HomeMy WebLinkAbout20200047 Ver 2_BPDP_V2-1_Attachments_20200922ID#* 20200047 Version* 2
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 09/23/2020
Mitigation Project Submittal - 9/22/2020
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r Stream r Wetlands W Buffer V Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:*
Michael Herrmann
Project Information
...................................................................................
ID#:* 20200047
Existing IDr
Project Type:
Project Name:
County:
Email Address:*
mherrmann@watershedinvestment
snc.net
Version:
*2
Existing Version
r DMS r Mitigation Bank
Banished Bull Buffer and Nutrient Offset
Mitigation Bank
Orange
Document Information
Mitigation Document Type:*
Mitigation Plans
File Upload: BanishedBull_BPDP V2.1_Attachments.pdf 22.89MB
Rease upload only one RDFof the corrplete file that needs to be subrritted...
Signature
Print Name:* Michael Herrmann
Signature:*
WATERSHED
,investments
September 22, 2020
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
NCDENR-Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Subject: Reformatted comments to Version 2 submission of the Banished Bull BPDP (DWR4 2020-
0047)
Dear Ms. Merritt:
Enclosed is Version 2.1 of the Bank Parcel Development Plan for the Banished Bull Buffer
and Nutrient Offset Bank Mitigation Bank. Version 2.0 was submitting for your review on
August 17th, 2020. The primary difference in Version 2.1 is that the comments and responses
summary to Version 1 submitted on March 3 1 " has been reformatted. This change was made
to make the comment summary consistent with other mitigation providers
comments/responses and ease the Division's review.
This document is being submitted electronically via DWR's Edoc portal.
If you need to discuss the project, please contact me at
mherrmann2watershedinvestmentsnc.net (email) or 919-559-6264 (phone).
Sincerely,
,
Mike Herrmann
1630 Weatherford Circle, Raleigh NC 27604 1 Tel : 919-533-9195 1 www.watershedinvestmentsnc.net
Comments And Responses to DWR Comments on Version 1 of the
Banished Bull BPDP
Title Page
Comment. Correct that the document is prepared for NC DWR
Response: Added that BPDP is prepared for DWR.
Fi ures
Comment: Provide a figure to represent your proposed planting plan.
Response: Added Figure 7 provide site planting details.
Appendices
Comment: Include the Site Viability Letter to aid review ofproposed assets.
Response: NC DWR Viability letter has been included as Appendix 3.
Comment. In the site photos, include photos dated more recent than the site viability visit.
Response: Added photos to Appendix 4 that are dated after the DWR's site viability visit.
Comment. Provide EDR summary report.
Response: The EDR report is provided in Appendix 7.
Section 1. Introduction
Comment. Add references to the MBI and Bank Sponsor name. It should say that this project is
submitted for review under the Banished Bull Mitigation Banking Instrument between DWR &... as
the Bank Sponsor.
Response: Added the following introduction: "The Banished Bull Mitigation Site (Site) is
submitted for review under the Banished Bull Mitigation Banking Instrument (MBI) between
the Division of Water Resources and the bank's sponsor, Watershed Investments NC, LLC
(WINC)."
Comment. Add directions to the site.
Response: Directions added.
Comment: Correct terminology to use "riparian buffer" or "buffer" to describe the Neuse buffer,
which is 0-50' from top of bank and has a Zone I & Zone 2 excluding Ephemeral's. Areas adjacent
to buffer should be labeled "riparian area " where applicable.
Example: "The project includes the restoration of riparian buffers and adjacent riparian areas. "
Response: Throughout the document, corrected language as necessary to refer to the riparian
buffer as only the area 0-50' from top of stream bank, excluding ephemeral channels.
Section 2. Existing Conditions
Comment: Describe how, if any, conditions have changed since DWR was onsite
Response: In section 2.4-Land Use, stated that land use remains non -forested pasture.
Comment: Reference the Site Viability Letter
Response: In Section 2.2-Hydrologic Setting, added reference to the Site Viability findings
(Appendix 3).
Comment. Note that areas along the mainstem were observed in the DWR Site Viabilty letter
(Appendix 2) as needing minor bank stabilization.
Response: Noted in Section 2.5- Landscape Communities that that the Site Viability Letter
states that minor bank stabilization measures are needed at the site.
Section 3. Regulatory Considerations
No comments but updated references numbers of former appendices 3-5 due to the addition of the
newly added Appendix 3-Site Viability Letter.
Section 4. Riparian Restoration Plan
Section 4.1. Site Preparation
Comment. How will you address the compacted soil condition of the pasture to give plants the best
soil condition to thrive?
Response: To help develop the soil, after spraying of the fescue, a permanent and temporary
seed mix will be applied to the site. The native grasses and forbs will benefit soils by reducing
erosion, increasing their organic matter and carbon storage, promoting infiltration and water -
holding capacity, and improving the overall soil structure. These benefits have the net effect
of supporting the growth and vitality of the planted seedlings. No disking of the site is
planned.
Comment. Any fescue treatment considering plantings are going to be in pasture grasses? Mowing
may also need to be factored in but shouldn't be the only site prep needed
Response Noted that an aquatic -safe glyphosate herbicide application by a licensed
applicator is planned for the late fall of 2020 to eliminate fescue and limited occurances of
multiflora rose.
Comment: Will the soil need to be mended, will it need lime, disked, ripped.... etc.
Response: Completed NC Department of Agriculture soil testing at the site indicates no lime
is needed. No other soil ammendments are plan.
Comment. Where is non -dosed flow a problem? and provide detail as to what is meant by "surface
flow dispersal techniques".
Response: Removed a section on needing to address non -diffuse flow as it has not been
observed at the site.
Section 4.2. Planting Plan
Comment. Based on the site viability letter, live stakes need to be included in the planting plan to
address bank stabilization issues. What will you plant and where. Provide a figure showing where
livestakes will be most beneficial to be planted along the mainstem banks.
Response: Added live -staking to the planting plan and added Figure 7 that identifies areas
where live -staking will occur. Also, Table 6 was modified to include Live Stake species of
Salix nigra (Black Willow) and Corpus amonmum (Silky dogwood).
Comment: There is a very wet area on the site, which is unique to the rest of the site from what i
remember. No mentioning how this area will be planted differently that the rest of the site, which is
on a slope and is much dryer.
Response: The area referred to in the comment is identified in the newly added Figure 7.
This area is seasonally saturated and will be targeted for planting of species more tolerant of
wet soils (e.g. River birch, Sycamore, Willow Oak, Tulip Poplar and live stakes).
Comment. Provide details on the fencing to be used at the site
Response: Fencing of the easement will be high -tensile electrified wire fencing that has been
successfully employed and is currently used to control cattle at the property.
Comments: Former Table 5 [Current Table 61. Planting Species Table
a) Green Ash should be no more than 5% ofselected species.
b) Add live stakes to Table
c) Add a column to the table to detail whether species is Canopy or Sub -canopy.
Response: (a) Planting to include a broader diversity of native hardwoods and removed
Fraxinus pennsylvanica (Green Ash) due to observed evidence of damage to adjacent Ash trees;
(b) Added live stake information to the table; (c) Added coloumn to Table 6 and included
information on Canopy/Subcanopy characteristics of planted species.
Comment: Planting a permanent seed mix that is abundant in annual and perennial
pollinator species is strictly voluntary but is strongly encouraged by DWR in other mitigation
plans to promote diversity and enhance the health of the herbaceous layer, which can also
greatly benefit planted stems.
Response: Seeding now included. Approximately two weeks after herbicide application, the
site will be sowed with a temporary and native permanent seed mix (see Table 5). The native
grasses and forbs will benefit soils by reducing erosion, increasing their organic matter and
carbon storage, promoting infiltration and water -holding capacity, and improving the overall
soil structure.
Section 4.3 — Easement Boundaries Comment
Comment: There is an easement break shown on the figures. Explain the need for this easement
break and its proposed location interior to the site rather than along the fenceline.
Response: The crossing is needed for two goals: (1) allow for cattle movement to adjacent
pasture and (2) long-term access to 'orphan tract' in the southeast corner. The more interior
location is proposed to minimize impacts to Zone 1 and Zone 2 of the riparian buffer and to
make the travel path perpendicular to the stream. Due to the stream orientation, a crossing
directly adjacent to the fence would result in more buffer impacts and allow cattle more direct
access to the stream.
Comment: Include signage along the easement along with annual inspection of the easement
boundary by the bank's sponsor while the site is in monitoring.
Response: Detailed that signs/placards providing contact information for the easement holder
will be posted at the site providing the easement holders contact information.
Section 5. Monitoring Plan
Section 5.1— Monitoring Protocol
Comment: Rephrase that monitoring plots will be placed in proposed buffer mitigation includes both
buffer credit and nutrient offset credit.
Response: Clarifed that plots "will be randomly placed throughout the planted riparian area
and will be representative of where riparian buffer credit and nutrient offset credit are being
generated."
Comment: Add common name to the list of items included in the annual monitoring report.
Response: Added common name to the list of items in the annual monitoring report.
Section 5.2 — Adaptive Management
Comment: Specify undesirable species that need removing
Reponse: This comment is addressed in Section 4.1 Site Preparation where plans to remove
fescue are detailed. Also noted that, if additional mowing is deemed necessary during the
monitoring period, the site sponsor must receive approval by the DWR prior to any mowing
activities to ensure that no buffer violations have been performed.
Section 6. Long Term Management Plan
Comment: Specify long-term stewardship plans.
Reponse: Added Unique Places to Save as the long-term steward.
Section 7. Financial Assurance
No Changes
Section 8. Mitigation Potential
Comment. Use the new excel worksheet to calculate your credits. Please visit the DWR website and
click on Project Credit Table Template (November 2019- Excel workbook)
Response: Used NC DWR's Project Credit Calculation spreasheet dated November 2019 to
calculate Buffer and Nutrient Offset credits for the Site in Table 6 [Current Table 7].
Comment. Add language to clam that you will not be able to transfer any nutrient offset credits in
101-200' to buffer mitigation credits.
Response: Noted in this section that, pursuant to the Site's MBI, the transfer any nutrient
offset credits in 101-200' to buffer mitigation credits is not allowed.
Comment. Table 7 [Current Table 81 states that the entire restoration area is being used towards the
"total area of buffer mitigation " to calculate the 25%. However, the only area that can be used to
calculate the % for ephemerals is the area being used for Buffer Credits. You must deduct all the
area being used for nutrient offset credit and only use the area devoted to buffer credit. Using the
correct Excel Project Credit Table worksheet will help with this.
Response: This table has been revised to show only proposed buffer credits at the site. As
proposed, the area of buffer mitigation site on ephemeral channel (i.e., 11%) is less than 25
percent of the total area being proposed for buffer mitigation.
Supporting Figures
Comment. Figure I Watershed Setting and Credit Service Areas Comment: Clark that the Buffer
Mitigation Credit Service Area as the whole Neuse 01 and the nutrient offset credit service area as
only the Falls Lake WS.
Response: Updated figure to indicate credit service areas for Buffer (Meuse O1)and Nutrient
Offset (Falls Lake Watershed).
Comment: Figure 5. Existing Conditions Comment: Show the abutting easement and who owns it.
Response: Revised figure to show neighboring upstream landowner is Orange County with
the conservation easement steward of Triangle Lands Conservancy along with the power line
easement area adjacent to the road.
Comment. Figure 7. Planting Plan [Newt Provide a figure to represent your proposed planting
plan. including the live stakes and the unique wet area.
Response: Added figure that indicates the planned areas for tree and live stake planting and
the referenced wet area.
Comment. Figure 8 [Former Figure 7]Make the following adjustments:
a) Comment. Revise Figure title to read "Proposed Riparian Buffer Mitigation and Nutrient
Offset Areas "
Response: Revised the figure's Title
b) Comment: Identify what the credit is you are seeking in yellow, orange and hatched areas.
Keep in mind that you can measure buffer credit 0-100' instead of 0-50'
Response: Revised figure to better identify Buffer Mitigation and Nutrient Offset
areas.
c) Comment. Need to show where the fence will be installed
Response: Indicated fenceing on the Figure
d) Comment: The red boundary is confusing because the conservation easement boundary is
red.
Response: Removed the red boundary delineating between the area where prenmeal
and ephemeral buffer credit was being sought and replaced it with another color.
e) Comment: confirm the bank is outside of the right-of-way for this road.
Response: Added in the powerline right-of-way to show that the proposed easement
is outside of the rite -of -way.
Comment. Do not put a credit table on this figure.
Response: Removed the credit table from the figure.
Attachements:
No NCDWR Comment.
Conservation Easement — Modified the Conservation Easement from the NCDWR website in the
following ways:
A. Where appropriate, replaced references to the Bank Sponsor with the Sponsor Name (Le.,
Watershed Investments NC);
B. Where approriate, replaced reference to the MBI and BPDP with the planned names of these
documents;
C. Comments provided from Unique Places to Save (UP2S), the planned Stewardship
Organization on content of the easement. UP2S Comment: Please add Article IL Item L
(Subdivision) taken from taken from the ACOE's conservation template
Response: Added the requested Subdivision clause after consultation with NC
DWR
Bank Parcel Development Plan
Banished Bull Riparian Buffer Mitigation and Nutrient Offset
Falls Lake Watershed
Neuse River Basin HUC 03020201
NC DWR Project ID # 2020-0047 Version 2
August 17th, 2020
Prepared For:
NC Department of Environmental Quality Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Bank Sponsor:
Watershed Investments, NC, LLC '
1630 Weatherford Circle
Raleigh, NC 27604 KIPWI
Phone: 919-533-9195
Contents
1.0 Introduction........................................................................................................................................... 3
2.0 Existing Conditions................................................................................................................................4
2.1 Watershed Setting..............................................................................................................................4
2.2 Hydrologic Setting..............................................................................................................................4
2.3 Physiography and Soils.......................................................................................................................5
2.4 Land Use/Cover................................................................................................................................. 5
2.5. Landscape Communities.................................................................................................................. 6
3.0 Regulatory Considerations.................................................................................................................... 7
3.1 Threatened and Endangered Species................................................................................................ 7
3.2 Cultural Resources.............................................................................................................................7
3.3 FEMA Floodway / Floodplain Impacts............................................................................................... 7
4.0 Riparian Restoration Plan..................................................................................................................... 7
4.1 Site Preparation.................................................................................................................................7
4.2 Planting Plan......................................................................................................................................9
4.3 Easement Boundaries......................................................................................................................10
5.0 Monitoring Pan....................................................................................................................................10
5.1 Monitoring Protocol and Success Criteria......................................................................................10
5.2. Adaptive Management Plan and Parcel Maintenance.................................................................11
6.0 Long Term Management Plan.............................................................................................................11
7.0 Financial Assurance.............................................................................................................................12
8.0 Mitigation Potential.............................................................................................................................12
9.0 References...........................................................................................................................................15
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page i Bank Parcel Development Plan
LIST OF SUPPORTING FIGURES
Figure 1. Watershed Setting and Service Area
Figure 2. Project Vicinity Map
Figure 3. Project Mapped Soils
Figure 4. Historic Site Conditions
Figure 5. Existing Conditions
Figure 6. Flood Hazard Areas
Figure 7. Site Planting Details
Figure 8. Mitigation Credit Areas
LIST OF APPENDICES
Appendix 1. Site Protection Instrument
Appendix 2. NC Division of Water Resource Stream Identification Form
Appendix 3. NC Division of Water Resources Site Viability Letter
Appendix 4. Site Photos of Existing Conditions
Appendix 5. NC Natural Heritage Program Project Review
Appendix 6. NC State Historic Preservation Office Project Review
Appendix 7. EDR Report
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page ii Bank Parcel Development Plan
1.0 Introduction
The Banished Bull Mitigation Site (Site) is submitted for review under the Banished Bull Mitigation
Banking Instrument (MBI) between the Division of Water Resources and the bank's sponsor, Watershed
Investments NC, LLC (WINC). The Site is located in Orange County approximately six miles northeast of
Hillsborough, NC (Figure 1-Site Setting). One unnamed mainstem traverses the site and is fed by one
unnamed ephemeral tributary. The project includes the restoration of riparian buffers and adjacent
riparian areas totaling an approximate area of 8.30 acres. The Site Protection Instrument to be used in
protecting the easement is located in Appendix 1. Table 1 provides a summary of the site's location and
area.
Table 1: Project Attribute Table Part 1— Banished Bull Mitigation Site
Project Information
Project Name
Banished Bull Mitigation Site
County
Orange
Project Coordinates (latitude and longitude)
36.1500 N, 79.0461 W
Planted Acreage (acres of woody stems planted)
8.30
1.1 Directions
The Site Address is 4321 Schley Road, Hillsborough, NC 27278. Currently with no driveway, to access the
site you must park on the side of Schely Road and enter the Site from the Road. Directions to the Site
follow:
From the East
• Take 1-40 W and NC-147 N through Durham to 1-85 South
• Take exit 170 from 1-85 South and Turn Right at the first light onto Pleasant Green Road.
• Proceed 10 miles on Pleasant Green Rd. which becomes Schley Rd after the intersection
with St. Marys Rd.
• Site will be located on the left.
From the West
• Take 1-40 E/1-85 N Past Burlington and Graham, NC
• Take exit 161 from 1-40 E/1-85 N to US-70 East. Follow 3 miles to Hillsborough.
• Turn left on NC-86 and follow for 0.5miles.
• Turn Right on NC-57 N. Follow 5 miles
• Turn Right on Schley Rd and Follow for 1 mile. Site will be on the Right
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 3 Bank Parcel Development Plan
2.0 Existing Conditions
2.1 Watershed Setting
Table 2. provides watershed details for the Site. The project is located within the NC Division of
Mitigation Services (DMS) Targeted Local Watershed (TLW) for the Neuse River Basin 14-digit Hydrologic
Unit (HU) 03020201020020 and NC Division of Water Resources (DWR) Subbasin 03-04-01.
Figure 1 provides an overview of the Service Area for the Site. The Site is located in the Upper Falls Lake
Watershed. Falls Lake, a Water Supply -IV classification, has been designated a nutrient Sensitive Water
by the Division of Water Resources and is the subject of the Falls Lake Nutrient Management Strategy
passed by the Environmental Management Commission in 2011. The 2009 DWR Neuse River Basinwide
Water Quality Plan lists major stressors in Subbasin 03-04-01 to be total suspended solids (TSS),
nutrients, and chlorophyll a (NC DEQ 2009).
Table 2. Banished Bull Watershed Setting
8-Digit HUC
03020201
Falls Lake Sub -basin
Upper Falls Lake
DWR Sub -basin
03-04-01
NC DMS 14-digit TLW HUC
03020201020020
12 Digit HUC / Name
030202010202 / South Fork Little River
2.2 Hydrologic Setting
Table 3 and Figure 2 provide details hydrologic features on and adjacent to the Site. NC DWR visited the
site on January 28, 2020 and completed an on -site stream/buffer determination of hydrologic features
(See Appendix 2). NC DWR rated the mainstem channel (mainstem) that flows northeast across the site
to the South Fork of the Little River as perennial. NC DWR also rated as ephemeral an unnamed tributary
that flows north to the mainstem.
Appendix 3 provides the Site Viability Assessment provided from NC DWR on eligibility for Buffer credit
and Nutrient Offset. Site viability coincided with the Division's previously described stream
determination. The Division evaluated areas from the Top of Bank and landward 200 feet from the
mainstem perennial and unnamed ephemeral feature for buffer mitigation pursuant to 15A NCAC 02B
.0295 and nutrient offset credits pursuant to 15A NCAC 02B .0240. The Division found that buffer and
riparian areas adjacent to both the mainstem and ephemeral channel were eligible for Buffer Credit and
Nutrient Offset, respectively. Areas adjacent to both these features at the Site are within in the planned
conservation easement.
Restoration activities on streams at the Site will directly and indirectly address stressors identified in the
Basinwide Water Quality Plan by reducing nutrient input to streams, fencing cattle from streams,
reducing hoof sheer of stream banks, and restoring a forested buffer. These activities will slow surface
runoff and provide shade to streams which, when combined, should reduce sediment and nutrient loads
that contribute to the production of chlorophyll a in downstream waters. In addition, project activities
will provide and improve instream and terrestrial (riparian) habitats while improving stream stability and
overall hydrology.
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 4 Bank Parcel Development Plan
Table 3. Stream Information
Mainstem Stream Name
Unnamed tributary to South Fork Little River
South Fork Little River Stream
Index @ Junction with the
site's Mainstem
27-2-21-2
Stream Index Use Classification
WS-II; HQW, NSW
2.3 Physiography and Soils
The Site is located in a portion of the Piedmont known as the Carolina Slate Belt (NCGS, 1985). The rocks
in this region are primarily volcanic and sedimentary rocks with a slaty cleavage. Coarse -grained
intrusive granites comprise the rest of the Slate Belt rocks (Rogers, 2006). The geology of this area has
important effects on Site hydrology, hydraulics, geomorphology, and sediment transport. Streams in the
Carolina Slate Belt tend to go dry during late summer and early fall as a result of geologic, topographic,
and climatic factors (Giese and Mason (1993). Several rocky outcrops along the mainstem of the channel
provide grade control to the channel preventing channel incision.
Table 4 lists soils present on the site according to the USDA Web Soils Survey for Orange County.
Figure 3 provides the mapped sols of the site. Silty loam soils are found throughout the site
predominantly with Herndon (HrB) followed by Georgeville (GeC) and Orange (Or). Soils on the
site are either well drained or mostly well drained due to soil characteristics and slopes.
Table 4. Mapped types and descriptions (Source: USDA 2020)
Mapped Soil Series
Project
Hydric
Hydrologic
Soil Description
Area (%)
Soil
Soil Group
HrB - Herndon silt loam,
Well drained silt and silty clay loam
2 to 6 percent slopes
67
No
B
soils whose parent material is
weathered phyllite.
GeC - Georgeville silt
Well drained silt and silty clay loam.
loam 6 to 10 percent
22
No
B
Deep soils whose parent material is
slopes
weathered argillite, phyllite and/or
sericite schist.
Or — Orange silt loam, 0
Moderately well drained silt and silty
to 3 percent slopes
11
No
clay loam whose parent material is
D
weathered monzonite and/or igneous
and metamorphic rock.
2.4 Land Use/Cover
Land use and land cover were reviewed both on site and through review of aerial photography
dating back to 1975 (See Figure 4 — Historic imagery). Between 1975 and 1993, land uses
included hay production, pasture for cattle, and commercial chicken production using a confined
animal feeding operation. Confined animal operation structures were removed between 1993
and 1998 and the site has alternated between hay production and pasture for cattle since.
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 5 Bank Parcel Development Plan
Currently, the site is used as non -forested pasture for cattle.
Upstream land use is a mix of forest and cattle pasture and has remained consistent since 1975.
The adjacent parcel to the west of the Site is currently owned by Orange County as future
parkland.
Appendix 4 provides recent photos of the site.
2.5. Landscape Communities
Figure 5 provides a map of the site using aerial photography from 2017, the most current aerial
photography available. Currently, both the mainstem and UT to mainstem lack riparian buffer
and forested riparian area. Land use within 200 feet of the stream has functioned as cattle
pasture going back to before 1975. Fescue and a mix of other herbaceous vegetation are
predominant within the riparian area.
A small number of mature trees are present at the lower end of the mainstem. Tree species
include red maple (Acerrubrum), sweetgum (Liquidambarstyraciflua), and Eastern Red Cedar
(Juniperus virginiana).
As noted in NC DWR's Site Viability, areas along the mainstem were noted for needing "minor
bank stabilization".. Stabilization measures for these areas will be detailed in Section 4. Bedrock
outcrops along the mainstem help provide grade control at the site and provide some stability
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 6 Bank Parcel Development Plan
3.0 Regulatory Considerations
3.1 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 for Orange County, NC (accessed 2/7/2020) lists the
following three endangered species in Orange County (USFWS 2020):
• Dwarf wedgemussel (Alasmidonta heterodon) - Endangered
• Michaux's sumac (Rhus michauxii) - Endangered
• Smooth coneflower (Echinacea laevigata) - Endangered
In addition to the USFWS database, the NC Natural Heritage Program (NHP) was contacted to
determine whether previously cataloged occurrences of protected species were mapped both on
the site and within one mile. A copy of the correspondence with the NHP is included in Appendix
4.
According to the NHP, no Element Occurrences are documented on the site. Within one mile, of
the project, the following threatened or Endangered species were noted (NCNHP 2/11/20).
• Atlantic Pigtoe - Mollusk (Fusconaia masoni) - Endangered
Creeper - Mollusk (Strophitus undulates)- Threatened
• Notched Rainbow - Mollusk (Villosa constricta) - Threatened
Based on site investigations, no impacts to federally protected species are anticipated or state
endangered or threatened species are anticipated as a result of the proposed project.
3.2 Cultural Resources
Cultural resources include historic and archeological resources located in or near the project parcel. The
State Historic Preservation Office (SHPO) has been notified of the proposed project and confirmed that
their database contains no record of important cultural resources in the easement area. A copy of their
review and response letter is provided in Appendix 5.
3.3 FEMA Floodway / Floodplain Impacts
Banished Bull mainstem and UT1 are not FEMA mapped streams within the Site, as illustrated on
the Orange County Flood Insurance Rate Map Panel 9887 and in Figure 6.
4.0 Riparian Restoration Plan
4.1 Site Preparation
Both the Buffer (Top of Bank to 50-feet landward) and the adjacent riparian areas to 200 feet are
predominantly fescue for pasture. Preparation within these areas will begin with spraying
undesired fescue with an aquatic -safe glyphosate herbicide in the Fall of 2020. Pesticide
application will be conducted by a licensed application specialist and logs will be available upon
request.
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 7 Bank Parcel Development Plan
Approximately two weeks after herbicide treatment, the site will be sowed with a temporary and
native permanent seed mix (see Table 5). The native grasses and forbs will benefit soils by
reducing erosion, increasing their organic matter and carbon storage, promoting infiltration and
water -holding capacity, and improving the overall soil structure. These benefits have the net
effect of supporting the growth and vitality of the planted seedlings.
Soil Testing will be completed to determine the need to provide soil amendments (e.g., lime). No
soil disking is planned as compaction of the site has been limited by rotational grazing and
alternating usage between hay production and seasonal rotation of cattle.
Bare root plantings and live stakes shall be planted according to the planting plan. Once planting
is complete, the riparian restoration areas will be surveyed and completed planting information
will be provided in the As -Built report.
Table 5. Selected Native Seed Mix (Note: Species availability may result in the substitution of
regionally appropriate native species.)
Permanent seed mix (10 lbs./ acre)
Scientific Name
Common Name
% of Total
grostis alba
Red Top
10
Elymus virginicus
Virginia Wild Rye
15
Panicum virgatum
Switchgrass
15
Tripsicum dactyloides
Gamma grass
5
Polygonum pennsylvanicum
Pennsylvania smartweed
5
Schizachyrium scoparium
Little bluestem
10
Juncus effusus
Soft rush
5
Bidens aristosa
Tickseed
5
Coreopsis lanceolata
Lance -leaved coreopsis
10
Panicum clandestinum
Deer tongue
10
ndropogon gerardii
Big bluestem
5
Sorgastrum nutans
Indiangrass
5
100
Temporary Seed mix (5 Ibs/acre)
Rye Grain
100
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 8 Bank Parcel Development Plan
4.2 Planting Plan
The revegetation plan for the buffer and riparian area restoration area will include temporary
and permanent seeding, planting bare root trees, and targeted use of live stakes on bare stream
banks. Table 6 lists the woody species planned for the site and their amounts. Bare root
seedlings will be planted on nine -foot spacing to achieve a density of 550 trees per acre. The
specific species composition to be planted is selected based on the community type, observation
of occurrence of species in riparian areas adjacent to the Parcel, and best professional
judgement on species establishment and anticipated site conditions in the early years following
project implementation. Species availability may result in the substitution of regionally
appropriate native species.
Table 6. Selected Tree Species (Note: Species availability may result in the substitution of regionally
appropriate native species.)
Tree Species
Scientific name
Common name
% of Total
Canopy/Subcanopy
Betula nigra
River Birch
700
Canopy
Celtis occidentalis
Hackberry
500
Canopy
Diospyros virginina
Persimmon
200
Canopy
Lidodendron tulipifera
Tulip poplar
700
Canopy
Nyssa sylvatica
Black gum
500
Canopy
Platanus occidentalis
Sycamore
700
Canopy
Quercus alba
White oak
500
Canopy
Quercus michauxii
Swamp Chestnut oak
500
Canopy
Quercus falcata
Southern red oak
200
Canopy
Quercus phellos
Willow oak
200
Canopy
Total
4700
Live Stakes
Salix nigra
Black Willow
100
Subcanopy
Corpus amonmum
Silky dogwood
100
Subcanopy
Total
200
The buffer and adjacent riparian area in the conservation easement will be planted up to 200
feet back from the tops of banks of the stream and ephemeral channel with appropriate native
species observed in the surrounding forest and species known to occur in similar environmental
settings. High -tensile electrified wire fencing will be installed around the conservation area to
prevent entry by cattle. A seed mix detailed in the Site Preparation Section 4.1 will also be
applied to provide temporary and permanent ground cover.
Figure 7 identifies how species listed in Table 6 will be planted at the site. A seasonally a small,
saturated area near the western side of the Site will be targeted for planting of species more
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 9 Bank Parcel Development Plan
tolerant of wet soils (e.g. River birch, Sycamore, Willow Oak, Tulip Poplar and live stakes), Bare
root tree planting at the site will be planted at a density sufficient to meet the performance
standards outlined in the Rule 15A NCAC 02B 0295 of 260 trees per acre at the end of five years.
No one tree species will be greater than 50% of the established stems. Planting is planned
between December 2020 and March 2021.
As noted in DWR's Site Viability Letter, areas along the stream channel need "minor bank
stabilization". Likely instability reasons relate to impacts from cattle (e.g., trampling banks,
grazing, and hoof -shear) and the lack of a wooded riparian area). To improve streambank
conditions in affected areas, live stake planting materials will be used to provide vegetative
coverage, riparian habitat, and stream bank conditions (See Figure 7 for staking areas).
4.3 Easement Boundaries
Easement boundaries will be identified in the field to ensure clear distinction between the Site and
adjacent properties. Boundaries may be identified by marker, bollard, post, tree- blazing, or other
means as allowed by site conditions and/ or conservation easement. Signs/placards providing contact
information for the easement holder will be posted at the site providing the easement holders contact
information. Boundary markers disturbed, damaged, or destroyed will be repaired and/ or replaced on
an as needed basis. During the monitoring period, the easement boundaries will be checked annually by
the Bank Sponsor as part of monitoring activities with the status of the boundaries reported in annual
monitoring reports.
The easement will be divided by a gated path and forded stream crossing to transport cattle
between pastures adjacent to the easement. The location of the crossing was originally
considered outside the easement along the western side of the Site. This location, however, was
dismissed in favor of the one currently shown to reduce Zone 1 and 2 buffer impacts that would
have occurred from a crossing that followed western boundary.
5.0 Monitoring Pan
5.1 Monitoring Protocol and Success Criteria
Vegetation monitoring and visual assessments will be conducted annually. The first year of monitoring
will not be conducted until at least five months after the initial planting of the riparian areas. Buffer and
riparian area vegetation monitoring will be based on the "Carolina Vegetation Survey -Ecosystem
Enhancement Program Protocol for Recording Vegetation: Level 1- 2 Plot Sampling Only Version 4.2".
Eight vegetation plots will be installed a minimum of 100 meters squared in size and will cover at least
two percent of the planted riparian area (8.29 acres). These plots will be randomly placed throughout
the planted riparian area and will be representative of where riparian buffer credit and nutrient offset
credit are being generated. For all trees in the monitoring plots, the following data will be recorded
annually and provided in the monitoring reports to the NC DWR: species, common name, height,
planting date (or volunteer), and grid location. All stems in plots will be flagged with flagging tape.
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 10 Bank Parcel Development Plan
Photos will be taken at all vegetation plot origins each monitoring year and be provided in the annual
reports.
The measures of vegetative success for the Project will be the survival of at least four native hardwood
tree species, where no one species is greater than 50 percent of the established stems, established at a
density of at least 260 planted trees per acre at the end of Year 5. Desirable native volunteer species
may be included to meet the performance standards as determined by NC Division of Water Resources
DWR).
A visual assessment of the conservation easement will also be performed each year to confirm:
• No encroachment has occurred;
• No invasive species in areas where invasive species were treated,
• Diffuse flow is being maintained in the conservation easement areas; and
• There has not been any cutting, clearing, filling, grading, or similar activities that would
negatively affect the functioning of the buffer.
WINC must monitor the Site for a minimum of five years, or until NC DWR approval.
5.2. Adaptive Management Plan and Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions taken by the bank sponsor
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.
If mowing is deemed necessary by WINC during the monitoring period, WINC 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, WINC will develop a species - specific control plan.
6.0 Long Term Management Plan
WINC acting as the Bank Sponsor, will record a Conservation Easement with the Orange County Register
of Deeds Office for this site. The Conservation Easement will be assigned to Unique Places to Save. All
monitoring activities, including periodic inspections of the site to ensure that restrictions required in the
Conservation Easement are upheld, are the responsibility of WINC until the Bank Parcel is transferred to
Unique Places to Save . Endowment funds required to uphold the Banished Bull Bank Parcel
conservation easement in perpetuity shall be negotiated prior to site transfer to Unique Places to Save .
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 Parcel during the initial five-year monitoring phase. These activities will be conducted in accordance
with the terms and conditions of the Banished Bull Riparian Buffer Mitigation Banking Instrument made
and entered into by WINC and DWR.
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 11 Bank Parcel Development Plan
7.0 Financial Assurance
The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one
hundred percent (100 percent) 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 percent 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 percent 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.
8.0 Mitigation Potential
Table 7 details the potential to generate riparian buffer and nutrient credit from the site. An area of 8.29
acres at the site is being restoration with credits being divided between Buffer Mitigation (206,601ft2 or
4.743 acres) and Nutrient Offset (154,666 ft2 or 3.551 acres). Applying DWR's credit generation for
calculating nutrient reduction for riparian restoration of agricultural land detailed in the Site's MBI, the
proposed riparian restoration would generate reductions of 8070.677 lbs. nitrogen and 519.814 lbs.
phosphorus.
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 12 Bank Parcel Development Plan
Table 7. Banished Bull, DWR# 2020-0047, Project Credits
Neuse 03020201 - Upper Falls Lake
Project Area
N Credit Conversion Ratio (ftZ/pound)
P Credit Conversion Ratio (ftZ/pound)
19.16394
297.54099
Credit Type
Location
Subject? (enter
NO if
ephemeral or
ditch 1
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
Z
Total Area (ft)
Total (Creditable)
Area of Buffer
Z
Mitigation (ft)
Initial Credit
Ratio (x:1)
%Full Credit
Final Credit
Ratio (x:1)
Convertible to
Riparian
Buffer?
Riparian Buffer
Credits
Convertible
to Nutrient
Offset?
Delivered
Nutrient Offset:
N (Ibs)
Delivered
Nutrient
Offset: P (Ibs)
Buffer
Rural
Yes
I / P
Restoration
0-100
Mainstem
182,889
182,889
1
100%
1.00000
Yes
182,889.000
Yes
9,543.411
614.669
Buffer
Rural
I No
Ephemeral
Restoration
0-100
UTto Mainstem
23,712
23,712
1
100%
1 1.00000
Yes
23,712.000
Yes
1,237.342
79.694
Nutrient Offset
Rural
Yes
I / P
Restoration
101-200
Mainstem
141,615
141,615
1
33%
3.03030
No
—
Yes
7,389.660
475.951
Nutrient Offset
Rural
No
Ephemeral
Restoration
101-200
UTto Mainstem
13,051
13,051
1
33%
3.03030
No
—
Yes
681.017
43.863
Totals:
361,268
361,267
Enter Preservation Credits Below
Eligible for Preservation (ft): 68,867
Credit Type
Location
Subject?
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
Total Area (sf)
Total (Creditable)
Area for Buffer
Z
Mitigation (ft )
Initial Credit
Ratio (x:1)
% Full Credit
Final Credit
Ratio (x:1)
Riparian
Buffer Credits
Buffer
Preservation
—
Preservation Area Subtotal (ft): 0
Preservation as % Total Area of Buffer Mitigation: 0.0%
Ephemeral Reaches as %Total Area of Buffer Mitigation: 11.5%
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).
last updated 11/22/2019
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
Credits
Restoration:
206,601
206, 601.000
Enhancement:
0
0.000
Preservation:
0
0.000
Total Riparian Buffer:
206,601
1 206,601.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Square Feet
Credits
Nutrient
Offset:
Nitrogen:
154,666
8,070.677
Phosphorus:
519.814
Table 8 details restoration activities per drainage feature. In accordance with the Consolidated Buffer
Rule 15A NCAC 02B .0295 (o)(7) the area of the mitigation site on ephemeral channel (i.e., 11%) is less
than 25 percent of the total area being proposed for buffer mitigation.
Table 8. Mitigation Area by Drainage Feature- Banished Bull
Riparian Buffer
Restoration Area
Total Area
Total Area
Feature
(ft2)
(Ac)
N
Name
0-100'
Mainstem
182,889
4.20
89%
UT to
Mainstem
23,712
0.54
11%
Total Area
206,602
4.74
100%
The Sponsor will maintain the following three credit ledgers:
• Buffer restoration credit ledger;
• Nitrogen nutrient offset credits; and
• Phosphorus nutrient offset credit ledger
Pursuant to the Site's MBI, the transfer any nutrient offset credits in 101-200' to buffer mitigation
credits is not allowed.
Also, the Sponsor must request and receive approval from NCDWR prior to any credit conversions and
transfers to the credit ledgers. With each conversion and transfer request submitted to the NCDWR, the
Sponsor will provide all updated credit ledgers showing all transactions that have occurred up to the
date of the request.
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 14 Bank Parcel Development Plan
9.0 References
NC DEQ. 2009. Neuse River Basinwide Water Quality Plan. Accessed online
https://deg.nc.gov/about/divisions/water-resources/planning/basin-planning/water-resource-
plans/neuse-2009. Accessed 3/12/20.
NCS State Historic Preservation Office. 2020. North Carolina Listings in the
National Register of Historic Places..http://www.hpo.ncdcr.gov/NR-PDFs.pdf, accessed January
2020
NC North Carolina Natural Heritage Program. 2020. Natural Heritage Element Occurrences. February
2020.
Giese, G.I and Robert R. Mason Jr. 1993. Low -Flow Characteristics of Streams in North Carolina. U.S.
Geological Survey Water Supply Paper 2403.
North Carolina Geological Survey (NCGS), 1985. Geologic map of North Carolina 1:500,000 scale.
Compiled by Philip M. Brown at el. Raleigh, NC, NCGS.
Rogers, John J.W., 2006. The Carolina Slate Belt. In Steponaitis, V.P., Irwin, J.D., McReynolds, T.E., and
Moore, C.R. (Ed.), Stone Quarries and Sourcing in the Carolina Slate Belt (pp. 10 — 15). Retrieved from
http://rla.unc.edu/Publications/pdf/ResRep25/Ch2.pdf
U.S. Department of Agriculture. 2015. Web Soil Survey Report. Accessed online 2/15/20
http://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm
U.S. Fish and Wildlife Service. 2012. Endangered and Threatened Species and Species of Concern by
County for North Carolina. Online at http://www.fws.gov/raleigh/species/cntylist/orange.html
(Accessed 2/10/20).
Banished Bull Mitigation Site
DWR Project # 2020-0047 Page 15 Bank Parcel Development Plan
SUPPORTING FIGURES
Figure 1.
Watershed Setting and Service Area
Figure 2.
Project Vicinity Map
Figure 3.
Project Mapped Soils
Figure 4.
Historic Site Conditions
Figure 5.
Existing Conditions
Figure 6.
Flood Hazard Areas
Figure 7.
Site Planting Details
Figure 8.
Mitigation Credit Areas
Z �6i Cr`'
Caswell!
H 'hde,
Person Warren
Vance
--- - --- --------------
Granville Riparian Buffer Halifax
Project Location TAR
I
Service Area
---77L) reek
Upperills
le b rg
dac,(Franklin
f V.,
I -- V 'L Lower R
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Falls Lake Service Area County Boundary Figure 1. Bank Parcel Watershed Setting
Lower Falls Watershed Q Neuse HUC 03020201 and Credit Service Areas.
Upper Falls Watershed
0 5 10 20
Miles Watershed Investments NC
CL
AP
Oldb Place Dr'
Q)
w,
AN
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: f
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e
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or
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01,
Roads I I Figure 2. Site Vicinity Map with
USGS 24k Streams e6w) USGS Topo & Mapped Streams
F-1 Batik Parcel Boundary
0 0.175 0.35 0.7
Miles Watershed Investments NC
Orange County Soil Survey, 1975. ITaE
-IM&
. aw-
HrB
:nB/0?�c �W?),r
Y'
Or
Hr
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Figure 3. Site Soil Conditions N �
Proposed Parcel Boundary WE
Soil Unit Boundaries
erial Photography Date: 2017
S W)
0 400 800
Feet Watershed Investments NC
1975
p.
r . of "7
's
\IN
2010
may..:P
may-
17N
Figure 4. Historic Aerial Photography N
nl� E M&e
Proposed Parcel Boundary 0 400 800 s &_=�TW)
Feet Watershed Investments NC
Stream Identification Property Boundary
Perennial Contours
Ephemeral F-1 Easement Boundary
® Powerline Easement
Figure 5. Existing Conditions
Aerial Photography Date: 2017
250 500
Feet
WATERSHED
Investments
-�-
SR A,
❑lde Place 0r
P
sd
�rgso;�•,Rq
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PFAFa Zone AE: Floodway, 1% Annual Flood Hazard Figure 6. Flood Hazard Areas
- Zones AE: 1% Annual Flood Hazard
0.2% Annual Flood Hazard wNI
ow,
Proposed Parcel Boundary Roads 0 1,000 2,000 4,000
Feet Watershed Investments NC
Seasonally
Saturated
Soils
14
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Fenceline
Perennial Stream
Ephemeral Stream
Easement Boundary
No Credit Area
Stream Channel Area
0-50ft Riparian Buffer Area
51-100ft Riparian Buffer Area
100-200ft Nutrient Offset Area
100' Mainstem Buffer Credit Area
100' Ephemeral Buffer Credit Area
aL2.,
W.
00
'r -.,N.
y
Perennial Buffer ;4n
Credit Area `
Newly Installed High -tensile electrified wire fencin N-
t
rGatediCrossing .� J
Ephemeral Buffer
_--,\ Credit Area
Existing Fence
Figure 8. Proposed Riparian Buffer Mitigation and Nutrient Offset Areas
N 04111,911
Aerial Photography Date: 2017
n, E
0 170 340
Feet S
LIST OF APPENDICES
Appendix 1. Site Protection Instrument
Appendix 2. NC Division of Water Resource Stream Identification Form
Appendix 3. NC Division of Water Resources Site Viability Letter
Appendix 4. Site Photos of Existing Conditions
Appendix 5. NC Natural Heritage Program Project Review
Appendix 6. NC State Historic Program Project Review
Appendix 7. EDR Report
APPENDIX 1
Site Protection Instrument
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of [TBD], by and
between WATERSHED INVESTMENTS NC, LLC ("Grantors"), whose address is and [TBD] ("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 Orange County,
North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein (the
"Property");
WHEREAS, 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: riparian buffer areas adjacent to streams
and drainage -ways. The purpose of this Conservation Easement is to maintain streams and riparian resources
and other natural values of approximately [TBD]_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 Agreement to Establish the Banished Bull Mitigation Banking Instrument in the Neuse
River Basin for Riparian Buffer (MBI) and for the Banished Bull Buffer Mitigation and Nutrient Offset Bank
Parcel Development Package (BPDP), North Carolina Division of Water Resources (NC DWR) Project ID
92020-0047 which was approved by the NCDWR, and will be made and entered into by and between Watershed
Investments NC, LLC, acting as the Bank Sponsor, and the NCDWR. The Banished Bull 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 (to
include any successor agencies) ("Third- Parties"), and may be exercised through the appropriate enforcement
agencies of 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# 92020-0047 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 L 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 Grantors, Grantor's personal representatives, heirs, successors and
assigns, lessees, agents and licensees.
ARTICLE IL 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 intentional 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 rite of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticulture 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 BPDP. Mowing of
invasive and herbaceous vegetation for purposes of enhancing planted or volunteer trees and shrubs approved in
the Mitigation Plan 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 soil. Mowing
activities shall only be performed by Watershed Investments NC and shall not violate any part of Item L in
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.
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 on or within the Conservation Easement Area, 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. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently consists of
[TBD] acres within One [1] parcel. The Grantor may not further subdivide the Conservation Easement Area,
except with the prior written consent of the Grantee. If Grantor elects to further subdivide any portion of the
Conservation Easement Area, Grantor must provide the Grantee the name, address, and telephone number of
new owner(s) of all Conservation Easement Area within the Conservation Easement Area, if different from
Grantor. No subdivision of the Conservation Easement Area shall limit the right of ingress and egress over and
across the Conservation Easement Area for the purposes set forth herein. Further, in the event of any
subdivision of the Conservation Easement Area (whether inside or outside of the Conservation Easement Area)
provision shall be made to preserve not only Grantee's perpetual rights of access to the Conservation Easement
Area, as defined herein, but also Grantee's right of perpetual access to any conservation easements on properties
adjacent to the Conservation Easement Area which form a part of or are included in the Mitigation Plan.
Creation of a condominium or any de facto division of the Conservation Easement Area is prohibited. Lot line
adjustments or lot consolidation without the prior written consent of the Grantee is prohibited. The Grantor may
convey undivided interests in the real property underlying the Conservation Easement Area. The Grantor shall
notify the Grantee immediately of the name, address, and telephone number of any grantee of an undivided
interest in any property within the Conservation Easement Area.
M. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt bikes,
all -terrain vehicles, cars and trucks is prohibited on the Conservation Easement Area other than for temporary or
occasional access by the Grantee, its employees and agents, successors, assigns, and the North Carolina Division
of Water Resources (DWR) for purposes of constructing, maintaining, and monitoring the restoration,
enhancement, and preservation of streams, wetlands, and riparian areas within the Conservation Easement Area.
N. 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. GRANTORS' RESERVED RIGHTS
The Grantor expressly reserves for themselves, their 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 Grantee, its successors and assigns, including
Watershed Investments NC, LLC the right to construct and perform activities related to the restoration,
enhancement, and preservation of streams and riparian areas within the Conservation Easement Area in
accordance with the approved Banished Bull MBI (signed and approved by the DWR [Date TBD]) and the
"Banished Bull BPDP" (approved by the DWR on {Date TBD]) described in the Recitals of this Conservation
Easement.
ARTICLE IV. GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors, and assigns, and the North Carolina Division of Water
Resources (the "DWR"), shall have the right to enter the Property and Conservation Easement Area at all
reasonable times for the purpose of inspecting said Conservation Easement Area to determine if the Grantor, or
their personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions,
and purposes of this Conservation Easement. The Grantee, [TBD] 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, the Grantee and the DWR 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 Grantors 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 orotherwise 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 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 the 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 Grantors' 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. NHSCELLANEOUS
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. Grant or 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 Grantors agree 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 Grantors agree to provide written notice of such transfer at least thirty (60) days prior to the date of
the transfer. The Grantors 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 DWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement are in
gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the event it
transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder
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 Banished Bull MBI and 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 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. If livestock operations will be maintained on the property, Grantor is
responsible for all long-term management activities associated with fencing to ensure livestock do not have
access to the Protected Property. These activities include the maintenance and/or replacement of fence
structures, as deemed necessary by the Grantee, 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 Grantors:
Watershed Investments, NC
Attn: Mike Herrmann
1630 Weatherford Circle
Raleigh, NC 27604
To Grantee:
[Name & Address TBD]
To DWR:
NC Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center,
Raleigh, NC 27699 -1617
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 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 scenic, resource, environmental, and
other natural characteristics of the Conservation Easement Area, and its current use and state of improvement,
are described in the Banished Bull NMI (signed by the DWR on [Date TBD]) and the Banished Bull BPDP
(signed and approved by the DWR on [Date TBD]) 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 Grantors have hereunto set their hands and seals, the day and year first above
written.
Grantor(s) Signature
Sign: (SEAL)
Print:
STATE OF NORTH CAROLINA - COUNTY OF
I, , a Notary Public of _
County, State of
North Carolina, do hereby certify that [Signee TBD] personally appeared before me this day and
acknowledged to me that she voluntarily signed the foregoing instrument for the purposes therein
expressed.
WITNESS my hand and official stamp or seal, this day of [TBD].
Sian:
Print:
My Commission Expires:
- Notary Public
EXHIBIT A
Being certain portions of the property lying and being in Orange County, North Carolina, and more particularly
described as follows:
Those certain portions of the property identified on the tax records as tax parcel numbers (a total of 10.00 acres,
more or less, as determined by computer) as shown on Map 1 of 1 of the SURVEY TITLE, dated DATE and
prepared by SURVEYOR NAME. A copy of the same is hereby attached to this Exhibit for reference. Said
Maps to be subsequently recorded at a later date.
APPENDIX 2
NC Division of Water Resources Stream Identification Form
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Watershed Investments NC, Inc.
Attn: Michael Herrmann
1630 Weatherford Circle
Raleigh, NC 27604
NORTH CAROLINA
Environmental Quality
February 12, 2020
DWR Project # 2020-0047
Orange County
Subject: On -Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0233)
Project Name: Banished Bull
Address / Location: Adjacent to 4211 Schley Rd, Rougemont, NC
Determination Date: January 28, 2020
Dear Mr. Herrmann:
Staff: Niki Maher
On January 28, 2020, Niki Maher of the Division of Water Resources conducted an on -site review of
features located on the subject property at the request of Watershed Investments NC, LLC to
determine the applicability to the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233).
The enclosed map(s) depict the feature(s) evaluated. This information is also summarized in the
table below. Streams that are considered "Subject" have been located on the most recently
published NRCS Soil Survey of Orange County and/or the most recent copy of the USGS Topographic
(at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics
that qualify them to be at least intermittent streams. Features that are considered "Not Subject"
have been determined to not be at least intermittent or not present on the property or not
depicted on the required maps.
This determination only addresses the applicability to the buffer rules and does not approve any
activity within buffers or within waters of the state. There may be other streams or features
located on the property that do not appear on the maps referenced above. Any of the features
on the site may be considered jurisdictional according to the US Army Corps of Engineers and
subject to the Clean Water Act.
The following table addresses the features rated during the DWR site visit:
D E Q North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
N IIRIA -
�xW �r 919.707.9000
DWR # 2020-0047, Banished Bull
Orange County
Page 2 of 4
Feature
E/I/P/ Other
Subject
to Buffer
Start @
Stop @
Depicted
on
Depicted on
ID
Rules
Soil Survey
USGS Topo
Reach 1
Perennial
Yes
South boundary (mid-
East property
yes
Yes
property)
boundary @ Schley Rd
Reach 2
Not present
No
(Pond outfall)
(Reach 1)
yes
Yes
Reach 3
Other
No
West property boundary,
Reach 1
yes
No
(wetland)
near SW corner of parcel
(crenulation)
Reach 4
Ephemeral
No
South property boundary,
Confluence with
no
No
woods in SE quadrant
q
Reach 1
(crenulation)
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 may request a determination by
the Director. An appeal request must be made within sixty (60) calendar days of the date of this
letter to the Director in writing.
If sending via U.S. Postal Service:
DWR 401 & Buffer Permitting Branch
Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
DWR 401 & Buffer Permitting Branch
Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty
(60) calendar days.
This letter only addresses the features on the subject property and within the proposed project
easement and does not approve any activity within buffers or within waters of the state. If you
have any additional questions or require additional information, please call Niki Maher at (919) 707-
3633. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
C�A�Maic Haupt, Acting Supervisor
401 & Buffer Permitting Branch
Enclosures: USGS Topographical Map, NRCS Soil Survey, Site Map
cc: 401 & Buffer Permitting Branch files
Filename: 20200047BanishedBullDetermination 2-7-2020.docx
DWR # 2020-0047, Banished Bull
Orange County
Page 3 of 4
USGS Topo Map- 2019 Caldwell quad
Map attributes are approximately shown
r� r /
---- - - : Rea h 1 — -
Reach 2 �� each 3
Reach 4 ,i
i
,
NCRS Soil Survey- 1977 Orange County Map, Sheet 11
%r;, •�.':✓';.;�,+, .:r :f'r:: fa'',.'+'.••'-•'•:•',.'.':••«�.:' Map attributes are approximately shown
.. .+a r r I a',,, . r «. ?rC ; .. : + . + • . . +. +: r`•:.:.,-, � ,.��, + as . .
. � }' fir' r rr .{'.r rr. fi f . f • f+'+.;:;r'' � { l � r,r .". +`
+�` + • • . >ra+ : , aa. •
«;{: .....
:.. *: �4 +:. t r +r . i +e h. a;. +:: +'.'++.-+'+•r•
ti ti .f:_1:',?tee: a rr .':''r✓7�r ,cr .r,:•+'.. .. ,; �,- ,•✓. ::;'?'
'• a,.+ �r,+ ;. +. ++:. ♦.• ' :•+�: •`•• :..Vag
+: �'11+'r' •+. +' r+ + a�r ° �•✓ • +': -'ate.`+!:1:: a� .. a:
i . -: a +�r ✓r + r }': .«+.a r ♦ ' +` f a',a' r+ �r +
•'�'� �•� .• ,r t .,+ ,r . «r+ • ... r.r .'.•+'s•- . :'. ' : «'«r air a a+. � . i : r.' :'
.'+;r; ;. a a, .� a,rr ; }•.,�, ,. err , . +•• "�•
♦4', • :1'+i �'�r''i', .� a ✓I',;f +•� � .�.' : +J,l+: �+::':r••`=.' ;•(.•r!. =+'�: ' - ,:,. .',•Y , ,` r'� ,
.;a .• :�ah+ Tr . ✓ aka,+ • A •+,r:r�«:•: �a:r ... '.- • ryr +'+.•.+• :' . rr+r
++'. � , ,�+,,e;: a,r 'i . •� - •a+::• �..,1 • .a.•} J.' -r•i r•,:. O• +✓f aY : a'.},+, •,•r.,.�.
'r : Jr�r «,i .•.,-• + - �''•,r �.�:�':',, . r - ? . . •i a + �a.r+:. ems'
Reach 1 ;:.� :••. �:' •;.r+✓f fry;*.
t• .}:,:;... r;:•. : a :'tiaS Reach 2 .:,'.:'✓.:'.. +::'r:• ••j
Reach 3 �'•� =.:-:•:+-+,••••'� ::-' ''}.+,, r«`:
�•: +Reach 4`�;+:-'-��:':+i-:':�:•:�:-:•:•:•+ _
,�.` +.i+rj :•: Oe',QS'a♦:'. i.r la,•: ,:.::1,;.',-.,,.;.'.-:�;•. •.':-:'+'- :•.•_•.'''.•,'_ .:'r,.,,•.• +✓n a;rr
.:+✓ a .ar , •i« . � +a•r , •r+, i ,, • ++,,i ! .,aaf r+.i l;++a• 4 t yr a _ - '... .
+ ., ': {a • : a•.�+ `:r'j :jrr f,',rri.': .':'. 'r� ,ri +'+'r'riYjrf'r",':}}; �♦'*rr:-: ♦ " •+� � �• ,.�: , .
;«'r ;
✓ a++✓.�a ..+. aY++T.',;:.+ a'. -.a✓ +.":,+':: •'".,a;:•.�✓: a' ;�;, �r . , a+'; �S-:i :":�r�,
•. ; :., • � + j 1 r.; :,;..+}'1� :,;. +!� .'. : t;.1t : d ♦'r'.•,`• ,,r-+,� ti . ,.,.!♦,i f 1+'«•;;h;r,... +.!.'+,..
:.a♦,r � + �sY♦�,'ri t �.'*•.:a•�• : i . '-'r :f t-4'a,,`'f'«9t,"r'�,��: :♦:.;.«+- a'a,�:;, r
APPENDIX 3
NC Division of Water Resources Site Viability Letter
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Michael Herrmann
NORTH CAROLINA
Environmental Quality
February 19, 2020
Watershed Investments NC, LLC
1630 Weatherford Circle
Raleigh, NC 27604
(via electronic mail: mherrmann@watershedinvestmentsnc.net)
DWR# 2020-0047
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Banished Bull Site
Adjacent to 4211 Schley Rd, Hillsborough, NC
Neuse 03020201, Upper Falls Lake
Dear Mr. Herrmann,
On December 5, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a
request from you on behalf of Watershed Investments NC, LLC (WINC) for a site visit near the
above -referenced site in the Upper Falls Lake Watershed of the Neuse River Basin within the 8-digit
Hydrologic Unit Code 03020201. The site visit was to determine the potential for riparian buffer
mitigation and nutrient offset within a proposed Easement Boundary, which is more accurately
shown in the attached map labeled "Figure 1". On January 28, 2020, Ms. Merritt performed a site
assessment of the subject site. Staff with WINC were also present.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 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.
D�� North Carolina Department of Environmental Quality I Division of Water Resources
Npna CN;0 nn w
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
P-0--1 +^w0-ft 919.707.9000
Banished Bull Site
Watershed Investments NC, LLC
February 19, 2020
Featune.Classification
'Subject
Riparian Land uses
Buffer
3Nutrient
4,5Mitigation Type Determination
onsite
to
adjacent to Feat;rre
vein riparian areas
-Cred
Offset
Buffer
0-2
Viable
viable
Rule
I
Stream
Yes
Non -forested pasture
Yes
Yes
Restoration Site per 15A NCAC 02B
grazed by cattle.
.0295 (o)(n)
Minor bank stabilization needed where
bank stability is compromised; live
stakes will need to be planted to assist in
bank stability
2
Not present
No
NIA
No
No
NIA
3
Not present
No
NIA
No
No
NIA
4
Ephemeral
No
Non -forested pasture
2Yes
Yes
Restoration Site per 15A NCAC 02B
grazed by cattle.
.0295 (o)(7)
'Subjectivity calls for the features were determined by DWR in correspondence dated February 12, 2020 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 .
2The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per I SA NCAC 02B .0295 (o)(7).
'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
'All features proposed for buffer mitigation or nutrient offset, must have a conservation easement established that includes the tops of
channel banks when being measured perpendicular and landward from the banks, even when no credit may be viable within the 50'
riparian area.
Determinations provided in the table above were made using a proposed easement boundary showing
proposed mitigation areas. Maps representing the proposal for the Site are attached to this letter and
initialed by Ms. Merritt on February 19, 2020. Substantial changes to the proposed easement
boundary could affect the Site's potential to generate buffer and nutrient offset credits.
This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits.
Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to
DWR for written approval prior to conducting any mitigation activities in riparian areas and/or
surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a
proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for
approval prior to any mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
Page 2 of 3
Banished Bull Site
Watershed Investments NC, LLC
February 19, 2020
This viability assessment will expire on February 19, 2022 or upon approval of a mitigation
plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset,
buffer, stream or wetland mitigation plan for this Site.
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
Sincerely,
Mac Haupt, Acting Supervisor
401 and Buffer Permitting Branch
MH/kytn
Attachments: Figure 1, DWR Stream Determination map
cc: File Copy (Katie Merritt)
Page 3 of 3
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APPENDIX 4
Site Photos of Existing Conditions
Photo 1. Mainstem Perennial Stream at Schley Road looking Upstream (Photo Date:
06/20/2020).
Photo 4. Mainstem perennial channel near the project's upstream end looking upstream
(Photo Date: 06/20/2020).
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Photo 6. Ephemeral Unnamed Tributary to Mainstem Stream. Same Location as Photo 5 (Photo
Date: 6/20/2020)
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APPENDIX 5
NC Natural Heritage Program Project Review
W MEN Roy Cooper. Governor
00 0 NC DEPARTMENT OF Susi Hamilton, Secretary
■■ann NATURAL AND CULTURAL RESOURCES
E END Walter Clark, Director, Land and Water 5tewardshfp
NCNHDE-11261
February 11, 2020
Mike Herrmann
Watershed Investments NC
1630 Weatherford Circle
Raleigh, NC 27604
RE. Info Request ID. 18
Dear Mike Herrmann.
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is documented
near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butlerLncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
Q 121 W. JONES STREET PALEIGH. NC 27603 - 1651 MAIL SERVICE CENTER, PALEIGH, NC 27699
OFC 519.707.9120 • FAX 9*.707.9121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Info Request ID. 18
February 11, 2020
NCNHDE-11261
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the
NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present, it may simply mean that
the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project
area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our
database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Ma= ed Ar=Name Owner Owner Type
Triangle Land Conservancy Easement Triangle Land Conservancy Private
Orange County Open Space - Northeast Park Orange County Local Government
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on February 11, 2020; source: NCNHP, Q1 Jan 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 4
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Info Request ID. 18
February 11, 2020
NCNHDE-11261
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last � Element
Group servation Occurrence
Date Rank
Butterfly 34564 Erynnis martialis Mottled Duskywing 1952-07-01 H
Dragonfly or 33764 Somatochlora
Damselfly georgiana
Freshwater 17551 Fusconaia masoni
Bivalve
Freshwater 16425
Bivalve
Freshwater 4619
Bivalve
Vascular Plant 7366
Coppery Emerald
Atlantic Pigtoe
Strophitus undulatus Creeper
Villosa constricts Notched Rainbow
Ranunculus ambigens Water -plantain
Spearwort
2004-Pre
H?
2011-04-26
B
2010-03-23
E
2010-03-23 E
1963-07 H
Accuracy Federal
Status
5-Very ---
Low
5-Very ---
Low
3-Medium Proposed
Threatened
3-Medium ---
3-Medium ---
3-Medium ---
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Reprilentational Rating Collective Rating
NEU/Little River (Orange/Durham) Aquatic Habitat R4 (Moderate) C3 (High)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name wner Owner Type
Triangle Land Conservancy Easement Triangle Land Conservancy Private
Orange County Open Space - Northeast Park Orange County Local Government
State
Global
State
tatus
Rank
Rank
Significantly
G3
S2
Rare
Significantly
G3G4
S2?
Rare
Endangered
G2
S3
Threatened G5 S3
Threatened G3 S3
Special G4 SH
Concern
Historical
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on February 11, 2020; source: NCNHP, Q1 Jan 2020.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4
NCNHDE-11261: Info Request ID: 18
Schley
McKee Schoul Rd
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February 11, 2020
Project Boundary
Buffered Project Boundary
®
NHP Natural Area (NHNA)
®
Managed Area (MAREA)
1:21,921
0 0.175 0.35 0.7 mi
0 0.3 0,6 1.2 km
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEECO, USGS,
FAO, NP5, NRGAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 4 of 4
APPENDIX 6
NC State Historic Preservation Office Project Review
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. I Iamilton
January 28, 2020
Mike Hermann
Watersheds Investment NC
1630 Weatherford Circle
Raleigh, NC 27604
Office of Archives and History
Deputy Secretary Kevin Cherry
Re: Banished Bull Nutrient and Buffer Mitigation Bank Site, 4211 Schley Road, Hillsborough,
Orange County, ER 20-0069
Dear Mr. Hermann:
Thank you for your email of December 27, 2019, 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 919-814-6579 or
environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
J"Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
APPENDIX 7
EDR Report - Excutive Summary and Key Findings
Kirby Valley
Grassy Ridge Road / Schley Road
Hillsborough, NC 27278
Inquiry Number: 5733693.2s
July 30, 2019
6 Armstrong Road, 4th floor
Shelton, CT 06484
(rEDR° Toll Free:800.352.0050
www.edrnet.com
FORM-LBE-CCA
TABLE OF CONTENTS
SECTION
PAGE
Executive Summary-------------------------------------------------------
ES1
Overview Map
2
Detail Map
3
Map Findings Summary----------------------------------------------------
4
Map Findings
8
Orphan Summary---------------------------------------------------------
9
Government Records Searched/Data Currency Tracking
GRA
GEOCHECK ADDENDUM
Physical Setting Source Addendum------------------------------------------
A-1
Physical Setting Source Summary
A-2
Physical Setting SSURGO Soil Map-------------------------------------------
A-5
Physical Setting Source Map
A-13
Physical Setting Source Map Findings----------------------------------------
A-15
Physical Setting Source Records Searched------------------------------------.
PSGR-1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL
ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE,
ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor
should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property. Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other
trademarks used herein are the property of their respective owners.
TC5733693.2s Page 1
EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
GRASSY RIDGE ROAD / SCHLEY ROAD
HILLSBOROUGH, NC 27278
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator
UTM X (Meters):
UTM Y (Meters):
Elevation:
36.1504790 - 36' 9' 1.72"
79.0472890 - 79' 2' 50.24"
Zone 17
675672.9
4002204.5
594 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map: 5947438 CALDWELL, NC
Version Date: 2013
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from: 20140619
Source: USDA
TC5733693.2s EXECUTIVE SUMMARY 1
F- MAPPED SITES SUMMARY
Target Property Address:
GRASSY RIDGE ROAD / SCHLEY ROAD
HILLSBOROUGH, NC 27278
Click on Map ID to see full detail.
MAP RELATIVE DIST (ft. & mi.)
ID SITE NAME ADDRESS DATABASE ACRONYMS ELEVATION DIRECTION
1 MINCEY ROAD MINCEY ROAD DEBRIS Higher 1808, 0.342, SW
5733693.2s Page 2
EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL___________________________ National Priority List
Proposed NPL________________ Proposed National Priority List Sites
NPL LIENS -------------------- Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL__________________ National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY__________ Federal Facility Site Information listing
SEMS_________________________ Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS------------------ Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG------------------- RCRA- Large Quantity Generators
RCRA-SQG------------------- RCRA - Small Quantity Generators
RCRA-CESQG---------------- RCRA - Conditionally Exempt Small Quantity Generator
Federal institutional controls / engineering controls registries
LUCIS_________________________ Land Use Control Information System
US ENG CONTROLS_ _ _ _ _ _ _ _ _ Engineering Controls Sites List
TC5733693.2s EXECUTIVE SUMMARY 3
EXECUTIVE SUMMARY
US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls
Federal ERNS list
ERNS_________________________ Emergency Response Notification System
State- and tribal - equivalent NPL
NC HSDS_____________________ Hazardous Substance Disposal Site
State- and tribal - equivalent CERCL/S
SHWS------------------------- Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF_______________________ List of Solid Waste Facilities
OLI____________________________ Old Landfill Inventory
LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications
State and tribal leaking storage tank lists
LAST__________________________ Leaking Aboveground Storage Tanks
LUST -------------------------- Regional UST Database
INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land
LUST TRUST_________________ State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST____________________ Underground Storage Tank Listing
UST___________________________ Petroleum Underground Storage Tank Database
AST___________________________ AST Database
INDIAN UST__________________ Underground Storage Tanks on Indian Land
State and tribal institutional control / engineering control registries
INST CONTROL_ _ _ _ _ _ _ _ _ _ _ _ _ _ No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
VCP___________________________ Responsible Party Voluntary Action Sites
INDIAN VCP__________________ Voluntary Cleanup Priority Listing
State and tribal Brownfields sites
BROWNFIELDS______________ Brownfields Projects Inventory
FAQQIII 1101kiV 0Oki LTA I:NkiIkTAI=I,kIFA0N=1901NIR
Local Brownfield lists
US BROWNFIELDS----------- A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
SWRCY_______________________ Recycling Center Listing
TC5733693.2s EXECUTIVE SUMMARY
EXECUTIVE SUMMARY
HIST LF_______________________ Solid Waste Facility Listing
INDIAN ODI___________________ Report on the Status of Open Dumps on Indian Lands
DEBRIS REGION 9----------- Torres Martinez Reservation Illegal Dump Site Locations
ODI___________________________ Open Dump Inventory
IHS OPEN DUMPS___________ Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL_________________ Delisted National Clandestine Laboratory Register
US CDL_______________________ National Clandestine Laboratory Register
Local Land Records
LIENS 2_______________________ CERCLA Lien Information
Records of Emergency Release Reports
HMIRS________________________
Hazardous Materials Information Reporting System
SPILLS________________________
Spills Incident Listing
IMD___________________________
Incident Management Database
SPILLS 90____________________
SPILLS 90 data from FirstSearch
SPILLS 80____________________
SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen / NLR _ _ _ _ _
_ _ _ RCRA - Non Generators / No Longer Regulated
FUDS_________________________
Formerly Used Defense Sites
DOD__________________________
Department of Defense Sites
SCRD DRYCLEANERS_______
State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR_______________
Financial Assurance Information
EPA WATCH LIST____________
EPA WATCH LIST
2020 COR ACTION_ _ _ _ _ _ _ _
_ _ _ 2020 Corrective Action Program List
TSCA_________________________
Toxic Substances Control Act
TRIS__________________________
Toxic Chemical Release Inventory System
SSTS--------------------------
Section 7 Tracking Systems
ROD__________________________
Records Of Decision
RMP__________________________
Risk Management Plans
RAATS________________________
RCRA Administrative Action Tracking System
PRP___________________________
Potentially Responsible Parties
PADS_________________________
PCB Activity Database System
ICIS___________________________
Integrated Compliance Information System
FTTS__________________________
FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS_________________________
Material Licensing Tracking System
COAL ASH DOE_ _ _ _ _ _ _ _ _ _ _
_ _ _ Steam -Electric Plant Operation Data
COAL ASH EPA______________
Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER _ _ _ _
_ _ _ PCB Transformer Registration Database
RADINFO ---------------------
Radiation Information Database
HIST FTTS____________________
FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS_____________________
Incident and Accident Data
CONSENT____________________
Superfund (CERCLA) Consent Decrees
INDIAN RESERV_____________
Indian Reservations
FUSRAP______________________
Formerly Utilized Sites Remedial Action Program
UMTRA_______________________
Uranium Mill Tailings Sites
LEAD SMELTERS____________
Lead Smelter Sites
TC5733693.2s EXECUTIVE SUMMARY 5
EXECUTIVE SUMMARY
US AIRS______________________
Aerometric Information Retrieval System Facility Subsystem
US MINES____________________
Mines Master Index File
ABANDONED MINES ---------
Abandoned Mines
FINDS -------------------------
Facility Index System/Facility Registry System
ECHO -------------------------
Enforcement & Compliance History Information
UXO ---------------------------
Unexploded Ordnance Sites
DOCKET HWC----------------
Hazardous Waste Compliance Docket Listing
FUELS PROGRAM___________
EPA Fuels Program Registered Listing
AIRS__________________________
Air Quality Permit Listing
ASBESTOS___________________
ASBESTOS
COAL ASH____________________
Coal Ash Disposal Sites
DRYCLEANERS______________
Drycleaning Sites
Financial Assurance -----------
Financial Assurance Information Listing
NPDES------------------------
NPDES Facility Location Listing
UIC----------------------------
Underground Injection Wells Listing
AOP---------------------------
Animal Operation Permits Listing
PCSRP------------------------
Petroleum -Contaminated Soil Remediation Permits
SEPT HAULERS______________
Permitted Septage Haulers Listing
CCB___________________________
Coal Ash Structural Fills (CCB) Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants
EDR Hist Auto ----------------- EDR Exclusive Historical Auto Stations
EDR Hist Cleaner_____________ EDR Exclusive Historical Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS____________________ Recovered Government Archive State Hazardous Waste Facilities List
RGA LF_______________________ Recovered Government Archive Solid Waste Facilities List
RGA LUST____________________ Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were identified in the following databases
Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on
a relative (not an absolute) basis. Relative elevation information between sites of close proximity
should be field verified. Sites with an elevation equal to or higher than the target property have been
differentiated below from sites with an elevation lower than the target property.
Page numbers and map identification numbers refer to the EDR Radius Map report where detailed
data on individual sites can be reviewed.
Sites listed in bold italics are in multiple databases.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC5733693.2s EXECUTIVE SUMMARY 6
EXECUTIVE SUMMARY
STANDARD ENVIRONMENTAL RECORDS
State and tribal landfill and/or solid waste disposal site lists
DEBRIS: NCDEQ Division of Waste Management Solid Waste Section Temporary Disaster Debris Staging
Site (TDDSS) Locations which are available to be activated in a disaster or emergency.. Disaster Debris Sites
can only be used for temporary disaster debris storage if the site's responsible party activates the site for
use by notifying the NCDEQ DWM Solid Waste Section staff during an emergency
A review of the DEBRIS list, as provided by EDR, and dated 03/19/2019 has revealed that there is 1
DEBRIS site within approximately 0.5 miles of the target property.
Equal/Higher Elevation Address Direction / Distance Map ID Page
MINCEY ROAD MINCEY ROAD SW 1/4 - 1/2 (0.342 mi.) 1
TC5733693.2s EXECUTIVE SUMMARY 7
EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC5733693.2s EXECUTIVE SUMMARY 8
OVERVIEW MAP - 5733693.2S
IV
Target Property
A
Sites at elevations higher than
or equal to the target property
♦
Sites at elevations lower than
the target property
1
Manufactured Gas Plants
National Priority List Sites
Dept. Defense Sites
0 1/4
1/2 1 Mlles
Indian Reservations BIA
Hazardous Substance
Power transmission lines
Disposal Sites
100-year flood zone
500-year flood zone
■
National Wetland Inventory
0
State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Kirby Valley CLIENT: Mike Herrmann
ADDRESS: Grassy Ridge Road / Schley Road CONTACT: Mike Herrmann
Hillsborough NC 27278 INQUIRY #: 5733693.2s
LAT/LONG: 36.150479 / 79.047289 DATE: July 30, 2019 9:52 am
Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rel. 2015.
DETAIL MAP - 5733693.2S
Target Property
A
Sites at elevations higher than
or equal to the target property
♦
Sites at elevations lower than
the target property
1
Manufactured Gas Plants
i
Sensitive Receptors
National Priority List Sites
Dept. Defense Sites
0 1/16 1/9 1/4 Mlles
Indian Reservations BIA Hazardous Substance
100-year flood zone Disposal Sites
500-year flood zone
National Wetland Inventory
0 State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Kirby Valley CLIENT: Mike Herrmann
ADDRESS: Grassy Ridge Road / Schley Road CONTACT: Mike Herrmann
Hillsborough NC 27278 INQUIRY #: 5733693.2s
LAT/LONG: 36.150479 / 79.047289 DATE: July 30, 2019 9:52 am
Copyright �o 2019 EDR, Inc. (,) 2015 TonnTom Rai. 2015.
MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database (Miles) Property
< 1/8
1/8-1/4
1/4-1/2
1/2 - 1
> 1
Plotted
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL 1.000
0
0
0
0
NR
0
Proposed NPL 1.000
0
0
0
0
NR
0
NPL LIENS 1.000
0
0
0
0
NR
0
Federal Delisted NPL site list
Delisted NPL 1.000
0
0
0
0
NR
0
Federal CERCLIS list
FEDERAL FACILITY 0.500
0
0
0
NR
NR
0
SEMS 0.500
0
0
0
NR
NR
0
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE 0.500
0
0
0
NR
NR
0
Federal RCRA CORRACTS facilities list
CORRACTS 1.000
0
0
0
0
NR
0
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF 0.500
0
0
0
NR
NR
0
Federal RCRA generators list
RCRA-LQG 0.250
0
0
NR
NR
NR
0
RCRA-SQG 0.250
0
0
NR
NR
NR
0
RCRA-CESQG 0.250
0
0
NR
NR
NR
0
Federal institutional controls /
engineering controls registries
LUCIS 0.500
0
0
0
NR
NR
0
US ENG CONTROLS 0.500
0
0
0
NR
NR
0
US INST CONTROL 0.500
0
0
0
NR
NR
0
Federal ERNS list
ERNS 0.001
0
NR
NR
NR
NR
0
State- and tribal - equivalent NPL
NC HSDS 1.000
0
0
0
0
NR
0
State- and tribal - equivalent CERCLIS
SHWS 1.000
0
0
0
0
NR
0
State and tribal landfill and/or
solid waste disposal site lists
SWF/LF 0.500
0
0
0
NR
NR
0
OLI 0.500
0
0
0
NR
NR
0
DEBRIS 0.500
0
0
1
NR
NR
1
LCID 0.500
0
0
0
NR
NR
0
TC5733693.2s Page 4
MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database (Miles) Property
< 1/8
1/8-1/4
1/4-1/2
1/2 - 1
> 1
Plotted
State and tribal leaking storage tank lists
LAST 0.500
0
0
0
NR
NR
0
LUST 0.500
0
0
0
NR
NR
0
INDIAN LUST 0.500
0
0
0
NR
NR
0
LUST TRUST 0.500
0
0
0
NR
NR
0
State and tribal registered storage tank lists
FEMA UST 0.250
0
0
NR
NR
NR
0
UST 0.250
0
0
NR
NR
NR
0
AST 0.250
0
0
NR
NR
NR
0
INDIAN UST 0.250
0
0
NR
NR
NR
0
State and tribal institutional
control / engineering control registries
INST CONTROL 0.500
0
0
0
NR
NR
0
State and tribal voluntary cleanup sites
VCP 0.500
0
0
0
NR
NR
0
INDIAN VCP 0.500
0
0
0
NR
NR
0
State and tribal Brownfields sites
BROWNFIELDS 0.500
0
0
0
NR
NR
0
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS
0.500
Local Lists of Landfill / Solid
Waste Disposal Sites
SWRCY
0.500
HIST LF
0.500
INDIAN ODI
0.500
DEBRIS REGION 9
0.500
ODI
0.500
IHS OPEN DUMPS
0.500
Local Lists of Hazardous waste /
Contaminated Sites
US HIST CDL
0.001
US CDL
0.001
Local Land Records
LIENS 2
0.001
Records of Emergency Release Reports
HMIRS
0.001
SPILLS
0.001
I M D
0.500
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0 NR
NR
NR
NR 0
0 NR
NR
NR
NR 0
0 NR
NR
NR
NR 0
0 NR
NR
NR
NR 0
0 NR
NR
NR
NR 0
0 0
0
NR
NR 0
TC5733693.2s Page 5
MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database
(Miles) Property
< 1 /8
1/8- 1 /4
1/4- 1 /2
1/2- 1
> 1
Plotted
SPILLS 90
0.001
0
NR
NR
NR
NR
0
SPILLS 80
0.001
0
NR
NR
NR
NR
0
Other Ascertainable Records
RCRA NonGen / NLR
0.250
0
0
NR
NR
NR
0
FUDS
1.000
0
0
0
0
NR
0
DOD
1.000
0
0
0
0
NR
0
SCRD DRYCLEANERS
0.500
0
0
0
NR
NR
0
US FIN ASSUR
0.001
0
NR
NR
NR
NR
0
EPA WATCH LIST
0.001
0
NR
NR
NR
NR
0
2020 COR ACTION
0.250
0
0
NR
NR
NR
0
TSCA
0.001
0
NR
NR
NR
NR
0
TRIS
0.001
0
NR
NR
NR
NR
0
SSTS
0.001
0
NR
NR
NR
NR
0
ROD
1.000
0
0
0
0
NR
0
RMP
0.001
0
NR
NR
NR
NR
0
RAATS
0.001
0
NR
NR
NR
NR
0
PRP
0.001
0
NR
NR
NR
NR
0
PADS
0.001
0
NR
NR
NR
NR
0
ICIS
0.001
0
NR
NR
NR
NR
0
FTTS
0.001
0
NR
NR
NR
NR
0
MLTS
0.001
0
NR
NR
NR
NR
0
COAL ASH DOE
0.001
0
NR
NR
NR
NR
0
COAL ASH EPA
0.500
0
0
0
NR
NR
0
PCB TRANSFORMER
0.001
0
NR
NR
NR
NR
0
RADINFO
0.001
0
NR
NR
NR
NR
0
HIST FTTS
0.001
0
NR
NR
NR
NR
0
DOT OPS
0.001
0
NR
NR
NR
NR
0
CONSENT
1.000
0
0
0
0
NR
0
INDIAN RESERV
1.000
0
0
0
0
NR
0
FUSRAP
1.000
0
0
0
0
NR
0
UMTRA
0.500
0
0
0
NR
NR
0
LEAD SMELTERS
0.001
0
NR
NR
NR
NR
0
US AIRS
0.001
0
NR
NR
NR
NR
0
US MINES
0.250
0
0
NR
NR
NR
0
ABANDONED MINES
0.250
0
0
NR
NR
NR
0
FINDS
0.001
0
NR
NR
NR
NR
0
ECHO
0.001
0
NR
NR
NR
NR
0
UXO
1.000
0
0
0
0
NR
0
DOCKET HWC
0.001
0
NR
NR
NR
NR
0
FUELS PROGRAM
0.250
0
0
NR
NR
NR
0
AIRS
0.001
0
NR
NR
NR
NR
0
ASBESTOS
0.001
0
NR
NR
NR
NR
0
COAL ASH
0.500
0
0
0
NR
NR
0
DRYCLEANERS
0.250
0
0
NR
NR
NR
0
Financial Assurance
0.001
0
NR
NR
NR
NR
0
NPDES
0.001
0
NR
NR
NR
NR
0
UIC
0.001
0
NR
NR
NR
NR
0
AOP
0.001
0
NR
NR
NR
NR
0
PCSRP
0.500
0
0
0
NR
NR
0
SEPT HAULERS
0.001
0
NR
NR
NR
NR
0
TC5733693.2s Page 6
MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database (Miles) Property
< 1/8
1/8-1/4
1/4-1/2
1/2 - 1
> 1
Plotted
CCB 0.500
0
0
0
NR
NR
0
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP 1.000
0
0
0
0
NR
0
EDR Hist Auto 0.125
0
NR
NR
NR
NR
0
EDR Hist Cleaner 0.125
0
NR
NR
NR
NR
0
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS 0.001
0
NR
NR
NR
NR
0
RGA LF 0.001
0
NR
NR
NR
NR
0
RGA LUST 0.001
0
NR
NR
NR
NR
0
- Totals -- 0
0
0
1
0
0
1
NOTES:
TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
TC5733693.2s Page 7
Map ID MAP FINDINGS
Direction
Distance
Elevation Site
1
MINCEY ROAD
SW
MINCEY ROAD
1/4-1/2
LITTLE RIVER TOWNSHIP, NC
0.342 mi.
1808 ft.
Relative:
DEBRIS:
Higher
IDS Number:
DS68-003
Actual:
Size of Site:
5.28 Acres
630 ft.
Type of Debris:
YW/LC
Contact:
Robert Williams
Contact Phone:
919-968-2788
Second Contact:
Bruce Woody
Second Contact Phone:
919-358-0479
Confirm Year:
2016
Status:
Not Active
Latitude:
36.14488
Longitude:
-79.05245
EDR ID Number
Database(s) EPA ID Number
DEBRIS S122874145
N/A
TC5733693.2s Page 8