20170110 Ver 2_As-Built Document_20180309

Action History (UTC -05:00) Eastern Time (US & Canada)
Submit by Anonymous User 3/9/2018 9:22:36 AM (Message Start Event)
Approve by Montalvo, Sheri A 3/9/2018 9:23:33 AM (Initial Review- Sheri Montalvo)
• The task was assigned to Montalvo, Sheri A 3/9/2018 9:22 AM

D# * 20170110
Version* 2
Select Reviewer:* Katie Merritt
Mitigation Project Submittal - 3/9/2018
Type of Mitigation Project:*
F Stream r Wetlands fJ Buffer rJ Nutrient Offset
(Select all that apply)
Is this a Prospectus, Technical Proposal or a G Yes a No
New Site? *
Project Contact Information
Contact Name:* Katie Merritt
Email Address:* [e-mail]
Project Information
Existing (DWR) ID#:*
20170110
(numbers only... no dash)
Existing Version:*
2
(nurrbers only)
Project Name:*
Weaver Farm
County:*
Wayne
Document Information
Mitigation Document Type:*
Mitigation As -Built Plans
File Upload: Weaver Farm As -Built Document.pdf 44.72MB
Rease upload only one RDF of the conplete file that needs to be subrritted...
Signature
Print Name:* Raymond Holz
Signature:

As-Built & Baseline Monitoring Report

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel
DWR Project #: 2017-0110v2

Neuse River Basin

In Agreement with:
The Weaver Farm Mitigation Banking Instrument for
Riparian Buffer and Nutrient Offset Mitigation Credits Pursuant to the
Neuse Nutrient Management Strategy

March 2018

Prepared By:

Restoration Systems, LLC
1101 Haynes St. Suite 211
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel pg. i
As-Built & Baseline Monitoring Report – March 2018
Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel
DWR Project #: 2017-0110v2
As-Built & Baseline Monitoring Report

Table of Contents
1.0 Introduction ..................................................................................................................................... 1
2.0 Parcel Location ................................................................................................................................. 1
2.1 Parcel Background .................................................................................................................... 1
2.2 Parcel Objectives ...................................................................................................................... 2
3.0 Restoration Activities ....................................................................................................................... 2
3.1 Exclusion of livestock: .............................................................................................................. 3
3.2 Removal of impervious surfaces and poultry operation facilities: .......................................... 3
3.3 Re-establishment of diffused flows .......................................................................................... 3
3.4 Riparian Area Restoration Activities ........................................................................................ 4
3.5 Parcel Protection ...................................................................................................................... 5
4.0 Mitigation Potential ......................................................................................................................... 5
5.0 Monitoring Protocol & Success Criteria ........................................................................................... 6
5.1 Monitoring Protocol ................................................................................................................. 6
5.2 Parcel Maintenance ................................................................................................................. 6
5.3 Long Term Management Plan.................................................................................................. 6
6.0 Financial Assurance .......................................................................................................................... 6
7.0 References ....................................................................................................................................... 7

Appendix A: General Figures and Tables
Figure 1 - Parcel Location / Service Area
Figure 2 - Preconstruction Conditions
Figure 3 - Component and Asset
As-built Survey – Sheets 1-5
Table 1 - Project Components and Mitigation Credits
Table 2 - Project Activity and Reporting History
Table 3 - Project Contact
Table 4 - Project Baseline Information and Attributes
As-built Photos

Appendix B: Baseline Vegetation Data, CVS Output Tables
Table 5 - Baseline Vegetation
Vegetation Plot Photos 1 – 22

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)

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Page 1
As-Built & Baseline Monitoring Report – March 2018
1.0 Introduction
Restoration Systems (Sponsor) is pleased to provide the North Carolina Division of Water Resources (NC
DWR) this As-Built & Baseline Monitoring Report for the Weaver Farm Bank Parcel (Parcel). As agreed
upon in the Weaver Farm Mitigation Banking Instrument, made and entered into on July 7th, 2017 by
Restoration Systems, LLC, acting as Bank Sponsor (Sponsor), and the North Carolina Department of
Environmental Quality (NCDEQ), Division of Water Resources (DWR). This document details the riparian
area restoration activities, monitoring efforts, and the final mitigation potential of the Parcel.

Measuring 22.36 acres, the Parcel is designed to provide mitigation credits for unavoidable impacts due
to development within the Neuse River Basin. Neuse River Riparian Buffer mitigation credits provided by
this Parcel are available in the Neuse River Basin, according to 15A NCAC 02B .0295 (Consolidated Buffer
Mitigation Rule – CMB rule) (effective date– October 24th, 2014) (Appendix F). Mitigation credits for
Nutrient Offset are made available within the Neuse River Basin USGS 8-digit HUC 03020201 excluding
the Falls Lake Drainage Basin. Supporting figures, tables, and photos are located in Appendix A.

NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel
applicability and suitability on February 21, 2017. A second visit was conducted with Chris Pullinger and
Anthony Scarbraugh on March 2, 2017 (Appendix C).

Restoration Systems (RS) purchased the Parcel in fee simple and transferred a conservation easement to
the North Carolina Wildlife Habitat Foundation. The conservation easement was recorded at the Wayne
County Register of Deeds on June 27th, 2017; Book No. 3309, Page No. 279-290 (Appendix D).

Restoration construction activities began in July of 2017 and were concluded in December of the same
year. The Parcel was revegetated with native hardwoods on December 12th, 2017. On December 14th –
16, 2017, Axiom Environmental installed Twenty-two (22) Carolina Vegetation Survey (CVS) monitoring
plots and collected as-built data (Appendix B). Katie Merritt of DWR performed a restoration verification
site visit on February 1st, 2018.

2.0 Parcel Location
The Parcel is located approximately 2.1 miles north east of Grantham in Wayne County, NC. (Figure 1,
Appendix A). The Parcel is located within the Neuse River Basin in the 14-digit United States Geological
Survey (USGS) Cataloging Unit 03020201170010 of the South Atlantic/Gulf Region (North Carolina
Division of Water Quality [NCDWQ] Sub-basin Number 03-04-12) (Figure 1, Appendix A).
Latitude: 35°18'16.01"N, Longitude: 78° 7'44.27"W
Directions to Parcel:
- Take I-40 East out of Raleigh,
- Take Exit 341 for NC-50/NC-55 toward US-13/Newton Grove,
- At the traffic circle (1.3 miles), take the 4th exit onto US-13 N,
- 9.4 Miles Turn Left onto Weaver Rd.,
- 0.7 Miles Turn Right at Angie Drive,
- Parcel is located on the left.

2.1 Parcel Background
The Parcel encompasses 22.36 acres of historical agricultural land and includes three surface water
conveyances with direct hydrologic connection to an unnamed tributary which connects offsite to Falling
Creek near its confluence with Thoroughfare Creek. Currently, the Parcel is primarily active cattle pasture
with portions associated with a poultry operation (Figure 2 – Appendix A).

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Page 2
As-Built & Baseline Monitoring Report – March 2018
Cattle historically had unobstructed access to a majority of the Parcel’s stream and agricultural ditches.
Nearly all portions of the Parcels features were subject to hoof sheer and routine maintenance, resulting
in a lack of stream stability, defined bed and bank, and woody vegetation.

A poultry operation which housed 28,000 turkeys across four houses comprised the remainder of the land
use. Each house sat on a compacted earthen floor. All pasture areas were subject to periodic broadcast
application of poultry litter throughout the year to assist in fescue and winter wheat/rye production. A
summary of parcel features viability for Buffer and Nutrient Offset credit is provided below.

Table 1. Project Features Descriptions
Feature Names Stream Type Buffer Credit
Viability
Nutrient Offset
Viability*
UT 2** Intermittent Yes Yes
Feature 1 Ditch n/a Yes
Feature 2 Ditch n/a Yes
Feature 3 Ditch n/a Yes
* Nutrient Offset Viable at 2,273.02 lbs. / acre (Per DWR Viability Letter 3-14-2017 – Appendix B)
** On DWR Assessment Feature Identified as UT2

2.2 Parcel Objectives
The primary goals associated with the restoration of riparian areas focus on improving water quality,
enhancing flood attenuation, and restoring wildlife habitat. Goals will be achieved through the creation
of a forested riparian buffer adjacent to stream channels and a forested riparian area along agricultural
ditches. Goals will be accomplished by the following.

1. Removing nonpoint sources of pollution associated with agricultural production, including a)
ceasing the broadcast application of poultry litter, fertilizer, pesticides, and other agricultural
materials into and adjacent to Parcel surface water conveyances and b) providing a restored
buffer to filter runoff from adjacent lands.
2. Reducing sedimentation within onsite and downstream receiving waters by reducing bank
erosion, vegetation maintenance, and agricultural land disturbances.
3. Promoting floodwater attenuation by increasing frictional resistance of floodwaters crossing
Parcel floodplains.
4. Improving aquatic habitat by enhancing stream bed shading and natural detritus input.
5. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural
production.
6. Restoring and re-establishing natural community structure, habitat diversity, and functional
continuity.
7. Protecting the Parcel’s riparian buffer functions and values in perpetuity.

3.0 Restoration Activities
To achieve the objectives above, a restoration plan including the following components was completed
between July 2017 and January 2018.
1.) Removal of existing poultry houses and associated impervious surfaces within the Parcel
boundaries,
2.) Removal of existing gravel roads,
3.) Removal of four culverts and the replacement of one,
4.) Parcel-wide soil preparation,

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Page 3
As-Built & Baseline Monitoring Report – March 2018
5.) Livestock exclusion via fencing,
6.) Riparian area restoration (replanting) extending from the top of bank (TOB) out 200’ where
applicable, and
7.) Parcel protection in perpetuity through a conservation easement.

The restoration of floodplain forest and stream-side habitat will allow for development and expansion of
characteristic species across the landscape. Eco-tonal changes between community types will contribute
to diversity and provide secondary benefits, such as enhanced feeding and nesting opportunities for
mammals, birds, amphibians and other wildlife. An outline of restoration activities and their completion
date, is provided in the table below.

Table 2: Restoration Activities Completion Date
Activity / Milestone BPDP Proposed Date Actual Date
BPDP Approved NA July 7th, 2017
Parcel purchased in Fee-Simple June 2017 June 22nd, 2017
Parcel Protection via conservation easement June 2017 June 27th, 2017
Cattle exclusion / fence construction June 2017 July – August 2017
Removal of poultry houses / impervious
surfaces June/July 2017 August – October 2017
Soil preparation July through November 2017 October – December 2017
Removal of Powerline/Pole NA December 2017
Planting December 2017 December 12th, 2017
As-Built Data Collection 01 / 2018 December 14th – 16th, 2017
Construction Completion Walkthrough NA February 1st, 2018
As-Built Report Submittal 01 / 2018 March, 2018
Year 1-5 Monitoring 10 / 2018 - 2022 On schedule

3.1 Exclusion of livestock:
Immediately upon approval of the Bank Parcel Development Package, RS contracted the installation of
fencing to exclude livestock from entering the Parcel. The fencing was installed one foot outside of the
easement boundary, and will be the adjoining landowner’s responsibility to maintain. Fencing was
construction to NRCS standards using five strains of woven barbed-wire. Fencing used during previous
land use was removed from the Parcel at this time.

3.2 Removal of impervious surfaces and poultry operation facilities:
Within the Parcel, poultry operation facilities were removed and earthen pads graded to mimic adjacent
topographic conditions. Gravel and compacted earth roads within the Parcel were also removed and
graded appropriately. Once grading operations were finalized, native seed mix was planted to minimize
runoff.

3.3 Re-establishment of diffused flows
Two culverts were removed along UT-2 to ensure proper flow and to prevent the chance of hydrologic
trespass occurring on adjacent properties. A dilapidated culvert was removed at the top of Feature 1 and
replaced with a dual wall HDPE pipe. The replacement pipe was approximately 20-feet shorter than the
old pipe. Once removed, disturbed areas were stabilized with matting and native seed mix.

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Page 4
As-Built & Baseline Monitoring Report – March 2018
3.4 Riparian Area Restoration Activities
Areas subject to livestock were treated with a pre-emergent and fescue herbicide to reduce herbaceous
competition with reforestation efforts. This approached also had the added benefit of reducing the risk
of sediment runoff vs. plowing or ripping the Parcel.

The riparian area on both sides of three surface water conveyances (Features 1, 2 & 3) and one
intermittent stream (UT2) were restored in accordance to 15A NCAC 02B .0295. The planting plan for the
entire riparian restoration area, consisted of planting bare root trees on 22.10 acres; credit generation
only accounts for 21.53 acres. Species composition mimicked reference forest data, onsite observations,
and community descriptions from Classification of the Natural Communities of North Carolina (Schafale
and Weakley 1990). Community associations utilized in the proposed planting plan below include 1.) Basic
Oak – Hickory Forest in non-hydric soil and upland areas and 2.) Coastal Plain Bottomland Hardwoods in
hydric soil areas and adjacent Parcel features.

All species were planted based on their ability for sediment stabilization, their ability to withstand
hydraulic forces associated with flood events, and suitability to Parcel specific soil types. Reforestation
planting occurred on December 12th and was over seen jointly by Carolina Silvics and RS. Bare root planting
occurred at a density of approximately 750 stems per acre using approximately a 7’x8’ spacing. The
planting list is provided below in Table 3. As-built baseline vegetation data is provided in Appendix B.
Baseline data was collected in January of 2018 by Axiom Environmental and derived an average planted
stem density of 642 stems per acre.

Table 3. Planting List
Vegetation Association: Basic Oak-Hickory Forest Coastal Plain Bottomland
Hardwoods
Acreage: 22.10 Acres 15.02 acres 7.08 acres
Species (bare root = BR) Spec-ed Planted Spec-ed Planted
White oak (Quercus alba) - BR 2,750 2,750
*Northern red oak (Quercus rubra) - BR 2,750 0
Shumard oak (Quercus shumardii) 0 1,375
Cherrybark oak (Quercus pagoda) 0 1,375
Tulip poplar (Liriodendron tulipifera) - BR 2,750 2,750
Green ash (Fraxinus pennsylvanica) - BR 2,750 2,750
Water oak (Quercus nigra) - BR 1,900 1,900
Willow oak (Quercus phellos) - BR 22 1,900 1,900
River birch (Betula nigra) - BR 1,900 1,900
Total (18,600) 11,000 11,000 5,700 5,700
* Due to availability issues, Northern red oak was removed from the proposed planting list. Shumard and Cherrybark oak were
used as substitute species.

It was determined during the post construction walk through with Katie Merritt on February 1st, 2018,
that a small portion, 0.12 acres, of riparian area was not properly reforested. This was in part due to tall
grass in the area and simply over looked during original planting efforts. On 3-2-2018, RS representatives
went back to the area and planted an additional 50 bare root stems (As-Built Photo 15 – 17, Appendix A).

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Page 5
As-Built & Baseline Monitoring Report – March 2018
3.5 Parcel Protection
A Conservation Easement was placed over the Parcel on June 27th, 2017 and recorded at the Wayne
County Register of Deeds in Goldsboro, NC. Book No. 3309, Page No. 279-290. Parcel boundaries have
been delineated in the field to ensure clear distinction between the Parcel and adjacent properties.
Boundaries are identified by cattle fence. Prior to Parcel closure, RS will install NC Wildlife Habitat
Foundation conservation easement signage. 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 reported to NC DWR.

4.0 Mitigation Potential
The removal of livestock had immediate benefits to the Parcel’s drainage features, specifically Features 1-
3. Flushing flows established a new top of bank within these features (As-Built Photo 14, Appendix A).
Planting of the new “benches” occurred during reforestation efforts and the revised top of bank was
measured during as-built survey work. As-built credit calculation were based on the new top of bank.
Additionally, the final easement boundary was slightly adjusted along the southern boundary of Feature’s
1 and 2’s origin; approximately 20’ of easement was added in the section above the proposed boundary
detailed in the Bank Parcel Development Package (BPDP). These two factors have resulted in a slightly
higher mitigation potential than original detailed in the BPDP.

The DWR has determined the nitrogen nutrient abatement of restored riparian area to be 2,273.02 lbs.
per acre. Riparian buffer credits will be measured by the hundredth of an acre and converted into square
feet.

Per the as-built survey (Appendix A), the conservation easement measures 22.81 acres, and includes 21.53
acres of restored riparian area. Of the restored riparian area, 15.37 acres will generate nutrient offset
credit, generating 34,936.31 lbs. of nitrogen offset credit. 6.16 acres of restored riparian area will generate
268,329.6 sq. ft. of Neuse River riparian buffer credits. Riparian buffer mitigation generated via
restoration, can be used for either Neuse River riparian buffer credits or nutrient offset credits, but not
both. RS must request and receive approval from DWR to transfer any mitigation credits between riparian
buffer and nutrient offset. All mitigation credit assets shall be shown on the credit ledgers. The Parcel’s
mitigation potential is detailed in the following table.

Table 4: Project Components and Mitigation Credits
Buffer Zone Credit Type Mitigation
Type
Total
Acreage
Credit
Ratio
Credit per
Acre Total Credits
UT2 Zone A (TOB to 50') Riparian
Buffer Restoration 3.16 1:1 43,560 sq.
ft./acre 137,649.6 sq. ft.
UT2 Zone B (51’ - 100') Riparian
Buffer Restoration 2.99 1:1 43,560 sq.
ft./acre 130,244.4 sq. ft.
Total Riparian
Buffer 6.15 267,894.0 sq. ft.
UT2 Zone C (101’ - 200) Nitrogen Restoration 5.26 n/a 2,273.02
lbs./acre 11,956.08 lbs.
Ditches (TOB - 200') Nitrogen Restoration 10.10 n/a 2,273.02
lbs./acre 22,957.50 lbs.
Total Nitrogen 14.64 34,913.58 lbs.

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Page 6
As-Built & Baseline Monitoring Report – March 2018
5.0 Monitoring Protocol & Success Criteria

5.1 Monitoring Protocol
Restoration monitoring procedures for vegetation will monitor plant survival and species diversity.
Quantitative sampling of vegetation will be performed through twenty-two (22) permanent 10 x 10 meter
vegetation plots as outlined in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2 (Lee et al.
2008) and will occur in October of each year, with the 1st monitoring data to be collected no earlier than
October. A reference photo will be taken from the origin point of each plot. All planted stems in the plots
will be marked with flagging tape and recorded. Data collected will include: species, height, planting type
(planted stem and/or volunteer). Monitoring of the restoration efforts will be performed for five years or
until success criteria are fulfilled. Restoration Systems shall submit to NCDWR an annual monitoring
report, no later than December 31st of each year. Reports will document the success of the vegetation
and any maintenance, supplemental planting, or encroachment within the easement areas. Success
criteria within the 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.

5.2 Parcel Maintenance
A remedial action plan will be developed and implemented with the approval of NCDWR in the event 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 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 Neuse buffers along
UT2 to ensure that no buffer violations have been performed. Failure to receive approval to mow within
the Neuse 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, the Sponsor will develop a species-specific
control plan.

5.3 Long Term Management Plan
The 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. RS purchased the property in fee simple and deeded a conservation easement to the North
Carolina Wildlife Habitat Foundation (NCWHF) on June 27th, 2018 (Attachment C). The Sponsor provided
an endowment to NCWHF to hold and enforce the conservation easement and its interests, in perpetuity.

6.0 Financial Assurance
As stated in the Restoration Systems’ Weaver Farm Mitigation Banking Instrument dated July 7th, 2017, a
separate Performance/Maintenance Bond will be secured for 100% of the estimated cost to implement
the monitoring and maintenance plan as described in the approved BPDP. The Bond must be from a
surety company that is rated no less than an “A-” as rated by A.M. Best, and it is the Sponsor’s
responsibility to confirm that the surety company is still rated no less than an “A-” with each annual bond
renewal.

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Page 7
As-Built & Baseline Monitoring Report – March 2018
A Performance/Maintenance Bond shall be secured each year for a minimum of five years, and until DWR
has released all mitigation credits to the Bank Sponsor. Upon DWR approval, the bond may be lowered
each year based on the adjusted cost to complete the monitoring. No bond shall be less than $100,000
to cover monitoring and maintenance costs.

7.0 References

Consolidated Buffer Mitigation Rule - 15A NCAC 02B .0295 (Published November 17, 2014)

Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording Vegetation.
Version 4.2. North Carolina Department of Environment and Natural Resources, Ecosystem
Enhancement Program. Raleigh, North Carolina.

Neuse River Nutrient Sensitive Waters Management Strategy 15A NCAC 2B .0233,
15A NCAC 02B .0240, and 15A NCAC 02B .0295

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.

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Appendix A: General Figures and Tables
As-Built & Baseline Monitoring Report – March 2018

Appendix A: General Figures and Tables

Figure 1 - Site Location / Service Area
Figure 2 - Preconstruction Conditions
Figure 3 - Component and Asset
As-built Survey – Sheets 1-3
Table 1 - Project Components and Mitigation Credits
Table 2- Project Activity and Reporting History
Table 3 - Project Contact
Table 4 - Project Baseline Information and Attributes
As-built Photos

RESTORATION SYSTEMS, LLC1101 HAYNES ST, SUITE 211RALEIGH, NC 27604PHONE : [phone]FAX : [phone]
This map and all data contained within are supplied as is with no warranty. Restoration Systems, LLC expressly disclaims responsibility for damages or liability from any claims that may arise out of t he use or misuse of this map. It is the sole responsibility of the user to determine if the data on this map is compatible with the user’s needs. This map was not created as survey data, nor should it be used as such. It is the user’s responsibility to obt ain proper survey data, prepared by a licensed surveyor, where required by law.
SCALE:
DATE: 3-2018
1 in = 54,167 ft
Coordinate System:NAD_1983_SP_NC_FIPS_3200_Ft.
Aerial Imagery: (c) ESRI
0 4.5 9 13.5 182.25
Miles
SITE: WF01-000
Weaver FarmFigure 1 - Parcel Location / Service Area
Weaver Farm Bank Parcel35°18'16.01"N78° 7'44.27"W
Directions to Parcel;• Take I-40 East out of Raleigh,• Take Exit 341 for NC-50/NC-55 toward US-13/Newton Grove,• At the traffic circle (1.3 miles), take the 4th exit onto US-13 N,• 9.4 Miles Turn Left onto Weaver Rd.,• 0.7 Miles Turn Right at Angie Drive, • Site is located on the left.
Service Layer Credits: Sources: Esri, HERE, DeLorme, Intermap, incrementP Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL,Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,MapmyIndia, © OpenStreetMap contributors, and the GIS User Community
Legend
Project Pin Point
USGS Neuse 03020201 River Basin Bdry
Service Area - Riparian Buffer and Nutrient Offset (Neuse 01 Minus Falls Lake Water shed)
Feature 1
Feature 2
Feature 3
UT-2
Origin Point for UT-2
RESTORATION SYSTEMS, LLC1101 HAYNES ST, SUITE 211RALEIGH, NC 27604PHONE : [phone]FAX : [phone]
This map and all data contained within are supplied as is with no warranty. Restoration Systems, LLC expressly disclaims responsibility for damages or liability from any claims that may arise out of t he use or misuse of this map. It is the sole responsibility of the user to determine if the data on this map is compatible with the user’s needs. This map was not created as survey data, nor should it be used as such. It is the user’s responsibility to obt ain proper survey data, prepared by a licensed surveyor, where required by law.
SCALE:
DATE: 3-2018
1 in = 250 ft
Coordinate System:NAD_1983_SP_NC_FIPS_3200_Ft.
Aerial Imagery: (c) ESRI
0 120 240 360 48060
Feet
SITE: WF01-000
Figure 2Preconstruction Conditions
Service Layer Credits:
Feature 1
Feature 2
Feature 3
UT-2
New 24" pipe inserted, Existing fence replaced as was.
Approx. 20' of historically piped ditch,now open. Area to be re-surveyedduring as-built effort.
Origin Point for UT-2
RESTORATION SYSTEMS, LLC1101 HAYNES ST, SUITE 211RALEIGH, NC 27604PHONE : [phone]FAX : [phone]
This map and all data contained within are supplied as is with no warranty. Restoration Systems, LLC expressly disclaims responsibility for damages or liability from any claims that may arise out of t he use or misuse of this map. It is the sole responsibility of the user to determine if the data on this map is compatible with the user’s needs. This map was not created as survey data, nor should it be used as such. It is the user’s responsibility to obt ain proper survey data, prepared by a licensed surveyor, where required by law.
SCALE:
DATE: 3-2018
1 in = 250 ft
Coordinate System:NAD_1983_SP_NC_FIPS_3200_Ft.
Aerial Imagery: (c) ESRI
0 120 240 360 48060
Feet
SITE: WF01-000
Figure 3Component and Asset
Service Layer Credits:
Legend
Final Conservation Easement: 22.81 Acres
Top of Bank (Features + UT-2): 0.65 Acres
TOB - 50ft
TOB - 100ft
TOB - 200ft
AsBuilt Credit Determination
Stream (UT-2), Zone A (TOB to 50'), Riparian Buffer: 3.16 Acres
Stream (UT-2), Zone B (51' - 100'), Riparian Buffer: 2.99 Acres
Stream (UT-2), Zone C (101' - 200'), Nutrient Offset: 5.26 Acres
Surface Water Conveyance, (TOB to 200'): 10.10 Acres
Buffer Zone Credit Type Mitigation Type Total Acreage Credit Ratio Credit per Acre Total Credits
UT2 Zone A (TOB to 50') Riparian Buffer Restoration 3.16 1:1 43,560 sq. ft./acre 137,649.6 sq. ft.
UT2 Zone B (51’ - 100') Riparian Buffer Restoration 2.99 1:1 43,560 sq. ft./acre 130,244.4 sq. ft.
Total Riparian Buffer 6.15 267,894.0 sq. ft.
UT2 Zone C (101’ - 200) Nitrogen Restoration 5.26 n/a 2,273.02 lbs./acre 11,956.08 lbs.
Ditches (TOB - 200') Nitrogen Restoration 10.10 n/a 2,273.02 lbs./acre 22,957.50 lbs.
Total Nitrogen 14.64 34,913.58 lbs.

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21
ISS
ISS
ISS
ISS
NMC
ERCM
102
104
105
106
107
6ƒ
(
75.64'
(TIE DOWN)
6ƒ
(
83.66'
(TIE DOWN)L1
L2 L3
5
1ƒ
(501.11'1ƒ
(218.82'1ƒ





(
238.
5
6'
6ƒ
(
35.17'
6ƒ
(
121.26'
7
6ƒ
(
61.32'
6ƒ
(
60.94'
6ƒ
(
518.29'1ƒ
(409.76'6ƒ
(
401.05'
1ƒ
:
38.49'599.61'6ƒ
:211.01'
6ƒ
:
156.34'
1ƒ
:218.36'6ƒ
:233.72'
6ƒ




:
109
ISS
108
1ƒ
(217.94'(TIE D
O
W
N)
16
1718
1ƒ
:
60.85'
1ƒ
:
126.96'
6ƒ
:
58.20'
L4
32.5'
7.5'16.0'EXISTING
METAL
SHED
EASEMENT IS 20' ON
EACH SIDE OF L4 AT
THIS POINT
578.3
3
'
1ƒ





:
1ƒ
:
20.01'
NMC
6ƒ
:
105.00'
6ƒ
:
103.56'
8
6
79
5
4
10
3
2
1
22
21
13
12
14
15
16
17
18
19
20
11
UT2
STA 0+00.00
END OF FEATURE 1
STA 5+34.88
SURVEYED BY:
DRAWN BY:
DWG. NO.
DATE:
FGR
J.A.R.
SHEETProject TitleClient1101 HAYNES STREETSUITE 211RALEIGH, NC 27604Axiom Environmental, Inc.Axiom Environmental218 Snow AvenueRaleigh, NC 27603919-215-1693k2 designgroup5688 U.S. Hwy. 70 EastGoldsboro, NC [e-mail] license no.: C-2111RSS223AB18
03/06/18
2 OF 3
CONSTRUCTION LEGEND:
#CVS PLOTS
ORIGIN POINT ON CVS PLOTS
TOP OF BANK
"PRELIMINARY PLAT"
NOT FOR RECORDATION,
CONVEYANCES OR
SALES
(PLANTING SCHEDULE PROVIDED BY
RESTORATION SYSTEM)
PLANTING SCHEDULE
PLANTED AREA
EIS
UP
UP
UP
UP
E
E
E
E
E
BEGINNING
OF FEATURE 1
STA 0+00.00
N-566,480.75'
E-2,259,623.41'
BEGINNING
OF FEATURE 3
STA 0+00.00
N-567,117.88'
E-2,259,724.57'
END OF FEATURE 3
N-566,869.86'
E-2,259,863.37'
STA 3+04.82
UT2
STA 15+57.15
N-567,338.19'
E-2,261,170.93'
BEGINNING
OF FEATURE 2
STA 0+00.00
N-566,478.10'
E-2,259,978.64'
END
OF FEATURE 2
STA 3+77.19
N-566,854.37'
E-2,260,002.11'
UT2
STA 1+40.08
N-566,854.37'
E-2,260,002.11'R/WEOPEOPR/WEOPEOPR/W
GRAVEL
DRIVE
FEATURE 1
FEATURE 3
FEATURE 2
UT2
1103
2
3
4
6
8 9
10
11
12
13
14
15
19
20
21
ISS
ISS
ISS
ISS
NMC
ERCM
102
104
105
106
107
6ƒ
(
75.64'
(TIE DOWN)
6ƒ
(
83.66'
(TIE DOWN)L1
L2 L3
5
1ƒ
(501.11'1ƒ
(218.82'1ƒ





(
238.
5
6'
6ƒ
(
35.17'
6ƒ
(
121.26'
7
6ƒ
(
61.32'
6ƒ
(
60.94'
6ƒ
(
518.29'1ƒ
(409.76'6ƒ
(
401.05'
1ƒ
:
38.49'599.61'6ƒ
:211.01'
6ƒ
:
156.34'
1ƒ
:218.36'6ƒ
:233.72'
6ƒ




:
109
ISS
108
1ƒ

(217.94'(TIE D
O
W
N)
16
1718
1ƒ
:
60.85'
1ƒ
:
126.96'
6ƒ
:
58.20'
L4
32.5'
7.5'16.0'EXISTING
METAL
SHED
EASEMENT IS 20' ON
EACH SIDE OF L4 AT
THIS POINT
578.3
3
'
1ƒ





:
1ƒ
:
20.01'
NMC
6ƒ
:
105.00'
6ƒ
:
103.56'
8
6
79
5
4
10
3
2
1
22
21
13
12
14
15
16
17
18
19
20
11
UT2
STA 0+00.00
END OF FEATURE 1
STA 5+34.88
SURVEYED BY:
DRAWN BY:
DWG. NO.
DATE:
FGR
J.A.R.
SHEETProject TitleClient1101 HAYNES STREETSUITE 211RALEIGH, NC 27604Axiom Environmental, Inc.Axiom Environmental218 Snow AvenueRaleigh, NC 27603919-215-1693k2 designgroup5688 U.S. Hwy. 70 EastGoldsboro, NC [e-mail] license no.: C-2111RSS223AB18
03/06/18/18
3 OF 3
CONSTRUCTION LEGEND:
OF DRAINGE FEATURE
#CVS PLOTS
ORIGIN POINT ON CVS PLOTS
MODIFIED TOP OF BANK
"PRELIMINARY PLAT"
NOT FOR RECORDATION,
CONVEYANCES OR
SALES
UT2 ZONE A (TOB TO 50') = 3.16 ACRES
UT2 ZONE B (51' TO 100') = 2.99 ACRES
UT2 ZONE C (101' - 200) = 5.26 ACRES
SURFACE CONVEYANCES
SURFACE
CONVEYANCES:
(TOP OF BANK
- 200'
(TOB - 200') = 10.10 ACRES

Weaver Farm Riparian Buffer & Nutrient Offset Bank Parcel Appendix A: General Figures and Tables
As-Built & Baseline Monitoring Report – March 2018
Table 1. Project Components and Mitigation Credits
Weaver Farm Riparian Buffer & Nutrient Offset Bank Parcel – Wayne County, NC
Buffer Zone Credit Type Mitigation
Type
Total
Acreage
Credit
Ratio
Credit per
Acre Total Credits
UT2 Zone A (TOB to 50') Riparian
Buffer Restoration 3.16 1:1 43,560 sq.
ft./acre 137,649.6 sq. ft.
UT2 Zone B (51’ - 100') Riparian
Buffer Restoration 2.99 1:1 43,560 sq.
ft./acre 130,244.4 sq. ft.
Total Riparian
Buffer 6.15 267,894.0 sq. ft.
UT2 Zone C (101’ - 200) Nitrogen Restoration 5.26 n/a 2,273.02
lbs./acre 11,956.08 lbs.
Ditches (TOB - 200') Nitrogen Restoration 10.10 n/a 2,273.02
lbs./acre 22,957.50 lbs.
Total Nitrogen 14.64 34,913.58 lbs.

Table 2: Project Activity and Reporting History
Weaver Farm Riparian Buffer & Nutrient Offset Bank Parcel – Wayne County, NC
Activity / Milestone BPDP Proposed Date Actual Date
BPDP Approved NA July 7th, 2017
Parcel purchased in Fee-Simple June 2017 June 22nd, 2017
Parcel Protection via conservation easement June 2017 June 27th, 2017
Cattle exclusion / fence construction June 2017 July – August 2017
Removal of poultry houses / impervious
surfaces June/July 2017 August – October 2017
Soil preparation July through November 2017 October – December 2017
Removal of Powerline/Pole NA December 2017
Planting December 2017 December 12th, 2017
As-Built Data Collection 01 / 2018 December 14th – 16th, 2017
Construction Completion Walkthrough NA February 1st, 2018
As-Built Report Submittal 01 / 2018 March, 2018
Year 1-5 Monitoring 10 / 2018 - 2022 On schedule

Weaver Farm Riparian Buffer & Nutrient Offset Bank Parcel Appendix A: General Figures and Tables
As-Built & Baseline Monitoring Report – March 2018

Table 3: Project Contact Table
Weaver Farm Riparian Buffer & Nutrient Offset Bank Parcel – Wayne County, NC
Firm POC & Address
Bank Sponsor Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
George Howard and John Preyer
919-755-9490
Designer: Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Raymond Holz
919-604-9314
Construction Contractor: Strader Fencing Inc
Kenneth Strader; 336.314.2935
5434 Amick Road
Julian, NC 27283
Planting Contractor: Carolina Silvics
Mary-Margaret McKinney 252.482.8491
908 Indian Trail Road
Edenton, NC 27932
Seeding Contractor: Strader Fencing Inc
Kenneth Strader; 336.314.2935
5434 Amick Road
Julian, NC 27283
Nursery Stock Suppliers: ArborGen 1.888.888.7158
Baseline Data Collection Axiom Environmental, Inc. Grant Lewis; 919.215.1693
218 Snow Ave. Raleigh, NC 27603
Vegetation Monitoring: Axiom Environmental, Inc. Grant Lewis; 919.215.1693
218 Snow Ave. Raleigh, NC 27603
Table 4: Project Baseline Information & Attributes Table
Weaver Farm Riparian Buffer & Nutrient Offset Bank Parcel – Wayne County, NC
Project Information
Project Name Weaver Farm
County Wayne
Project Area (acres) 22.81
Project Coordinates (latitude and longitude) Latitude: 35°18'16.01"N, Longitude: 78° 7'44.27"W
Project Watershed Summary Information
Physiographic Province Piedmont
River Basin Neuse
USGS Hydrologic Unit 8-digit 03020201 USGS Hydrologic Unit 14-
digit 03020201170010
DWQ Sub-basin 03-04-12
Project Drainage Area, Total Outfall (miles) 0.07 mi²
Project Drainage Area Percentage of Impervious Area < 1%
As-Built Photo: 1-26-2018
UT-1 Downstream culvert removed, matted, and seeding placed.
As-Built Photo: 1-26-2018
North east portion of the site looking north
As-Built Photo: 1-26-2018
North east portion of the site looking west
As-Built Photo: 1-26-2018
North east portion of the site looking north
As-Built Photo: 1-26-2018
Center of the Site looking west
As-Built Photo: 1-26-2018
UT-1 Upstream culvert removed, matted, and seeding placed. Near Confluence with Feature 1
As-Built Photo: 1-26-2018
UT-1 and Feature 1 confluence
As-Built Photo: 1-26-2018
Confluence of Features 1 and 3, and start of UT-1
As-Built Photo: 1-26-2018
Planted area between Features 1 and 2, looking east.
As-Built Photo: 1-26-2018
Pipe removal at upstream end of Feature 1
As-Built Photo: 1-26-2018
Pipe removal at upstream end of Feature 1
As-Built Photo: 1-26-2018
Feature 2 looking north
As-Built Photo: 3-02-2018
Feature 1 looking north
As-Built Photo: 3-02-2018
Feature 1 looking north
As-Built Photo: 3-02-2018
Second Planting near outfall of UT-2
As-Built Photo: 3-02-2018
Second Planting near outfall of UT-2
As-Built Photo: 3-02-2018
Second Planting near outfall of UT-2

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Appendix B: Baseline Vegetation Data, CVS Output Table
As-Built & Baseline Monitoring Report – March 2018

Appendix B: Baseline Vegetation Data, CVS Output Tables

Table 5 - Baseline Vegetation
Vegetation Plot Photos 1 – 22

Project Name: Weaver Farm Riparian Buffer & Nutrient Offset Bank ParcelCurrent Plot Data (MY0 2018)PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all TBetula nigra river birch Tree222444444 555 111Fraxinus pennsylvanica green ash Tree12 12 12 1 1 1111222222Liriodendron tulipiferatuliptree Tree111777111222 111222111 444333Platanus occidentalis American sycamore Tree111111Quercus oak Tree222111444111222111111Quercus alba white oakTree222333222222777333222 111222111Quercus nigra water oak TreeQuercus pagoda cherrybark oak Tree111 111333444333111 333444555Quercus phellos willow oakTree555111 333 111111444 444Quercus rubra northern red oakTree222111444111Quercus shumardii Shumard's oak Tree222 111333111 222111Quercus shumardii var. shuma Shumard oak Tree11119 19 19 18 18 18 18 18 18 14 14 14 15 15 15 14 14 14 10 10 10 13 13 13 14 14 14 14 14 14 18 18 18666777777777555666555333555555888768.9 768.9 768.9 728.4 728.4 728.4 728.4 728.4 728.4 566.6 566.6 566.6 607 607 607 566.6 566.6 566.6 404.7 404.7 404.7 526.1 526.1 526.1 566.6 566.6 566.6 566.6 566.6 566.6 728.4 728.4 728.4PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all TBetula nigra river birch Tree777444 111333111 323232Fraxinus pennsylvanica green ash Tree666444222 333 111111444101010111595959Liriodendron tulipiferatuliptree Tree33333355544437 37 37Platanus occidentalis American sycamore Tree222Quercus oak Tree222 222 111111111111 202020Quercus alba white oakTree555111 111666444111222 333484848Quercus nigra water oak Tree111 111222Quercus pagoda cherrybark oak Tree222101010141414444111666333555555999848484Quercus phellos willow oakTree444555111 222111111222444444Quercus rubra northern red oakTree111 111 101010Quercus shumardii Shumard's oak Tree10 10 10Quercus shumardii var. shuma Shumard oak Tree11116 16 16 16 16 16 17 17 17 19 19 19 13 13 13 15 15 15 15 15 15 21 21 21 16 16 16 18 18 18 16 16 16 349 349 349333555444222666444444888666555555121212647.5 647.5 647.5 647.5 647.5 647.5 688 688 688 768.9 768.9 768.9 526.1 526.1 526.1 607 607 607 607 607 607 849.8 849.8 849.8 647.5 647.5 647.5 728.4 728.4728.4 647.5 647.5 647.5 642 642 642Color for DensityExceeds requirements by 10%Exceeds requirements, but by less than 10%Fails to meet requirements, by less than 10%Fails to meet requirements by more than 10%size (ares)size (ACRES)Species countStems per ACRECurrent Plot Data (MY0 2017)Current Plot Data (MY0 2017)Scientific Name Common Name Species TypeStem countTable 5: Baseline Vegitation Data10.02220.5410.0210.0210.0210.0210.0210.0210.0210.0210.0210.0210.0210.0210.0210.0210.020.0210.0210.02Stem countsize (ares)size (ACRES)Species countStems per ACRE10.0217021‐AXE‐0019 17021‐AXE‐0020 17021‐AXE‐002117021‐AXE‐0007 17021‐AXE‐0008 17021‐AXE‐0009 17021‐AXE‐0010 17021‐AXE‐001117021‐AXE‐001210.0210.02117021‐AXE‐0022Annual MeansMY0 (2017)17021‐AXE‐0013 17021‐AXE‐0014 17021‐AXE‐0015 17021‐AXE‐0016 17021‐AXE‐0017 17021‐AXE‐001817021‐AXE‐0003 17021‐AXE‐0004 17021‐AXE‐0005 17021‐AXE‐0006Scientific Name Common Name Species Type17021‐AXE‐0001 17021‐AXE‐0002
Veg Plot 1
Veg Plot 3
Veg Plot 2
Veg Plot 4
Veg Plot 5
Veg Plot 7
Veg Plot 6
Veg Plot 8
Veg Plot 9
Veg Plot 11
Veg Plot 10
Veg Plot 12
Veg Plot 13
Veg Plot 15
Veg Plot 14
Veg Plot 16
Veg Plot 17
Veg Plot 19
Veg Plot 18
Veg Plot 20
Veg Plot 21 Veg Plot 22

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Appendix C: NC DWR Stream Determination
As-Built & Baseline Monitoring Report – March 2018

Appendix C: NC DWR Stream Determination

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Appendix D: Conservation Easement
As-Built & Baseline Monitoring Report – March 2018

Appendix D: Conservation Easement

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Appendix D: Conservation Easement
As-Built & Baseline Monitoring Report – March 2018

Appendix E: Financial Assurance

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 7 day of July, 2017 for Weaver Farm Nutrient Offset and Buffer
Mitigation Bank Parcel located within the Neuse River Basin in the 14-digit United States Geological Survey
(USGS) Cataloging Unit 03020201170010 of the South Atlantic/Gulf Region, 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 March 8, 2018 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 2-9. 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 8th day of March, 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

Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel Appendix F: 15A NCAC 02B .0295
As-Built & Baseline Monitoring Report – March 2018

Appendix F: 15A NCAC 02B .0295 (Consolidated Buffer Mitigation Rule – CMB rule) (effective date–
October 24th, 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.