4.2. Ecosystem Enhancement Program, North Carolina
Department of Environment and Natural Resources.
Natural Resources Conservation Service (MRCS). 2014. Web Soil Survey (online). Available:
http://websoilsurvey.nres.usda.gov/app/ [January 9, 20141. United States Department of
Agriculture.
North Carolina Division of Water Quality (NCDWQ). 2005. Cape Fear River Basinwide Water Quality
Plan. Available: http://portal.ncdenr.org/c/document_library/get file?uuid=2eddbd59-b382-
4b58-97ed-c4049bf4e8e4&groupld=38364. North Carolina Department of Environment and
Natural Resources, Raleigh, North Carolina.
North Carolina Ecosystem Enhancement Program (NCEEP 2009). Cape Fear River Basin Restoration
Priorities 2009 (online). Available:
http://portal.ncdenr.org/c/document_library/get file?uuid=864e82e8 -725c-415e-8ed9-
c72dfcb55012&groupld=60329
Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina:
Third Approximation. North Carolina Natural Heritage Program, Division of Parks and
Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, North
Carolina.
United States Fish and Wildlife Service (USFWS). 2015. Threatened and Endangered Species in North
Carolina (online). Available: http://www.fws.gov/nc-es/es/countyfr.html. [April 17, 20151.
United States Fish and Wildlife Service, Raleigh, North Carolina.
United States Department of Agriculture (USDA). 1908. Soil Survey of Caswell County, North
Carolina. Soils Conservation Service, United States Department of Agriculture.
Benton Branch. Bank Parcel Development Plan page 12

Appendix A: Supporting Materials
Figure 1. Site Location & Service Area
Figure 2. NRCS Overview
Figure 3. USGS 1:24000 Topographic Map
Figure 4. Historic Conditions Plan View
Figure 5. Restoration Plan
Figure 6. Credit Determination
Figure 7. Credit Determination TOB -29 Feet
Figure 8. Potential Conversion of Wetland Credits to Riparian Buffer Credits
NCDWR Stream Identification Forms
NCDWR Site Viability Letter & Buffer Determination
Parcel Photographs
Benton Branch. Bank Parcel Development Plan Appendices

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RESTORATION
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BENTON BRANCH
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Caswell County, NC
Title:
NRCS
OVERVIEW
Notes:
1. Background Imagery Source:
Soil Survey of Caswell County,
NC (NRCS, 1908)
Drawn by: KRJ
Date:
AUG 2016
Scale:
1:10000
Project No.:
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FIGURE
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FIGURE
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3 Coordination Council)
Drawn by: KRJ
Date: AUG 2016
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Legend Project No.: 16-017
= Conservation Easement = 33.22 ac
77 Restored Stream Channel = 3.53 ac
Planting Plan = 21.7 ac FIGURE
® Constructed BMP Footprint = 0.01 ac
NCDOT Roads 5
2,000 3,000
Feet

NOTE: No riparian buffer credit is `k
given in areas with buffer width of less
than 20 ft. Additionally, no nutrient
offset credit is given in areas with
buffer width less than 50 ft. "
„'.
NOTE ABOUT BUFFER WIDTHS:
TOB -20 ft = Buffer is less than 20 ft from the TOB and
therefore qualifies for no credit.
TOB -29 ft = Buffer width is contiguous from TOB, is a
minimum of 20 ft from the TOB and a maximum of 29 ft
from the TOB, and qualifies for 75% credit.
TOB -100 ft = Buffer width is contiguous from TOB, is a
minimum of 29 ft from the TOB and a maximum of 100 ft
from the TOB, and qualifies for 100% credit.
101-200'= Buffer width is contiguous from TOB, is a
minimum of 101 ft from the TOB and a maximum of 200 ft
from the TOB, and qualifies for 33% credit.
{
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Legend
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0 Restored Stream Channel = 3.53 ac
Riparian Buffer Restoration (TOB -100 ft) = 10.91 ac (475,067.44 sq ft)
i Riparian Buffer Restoration (TOB -29 ft) = 0.006 ac (261.29 sq ft)
Riparian Buffer Enhancement via Cattle Exclusion (TOB -100 ft) = 9.34 ac (406,992.58 sq ft)
Riparian Buffer Enhancement via Cattle Exclusion (101-200 ft) = 0.17 ac (7320.87 sq ft)
_ Riparian Buffer Preservation on Rural Subject Stream (TOB -100 ft) = 5.36 ac (233,391.10 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB -29 ft) = 0.005 ac (221.96 sq ft)
_ Nutrient Offset Credit Area (101-200 ft) = 0.02 ac (680.03 sq ft)
® Wetland Mitigation Credit Area = 3.00 ac
_ Constructed BMP Footprint (no credit) = 0.02 ac
NCDOT Roads
Possible Vegetation Plots
-- — 50 feet from TOB
— — 100 feet from TOB
�....v -- 200 feet from TOB
�m
kr
0 500 1,000
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2,000
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Axiom Erwdonroeniar, Inc.
Prepared for:
Project:
BENTON BRANCH
BANK PARCEL
Caswell County, NC
Title:
CREDIT
DETERMINATION
Notes:
1. Background Imagery Source:
2014 aerial photography
provided by the NC OneMap
program (online, provided by
the NC Geographic Information
Coordination Council)
Drawn by:
KRJ/CLF
Date:
NOV 2017
Scale:
1:5000
Project No.:
16-017
r a
{
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` f Bentor
67 JM�
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i
Legend
Conservation Easement = 33.22 ac
0 Restored Stream Channel = 3.53 ac
Riparian Buffer Restoration (TOB -100 ft) = 10.91 ac (475,067.44 sq ft)
i Riparian Buffer Restoration (TOB -29 ft) = 0.006 ac (261.29 sq ft)
Riparian Buffer Enhancement via Cattle Exclusion (TOB -100 ft) = 9.34 ac (406,992.58 sq ft)
Riparian Buffer Enhancement via Cattle Exclusion (101-200 ft) = 0.17 ac (7320.87 sq ft)
_ Riparian Buffer Preservation on Rural Subject Stream (TOB -100 ft) = 5.36 ac (233,391.10 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB -29 ft) = 0.005 ac (221.96 sq ft)
_ Nutrient Offset Credit Area (101-200 ft) = 0.02 ac (680.03 sq ft)
® Wetland Mitigation Credit Area = 3.00 ac
_ Constructed BMP Footprint (no credit) = 0.02 ac
NCDOT Roads
Possible Vegetation Plots
-- — 50 feet from TOB
— — 100 feet from TOB
�....v -- 200 feet from TOB
�m
kr
0 500 1,000
1.1
2,000
m Feet
Axiom Erwdonroeniar, Inc.
Prepared for:
Project:
BENTON BRANCH
BANK PARCEL
Caswell County, NC
Title:
CREDIT
DETERMINATION
Notes:
1. Background Imagery Source:
2014 aerial photography
provided by the NC OneMap
program (online, provided by
the NC Geographic Information
Coordination Council)
Drawn by:
KRJ/CLF
Date:
NOV 2017
Scale:
1:5000
Project No.:
16-017
FIGURE
�@J

NOTE: No riparian buffer credit is
given in areas with buffer width of less
than 20 ft. Additionally, no nutrient ^
offset credit is given in areas with
buffer width less than 50 ft. ;' �• r
NOTE ABOUT BUFFER WIDTHS: Js
Axiom EnvKonmenial, Inc.TOB-20 ft = Buffer is less than 20 ft from the TOB and
therefore qualifies for no credit. 401 *
TOB -29 ft = Buffer width is contiguous from TOB, is a \� '- r Prepared for:
minimum of 20 ft from the TOB and a maximum of 29 ft `
from the TOB, and qualifies for 75% credit.
TOB -100 ft = Buffer width is contiguous from TOB, is a
minimum of 29 ft from the TOB and a maximum of 100 ft
from the TOB, and qualifies for 100% credit. �� \
101-200'= Buffer width is contiguous from TOB, is a �� Pr
minimum of 101 ft from the TOB and a maximum of 200 ft
from the TOB, and qualifies for 33% credit.
•�
\ � Benton Branch � ��` Project:
Buffer Restoration Area `
•. w�� �, Ir BENTON BRANCH
with buffer 20-29 ft from TOB _ BANK PARCEL
given 75% credit (1.3:1)
r Caswell County, NC
Title:
CREDIT
DETERMINATION
TOB -29 FEET
Notes:
1. Background Imagery Source:
2014 aerial photography
i provided by the NC OneMap
program (online, provided by
the NC Geographic Information
Coordination Council)
Legend
Conservation Easement = 33.22 ac
Restored Stream Channel = 3.53 ac
Riparian Buffer Restoration (TOB -100 ft) = 10.91 ac (475,067.44 sq ft)
Riparian Buffer Restoration (TOB -29 ft) = 0.006 ac (261.29 sq ft)
i
i
Riparian Buffer Enhancement via Cattle Exclusion TOB -100 ft 9.34 ac 406,992.58 s ft
p ( ) _ ( q) Drawn by: KRJ/CLF
Riparian Buffer Enhancement via Cattle Exclusion (101-200 ft) = 0.17 ac (7320.87 sq ft)
Date: NOV 2017
Riparian Buffer Preservation on Rural Subject Stream (TOB -100 ft) = 5.36 ac (233,391.10 sq ft)
%
Riparian Buffer Preservation on Rural Subject Stream (TOB -29 ft) = 0.005 ac (221.96 sq ft) Scale: 1:750
/ f Nutrient Offset Credit Area (101-200 ft) = 0.02 ac (680.03 sq ft)
i
Wetland Mitigation Credit Area = 3.00 ac Project No.: 16-017
+ O Removed Fence
Constructed BMP Footprint (no credit) = 0.02 ac
NCDOT Roads FIGURE
50 feet from TOB
/ i A — — 100 feet from TOB
200 feet from TOB 7
0 50 100 200 300
MENEM= Feet

14 Digit Watershed ID: 03030002030030
Potential Conversion of Riparian Buffer Mitigation Units
Buffer Percentage of Mitigation - :-
Width Credit Type Total Area Mitigation Ratio Full Credit Units
TOB -100 ft Restoration 79,160.26 ft' 1:1 100% 79,160.26 ft2
(1.82 ac) (1.82 ac) '
101-200 ft Restoration 905.67 ft2 1:1 33% 298.87 ft2
(0.02 ac) (0.007 ac) `
TOB -100 ft Enhancement via Cattle Exclusion (15A 43,898.57 ft2 2:1 100% 21,949.29 ft2 x
NCAC 02B.0295 (o)(6) (1.01 ac) (0.51 ac) :.
Enhancement via Cattle Exclusion (15A 4396.59 ft2 2:1 33%
10 ft 725.44 ft2 �, ._ `}
i t
NCAC 02B.0295 (o)(6) 0.10 ac) (0.02 ac)
Preservation 2116.14 ft2 \
To6-loo ft 211.61 ft' I t, I I I
(RuralSubject10:1 100% M—�•rf ,F
� ) (0.05 ac) (0.005 ac)
Total Potential Riparian Buffer Mitigation Units 102,345.47 ft2-
(2.36 ac)
UT -213 , / , �I ► T ;� ; Benton Branch
UT -1 I `
1
ZZ
40
UT -4
\
r
'.
NOTE: Riparian areas that fail to qualify
to generate wetland mitigation credit may be
viable for generating riparian buffer crdit. Any
areas proposed for buffer mitigation credit must
meet standards detailed in 15A NCAC 0213.0295
11
U T -4A U T-4 B
4 �
Legend
II Conservation Easement = 33.22 ac
I
Restored Stream Channel = 3.53 ac
:z Riparian Buffer Restoration (TOB -100 ft)
f Riparian Buffer Restoration (101-200 ft)
NOTE ABOUT BUFFER WIDTHS: ... Riparian Buffer Enhancement via Cattle Exclusion (TOB -100 ft)
TOB -20 ft = Buffer is less than 20 ft from the TOB and i
therefore qualifies for no credit. Riparian Buffer Enhancement via Cattle Exclusion (101-200 ft)
I
TOB -29 ft = Buffer width is contiguous from TOB, is a I Riparian Buffer Preservation on Rural Subject Streams (TOB -100 ft)
minimum of 20 ft from the TOB and a maximum of 29 ft ®Constructed BMP Footprint (no credit) = 0.02 ac
from the TOB, and qualifies for 75% credit. �' �, m. NCOOT Roads
TOB-100 ft = Buffer width is contiguous from TOB, is aI -- - 50 feet from TOB
-P ji
minimum of 29 ft from the TOB and a maximum of 100 ft'
from the TOB, and qualifies for 100% credit."
101-200'= Buffer width is contiguous from TOB, is a f
minimum of 101 ft from the TOB and a maximum of 200 ft
from the TOB, and qualifies for 33% credit. -J 0 500
Axiom Envlronnwrilal, inc.
Prepared for:
Project:
BENTON BRANCH
BANK PARCEL
Caswell County, NC
Title:
POTENTIAL
CONVERSION
OF WETLAND
CREDIT TO
RIPARIAN BUFFER
- CREDIT
— - 100 feet from TOB
-- 200 feet from TOB
1,000
Notes:
x_ 1. Background Imagery Source:
�'..a 2014 aerial photography
provided by the NC OneMap
program (online, provided by
the NC Geographic Information
Coordination Council)
2,000
m Feet
Drawn by:
KRJ/CLF
Date:
OCT 2017
Scale:
1:5000
Project No.:
16-017
FIGURE
8

NC DWO Stream Identification Form Version 4.11
Date: j 21 1/1/
Project/Site: fjPAIN l fJr� L4T�
Latitude: p 57ZS�i%
Evaluator: S S 1 All tye\
County: C A5 r'A
Longitude: -71, IP7
Total Points:/�
Stream Determination (c'
Other
Stream is at least intermittent 3 lQ 1 5
if >: 19 or perennial if? 30'
Ephemeral Intermitte Perenn
e.g. Quad Name:
A. Geomorphology (Subtotal =__L1__)
Absent
Weak
Moderate
Strong
12 Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
11 11.5
3
4. Particle size of stream substrate
0
1
2
1.5
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
1
3
8. Headcuts
1
2
3
9. Grade control
1
1.5
10. Natural valley
0
.5
1
11. Second or greater order channel
No
0
Yes = 3
q
�tt�tYGi�>t
artificial ditches are not rated; see discussions in manual
B. Hvdroloqv (Subtotal = 1,5 )
12. Presence of Baseflow
0 1
2
3
13. Iron oxidizing bacteria
0 1
2
3
14. Leaf litter
1.5 1
0.5
0
15. Sediment on plants or debris
0 .5
1
1.5
16. Organic debris lines or piles
0 .5
11 11.5
3
17. Soil -based evidence of high water table?
No = 0
-
Yes 3
1
C. Bioloav (Subtotal = "I )
18. Fibrous roots in streambed
2
1
0
19. Rooted upland plants in streambed
2
1
0
20. Macrobenthos (note diversity and abundance)
0
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
1
1.5
23. Crayfish
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other
= 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
rl
Sketch: - - _ H7S
q
�tt�tYGi�>t
"�l ► 1
- -
aij

NC DWO Stream Identification Form Version 4.11
Date: 5 Z_1 !
Project/Site: NO P byA 4K [AT)
Latitude: 31f,2,�J71
Evaluator: 5,'At XiCyd1,
County: (A5ye,1J
Longitude:
'
Total Points:
Stream Dete (circle one)
Other
Stream is at least intermittent 2
Ephemeral ntermitten Perennial
e.g. Quad Name:
if z 19 or perennial if >_ 30'
2
3
A. Geomorphology (Subtotal = 12
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
0 LO.5D 1 1.5
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1"
2
3
4. Particle size of stream substrate
0
1
2)
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No
6o
Yes = 3
artificial ditches are not rated; see discu7ions in manual -
B Hvdroloov (Subtotal = 1`� )
12. Presence of Baseflow
0 1 2 3
13. Iron oxidizing bacteria :;;;:,
1 3
14. Leaf litter'
S 1 0.5 0
15. Sediment on plants or debri
0 02 1.5
16. Organic debris lines or piles
0 LO.5D 1 1.5
17. Soil -based evidence of high water table?
No = 0 Yes= 3
C_ Bioloav (Subtotal = 91 1
18. Fibrous roots in streambed
3
2 1
0
19. Rooted upland plants in streambed
2 1
0
20. Macrobenthos (note diversity and abundance)
0
7P 2
3
21. Aquatic Mollusks
0
1 2
3
22. Fish
0.5 1
1.5
23. Crayfish
0.5 1
1.5
24. Amphibians
0
0.5 CD
1.5
25. Algae
0.5 1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
%�
Apt*.- e roWt
SigL.�t1"'� �iGt'� $-�►k �nluvt � Pif r1IL/1 �+'0.
I f
1

NC DWQ Stream Identification Form Version 4.11
Date: 5/ a) I+
Project/Site: ��n �
Latitude: �y � Z791015-
$o1SEvaluator:
Evaluator:srnt "�j�q/v\
County: CAS tnc)�
Longitude:
Total Points:
Stream Determination (cir
Other
Stream is at least intermittent 2J'7 j
if a 19 or perennial if >_ 30'
Ephemeral Intermitte rennia
e.g. Quad Name:
A. Geomorphology (Subtotal =
Absent
Weak
Moderate
Strong
1a Continuity of channel bed and bank
0
1
2
15. Sediment on plants or debris
2. Sinuosity of channel along thalweg
0
16. Organic debris lines or piles
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
1.5
4. Particle size of stream substrate
0
1
2
24. Amphibians
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
26. Wetland plants in streambed
2
3
7. Recent alluvial deposits
0
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
//1A Y55��yy
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No
to
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hvdroloav (Subtotal = lb,5 )
12. Presence of Baseflow
0 1
2 3
13. Iron oxidizing bacteria
0 1
3
14. Leaf litter
5 1
0.5 0
15. Sediment on plants or debris
0 0.5
1 1.5
16. Organic debris lines or piles
0 0.5
1 1.5
17. Soil -based evidence of high water table?
No = 0
Yes&' 3
C. Bioloav (Subtotal = 'i) )
18. Fibrous roots in streambed
3
2 1
0
19. Rooted upland plants in streambed
3
2 1
0
20. Macrobenthos (note diversity and abundance)
0
1 2
3
21. Aquatic Mollusks
0
1' 2
3
22. Fish
0.5 1
1.5
23. Crayfish
0
0.5 1
1.5
24. Amphibians
.5 1
1.5
25. Algae
0
b.5 1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: Sk'Ma l GY61`{�jj� I �ed:�v�Yc (�
ShA
//1A Y55��yy

mry 1A
NC DWQ Stream Identification Form Version 4.11
Date: S �I I�
Project/Site:
Latitude: / 2.7 D
Evaluator: S) ��x�11
County: [A�YVTI(
Longitude:
Total Points:
Stream Deter circle one)
Other
Stream is at least intermittent
if 19 or erennial if? 30• Z�
Ephemer termitte Perennial
e.g. Quad Name:
A. Geomorphology (Subtotal = LL )
Absent
Weak
Moderate
Strong
1' Continuity of channel bed and bank
0
1
16. Organic debris lines or piles
3
2. Sinuosity of channel along thalweg
0
1
W
3
3 In -channel structure: ex. riffle -pool, step -pool,
sequence
0
1
2
3
-ripple-pool
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2`
3
6. Depositional bars or benches
0
1
2
1
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1 1
1.5
10. Natural valley
0
0.5
1 I
1.5
11. Second or greater order channel
N = 0
Yes = 3
Sketch: 5S�/ �2,.?
� /e O
a artificial ditches are not rated: see discussions in manual
B. Hydrology (Subtotal = _11-21
12. Presence of Baseflow
0 1 3
13. Iron oxidizing bacteria
0 1 2 3
14. Leaf litter
5 1 0.5 0
15. Sediment on plants or debris
0.5) 1 1.5
16. Organic debris lines or piles
0 1 D 1.5
17. Soil -based evidence of high water table?
No = 0 Yes(= 3
C. Biology Subtotal =
18. Fibrous roots in streambed
3
f
1
0
19. Rooted upland plants in streambed
3
1
0
20. Macrobenthos (note diversity and abundance)
0
12
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75;
OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: 5S�/ �2,.?
� /e O
A_15�
�O l,�'l�l�"✓1
r
3De�d A e)YY�

NC ilWO Ctream Identification Form Version 4.11 OT Jtz
Date: 5 a
Project/Site: AM41%, �Tj y
Latitude: 3 j,, Z7(Q j 5
Evaluator: 5mi I
((
County: (�5 1
Longitude:
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent I
Ephemeral Intermittent Perennial
e.g. Quad Name:
if? 19 or perennial if? 30'
2
3
A. Geomorphology (Subtotal =_L'5__)
Absent
Weak
Moderate
Strong
la Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step-pool,0
ripple -pool sequence
16. Organic debris lines or piles
1
2
3
4. Particle size of stream substrate
0
1
1
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
1
2
3
9. Grade control
E10
0.5
1
1.5
10. Natural valley
0.5
1
1.5
11. Second or greater order channel
No
0
Yes = 3
Sketch: __.__ -_ 1'1 kS)ty �
a artificial ditches are not rated; see discussions in manual
B H droloriv ISubtotal = (P
12. Presence of Baseflow
0 1
2
3
13. Iron oxidizing bacteria
0 1
2
3
14. Leaf litter
1.5 1
0.5
0
15. Sediment on plants or debris
0
1
1.5
16. Organic debris lines or piles
0 _
1
1.5
17. Soil -based evidence of high water table?
No =0
Ye - 3
1
r' Rinlnnv tSuhtntA = 7,5 1
18. Fibrous roots in streambed
3
2
1
19. Rooted upland plants in streambed
3
2
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
20
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL
Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: __.__ -_ 1'1 kS)ty �
(.�N>�G� Gw�^'1���
y
�Sy'iQf �`
/�E ,
l`�v 'Y✓�7

NC nW0 Stream Identification Form Version 4.11
Date: tJ a (M
Project/Site: �n �4, L4j3
Latitude: 31,, 7,7 TS 8 3
Evaluator: �r 1 AxiH%1
County: �A*4
Longitude:
Total Points:
Stream Determ (circle one)
Other
Stream is at least intermittent 3fJ
Ephemera ermitte Perennial
e.g. Quad Name:
if? 19 or perennial if >- 30'
2
3
A. Geomorphology (Subtotal = 11,5,
Absent
Weak
Moderate
Strong
1a Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1.
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
sequence
02
0.5
2
3
-ripple-pool
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
26. Wetland plants in streambed
2
3
7. Recent alluvial deposits
0
I
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.
10. Natural valley
0
0.5
1
11. Second or greater order channel
N - 0
Yes = 3
artificial ditches are not rated; see discussions in manual
D LJ..rlrnlnnv /Ci 11r%+^+n1 = % 1
V. 1 1 41 v1v
12. Presence of Baseflow
0 1
2
3
13. Iron oxidizing bacteria
1
2
3
14. Leaf litter
.5 1
0.5
0
15. Sediment on plants or debris
0 0.5
1
1.5
16. Organic debris lines or piles
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
1.5
r` Dinlnnv /G I1,'4nh1 = In 1
v. vlvly
18. Fibrous roots in streambed 3
2'
1
0
19. Rooted upland plants in streambed �57
2
1
0
20. Macrobenthos (note diversity and abundance) 0
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
0.5
1
1.5
23. Crayfish
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75;
OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: ��� I GPYr^�r
1
�u M
7

Water Resources
ENVIRONMENTAL QUALITY
July 18, 2017
Raymond Holz
Restoration Systems, LLC
1101 Haynes St., Suite 211
Raleigh, NC 27607
(via electronilii mail)
ROY COOPER
MICHAEL S. REGAN
Serrehir r
S. JAY ZIMMERMAN
'9h, cror
Re: Site Viability for Buffer Mitigation and Nutrient Offset & Buffer Subjectivity Determination
Benton Branch Mitigation Site
Near 1587 Massey Rd, Elon, NC
Caswell County
Dear Mr. Holz,
On May 31, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Restoration Systems, LLC (RS) for a site visit near the above -referenced site in the Cape Fear
River Basin within the Haw River Sub -Watershed of Jordan Lake. This site visit was to determine
the potential for riparian buffer mitigation and nutrient offset. On June 13, 2017, Ms. Merritt
performed a site assessment of the subject site which is more accurately depicted on the attached map
labeled, "Historic Conditions Plan View". This site is also being proposed as a stream restoration
site by RS and is described in more detail in the attached map labeled, "Restoration Plan". At the
request of RS, this mitigation determination is assessed using the proposed stream restoration plan
that has been submitted to the Interagency Review Team (IRT) for review and approval as the
Benton Branch Stream Mitigation Site. If the proposed Restoration Plan changes in any way from
what is shown on the attached Restoration Plan Map, or the stream channels labeled as "not
assessed" in the table below do not develop into intermittent or perennial streams as determined by
DWR, this viability letter will be subject to change.
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to
200' from each existing or proposed feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
1Subiect
Riparian Land uses of
Buffer
2Nutrient
Offset Credit
Mitigation Type Determination w/in riparian
on Restoration
to Buffer
Feature onsite
Credit
areas
Plan
Rule
Viable
Viable at
0-200'
2.273
lbs acre
UT -1
Restored
Not
Non -forested pasture
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
stream
assessed
grazed by cattle with
forested
NCAC 026 .0295 (o)(3)
channel
narrow forested fringe
pasture only)
Narrow forested fringe — Enhancement Site per
(pond to be
adjacent to upstream
15A NCAC 02B .0295 (o)(6)
Removed)
portion of UT -1
*also used as a spray
field by City of
Burlington*
State of North Carolina I Environmental Quality Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Benton Branch Site
Restoration Systems
July 18, 2017
Feature
Classification
1Subiect
Riparian Land uses of
Buffer
zNutrient
Offset Credit
Mitigation Type Determination w/in riparian
on Restoration
to Buffer
Feature onsite
Credit
areas
Plan
Rule
Viable at
0-200'
Viable
2,273
lbs acre
UT -2
Restored
Not
Mix of forested & non-
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
stream
assessed
forested Pasture grazed
forested
NCAC 026 .0295 (o)(3)
channel
by cattle with some
pasture only)
Forested pasture - Enhancement Site per 15A
(pond to be
existing fenced areas
NCAC 02B .0295 (o)(6)
Removed)
within riparian buffer
Existing fenced riparian ne — Preservation Site
per 15A NCAC 02B .0294)
UT -2B
Restored
Not
Non -forested pasture
Yes
Yes
Restoration site per 15A NCAC 02B .0295 (o)(3)
stream
assessed
grazed by cattle
channel
*also used as a spray
field by City of
Burlington*
UT -3
Restored
Not
Mix of forested & non-
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
stream
assessed
forested Pasture grazed
forested
NCAC 02B .0295 (o)(3)
channel
by cattle
pasture only)
Forested pasture - Enhancement Site per 15A
*also used as a spray
NCAC 02B .0295 (o)(6)
field by City of
Burlington*
UT -4A
Restored
Not
Non -forested pasture
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
stream
assessed
grazed by cattle with
forested
NCAC 02B.0295 (o)(3)
channel
narrow forested fringe
pasture only)
Narrow forested fringe — Enhancement Site per
15A NCAC 02B.0295 (o)(6)
UT -4B
Restored
Not
Non -forested pasture
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
stream
Assessed
grazed by cattle with
forested
NCAC 026 .0295 (o)(3)
channel
non-contiguous narrow
pasture only)
Narrow forested fringe — Enhancement Site per
forested fringes
15A NCAC 026 .0295 (o)(6)
UT4
Stream
Yes
Non -forested pasture
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
grazed by cattle with
forested
NCAC 02B .0295 (o)(n)
non-contiguous narrow
pasture only)
Narrow forested fringe — Enhancement Site per
forested fringes
15A NCAC 0213 .0295 (o)(6)
UT -5
Stream
Yes
Mix of forested & non-
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
forested Pasture grazed
forested
NCAC 02B.0295 (o)(n)
by cattle; existing
pasture only)
Forested pasture - Enhancement Site per 15A
fencing present in some
NCAC 02B .0295 (o)(6)
areas within riparian
Existing fenced riparian e — Preservation Site
buffer
per 15A NCAC 0213 .029 (5)
UT -5A
No feature
N/A
N/A
No
No
N/A
Benton
Stream
Yes
Primarily forested
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
Branch
pasture grazed by cattle
forested
NCAC 02B .0295 (o)(n)
with some non -forested
pasture along
Forested pasture - Enhancement Site per 15A
pasture located on side
Milesville Rd
NCAC 02B .0295 (o)(6)
adjacent to Milesville Rd;
Only)
Existing fenced riparian zone — Preservation Site
existing fencing present
per 15A NCAC 02B .029,(5)
within most of riparian
)
buffer
UT -6
Stream
Yes
Primarily forested
Yes
Yes (non-
Non -forested pasture — Restoration site per 15A
pasture grazed by cattle
forested
NCAC 026 .0295 (o)(n)
pasture only)
Page 213

Benton Branch Site
Restoration Systems
July 18, 2017
'Subjectivity calls for the features were determined by DWR onsite using the 1:24,000 scale quadrangle topographic map
prepared by USGS and the most recent printed version of the soil survey map prepared by the MRCS.
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
Maps that are attached to this letter were provided by RS and were initialed by Ms. Merritt on July
18, 2017. This letter should be provided in all stream, wetland, buffer and/or nutrient offset
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on July 18, 2019 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
Sincerely, "^
�W&r1 &L
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/kmk
Attachments: Historic Conditions Map, Restoration Plan Map
cc: File Copy (Katie Merritt)
Page 313
with some non -forested
Forested pasture - Enhancement Site per 15A
pasture
NCAC 02B.0295 (o)(6)
'Subjectivity calls for the features were determined by DWR onsite using the 1:24,000 scale quadrangle topographic map
prepared by USGS and the most recent printed version of the soil survey map prepared by the MRCS.
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
Maps that are attached to this letter were provided by RS and were initialed by Ms. Merritt on July
18, 2017. This letter should be provided in all stream, wetland, buffer and/or nutrient offset
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on July 18, 2019 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
Sincerely, "^
�W&r1 &L
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/kmk
Attachments: Historic Conditions Map, Restoration Plan Map
cc: File Copy (Katie Merritt)
Page 313

J
JJi, •. r A.—r—nmmual. inc.
j. + Prepared for
. 1 y..�Me03, NCDWR Form •� �.'v �` • s
4A..�ri.
UT -2(N ot depicted Score: 27.5 B r, • :. +, ,i' (I
On 1908 Soil Survey) NCDWR Form Z—i �`\1
Score: 37.5
UT -2B (Not depic11 ted on _
1 USGS quad or 1908
NRCS Soil Survey) - Y) ! NCDWR Form Benton Branch Project:
AAW- - Score: 28.5 'ed►
cr i 'v. NCDWR Form iia 'j; r� �..
UT -1 (Not depicted BENTON BRANCH
. r• � ��!'�' Score 30.5 �4 m +r• � ' J
o ^
on 1908 Soil Survey) BANK PARCEL ; rry -
UT -8 (Not depicted
UT -3 (Not depicted on These reaches of UT -1 and on 1908 Soll Survey)
,, ...•i ; USGS quad or 1908 �' UT -2 are not depicted on this r 4 . • Caswell County, NC
!r:A }.' NRCS Soil Survey) i map because the historic m, ' `� ' Title:
�. channels are indistinguishable 4
due to livestock impacts. p.?, ��3 - a/' • k�
HISTORIC
/ +4 NCDWR Form jy "' / CONDITIONS
r _; ' UT-4(Not de Icted PLAN VIEW
s 4 rf
•„ 'i !� �,,. 'sa��' �y� Score: lon 1908 SoilP Survey)
UT -5A (Not depicted on I ti
r i "- r j USGS quad or 1908 - NCDWR Form 'r Notes:
NRCS Soil Survey) r Score: 36.5 i. aacw aim. sooro•:
a a.n eery
• 2014 d, photography
_ f i !y w NC
t 4 ♦ /, r prop — (onhm• pro d.dM by
r UT -0B (Not depicted on m, uc c.oaraphK tnrorroaon
�^ • i j •USGS quad or 1908 Coordi—ton council)UT
-4A (Not depicted f
on 1908 Soil Survey) }. - NRCS Soil Survey)
jA1Y alw �'„v0a` R' p.
+,f
M
r �i,%!` ! { . • _ Drawn by: KRJ
�'e•,9( Legend Date: AUG 2016
`r•1,.. ., fy,., i�.y y ¢�
Conservation Easement 33.22 ac Scale: 1:6000
"' i Q��.A •' ' a �0 Historic Perennial Stream Alignment = 7238 ft Project No.: 16-017
( ,� , - �. / = �• Historic Intermittent Stream Alignment = 646 ft
,a • i ��is�a�ti . � � t� �� •� _Historic Wetlands = 2.27 ac
r�y,"'s''y :• A ;AR'"" -.hy �;"rj'i
. ,� ,7��'•h '<��,, _,�c�l4i ��.; �� Historic Riparian Buffer= 18.91 ac FIGURE
►.
7 _ + t•� 1 may,+ {T NCDWR Stream Identification Fortes
�•!l. .., k, + s _ r Y �a r w . rl ; NCDOT Roads 4
1 �
�'. f e • 0 500 1,0002,000 3,000
Feet
N�,` -7 �1 J it �

Jilt
aM ♦ c'Yr7� , "F',�';, ��y •�„ �') rt �I,+,, .. .� Axiom EmkornrrnW, im,
I ,�.., r• . r t T •r.<• �. •�'� 'l- � '� . l � Prepared for:
.. - �� " `i l ,, r '�`t.`,�- �`_, �^�ass 1 ` � ..�A °,%r•,o.� l.i�;, �.
,y �4 t �Ax �" UT -1 �r' Benton Branch Project:
a f ♦ Y A �� I -s' N '.i
r t
•. >� / ' - ...�":� BENTON BRANCH
BANK PARCEL
c t
01 UT -5
Caswell County, NC
Title:
UT
I+ '! In � a'!, t.� �., - �•�+ir.Y.v' ti�rrr-' m s .iy� _
i. 4b a r �f♦fix/ �` »' 1, I , �s$A!. TION
�{T _ RESTORA
.�y 1 �f o / r_ - .. PLAN
UT-4 R
,{ �.p�!r • f 1 Notes:
r �,,r� dy,U.f`f• y - 1. Background Imagery Source
2014 aerial phomgraphy
UT -0A UT 4B . p» Pmed by the NC One Mop
mm
Mu NC eonkneprovided f—fion
� . f •y - _ '/ ceerdi�aeon Couhir,oi0
.. s
UT -6 �j. 4.' s
y �. n
a :a •� �. r!
xS r ~ .- .. �, `r Drawn by: KRJ
�'= y
Date: AUG 2016
r q i 'A°yf Scale: 1:6000
Legend
'_. a
Project No.: 16-017
t
e .I�'- x` • •re �1 Conservation Easement = 33.22 ac
''� ,Y` ;� ��` r - r ;• N 45y
-�y/ Restored Stream Channel = 3.53 ac
ti r ., i •K'•! r Planting Plan = 21.7 ac FIGURE
Constructed BMP Footprint = 0.01 ac
NCDOT Roads
' "#-�� :.)`• ' ' rte'"•
G
e r 0 500 1,000 2,000 3,000
Feet

M •
�6rJ�i
T
N ! y'Ai
l
y�-

Benton Branch BPDP Image 2: Looking south from the middle reach of UT -1
Benton Branch. Bank Parcel Development Plan Appendices

A,
"� � � "�QA �I a ' 'ice •? +! ..� - �'�.
taa ; WOwl, A
- •- � �_ ���y JLt �.,,,+' - •'� 'fir � ? ,y A
ll
iw
IV
1.
v �
6 �

Benton Branch BPDP Image 4: Looking southeast from the lower reach of UT -3
Benton Branch. Bank Parcel Development Plan
Appendices
11 /
S
Benton Branch BPDP Image 4: Looking southeast from the lower reach of UT -3
Benton Branch. Bank Parcel Development Plan
Appendices

Benton Branch BPDP Image 5: Looking south from the middle reach of UT -4
Benton Branch. Bank Parcel Development Plan
Appendices

Benton Branch BPDP Image 6: Looking north from the left bank of UT -6
Benton Branch. Bank Parcel Development Plan
Appendices

Appendix B: Delivered Credit Yield Table for Jordan Sub Watersheds
Benton Branch. Bank Parcel Development Plan Appendices

Appendix C: State Historic Preservation Office Map
Benton Branch. Bank Parcel Development Plan Appendices

Appendix D: Environmental Data Resources Inc. — Environmental Records Report
Benton Branch. Bank Parcel Development Plan Appendices

Appendix E: Recorded Conservation Easement
Benton Branch. Bank Parcel Development Plan Appendices

Filed: 09/06/2017 11:24:40 AM 300K 661 PAGE 1442(23) 337893
Ginny S. Mitchell, Register of Deeds
Caswell County, NC II�II�IIII�IIIIIIIIlI�II�I4IIII�I�
STATE OF NORTH CAROLINA
ASSIGNMENT OF CONSERVATION
EASEMENT
COUNTY OF CASWELL
THIS ASSIGNMENT OF CONSERVATION EASEMENT (hereinafter referred
to as "Assignment") made this —?/ day of 4uj_v. -- , 20 /-? by and
between RESTORATION SYSTEMS, LLC, a North Carolina limited liability company
(hereinafter referred to as "Assignor"), and NORTH CAROLINA WILDLIFE HABITAT
FOUNDATION, INC., a North Carolina not for profit corporation (hereinafter referred to
as "Assignee").
The designation Assignor and Assignee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine, feminine
or neuter as required by context.
RECITALS
WHEREAS, the Assignor is a limited liability company with a purpose to
conserve of property and which is also qualified to be the holder of a conservation
easement pursuant to N.C. Gen. Stat. § 121-34 et. seg_ and Internal Revenue Code
§ 170(h);
WHEREAS, the Assignee is a nonprofit corporation, operated primarily for
conservation purposes, including protection of environmentally valuable and sensitive
land for charitable, scientific, educational, and aesthetic purposes and which is qualified
to be the grantee of a conservation easement pursuant to N.C. Gen. Stat. §121-34 et. sec..
and Internal Revenue Code § 170(h);
WHEREAS, the Assignor acquired a conservation easement, a true copy of which
is attached hereto and incorporated herein as Exhibit A by instrument recorded in Book
589, Page 438, Caswell County Registry, on December 8, 2015 (the "Conservation
Easement") and duly amended on August 4, 2017 by instrument recorded in Book 601,
Page 1239 on certain lands owned by Dennis A. Simmons and wife, Frances U. Simmons,
located in Stoney Creek Township, Caswell County, North Carolina, being hereinafter

referred to as the "Easement Area" and being more particularly described on Exhibit A in
the Conservation Easement;
WHEREAS, the Conservation Easement provides in Article VI(c) that it may be
assigned to a qualified holder provided that the assignee be required to continue in
perpetuity the conservation purposes set forth in that instrument;
WHEREAS, the Assignor wishes to assign and transfer to the Assignee all of its
rights, duties, obligations, and interests in the Conservation Easement and the Assignee
wishes to accept such assignment and all of the rights, duties, obligations, and interests
set forth in such Conservation Easement; and
WHEREAS, the assignment set forth in this instrument has as its primary purpose
the preservation of the Property and the furtherance of mitigation banking and restoration
activities on the easement property, and these activities are intended to compensate for
unavoidable stream and or/wetlands impacts authorized by permits issued by the
Department of the Army.
NOW, THEREFORE, for and in consideration of the sum of One Hundred Dollars
and 401100 ($100.00) and for other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Assignor hereby unconditionally and
irrevocably assigns, transfers, and conveys unto Assignee, its heirs, successors and assigns,
forever and in perpetuity the Conservation Easement of the nature and character and to the
extent set forth and described in Exhibit A, together with the right to preserve and protect the
conservation values thereof, and the Assignee hereby accepts this Assignment of Conservation
Easement, represents and warrants that it is a qualified holder of the Conservation Easement
pursuant to N.C. Gen. Stat. § 121-34 et. seq. and Internal Revenue Code § 170(h) and covenants
and agrees to continue in perpetuity the conservation purposes set forth in such Conservation
Easement and otherwise be bound by the terms thereof.
IN TESTIMONY WHEREOF, Assignor and Assignee have hereunto set their hands
and seals, on the day and year first above written.
ASSIGNOR:
RESTORATION SYSTEMS, LLC
By•
Na
Title: Title:, '
K

ASSIGNEE:
NORTH CAROLINA WILDLIFE
HABITATF D TION, INC.
By:
Name: o1
Title:_
[Notary Acknowledgment Page to follow]

ASSIGNMENT OF CONSERVATION EASEMENT
NOTARY ACKNOWLEDGMENT PAGE
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person personally appeared before me this day, acknowledging to me
that he or she signed the foregoing document as the dauthorized signatory for
RESTORATION SYSTEMS, LLC: �c ,.�I P e -
WITNESS my hand and official seal, this �_ day of`c, 2017-
kJNcgN �,00
(Official Sc jQ e�TAR�
'°rl8L1G
t5-Z0Z, �O�`�
SCO UNT;��`�•
STATE OF NORTH CAROLINA
COUNTY OF Qg� kQ
otary's Officia ignature
i
b(A /7 cc, p
Notary's Printed or Typed Name
My Commission Expires:. ���15_r` z
I certify that the following person personally appeared before me this day, acknowledging to me
that he or she signed the foregoing document as the duly authorized signatory for NORTH
CAROLINA WILDLIFE HABITAT FOUNDATION, INC.: a tw
WITNESS my hand and official seal, this day of ��, 20L'7.
(Official Seal) OVNC,4,V
'OrJgt,IG
15
14L,0U1
1
l�l`���
's OfficY'al Signature
--So k,-., bt.,n
Notary's Printed or Typed Name
My Commission Expires:_ 11-115-21-
4

EXHIBIT A
CONSERVATION EASEMENT AND AMENDMENT

Unofficial Document
Fled 1210&2015 1 1 12:45 AM
G" S. Mitchell, Register of Deeds
Caswell County, NC
REAL ESTATE EXCISE TAX. $736.00
Excise Tax: $736.00
Unofficial Document
BOOK 589 PAGE 438(14) 332879
Drafted by and return to: Schell Bray PLLC
100 Europa Drive, Suite 271
Chapel Hill, NC 27514
STATE OF NORTH CAROLINA
PERMANENT CONSERVATION
EASEMENT
COUNTY OF CASWELL
THIS PERMANENT CONSERVATION EASEMENT ("Conservation Easement") made
this 8th day of December, 2015 by and between DENNIS A. SIMMONS and wife, FRANCES
U. SIMMONS (aka Mary U. Simmons) ("Grantor") and RESTORATION SYSTEMS, LLC, a
North Carolina limited liability company ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Stoney Creek Township, Caswell County, North Carolina, more particularly described as the
Conservation Easement Area in Exhibit A attached hereto and incorporated herein ("Property");
and
WHEREAS, Grantor and Grantee desire to facilitate the establishment of an
environmental mitigation bank on the Property as more particularly described herein; and
WHEREAS, Grantee agrees that it shall cause the appropriate environmental mitigation
and restoration to be accomplished on the Property as more particularly set forth herein and,
upon completion of such restoration and mitigation, Grantee will assign this Conservation
Easement to a non-profit corporation or trust whose purpose is the conservation of property and

Unofficial Document Ugyfk4iilo&jSAWnt
which is qualified to be the grantee of a conservation easement pursuant to N,C. Gen. Stat. §121-
34 Ll- .. and Internal Revenue Code § 170(h); and
WHEREAS, the preservation of the Property is required and governed by Grantee's Cape
Fear 02 Umbrella Mitigation Bank ("Mitigation Banking Instrument") to be filed with the North
Carolina Division of Water Resources ("DWR"); and
WHEREAS, Grantor and Grantee agree that third -party right of enforcement shall be
held by the U.S. Army Corps of Engineers, Wilmington District ("Corps" and including any
successor agencies) and DWR and that these rights are in addition to, and do not limit, the rights
of the parties to the Mitigation Banking Instrument.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and
conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation
Easement of the nature and character and to the extent hereinafter set forth, over the Property described
on Exhibit A, together with the right to preserve and protect the conservation values thereof, as
follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in
gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal
representatives, heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder.
A. Disturbance of Natural Fcatures. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction of non-native plants and/or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above
the Property.

Unofficial Document Ugsf 06-'A6L10&VS:Wj�ent
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destnrction, harming, tuning or mowing
of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Property; nor enlargement or modification to existing roads, hails or walkways.
G. Signage. No signs shall be permitted an or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as
owner of the property.
H. Dumping or Storage. Damping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any
placement of underground or aboveground storage tanks or other materials on the Property is prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Property, except to restore natural
topography or drainage patterns.
J. _Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the easement area by any means, removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished by
this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
dirt bikes, all -terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
ARTICLE III

Unofficial Document Ug;0&4,�].o&int
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for itself, and its successors or assigns, the right to continue
the use of the property for all purposes not inconsistent with this Conservation Easement, including,
but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the
right to hunt, fish, and hike on the Property, the right to sell, transfer, gift or otherwise convey the
Property, in whole or in part, provided such We, transfer or gift conveyance is subject to the terms of,
and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and
assigns, the right to construct wetland and stream mitigation on the Property, in accordance with the
detailed mitigation plan approved in accordance with the Mitigation Banking Instrument.
ARTICLE IV.
GRANTEE'S RIGH'T'S
The Grantee or its authorized representatives, successors and assigns, and the Corps and
DWR shall have the right to enter the Property at all reasonable times for the purpose of inspecting the
Property to determine if the Grantor, or its successors, or assigns, is complying with the terms,
conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also have
the right to enter and go upon the Property for purposes of making scientific or educational
observations and studies, and taking samples. The easement rights granted herein do not include
public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any
activity on or use of the Property that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Property that may be damaged by such activity
or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the
attention of the Grantee, the Grantee shall notify the Grantor in writing of such breach. The
Grantor shall have 30 days after receipt of such notice to correct the conditions constituting such
breach. If the breach remains uncured after 30 days, the Grantee may enforce this Conservation
Easement by appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a
temporary restraining order, injunctive or other appropriate relief if the breach of the term of this
Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such
circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of,
all other rights and remedies available to Grantee in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and
attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the
breach. The Corps shall have the same right to enforce the terms and conditions of this easement as the
Grantee.

Unofficial Document Ug9fkA,§alo&int
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Property resulting from causes
beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or
third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith by
Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to
property or harm to the Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, lax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to this
Conservation Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the
benefits derived from and arising out of this Conservation Easement, and that Grantor will wan -ant
and defend title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Property. The Grantor agrees to provide written notice of such transfer at least sixty (60) days prior
to the date of the transfer. The Grantor and Grantee agree that the terms of this Conservation
Easement shall survive any merger of the fee and casement interests in the Property or any portion
thereof and shall not be amended, modified or terminated without the prior written consent and
approval of the Corps and DWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and
agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving
the interest will be a qualified holder under N.C. Gen. Stat. § I21-34 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.
D. Entire Agreement and Severability. 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 void or unenforceable by a court of competent jurisdiction, the remainder shall continue in
full force and effect.
E. Obli ations of ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Properly. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of

Unofficial Document U ggf��g lD&jSWjbent
the Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the
obligation to comply with federal, state or local laws, regulations and permits that may apply to the
exercise of the Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued use
of the Property for the conservation purposes, this Conservation Easement may only be extinguished,
in whole or in pan, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent
domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement,
Grantor and Grantee shall join in appropriate actions at the time of such taking to recover the full
value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily
converted following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to
the fair market value of this Conservation Easement. The parties stipulate that the fair market value
of this Conservation Easement shall be determined by multiplying the fair market value of the
Property unencumbered by this Conservation Easement (minus any increase in value alter the date of
this grant attributable to improvements) by the ratio of the value of this casement at the time of this
grant to the value of the Property (without deduction for the value of this Conservation Easement) at
the time of this grant. The values at the time of this grant shal l be the values used, or which would have
been used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the
Internal Revenue Code (whether eligible or ineligible for such a deduction). Grantee shall use its share
of the proceeds in a manner consistent with the purposes of this Conservation Easement.
1. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
To Grantor.
Dennis A. Simmons and wife, Frances U. Simmons
2820 Milesville Road
Elon, NC 27244
To Grantee:
Restoration Systems, LLC
1 I01 Haynes Sheet, Suite 211
Raleigh, North Carolina 27604
To the Corns:
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403

Unofficial Document UjRg9f''4a].o&i int
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time
after the occurrence of one of these events Grantee fails to make an assignment pursuant to this
Conservation Easement, then the Grantee's interest shall become vested in another qualified grantee in
accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment This Conservation Easement may be amended but only in a writing signed by
all parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement or the status of the Grantee under any applicable laws, and is consistent with the
conservation purposes of this grant.
L. Present Condition of the Property. The wetlands, scenic, resource, environmental, and
other natural characteristics of the Property, and its current use and state of improvement, are
described in Section _, Appendix B of the Mitigation Plan, dated, prepared by Grantor and
acknowledged by the Grantor and Grantee to be complete and accurate as of the date hereof. Both
Grantor and Grantee have copies of this report. It will be used by the parties to assure that any future
changes in the use of the Property will be consistent with the terms of this Conservation
Easement However, this report is not intended to preclude the use of other evidence to establish the
present condition of the Property if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
(signatures continued on the following page]

Unofficial Document UJgfkAii1p&AWnt
M TESTIMONY WHEREOF, the Gtanlor has hereunto set his hand and seal, the day and year Gist
above written.
BA-nwq--'� r¢ 'SEAL)
DEIVNIS A. SIMMONS r
rcGy Gf•5���lJhlXw2r.(5LAL1
FRANCES U. SIMMONS
(aka MARY U. SIMMONS)
NORTH CAROLINA
COUNTY OF
1, �r,ca, a Notary Public in and for the County and State aforesaid, do hereby certify that
Dennis A. Simmons and wife, Frances U. Simmons (aka Mary U. Simmons) personally appeared
before me this day and acknowledged the execution of the foregoing instrument.
IN WITNESS WHEREOF, 1 have hereunto set my hand and Notary Seal this the 81h day of December,
2415.
=Eouft)-
Notary Public
My commission expires.- If
10-r5 3008

Unofficial Document U ggf c 6a]-D�ijSRWnt
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and
year first above written.
Re tarativ Syst LLC
B. Its: c.�,a�s _
NORTH CAROLINA
COUNTY OF -.JAKE
I, i- a Notary Public to and for the County and State
aforesaid, do hereby certify that Zo1x K &C:rr z , an
behalf of Grantee, personally appeared before me this day and acknowledged the execution of the
foregoing instrument in the capacity above indicated.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the ' v' day of
December, 2015,
`ttttutnrrrrrp,
rotary Pik he C.�J�sarop O
August ,
My commission expires: 07
20tH
qua.,y -q- ell c t
.i0)--

Unofficial Document UggfkA,�lp&int
Exhibit A
BENTON BRANCH CONSERVATION EASEMENT
BEING all of those certain conservation easement sections labeled "Section A," "Section B,"
"Section C," "Section D," "Section E," "Section F," "Section G;"Section H," "Section 1," and
"Section J" of the Benton Branch Mitigation Bank, lying and being situated in Stoney Creek
Township, Caswell County, North Carolina and shown on that certain plat of survey entitled
"Conservation Easement Survey for Restoration Systems, LLC of the Benton Branch Mitigation
Bank" by K2 Design Group P.A., bearing the seal of John A. Rudolph, P.L.S. L-4194, dated
December 4, 2015, and recorded in Book 1 Pagc(s) -_of the Caswell County Registry
(the "Survey") (all distances are ground distances unless otherwise noted):
Section "A"
Beginning at a point (Point of Beginning) labeled as Point No. 3 and being the Northwestern
most corner of Section "A" and being located North 78°2615" East 2141.55 feet from an iron
stake (Point No. 518) with N.C. Grid Coordinates N=920,539.5697', E-1,874,693.3897' (NAD
'83 (20I1)),
Thence from the Point of Beginning (Point No. 3), North 60°57'07" East 168.62' to a point;
thence South 20°43'02" East 108.65' to a point; thence North 90100'00" East 65.83' to a point;
thence South 62417'41" East 40.13' to a point; thence South 46'22'12" East 42.21' to a point;
thence South 30°31'01" East 42.26' to a point; thence South 10°2617" East 52.20' to a point;
thence South 05°3822" West 78.65' to a point, thence South 2518'45" West 65.13' to a point,
thence North 50° 14'50" West 386.55' to a point; thence North 19023'30" West 47.96' to a point
(Point No. 3) which is the Point of Beginning, having an area of I.37 acres_
Section "B"
Beginning at a point (Point of Beginning) labeled as Point No. 35 and being a western comer of
Section "B" and being located North 8859'38" East 2160.54 feet from an iron stake (Point No.
518) with N.C. Grid Coordinates N=920,539.5697', E=1,874,693.3897' (NAD '83 (2011)).
Thence from the Point of Beginning (Point No. 35), North 29°31'13" East 193.9I' to a point;
thence South 46004'22" East 174.91' to a point; thence South 29151'47" West 37.92' to a point;
thence South 12°31'02" East 58.74' to a point; thence South 799340" West 46.00' to a point;
thence South 24'38'17" West 230.21' to a point; thence South 0910451 " West 204.16' to a point;
thence South 53°58'05" East 126.72' to a point; thence South 59152'22" East 189.13' to a point;
thence South 71'25'43" East 156.03' to a point; thence North 65°2444" East 24.50' to a point;
thence South 66°26'05" East 111.73' to a point; thence South 22°07'56" West 140.12' to a point;
thence South 7535'13" West 75.94' to a point; thence North 6003607" West 132.76' to a point;
thence North 88°47'22" West 88.31' to a point; thence North 6543'33" West 36.31' to a point;

Unofficial Document UgfiLlo��nt
thence North 53°53'14" West 183.36' to a point; thence North 88°12'50" West 161.69' to a point;
thence North 07°31'00" West 79.64' to a point; thence North 23°10'44" West 89.44' to a point;
thence North 023646" East 97.74' to a point; thence North 09057'21" East 150.72' to a point;
thence North 19°45'00" East 173.29' to a point; thence North 26023'l 1 " East 110.46' to a point
(Point No. 35) which is the Point of Beginning, having an area of 5.40 acres.
Section "C"
Beginning at a point (Point of Beginning) labeled as Point No. 46 and being the Southwestern
most corner of Section "C" and being located South 55°52'06" East 2001.62 feet from an iron
stake (Point No. 518) with N.C. Grid Coordinates N=920,539.5697', Em1,874,693.3897' (NAD
'83 (2011)).
Thence from the Point of Beginning (Point No. 46), North 17004'59" East 118.90' to a point;
thence South 88°4652" East 39.29' to a point; thence North 12"52'14" East 68.54' to a point;
thence North 86°05'45" East 56.14' to a point; thence North 5251'25" East 29.54' to a point;
thence North 80°56'37" East 170.00' to a point; thence North 32°16'25" East 145.43' to a point;
thence North 01 ° 12'18" West 120.71' to a point; thence South 88° 12'50" East 153.68' to a point;
thence South 53°53'14" East 47.80' to a point; thence South 00°00'00" East 57.78' to a point;
thence South 09°04'30" West 92.06' to a point; thence South 32°26'01" West 213.62' to a point;
thence South 47°45'08" West 46.43' to a point; thence South 60°36'40" West 46.98' to a point;
thence South 76°41'10" West 237.29' to a point; thence South 89°43'08" West 168.94' to a point
(Point No. 46) which is the Point of Beginning, having an area of 2.99 acres.
Section "D"
Beginning at a point (Point of Beginning) labeled as Point No. 70 and being the Southwestern
most coater of Section "D" and being located South 7247'58" East 2864.78 feet from an iron
stake (Point No. 518) with N.C. Grid Coordinates N=920,539.5697', E=1,874,693.3897' (NAD
'83 (2011)).
Thence from the Point of Beginning (Point No. 70), North 22°07'56" East 157.95' to a point;
thence South 55009'58" East 81.42' to a point; thence South 63°58'31" East 58.08' to a point;
thence North 75°39'51" East 61.75' to a point; thence South 88°34'00" East 76.40' to a point;
thence South 41'0541 " East 26.63' to a point; thence South 89029'00" East 70.66' to a point;
thence South 8243'05" East 30.I6 to a point; thence South 7545'11" East 57.07' to a point;
thence North 52'l 4101 " East 41.85' to a point; thence North 79011154" East 79.78' to a point;
thence South 67°03'37" East 97.09' to a point; thence South 01 °35'56" West 118.72' to a point;
thence South 01 ° 19'17" West 59.93' to a point; thence South 01 °24'36" West 23.96' to a point;
thence North 82°29'11" West 439.10' to a point; thence North 82°06'01" West 144.51' to a point;
thence North 07°45'55" West 15.21' to a point; thence North 60°30'57" West 118.54' to a point
(Point No. 70) which is the Point of Beginning, having an area of 2.83 acres.

Unofficial Document U&qggt*'iLI-DOI&
Section "E"
Beginning at a point (Point of Beginning) labeled as Point No. 90 and being the Northwestern
most corner of Section "E" and being located South 70°54'26" East 2994.31 feet from an iron
stake (Point No. 518) with N.C. Grid Coordinates N=920,539.5697', E=1,874,693.3897' (NAD
'83 (2011)).
Thence from the Point of Beginning (Point No. 90), thence South 82006'01 " East 161.65' to a
point; thence South 16040'08" East 54.30' to a point; thence South 36044'35" East 41.34' to a
point; thence South 080 1441" East 48.19' to a point; thence South 01 °29'57" West 54.74' to a
point; thence South 40150'44" East 43.79' to a point; thence South 20°23'32" East 43.84' to a
point; thence South 07°32'33" West 53.34' to a point; thence South 30°28'07" East 193.40' to a
point; thence South 36°46'16" East 118.14' to a point; thence South 04°23'40" East 41.13' to a
point; thence North 89°00'30" West 127.38' to a point; thence North 88°36'06" West 317.72' to a
point; thence North 88°45'40" West 84.49' to a point; thence North 2308'49" East 86.10' to a
point; thence North 57031'47" East 204.46' to a point; thence North 13°26'40" West 254.94' to a
point; thence North 09'l 7'14" West 146.42' to a point; thence North 20'09'11 " West 33.25' to a
point; thence North 10°23'01" East 15.07' to a point (Point No. 90) which is the Point of
Beginning, having an area of 3.59 acres.
Section "F"
Beginning at a point (Point of Beginning) labeled as Point No. 135 and being the Northwestern
most comer of Section "F" and being located South 4541'30" West 290.28 feet from an iron
stake (Point No. 518) wrath N.C. Grid Coordinates N=920,539.5697', E=1,874,693.3897' (NAD
'83 (2011)).
Thence from the Point of Beginning (Point No. 135), thence North 81°59'16" East 125.99' to a
point; thence South 27018137" East 195.44' to a point; thence South 05°45'28" East 188.75' to a
point; thence South 33045'54" East 276.57' to a point; thence South 17106'24" East 246.14' to a
point; thence South 38°31'55" East 98.34' to a point; thence South 89°05'23" East 70.18' to a
point; thence North 3 1'2643" East 151.60' to a point; thence North 31 °52'34" West 236.04' to a
point; thence North 60°4746" West 171.95' to a point; thence North 13°20'39" East 225.02' to a
point; thence North 58001'51" East 11 1.61'to a point; thence South 68°51'25" East 52.55' to a
point; thence North 22°5934" East 173.54' to a point; thence North 13'25'49" West 328.00' to a
point; thence North 31012'43" East 160.91' to a point; thence South 49°08'44" East 144.27' to a
point; thence South 14°56'37" West 131.59' to a point; thence South 21 21'05" East 190.68' to a
point; thence South 84°19'51" East 67.84' to a point; thence North 14°40'07" East 86.18' to a
point; thence North 39032'30" East 75.59' to a point; thence South 65°33'20" East 135.54' to a
point; thence South 19° 19'04" West 95.24' to a point; thence South 23°27'27" West 120.32' to a
point; thence South 40°19'12" West 136.00' to a point; thence South 315641" West 140.26' to a
point; thence South 5339'25" West 108.30' to a point; thence South 21'06'45" East 104.32' to a
point; thence South 04* 17'30" West 77.76' to a point; thence South 52'16'43" East 59.39' to a
point; thence South 02053'00" East 173.99' to a point; thence South 34° 1331 " West 242.80' to a
point; thence South 06035'47" West 44.83' to a point; thence South 8657'45" West 170.98' to a

Unofficial Document UggfkA&L].o&AWnt
point; thence North 80612'58" West 5639' to a point; thence North 42°37'07" West 178.13' to a
point; thence North 22°43'54" West 85.65' to a point; thence North 12°45'55" West 140.61' to a
point; thence North 37°25'28" West 75.41' to a point; thence North 28°55'22" West 180.88' to a
point; thence North 35*0631" West 84.11' to a point; thence North 08°57'04" West 226.79' to a
point; thence North 49035'02" West 56.01' to a point; thence North 07°07'06" West 141.57' to a
point (Point No. 135) which is the Point of Beginning, having an area of 12.34 acres.
Section "G"
Beginning at a point (Point of Beginning) labeled as Point No. 136 and being the Western most
corner of Section "G" and being located South 85°59'30" East 765.44 feet from an iron stake
(Point No. 518) with N.C. Grid Coordinates N=920,539.5697', E=1,874,693.3897' (NAD '83
(2011)).
Thence from the Point of Beginning (Point No. 136), North 48032'04" East 140.69' to a point;
thence North 6037'29" East 112.81' to a point; thence South 58016'16" East 53.19' to a point;
thence South 04°42'22" East 111.57' to a point; thence South 66°22'18" West 154.99' to a point;
thence North 65°33'22" West 127.56' to a point (Point No. 136) which is the Point of Beginning,
having an area of 0.68 acres.
Section "H"
Beginning at a point (Point of Beginning) labeled as Point 142 and being the Northwestern most
corner of Section "H" and being located South 14°5248" East 1309.96 feet from an iron stake
(Point No. 518) with N.C. Grid Coordinates N=920,539.5697', E=1,874,693.3897' (NAD '83
(2011)).
Thence from the Point of Beginning (Point No. 142), thence North 8657'45" East 139.58' to a
point; thence South 0205729" East 62.05' to a point; thence South 1703346" West 44.98' to a
point; thence South 19658'41 " East 60.84' to a point; thence South 74°38'16" West 75.34' to a
point; thence South 58009'52" West 69.16' to a point; thence North 17'18'01" West 60.06' to a
point; thence North 17618'01" West 60.06' to a point; thence North 10611'40" East 97.93' to a
point (Point No. 142) which is the Point of Beginning, having an area of 0.62 acres.
Section "1"
Beginning at a point (Point of Beginning) labeled as Point I48 and being the Northeastern most
corner of Section "1" and being located South 33633'16" West 2249.09 feet from an iron stake
(Point No. 518) with N.C. Grid Coordinates N=920,539.5697', E=1,874,693.3897' (NAD '83
(2011)).
Thence from the Point of Beginning (Point No. 148), thence South 09615'50" East 31.63' to a
point; thence South 26632'36" West 49.85' to a point; thence South 48606'34" East 65.84' to a

Unofficial Document Uig;A&A,�1D&psAWnt
point; thence South 1804721 " East 124.50' to a point; thence South 17'12'50" West 72.99' to a
point; thence South 50°06'53" West 136.49' to a point; thence South 1328'55" West 108.19' to a
point; thence South 0400939" West 114.13' to a point; thence South 60"23'14" West 86.76' to a
point; thence South 60°23'14" West 86.76' to a point; thence North 01°47'28" West 26.90' to a
point; thence North 07030'56" West 47.68' to a point; thence North 20130'52" West 55.12' to a
point; thence North 34°56'41 " West 27.93' to a point; thence North 46°07'56" West 19.07' to a
point; thence North 591'0938" East 60.71' to a point; thence North 16'47'24" East 198.31' to a
point; thence North 38007'44" East 130.60' to a point; thence North 424539" West 128.46' to a
point; thence North 34034'12" East 166.16' to a point; thence South 62012'08" East 52.99' to a
point; thence North 81"274 1 " East 51.49' to a point (Point No. 148) which is the Point of
Beginning, having an area of 2.69 acres.
Section "J"
Beginning at a point (Point of Beginning) labeled as Point 164 and being the Eastern most comer
of Section "J" and being located South 36r 19'34" West 2295.48 feet from an iron stake (Point
No. 518) with N.C. Grid Coordinates N=920,539.5697', E=1,874,693.3897' (NAD '83 (2011)).
Thence from the Point of Beginning (Point No. 164), thence South 349412" West 157.33' to a
point; thence North 68°13'03" West 58.86' to a point; thence North 89°06'19" West 76.32' to a
point; thence North 10050'03" East 192.31' to a point; thence South 65°5343" East 201.68' to a
point (Point No. 164) which is the Point of Beginning, having an area of 0.63 acres.
ALL TOGETER WITH those certain non-exclusive, permanent access easements for ingress,
egress and regress and future utility easement labeled "Access Easement I," "Access Easement
2," "Access Easement 3," "Access Easement 4," "Access Easement 5," "Access Easement 6;'
"Access Easement 7," "Access Easement 8," and "Access Easement 9" as shown on the Survey-

Fled ot1t3012to 57 AM BOOK 601 PAGE 1239 4 337848
Ginny S. Mitchell,, Register
ster of Deeds
Caswell County, NC 11 IuUll�l�1111
STATE OF NORTH CAROLINA
COUNTY OF CASWELL
AMENDMENT TO CONSERVATION EASEMENT
THIS AMENDMENT TO CONSERVATION EASEMENT ("Amendment") is made and entered
into this __�_ day of 2017 by and between Dennis A. Simmons and wife Frances U.
Simmons (a/k/a Mary U.r mons) (collectively "Grantors") and RESTORATION SYSTEMS, LLC, a
North Carolina limited liability company ("Grantee"),
WHEREAS, Grantors conveyed to Grantee on December 8, 2015 a permanent conservation
easement ("Conservation Easement") over certain real property lying and being in Stoney Creek
Township, Caswell County, North Carolina and recorded in the Caswell County real property records at
Book 584 Page 438; and
WHEREAS Grantors and Grantee wish to amend the Conservation Easement to include
additional rights, duties, and obligations set forth below while preserving the Conservation Easement in
its entirety.
NOW THEREFORE in consideration of the mutual promises, covenants, and agreements by and
between the Parties, made in this Amendment and otherwise, the receipt and sufficiency. of which each
Party hereby Acknowledges, including the payment of One Hundred and 001100 Dollars ($100.00) to
Grantors by Grantee on this date, Grantors and Grantee hereby agree to amend the Conservation
Easement as follows:
Article 11 of the Conservation Easement is hereby amended to include the following additional
Subparagraph:
N. fencing, Following the conclusion ofmitigation bank site work as sel forth in -the bank site
mitigation plain and Mitigation Banking Instruniattt ori file with Corps and Dff,R, all maintenance and
replacement responsibilities with respect to fencing and other boundar), identification, with the exception
of signage, on the Property shall be the sole responsibility of lite Grantor, in perpetuint

Grantors and Grantee affirm that all other provisions of Ilse Conservation Easement not modified
by this Amendment shall remain unchanged and in full force and effect. Grantors and Grantee intend that
no other amendments be made to the Conservation Easement as of this date save for those set forth in this
Amendment.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
[signatures continued on the following page]
2

IN TESTIMONY WHEREOF, Grantors have hereunto set their hand and seal, on the day and year First
above written.
Jel
'2�,'SEAL)
Dennis A. Simmons
Z&L—�4(SEAL)
Frances U. Simmons
NORTH CAROLINA
COUNTY OF Cs I I
1, 1)-1--. - a Notary Public in and for the County and State aforesaid, do hereby certify that
Dennis A. Simmoa Grantor, personally appeared before me this day and acknowledged the execution
of the foregoing instrument.
WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the Y day of
44tA1q4-- .2017.
Public
My commission expires:
Jl- 11-- -a
NORTH CAROLINA
COUNTY OF . i„1�. LZ
�oyNi608800j
.•`�� �uNQ41VwA''•
Zr uAk 9;
�
Ili 4S �- a
Cj
.,'FCOUN,�,,,',
�1u11
I, ML4b. Um n a Notary Public in and for the County and State aforesaid, do hereby certify that
Frances U. Simmons, Grantor, personally appeared before me this day and acknowledged the execution
of the foregoing instrument.
WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the V day of
"R -ten S 4-_ '20 17.
Public
My commission expires:
Il -1s- z r
s3

IN TESTIMONY WHEREOF, the Grantee has hereunto set its hand and seal, on the day and year first
above written.
afurvC'��y,��� RESTORATION SYSTEMS, LLC
0 o lUu'%
�� a 7,1,$, �3
Nm ^ �
db
7, moi,
-202% G �` Title.
COU�I duly authori_ed jor Grantee
NORTH CAROLINA
COUNTY OF
I, dam- .---L a Notary Public in and for the County and State aforesaid, do hereby certify
that. - _ rs_of Grantee, personally appeared before me this
day and acknowl ged the execution of the foregoing instrument as duly -authorized signatory for
Restoration Systems, LLC. i
IN WITNESS WHEREOF, l have hereunto s my
hand and Notary Seal this theZ3 day of
5 H t d_ , 2017. ., _
otary Pu
My commission expires:
_ll -Is -2 i

Appendix F. RS Letter to the City of Burlington Concerning Wastewater Effluent Disposal
Benton Branch. Bank Parcel Development Plan Appendices

September 14, 2017
Mr. Shane Fletcher
City of Burlington, NC —Water Resources
37 West Maple Avenue
Burlington, NC 27215
Sent Electronically—[e-mail]
Dennis Simmons Copied via US Post
Subject: Stream Restoration Project on Dennis Simmons' Property, Stoney Creek Township, Caswell
County, NC. Cessation of Effluent within Conservation Easement Areas.
Dear Mr. Fletcher:
Restoration Systems is sending this letter and attachments on behalf of Dennis Simmons, who the City of
Burlington currently holds an agreement with to spray effluent over his parcels located at the interchange
of Massey Rd. and Milesville Rd; Caswell County Map and Parcel: 0044 067. Restoration Systems
purchased a conservation easement over 33.14 acres of Mr. Simmons' property to restore and protect
the streams and adjacent riparian areas in perpetuity. The easement was recently assigned to the North
Carolina Wildlife Habitat Foundation (NCWHF). The easement prohibits the spraying of effluent, and as
such, the City will no longer be able to use these areas for discharge. The easement does not prevent the
discharge of effluent outside of the easement boundaries, and the City will be able to continue its
practices so long as Mr. Simmons is in agreement.
Stream restoration construction activities are scheduled to begin late Fall 2017 and are completed by April
2018. Once completed, the easement boundary will be delineated with NCWHF easement signs, fencing
and permanent monuments. I have attached a property map overview via Caswell County's online GIS
mapping service, a copy of the Conservation Easement Assignment, a copy of the recorded plat, and a
Google Earth layer of the easement. If you have any questions, please feel free to contact me at 919-755-
9490.
Sincerely,
40co 4LOOOF
Worth Creech
Project Manager
Attachments:
- Property Map via Caswell County Online
- Recorded Conservation Easement Assignment to NCWHF
- Recorded Plat
- Google Earth file of Easement Boundary
1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492

Appendix G. Permits
Benton Branch. Bank Parcel Development Plan Appendices

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2015-01701 County: Caswell U.S.G.S. Quad: Cherry Grove
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Restoration Systems, LLC
Attn: Worth Creech
Address: 2202 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Size (acres) 33.14 Nearest Town Elon
Nearest Waterway Benton Branch River Basin Cape Fear
USGS HUC 03030002 Coordinates 36.275885 N, -79.421314 W
Location description: The proiect site, known as the Benton Branch site, part of the Cape Fear 02 Umbrella Mitigation Bank, is
located on both sides of Milesville Road near its intersection with Massey Road, north of Elon, in Caswell County, North
Carolina.
Description of projects area and activity: This permit authorizes mechanized land clearing, excavation, stream relocation, and
the permanent discharge of dredged or fill material into 3,513 linear feet of stream channel and 0.17 acre of wetlands, and the
temporary discharge of dredged or fill material into 2.12 acre of wetlands, associated with restoration and enhancement
activities.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 27 Aquatic Habitat Restoration, Enhancement, and Establishment Activities.
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application (and attachments) signed and dated 5/23/2017, additional information sent via email on 6/22/2017,
and the enclosed plans Sheets 1, 2, 2A -J, 3, 3A-0, 4-21, X - 01 0 , E-2, E -2A, E-3, E - 3A -H, E - 4-21, P - 2-21 dated 5/8/2017.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,
a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact David Bailey at [phone] X 30 or David.E.Bailev2(&usace.armv.mil.
Digitally signed . GoverBAILEnment,
o .=Doo, 83736
ou=PKI
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA, cn=BAILEY.DAVID.E.1379283736
Corps Regulatory Official: Date: 2017.06.30 16:19:47-04'00' Date: 6/30/2017
Expiration Date of Verification: 3/18/2022

SPECIAL CONDITIONS
1. The activities will be conducted in strict compliance with the Final Mitigation Plan and the
information submitted including the design plans entitled "Construction Plans, Benton Branch
Site" dated May 8, 2017, and meet the conditions applicable to the NWP, as described at Part C of
the NWP Program and the Wilmington District NWP Regional Conditions.
2. This Nationwide Permit verification does not imply approval of the suitability of this property for
compensatory mitigation for any particular project. The use of any portion of this site as
compensatory mitigation for a particular project will be determined during the permit review
process.
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/Pp=136:4:0

Determination of Jurisdiction:
A. ❑ There are waters, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you
may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if
work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must
be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States
and prior to any work that could alter the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
C. ❑ There are waters, within the above described project area that are subject to the permit requirements of Section 404 of the
Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 9/22/2015. Action ID: SAW -2015-01701.

Action ID Number: SAW -2015-01701 County: Caswell
Permittee: Restoration Systems, LLC, Attn: Worth Creech
Project Name: Benton Branch site / Cape Fear 02 Umbrella Stream Mitigation Bank / Alamance /
Restoration Systems
Date Verification Issued: 6/30/2017
Project Manager: David Bailey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: David Bailey
Raleigh Regulatory Office
U.S Army Corps of Engineers
3331 Heirtage Tade Drive, Suite 105
Wake Forest, North Carolina 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

June 28, 2017
Restoration Systems LLC
Attn: Worth Creech
2202 Haynes Street, Suite 211
Raleigh NC 27604
ROY COOPER.
Goverwi,
MICHAEL S. REGAN
Secretafj,
S. JAY ZIMMERMAN
Director
DWR # 20141149 v5
Caswell County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Benton Branch Mitigation Bank Site
Dear Mr. Creech:
You have our approval for the impacts listed below for the purpose described in your application dated May
23, 2017, received by the Division of Water Resources (Division) May 25, 2017, with subsequent
information on June 22, 2017. These impacts are covered by the attached Water Quality General
Certification Number 4087 and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b) and/or (c)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
Stream UT1
290 (linear feet)
0 (linear feet)
Stream UT2
375 (linear feet)
0 (linear feet)
Stream UT3
812 (linear feet)
0 (linear feet)
Stream UT4
811 (linear feet)
0 (linear feet)
Stream UT4a
264 (linear feet)
0 (linear feet)
Stream UT6
290 (linear feet)
0 (linear feet)
Stream UT4b
769 (linear feet)
0 (linear feet)
State of North Carolina I Environmental Quality
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: [phone] FAX: [phone]

Restoration Systems LLC
DWR# 20141149 v5
401 APPROVAL
Page 2 of 3
404/401 Wetlands
Wetland DA
0.006 (acres)
0.02 (acres)
Wetland GA
0.003 (acres)
0.008 (acres)
Wetland SF
0.004 (acres)
0.06 (acres)
Wetland SG
0.11 (acres)
1.72 (acres)
Wetland DC
0.008 (acres)
0.04 (acres)
Wetland GF
0.001 (acres)
0.04 (acres)
Wetland GE
0.002 (acres)
0.03 (acres)
Wetland SB
0.02 (acres)
0.06 (acres)
Wetland GD
0.005 (acres)
0.03 (acres)
Wetland SD
0.009 (acres)
0.02 (acres)
Wetland SC
0.001 (acres)
0.004 (acres)
Wetland SA
0 (acres)
0.03 (acres)
Wetland SE
0 (acres)
0.002 (acres)
Wetland GB
0 (acres)
0.001 (acres)
Wetland DB
0 (acres)
0.08 (acres)
Open Waters
Pond 01
0.22 (acres)
0 (acres)
Pond 02
0.21 (acres)
0 (acres)
Pond 03
0.31 (acres)
0 (acres)
Pond 04
0.39 (acres)
0 (acres)
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given
a copy of this approval letter and General Certification(s) and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
3. Stream bed habitat material, such as cobble and gravel, should be harvested from abandoned
channels and relocated to new channels to the maximum extent practicable. [15A NCAC 02H
.0506(b)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within
sixty (60) calendar days.
A petition form may be obtained from the OAH at http:Hwww.ncoah.com/ or by calling the OAH Clerk's Office
at [phone] for information. A petition is considered filed when the original and one (1) copy along
with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday
between 8:00am and 5:00pm, excluding official state holidays).

Restoration Systems LLC
DWR# 20141149 v5
401 APPROVAL
Page 3 of 3
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact
Sue Homewood at 336-776-9693 or [e-mail] if you have any questions or concerns.
Sincerely,
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 4087
cc: Dennis & Mary Simmons, 2820 Milesville Rd, Elon NC 27244
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Andrea Hughes, USACE Mitigation Program Manager (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file

Energy, Mineral
and Land Resources
ENVIRONMENTAL OIIALITY
June 20, 2017
LETTER OF APPROVAL
Restoration Systems, LLC
Worth Creech
1101 Haynes St., Suite 107
Raleigh, NC 27604
ROY COOPER
Governor
MICHAEL S. REGAN
&cm[ary
TRACY DAVIS
Dimaor
RE: Project Name: BENTON BRANCH STREAM AND WETLAND RESTORATION
Acres Approved: 7
Project ID: CASWE-2017-001
County: Caswell, City: Yanceyville
Address: Milesville Rd.
River Basin: Roanoke
Stream Classification: Other
Submitted By: Mr. Joshua Dalton
Date Received by LQS: May 31, 2017
Plan Type: Other
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 approval 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.
Please be aware that your project will be covered by the enclosed NPDES Construction
Stormwater General Permit NCG010000. Please become familiar with all the requirements and
conditions of this permit in order to achieve compliance.
Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file
at the job site. 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.
Division of Energy, Mineral, and Land Resources
Energy Section - Geological Survey Section • Land Quality Section
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105• Phone: [phone] • FAX: [phone]
Internet: hUtD:/1Dortal.ncdenr.org/webA
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

Letter of Approval
Worth Creech
June 20, 2017
Page 2 of 2
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, 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 insure 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,
Sue White, EI
Regional Engineering Associate
Land Quality Section
Enclosures: Certificate of Approval
NPDES Permit
cc: Mr Joshua Dalton, 915 JONES FRANKLIN RD, RALEIGH NC 27606

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