20160981 Ver 2_Uzzle BPDP for PN_20190111

ID#* 20160981
Select Reviewer:*
Katie Merritt
Initial Review
Completed Date
01/11/2019
Mitigation Project Submittal -1/11/2019
Version* 2
Is this a Prospectus, Technical Proposal or a New Site? *
Type of Mitigation Project:*
r Stream r Wetlands V Buffer r Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Bob White
Project Information
Existing 20160981
(DWR) (nunbers only no dash)
I D#: *
Project Name: Uzzle Buffer Mitigation Site
County: Johnston
Document Information
r Yes r No
Email Address:*
[e-mail]
Existing 2
Version: (nun-bersonly)
Mitigation Document Type:*
Mitigation Plan
File Upload: Uzzle BPDP - FINAL.pdf 24.98MB
Rease upload only one RDF of the complete file that needs to be subnitted...
Signature
Print Name:* Megan D Engel
Signature:*

Bank Parcel Development Plan
Uzzle Buffer Mitigation Site
DWR Project Number: 2016-0981 v2
Johnston County, North Carolina
Neuse River Basin
HUC 03020201
Prepared By:
fires
Bank Sponsor: EBX-Neuse I, LLC,
302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-829-9909
January 2019

Table of Contents
1 INTRODUCTION......................................................................................................................... l
1.1 Parcel Location........................................................................................................................1
1.2 Parcel Overview......................................................................................................................1
2 PROJECT AREA — EXISTING CONDITIONS..........................................................................2
2.1 Physiography...........................................................................................................................
2
2.2 Soils.........................................................................................................................................3
2.3 Existing Riparian Conditions...................................................................................................
3
2.4 Wetlands..................................................................................................................................4
2.5 Threatened and Endangered Species........................................................................................
5
2.6 Environmental and Cultural Constraints...................................................................................
5
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping.................6
3 RIPARIAN ENHANCEMENT PLAN......................................................................................... 6
3.1 Parcel Preparation....................................................................................................................
6
3.2 Riparian Enhancement Activities.............................................................................................
6
3.3 Planting Plan............................................................................................................................
7
3.4 Easement Boundaries and Fencing...........................................................................................
8
4 MONITORING AND MAINTENANCE PLAN.......................................................................... 8
4.1 Monitoring Protocol and Success Criteria................................................................................
8
4.2 Adaptive Management Plan and Parcel Maintenance...............................................................
9
4.3 Long Term Management Plan..................................................................................................
9
5 FINANCIAL ASSURANCE........................................................................................................11
6 MITIGATION POTENTIAL.....................................................................................................12
7 CREDIT RELEASE SCHEDULE FOR UZZLE.......................................................................13
8 REFERENCES............................................................................................................................14
APPENDIX
Appendix A— Supporting Figures
Figure 1. Service Area Map
Figure 2. Vicinity Map
Figure 3. Existing Conditions Map
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Map
Figure 8. Soils Map
Figure 9. National Wetlands Inventory Map
Figure 10. FEMA Map
Figure 11. Monitoring Plan Map
Appendix B— Correspondence
Appendix C— Conservation Easement and Plat
Appendix D — Existing Conditions Photos (April 10, 2018)
Uzzle Parcel Development Package
Buffer Mitigation Site ii January 2019

I INTRODUCTION
EBX—Neuse I, LLC (EBX), an entity of Resource Environmental Solutions (RES), is pleased to provide
this Bank Parcel Development Plan (BPDP) for the Uzzle Riparian Buffer Mitigation Bank ("Parcel").
This Parcel is designed to provide riparian buffer mitigation credits for unavoidable impacts due to
development within the Neuse River Basin, United States Geological Survey (USGS) 8 -digit Hydrologic
Unit Code (HUC — 03020201) (Figure 1). This BPDP is in accordance with the Consolidated Buffer
Mitigation Rule 15A NCAC 02B .0295 and the RES Poplar Creek Umbrella Mitigation Banking
Instrument (UMBI), made and entered into by EBX-Neuse I, LLC acting as the Bank Sponsor (Sponsor),
and the North Carolina Department of Environmental Quality -Division of Water Resources (DWR).
Supporting figures can be found in Appendix A. The BPDP has also been designed in concurrence with
Uzzle Stream Mitigation Site in the Neu -Con Stream and Wetland Umbrella Mitigation Bank (SAW#
2016-01973). The mitigation plan for the Uzzle Stream Mitigation Bank has been submitted and is in
review with the Interagency Review Team (IRT). It is proposed to provide stream enhancement and
restoration on approximately 5,982 linear feet of streams to generate 3,118 stream mitigation units.
1.1 Parcel Location
The Uzzle Parcel is located in Johnston County approximately six miles southeast of Clayton, North
Carolina (Figure 2). The Parcel is located within Neuse River Basin USGS 14 -digit HUC
03020201100040, a Targeted Local Watershed, and DWR Subbasin Number 03-04-02.
To access the Parcel head West on NC 70 from the Town of Wilson Mills and turn left onto Meta Drive.
The Parcel is accessible from the end of Meta Drive. The coordinates of the site are 35.585186 N, -
78.393553 W.
1.2 Parcel Overview
The Uzzle Bank Parcel is being proposed to restore and enhance stream systems with their adjacent
riparian buffers and their functions and values to compensate, in appropriate circumstances, for
unavoidable riparian buffer impacts and nutrient load reduction requirements. The proposed
enhancement of the Neuse riparian buffer (as defined in 15A NCAC 02B .0233) is anticipated to result in
immediate water quality benefits within the vicinity of the Parcel and will include the removal of livestock
access to Parcel streams and reduction in nutrient loads from agricultural land -uses. The riparian
restoration and enhancement activities within the Parcel will also result in improved water quality within
the downstream watershed. When combining the Uzzle Stream Mitigation Bank with the Uzzle Buffer
Mitigation Bank, the conservation easement will total approximately 27.3 acres and includes Little Poplar
Creek, which flows directly into the Neuse River and two unnamed tributaries that flow directly into Little
Poplar Creek. The Parcel is located in an area dominated by agricultural fields, cattle pastures and wooded
areas (Figure 3). The majority of the Parcel is highly disturbed riparian forest that has been actively
grazed. The presence of livestock within the parcel has prevented understory vegetative growth, caused
localized areas of erosion, and is a constant source of nutrients to the stream. Other stressors include high
storm flows from the upstream culvert. These impacts have dislocated some of the stream from its
floodplain and created poorly functioning overflow "channels", causing significant habitat degradation as
well as unstable and eroding banks.
Uzzle Parcel Development Package
Buffer Mitigation Site 1 January 2019

The easement is separated by an agricultural crossing, dividing the site into an upper and lower portion.
The upper portion of the project includes reaches LP1, LP2, LP3, LP4, and LP5. The lower portion of the
project includes reaches LP5, LP6, and LP7. The overall drainage area of the Parcel is approximately 2.05
miles squared. Little Poplar Creek (LP1, LP2, LP4, LP5, and LP7) is a perennial stream channel and the
two unnamed tributaries (LP3 and LP6) have been classified as intermittent and confirmed by DWR staff
(Appendix B). Furthermore, it was confirmed, by DWR staff, that all riparian areas adjacent to streams
associated with this proposed bank have active cattle grazing. Stream identifications and buffer viability
assessments were performed by the DWR at the January 13, 2017 site visit. Correspondence regarding
these determinations is in Appendix B.
For purposes of the Uzzle Riparian Buffer Bank, the Parcel involves enhancing riparian buffers and other
riparian areas adjacent to mitigated streams onsite. Of the 27.3 acres protected in the conservation easement,
13.66 acres will be enhanced by the removal of cattle from the streams and riparian areas for Neuse riparian
buffer credit only. The BPDP will generate credit within the 0-50 foot and 151-200 foot buffer from the
proposed top of bank (Figure 4). All project streams will have a riparian buffer of at least 50 feet, excluding
crossings and a portion of LP5 and LP6 to the gas -line easement (Figure 4). Credit within the 51-150 foot
buffer zone is being claimed for additional stream credit in the Uzzle Stream Mitigation Bank (Figure 5).
There will be no overlap in the buffer bank credit areas and the buffer for stream credit areas (Figure 6).
As shown on Figure 6, the stream credit area is solely being used for the generation of stream mitigation
credits, and will not be used for the generation of any other credit type (i.e. The same square foot of buffer
cannot be used to generate wetland credit, nutrient offset credits, or state buffer credits). Also, riparian
buffer enhancement credits generated on this Bank Parcel are allowed pursuant to 15A NCAC 02B .0295
(0)(6) but cannot and will not be used to generate nutrient offset credits. Figure 4 shows the Conceptual
Design Plan for the Riparian Buffer Bank and Section 6.0 provides details of the mitigation determination
on the Bank Parcel.
2 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
The Parcel is in the Rolling Coastal Plain Physiographic Province. Soils in the Coastal Plain region formed
in sediment deposits several millions of years ago by the ocean and streams; however, the floodplains
along the Neuse River consist of fairly recent deposits. These deposits are not as weathered as the
sediments in the Coastal Plain region. The site is located on the Little Poplar Creek floodplain and has a
gently rolling topography. Elevations range from 240 to 210 feet above mean sea level (NAD 27) based
upon USGS topographic mapping (Figure 7). Two unnamed tributaries, and Little Poplar Creek on the
Uzzle Bank Parcel as well as overland flow of stormwater ultimately drain into Poplar Creek, and
subsequently into the Neuse River.
Little Poplar Creek is classified as Class C waters. Class C waters are protected for uses such as secondary
recreation, fishing, wildlife, fish consumption, aquatic life including propagation, survival and
maintenance of biological integrity, and agriculture. Secondary recreation includes wading, boating, and
other uses involving human body contact with water where such activities take place in an infrequent,
unorganized, or incidental manner (NCDEQ 2018). Within the proposed mitigation area, the channels
drain surface water and groundwater from the surrounding cattle pastures, large impervious surface area
on the west, and storm water runoff from Highway 70 (Figure 3).
Uzzle Parcel Development Package
Buffer Mitigation Site 2 January 2019

2.2 Soils
The Johnston County Soil Survey shows two mapping units across the Parcel. Map units include six soil
series. (Figure 8). Site soils are mapped by the Natural Resources Conservation Service (MRCS) as
Appling-Marlboro complex, Cecil loam, Lynchburg sandy loam, Pacolet loam, Rains sandy loam, and
Wehadkee loam within the Parcel). Lynchburg sandy loam, Rains sandy loam, and Wehadkee loam soils
are generally poorly drained loamy soils and range from zero to five percent slopes. Appling-Marlboro
complex, Cecil loam, and Pacolet loam are well -drained located on uplands or interfluves ranging from
one to 15 percent slopes. Lynchburg sandy loam, Rains sandy loam, and Wehadkee loam soils are listed
on the NRCS hydric soil list as hydric or having hydric inclusions. The surrounding upland soils are
primarily Appling-Marlboro complex, Pacolet loam. The soil series found on the site are described below
and summarized in Table 1.
Table 1. Parcel Mapped Soil Series
Map
Percent
Drainage
Hydrologic
Landscape
Unit
Map Unit Name
Hydric
Class
Soil Group
Setting
Symbol
Appling-Marlboro
AmB
°
0 /o
Well
B
Interfluves
complex, 1-6% slopes
Cecil loam, 6-10%
CeC
0%
Well
A
Interfluves
slopes
Lynchburg sandy
Somewhat
Flat on marine
L
Ly
8%
B/D
loam, 0-2% slopes
poor
terraces
Pacolet loam, 10-15%ridges
Hillslo es on
PaD
0%
Well
B
slopeses
rid
Rains sandy loam, 0-
Flat on marine
Ra
90%
Poor
A/D
2% slopes
terraces
Wehadkee loam, 0-2%
Depressions on
Wt
slopes, frequently
90%
Poor
B/D
floodplains
flooded
2.3 Existing Riparian Conditions
Current land use in the vicinity of the project is primarily actively grazed pasture and forest. There is a
large impervious area, row crops, and maintained vegetation, and a four -line highway surrounding the
project. The site viability letter from DWR in Appendix B provides details on land -uses within the riparian
areas on the site.
Current conditions within the Parcel, demonstrate significant habitat degradation as a result of impacts
from agriculture, and historic land uses; as well as a large wetland the encompasses the majority of the
Parcel (Figure 3, Appendix D). Since the DWR site visit on January 17, 2017, the land use and condition
of the riparian buffer has remained the same; as a grazed woodland, where livestock have full access to
streams. In most cases, the riparian buffer is in fair condition where much of the riparian buffer is devoid
of an understory and shrubs and is actively grazed (under the mature forest canopy) by livestock on both
banks of the existing channel. Habitat along the majority of the restoration (LP 1) and enhancement reaches
Uzzle Parcel Development Package
Buffer Mitigation Site 3 January 2019

(LP2-LP7) is fair in that there is some woody debris or overhanging vegetation for fish cover or protection
for other aquatic species. Furthermore, the forested riparian area most closely resembles a disturbed
Coastal Plain small stream swamp and is dominated by hardwoods and loblolly pine (Pinus taeda). Canopy
species include loblolly pine, green ash (Fraxinus americana), swamp tupelo (Nyssa biflora), tulip -poplar
(Liriodendron tulipifera), American sycamore (Platanus occidentalis), red maple (Acer rubrum),
sweetgum (Liquidambar styraciflua), black cherry (Prunus serotine), white oak (Quercus alba), water oak
(Quercus nigra), and willow oak (Quercus phellos). Sub -canopy species included red cedar (Juniperus
virginaiana), sweetbay (Magnolia virginiana), American holly (Ilex opaca), trumpet creeper (Campsis
radicans), Carolina jasmine (Gelsemium sempervirens), blackberry (Rubus argutus), and roundleaf
greenbrier (Smilax rotundifolia).
The channels within the Parcel include Little Poplar Creek and two unnamed tributaries, divided into seven
reaches by treatment type and location (LP1-LP7), described below. All project reaches, except LP3, are
subject to the Neuse Buffer Protection Rule 15A NCAC 02B .0233 and are therefore being proposed to
generate buffer enhancement mitigation credit under 15A NCAC 02B .0295 (n) and (o)(6), (Appendix
B). Additionally, LP3 is proposed to generate buffer enhancement mitigation credit under 15A NCAC
02B .0295 (n) and (o)(6), as per the DWR buffer viability assessment performed on January 13, 2017
(Appendix B).
Reach LP1 has an existing length of 852 linear feet, a drainage area of 1.76 square miles (1,124 acres),
consists of a main channel that is slightly entrenched but highly sinuous, and has overflow "channels"
causing significant habitat degradation as well as unstable and eroding banks. Reach LP2 has an existing
length of 1,619 linear feet, a drainage area of 1.83 square miles (1,174 acres),and consists of a channel
that is slightly entrenched but highly sinuous. Reach LP3 has an existing length of 200 linear feet, a
drainage area of 0.04 square miles (23 acres),and consists of an entrenched channel with low sinuosity.
Reach LP4 has an existing length of 559 linear feet, a drainage area of 1.88 square miles (1,202 acres),and
consists of a slightly entrenched channel that is highly sinuous. Reach LP5 has an existing length of 2,325
linear feet, a drainage area of 2.03 square miles (1,296 acres), consists of a slightly entrenched channel
that is moderately sinuous, and one 60 -foot easement break. Reach LP6 has an existing length of 387
linear feet, a drainage area of 0.07 square miles (42 acres),and consists of an entrenched channel that has
low sinuosity. Reach LP7 has an existing length of 322 linear feet, a drainage area of 2.05 square miles
(1,312 acres), and consists of a slightly entrenched channel with low sinuosity.
2.4 Wetlands
The United States Fish and Wildlife Service (USFWS) National Wetland Inventory Map (NWI) depicts
one potential wetland area within the Site (Figure 9). During site evaluations on January 5, 2017, this
wetland was confirmed and delineated on-site by senior ecologist Jeremy Schmid. Wetland boundaries
were delineated using current methodology outlined in the 1987 U.S. Army Corps of Engineers (USACE)
Wetland Delineation Manual (Environmental Laboratory 1987). Soils were characterized and classified
using the Field Indicators of Hydric Soils in the United States, Version 7.0 (USDA-NRCS 2010). Within
the boundaries of the proposed Site, one large wetland is present, and is labeled as Wetland A (WA; Figure
3). WA resides within the Parcel, and is approximately 20.68 ac. in size, and portions of the wetland are
present outside the Parcel. The wetland is found within the floodplain along both banks of Little Poplar
Creek for the entirety of the Site and is impacted by cattle access throughout. Vegetation within the
wetland areas is predominantly white oak (Quercus alba), water oak (Quercus nigra), American holly
Uzzle Parcel Development Package
Buffer Mitigation Site 4 January 2019

(Ilex opaca), red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), sweetgum (Liquidambar
styraciflua), loblolly pine (Pinus taeda), blackberry (Rubus argutus), Nepalese browntop (Microstegium
vimineum), dogfennel (Eupatorium capillifolium), partridgeberry (Mitchella repens), roundleaf greenbrier
(Smilax rotundifolia), and muscadine (Vitis rotundifolia). Outside of the easement and wetland areas, cattle
are actively managed, and fescue is the predominant forage. Jurisdiction determination was confirmed in
the field by USACE representative Samantha Dailey on June 22, 2017.
2.5 Threatened and Endangered Species
Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under
provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and
Wildlife Service (USFWS) database (accessed 12 March 2017) lists six threatened, endangered, and
protected species for Johnston County, North Carolina: red -cockaded woodpecker (Picoides borealis),
dwarf wedgemussel (Alasmidonta heterodon), Tar River spinymussel (Parvaspina steinstansana), Yellow
lance (Elliptio lanceolate), and Michaux's sumac (Rhus michauxii). The Bald eagle (Haliaeetus
leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA), which prohibits
take of bald and golden eagles. No protected species or potential habitat for protected species was observed
during preliminary Site evaluations.
In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted
to determine whether previously cataloged occurrences of protected species are mapped within one mile
of the Site. Results from NHP indicated that there are no known occurrences of federally protected species
within a one -mile radius of the Site. Based on initial site investigations, no impacts to federally protected
species are anticipated as a result of the proposed mitigation work. A letter from USFWS was received on
July 12, 2018 to confirm these findings (Appendix B).
Table 2. Federally Protected Species in Johnston County
Common Name
Scientific name
Federal
Status
Habitat
Present
Record
Status
Vertebrate:
Red -cockaded woodpecker
Picoides borealis
E
No
Current
Bald eagle
Haliaeetus leucocephalus
BGPA
No
Current
Invertebrate:
Tar River spinymussel Eliptio steinstansana
E
No
Current
Dwarf wedgemussel Alasmidonta heterodon)
E
No
Current
Yellow Lance Elliptio lanceolate
T
No
Current
Vascular Plant:
Michaux's Sumac
Rhus Michauxii
E No Current
E = Endangered; BGPA = Bald and Golden Eagle Protection Act
2.6 Environmental and Cultural Constraints
Environmental and cultural resources include historic and archeological resources located in or near the
project parcel. RES has evaluated the Parcel's existing and future conditions of cultural resources to
determine potential project impacts. The evaluation focused primarily on the presence of hazardous
materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats,
Uzzle Parcel Development Package
Buffer Mitigation Site 5 January 2019

cultural resources, and the potential for hydrologic trespass. A review of North Carolina State Historic
Preservation Office (SHPO) GIS Web Service (accessed 26 June 2017) database did not reveal any listed
or potentially eligible historic or archeological resources on the proposed Site properties. There are no
anticipated impacts from project activities to state surveyed properties as there are none in the proposed
Parcel vicinity. A letter from SHPO was received on November 28, 2016 to confirm these findings
Appendix B.
2.7 Federal Emergency Management Agency (FEMA) Floodplain/Floodway Mapping
According to the North Carolina Floodplain Mapping Information System, all Parcel reaches are located
within the FEMA 100 -year floodway of Little Poplar Creek (Zone AE) (Figure 10). Grading activities
are proposed within the Little Poplar Creek floodway for the Uzzle Stream Mitigation Bank on the
restoration portion of the project for reach LPI. Therefore, it is anticipated that a No -rise or Conditional
Letter of Map Revision (CLOMR) will be required for the Stream Mitigation Bank. Hydrologic trespass
is a not a concern for this project. While designing the Uzzle Stream Mitigation Bank, appropriate
measures were taken to eliminate hydrologic trespass of the adjacent properties. The adjacent land use
will not be affected by the proposed design, and no detrimental impacts are expected beyond the easement
limits. The Parcel can be found on Flood Insurance Rate Map (FIRM) Panels 1676, 1677, 1686 (map
numbers 3720167600J, 3720167700J, 3720168600J), effective date December 2, 2005.
3 RIPARIAN ENHANCEMENT PLAN
3.1 Parcel Preparation
Preparation of the Parcel will involve spraying exotic invasive species, contoured ripping, seeding, and
planting. Livestock will be completely removed from Parcel, in perpetuity by way of conservation
easement and installation of fencing (Figure 4).
A combination of silt fencing, erosion control wattles, temporary seeding, and erosion control matting will
be used to reduce erosion and stabilize soil in riparian areas during any land disturbance activities. These
erosion control measures shall be inspected and properly maintained at the end of each working day to
ensure measures are functioning properly until permanent vegetation is established. Disturbed areas shall
be temporarily seeded within ten working days and upon completion of final grading, permanent
vegetation shall be established for all disturbed areas. After construction activities, the subsoil will be
scarified and any compaction will be deep tilled before the topsoil is placed back over the site. Any topsoil
that is removed during construction will be stockpiled and placed over the site during final soil preparation.
This process should provide favorable soil conditions for plant growth. Bare root plantings and live stakes
shall be planted according to the planting plan.
3.2 Riparian Enhancement Activities
Enhancement will also occur in areas of grazing adjacent to the stream in accordance with the Consolidated
Buffer Mitigation Rule 15A NCAC 02B .0295 (0)(6). Where livestock are present, RES will install cattle
exclusion fencing to exclude access to riparian areas and their associated streams (Figure 4). All fencing
will be installed to NRCS specifications.
Uzzle Parcel Development Package
Buffer Mitigation Site 6 January 2019

Riparian enhancement adjacent to streams is shown in Figures 4 and 6, and was approved by the DWR in
their Buffer Viability letter dated January 13, 2017 (Appendix B). All enhancement activities will begin
from the tops of the stream banks and extend outward a maximum of 200 feet perpendicular to the stream
channel where possible pursuant to 15A NCAC 02B .0295 (effective November 1, 2015). It is important
to note that areas along all reaches, between the 50-150 foot buffer width zone, within the project are being
used to generate additional stream credit for the Uzzle Stream Mitigation Bank. As shown on Figure 4,
Figure 5, and Figure 6, this area is solely being used for the generation of stream mitigation credits and
will not be used for the generation of any other credit type (i.e. The same square foot of buffer cannot be
used to generate wetland credit, nutrient offset credits or state buffer credits). Buffer crediting will be
generated from the 0-50 foot and 151-200 foot buffer width zones. Buffer enhancement can only generate
buffer mitigation credit and is not transferrable into nutrient offset credits.
The enhancement of plant communities within the Parcel will not only provide stabilization and improve
water quality within the easement limits, but also provide ecological benefits to the entire watershed.
Vegetation within riparian buffers can vary depending on disturbance regime and adjacent community
types, so the protected buffer easement will have planting with appropriate native species observed in the
surrounding forest and species known to occur in similar environments. Planting is planned for the Uzzle
Stream mitigation Bank on reach LPI (Figure 11). Additionally, supplemental planting of the understory
of the stream enhancement reaches will be planted concurrently (Figure 11).
All riparian enhancement activities will commence in concurrence with the stream mitigation activities
and not before. Therefore, the mitigation area where riparian enhancement is being performed may be
altered slightly depending on the approval of the Stream Mitigation Plan for the Stream Mitigation Bank.
Restoration activities based on the design approach will include meandering the proposed channel within
the natural valley, backfilling the existing stream channel, and reconnecting a new channel to its
floodplain. Diffused flow will be maintained throughout the mitigated riparian areas. The riparian
enhancement areas will be surveyed and information will be provided in the As -Built report.
All applicable federal, state, and local documentation, permits, and/or authorizations will be acquired as
part of implementing the above-mentioned mitigation plan and will be provided to DWR as part of the
As -Built Report.
3.3 Planting Plan
Although buffer enhancement is being perused, a portion of the riparian buffer will be planted where
stream restoration is occurring (LP1), and supplemental planting adjacent to enhancement reaches.
Revegataion of these areaa will meet the performance standards outlined in the Rule 15A NCAC 02B
.0295 and described in Section 4.1. Coastal Plain Small Stream Swamp will be the target community type
and will be used for all areas within the project. The community is defined by Schafale (2012). The initial
planting of bare root trees will occur following the completion of the stream restoration work. Tree species
specified for planting on the Uzzle Site are shown in Table 3.
Uzzle Parcel Development Package
Buffer Mitigation Site 7 January 2019

Table 3. Uzzle Site Tree Planting List
3.4 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing, or
other means as allowed by site conditions and/or conservation easement. Boundary signs will include
contact information. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced
on an as needed basis. The easement boundary will be checked annually as part of monitoring activities
and the conditions as well as any maintenance performed will be reported in the annual monitoring reports
TODIVAN
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording
Vegetation Level 1-2 Plot Sampling Only Version 4.0. Annual vegetation monitoring will occur each
year for a minimum of five (5) years and will be conducted during the fall season with the first year
occurring at least 5 months from initial planting. As part of the stream mitigation plan 3.6 acres will be
planted and four monitoring plots will be installed a minimum of 100 m2 in size. These plots will cover
at least two percent of the planted mitigation area for the Stream Mitigation Bank, one of these plots will
be randomly placed throughout the planted riparian buffer. There will be one (1) plot within the riparian
buffer that is measuring success of both the stream mitigation and the buffer riparian area. Data for the
one plot located in the buffer crediting area, will be provided in the Monitoring reports, as a courtesy to
the DWR. The following data will be recorded for all trees in the plots: species, height, planting date (or
volunteer), and grid location. All stems in plots will be flagged with flagging tape. Photos will be taken
from all photo points each monitoring year and provided in the annual reports. Visual inspections and
photos will be taken to ensure that enhancement areas are being maintained and compliant. The measures
of vegetative success for the parcel will be based on the Uzzle Stream Mitigation Plan (Action ID #SAW-
Uzzle Parcel Development Package
Buffer Mitigation Site 8 January 2019
Tree Species- Floodplain and Wetland
Common Name
Scientific Name
Wetland Indicator*
Growth Rate
Swamp tupelo
Nyssa biflora
OBL
moderate
Bald cypress
Taxodium distichum
OBL
rapid
Overcup oak
Quercus lyrata
OBL
moderate
River birch
Betula nigra
FACW
rapid
Willow oak
Quercus phellos
FACW
rapid
Swamp chestnut oak
Quercus michauxii
FACW
moderate
American sycamore
Platanus occidentalis
FACW
rapid
Live Staking and Live Cuttings Bundle Tree Species
Common Name
Scientific Name
Wetland Indicator*
Black willow
Salix nigra
OBL
rapid
Silky Dogwood
Cornus sericea
FACW
rapid
Cottonwood
Populus deltoides
FAC
rapid
3.4 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing, or
other means as allowed by site conditions and/or conservation easement. Boundary signs will include
contact information. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced
on an as needed basis. The easement boundary will be checked annually as part of monitoring activities
and the conditions as well as any maintenance performed will be reported in the annual monitoring reports
TODIVAN
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording
Vegetation Level 1-2 Plot Sampling Only Version 4.0. Annual vegetation monitoring will occur each
year for a minimum of five (5) years and will be conducted during the fall season with the first year
occurring at least 5 months from initial planting. As part of the stream mitigation plan 3.6 acres will be
planted and four monitoring plots will be installed a minimum of 100 m2 in size. These plots will cover
at least two percent of the planted mitigation area for the Stream Mitigation Bank, one of these plots will
be randomly placed throughout the planted riparian buffer. There will be one (1) plot within the riparian
buffer that is measuring success of both the stream mitigation and the buffer riparian area. Data for the
one plot located in the buffer crediting area, will be provided in the Monitoring reports, as a courtesy to
the DWR. The following data will be recorded for all trees in the plots: species, height, planting date (or
volunteer), and grid location. All stems in plots will be flagged with flagging tape. Photos will be taken
from all photo points each monitoring year and provided in the annual reports. Visual inspections and
photos will be taken to ensure that enhancement areas are being maintained and compliant. The measures
of vegetative success for the parcel will be based on the Uzzle Stream Mitigation Plan (Action ID #SAW-
Uzzle Parcel Development Package
Buffer Mitigation Site 8 January 2019

2016-01973). Invasive and noxious species will be monitored and controlled so that none become
dominant or alter the desired community structure of the site.
A visual assessment of the cattle exclusion areas within the conservation easement will also be performed
each year with all observations provided in the annual monitoring reports, 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
• there has not been any cutting, clearing, filling, grading, or similar activities that would
negatively affect the functioning of the buffer.
RES must monitor the stream mitigation bank for a minimum of seven years, or until IRT approval.
Therefore, all plots will be monitored in accordance with the monitoring protocol in the Uzzle Stream
Mitigation Plan.
4.2 Adaptive Management Plan and Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions taken if in the event that the site, or
a specific component of the site, fails to achieve the defined success criteria. Remedial actions will be
designed to achieve the success criteria specified in this BPDP, and will include identification of the causes
of failure, remedial design approach, work schedule, and monitoring criteria that will take into account
physical and climatic conditions.
Initial plant maintenance may include a one-time mowing, prior to initial planting to remove undesirable
species. If mowing is deemed necessary by RES during the monitoring period, RES must receive approval
by the DWR prior to any mowing activities to ensure that no buffer violations have been performed.
Failure to receive approval to mow within the Neuse River buffer, as defined in 15A NCAC 02B .0233,
by the DWR could result in Neuse buffer violations and violations of the conservation easement. If
necessary, RES will develop a species-specific control plan.
4.3 Long Term Management Plan
EBX—Neuse I, LLC (EBX), acting as the Bank Sponsor, will record a Conservation Easement with the
Johnston County Register of Deeds Office for this site. The Conservation Easement will be assigned to
the North Carolina Wildlife Habitat Foundation (NCWHF). All monitoring activities, including periodic
inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the
responsibility of EBX-Neuse I, LLC until the Bank Parcel is transferred to the NCWHF. Endowment funds
required to uphold the Uzzle Bank Parcel conservation easement in perpetuity shall be negotiated prior to
site transfer to the NCWHF.
The Bank Sponsor will ensure that the Conservation Easement has allowed for the implementation of an
initial monitoring phase, which will be developed during the design phase and conducted by the Bank
Sponsor. The Conservation Easement will allow for yearly monitoring and, if necessary, maintenance of
the Site during the initial monitoring phase. These activities will be conducted in accordance with the
Uzzle Parcel Development Package
Buffer Mitigation Site 9 January 2019

terms and conditions of the RES Poplar Creek Umbrella Mitigation Banking Instrument made and entered
into by EBX-Neuse I, LLC and DWR.
Uzzle Parcel Development Package
Buffer Mitigation Site 10 January 2019

5 FINANCIAL ASSURANCE
The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one -
hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any
remedial work required. Financial assurances will be payable at the direction of the DWR to its designee
or to a standby trust. Financial assurances structured to provide funds to the DWR in the event of default
by the Bank Sponsor are not acceptable. The initial performance bond will be in the amount of at least
$150,000 and shall be able to cover 100% of the costs associated with construction of the riparian
restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to
cover 100% of the costs associated with the monitoring and maintenance of the riparian restoration areas
for five years.
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.
Uzzle Parcel Development Package
Buffer Mitigation Site 11 January 2019

6 MITIGATION POTENTIAL
The Uzzle Mitigation Bank presents 27.3 acres of permanent conservation easement in Johnston County,
North Carolina. While this easement also encompasses areas for the Uzzle Stream Mitigation Bank, the
purpose of the Uzzle Buffer Bank is to generate Neuse riparian buffer mitigation credits. Once finalized
a conservation easement and final recorded plat will be provided in Appendix C.
The width of the buffer credit generation area will begin at the most landward limit of the top of bank or
the rooted herbaceous vegetation and extend landward to a distance of 50 feet and again form 151-200
feet. There will be no overlap of credit generation between stream crediting areas (51-150 feet) and riparian
buffer crediting areas.
This Bank has the potential to generate approximately 6.30 acres (274,395 ft2) of buffer enhancement
credits. The riparian buffer mitigation credits generated will service Neuse buffer impacts within the
USGS 8 -digit HUC 03020201 of the Neuse River Basin, excluding the Fall Lake Watershed. The Sponsor
will maintain one credit ledger. The One ledger will account for buffer Enhancement credits. All mitigation
credit assets shall be shown on this credit ledger. The total potential mitigation credits that the Uzzle Bank
will generate are summarized in Table 4; Figure 4
Table 4. Uzzle Bank Parcel Credit Summary
Riparian Buffer Credit
Credit
Riparian
Credit
Existing
Used
%Full
Mitigation Type
Per Acre
Ratio
Mitigation Assets
Zone
Type
Acreage
Acreage
Credit
(ft2)
Riparian
0-50'
Enhancement
12.08
12.08
43,560
2:1
100%
263,006 ft2 (6.04 ac)
Buffer
Riparian
151-200'
Enhancement
1.58
1.58
43,560
2:1
33%
11,389 ft2 (0.26 ac)
Buffer
274,395 ft= (6.30 ac)
Total Enhancements
13.66
includes ratios & reductions
Uzzle Parcel Development Package
Buffer Mitigation Site 12 January 2019

7 CREDIT RELEASE SCHEDULE FOR UZZLE
Table 5 - Credit Release Schedule for Riparian Buffer Credits
Task
Project Milestone
% Credit Available
for Sale
1
Instrument and BPDP Approved by DWR, Conservation Easement Recorded
and Financial Assurance Posted
20
2
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices
Completed
20
3
Monitoring Financial Assurance Posted and Approval of As -Built Report
10
4
Monitoring Report #1: Approved by the DWR** & financial assurance renewed
10
5
Monitoring Report #1: Approved by the DWR** & financial assurance renewed
10
6
Monitoring Report #1: Approved by the DWR** & financial assurance renewed
10
7
Item B (1) of Section X in this Instrument has been completed and approved by
DWR.
5
No remaining credits will be released until the conservation easement has been
assigned to an approved land trust or stewardship
8
Monitoring Report #1: Approved by the DWR** & financial assurance renewed
5
9
Monitoring Report #5: Approved by the DWR** and final site visit by DWR
has been conducted
10
Total
100%
** DWR Approval provided upon a determination that the site is meeting success criteria contained within this BPDP
Uzzle Parcel Development Package
Buffer Mitigation Site 13 January 2019

8 REFERENCES
Environmental Laboratory. (1987). "Corps of Engineers Wetlands Delineation Manual," Technical
Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS
North Carolina Department of Environment and Natural Resources (NCDENR). 2009. "Neuse River
Basinwide Water Quality Plan." Division of Water Quality. http://
http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013).
NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4.1." N.C. Wetland Functional
Assessment Team.
NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
United States Department of Agriculture (USDA), Natural Resources Conservation Service (MRCS),
1994. Soil Survey of Johnston County, North Carolina.
Schafale, M.P. and A.S. Weakley. 2012. Classification of the Natural Communities of North Carolina,
Fourth Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation,
NCDENR, Raleigh, NC.
U.S. Army Corps of Engineers (USACE). 2010. Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Atlantic and Gulf Coastal Plain Region (Version 2.0), ed. J. S. Wakeley, R. W.
Lichvar, and C. V. Noble. ERDC/EL TR -10-20. Vicksburg, MS: U.S. Army Engineer Research and
Development Center.
Uzzle Parcel Development Package
Buffer Mitigation Site 14 January 2019

Appendix A— Supporting Figures
Figure 1. Service Area Map
Figure 2. Vicinity Map
Figure 3. Existing Conditions Map
Figure 4. Conceptual Design Plan for Riparian Buffer Bank
Figure 5. Conceptual Design Plan for Stream Mitigation
Figure 6. Buffer Zones
Figure 7. USGS Map
Figure 8. Soils Map
Figure 9. National Wetlands Inventory Map
Figure 10. FEMA Map
Figure 11. Monitoring Plan Map

IHillsborough
I- � *)�Tll'
�i
Fu
"reedrnoor 0
00
Costs
I3jngton Eluies Creek
271
Irwin
WalkertownN.,
::I�i, 13
L2�
UV
pring Lake si
Bragg i421
Louisburg
Hahwa-Sz�—i
ScIts.
IT)
7811
,4 -�
Red Oak
41
Red Oak
y Mount
Uzzle Mitigation Site
Olive
- C- .
Grange I
attev le
ton saw
Legend
Buffer Service Area- HUC 03020201 excluding Falls Lake Watershed
N
Date: 10/5/2018
Figure 1 - Service Area Map
W —A—
Drawn by: MDE
s Uzzle Mitigation Site res
o Checked by: RMW
0 5 10
5dgow
Johnston County, North Carolina
1 inch = 10 miles
Miles

NeuseGolf Zk.
Club
Uzzle Mitigation Site
Latitude: 35.585186
Longitude: -78.393553
70
�epn
ills
Johnston
CountyA; rpo rtj
Le -gen
Proposed Easement
TLW 03020201100040
4"plar C"'
N
Date: 9/27/2018
Figure 2 - Vicinity Map
W—A— E
--- 7f— Drawn by: MDE
s Uzzle Mitigation Site res
o Checked by: RMW
0 0.5 1
Johnston County, North Carolina
1 inch = 1 miles
Miles

depend
Proposed Easement
Existing Wetland
Streams
Lf --U Gasline Easement
Ok
A
"N- W-OAWO
ION.
Date: 10/31/2018
Figure 3 - Existing Conditions Map
--- 7t�—E
Drawn by: MDE
S Uzzle Mitigation Site res
o Checked by: RMW
0 250 500
Johnston County, North Carolina 1 inch = 500 feet
Feet

w-k;;;2•'� .f 1 _ �„���- Qn Cllr FA b
lk
�• t�i:rKJpr„� J 61W—
-
t R
¢:z- Areas from 51-150 feet from the top of
bank were not persued for buffer credit,
but for stream credit for wider buffers
Y
14. .�, � +t�,.• f 11R�
1P
PIC
(:;'� z a� c � `•'' � r' ti � iNc sir � ti ,
or
w
r �
,4
r _ -
Y,
Le end
Proposed Easement
- Proposed Stream Channel Riparian Buffer Credit
Riparian Credit Existing Used % Full
Buffer Mitigation Zone Type Mitigation Type Acreage Acreage Credit Per Acre (ft2 ) Ratio Credit Mitigation Assets
Buffer Enhancement (0-50')
Riparian
0-50' Enhancement 12.08 12.08 43,560 2:1 100% 263,006 ft2 (6.04 ac)
® Buffer Enhancement (151-200') Buffer
151-200' Riparian Enhancement 1.58 1.58 43,560 2:1 33% 11,389 ft2 (0.26 ac)
�X Proposed Fence Buffer z
p 274,395 ft (6.30 ac)
Total Enhancements 13.66
includes ratios & reductions
N Figure 4 - Conceptual Design Plan for Date: 11/2/2018
_ Riparian Buffer Bank
res
Drawn by: MDE
s Uzzle Mitigation Site Checked by: RMW
0 250 500
Feet
Johnston County, North Carolina 1 inch = 500 feet

Legend
Proposed Easement
NSBW Credit Area (51-150 ft)
X ---X Proposed Fence
Stream Mitigation
Restoration
Enhancement II
N
W E
s
0 250 500
Figure 5 - Conceptual Design for
Stream Mitigation
Uzzle Mitigation Site
Johnston County, North Carolina
It
Date: 11/2/2018
Drawn by: MDE res
Checked by: RMW
1 inch = 500 feet

DWR Riparian Buffer
Crediting Areas
Non -Standard Buffer
Width Credit Areas
ores
N
W E
S
0 200 400
Feet
Figure 6 - Buffer Zones
Uzzle
Mitigation Site
Johnston County,
North Carolina
Date: 11/2/2018 1 Drawn by: MDE
Checked by: RMW 1 1 in= 400 feet
Legend
Proposed
Easement
Proposed
Stream Channel
®Ineligible
Credit
Areas
_NSBW
Credit
Area (51-150 ft)
BPDP Buffer
Enhancement
(0-50')
3PDP Buffer
Enhancement
j
(101-200')
�^*■�■■ ■ fit•
rr►

•I � •Odvis �®— � a ��- �_
190 J
`/
1�
N.
�k
1901 ' ` \� - • • r
•,� 3 O�Vi<18tSil � �•� �' ,'� �' i
4 „
d 190
tebp
150 s
M 25$ �
Gravel
O\ ( 163 '_ --- m `S IU —a
WT
em
ra
Legend s4 \ Q
a � /
Proposed Easement `• `
x2x
Drainage Area - 2.05 sqmi
N Figure 7 - USGS Map Date: 10/31/2018
w E (Powhatan 1980)
Drawn by: MDE res
s Uzzle Mitigation Site Checked by: RMW
0 1,000 2,000
�
1 inch - 2,000 feet
Feet
Johnston County, North Carolina

Legend
Proposed Easement
Hydric (100%)
Predominantly Hydric (66-99%)
Partially Hydric (33-65%)
Predominantly Nonhydric (1-32%)
C Nonhydric (0%)
N
.&QWW E
s
0 300 600
N
21
Sybmol Name
AmB Appling-Marlboro complex, 1-6% slopes vii fC
CeC Cecil loam, 6-10% slopes
Ly Lynchburg sandy loam, 0-2% slopes
PaD Pacelot loam,. 10-15% Slopes
Ra Rains sandy loam, 0-2% slopes
Wt Wehadkee loam, 0-2% slopes, frequently flooded
Figure 8 -Soils Map Date: 10/2/2018
0
Uzzle Mitigation Site Drawn by: MDE res
Checked by: RMW
Johnston County, North Carolina 1 inch =600 feet

It
IN
r
do 0
PFO1A
Legend
Proposed Easement
® NWI Wetlands
N
W E
s
0 300 600
_ x
Z s ,�
U"OiA
Figure 9 - National Wetland
Inventory Map
Uzzle Mitigation Site
Johnston County, North Carolina
t
Date: 10/31/2018
Drawn by: MDE res
Checked by: RMW
1 inch = 600 feet 0

' A
-
+ _
- 0167700K + ��
..r
+. "Laal77
x
poll
Ab A
ON
IL
AV
V4 41
v-
T � ► 'C: � ►�{ ,'� 'i;!.c.cai'�S I �/%!�� S , ','F� —=1� ,, u L ..oHaz�
A 4r
• r
!�t r� 4 1 'I " it tib' �; ,. r "'//i/s/ % ✓iii////r�/f
'�t• ,� � .'`,�, " ..�, r: Vit, t,r�;. r •%��c�"-.;;� i
:� •• " ' _ : � . -., .rte � �` ''/���,-,..�s�i��
Legend ....�4
Proposed Easement
E FEMA Zone AE
j/0 FEMA Regulatory Floodway
.2% Chance Annual Flood V.
N Figure 10 - FEMA Map Date: 10/31/2018
x w E Drawn by: MDE
Uzzle Mitigation Site
S
0 300 600 Checked by: RMW
Johnston County, North Carolina 1 inch =600 feet
e Feet
fires

Legend
Proposed E,
® Crest Gaug(
0 Flow Gauge
42 Wetland Ga
Proposed C
N
Figure 11 - Monitoring Plan Map
w E
s Uzzle Mitigation Site
0 200 400
Johnston County, North Carolina
Date: 10/31/2018
Drawn by: MDE res
Checked by: RMW
1 inch = 400 feet 0

Appendix B — Correspondence

Water Resources
ENVIRONMENTAL QUALITY
January 13, 2017
Cara Conder
Resource Environmental Solutions, LLC
302 Jefferson St., Suite 110
Raleigh, NC 27605
(via electronic mail)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Uzzle Site
150 Meta Drive, Clayton NC
Johnston County
Dear Ms. Conder,
ROY COOPER
col, <„
WILLIAM G. ROSS. JR.
S. JAY ZIMMERMAN
On December 28, 2016, Katie Merritt, with the Division of Water Resources (DWR), received a
request from Resource Environmental Solutions, LLC (RES), for a site visit near the above -
referenced site in the 8 -digit Hydrologic Unit Code 03020201 of the Neuse River Basin to determine
the potential for riparian buffer mitigation and nutrient offset. On January 13, 2017, Ms. Merritt
performed a site assessment of the subject site, which is more accurately shown in the attached aerial
initialed by Ms. Merritt on January 13, 2017.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB)
out to 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective
November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
1Subiect
Riparian Land uses
0-200'
Buffer
Credit
2Nutrient Offset
Mitigation Type
to Buffer
Viable at 2,273
Determination w/in
Rule
lbs acre
riparian areas
Viable
UT1
Stream
No
Closed canopy of native hardwoods and
Yes
No
Enhancement site per
pines actively grazed by cattle
15A NCAC 026 .0295
(areas within pipeline easement not viable
(o)(6)
for mitigation credit)
UT2
Stream
Yes
Closed canopy of native hardwoods and
Yes
No
Enhancement site per
pines actively grazed by cattle
15A NCAC 02B.0295
(areas within pipeline easement not viable
(o)(6)
for mitigation credit)
Little
Stream
Yes
Closed canopy of native hardwoods and
Yes
No
Enhancement site per
Poplar
pines actively grazed by cattle
15A NCAC 02B .0295
Creek
(areas within pipeline easement not viable
(o)(6)
for mitigation credit)
'Subjectivity calls for the streams were determined by DWR on January 13, 2017 using the 1:24,000 scale quadrangle
topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS.
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Uzzle Site (RES)
January 13, 2017
A map showing the project site and the features was provided by RES and was initialed by Ms.
Merritt on January 13, 2017. This letter should be provided in all future stream, wetland or buffer
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters.
Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure
shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or
surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset according to 15A NCAC 02B .0240.
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
Sincerely,
1
Karen Higgins, Super,
401 and Buffer Permitting Branch
KAH/km
Attachments: Site Aerial prepared by RES
cc: File Copy (Katie Merritt)
212

Figure 2.
Current Conditions Map
Uzzle Mitigation Site
0 350 700 res
Feet
1 in. = 700 ft. 0

Wa ter R esources
ENVIRONMENTAL QUALITY
January 27, 2017
George C. Uzzle III and Linda Uzzle
PO Box 101
Wilson Mills, NC 27593
Subject: Surface Water Determination Letter
ROY COOPER
MICHAEL S. REGAN
.St" WrW l
S. JAY ZIMMERMAN
141 ' rw
DWR# 2016-1270
Johnston County
Determination Type:
Buffer Subjectivity Call
Stream Determination
® Neuse (15A NCAC 2B .0233)
Start@
❑ Tar -Pamlico (15A NCAC 213 .0259)
® Ephemeral/Intermittent/Perennial Determination
USGS
ElIsolated Wetland Determination
El Jordan 05A NCAC 2B.0267)
Subject
Project Name: Uzzle Miti ation Site
Location/Directions: 105 Meta Drive, Clayton, NC
Subject Stream Little Poplar Creek
Determination Date: 1-13- 2017 Staff: Mac Haupt
Feature
E/I/P*
Not
Subject
Start@
Stop@
Soil
USGS
or
Subject
Survey
Topo
Ditch
Little Poplar
P
X
Northern property
throughout
X
X
Creek-
boundary -US 70
Mainstem
Upper
I
X
pipeline easement
Little Poplar
Tributary
-western property
Creek
bounda
Lower
I
X
35 34 58.1833 N,
Little Poplar
X
Tributary
78 23 32.1005 W
Creek
'Ealt• =bpnemeraillntermtttentIFerennial
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Uzzle Mitigation Site
January 27, 2017
Page 2 of 2
Explanation: Staff with Division of Water Resources (DWR), visited the subject site on
January 13, 2017, at the request of Cara Conder with EBX-Neuse I, LLC. Features listed
on the Soil Survey of Johnston County, North Carolina and/or the most recent copy of the
USGS Topographic map at a 1:24,000 scale, are checked as "Subject" to the Neuse
Buffer Protection Rule. Features that are checked "Subject" have been located on the
property and possess characteristics that qualify it to be a stream. There may be other
streams located on your property that do not show up on the maps referenced above but,
still may be considered jurisdictional according to the US Army Corps of Engineers
and/or to the Division of Water Resources (DWR).
This on-site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWR or
Delegated Local Authority may request a determination by the Director. An appeal request
must be made within sixty (60) days of date of this letter or from the date the affected party
(including downstream and/or adjacent owners) is notified of this letter. A request for a
determination by the Director shall be referred to the Director in writing c/o Karen
Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC
27699.
This determination is final and binding unless, as detailed above, you ask for a hearing or
appeal within sixty (60) days.
The owner/future owners should notify the Division of Water Resources (including any
other Local, State, and Federal Agencies) of this decision concerning any future
correspondences regarding the subject property (stated above). This project may require a
Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the
Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of
Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Mae Haupt
at [phone].
Sincerely,
k",-Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAI IIMH
Attachments: Initialed Soil Survey and Aerial Map
cc: Danny Smith, Raleigh Regional Office DWR File Copy
Cara Conder, (RES), EBX-Neuse I, LLC (via electronic mail)

fT� T'
NoA
Tn
AMS
Am
G
Ra
Am IB
09RA
t
m t
A
AFMH _
Legend
Proposed Easement
Basemap Source: Esri World Imagery
Figure 3.
1 �(� NRGS Map
Uzzle Mitigation Site
17 0 350 700 res
1 in. = 700 ft.
Feet

Figure 2.
Current Conditions Map
Uale Mitigation Site I .'res
0 350 700
Feet
1 in. = 700 ft.

e�r� r,
' -�
t r� �_ � • �'•• Vim.
LJ•.� \ �� 4,
1 i • l�,�
it •j•.��a A Ls •�' ��, .s , 4wt t �� - \ � � r '
• 1.�-_��. 4 r F ,� 1 'r 'Nt
pk
� 16 !
Al
Cin � � � f ., �T -- � � _' •� �•+ / --• -� ��
14
ry/ • �f �� ! 11 .. z rd J ,4.if � • T o !='M}� � ,
- f
� ,, fir; • -, � `� 4-'+ � ��
Legend
Uzzle Site Drainage Area (1,354 Ac.) �. /�ytn
Proposed Uzzle Site Easement 26 Ac. ^. f
Q P )
Sourct: Wilsons Mills Quadrangle
�_w�...V�:�.•afw Jt i��
Figure 1.
USGS Map
�rti�s[�r ��✓I
�rlw�Uzzle Mitigation Site
0 11000 2,000 4,000 res:,
rte'

Water Resources
ENVIRONMENTAL QUALITY
DATE STAMP HERE
a @ LS tJ V C� PAT MCCRORY
[ D Governor
DEC 2 2 2016
DONALD R. VAN DER VAART
-WATT= IJESOURC S Secretary
R FF RPERMI IN S. JAY ZIMMERMAN
Director
DWR Use Only: Project # .01(0—
Stream
0(0—
Stream Origin/Buffer Applicability Determination
for Potential Mitigation Sites
3. MITIGATION PROVIDER OR CONSULTANT
Required Information
1. LAND OWNER INFORMATION
3b. Mailing address
1a. Name(s) on Recorded Deed
George C. Uzzle III and Linda Uzzle
1b. Mailing Address
PO Box 101, Wilson Mills, NC 27593
1c. Telephone Number
nla
1d. Email Address: nIa
2. Has DWR visited the site before? Y I N NO
Staff Name:
Date Visited:
3. MITIGATION PROVIDER OR CONSULTANT
3a. Individual Name
Cara Conder Company: EBX-Neuse I, LLC
3b. Mailing address
302 Jefferson Street, Suite 110, Raleigh, NC 27605
3c. Telephone no.
919-209-1052
3d. Email address: [e-mail]
3e. Do you have permission to be on this property? Y 1 N YES
4. PROJECT & SITE INFORMATION
4a. Name of project
Uzzle Mitigation Site
4b. County: Johnston
4c. Nearest Named Stream
Little Poplar Creek
4d. River Basin: Neuse
4e. Do you have permission to be on this property? Y 1 N YES
5f. Physical property address/nearest intersection: Longitude: -78.393553
150 Meta Drive, Clayton, NC Latitude: 35.585186
Is this stream calif rthe purpos of: B�1F�/EyR MITIGATION x and/or NUTRIENT OFFSET—
BMx
fl..
Please attach a map of the site indic ting project boundaries on the USGS 1:24,000 Topo and NRCS Soil Survey.
Please include a site aerial labeling all of the features needing a determination
Please return form to: Katie Merritt
1617 Mail Service Center
Raleigh, NC 27699-1617
Email: [e-mail]
Please contact the Central Office at [phone] if you have any questions.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

'United States Department of the Interior
FISH AND WILDLIFE SERVICE,
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
.July 121.2018
Bob White
Resource Environmental Solutions, LC
302 Jefferson Street, Suite 110
Raleigh, NC 2760
Re: Uzzle Stream Mitigation — Johnston County, NC
Dear Mr. White:
This letter is to inform you that the Service has established an on-li.n% project planning and
consultation process which assists developers and consultants in determining whether a
federally -listed species or designated critical. habitat may be affected by a proposed project. For
fiture projects; please visit the Raleigh -Field Offic;e`s project planning ,��ebsite at
haps:%!iti v;:f�Ns: ori/rzcl�i hita .l_t�n . If you are only searching fora list of species that may be
present in the project's Action Area., then yoit may use the Service's Information, Platuaing, and
Consultation System (IPaC) website to detennine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at ht_ tps://ecos.fws.Lov/i ac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal .species of concern' that
are known to occur in each county in North Carolina, and other resources.
,a. t . t , .... • _ i tet,: ; :+ a k r
JeCla()Tl 7 (31 the Act ieCjl iris that iii' 1GLi rC!.i agt ii:rii or tlicir &isi i.C"cd nkon rk.
cdcrw
representative), in consultation with the Service, insure that any action federally authorized.,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and. in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species 'list, information on the
Species' life histories anal habitats and information on completing a biological assessment or
t .The term "federal species of concern." refers to those speer-? which the Service believes rnight be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the spacies will cventaallybe pmposed for listing as a federally endangeivil or threatener;
species. However, we recommend that all practicable ineasur(:s be takers To avoid or minirnize adverse irnf:acts to
federal species ofconcern.

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

We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact Emily Wells of this office
at [phone] ext. 25.
Sincerely,
�( Pete n'amin
Field Supervisor

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory Office of Archives and History
Secretary Susan Maltz Deputy Secretary Kevin Cherry
November 28, 2016
John Thomas
Raleigh Regulatory Field Office
3331 Heritage Trade Street, Suite 105
Wake Forest, NC 27587
Re: Add Uzzle Mitigation Site to the New -Con Umbrella Mitigation Bank, SAW 2016-01973,
Johnston County, ER 16-2082
Dear Mr. Thomas:
We have received a public notice concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.reviewkncdcr.eov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona M. Bartos v
Location -109 East Jones Street, Raleigh NC 2760 I Mailing Address: 4617 Mail Service Center, Raleigh NC 27699A617 Telephone/Rax:[phone]/807-6599

Appendix C — Conservation Easement and Plat

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

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

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

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

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

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

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

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

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

Appendix D — Existing Conditions Photos

Annendix D. Existing Conditions Photos (4/10/2018)
Top of project on Reach LP 1.
Looking downstream along Reach LPI.
04/10/2018
04/10/2018
Looking downstream at overflow channel on LPI
Looking downstream along Reach LP2.
left bank.
04/10/2018
04/10/2018
`a
— a-,
Looking upstream towards pipeline easement
Looking downstream along Reach LP4.
along Reach LP3.
04/10/2018
04/10/2018