20141149 Ver 9_FINAL_AsBuiltDocument_20181203

ID#* 20141149
Select Reviewer:*
Katie Merritt
Initial Review
Completed Date
12/03/2018
Mitigation Project Submittal -12/3/2018
Version* 9
Is this a Prospectus, Technical Proposal or a New Site? *
Type of Mitigation Project:*
F Stream r Wetlands V Buffer V Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Katie Merritt
Project Information
Existing 20141149
(DWR) (nunbers only no dash)
I D#: *
Project Name: Benton Branch
County: Caswell
Document Information
r Yes t: No
Email Address:*
[e-mail]
Existing 9
Version: (nun-bersonly)
Mitigation Document Type:*
Mitigation As -Built Plans
File Upload: FINAL Benton Branch Buffer—As B u i It Do cu ment12-
33.19M6
03-2018. pdf
Rease upload only one FDF of the conplete file that needs to be subr itted...
Signature
Print Name:* Raymond Holz
Signature: *
"�ww'- Z

1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492

11-30-2018

To: Katie Merritt
NC Department of Environment and Natural Resources
Division of Water Resources - Wetland and Stormwater Branch
1650 Mail Service Center
Raleigh, NC 27699-1650

Subject: Benton Branch Baseline Monitoring Document and As-Built Report, Response to
Comments and Final Submittal (DWR# 20141149 version 9)

Dear Ms. Merritt,

Responses to DWR comments received on November 7th, 2018 from the review of the Benton Branch
Baseline Monitoring Document and As-Built Report are provided below in blue.

Benton Branch Revised As-Built Report DWR# 2014-1149 v9
DWR staff (Katie Merritt) Comments:

Comment# 2 provided by RS regarding DWR comment on why mitigation amounts in the AsBuilt Report
are slightly different than as proposed in the BPDP:

DWR response to RS Comment #2 and the corresponding Revised AsBuilt Report dated October 2018
is as follows:
1. Section 3.0, Table 1, Survey, Figures 8A & 8B
a. Table 1, the Survey, and Figures 8A & 8B do not correspond.
Restoration Systems (RS) reviewed all documents and agrees with DWR regarding the
inconsistencies. Taking into account items noted regarding credit generation for both Nutrient
Offsets and Riparian Buffer in DWR’s comments below (paragraphs b. and c.), RS worked with
the Surveyor (K2 Design) and Axiom Environmental to correct the inconsistencies. The
resubmittal of Benton Branch’s As-Built report has resolved the inconsistencies and as a result,
credit amounts did change. Thus, RS has resubmitted the entire As-Built document to DWR for
review. For consistency purpose between As-Built Document Figures and the As-Built Survey, RS
had Axiom derive a new series of figures which mimic the layout of the As-Built Survey. RS also
requested that the Survey and Figures use similar color types.

b. Nutrient Offsets –
 When looking at the survey, which is not consistent with Figures 8A & 8B, some areas
proposed as nutrient offset credit (dark blue) exceed 200’ from TOB. These areas are
not viable to generate nutrient offsets (or buffer) and need to be removed from the
credit totals.
These areas have been removed from all figures and the as-built survey. The revised
credit tables reflect this reduction.

1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492

 Figure 8A shows UT2 and where credits from TOB – 200’ are being utilized. Figure 8A
shows an area 101-200’ proposed as “Enhancement via cattle exclusion” (orange),
which is in-line with the BPDP proposal. However, the survey shows this area being
utilized for generating Nutrient Offset (dark blue) and not buffer enhancement
credit. Nutrient Offset is not viable in cattle exclusion areas. Please explain.
The as-built survey has been revised to reflect the correct mitigation action taken onsite
as referenced in the BPDP proposal and mentioned in DWR’s comment above. Nutrient
Offset credit is being derived within this general area, where mitigation actives were
taken to restore riparian areas (e.g., cattle was present, but there was no existing
vegetation (forest), and reforestation was completed as part of the restoration
activities. As noted in Figure 8A, this area was proposed as Riparian Buffer Restoration
within the BPDP, because it was beyond 100’ from the TOP, where applicable, RS
decided to claim nutrient offset credit (101’ – 200’) and not Riparian Buffer Restoration.
Figure 8A properly shows this transition of credit determination between the BPDP and
As-Built. The revised credit tables reflect this change.

 Figure 8B shows UT1 and where credits from TOB-200’ are being utilized. Figure 8B
shows an area 101-200’ proposed as “Nutrient Offset credit” (purple). However, the
survey shows this area being utilized for generating Buffer Restoration (green) and
not nutrient offset credit. Neither the “Construction Legend” on the survey nor Table
1 in the report provides a measurement for Buffer Restoration credits generated in
widths 101-200’. Please explain.
The As-Built survey was improperly developed in this area, and has been corrected.
Riparian Buffer Restoration Credit is being proposed from TOB to 100’, Nutrient Offset
Credit is being proposed from 101’ – 200’ where restoration activities (reforestation)
took place. No credits of any type, are being derived for areas beyond 200’. The revised
credit tables reflect this change.

c. c. Buffer Credits –
 When looking at the survey, the “Construction Legend” says the red represents
Enhancement (via cattle exclusion) within widths of 101-200’. This does not seem to
be the case near UT-2B where areas are within TOB-100. The Legend does not
provide TOB-100’ as a measurement for this. Please explain.
This area was improperly surveyed by RS, Axiom and our Surveyor, and missed during RS’
QA/QC review. Figures, the As-Built Survey and credit determinations tables now reflect
Riparian Buffer Enhancement via Cattle Exclusion (TOB-100 ft) (Yellow), plus Riparian
Buffer Enhancement via Cattle Exclusion (101-200 ft) (Orange) in this area.

 Restoration credits between TOB-100’ are represented as “Green” on the survey.
However, there are some areas in “Green” that are >100’ from TOB and should not
be included in the ft2 for buffer restoration credits measured from TOB-100’.
This inconsistency has been resolved throughout, and the revised credit tables reflect
the revisions.

 Some restoration credits on the survey are shown where widths are >100’ from TOB.
But neither Table 1 in Section 3.0 nor the Construction Legend on the survey show
where this width is accounted for w/ 33% full credit. Please explain.
This was a survey error, and missed during RS’ internal QA/QC. Updates have been
made to the Survey.
1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492

 Some restoration credits (green) are shown on the survey where widths are >200’
from TOB. These areas are not viable to generate buffer or nutrient offset credits
and should be removed from the credit totals. Figure 8A & 8B do not show credits
being generated in these areas.
This was a survey error, and missed during RS’ internal QA/QC. These areas have been
removed from the Survey.

Comment# 4 provided by RS in response to DWR comment on the placement of 20 vs 25 plots

DWR response to RS Comment #4 and the corresponding Revised As-Built Report dated October 2018
is as follows:
2. DWR is supportive of installing additional plots than may be necessary to account for the
riparian buffer & nutrient offset credit areas. However, based on the As-Built Walkthru w/
Worth Creech, DWR only assessed the condition of 11 plots. DWR was under the assumption
that the other plots were installed for purposes of meeting separate performance standards for
the stream mitigation component. No further comment from RS is required for this item.

Restoration Systems needs to provide a response to each item above and provide DWR with supporting
figures, along with a signed survey, that all support the credit assets being proposed.

Thanks,
Katie

BASELINE MONITORING DOCUMENT AND
AS-BUILT BASELINE REPORT

Benton Branch Bank Parcel
DWR# 20141149 version 9

Pursuant to:
Restoration Systems’ Phase One Haw River WS Umbrella Banking Instrument for
Riparian Buffer and Nutrient Offset Mitigation Credits

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 2018
Benton Branch Bank Parcel Baseline Document and Asbuilt Report Executive Summary page i
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
EXECUTIVE SUMMARY
Restoration Systems, LLC has established 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 25th, 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 16th, 2015 by Sue Homewood of 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, were restored and provide riparian buffer mitigation and
nutrient off-set credit.

The Parcel was 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 Parcel was 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, 6th 2017. The Section 404 (Clean Water Act, 33 USC
1344) was granted by the U.S. Army Corps of Engineers on June 30 th, 2017, the corresponding Section
401 Water Quality Certification was granted on June 28th, 2017 and the land quality letter of approval was
granted June 20th, 2017.

Project construction and planting was completed between February 14 and March 14, 2018 with baseline
monitoring conduction between mid-and late March 2018. Benton Branch Nutrient Offset and Riparian
Buffer Bank, the Parcel involved restoring and enhancing 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.
Approximately 33.14 acres will be protected with a permanent conservation easement. Of those 33.14
acres, 10.45 acres will be restored for Jordan riparian buffer credit, 0.08 acre will be restored for nutrient
offset credit, 9.40 acres will be enhanced by the removal of cattle from the streams and riparian areas for
Jordan riparian buffer credit, and 5.005 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
10.44 acres. Figure 5 shows the Credit Determination Map and Section 4.0 provides details of the
mitigation determination on the Bank Parcel.

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Table of Contents page i
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
TABLE OF CONTENTS

EXECUTIVE SUMMARY ........................................................................................................................... i
1.0 PROJECT GOALS, BACKGROUND, AND ATTRIBUTES ......................................................... 1
1.1 Location and Setting ..................................................................................................................... 1
1.2 Project Goals and Objectives ........................................................................................................ 1
2.0 RIPARIAN RESTORATION AND ENHANCEMENT PLAN ....................................................... 2
2.1 Riparian Area Restoration Activities ............................................................................................ 2
2.2 Riparian Buffer Enhancement Activities ...................................................................................... 3
2.3 Marsh Treatment Area .................................................................................................................. 3
3.0 MITIGATION POTENTIAL ............................................................................................................ 3
4.0 MONITORING AND MAINTENANCE PLAN.............................................................................. 5
4.1 Monitoring Protocol ...................................................................................................................... 5
4.2 Parcel Maintenance ....................................................................................................................... 6
4.3 Long Term Management Plan ....................................................................................................... 6
4.4 Easement Boundaries and Fencing ............................................................................................... 6
5.0 FINANCIAL ASSURANCE ............................................................................................................ 6
6.0 REFERENCES ................................................................................................................................. 7

APPENDICES
Appendix A. Figures
Figure 1. Site Location
Figure 2. Current Conditions Plan View
Figure 3. Historic Conditions Plan View
Figure 4. Restoration Plan
Figure 5. Credit Determination (5A – 5F)
Figure 6. Close-up of Restoration Buffer Width TOB-29 Feet
Figure 7. Potential Conversion of Wetland Credit to Riparian Buffer Credit
Figure 8. Credit Determination BPDP vs As-Built (UT1 & UT2)
As-Built Survey – Sheets 1-10
Appendix B. Vegetation Data
Table 2. Planted Bare Root Woody Vegetation
Table 3. Total Planted Stems by Plot and Species
Vegetation Plot Photographs
Appendix C. NC DWR Stream Determination
Appendix D. Conservation Easement
Appendix E. Financial Assurances
Appendix F. 15A NCAC 02B .0295 (Consolidated Buffer Mitigation Rule – Effective Date October 24,
2014)
Appendix G. Delivered Credit Yield Table for Jordan Sub Watersheds
Appendix H. Section 404, Section 401, & Sediment & Erosion Control Permit/Plan
Appendix I. Benton Branch Stream & Wetland Mitigation Bank As-Built Approval Letter

Benton Branch Bank Parcel Baseline Document and Asbuilt Report page 1
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
1.0 PROJECT GOALS, BACKGROUND, AND ATTRIBUTES

1.1 Location and Setting
Restoration Systems, LLC has established 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 25th, 2017 between Restoration Systems, and the North Carolina Division of Water
Resources (DWR).

The Site encompasses 33 acres of land located on both sides of Milesville Road at the intersection of
Massey Road. Prior to construction, the Site was characterized by agricultural land utilized for beef cattle
production and municipal effluent disposal, with scattered disturbed forest. 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). The main hydrologic features include Benton
Branch, six unnamed tributaries (UT) to Benton Branch, and adjacent floodplains.

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 Project Goals and Objectives
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 work 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.

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.

Benton Branch Bank Parcel Baseline Document and Asbuilt Report page 2
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
2.0 RIPARIAN RESTORATION AND ENHANCEMENT PLAN
As this Parcel is also part of a stream and wetland mitigation bank, all riparian restoration activities
occurred in concurrence with stream mitigation activities. Project construction and planting was
completed between February 14 and March 14, 2018. The project was constructed in accordance with
mitigation plan for the Benton Branch Stream and Wetland Mitigation Bank and the Stream and Wetland
Umbrella Mitigation Banking Instrument, both approved by the Interagency Review Team on July, 6th
2017. In addition, the project was constructed in accordance with the issued Section 404 permit, the
Section 401 Water Quality Certification, and the approved Sediment & Erosion Control Plan (Appendix
H). A Baseline Document and Asbuilt Report, prepared for the Benton Branch Stream and Wetland
Mitigation Bank, was submitted to the USACE in April 2018 and was approved by the USACE on May
2, 2018 (Appendix I - Credit Release Letter).

2.1 Riparian Area Restoration Activities
In general, riparian restoration extends 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.

Riparian Buffer Restoration occurred on the site as follows (Figures 5-6, Appendix A). Note that all areas
of restoration from TOB to 29 feet extend a minimum of 20 feet from TOB, and all areas of restoration
from TOB to 100 feet 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 along the upper reaches of UT-1 and UT-2 as well as a small
area between UT-4A and UT-4B, all of which are located from 100-200 feet from the TOB (Figure 5,
Appendix A).

Variations in vegetative planting occurred based on topographic locations and hydraulic conditions of the
soil. Vegetative species compositions mimic reference forest data, onsite observations, and community
descriptions from Classification of the Natural Communities of North Carolina (Schafale and Weakley
1990). Community associations 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. 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 were 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.

Benton Branch Bank Parcel Baseline Document and Asbuilt Report page 3
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Planting of the Parcel was completed March 14, 2018. A detailed planting list is depicted in Table 2
(Appendix B), and the planting area is graphically depicted on Figure 4 (Appendix A).

2.2 Riparian Buffer Enhancement Activities
Riparian buffer enhancement included 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 4, 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 (o)(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.

2.3 Riparian Buffer Preservation Activities
Riparian buffer preservation included 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 5
(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.

2.4 Marsh Treatment Area
Two marsh treatment areas were constructed to intercept surface waters draining through agricultural
areas prior to discharging into Benton Branch and UT3 (Figures 4-5, Appendix A). The marsh treatment
areas were excluded from credit calculations.

3.0 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 5-6,
Appendix A). The width of the credit generation areas begins at the most landward limit of the top of
bank or the rooted herbaceous vegetation and extends landward a maximum distance of 200 feet where
Restoration Systems was able to secure an easement. No buffer mitigation credit generation areas are less
than 20 feet in width and no nutrient offset credit generating areas are 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 10.44 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 for phosphorus (Appendix G). Delivered credits are calculated
by applying the delivery factors and the acreage of riparian restoration to the generated credits per acre

Benton Branch Bank Parcel Baseline Document and Asbuilt Report page 4
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
stated above. Proposed areas for Jordan riparian buffer and nutrient offset (Nitrogen and Phosphorus)
credits for the Benton Bank Parcel are summarized in Table 1 and Figures 5-6 (Appendix A).

Riparian buffer and nutrient offset credit amounts changed slightly due to a shift in the easement and the
addition of wetland mitigation within the old pond beds. The easement shift was a result of the final, post
construction surveyed easement and did not result in any changes to the stream and wetland credits as
proposed in the mitigation plan and constructed. Additionally, there was an oversight in the BPDP where
all riparian buffer restoration and enhancement was given full credit (rather than 50%) for buffer areas
101-200 ft. During as-built, it was decided to pursue nutrient offset credit in the areas 101-200 ft. where
buffer vegetation was restored (Figure 8 A & B – Credit Determination BPDP vs As-Built).

Table 1. Jordan Lake: Haw River Sub-Watershed Credit Determination Table
14 Digit Watershed ID: 03030002030030
Riparian Buffer Mitigation Units
*Buffer
Width Credit Type Total Area Mitigation Ratio Percentage of
Full Credit
Mitigation
Units
TOB-29 ft
Restoration (located on the right bank of
the upper reach of Benton Branch
[Figure 5A, Appendix A])
261.40 ft2
(0.006 ac) 1:1 75% 196.05 ft2
(0.004 ac)
TOB-100 ft Restoration 454,860.87 ft2
(10.44 ac) 1:1 100% 454,860.87 ft2
(10.44 ac)
TOB-100 ft Enhancement via Cattle Exclusion (15A
NCAC 02B .0295 (o)(6)
406,754.51 ft2
(9.33 ac) 2:1 100% 203,377.25 ft2
(4.66 ac)
101-200 ft Enhancement via Cattle Exclusion (15A
NCAC 02B .0295 (o)(6)
3,385.53 ft2
(0.07 ac) 2:1 33% 558.61 ft2
(0.01 ac)
TOB-100 ft Preservation
(Rural Subject Streams)
218,084.72 ft2
(5.00 ac) 10:1 100% 21,808.47 ft2
(0.50 ac)
TOB-29 ft Preservation
(Rural Subject Streams)
254.87 ft2
(0.005 ac) 10:1 75% 19.11 ft2
(0.0004 ac)
Total Riparian Buffer Mitigation Units 680,820.36 ft2
(15.62 ac)

Nutrient Offset Credits
**Buffer
Width Credit Type Mitigation
Type
Total
Acreage
Generated
Credits per
Acre
Generated
Credits
Delivery
Factor
Delivered
Credits
101-200 ft Nitrogen Restoration 0.08 2249.36 179.95 25% 44.99
101-200 ft Phosphorus Restoration 0.08 143.81 11.50 8% 0.92
* 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.

Benton Branch Bank Parcel Baseline Document and Asbuilt Report page 5
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
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 and
preservation 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.

The Sponsor may elect to use 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 5 (Appendix A) depicts riparian areas that could potentially generate riparian buffer credit
if they don't qualify to generate wetland mitigation credits, and Figure 7 (Appendix A) 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 02B .0295.

4.0 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol
Restoration monitoring procedures for riparian 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.

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 31st of
each year. Quantitative monitoring includes measurements of 20-10x10 meter, permanent vegetation
plots (2.0% of riparian buffer mitigation and nutrient offset credit areas). Plots were randomly placed
throughout the planted riparian areas and are representative of credit generating areas. Sampling of
vegetation will be performed in October of each year, with the 1st monitoring data to be collected in the
fall of 2018 but not within 6 months from initial planting. Baseline data can be found in Appendix B.

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. A minimum of four native, hardwood tree and shrub
species must be present, with no one species representing greater than 50% of the stems. 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.

A visual assessment of the cattle exclusion and preservation areas within the conservation easement will
also be performed each year to confirm:
• Fencing is in good condition throughout the site;
• No cattle access within the conservation easement area;
• No encroachment has occurred;
• Diffuse flow is being maintained in the conservations easement area; and

Benton Branch Bank Parcel Baseline Document and Asbuilt Report page 6
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
• There has not been any cutting, clearing, filling, grading, or similar activities that would
negatively affect the functioning of the buffer.

4.2 Parcel Maintenance
A remedial action plan will be developed and implemented with the approval of DWR 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.

4.4 Easement Boundaries and Fencing
Easement boundaries were identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries were identified with fencing and NCWHF signage. Boundary markers
disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis.

5.0 FINANCIAL ASSURANCE
Per the Banking Instrument, Restoration Systems intends to forgo the release of Task 1 credits and
acquisition of a Performance Bond. Upon submittal of the As-built Report, Restoration Systems 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.

Benton Branch Bank Parcel Baseline Document and Asbuilt Report page 7
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
6.0 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.

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&groupId=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&groupId=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.

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix A.
Figures

Figure 1. Site Location
Figure 2. Current Conditions Plan View
Figure 3. Historic Conditions Plan View
Figure 4. Restoration Plan
Figure 5. Credit Determination (5A – 5F)
Figure 6. Close-up of Restoration Buffer Width TOB-29 Feet
Figure 7. Potential Conversion of Wetland Credit to Riparian Buffer Credit
Figure 8. Credit Determination BPDP vs As-Built (UT1 & UT2)

As-Built Sheets 1-10
Copyright:© 2014 DeLorme
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BENTON BRANCHBANK PARCEL
SITE LOCATIONANDSERVICE AREA
1
Notes:
0 10 20 30 405Miles
Legend
Jordan Lake 14-digit USGS HUCs
Parcel Service Area - Haw River Subwatershed
Haw River Subwatershed
New Hope Creek Subwatershed
³
1. Background Imagery Source:DeLorme World Basemap(2014)
^
Bank Parcel LocationUSGS 14-digit HUC03030002030030
1587 Massey RoadElon, NC 27244
36.278744°N, 79.419371°W
3
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BENTON BRANCHBANKPARCEL
CURRENTCONDITIONSPLAN VIEW
2
³
Legend
Benton Branch Easement = 33.14 ac
Stream Channel
CVS Plots
0 500 1,000 1,500 2,000250FeetBentonBranchUT-5
UT-4UT-4AU
T-4
BUT-1UT-2U
T
-
3
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UT-6UT-5A
^_
^_
^_
^_
^_
^_Milesville RdMassey R
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BENTON BRANCHBANK PARCEL
HISTORICCONDITIONSPLAN VIEW
3
Notes:
0 1,000 2,000 3,000500Feet
Legend
Conservation Easement = 33.14 ac
Historic Perennial Stream Alignment = 7238 ft
Historic Intermittent Stream Alignment = 646 ft
Historic Wetlands = 2.27 ac
Historic Riparian Buffer = 18.91 ac
^_NCDWR Stream Identification Forms
NCDOT Roads
³
1. Background Imagery Source:2014 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council)
UT-4
Benton Branch
UT-4A
UT-4B
UT-5
UT-2
UT-1
UT-3
UT-6
UT-2B
These reaches of UT-1 and UT-2 are not depicted on thismap because the historic channels are indistinguishabledue to livestock impacts.
NCDWR FormScore: 36.5
NCDWR FormScore: 28.5
NCDWR FormScore: 27.5
NCDWR FormScore: 37.5
NCDWR FormScore: 14
NCDWR FormScore: 30.5
Depicted on Soil Survey Depicted on USGS QuadUT-1 No YesUT-2 No YesUT-2B No NoUT-3 No NoUT-4 No YesUT-4A No YesUT-4B No NoUT-5 No YesUT-6 Yes YesBenton Branch Yes Yes
Milesville RdMassey R
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BENTON BRANCHBANK PARCEL
RESTORATIONPLAN
4
Notes:
0 1,000 2,000 3,000500Feet
Legend
Conservation Easement = 33.14 ac
Restored Stream Channel = 3.41 ac
Planting Plan = 21.7 ac
Constructed BMP Footprint = 0.02 ac
NCDOT Roads
³
1. Background Imagery Source:2014 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council)
UT-4
Benton Branch
UT-4A UT-4B
UT-5
UT-2
UT-1
UT-3
UT-6
UT-5A
UT-2B
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CREDITDETERMINATION
5
Not es:
0 1,000 2,000500Feet
Leg en d
Conservation Easement = 33.14 ac
Stream Channel = 3.41 ac
Riparian Buffer Restoration (TOB-100 ft) = 10.44 ac (454,860.87 sq ft)
Riparian Buffer Restoration (TOB-29 ft) = 0.006 ac (261.40 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (T OB -100 ft) = 9.33 ac (406,754.51 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (101-200 ft) = 0.07 ac (3,385.53 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-29 ft) = 0.005 ac (254.87 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-100 ft) = 5.00 ac (218,084.72 sq ft)
Nutrient Offset Credit Area (101-200 ft) = 0.08 ac (3,600.73 sq ft)
Wetland M iti gation Credit Area = 4.56 ac
Constructed BM P Footprint (no credit) = 0.02 ac
CVS Plots
Previousl y F enced Area (fencing rem oved)
NCDOT Roads
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
UT-6
NOTE: No riparian buffer credit isgiven in areas with buffer width of lessthan 20 ft. Additionally, no nutrientoffset credit is given in areas withbuffer width less than 50 ft.
NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB andtherefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is aminimum of 20 ft from the TOB and a maximum of 29 ftfrom the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is aminimum of 29 ft from the TOB and a maximum of 100 ftfrom the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is aminimum of 101 ft from the TOB and a maximum of 200 ftfrom the TOB, and qualifies for 33% credit.
UT-4BUT-4A
Figure 5F
Figure 5E
Figure 5D
Figure 5A
Figure 5B
Figure 5C
Benton Branch
UT-5
UT-4
UT-1
UT-2
UT-3
UT-2B
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18
Milesville RdMassey Rd
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CREDITDETERMINATION
5A
Not es:
0 200 400100Feet
Leg en d
Conservation Easement = 33.14 ac
Stream Channel = 3.41 ac
Riparian Buffer Restoration (TOB-100 ft) = 10.44 ac (454,860.87 sq ft)
Riparian Buffer Restoration (TOB-29 ft) = 0.006 ac (261.40 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (T OB -100 ft) = 9.33 ac (406,754.51 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (101-200 ft) = 0.07 ac (3,385.53 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-100 ft) = 5.00 ac (218,084.72 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-29 ft) = 0.005 ac (254.87 sq ft)
Nutrient Offset Credit Area (101-200 ft) = 0.08 ac (3,600.73 sq ft)
Wetland M iti gation Credit Area = 4.56 ac
50 feet from TOB
100 feet from TOB
200 feet from TOB
Constructed BM P Footprint (no credit) = 0.02 ac
CVS Plots
Previousl y F enced Area (fencing rem oved)
NCDOT Roads
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
NOTE: No riparian buffer credit isgiven in areas with buffer width of lessthan 20 ft. Additionally, no nutrientoffset credit is given in areas withbuffer width less than 50 ft.
NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB andtherefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is aminimum of 20 ft from the TOB and a maximum of 29 ftfrom the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is aminimum of 29 ft from the TOB and a maximum of 100 ftfrom the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is aminimum of 101 ft from the TOB and a maximum of 200 ftfrom the TOB, and qualifies for 33% credit.
Benton Branch
No c red it gene rated bybuffer les s tha n 20 ft.
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20
Milesville RdNCCGIA
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CREDITDETERMINATION
5B
Not es:
0 200 400100Feet
Leg en d
Conservation Easement = 33.14 ac
Stream Channel = 3.41 ac
Riparian Buffer Restoration (TOB-100 ft) = 10.44 ac (454,860.87 sq ft)
Riparian Buffer Restoration (TOB-29 ft) = 0.006 ac (261.40 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (T OB -100 ft) = 9.33 ac (406,754.51 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (101-200 ft) = 0.07 ac (3,385.53 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-100 ft) = 5.00 ac (218,084.72 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-29 ft) = 0.005 ac (254.87 sq ft)
Nutrient Offset Credit Area (101-200 ft) = 0.08 ac (3,600.73 sq ft)
Wetland M iti gation Credit Area = 4.56 ac
50 feet from TOB
100 feet from TOB
200 feet from TOB
Constructed BM P Footprint (no credit) = 0.02 ac
CVS Plots
Previousl y F enced Area (fencing rem oved)
NCDOT Roads
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
NOTE: No riparian buffer credit isgiven in areas with buffer width of lessthan 20 ft. Additionally, no nutrientoffset credit is given in areas withbuffer width less than 50 ft.
NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB andtherefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is aminimum of 20 ft from the TOB and a maximum of 29 ftfrom the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is aminimum of 29 ft from the TOB and a maximum of 100 ftfrom the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is aminimum of 101 ft from the TOB and a maximum of 200 ftfrom the TOB, and qualifies for 33% credit.
Benton Branch
UT-5
UT-4
No c red it gene rated bybuffer les s tha n 20 ft.
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20
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FIGURE
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Pro jec t:
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CREDITDETERMINATION
5C
Not es:
0 200 400100Feet
Leg en d
Conservation Easement = 33.14 ac
Stream Channel = 3.41 ac
Riparian Buffer Restoration (TOB-100 ft) = 10.44 ac (454,860.87 sq ft)
Riparian Buffer Restoration (TOB-29 ft) = 0.006 ac (261.40 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (T OB -100 ft) = 9.33 ac (406,754.51 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (101-200 ft) = 0.07 ac (3,385.53 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-100 ft) = 5.00 ac (218,084.72 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-29 ft) = 0.005 ac (254.87 sq ft)
Nutrient Offset Credit Area (101-200 ft) = 0.08 ac (3,600.73 sq ft)
Wetland M iti gation Credit Area = 4.56 ac
50 feet from TOB
100 feet from TOB
200 feet from TOB
CVS Plots
Previousl y F enced Area (fencing rem oved)
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
NOTE: No riparian buffer credit isgiven in areas with buffer width of lessthan 20 ft. Additionally, no nutrientoffset credit is given in areas withbuffer width less than 50 ft.
NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB andtherefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is aminimum of 20 ft from the TOB and a maximum of 29 ftfrom the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is aminimum of 29 ft from the TOB and a maximum of 100 ftfrom the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is aminimum of 101 ft from the TOB and a maximum of 200 ftfrom the TOB, and qualifies for 33% credit.
UT-5
UT-4
UT-4A UT-4B
This are a wa s pre viously fenc ed andlivestock had no a cces s; therefore, nocredit is g enerated 101 -20 0 ft from TOB.
6
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CREDITDETERMINATION
5D
Not es:
0 200 400100Feet
Leg en d
Conservation Easement = 33.14 ac
Stream Channel = 3.41 ac
Riparian Buffer Restoration (TOB-100 ft) = 10.44 ac (454,860.87 sq ft)
Riparian Buffer Restoration (TOB-29 ft) = 0.006 ac (261.40 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (T OB -100 ft) = 9.33 ac (406,754.51 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (101-200 ft) = 0.07 ac (3,385.53 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-100 ft) = 5.00 ac (218,084.72 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-29 ft) = 0.005 ac (254.87 sq ft)
Nutrient Offset Credit Area (101-200 ft) = 0.08 ac (3,600.73 sq ft)
Wetland M iti gation Credit Area = 4.56 ac
50 feet from TOB
100 feet from TOB
200 feet from TOB
Constructed BM P Footprint (no credit) = 0.02 ac
CVS Plots
Previousl y F enced Area (fencing rem oved)
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
NOTE: No riparian buffer credit isgiven in areas with buffer width of lessthan 20 ft. Additionally, no nutrientoffset credit is given in areas withbuffer width less than 50 ft.
NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB andtherefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is aminimum of 20 ft from the TOB and a maximum of 29 ftfrom the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is aminimum of 29 ft from the TOB and a maximum of 100 ftfrom the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is aminimum of 101 ft from the TOB and a maximum of 200 ftfrom the TOB, and qualifies for 33% credit.
UT-1UT-2
UT-3
UT-2B
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Pro jec t:
Pre pa red for :
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BENTON BRANCHBANK PARCEL
CREDITDETERMINATION
5E
Not es:
0 200 400100Feet
Leg en d
Conservation Easement = 33.14 ac
Stream Channel = 3.41 ac
Riparian Buffer Restoration (TOB-100 ft) = 10.44 ac (454,860.87 sq ft)
Riparian Buffer Restoration (TOB-29 ft) = 0.006 ac (261.40 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (T OB -100 ft) = 9.33 ac (406,754.51 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (101-200 ft) = 0.07 ac (3,385.53 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-100 ft) = 5.00 ac (218,084.72 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-29 ft) = 0.005 ac (254.87 sq ft)
Nutrient Offset Credit Area (101-200 ft) = 0.08 ac (3,600.73 sq ft)
Wetland M iti gation Credit Area = 4.56 ac
50 feet from TOB
100 feet from TOB
200 feet from TOB
CVS Plots
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
NOTE: No riparian buffer credit isgiven in areas with buffer width of lessthan 20 ft. Additionally, no nutrientoffset credit is given in areas withbuffer width less than 50 ft.
NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB andtherefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is aminimum of 20 ft from the TOB and a maximum of 29 ftfrom the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is aminimum of 29 ft from the TOB and a maximum of 100 ftfrom the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is aminimum of 101 ft from the TOB and a maximum of 200 ftfrom the TOB, and qualifies for 33% credit.
UT-1
UT-2
UT-3
UT-2B
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CREDITDETERMINATION
5F
Not es:
0 200 400100Feet
Leg en d
Conservation Easement = 33.14 ac
Stream Channel = 3.41 ac
Riparian Buffer Restoration (TOB-100 ft) = 10.44 ac (454,860.87 sq ft)
Riparian Buffer Restoration (TOB-29 ft) = 0.006 ac (261.40 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (T OB -100 ft) = 9.33 ac (406,754.51 sq ft)
Riparian Buffer Enhancem ent via Cattle Exclusi on (101-200 ft) = 0.07 ac (3,385.53 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-100 ft) = 5.00 ac (218,084.72 sq ft)
Riparian Buffer Preservation on Rural Subject Stream (TOB-29 ft) = 0.005 ac (254.87 sq ft)
Nutrient Offset Credit Area (101-200 ft) = 0.08 ac (3,600.73 sq ft)
Wetland M iti gation Credit Area = 4.34 ac
50 feet from TOB
100 feet from TOB
200 feet from TOB
CVS Plots
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
NOTE: No riparian buffer credit isgiven in areas with buffer width of lessthan 20 ft. Additionally, no nutrientoffset credit is given in areas withbuffer width less than 50 ft.
NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffer is less than 20 ft from the TOB andtherefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is aminimum of 20 ft from the TOB and a maximum of 29 ftfrom the TOB, and qualifies for 75% credit.TOB-100 ft = Buffer width is contiguous from TOB, is aminimum of 29 ft from the TOB and a maximum of 100 ftfrom the TOB, and qualifies for 100% credit.101-200’ = Buffer width is contiguous from TOB, is aminimum of 101 ft from the TOB and a maximum of 200 ftfrom the TOB, and qualifies for 33% credit.
UT-6
Mile sville R d
Masse

y

R

d
NCCGIA
FIGURE
Drawn by:
Date:
Scale:
Project No.:
KRJ/CLF
APR 2018
1:750
16-017
Title:
Project:
Prepared for:
Caswell County, NC
BENTON BR ANCHBANK PAR CEL
CR EDITDETER MINATIONTOB-29 FEET
6
Notes:
0 100 200 30050Feet
³
1. Background Imagery Source:2014 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council)
Be nton Branch
Buffe r R e storation Are aw ith buffe r 20-29 ft from TOBgive n 75% cre d it (1.3:1)
NOTE: No riparian buffe r cre d it isgive n in are as w ith buffe r w id th of le ssth an 20 ft. Ad d itionally, no nutrie ntoffse t cre d it is give n in are as w ithbuffe r wid th le ss th an 50 ft.
NOTE ABOUT BUFFER WIDTHS:TOB-20 ft = Buffe r is le ss th an 20 ft from th e TOB andth e re fore qualifie s for no cre d it.TOB-29 ft = Buffe r wid th is contiguous from TOB, is aminimum of 20 ft from th e TOB and a max imum of 29 ftfrom th e TOB, and qualifie s for 75% cre d it.TOB-100 ft = Buffe r w id th is contiguous from TOB, is aminimum of 29 ft from th e TOB and a max imum of 100 ftfrom th e TOB, and qualifie s for 100% cre d it.101-200’ = Buffe r w id th is contiguous from TOB, is aminimum of 101 ft from th e TOB and a max imum of 200 ftfrom th e TOB, and qualifie s for 33% cre d it.
Milesville RdMassey Rd
NCCGIA
FIGURE
Drawn by:
Date:
Scale:
Project No.:
KRJ/CLF
APR 2018
1:5000
16-017
Title:
Project:
Prepared for:
Caswell County, NC
BENTON BRANCHBANK PARCEL
POTENTIALCONVERS IONOF WETLANDCREDIT TO RIPARIAN BUFFERCREDIT
7
Notes:
0 1,000 2,000500Feet
Legend
Conservation Easement = 33.14 ac
Restored Stream Channel = 3.41 ac
Riparian Buffer Restoration (TOB-100 ft)
Riparian Buffer Enhancement via Cattle Exclusion (TOB-100 ft)
Riparian Buffer Enhancement via Cattle Exclusion (101-200 ft)
Riparian Buffer Preservation on Rural Subject Streams (TOB-100 ft)
Nutrient Offset Credit Area (101-200 ft)
Constructed BMP Footprint (no credit) = 0.02 ac
NCDOT Roads
50 feet from TOB
100 feet from TOB
200 feet from TOB
³
1. Background Imagery Source:2014 aerial photographyprovided by the NC OneMapprogram (online, provided bythe NC Geographic InformationCoordination Council)
NOTE: Riparian areas th at fail to qualifyto generate w etland mitigation credit may beviable for generating riparian buffer crdit. Anyareas proposed for buffer mitigation credit mustmeet standards detailed in 15A NCAC 0213.0295.
UT-4
Benton Branch
UT-4A UT-4B
UT-5
UT-2
UT-1
UT-3
UT-6
UT-2B
NOTE ABOUT BUFFER WIDTHS :TOB-20 ft = Buffer is less th an 20 ft from th e TOB andth erefore qualifies for no credit.TOB-29 ft = Buffer width is contiguous from TOB, is aminimum of 20 ft from th e TOB and a max imum of 29 ftfrom th e TOB, and qualifies for 75% credit.TOB-100 ft = Buffer w idth is contiguous from TOB, is aminimum of 29 ft from th e TOB and a max imum of 100 ftfrom th e TOB, and qualifies for 100% credit.101-200’ = Buffer w idth is contiguous from TOB, is aminimum of 101 ft from th e TOB and a max imum of 200 ftfrom th e TOB, and qualifies for 33% credit.

NCCGIANCCGIA
FIGURE
Dra wn by :
Dat e:
Sca le:
Pro jec t N o.:
KRJ/CLF
OCT 2018
1:760
16-017
Tit le:
Pro jec t:
Pre pa red for :
Cas we ll C ou nty, N C
BENTON BRANCHBANK PARCEL
CREDITDETERMINATION(CHANG ES FROMBPDP TO AS-BUILT)
8A
Not es:
0 100 20050Feet
Legend
Conser vation Easement
Restored Stream Channel
Riparian B uffer Restoration (TOB-100 ft)
Riparian B uffer Restoration (TOB-29 ft)
Riparian B uffer Enhanc ement via Cattle Exc lusion (TOB-100 ft)
Riparian B uffer Enhanc ement via Cattle Exc lusion (101-200 ft)
Riparian B uffer Preservation on Rural Subject Str eam (TOB -100 ft)
Riparian B uffer Preservation on Rural Subject Str eam (TOB -29 ft)
Nutr ient Offset Credit Area (101-200 ft)
Wetland Mitigation Credit Area
50 feet from TOB
100 feet fr om TOB
200 feet fr om TOB
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
As-Built BPDP
UT-2 UT-2
Rip aria n b uffe r an d n utri ent offse t c red it am ou ntschanged s ligh tly due to a sh ift in th e ea se me nt a nd t headdition o f w et land m itig ati on wit hin th e o ld po nd be ds.The ea se me nt s hift wa s a re sul t of th e fi nal , po st-con stru cti on s urv eye d e ase me nt a nd d id n ot re su lt inany c han ge s to the s tre am a nd we tla nd cr edi ts asproposed in the m itig atio n p lan an d con str ucte d.Add itio nal ly, the re w as an o ver sig ht in t he B PD P wh ereall rip aria n bu ffer re sto rati on an d en han ce me nt wa sgiven full cre dit (ra the r th an 50 %). D ur ing as -bu ilt, it w asdecided to pur sue nu trie nt o ff set cre dit i n th e ar eas 10 1-200 ft whe re buff er v ege tat ion wa s r est ore d.
NCCGIANCCGIA
FIGURE
Dra wn by :
Dat e:
Sca le:
Pro jec t N o.:
KRJ/CLF
OCT 2018
1:760
16-017
Tit le:
Pro jec t:
Pre pa red for :
Cas we ll C ou nty, N C
BENTON BRANCHBANK PARCEL
CREDITDETERMINATION(CHANG ES FROMBPDP TO AS-BUILT)
8B
Not es:
0 100 20050Feet
Legend
Conser vation Easement
Restored Stream Channel
Riparian B uffer Restoration (TOB-100 ft)
Riparian B uffer Restoration (TOB-29 ft)
Riparian B uffer Enhanc ement via Cattle Exc lusion (TOB-100 ft)
Riparian B uffer Enhanc ement via Cattle Exc lusion (101-200 ft)
Riparian B uffer Preservation on Rural Subject Str eam (TOB -100 ft)
Riparian B uffer Preservation on Rural Subject Str eam (TOB -29 ft)
Nutr ient Offset Credit Area (101-200 ft)
Wetland Mitigation Credit Area
50 feet from TOB
100 feet fr om TOB
200 feet fr om TOB
³
1. Bac kground Im agery Source:2014 aerial photog ra phyprovided by the NC O neMapprogram (online, provided bythe NC G eographic Informa tionCoordination Council)
As-Built BPDP
UT-1
UT-1
Rip aria n b uffe r an d n utri ent offse t c red it am ou ntschanged s ligh tly due to a sh ift in th e ea se me nt a nd t headdition o f w et land m itig ati on wit hin th e o ld po nd be ds.The ea se me nt s hift wa s a re sul t of th e fi nal , po st-con stru cti on s urv eye d e ase me nt a nd d id n ot re su lt inany c han ge s to the s tre am a nd we tla nd cr edi ts asproposed in the m itig atio n p lan an d con str ucte d.Add itio nal ly, the re w as an o ver sig ht in t he B PD P wh ereall rip aria n bu ffer re sto rati on an d en han ce me nt wa sgiven full cre dit (ra the r th an 50 %). D ur ing as -bu ilt, it w asdecided to pur sue nu trie nt o ff set cre dit i n th e ar eas 10 1-200 ft whe re buff er v ege tat ion wa s r est ore d.
John Rudolph, PLS Digitally signed by John Rudolph, PLS
Date: 2018.11.30 14:05:03 -05'00'
John
Rudolph, PLS
Digitally signed by
John Rudolph, PLS
Date: 2018.11.30
14:05:33 -05'00'
John
Rudolph, PLS
Digitally signed by
John Rudolph, PLS
Date: 2018.11.30
14:06:10 -05'00'
John
Rudolph, PLS
Digitally signed by
John Rudolph, PLS
Date: 2018.11.30
14:06:37 -05'00'
John
Rudolph, PLS
Digitally signed by
John Rudolph, PLS
Date: 2018.11.30
14:07:06 -05'00'
John
Rudolph,
PLS
Digitally signed by
John Rudolph, PLS
Date: 2018.11.30
14:07:45 -05'00'
John
Rudolph, PLS
Digitally signed by
John Rudolph, PLS
Date: 2018.11.30
14:08:15 -05'00'
John
Rudolph,
PLS
Digitally signed
by John Rudolph,
PLS
Date: 2018.11.30
14:08:46 -05'00'
John
Rudolph,
PLS
Digitally signed by
John Rudolph, PLS
Date: 2018.11.30
14:09:15 -05'00'
John
Rudolph,
PLS
Digitally signed
by John
Rudolph, PLS
Date: 2018.11.30
14:09:45 -05'00'

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix B.
Vegetation Data

Table 2. Planted Woody Vegetation
Table 3. Total Planted Stems by Plot and Species
Vegetation Plot Photographs

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
Table 2. Planted Bare Root Woody Vegetation
Species Quantity
River birch (Betula nigra) 2550
Buttonbush (Cephalanthus occidentalis) 250
Eastern redbud (Cercis canadensis) 1100
Silky dogwood (Cornus amomum) 2325
Green ash (Fraxinus pennsylvanica) 3900
Tulip poplar (Liriodendron tulipifera) 600
Sycamore (Platanus occidentalis) 3800
Black gum (Nyssa sylvatica var. sylvatica) 2000
Water oak (Quercus nigra) 2800
Willow oak (Quercus phellos) 3000
Black willow (Salix nigra) 1225
Elderberry (Sambucus canadensis) 550
TOTAL 24,100

Table 3. Planted Stems by Plot and Species
Species SpType CommonName 1 2 3 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25Betula nigra Tree river birch 18 3 2 9 10 1 2 1 4 7 8 7 2 1 3 2 4Cercis canadensis Shrub Tree eastern redbud 1Cornus amomum Shrub silky dogwood 1 6 3 6Fraxinus pennsylvanica Tree green ash 1 4 2 2 6 2 3 6 4 2 2 3 4Liriodendron tulipifera Tree tuliptree 1 1 4Nyssa sylvatica Tree blackgum 1 1 15 8 4 4 1 3Platanus occidentalis Tree American sycamore 4 4 3 4 1 1 1 2 1 3QuercusShrub Tree oak 4 6 4 1 3 6 2Quercus nigra Tree water oak 2 1 2 4 9 10 3 2 3 4 3Quercus phellos Tree willow oak 1 3 2 5 4 6 5Unknownunknown44345
11 11 10 23 12 15 21 16 18 10 11 11 9 15 21 17 15 21 21 19 17 13 19
931.2 485.8 607.3 850.2 647.8 728.7 404.9 445.3 445.3 364.4 607.3 850.2 688.3 607.3 850.2 850.2 769.2 688.3 526.3 769.2
596.2
Stems Per Acre
Total Stems Per Acre

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
Benton Branch
Baseline Vegetation Monitoring Photographs
Taken March 2018

Plot 1 Plot 2
Plot 10
Plot 3
Plot 12 Plot 13
Plot 6
Plot 11

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
Benton Branch
Baseline Vegetation Monitoring Photographs
Taken March 2018

Plot 14 Plot 15
Plot 16
Plot 18 Plot 19
Plot 17
Plot 20 Plot 21

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC
Benton Branch
Baseline Vegetation Monitoring Photographs
Taken March 2018

Plot 24
Plot 23 Plot 22
Plot 25

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix C: NC DWR Stream Determination

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

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix D: Conservation Easement

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 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

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix E: Financial Assurances

PERFORMANCE BOND The Hartford, Bond, T-4
One Hartford Plaza, Hartford, Connecticut 06155
FOR MONITORING

S-5025 (08-99)

Bond No. TBD

KNOW ALL MEN BY THESE PRESENTS, that we, Restoration Systems, LLC, as Principal, and Hartford Fire
Insurance Company, licensed to do business in the State of North Carolina as Surety, are held and firmly bound unto
North Carolina Department of Environmental Quality (NCDEQ) – Division of Water Resources (DWR) (Obligee), in
the penal sum of One Hundred Thousand & no/100----------------------------($100,000.00), lawful money of the United
States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves,
their heirs, executors, administrators, and successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into certain
agreement with the above named Obligee, effective the 25 day of October, 2017 for Benton Branch Nutrient Offset
and Buffer Mitigation Bank Parcel located within the Haw River Sub-watershed of the Jordan Lake Watershed, as
more fully described in said Agreement, a copy of which is attached, which Agreement is made a part hereof and
incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the
term of the bond as set out below.

NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully
perform the monitoring obligations, according to the terms, stipulations or conditions thereof, then this obligation shall
become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by
the Obligee.

Notwithstanding the provisions of the Contract, the term of this bond shall apply from TBD and end with the approval of
the Year 1 Monitoring Report by the North Carolina Department of Environmental Quality but may be extended by the
Surety with a Continuation Certificate for future monitoring years 2-5. However, neither nonrenewal by the Surety, nor the
failure or inability of the Principal to file a replacement bond in the event of nonrenewal, shall itself constitute a loss to the
Obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond or
any continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the
amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements
thereto.

Sealed with our seals and dated this day of , 2018.

RESTORATION SYSTEMS, LLC

________________________________ ________________________________
Witness Principal

HARTFORD FIRE INSURANCE COMPANY

________________________________ _____________________________________________
Witness Phoebe C. Honeycutt, Attorney-in-Fact
BB&T Insurance Services
4309 Emperor Blvd., Suite 300
Agreed and acknowledged this _____ day of ___________, 2018 Durham, NC 27703

By: _______________________________________________
Obligee

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix F:
15A NCAC 02B .0295 (Consolidated Buffer Mitigation Rule – Effective Date October 24, 2014)

15A NCAC 02B .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND
MAINTENANCE OF RIPARIAN BUFFERS
(a) PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to applicants listed in
Subparagraphs (1) and (2) of this Paragraph and to set forth requirements for buffer mitigation providers. Buffer
mitigation is required when one of the following applies:
(1) The applicant has received an authorization certificate for impacts that cannot be avoided or
practicably minimized pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter;
or
(2) The applicant has received a variance pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of
this Subchapter and is required to perform mitigation as a condition of a variance approval.
(b) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(1) "Authority" means either the Division or a local government that has been delegated or designated
pursuant to Rules .0233, .0243, .0250, .0259, .0267 or .0607 of this Subchapter to implement the
riparian buffer program.
(2) "Division" means the Division of Water Resources of the North Carolina Department of Environment
and Natural Resources.
(3) "Enhancement Site" means a riparian zone site characterized by conditions between that of a
restoration site and a preservation site such that the establishment of woody stems (i.e., tree or shrub
species) will maximize nutrient removal and other buffer functions.
(4) "Hydrologic Area" means the Watershed Boundary Dataset (WBD), located at
http://data.nconemap.com/geoportal/catalog/search/resource/details.page?uuid={16A42F31-6DC7-
4EC3-88A9-03E6B7D55653} using the eight-digit Hydrologic Unit Code (HUC) prepared by the
United States Geological Survey.
(5) "Locational Ratio" means the mitigation ratio applied to the mitigation requirements based on the
location of the mitigation site relative to the impact site as set forth in Para graph (f).
(6) "Monitoring period" means the length of time specified in the approved mitigation plan during which
monitoring of vegetation success and other anticipated benefits to the adjacent water as listed in the
authorization certification is done.
(7) "Non-wasting endowment" means a fund that generates enough interest to cover the cost of the long
term monitoring and maintenance.
(8) "Outer Coastal Plain" means the portion of the state shown as the Middle Atlantic Coastal Plain (63)
on Griffith, et al. (2002) "Ecoregions of North and South Carolina." Reston, VA, United States
Geological Survey available at no cost at http://www.epa.gov/wed/pages/ecoregions/ncsc_eco.htm.
(9) "Preservation Site" means riparian zone sites that are characterized by a natural forest consisting of the
forest strata and diversity of species appropriate for the Omernik Level III ecoregion.
(10) "Restoration Site" means riparian zone sites that are characterized by an absence of trees and by a lack
of dense growth of smaller woody stems (i.e., shrubs or saplings) or sites that are characterized by
scattered individual trees such that the tree canopy is less than 25 percent of the cover and by a lack of
dense growth of smaller woody stems (i.e., shrubs or saplings).
(11) "Riparian buffer mitigation unit" means a unit representing a credit of riparian buffer mitigation that
offsets one square foot of riparian buffer impact.
(12) "Riparian wetland" means a wetland that is found in one or more of the following landscape positions:
(A) in a geomorphic floodplain;
(B) in a natural topographic crenulation;
(C) contiguous with an open water equal to or greater than 20 acres in size; or
(D) subject to tidal flow regimes excluding salt/brackish marsh wetlands.
(13) "Urban" means an area that is designated as an urbanized area under the most recent federal decennial
census available at no cost at http://www.census.gov/ or within the corporate limits of a municipality.
(14) "Zonal Ratio" means the mitigation ratio applied to impact amounts in the respective zones of the
riparian buffer as set forth in Paragraph (e) of this Rule.
(c) APPLICATION REQUIREMENTS, MITIGATION SITE REQUIREMENTS AND MITIGATION OPTIONS. Any
applicant who seeks approval to impact riparian buffers covered under this Rule who is required by Paragraph (a) shall
submit to the Division a written mitigation proposal that calculates the required area of mitigation and describes the area
and location of each type of proposed mitigation. The applicant shall not impact buffers until the Division approves the
mitigation plan and issues written authorization. For all options except payment of a fee under Paragraphs (j) or (k) of
this Rule, the proposal shall include a commitment to provide:
(1) a perpetual conservation easement or similar legal protection mechanism to ensure perpetual
stewardship that protects the mitigation site's nutrient removal and other water quality functions;
(2) a commitment to provide a non-wasting endowment or other financial mechanism for perpetual
stewardship and protection; and
(3) a commitment to provide a completion bond that is payable to the Division sufficient to ensure that
land or easement purchase, construction, monitoring, and maintenance are completed.
For each mitigation site, the Division shall identify functional criteria to measure the anticipated benefits of the mitigation
to the adjacent water. The Division shall issue a mitigation determination that specifies the area, type, and location of
mitigation and the water quality benefits to be provided by the mitigation site. The mitigation determination issued
according to this Rule shall be included as an attachment to the authorization certification. The applicant may propose
any of the following types of mitigation and shall provide a written demonstration of practicality that takes into account
the relative cost and availability of potential options, as well as information addressing all requirements associated with
the option proposed:
(1) Applicant-provided riparian buffer restoration or enhancement pursuant to Paragraph (i) of this Rule;
(2) Payment of a compensatory mitigation fee to a mitigation bank if buffer credits are available pursuant
to Paragraph (j) of this Rule or payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to Paragraph (k) of this Rule. Payment shall conform to the requirements
of G.S. 143-214.20;
(3) Donation of real property or of an interest in real property pursuant to Paragraph (l) of th is Rule; or
(4) Alternative buffer mitigation options pursuant to Paragraph (m) of this Rule.
(d) AREA OF IMPACT. The authority shall determine the area of impact in square feet to each zone of the proposed
riparian buffer impact by adding the following:
(1) The area of the footprint of the use impacting the riparian buffer;
(2) The area of the boundary of any clearing and grading activities within the riparian buffer necessary to
accommodate the use; and
(3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use.
The authority shall deduct from this total the area of any wetlands that are subject to and compliant with riparian wetland
mitigation requirements under 15A NCAC 02H .0506 and are located within the proposed riparian buffer impact area.
(e) AREA OF MITIGATION REQUIRED ON ZONAL MITIGATION RATIOS. The authority shall determine the
required area of mitigation for each zone by applying each of the following ratios to the area of impact calculated under
Paragraph (d) of this Rule:

Basin/Watershed Zone 1 Ratio Zone 2 Ratio
Neuse River Basin (15A NCAC 02B .0233) 3:1 1.5:1
Catawba River Basin (15A NCAC 02B .0243) 2:1 1.5:1
Randleman Lake Watershed (15A NCAC 02B .0250) 3:1 1.5:1
Tar-Pamlico River Basin (15A NCAC 02B .0259) 3:1 1.5:1
Jordan Lake Watershed (15A NCAC 02B .0267) 3:1 1.5:1
Goose Creek Watershed (15A NCAC 02B .0607) 3:1A
A The Goose Creek Watershed does not have a Zone 1 and Zone 2. The mitigation ratio in the Goose
Creek Watershed is 3:1 for the entire buffer.

(f) AREA OF MITIGATION REQUIRED ON LOCATIONAL MITIGATION RATIOS. The applicant shall use the
following locational ratios as applicable based on location of the proposed mitigation site relative to that of the proposed
impact site. Locational ratios shall be as follows:

Location Ratio
Within the 12-digit HUCA 0.75:1
Within the eight-digit HUCB 1:1
In the adjacent eight-digit HUCB,C 2:1
A Except within the Randleman Lake Watershed. Within the Randleman Lake Watershed the
ratio is 1:1.
B Except as provided in Paragraph (g) of this Rule.
C To use mitigation in the adjacent eight-digit HUC, the applicant shall describe why buffer
mitigation within the eight-digit HUC is not practical for the project.

(g) GEOGRAPHIC RESTRICTIONS ON LOCATION OF MITIGATION. Mitigation shall be performed in the same
river basin where the impact is located with the following additional specifications:
(1) In the following cases, mitigation shall be performed in the same watershed in which the impact is
located:
(A) Falls Lake Watershed, as defined in Rule .0275 of this Section;
(B) Goose Creek Watershed, as defined in Rule .0601 of this Subchapter;
(C) Randleman Lake Water Supply Watershed, as defined in Rule .0248 of this Section;
(D) Each subwatershed of the Jordan Lake watershed, as defined in Rule .0262 of this Section;
and
(E) Other watersheds as specified in riparian buffer protection rules adopted by the Commission.
(2) Buffer mitigation for impacts within watersheds with riparian buffer rules that also have federally
listed threatened or endangered aquatic species may be done within other watersheds with the same
federally listed threatened or endangered aquatic species as long as the impacts are in the same river
basin and same Omernik Level III ecoregion available at no cost at
http://www.epa.gov/wed/pages/ecoregions/level_iii_iv.htm as the mitigation site.
(h) RIPARIAN BUFFER MITIGATION UNITS. Mitigation activities shall generate riparian buffer mitigation units as
follows:

Mitigation Activity Square Feet of
Mitigation Buffer
Riparian Buffer
Mitigation Units Generated
Restoration 1 1
Enhancement 2 1
Preservation on Non-Subject Urban Streams 3 1
Preservation on Subject Urban Streams 3 1
Preservation on Non-Subject Rural Streams 5 1
Preservation on Subject Rural Streams 10 1

(i) RIPARIAN BUFFER RESTORATION OR ENHANCEMENT. Division staff shall make an on-site determination as
to whether a potential mitigation site qualifies as a restoration or enhancement site as defined in Paragraph (b) of this
Rule. Riparian buffer restoration or enhancement sites shall meet the following requirements:
(1) Buffer restoration or enhancement may be proposed as follows:

Urban Areas Non-Urban Areas
Buffer width (ft)
Proposed
Percentage
of Full Credit
Buffer width (ft)
Proposed
Percentage
of Full Credit
Less than 20 0 % Less than 20 0 %
20-29 75 % 20-29 0 %
30-100 100 % 30-100 100 %
101-200 A 50 % A 101-200 A 50 % A
A The area of the mitigation site beyond 100 linear feet from the top of bank shall comprise no more than
10 percent of the total area of mitigation.

(2) The location of the restoration or enhancement shall comply with the requirements of Paragraphs (e),
(f), and (g) of this Rule. In the Catawba watershed, buffer mitigation may be done along the lake
shoreline as well as along intermittent and perennial stream channels throughout the watershed.
(3) Diffuse flow of runoff shall be maintained in the riparian buffer. Any existing impervious cover or
stormwater conveyances such as ditches, pipes, or drain tiles shall be eliminated and the flow
converted to diffuse flow. If elimination of existing stormwater conveyances is not feasible, then the
applicant or mitigation provider shall provide a delineation of the watershed draining to the stormwater
outfall and the percentage of the total drainage treated by the riparian buffer for Division approval; the
Division may reduce credit proportionally.
(4) The applicant or mitigation provider shall submit to the Authority a restoration or enhancement plan
for written approval by the Division. The restoration or enhancement plan shall demonstrate
compliance with the requirements of Subparagraphs (1) through (3) of this Paragraph and shall contain
the following in addition to the elements required in Paragraph (c) of this Rule:
(A) A map of the proposed restoration or enhancement site;
(B) A vegetation plan that shall include a minimum of four native hardwood tree species or four
native hardwood tree and native shrub species, where no one species is greater than 50
percent of established stems, established at a density sufficient to provide 260 stems per acre
at the completion of monitoring. Native volunteer species may be included to meet
performance standards. The Division may approve alternative vegetation plans upon
consideration of factors, including site wetness and plant availability to meet the
requirements of this Part;
(C) A grading plan (if applicable). The site shall be graded in a manner to ensure diffuse flow
through the entire riparian buffer;
(D) A schedule for implementation, including a fertilization and herbicide plan if applicable; and
(E) A monitoring plan, including monitoring of vegetative success and other anticipated benefits
to the adjacent water as listed in the authorization certification.
(5) Within one year after the Division has approved the restoration or enhancement plan, the applicant or
mitigation provider shall present documentation to the Division that the riparian buffer has been
restored or enhanced unless the Division agrees in writing to a longer time period due to the necessity
for a longer construction period.
(6) The mitigation area shall be placed under a perpetual conservation easement or similar legal protection
mechanism to provide for protection of the property's nutrient removal and other water quality
functions.
(7) The applicant or mitigation provider shall submit written annual reports for a period of five years after
the restoration or enhancement has been conducted showing that the trees or tree and shrub species
planted are meeting success criteria and that diffuse flow through the riparian buffer has been
maintained. The applicant or mitigation provider shall replace trees or shrubs and restore diffuse flow
if needed during that five-year period. Additional years of monitoring may be required if the
objectives under Paragraph (i) have not been achieved at the end of the five-year monitoring period.
(8) The mitigation provider shall provide a site specific credit/debit ledger to the Division at regular
intervals once credits are established and until they are exhausted.
(9) The mitigation provider shall provide a completion bond that is payable to the Division sufficient to
ensure that land purchase, construction, monitoring, and maintenance are completed. A non-wasting
endowment or other financial mechanism for perpetual maintenance and protection shall be provided.
(j) PURCHASE OF BUFFER MITIGATION CREDITS FROM A PRIVATE OR PUBLIC MITIGATION BANK.
Applicants who choose to satisfy some or all of their mitigation by purchasing mitigation credits from a private or public
mitigation bank shall meet the following requirements:
(1) The mitigation bank from which credits are purchased is listed on the Division's webpage
(http://portal.ncdenr.org/web/wq/swp/ws/401) and has available riparian buffer credits;
(2) The mitigation bank from which credits are purchased shall be located as described in Paragraphs (e),
(f), and (g) of this Rule; and
(3) After receiving a mitigation acceptance letter from the mitigation provider, proof of payment for the
credits shall be provided to the Division prior to any activity that results in the removal or degradation
of the protected riparian buffer.
(k) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Applicants who choose to satisfy some or all
of their mitigation determination by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund shall
meet the requirements of Rule .0269 of this Section. Payment made to the NC Ecosystem Enhancement Program (the
Program) shall be contingent upon acceptance of the payment by the Program. The Program shall consider their financial,
temporal, and technical ability to satisfy the mitigation request to determine whether they shall accept or deny the request.
(l) DONATION OF PROPERTY. Applicants who choose to satisfy their mitigation determination by donating real
property or an interest in real property to fully or partially offse t an approved payment into the Riparian Buffer
Restoration Fund pursuant to Paragraph (k) of this Rule shall meet the following requirements:
(1) The value of the property interest shall be determined by an appraisal performed in accordance with
Part (l)(4)(D) of this Rule. The donation shall satisfy the mitigation determination if the appraised
value of the donated property interest is equal to or greater than the required fee. If the appraised
value of the donated property interest is less than the required fee calculated pursuant to Rule .0269 of
this Section, the applicant shall pay the remaining balance due.
(2) The donation of real property interests shall be granted in perpetuity.
(3) Donation of real property interests to satisfy the full or partial payments under Paragraph (k) shall be
accepted only if such property meets the following requirements:
(A) The property shall be suitable for restoration or enhancement to successfully produce viable
riparian buffer compensatory mitigation credits in accordance with Paragraph (i) of this Rule
or the property shall be suitable for preservation to successfully produce viable riparian
buffer compensatory mitigation credits in accordance with Part (m)(2)(C) of this Rule;
(B) The property shall be located in an area where the Program may reasonably utilize the
credits, based on historical or projected use, to offset compensatory mitigation requirements;
(C) The estimated cost of restoring or enhancing and maintaining the property shall not exceed
the projected mitigation credit value of the property minus land acquisition costs, except
where the applicant supplies additional funds acceptable to the Program for restoration or
enhancement and maintenance of the buffer;
(D) The property shall not contain any building, structure, object, site, or district that is listed in
the National Register of Historic Places established pursuant to Public Law 89 -665, 16
U.S.C. 470 as amended;
(E) The property shall not contain any hazardous substance or solid waste such that water quality
may be adversely impacted, unless the hazardous substance or solid waste can be properly
remediated before the interest is transferred;
(F) The property shall not contain structures or materials that present health or safety concerns to
the general public. If wells, septic, water, or sewer connections exist, they shall be filled,
remediated or closed at owner's expense in accordance with state and local health and safety
regulations before the interest is transferred. Sewer connections in Zone 2 may be allowed for
projects in accordance with Part (m)(2)(E) of this Rule;
(G) The property and adjacent properties shall not have prior, current, or known future land use
that may jeopardize the functions of the compensatory mitigation;
(H) The property shall not have any encumbrances or conditions that are inconsistent with the
requirements of this Rule or purposes of Rules .0233, .0243, .0250, .0259, .0267 or .0607 of
this Subchapter;
(I) Fee simple title to the property or a perpetual conservation easement on the property shall be
donated to the State of North Carolina, a local government, or a qualified holder under N.C.
General Statute 121-34 et seq. and 26 USC 170(h) of the Internal Revenue Code as approved
by the Department and the donee; and
(J) The donation shall be accompanied by a non-wasting endowment or other financial
mechanism for perpetual maintenance and protection sufficient to ensure perpetual long-term
monitoring and maintenance. However, when a local government has donated a perpetual
conservation easement and entered into a binding intergovernmental agreement with the
Program to manage and protect the property consistent with the terms of the perpetual
conservation easement, that local government shall not be required to provide a non-wasting
endowment.
(4) At the expense of the applicant or donor, the following information shall be submitted to the Program
with any proposal for donations or dedications of interest in real property:
(A) Documentation that the property meets the requirements of Subparagraph (l)(3) of this Rule;
(B) A US Geological Survey 1:24,000 (7.5 minute) scale topographic map, county tax map,
USDA Natural Resource Conservation Service County Soil Survey Map, and county road
map showing the location of the property to be donated, along with information on existing
site conditions, vegetation types, presence of existing structures, and easements;
(C) A current property survey performed in accordance with the procedures of the North Carolina
Department of Administration, State Property Office as identified by the State Board of
Registration for Professional Engineers and Land Surveyors as set forth in 21 NCAC 56
.1600.
(D) A current appraisal of the value of the property performed in accordance with the procedures
of the North Carolina Department of Administration, State Property Office as identified by
the Appraisal Board as set forth in 21 NCAC 57A .0501; and
(E) A complete attorney's report on title with a title commitment for policy in the name of the
State of North Carolina in the dollar amount of the appraised value.
(m) ALTERNATIVE BUFFER MITIGATION OPTIONS. Some or all of a buffer mitigation requirement may be met
through any of the alternative mitigation options described in this Paragraph. Any proposal for al ternative mitigation
shall meet the requirements of Paragraphs (c), (e), (f), and (g) of this Rule, the requirements set out in the named
Subparagraph addressing that option, and the following requirements:
(1) Any proposal for alternative mitigation shall be provided in writing to the Division and shall meet the
following content and procedural requirements for approval by the Division:
(A) Projects that have been constructed and are within the required monitoring period on the
effective date of this Rule are eligible for use as alternative buffer mitigation. Projects that
have completed monitoring and released by the Division on or before the effective date of
this Rule are eligible for use as alternative buffer mitigation for a period of 10 years from the
effective date of this Rule;
(B) The mitigation area shall be placed under a perpetual conservation easement or similar legal
protection mechanism to provide for protection of the property's nutrient removal and other
water quality functions; and
(C) A completion bond payable to the Division sufficient to ensure that land purchase,
construction, monitoring, and maintenance are completed.
(D) A non-wasting endowment or other financial mechanism for perpetual maintenance and
protection shall be provided.
(2) ALTERNATIVE BUFFER MITIGATION – NON-STRUCTURAL, VEGETATIVE OPTIONS
(A) Coastal Headwater Stream Mitigation. Wooded buffers planted along Outer Coastal Plain
headwater stream mitigation sites may be approved as riparian buffer mitigation as long as
the site meets all applicable requirements of Paragraph (i) of this Rule. In addition, all
success criteria including woody species, stem density, diffuse flow, and stream success
criteria specified by the Division in any required written approval of the site shall be met.
The area of the buffer shall be measured perpendicular to the length of the valley being
restored. The area within the proposed buffer mitigation shall not also be used as wetland
mitigation. The mitigation provider shall monitor the site for at least five years from the date
of planting by providing annual reports for written Division approval.
(B) Buffer Restoration and Enhancement on Non-Subject Streams. Restoration or enhancement
of buffers may be conducted on intermittent or perennial streams that are not subject to
riparian buffer rules. These streams shall be confirmed as intermittent or perennial streams
by Division staff using the Division publication, Methodology for Identification of
Intermittent and Perennial Streams and Their Origins (v.4.11, 2010) available at no cost at
http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations. The
proposal shall meet all applicable requirements of Paragraph (i) of this Rule.
(C) Preservation of Buffer on Non-subject streams. Preservation of buffers on intermittent or
perennial streams that are not subject to riparian buffer rules may be proposed in order to
permanently protect the buffer from cutting, clearing, filling, grading, and similar activities
that would affect the functioning of the buffer. These streams shall be confirmed as
intermittent or perennial streams by Division staff using the Division publication,
Methodology for Identification of Intermittent and Perennial Streams and Their Origins
(v.4.11, 2010). The preservation site shall meet the requirements of Subparagraphs (i)(1),
(i)(3), (i)(6) and Parts (l)(3)(D), (E), (F), (H) and (J) of this Rule. Preservation shall be
proposed only when restoration or enhancement with an area at least equal to the footprint of
the buffer impact has been proposed.
(D) Preservation of Buffers on Subject Streams. Buffer preservation may be proposed in order to
permanently protect the buffer from cutting, clearing, filling, grading, and similar activities
that would affect the functioning of the buffer beyond the protection afforded by the existing
buffer rules on sites that meet the definition of a preservation site along streams, estuaries, or
ponds that are subject to buffer rules. The preservation site shall meet the requirements of
Subparagraphs (i)(1), (i)(3), (i)(6) and Parts (l)(3)(D), (E), (F), (H) and (J) of this Rule.
Preservation shall be proposed only when restoration or enhancement of an area at least
equal to the footprint of the buffer impact has been proposed.
(E) Sewer easement within the buffer. If the proposed mitigation site contains a sewer easement
in Zone 1, that portion of the sewer easement within Zone 1 is not suitable for buffer
mitigation. If the proposed mitigation site contains a sewer easement in Zone 2, the portion
of the sewer easement in Zone 2 may be suitable for buffer mitigation if:
(i) the applicant or mitigation provider restores or enhances the forested buffer in Zone
1 adjacent to the sewer easement;
(ii) the sewer easement is at least 30 feet wide;
(iii) the sewer easement is required to be maintained in a condition that meets the
vegetative requirements of the collection system permit; and
(iv) diffuse flow is provided across the entire buffer width.
The proposal shall meet all applicable requirements of Paragraph (i) of this Rule for
restoration or enhancement. The proposal shall meet all applicable requirements of Part
(m)(2)(C) of this Rule for preservation.
(F) Enhancement of grazing areas adjacent to streams. Buffer credit at a 2:1 ratio shall be
available for an applicant or mitigation provider who proposes permanent exclusion of
grazing livestock that otherwise degrade the stream and riparian zone through trampling,
grazing, or waste deposition by fencing the livestock out of the stream and its adjacent buffer.
The applicant or mitigation provider shall provide an enhancement plan as set forth in
Paragraph (i). The applicant or mitigation provider shall demonstrate that grazing was the
predominant land use since the effective date of the applicable buffer rule.
(G) Mitigation on ephemeral channels. For purposes of riparian buffer mitigation as described in
this Part, an "ephemeral channel" is defined as a natural channel exhibiting discernible banks
within a topographic crenulation (V-shaped contour lines) indicative of natural drainage on
the 1:24,000 scale (7.5 minute) quadrangle topographic map prepared by the U.S. Geologic
Survey, or as seen on digital elevation models with contours developed from the most recent
available LiDAR data. Ephemeral channels only flow for a short period of time after
precipitation in the immediate area and do not have periods of base flow sustained by
groundwater discharge. The applicant or mitigation provider shall provide a delineation of
the watershed draining to the ephemeral channel. The entire area proposed for mitigation
shall be within the contributing drainage area to the ephemeral channel. The ephemeral
channel shall be directly connected to an intermittent or perennial stream and contiguous with
the rest of the mitigation site protected under a perpetual conservation easement. The area of
the mitigation site on ephemeral channels shall comprise no more than 25 percent of the total
area of mitigation. The proposal shall meet all applicable requirements of Paragraph (i) of
this Rule for restoration or enhancement. The proposal shall meet all applicable
requirements of Part (m)(2)(C) of this Rule for preservation.
(H) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as
described in this Part, a "ditch" is defined as a man-made channel other than a modified
natural stream that was constructed for drainage purposes. To be used for mitigation, a ditch
shall meet all of the following criteria:
(i) be directly connected with and draining towards an intermittent or perennial stream;
(ii) be contiguous with the rest of the mitigation site protected under a perpetual
conservation easement;
(iii) stormwater runoff from overland flow shall drain towards the ditch;
(iv) be between one and three feet in depth; and
(v) the entire length of the ditch shall have been in place prior to the effective date of
the applicable buffer rule.
The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed
50 feet for crediting purposes. The applicant or mitigation provider shall provide a
delineation of the watershed draining to the ditch. The watershed draining to the ditch shall
be at least four times larger than the restored or enhanced area along the ditch. The perpetual
conservation easement shall include the ditch and the confluence of the ditch with the
intermittent or perennial stream, and provide language that prohibits future maintenance of
the ditch. The proposal shall meet all applicable requirements of Paragraph (i) of this Rule
for restoration or enhancement.
(3) ALTERNATIVE BUFFER STORMWATER TREATMENT OPTIONS.
(A) For all structural options: Riparian buffer restoration or enhancement is required with an
area at least equal to the footprint of the buffer impact, and the remaining mitigation resulting
from the multipliers may be met through structural options;
(B) Structural measures already required by other local, state or federal rule or permit cannot be
used as alternative buffer mitigation, except to the extent such measure(s) exceed the
requirements of such rule or permit. Stormwater Best Management Practices (BMPs),
including bioretention facilities, constructed wetlands, infiltration devices and sand filter are
all potentially approvable (BMPs) for alternative buffer mitigation. Other BMPs may be
approved only if they meet the nutrient removal levels outlined in Part (3)(C) of this
Subparagraph. Existing or planned BMPs for a local, state, or federal rule or permit may be
retrofitted or expanded to improve their nutrient removal if this level of treatment would not
be required by other local, state, or federal rules. In this case, the predicted increase in
nutrient removal may be counted toward alternative buffer mitigation;
(C) Minimum treatment levels: Any structural BMP shall provide at least 30 percent total
nitrogen and 35 percent total phosphorus removal as demonstrated by a scientific and
engineering literature review as approved by the Division. The mitigation proposal shall
demonstrate that the proposed alternative removes an equal or greater annual mass load of
nutrients to surface waters as the buffer impact authorized in the authorization certificate or
variance, following the calculation of impact and mitigation areas pursuant to Paragraphs (d),
(e), and (f) of this Rule. To estimate the rate of nutrient removal of the impacted buffer, the
applicant or mitigation provider shall use a method previously approved by the Division. The
applicant or mitigation provider may propose an alternative method of estimating the rate of
nutrient removal for consideration and review by the Division;
(D) All proposed structural BMPs shall follow the Division's 2009 Stormwater Best Management
Practice Design Manual available at no cost at http://portal.ncdenr.org/web/lr/bmp-manual. If
a specific proposed structural BMP is not addressed in this Manual, the applicant or
mitigation provider shall follow Chapter 20 in this Manual for approval;
(E) All structural options are required to have Division approved operation and maintenance
plans;
(F) All structural options are required to have continuous and perpetual maintenance and shall
follow the Division's 2009 Stormwater Best Management Practice Design Manual;
(G) Upon completion of construction, the designer for the type of BMP installed shall certify that
the system was inspected during construction and that the BMP was constructed in
substantial conformity with plans and specifications approved by the Division;
(H) Removal and replacement of structural options: If a structural option is proposed to be
removed and cannot be replaced on-site, then a structural or non-structural measure of equal
or better nutrient removal capacity in a location as specified by Paragraph (f) and (g) of this
Rule shall be constructed as a replacement;
(I) Renovation or repair of structural options: If a structural option must be renovated or
repaired, it shall be renovated to provide equal or be tter nutrient removal capacity than as
originally designed;
(J) Structural options as well as their operation and maintenance are the responsibility of the
landowner or easement holder unless the Division gives written approval for another
responsible party to operate and maintain them. Structural options shall be located in
recorded drainage easements for the purposes of operation and maintenance and shall have
recorded access easements to the nearest public right-of-way. These easements shall be
granted in favor of the party responsible for operating and maintaining the structure, with a
note that operation and maintenance is the responsibility of the landowner, easement holder
or other responsible party; and
(K) Bonding and endowment. A completion bond payable to the Division sufficient to ensure
that land purchase, construction, monitoring, and maintenance are completed and a non-
wasting endowment or other financial mechanism for perpetual maintenance and protection
shall be provided.
(4) OTHER ALTERNATIVE BUFFER MITIGATION OPTIONS. Other riparian buffer mitigation
options may be considered by the Division on a case-by-case basis after 30-day public notice through
the Division's Water Quality Certification Mailing List in accordance with 15A NCAC 02H .0503 as
long as the options otherwise meet the requirements of this Rule. Division staff shall present
recommendations to the Environmental Management Commission for a final decision with respect to
any proposal for alternative buffer mitigation options not specified in this Rule.
(n) ACCOUNTING FOR BUFFER CREDIT, NUTRIENT OFFSET CREDIT AND STREAM MITIGATION
CREDIT. Buffer mitigation credit, nutrient offset credit, wetland mitigation credit, and stream mitigation credit shall be
accounted for in accordance with the following:
(1) Buffer mitigation used for buffer mitigation credit shall not be used for nutrient offset credits;
(2) Buffer mitigation or nutrient offset credit shall not be generated within wetlands that provide wetland
mitigation credit required by 15A NCAC 02H .0506; and
(3) Either buffer mitigation or nutrient offset credit may be generated on stream mitigation sites as long as
the width of the restored or enhanced riparian buffer meets the requirements of Subparagraph (i)(1).

History Note: Authority 143-214.1; 143-214.5; 143-214.7; 143-214.20; 143-215.3(a)(1); 143-215.6A; 143-215.6B;
143-215.6C; 143-215.8A; 143-215.8B; 143-282(c); 143B-282(d); S.L. 1998-221; S.L. 1999-329, s.
7.1; S.L. 2001-418, s. 4.(a); S.L. 2003-340, s. 5; S.L. 2005-190; S.L. 2006-259; S.L. 2009-337; S.L.
2009-486; S.L. 2014-95;
Temporary Adoption Eff. October 24, 2014.

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix G.
Delivered Credit Yield Table for Jordan Sub Watersheds

Jordan Water Supply Nutrient Strategy
Delivered Credit Yield Table for Jordan Sub Watersheds
Updated
12/20/2012

Page 1 of 2

Attachment B

Delivered credit yields for buffer acres in Jordan small watersheds.
Watershed ID Jordan
Subwatershed
Delivery Factors TN Credit TP Credit
TN TP (lbs/30yrs) (lbs/30yrs)
03030002010010 Haw 25% 10% 562.34 14.38
03030002010020 Haw 37% 36% 832.26 51.77
03030002010030 Haw 44% 40% 989.72 57.52
03030002010040 Haw 49% 44% 1102.19 63.27
03030002010050 Haw 55% 48% 1237.15 69.03
03030002020010 Haw 15% 4% 337.40 5.75
03030002020020 Haw 22% 12% 494.86 17.26
03030002020030 Haw 48% 43% 1079.69 61.84
03030002020040 Haw 32% 33% 719.80 47.46
03030002020050 Haw 32% 32% 719.80 46.02
03030002020060 Haw 47% 42% 1057.20 60.40
03030002020070 Haw 54% 47% 1214.66 67.59
03030002030010 Haw 60% 56% 1349.62 80.53
03030002030020 Haw 44% 31% 989.72 44.58
03030002030030 Haw 25% 8% 562.34 11.50
03030002030040 Haw 42% 30% 944.73 43.14
03030002030050 Haw 64% 62% 1439.59 89.16
03030002030060 Haw 39% 19% 877.25 27.32
03030002030070 Haw 36% 18% 809.77 25.88
03030002030080 Haw 73% 64% 1642.04 92.04
03030002040010 Haw 30% 14% 674.81 20.13
03030002040020 Haw 28% 14% 629.82 20.13
03030002040030 Haw 71% 63% 1597.05 90.60
03030002040040 Haw 32% 15% 719.80 21.57
03030002040050 Haw 52% 50% 1169.67 71.90
03030002040060 Haw 54% 51% 1214.66 73.34
03030002040070 Haw 67% 60% 1507.07 86.28
03030002040080 Haw 53% 51% 1192.16 73.34
03030002040090 Haw 54% 51% 1214.66 73.34
03030002040100 Haw 75% 65% 1687.02 93.47
03030002040110 Haw 66% 60% 1484.58 86.28
03030002050010 Haw 74% 68% 1664.53 97.79
03030002050020 Haw 81% 74% 1821.98 106.42
03030002050030 Haw 42% 17% 944.73 24.45
03030002050040 Haw 80% 73% 1799.49 104.98

Jordan Water Supply Nutrient Strategy
Delivered Credit Yield Table for Jordan Sub Watersheds
Updated
12/20/2012

Page 2 of 2

Watershed ID Jordan
Subwatershed
Delivery Factors TN Credit TP Credit
TN TP (lbs/30yrs) (lbs/30yrs)
03030002050050 Haw 71% 67% 1597.05 96.35
03030002050060 Haw 79% 73% 1777.00 104.98
03030002050070 Haw 78% 72% 1754.50 103.54
03030002050080 Haw 80% 73% 1799.49 104.98
03030002050090 Haw 79% 73% 1777.00 104.98
03030002050100 Haw 81% 75% 1821.98 107.85
03030002060010 Haw 81% 74% 1821.98 106.42
03030002060020 Haw 95% 97% 2136.90 139.49
03030002060030 Haw 88% 91% 1979.44 130.86
03030002060040 Haw 97% 98% 2181.88 140.93
03030002060050 Haw 92% 95% 2069.41 136.61
03030002060062 Haw 98% 99% 2204.38 142.37
03030002060070 UNH 40% 19% 867.70 27.32
03030002060080 UNH 59% 45% 1279.86 64.71
03030002060100 UNH 69% 63% 1496.79 90.60
03030002060110 UNH 61% 58% 1323.25 83.41
03030002060120 UNH 69% 63% 1496.79 90.60
03030002060140 UNH 85% 89% 1843.87 127.99
03030002060130 UNH 69% 63% 1496.79 90.60
03030002060160 LNH 85% 90% 1932.07 131.76
03030002060090* UNH 92% 94% 1995.71 135.18
03030002060090* LNH 92% 94% 2091.18 137.62
03030002060060* UNH 94% 96% 2039.10 138.05
03030002060060* LNH 94% 96% 2136.64 140.54
03030002060150* UNH 88% 91% 1908.94 130.86
03030002060150* LNH 88% 91% 2000.26 133.22
*Watershed is located in both the Upper New Hope (UNH) and Lower New Hope (LNH) Subwatersheds.

Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix H.
Section 404, Section 401, & Sediment & Erosion Control Permit/Plan

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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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Benton Branch Bank Parcel Baseline Document and Asbuilt Report Appendices
Phase One Haw River WS Umbrella Bank Restoration Systems, LLC

Appendix I:
Benton Branch Stream & Wetland Mitigation Bank As-Built Approval Letter

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 2, 2018
Regulatory Division/1200A
Action ID No. SAW-2015-01701
Re: Second Credit Release (As-Built Implementation) associated with Cape Fear 02 Umbrella
Mitigation Bank, Benton Branch Bank Site
Mr. Worth Creech
Restoration Systems, LLC
2202 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Dear Mr. Creech:
This correspondence is in reference to the Benton Branch Bank Site, part of the Cape Fear 02
Umbrella Mitigation Bank. The 33.14-acre site is located adjacent to and including Benton
Branch in the Cape Fear watershed, Cataloging Unit (03030002), on both sides of Milesville
Road near its intersection with Massey Road, north of Elon, in Caswell County, North Carolina.
The purpose of this letter is to confirm the second release of credits (As-Built Implementation)
for this mitigation site.
Pursuant to the Umbrella Mitigation Banking Instrument (UMBI) entitled “Agreement to
Establish the Cape Fear 02 Umbrella Mitigation Bank Within the State of North Carolina”,
approved by letter dated July 7, 2017; the site-specific “Final Bank Site Mitigation Plan, Cape
Fear 02 Umbrella Mitigation Bank, Developed Through Restoration and Enhancement of the
Benton Branch Bank Site” (Plan) dated May 2017; and the “Final Baseline Monitoring
Document and As-Built Baseline Report – Cape Fear 02 Umbrella Mitigation Bank Benton
Branch Bank Site” dated April 2018, fifteen percent (15%) of the mitigation site’s total stream
credits shall be available for sale upon completion of all of the following:
1) Successful completion of all stream restoration and enhancement activities (As-Built
Construction) as described in the Plan, dated May 2017, and the “Construction Plans,
Benton Branch Site” (Construction Plans) dated May 5, 2017;
2) Successful completion of all planting activities as described in the Plan, dated May
2017; and
3) Successful completion of easement fencing suitable for livestock exclusion as
outlined in the Plan, dated May 2017.
-2-
Please note that 67 stream mitigation units (SMUs) associated with Trib 5A were not
included in the final SMU credit total, as approved in the aforementioned Plan and Construction
Plans. Therefore, the revised total SMUs for the Benton Branch Bank Site should be 6059
SMUs. This credit release will include the initial and second credit release (30 percent or 20.1
SMUs) for the 67 SMUs associated with Trib 5A.
By copy of this correspondence, we confirm that you have satisfied the above requirements
for the second release of credits (As-Built Implementation). As such, 918.9 stream mitigation
units (SMUs), constituting 15% of the mitigation bank site’s total stream credits are now
available for sale. To date, 30 percent (1817.70 SMUs) of the total stream credits (6059 SMUs)
have been released. Our records indicate that 898.8 SMUs associated with this mitigation site
have been debited as of May 2, 2018. Therefore, the current total amount of credits available for
sale is 918.90 SMUs. Per section 9.3 of the Plan dated May 2017, potential wetland credit
releases will be withheld until the end of the Wetland Monitoring Period.
Thank you for your interest in restoring and protecting waters of the United States. If you
have questions regarding this letter, please contact Samantha Dailey, Raleigh Regulatory Field
Office at [e-mail] or telephone [phone], Extension 22.
Sincerely,
for Jean B. Gibby
Chief, Raleigh Regulatory Field Office
Electronic Copies Furnished:
NCIRT Distribution List
Digitally signed by
BAILEY.DAVID.E.1379283736
DN: c=US, o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
cn=BAILEY.DAVID.E.1379283736
Date: 2018.05.02 12:09:53 -04'00'