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Project Name: Banished Bull Buffer and Nutrient Offset
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Michael Herrmann

ASBUILT & BASELINE MONITORING REPORT
Banished Bull Buffer and Nutrient Offset Bank Parcel
Falls Lake Watershed
Neuse River Basin HUC 03020201
Orange County, NC
DWR# 2020-0047
JUNE 2021
Prepared by:
Axiom Environmental, Inc.
218 Snow Avenue
Raleigh, NC 27603
Phone: [phone]
Prepared for:
Watershed Investments NC, LLC
1630 Weatherford Circle
Raleigh, NC 27604
Phone: [phone]
i
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
TABLE OF CONTENTS
1.0 INTRODUCTION.....................................................................................................................................................1
2.0 PROJECT LOCATION .............................................................................................................................................1
2.1 Land Use............................................................................................................................................................2
2.2 Historic Vegetation...........................................................................................................................................2
3.0 PROJECT PLANTING PLAN ..................................................................................................................................2
3.1 Riparian Restoration Activities.......................................................................................................................2
3.2 Easement Boundaries.......................................................................................................................................3
4.0 MITIGATION POTENTIAL ....................................................................................................................................3
5.0 PROJECT MONITORING AND PERFORMANCE STANDARDS ..........................................................................4
5.1 Success Criteria..................................................................................................................................................4
5.2 Project Monitoring Plan...................................................................................................................................4
5.3 Adaptive Management Plan............................................................................................................................4
5.4 Long Term Management Plan........................................................................................................................5
6.0 FINANCIAL ASSURANCE.......................................................................................................................................5
7.0 REFERENCES ..........................................................................................................................................................7
APPENDICES
APPENDIX A. GENERAL FIGURES AND TABLES
Figure 1. Site Location
Figure 2. Current Conditions Plan View
Figure 3. Component and Asset Map
As-built Survey – Sheets 1-3
Table 1. Project Credits
Table 2. Project Activity and Reporting History
Table 3. Project Contacts Table
Table 4. Project Baseline Information and Attributes
APPENDIX B. BASELINE VEGETATION DATA
Table 5. Planting List
Table 6. Riparian Buffer Vegetation Totals
Table 7. Planted and Total Stems by Plot and Species
Table 8. Seed Mix
Vegetation Plot Photographs
Herbicide Application Logs
Soil Report
APPENDIX C. DWR STREAM DETERMINATION
APPENDIX D. CONSERVATION EASEMENTS
APPENDIX E. DIVISION OF WATER RESOURCE PROJECT VIABILITY LETTER
1
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
1.0 INTRODUCTION
Watershed Investments NC (Sponsor) is pleased to provide the NC Division of Water Resources (DWR) this
Asbuilt & Baseline Monitoring Report for the Banished Bull Mitigation Site (Site). The purpose of this
project is to generate Falls Lake riparian buffer restoration mitigation credits as well as nutrient offset credits.
The Site is included in the Banished Bull Mitigation Banking Instrument (MBI) for Riparian Buffer Mitigation
and Nutrient Offset Credits signed between Watershed Investments NC, LLC and the NC Division of Water
Resources (DWR) effective on November 17th, 2020. The MBI is in accordance with 15A NCAC 02B .0295
(Temporary Consolidated Buffer Mitigation Rule, effective October 24, 2014) and 15A NCAC 02B .0240
(Nutrient Offset Payments Rule).
The Site encompasses 8.72 acres of land along unnamed tributaries to South Fork Little River and is located
in Orange County. Project information is included in tables in Appendix A.
Project Information
Project Name Banished Bull Mitigation Site
County Orange
Project Coordinates 36.1500, -79.0461
Planted Acreage 8.72 acres
Conservation easements were placed over the Site June 21st, 2021 and recorded at the Orange County
Register of Deeds.
NC DWR visited the site on January 28, 2020 and completed determination of hydrologic features (See
Appendix C). 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.
The project has restored forest adjacent to surface water features and fenced out cattle to reduce nutrients
that flow into the Site, and ultimately Falls Lake. The project will have ancillary benefits that include reducing
sediment runoff, reducing nutrients to streams through agricultural runoff, and thus, improving aquatic and
terrestrial habitat. Any nutrient offset or riparian buffer mitigation generated from this Bank Parcel may
offset impacts from development, both existing and proposed, within areas of HUC 03020201.
2.0 PROJECT LOCATION
The Site is located approximately 6 miles northeast of Hillsborough, NC (Figure 1, Appendix A). Surface
water drainage features at the Site are part of the Upper Falls Lake Watershed. The Site is located in the
Neuse River Basin 14-digit United States Geological Survey (USGS) Cataloging Unit 03020201020020 of the
South Atlantic/Gulf Region (North Carolina Division of Water Quality [NCDWQ] Sub-basin Number 03-
04-01).
The Site Address is 4321 Schley Road, Hillsborough, NC 27278. To access the Site, park on the side of
Schley Road and enter from the Road. Directions to the Site follow:
2
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
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 Road and the site is on the Right after approximately 1 mile.
2.1 Land Use
Based on historical aerial photography, land uses at the Site between 1975 and 1993 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. Prior to construction, the Site was used as non -forested pasture for
cattle. Upstream land uses include 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.
2.2 Historic Vegetation
Prior to construction, both the mainstem and UT to mainstem lack riparian buffer and forested riparian area.
Areas within 200 feet of the stream were used as cattle pasture since before 1975. Fescue and a mix of other
herbaceous vegetation were predominant within the riparian areas. A small number of mature trees were
present at the lower end of the mainstem including red maple (Acer rubrum), sweetgum (Liquidambar styraciflua),
and Eastern Red Cedar (Juniperus virginiana).
3.0 PROJECT PLANTING PLAN
3.1 Riparian Restoration Activities
The riparian restoration was conducted according to the consolidated buffer rule 15A NCAC 02B .0295.
Restored plant communities within the Site will provide stabilization and improve water quality and habitat
within Nutrient Sensitive Waters of Falls Lake. The protected buffer easements were planted up to 200 feet
from the top of the stream bank, with appropriate native species observed in the surrounding forest and
species known to occur in similar environmental settings.
Site preparation began on October 14, 2020. Site preparation included spraying undesirable fescue within the
entire Site with an aquatic-safe glyphosate herbicide. The application was conducted by Ripple EcoSolutions,
a licensed application specialist; logs are included in Appendix B. Additional preparation activities included
application of a temporary and permanent herbaceous seed mix across the site at a rate of 10 lbs per acre
(Table 8, Appendix B). Based on soil reports submitted to the NCDA&CS Agronomic Division no soil
amendments were recommended prior to site planting, the soil report is included in Appendix B.
3
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
Tree planting of bare root stems at the Site included planting 6150 bare root trees and 150 livestakes (Table 5,
Appendix B). Planted stock consisted of high-quality bare root plants approximately 24 inches in height.
Seedlings were hand-planted using KBC planting bars and were pretreated with an endo/ectomycorrhizal
spore root treatment. Livestakes were used to improve streambank conditions in areas affected by cattle
impacts to provide vegetative coverage, riparian habitat, and stream bank conditions.
An adjustment to fencing near the easement crossing resulted in an area less than 0.05 acres with lower
density planting. Supplemental planting of this area with 1-gallon native hardwood plants consistent with
those in Table 5 will occur in late 2021.
3.2 Easement Boundaries
A conservation easement was secured along with access easements necessary to provide permanent access to
the conservation easement areas. The easement is secured by high tensile electrified fencing, easement
crossings are secured by gates at each entrance. Additionally, easement boundaries are identified with metal t-
posts with easement signs spaced at intervals that will ensure clear distinction of the conservation limits and
access easement. Boundaries may be further identified by marker, bollard, post, tree-blazing, or other means
as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or
destroyed will be repaired and/or replaced on an as needed basis. The easement boundaries will be checked
annually as part of monitoring activities with the status of the boundaries reported in annual monitoring
reports.
4.0 MITIGATION POTENTIAL
An area of 8.202 acres at the site is being restored with credits being divided between Buffer Mitigation
(214,860 ft2 or 4.933 acres) and Nutrient Offset (142,416 ft2 or 3.269 acres). Applying DWR' s credit
generation for calculating nutrient reduction for riparian restoration of agricultural land detailed in the Site' s
MBI, the proposed nutrient offset area would generate reductions of 7431.443 nitrogen and 478.642 lbs.
phosphorus. Detailed credit calculations are included in Tables 1A-1D (Appendix A).
The following table 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 buffer mitigation area.
Mitigation Area by Drainage Feature- Banished Bull
Feature Name Riparian Buffer
Restoration Area (ft2)
0-100 feet
Total Area (ac)Total Area (%)
Mainstem 191,357 4.393 89%
UT to Mainstem 23,503 0.540 11%
Total Area 214,860 4.933 100%
The Sponsor will maintain the following three credit ledgers:
1. Buffer restoration credit ledger;
2. Nitrogen nutrient offset credits; and
3. Phosphorus nutrient offset credit ledger.
4
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
Pursuant to the Site' s MBI, the transfer any nutrient offset credits in 101- 200' to buffer mitigation credits is
not allowed.
As allowed in the Site MBI and upon written approval from DWR, Riparian Buffer mitigation credits may be
used to generate either Neuse riparian buffer credit or nutrient offset credit. 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.
5.0 PROJECT MONITORING AND PERFORMANCE STANDARDS
5.1 Success Criteria
Pursuant to criteria found in the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295 and Banished
Bull MBI, vegetative success for the Site will require the survival of at least 260 planted trees per acre at the
end of Year 5 based on monitoring data compiled for the site and site visits by the DWR. Additional
measures of vegetative success include the survival of at least four native hardwood tree species, where no
one species is greater than 50 percent of the established stems. 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.
5.2 Project Monitoring Plan
Riparian vegetation monitoring will be based on the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2
(Lee et al. 2008). Annual vegetation monitoring will occur each year during the fall season with the first year
for each Phase occurring at least 5 months after initial planting of the Tract/s. Vegetation monitoring plots
measure 0.0247 acre in size and cover 2% of the planted area. Accordingly, eight (8) permanent vegetative
plots will be used to monitor vegetation plots. A reference photo will be taken of each plot. All planted stems
in the plots will be marked with flagging tape and recorded. Data collected will include species, height,
planting type (planted stem or volunteer), and grid location. Baseline data was collected on February 4, 2021
by Axiom Environmental and derived an average density of 718 planted stems per acre (excluding livestakes)
(Table 7, Appendix B).
The Sponsor shall submit to DWR an annual monitoring report for each phase, no later than December 31 of
each year for five consecutive years. Reports will document the success of the vegetation and any
maintenance, supplemental planting, or encroachment within the easement areas.
5.3 Adaptive Management Plan
In the event that the Site, or a specific component of the Site, fails to achieve the defined performance
standards, WINC will develop necessary adaptive management plans and/or implement appropriate remedial
5
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
actions for the Site in coordination with DWR. Remedial actions will be designed to achieve the performance
standards specified previously, 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.
5.4 Long Term Management Plan
WINC acting as the Bank Sponsor, recorded the Conservation Easement with the Orange County Register of
Deeds Office. 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.
6.0 FINANCIAL ASSURANCE
To comply with the MBI, a monitoring bond will cover the monitoring costs for the entire Site, or, at a
minimum, 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.
6
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
7.0 REFERENCES
Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafale, M.P., McNab, W.H., Lenat, D.R., and MacPherson,
T.F., 2002, Ecoregions of North Carolina, U.S. Environmental Protection Agency, Corvallis, OR.
Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording
Vegetation, Level 1-2 Plot Version 4.2. Ecosystem Enhancement Program, North Carolina
Department of Environment and Natural Resources.
Shafale, M. P., and Weakley, A.S. 1990. Classification of the natural communities of North Carolina, third
approximation. NC Department of Environment and Natural Resources, Natural Heritage Program.
Raleigh, NC.
Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
APPENDIX A
GENERAL FIGURES AND TABLES
Figure 1. Site Locattion
Figure 2. Current Conditions Plan View
Figure 3. Component and Asset Map
Final Easement Survey
Table 1. Project Credits
Table 2. Project Activity and Reporting History
Table 3. Project Contacts Table
Table 4. Project Baseline Information and Attributes
Copyright.© 2013 National Geographic
Society, i-cubed
ylght© 2013 National Gen::graphic
Socie.Grabeir1 : -
•
Schley Road
USGS 7.5 Minute Topographic Map (Caldwell, NC Quad)
Directions to the Site from Raleigh:
- Take 1-40 West out of Raleigh and travel 9.0 miles,
- Take exit 279E to merge onto NC-147 N,
- After 12.1 miles, merge onto 1-85 S,
- After 2.1 miles, take exit 170 for US-70 W toward NC-86 N,
- Take an immediate right onto Pleasant Green Road,
- In 5.8 miles, continue straight onto Schley Road,
- Site is located on the left side of Schley Road after 3.8 miles.
Axiom 8n vironmeruai.
Prepared for:
WATERSHED
Investments
Project:
BANISHED BULL
RIPARIAN BUFFER
MITIGATION SITE
Orange County, NC
Title:
SITE LOCATION
Drawn by:
KRJ
Date:
FEB 2021
Scale:
1:20000
Project No.:
21-005
FIGURE
1

Legend
Conservation Easement Boundary
— High Tensile Electric Fencing
10m x 10m Vegetation Plots
Utility Easement
Axiom Enuworen Mel, Inc.
Prepared for:
Project:
Banished Bull
Buffer Restoration
Project
Orange County, NC
Title:
Current Conditions
Plan View
Drawn by:
PHP
Date:
MAY 2021
Scale:
Project No.:
1:1100
21-004
FIGURE
2

FINAL EASEMENT SURVEY
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Table 1. Banished Bull, DWR# 2020-0047, Project Credits
Neuse 03020201 -Upper Falls Lake Project Area
19.16394 N Credit Conversion Ratio (ft2 /pound)
297.54099 P Credit Conversion Ratio (ft2 /pound)
Subject? (enter Total (Creditable) NOii Min-Max Buffer Initial Credit Credit Type location Feature Type Mitigation Activity Feature Name Total Area (ft2) Area of Buffer ephemeral or Width(ft) Mitigation (ft2) Ratio (x:1)
ditch 1}
Buffer Rural Yes I/ p Restoration 0-100 Mainstem 182,889 1
Buffer Rural No Ephemeral Restoration 0-100 UT to Mainstem 23,712 1
Nutrient Offset Rural Yes I/ p Restoration 101-200 Mainstem 141,615 1
Nutrient Offset Rural No Ephemeral Restoration 101-200 UT to Mainstem 13,051 1
Totals: 154,666 206,601
Enter Preservation Credits Below Eligible for Preservation (ft2): 68,867
Min-Max Buffer Total (Creditable) Initial Credit Credit Type location Subject? Feature Type Mitigation Activity Feature Name Total Area (sf) Area for Buffer Width(ft) Mitigation (ft2) Ratio (x:1)
Buffer Preservation
Preservation Area Subtotal (ft2): o
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 lSA NCAC 028 .0250 {S)(a).
last updated 11/22/2019
Convertible to Final Credit Riparian Buffer % Full Credit Riparian Ratio (x:1) Buffer? Credits
100% 1.00000 Yes 182,889.000
100% 1.00000 Yes 23.712.000
33% No -
33% No -
-
--
-
-
--
-
-
--
--
-
-
Final Credit Riparian % Full Credit Ratio (x:1) Buffer Credits
--
-
-
--
--
--
-
TOTAL AREA OF BUFFER MITIGATIO N (TABM)
Mitigation Totals Square Feet Credits
Restoration: 206,601 206,601.000
Enhancement: 0.000
Preservation: 0.000
Total Riparian Buffer: 206,601 206,601.000
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Nutrient Nitrogen:
Offset: Phosphorus:
Square Feet
154,666
Credits
8,070.677
519.814
Convertible Delivered Delivered
to Nutrient Nutrient Nutrient
Offset? Offset: N (lbs) Offset: P (lbs)
Yes 0.000 0.000
Yes 0.000 0.000
Yes 7,389.660 475.951
Yes 681.017 43.863
--
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----
--- -
--
--
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Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047

Table 3. Project Contacts Table
Site Prep and Planting Contractor
Ripple EcoSolutions
215 Moonridge Road
Chapel Hill, NC 27516
[e-mail]
919-818-3984
Surveying
K2 Design Group
5688 US Hwy 70 East
Goldsboro, NC 27534
[e-mail]
919-751-0075
Conservation Easement Preparation
Harriss & Marion, PLLC
3326 Durham-Chapel Hill Blvd
P.O Box 51009
Durham, NC 27717
[e-mail]
919-493-8421
Banking Documents and Reports Preparation
Watershed Investments NC
1630 Weatherford Circle
Raleigh, NC 27604
[e-mail]
919-559-6264
Seedling Supplier
Dykes and Son Nursery
825 Maude Etter Road
McMinnville, TN 37110
931-668-8833
Monitoring Services
Axiom Environmental Inc
218 Snow Avenue
Raleigh, NC 27603
919-215-1693
[e-mail]

Table 2. Project Activity and Reporting History
Activity or Report Data Collection Completion or Delivery
Banished Bull Bank Parcel Mitigation Banking Instrument Signed - November 17, 2020
DWR Staff Site Visit for Project Viability & Service Area Approval - February 19, 2020
Revised BPDP Submitted - September 22, 2020
Revised BPDP Approved - November 17, 2020
Site Preparation & Invasive Controls - October 14, 2020
Site Planting - December 2020
Restoration work verification site visit with DWR Staff - -
Draft As-Built & Baseline Monitoring Document February 4, 2021 May 2021
Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047

Table 4. Project Baseline Information & Attributes Table
Project Information
Project Name Banished Bull Mitigation Site
County Orange
Project Coordinates 36.1500, -79.0461
Planted Acreage 8.72 acres
Project Watershed Summary Information
Physiographic Province Piedmont
River Basin Neuse
USGS Hydrologic Unit 8-digit 03020201 USGS Hydrologic Unit 14-digit 03020201020020
DWQ Sub-basin 03-04-01
Falls Lake Subwatershed Upper Falls Lake
Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
APPENDIX B
BASELINE VEGETATION DATA
Table 5. Planting List
Table 6. Riparian Buffer Vegetation Totals
Table 7. Planted and Total Stems by Plot and Species
Table 8. Seed Mix
Vegetation Plot Photographs
Herbicide Application Logs
Soil Report
Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
Table 5. Planting List
Bottomland Hardwoods
Acreage Planted 8.72 acres
Bare Root Species Total Stems
Planted
River Birch (Betula nigra) 950
Hackberry (Celtis occidentalis) 600
Persimmon (Diospyros virginiana) 300
Tulip poplar (Liriodendron tulipifera) 900
Black Gum (Nyssa sylvatica) 600
American Sycamore (Platanus occidentalis) 950
White Oak (Quercus alba) 600
Swamp Chestnut Oak (Quercus michauxii) 650
Southern Red Oak (Quercus falcata) 300
Willow Oak (Quercus phellos) 300
Total Bare Root 6150
Live Stake Species Total Stems
Planted
Silky dogwood (Cornus amomum) 75
Black Willow (Salix nigra) 25
Silky Willow (Salix sericea) 50
Total Live Stake 150
TOTAL 6300

Table 6. Riparian Buffer Vegetation Totals
Plot # Riparian Buffer Stems1
(per acre) Success Criteria Met?
1 769 Yes
2 931 Yes
3 647 Yes
4 647 Yes
5 809 Yes
6 526 Yes
7 607 Yes
8 809 Yes
Project
Avg 718 Yes
1 Buffer Stems=Native planted hardwood trees. Does NOT include shrubs. No pines. No vines.
Table 7.  Planted and Total Stems by Plot and SpeciesProject Code 21004.  Project Name: Banished BullPnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all T PnoLS P‐all TBetula nigra river birch Tree555333222222666333222555282828Celtis occidentalis common hackberryTree444333333333222111161616Diospyros virginiana common persimmon Tree111111 111 111444Liriodendron tulipifera tuliptree Tree222444222222111111333 151515Nyssa sylvatica blackgum Tree111666333 555222111 181818Platanus occidentalis American sycamore Tree111111222111 222333101010Quercus oak Tree777444333444444333222777343434Quercus alba white oak Tree222111333Quercus lyrata overcup oakTree 1 1 1111Quercus michauxii swamp chestnut oakTree111 111222Quercus phellos willow oak Tree222333 22211111111111111111119 19 19 23 23 23 16 16 16 16 16 16 20 20 20 13 13 13 15 15 15 20 20 20 142 142 142777888666888666666888888111111768.9 768.9 768.9 930.8 930.8 930.8 647.5 647.5 647.5 647.5 647.5 647.5 809.4 809.4 809.4 526.1 526.1 526.1 607 607 607 809.4 809.4 809.4 718.3 718.3 718.3Color for DensityExceeds requirements by 10% PnoLS = Planted excluding livestakesExceeds requirements, but by less than 10% P‐all = Planting including livestakesFails to meet requirements, by less than 10% T = All planted and natural recruits including livestakesFails to meet requirements by more than 10% T includes natural recruits0.0210.0280.20110.02size (ACRES)Species countStems per ACRE10.0210.02size (ares)10.0210.0210.0221004‐01‐0007 21004‐01‐0008Annual MeansMY0 (2021)Stem countCurrent Plot Data (MY0 2021)Scientific Name Common Name Species Type21004‐01‐0001 21004‐01‐0002 21004‐01‐0003 21004‐01‐0004 21004‐01‐0005 21004‐01‐0006
Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
Table 8. Seed Mix
Riparian Seed Mix
Seeded at 10 lbs per acre Percent of Total
Red Top (Agrostis alba) 10
Virginia Wild Rye (Elymus virginicus) 15
Switchgrass (Panicum virgatum) 15
Gamma Grass (Tripsicum dactyloides) 5
Pennsylvania Smartweed (Polygonum pennsylvanicum) 5
Little Bluestem (Schizachyrium scoparium) 5
Soft Rush (Juncus effusus) 5
Tickseed (Bidens aristosa) 10
Lance-leaved Coreopsis (Coreopsis lanceolata) 10
Deer Tongue (Panicum clandestinum) 10
Big Bluestem (Andropogon gerardii) 5
Indiangrass (Sorgastrum nutans) 5
TOTAL 100

Banished Bull Buffer and Nutrient Offset Bank Parcel
MY0 (2021) Vegetation Monitoring Photographs (taken February 4, 2021)
Plot 7
Plot 1 Plot 2
Plot 3 Plot 4
Plot 5 Plot 6
Plot 8
Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020‐0047
Ripple EcoSolutions
Vegetation Managment Report
Hrs
Crew Leader
/:
Crew trr{emQeis
o,l- (]-".
Chemicals sprayed Rate
Oc "/ M.,
G_
- loh'+q:_
Li
lllethod of removal
[Da t ol ^l- /4."
Weather condiiions
5"-l
./a
Date:
Areas Completed
GY\,L \Q-- 4 A
Target species
f*el^o-
1t"
Site:
I
NCDA&CS Agronomic Division Phone: [phone] Website: www.ncagr.gov/agronomi/ Report No.FY21-SL000554
Mehlich-3 Extraction
Completed: Received:Sampled:
Soil Report
Farm:
Client:
Links to Helpful Information
Advisor:
07/21/202007/13/202007/09/2020
Predictive
Michael Herrmann
1630 Weatherford Cir.
Raleigh, NC 27604
Sampled County : Orange
386971Client ID: Advisor ID:
Lime History:
Sample ID: More
Information
Test Results [units - W/V in g/cm ; CEC and Na in meq/100 cm ; NO3-N in mg/dm ]: Soil Class:
Ca%NO3-NSS-IESPNaCu-IZn-AIZn-IMn-AI2Mn-AI1Mn-IS-IMg%K-IP-IpHAcBS%CECW/VHM%
2 -
1 -
Crop
Recommendations:Lime
BCuZnMnSMgK2OP2O5N
Mineral
Hardwood, E
Hardwood, M
0.0
0.0
N1
80-120
0
0
0
0
0
0
0
11196.70.6927.60.880.22 16013691219
40
40
80
60
Note: 11
Note: 11
136
(tons/acre)
333
0
0
61 29
Nutrients (lb/acre)
0.1
Lime History:
Sample ID: More
Information
Test Results [units - W/V in g/cm ; CEC and Na in meq/100 cm ; NO3-N in mg/dm ]: Soil Class:
Ca%NO3-NSS-IESPNaCu-IZn-AIZn-IMn-AI2Mn-AI1Mn-IS-IMg%K-IP-IpHAcBS%CECW/VHM%
2 -
1 -
Crop
Recommendations:Lime
BCuZnMnSMgK2OP2O5N
Mineral
Hardwood, E
Hardwood, M
0.0
0.0
n2a
80-120
0
0
0
0
0
0
0
5275.71.6807.90.820.32 11017859224
60
60
30
0
Note: 11
Note: 11
78
(tons/acre)
333
0
0
53 24
Nutrients (lb/acre)
0.1
Lime History:
Sample ID: More
Information
Test Results [units - W/V in g/cm ; CEC and Na in meq/100 cm ; NO3-N in mg/dm ]: Soil Class:
Ca%NO3-NSS-IESPNaCu-IZn-AIZn-IMn-AI2Mn-AI1Mn-IS-IMg%K-IP-IpHAcBS%CECW/VHM%
2 -
1 -
Crop
Recommendations:Lime
BCuZnMnSMgK2OP2O5N
Mineral
Hardwood, E
Hardwood, M
0.0
0.0
N2B
80-120
0
0
0
0
0
0
0
2365.71.3765.40.850.36 2499189818
70
70
70
30
Note: 11
Note: 11
91
(tons/acre)
333
0
0
54 20
Nutrients (lb/acre)
0.1
Thank you for using agronomic services to manage nutrients and safeguard environmental quality.
through a grant from the North Carolina Tobacco Trust Fund Commission.
Reprogramming of the laboratory-information-management system that makes this report possible is being funded
- Steve Troxler, Commissioner of Agriculture
NCDA&CS Agronomic Division Phone: [phone] Website: www.ncagr.gov/agronomi/ Report No.FY21-SL000554
Page 2 of 3Michael Herrmann
Lime History:
Sample ID: More
Information
Test Results [units - W/V in g/cm ; CEC and Na in meq/100 cm ; NO3-N in mg/dm ]: Soil Class:
Ca%NO3-NSS-IESPNaCu-IZn-AIZn-IMn-AI2Mn-AI1Mn-IS-IMg%K-IP-IpHAcBS%CECW/VHM%
2 -
1 -
Crop
Recommendations:Lime
BCuZnMnSMgK2OP2O5N
Mineral
Hardwood, E
Hardwood, M
0.0
0.0
BBN
80-120
0
0
0
0
0
0
0
501566.41.09111.30.820.27 19524046128
0
0
30
0
Note: 11
Note: 11
240
(tons/acre)
333
0
0
73 16
Nutrients (lb/acre)
0.1
Lime History:
Sample ID: More
Information
Test Results [units - W/V in g/cm ; CEC and Na in meq/100 cm ; NO3-N in mg/dm ]: Soil Class:
Ca%NO3-NSS-IESPNaCu-IZn-AIZn-IMn-AI2Mn-AI1Mn-IS-IMg%K-IP-IpHAcBS%CECW/VHM%
2 -
1 -
Crop
Recommendations:Lime
BCuZnMnSMgK2OP2O5N
Mineral
Hardwood, E
Hardwood, M
0.0
0.0
BBS
80-120
0
0
0
0
0
0
0
182326.80.69512.60.740.18 19626830331
0
0
70
40
Note: 11
Note: 11
268
(tons/acre)
333
0
0
81 13
Nutrients (lb/acre)
0.1
NCDA&CS Agronomic Division Phone: [phone] Website: www.ncagr.gov/agronomi/ Report No.FY21-SL000554
Page 3 of 3Michael Herrmann
Recommendations
Lime
If testing finds that soil pH is too low for the crop(s) indicated, a lime recommendation will be given in units of either
ton/acre or lb/1000 sq ft. For best results, mix the lime into the top 6 to 8 inches of soil several months before planting.
For no-till or established plantings where this is not possible, apply no more than 1 to 1.5 ton/acre (50 lb/1000 sq ft) at one
time, even if the report recommends more. You can apply the rest in similar increments every six months until the full rate
is applied. If MG is recommended and lime is needed, use dolomitric lime.
Fertilizer
Recommendations for field crops or other large areas are listed separately for each nutrient to be added (in units of
lb/acre unless otherwise specified). Recommendations for N (and sometimes for B) are based on research/field studies
for the crop being grown, not on soil test results. K-I and P-I values are based on test results and should be > 50. If they
are not, follow the fertilizer recommendations given. If Mg is needed and no lime is recommended, 0-0-22 (11.5% Mg) is
an excellent source; 175 to 250 lb per acre alone or in a fertilizer blend will usually satisfy crop needs, SS-I levels appear
only on reports for greenhouse soil or problem samples.
Farmers and other commercial producers should pay special attention to micronutrient levels. If $, pH$, $pH, C or Z
notations appear on the soil report, refer to . In general, homeowners do not
need to be concerned about micronutrients. Various crop notes also address lime fertilizer needs; visit
Recommendations for small areas, such as home lawns/gardens, are listed in units of lb/1000 sq ft . If you cannot find
the exact fertilizer grade recommended on the report, visit to find information that
may help you choose a comparable alternate. For more information, read
.
Test Results
The first seven values [soil class, HM%, W/V, CEC, BS%, Ac and pH] describe the soil and its degree of acidity. The
remaining 16 [P-I, K-I, Ca%, Mg%, Mn-I, Mn-AI1, Mn-AI2, Zn-I, Zn-AI, Cu-I, S-I, SS-I, Na, ESP, SS-I, NO 3-N (not routinely
available)] indicate levels of plant nutrients or other fertility measurement. Visit
Report Abbreviations
Ac exchangeable acidity
B boron
BS% % CEC occupied by basic cations
Ca%% CEC occupied by calcium
CEC cation exchange capacity
Cu-I copper index
ESP exchangeable sodium percent
HM%percent humic matter
K-I potassium index
K2O potash
Mg%% CEC occupied by magnesium
MIN mineral soil class
Mn manganese
Mn-Al1 Mn-availability index for crop 1
Mn-AI2 Mn-availability index for crop 2
Mn-I manganese index
M-O mineral-organic soil class
N nitrogen
Na sodium
NO3-N nitrate nitrogen
ORG organic soil class
pH current soil pH
P-I phosphorus index
P2O5 phosphate
S-I sulfur index
SS-I soluble salt index
W/V weight per volume
Zn-AI zinc availability index
Zn-I zinc index
Understanding the Soil Report: explanation of measurements, abbreviations and units
$Note: Secondary Nutrients and Micronutrients
www.ncagr.gov/agronomi/obpart4.htm#fs
A Homeowner's Guide to Fertilizer.
www.ncagr.gov/agronomi/uyrst.htm
ncagr.gov/agronomi/pubs.htm.
Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
APPENDIX C
NCDWR STREAM DETERMINATION
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
iH INA m QU-ft 919.707.9000
DWR # 2020-0047, Banished Bull
Orange County
Page 2 of 4
Feature
E/1/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 quadrantq 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,
e?&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
i
Rea h 1 -
Reach 3
Reach 2
Reach 4 j'+`
I.
1
NCRS Soil Survey- 1977 Orange County Map, Sheet 11
2
Reach 3
Map attributes are approximately shown
ch 4
1
DWR # 2020-0047, Banished Bull
Orange County
Page 4 of 4
Site Map, 4711 Schley Road
Features Evaluated: Reaches 1-4
Subject
Not Subject
Map attributes are approximately shown

Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
APPENDIX D
CONSERVATION EASEMENTS
0
STATE OF NORTH CAROLINA
111111IIII I III11111III
Doc No: 30050261
Recorded: 06/21/2021 11:07:27 AM
Fee Amt: $26.00 Page 1 of 12
Orange
Tax: my 0
N w j
Orange County North Carolina (/, J��,jj,
Mark Chilton, Register of Deeds
BK 6728 PG 2139 - 2150 (12)
9m7-`)341( 4
COUNTY OF ORANGE
PEOIANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEME"Conservation Easement") made this Z )5t day of June, 2021 by and
between WATERSHED INVESTMEN S'NC, LLC ("Grantor") and UNIQUE PLACES TO SAVE
("Grantee").
The designation Grantor and Grantee as used he ein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masine, feminine or neuter as required by context.
TALS
WHEREAS, Grantor owns in fee simple certain real pra1S 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 6'i educational corporation, association, or trust
qualified under § 501 (c)(3) and § 170 (h) of the Internal Revenuapode, and N.C. Gen. Stat. § 121-34 et seq.,
the purposes or powers of which include one or more of the purpos — (d) listed below;
(a) retaining or protecting natural, scenic, or open -space aspecreal property;
(b) ensuring the availability of real property for recreational, edtfational, or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
d
0
1

BK 6728 PG 2140 DOC# 30050261
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
nd drainage -ways. The purpose of this Conservation Easement is to maintain streams and riparian resources
other natural values of approximately 8.72_acres, more or less, and being more particularly described in
ibit B attached hereto and incorporated fully herein by reference (the "Conservation Easement Area"), and
prnt the use or development of the Conservation Easement Area for any purpose or in any manner that would
conf tc- t with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation Easement Area is a condition
of the appro 1 of the Agreement to Establish the Banished Bull Mitigation Banking Instrument in the Neuse
River Basi Riparian Buffer ("MBI") and for the Banished Bull Buffer Mitigation and Nutrient Offset Bank
Parcel Develo; ►ent Package ("BPDP"), North Carolina Division of Water Resources ("NCDWR") Project ID
#2020-0047 whi was approved by the NCDWR on November 17, 2020, and will be made and entered into by
and between Wa eshed Investments NC, LLC, acting as the Bank Sponsor, and the NCDWR. The Banished
Bull Riparian Buff nd Nutrient Offset Site is intended to be used to compensate for riparian buffer and
nutrient impacts to skce 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 No arolina, and that these rights are in addition to, and do not limit, the rights of
enforcement under the NCDVc Project ID# #2020-0047 or any permit or certification issued by the Third -
Parties. O
NOW, THEREFORE, for and in oisideration of the covenants and representations contained herein and for
other good and valuable consideration, a receipt and legal sufficiency of which is hereby acknowledged,
Grantor hereby unconditionally and irr v eably grants and conveys unto Grantee, its heirs, successors and
assigns, forever and in perpetuity a Consvjation 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 thoof, as follows:
0
ARTICLE I. DU TION OF EASEMENT
This Conservation Easement shall be perpetual. This ervation Easement is an easement in gross, runs with
the land and is enforceable by Grantee against Grantors, ',ntor's personal representatives, heirs, successors and
assigns, lessees, agents and licensees.
ARTICLE II. PROHIBITED AND RE S PRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsis
Easement is prohibited. The Conservation Easement Area shall be pre
restricted from any development that would impair or interfere with the
Easement Area.
with the purpose of this Conservation
ed in its natural condition and
nservation values of the Conservation
Without limiting the generality of the foregoing, the following activities and
restricted or reserved as indicated hereunder:
pare expressly prohibited,
d
0
2

BK 6728 PG 2141 DOC# 30050261
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural
O features of the Conservation Easement Area or any intentional introduction of non-native plants and/or animal
_ species is prohibited.
`C- B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or
cd r ete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier,
Ian
1 •
, dock or any other temporary or permanent structure or facility on or above the Conservation Easement
Area. Q)
C. Industrial, Commercial and Residential Use. Industrial, residential, and/or commercial activities,
includingrite of passage for such purposes are prohibited.
D. Agri c'u Ural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticulture use he Conservation Easement Area are prohibited.
E. Vegetatio0vA\ 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 1 of
this Conservation Easement, except where mowing will negatively impact vegetation or disturb soil. Mowing
activities shall only be perfod by Watershed Investments NC and shall not violate any part of Item M in
Article II.
F. Roads and Trails. Therebe no construction of roads, trails or walkways on the Conservation
Easement Area; nor enlargement or pmtiification to existing roads, trails, or walkways.
G. Signage. No signs shall be peed on or over the Conservation Easement Area, except the posting of
no trespassing signs, signs identifying the»nservation values of the Conservation Easement Area, signs giving
directions or proscribing rules and regulati s 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 stiSie of soil, trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery or hazardous substances, o xic or hazardous waste, or any placement of underground
or aboveground storage tanks or other materials on Conservation Easement Area is prohibited.
I. Excavation, Dredging or Mineral Use. There Il be no grading, filling, excavation, dredging, mining
or drilling; no removal of topsoil, sand, gravel, rock, pea ,eiinerals 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 • . iking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or alt- s • or tampering with water control
structures or devices on or within the Conservation Easement Area,!r sruption or alteration of the restored,
enhanced, or created drainage patterns. In addition, diverting or causirrt permitting the diversion of surface or
underground water into, within, or out of the easement area by any meaps?Yemoval of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or@ocides is prohibited.
3
0 Val
�l

BK 6728 PG 2142 DOC# 30050261
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
evelopment arrangement or otherwise.
`<\; 1,. Subdivision. The Grantor and Grantee agree that the entire Conservation Easement Area is comprised
otco [2] separate Conservation Easement Areas that make up a portion of one legal parcel in Orange County.
Thprantor may not further subdivide or separately sell the two Conservation Easement Areas, except with the
prior itten consent of the Grantee. If Grantor elects to further subdivide any portion of the Conservation
Easem Area, Grantor must provide the Grantee the name, address, and telephone number of new owner(s) of
all Consery on Easement Areas, if different from Grantor. No subdivision of the Conservation Easement Area
shall limit ight of ingress and egress over and across the Conservation Easement Area for the purposes set
forth herein. her, in the event of any subdivision of the Conservation Easement Area (whether inside or
outside of the Cd�r servation Easement Area) provision shall be made to preserve not only Grantee's perpetual
rights of access to Conservation Easement Area, as defined herein, but also Grantee's right of perpetual
access to any constion easements on properties adjacent to the Conservation Easement Area which form a
part of or are includeVA the Banished Bull BPDP. Creation of a condominium or any de facto division of the
Conservation Easemei t 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 E sement Area. The Grantor shall notify the Grantee immediately of the name,
address, and telephone numlf any grantee of an undivided interest in any property within the Conservation
Easement Area.
0
M. Vehicles. The operation bY' echanized vehicles, including, but not limited to, motorcycles, dirt bikes,
all -terrain vehicles, cars and trucksprohibited on the Conservation Easement Area other than for temporary or
occasional access by the Grantee, its ecrrployees and agents, successors, assigns, and NCDWR for purposes of
constructing, maintaining, and monitori'the restoration, enhancement, and preservation of streams, wetlands,
and riparian areas within the Conservatio ement Area.
N. Other Prohibitions. Any other use of, r activity on, the Conservation Easement Area which is or may
become inconsistent with the purposes of this t, the preservation of the Conservation Easement Area
substantially in its natural condition, or the prote n of its environmental systems, is prohibited.
ARTICLE III. GRANT 7'. ' RESERVED RIGHTS
The Grantor expressly reserves for themselves, their persgal 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 uiet enjoyment of the Conservation Easement
Area, the rights of ingress and egress, the right to hunt, fish, and e on the Conservation Easement Area, the
right to sell, transfer, gift or otherwise convey the Conservation E' Anent Area, in whole or in part, provided
such sale, transfer or gift conveyance is subject to the terms of, andspecifically reference, this
Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grante t successors and assigns, including
Watershed Investments NC, LLC the right to construct and perform activit�ti yyr telated 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 NWR November 17, 2020 ) and
4

BK 6728 PG 2143 DOC# 30050261
O, the "Banished Bull BPDP" approved by NCDWR on November 17, 2020 and described in the Recitals of this
O Conservation Easement.
ARTICLE IV. GRANTEE'S RIGHTS
The'dr ntee or its authorized representatives, successors, and assigns, and NCDWR, shall have the right to enter
the Pr �epty 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 onplying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The
Grantee shalQlso have the right to enter and go upon the Conservation Easement Area for purposes of making
scientific or a tional observations and studies and taking samples. The easement rights granted herein do not
include public a ss rights.
ARTICLE V. ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, the Grantee and NCDWR are allowed to
prevent any activity on or us6f the Conservation Easement Area that is inconsistent with the purposes of this
Conservation Easement and to'Aquire the restoration of such areas or features of the Conservation Easement
Area that may be damaged by st h activity or use. Upon any breach of the terms of this Conservation Easement
by Grantor that comes to the atteMSof the Grantee, the Grantee shall notify the Grantor in writing of such
breach. The Grantor shall have 30 clay .after receipt of such notice to correct the conditions constituting such
breach. If the breach remains uncurea er 30 days, the Grantee may enforce this Conservation Easement by
appropriate legal proceedings including Atnages, injunctive and other relief. Notwithstanding the foregoing, the
Grantee reserves the immediate right, wittut notice, to obtain a temporary restraining order, injunctive or other
appropriate relief if the breach of the terms'5t this Conservation Easement is or would irreversibly or otherwise
materially impair the benefits to be derived fro this Conservation Easement. The Grantor and Grantee
acknowledge that, under such circumstances, . ge to the Grantee would be irreparable and remedies at law
will be inadequate. The rights and remedies of the rantee provided hereunder shall be in addition to, and not in
lieu of, all other rights and remedies available to Gptee in connection with this Conservation Easement. The
costs of a breach, correction or restoration, including'e Grantee's expenses, court costs, and attorneys' fees,
shall be paid by Grantor, provided Grantor is determink o be responsible for said breach. NCDWR shall have
the same rights and privileges as the said Grantee to enfore 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 prion hereof or affect the right to Grantee to
enforce the same in the event of a subsequent breach or default.
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C. Nothing contained in this Conservation Easement shall be coued to entitle Grantee to bring any
action against the Grantor for any injury or change in the ConservatiorlAsement Area resulting from causes
beyond the Grantor's control, including, without limitation, fire, flood, s', , war, acts of God or third parties,
except Grantors' lessees or invitees; or from any prudent action taken in g ",faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to vperty or harm to the
Conservation Easement Area resulting from such causes.
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BK 6728 PG 2144 DOC# 30050261
Q ARTICLE VI. MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple, and that
Castor either owns all interests in the Property which may be impaired by the granting of this Conservation
EaGe nnent or that there are no outstanding mortgages, tax liens, encumbrances, or other interests in the Property
whic9� , ave not been expressly subordinated to this Conservation Easement. Grantor further warrants that
Grant s all 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. Subs. uent Transfers. The Grantors agree to incorporate the terms of this Conservation Easement in
any deed or o , legal instrument that transfers any interest in all or a portion of the Conservation Easement
Area. The Gran . . grees to provide written notice of such transfer at least thirty (60) days prior to the date of
the transfer. The tor and Grantee agree that the terms of this Conservation Easement shall survive any
merger of the fee aOasement interests in the Conservation Easement Area or any portion thereof and shall not
be amended, modified terminated without the prior written consent and approval of NCDWR.
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 Con ation Easement, the organization receiving the interest will be a qualified holder
pursuant to 33 CFR 332.7 (a)( .C. Gen. Stat. § 121-34 et seq. and§ 501 (c)(3)and § 170 (h) of the Internal
Revenue Code, and the Grantee er covenants and agrees that the terms of the transfer or assignment will be
such that the transferee or assigneei'li 1 be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severa'k lity. The Banished Bull MBI and BPDP and this Conservation
Easement sets forth the entire agreement parties with respect to the Conservation Easement and
supersedes all prior discussions, negotiatiot{s, understandings or agreements relating to the Conservation
Easement. If any provision is found to be voiddunenforceable by a court of competent jurisdiction, the
remainder shall continue in full force and effectQ
E. Obligations of Ownership. Grantor is ressible for any real estate taxes, assessments, fees, or
charges levied upon the Property and the ConservatiTr Easement Area. Grantor shall keep the Property and the
Conservation Easement Area free of any liens or other umbrances for obligations incurred by Grantor.
Grantee shall not be responsible for any costs or liabiliny kind related to the ownership, operation,
insurance, upkeep, or maintenance of the Property and the Conservation Easement Area, 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 b)naintained on the areas of the Property
outside the Conservation Easement Area, Grantor is responsible foi 1 long-term management activities
associated with fencing to ensure livestock do not have access to the' enervation Easement Area. These
activities include the maintenance and/or replacement of fence structur�Jss as deemed necessary by the Grantee,
to ensure the aquatic resource functions within the boundaries of the CoI vation Easement Area are sustained.
G. Extinguishment. In the event that changed conditions render impos`le the continued use of the
Conservation Easement Area for the conservation purposes, this Conservationement may only be
extinguished, in whole or in part, by judicial proceeding.
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BK 6728 PG 2145 DOC# 30050261
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
nd Grantee shall join in appropriate actions at the time of such taking to recover the full value of the taking, and
incidental and direct damages due to the taking.
Grate. In the event that all or a portion of the Conservation Easement Area is sold, exchanged, or involuntarily
convelpd following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair
market 'y ue of this Conservation Easement as determined at the time of the extinguishment or condemnation.
J. Nication. Any notice, request for approval, or other communication required under this
Conservatio>asement shall be sent by registered or certified mail, postage prepaid, to the following addresses
(or such addres may be hereafter specified by notice pursuant to this paragraph):
Proceeds. This Conservation Easement constitutes a real property interest immediately vested in
To Grantors: VA
Watershed Investrrlents, NC
Attn: Mike Herrmann
1630 Weatherford Circle
Raleigh, NC 27604
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514
To NCDWR:
NC Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center,
Raleigh, NC 27699 -1617
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K. Failure of Grantee. If at any time Grantee is
ble or fails to enforce this Conservation Easement, or
if Grantee ceases to be a qualified grantee, and if within acasonable 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.
6
L. Amendment. This Conservation Easement may be amends but only in writing signed by all parties
hereto, and provided such amendment does not affect the qualificatrq ,f this Conservation Easement or the
status of the Grantee under any applicable laws, and is consistent witheconservation purposes of this grant.
Present Condition of the Conservation Easement Area. The scenic, rerce, environmental, and other
natural characteristics of the Conservation Easement Area, and its current **and state of improvement, are
described in the Banished Bull MBI (signed by NCDWR on November 17,) and the Banished Bull BPDP
(signed and approved by NCDWR on November 17, 2020) and acknowledgedKy the Grantor and Grantee to be
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BK 6728 PG 2146 DOC# 30050261
6 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
ith the terms of this Conservation Easement. However, this report is not intended to preclude the use of other
,etydence to establish the present condition of the Conservation Easement Area if there is a controversy over its
TOk- VE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes.
IN TESTIM NY WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above
written. ��JJ
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GRANTOR: CZV
WATERSHED I d ESTMEI4NC, LLC
By: it-e-L1,,P. Date:
Print: Z,-V--\.J2, 1'2-1 rA"..,,,AA,
Title: 1 lick IA r 6
NORTH CAROLINA
0
COUNTY OF
I, CCT,ro2e W1 ai a Notary Public in and for the County and State aforesaid, do hereby
certify that patthosi wit rtna. J. Grantor, personally appeared before me this day and acknowledged
the execution of the foregoing instrumgV
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 11 ill day of
t� ,202
Notary Public
My commission expires:
. ,, G, aDaD-
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BK 6728 PG 2147 DOC# 30050261
6, GRAN
By:
frey her, Board Chair
NO, CAROLINA
COUNTY OF Qig
�
14sr)ef
certifYapingthathe execution o e instrument.
IN REOF Ipave hereunto
, ail
1 Lk
Date: Lt 102.)
, a Notary Public in and for the County and State aforesaid, do hereby
Grantor, personally appeared before me this day and acknowledged
Notary Public
My commission expires:
f)/laij „21-4
set my hand and Notary Seal this the /1/day of
‘01111l iiiii
`�\`4�1NEE 0�
`�,`�j ►, CO/'i
NOTARY -<�
PUBLIC
-_ V �
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BK 6728 PG 2148 DOC# 30050261
EXHIBIT A
B, certain portions of the property lying and being in Orange County, North Carolina, and more particularly
described as follows:
TRACT O. ' GINNING at an iron stake se: in the center of -the right-of-way to Schley' Road i SR 1548 i. said stake
being locate uasuring aksng thc arc of a circle to thc sight having a radius of 894_39 feet and a distance of 291.19
feet from the nt tl l east ca mx of a ttact bctcmging to Stephen Wayne Joluttm as described by deed recorded rn Deed
Rook 436 at Page of the change County Registry; running thence from aid beginning, point North 85' 14' 0I' West
1422 3(1 feet to t nNrri stake in the w'estem line of Kirin: thence with Kerby South 03' 40' 58" West 305 feet to a point
cornered with Tract Q ph reap hereinafter referred to: thence with Tract 3 South 85' 14' 01' Fast 1552.43 feet to a paint
in the center of then vay to Schley Road; thence with the center of the right-of-way to Schley Road North 10' 15'
15" West 3 3.86 feet to lace and point of BEGINNING and being designated its Traci 2 containing 10.4124 acres
ac(s:tding 1n plat of xury tilted'Propert)of Stephen M'. k}Itnsnn' dated Tune 9, 1989 and rertsed December 19,
1991 by Robert A Jones L.t�Ti ji Surrey ing
TRACT TWO l*h(3INNIN(;railroad Spike Ser in the center of the ri hi'.o(wa, to Schley Road (19 SK 3 548), the
northeast corner of property of Ned Lloyd Johnson: running Ihenre with Johnson North 84' 55- 56' West 922 22 feet to
an iron stake corner with pmperty of Kirby: thence with Kirby North 85' 25' 24' West 842.0 leer to an iron stake,
thence with Kirby North i) i' 40' 88" East 52.5 feet to a mint. thence South 85" ) 4' 01' Fast 1552.41 fret to a point rn the
center of the nght-of-way to Schley Road; thence with the center of the right:st-way to Schley Road the following
courses and distances: South 19" 15' 15' 39'0 39 feet to an iron stake and along the arc of the circle to thc light
laving a radio. of 1528.31 feet a distan 181.72 feet to the place and point of BEGINNING and being designated as
Pratt u .l cimtairnng 19.9970 acres actin nt to plat entitled "Property of Stephen W Johnson". dated June 9, 1989 and
revised Deceanber 19, 1991 by Robert ,% > .Jrie tLand Surveying.
bet.
TRACT ONE AND TRACT TWO have b• c 1 pined to form the parcel identified as PIN 98K1-73-8604 by
Orange County Land Records
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BK 6728 PG 2149 DOC# 30050261
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EXHIBIT B
BEING all of CONSERVATIONMENT AREA 1, comprised of 7.61 Acres, and CONSERVATON
EASEMENT AREA 2, comprised Sr ..11 acres, as shown on Survey entitled "Sheet 1 of 1, Conservation
Easement Survey for Unique Places {b ave, Over and Across a Portion of the Land Owned by Watershed
Investments NC, LLC, Recorded in D``,,..6626, Pg. 1384", prepared by John Ashley Rudolph, Registered Land
Surveyor, and recorded in Plat Book 123ge 109, reference to which is made for a more particular description
of same. The aforementioned plat is attac e, d hereto as Exhibit B.
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11

BK 6728 PG 2150 DOC# 30050261
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12

Appendices
Banished Bull Asbuilt & Baseline Document Watershed Investments NC
DWR Project # 2020-0047
APPENDIX E
DIVISION OF WATER RESOURCE PROJECT VIABILITY LETTER
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Michael Herrmann
NORTH CARO_INA
Environmental Quality
February I9, 2020
Watershed Investments NC, LLC
1630 Weatherford Circle
Raleigh, NC 27604
via electronic mail: [e-mail])
DWR4 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 (WINO) 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 I". 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.
TM
North Carolina Department of Environmental Quality I Division of Water Resources
Z!5fQFw512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
nor+ GAOL1 &;; a wiry 919.707.9000
Banished Bull Site
Watershed Investments NC, LLC
February 19, 2020
Feature Classification 1Subject Riparian Land uses Buffer 3Nutrient OMitigation Type Determination
w/in riparian areaspnfiftein
Buffer
adjacent to Feature Credo
Viable
Offset
Bilk
L0-2001 3LIable
1 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 N/A No No NIA
3 Not present No N/A No No N/A
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 .
The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
3NC Division of Water Resources - Methodology and Calculations far 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.
SAIL 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 [phone] if you have any questions regarding this
correspondence.
Sincerely,
Mac Haupt, Acting Supervisor
401 and Buffer Permitting Branch
MH/kym
Attachments: Figure 1, DWR Stream Determination map
cc: File Copy (Katie Merritt)
Page 3 of 3
7, Cl i i rlp I .. ..
November 20, 2019
PIN: 9887738604
OWNER 1: WATERaflED INVESTMENTS NC
Easement Boundary
1:2,400
3 0.02 0.04 0.08 mi
0.0325 0 065 0.13 km
f
ORANGE COIjNTY
NORTH CAROLINA
Site Map, 4711 Schley Road
t~ ..
DWR # 2020-0047, Banished Bull
Orange County
Page 4 of 4
Features Evaluated: Reaches 1-4
Subject
Not Subject
Map attributes are approximately shown
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ii. IL t