20221493 Ver 1_2022-October_DRAFT_EMH Farm_BPDP_w Appendices_20221020

Mitigation Project Information Upload
ID#* 20221493
Version* 1
Select Reviewer: *
Katie Merritt
Initial Review Completed Date 11/14/2022
Mitigation Project Submittal - 10/20/2022
............................................................................................................................................................................................
Is this a Prospectus, Technical Proposal or a New Site? *
Type of Mitigation Project: *
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Company/Owner: * Clearwater Mitigation Solutions, LLC
Contact Name: *
Kevin Yates
Project Information
Project Type:
Project Name: EMH Farm Buffer Mitigation Bank
County: Guilford
Document Information
....................................................................................................................................................................................
Mitigation Document Type: *
Mitigation Plans
File Upload:
Signature
DMS Mitigation Bank
2022-October DRAFT EMH
Farm_BPDP_w.Appendices.pdf
Please upload only one PDF of the complete file that needs to be submitted...
Yes No
Email Address: *
CLEARWATERMITIGATION@GMA
IL.COM
25.22MB
Print Name:*
Signature: *
Kevin Yates

BANK PARCEL DEVELOPMENT PACKAGE
EMH Farms Buffer Mitigation Bank
Guilford County, NC
Randleman Watershed — Cape Fear River Basin
NCDWR Project No. ****
��'�'�. �'f�.�'=Y' �._ ;.•ice• !F~.' :. � u- ` �.
Sponsored by:
Clearwater Mitigation Solutions
CLEARWATER MITIGATION
S O L U T I 0 1'
POC: Kevin Yates
Ph: 919-624-6901
604 Macon Place
Raleigh, North Carolina
ae.•�[ y.
October 2022
Prepared by:
Axiom Environmental, Inc.
POC: Grant Lewis
218 Snow Avenue
Raleigh, North Carolina 27603
This mitigation plan was written in conformance with the following:
North Carolina consolidated buffer mitigation rule 15A NCAC 02B .0295, effective November 1, 2015 and the
Randleman Lake Buffer Protection Rule (15A NCAC 02B .0724)

TABLE OF CONTENTS
1.0 INTRODUCTION............................................................................................................... 4
1.1 BANK LOCATION........................................................................................................................4
1.2 BANK OVERVIEW....................................................................................................................... 5
1.3 PROJECT GOALS........................................................................................................................ 5
2.0 PROJECTAREA— EXISTING CONDITIONS..........................................................................6
2.1 PHYSIOGRAPHY......................................................................................................................... 6
2.2 BANK FEATURES........................................................................................................................6
2.3 SOILS....................................................................................................................................... 7
2.4 VEGETATION.............................................................................................................................7
2.5 THREATENED AND ENDANGERED SPECIES....................................................................................... 8
2.6 CULTURAL RESOURCES................................................................................................................ 9
2.7 NORTH CAROLINA NATURAL HERITAGE ELEMENTS........................................................................... 9
2.8 FEMA.................................................................................................................................... 9
2.9 UTILITIES..................................................................................................................................9
2.10 OTHER ENVIRONMENTAL CONDITIONS......................................................................................... 9
3.0 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION PLAN .......................... 10
3.1 RIPARIAN AREA RESTORATION ACTIVITIES..................................................................................... 10
3.2 RIPARIAN BUFFER ENHANCEMENT.............................................................................................. 11
3.3 RIPARIAN BUFFER PRESERVATION ACTIVITIES................................................................................ 11
3.4 CREDIT RELEASE SCHEDULE........................................................................................................ 11
4.0 MONITORING AND MAINTENANCE PLAN...................................................................... 12
4.1 MONITORING PROTOCOL.......................................................................................................... 12
4.2 BANK MAINTENANCE............................................................................................................... 12
4.3 LONG-TERM MANAGEMENT PLAN.............................................................................................. 13
4.4 EASEMENT BOUNDARIES AND FENCING........................................................................................ 13
5.0 FINANCIAL ASSURANCE................................................................................................. 13
6.0 MITIGATION POTENTIAL............................................................................................... 14
7.0 REFERENCES..................................................................................................................14
Bank Parcel Development Package Table of Contents page i
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

TABLES
Table 1. Ecological and Water Quality Goals................................................................................. 5
Table2. Project Features............................................................................................................... 7
Table 3. Web Soil Survey Soils Mapped within the Site................................................................ 7
Table 4. Threatened and Endangered Species............................................................................... 8
Table 5. Proposed Bare -Root Planting Plan................................................................................. 10
Table 6. Credit Release Schedule................................................................................................. 11
Bank Parcel Development Package Table of Contents page ii
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

APPENDICES
Appendix A. Figures and Credit Determination
Figure 1. Site Location and Service Area
Figure 2. USGS Topo Quad
Figure 3. NRCS Soil Survey
Figure 4. Historic Aerial Imagery
Figure 5. Existing Conditions
Figure 6. Restoration Plan
Figure 7. Planting Plan
Figure 8. Credit Determination
Figure 9. Monitoring Plan
Table 7. Project Credits
Appendix B. Agency Letters/Correspondence
NCDWR Stream Determination Letter, July 26, 2021
NCDWR Site Viability Letter, September 24, 2021
Appendix C. Data
NCDWR SWIT Forms
Site Photos
Appendix D. Threatened and Endangered Species Data
Summary Letter of Federally Protected Species Survey
North Carolina Natural Heritage Program (NCNHP) Report
USFWS IPaC Resource List
Appendix E. Environmental Data Resources (EDR) Report Executive Summary
Appendix F. Conservation Easement
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Table of Contents page iii
Clearwater Mitigation Solutions
October 2022

1.0 INTRODUCTION
Clearwater Mitigation Solutions (Sponsor) is pleased to provide this Bank Parcel Development
Package (BPDP) for the EMH Farms Buffer Mitigation Bank (Bank). The Bank was made under
terms and conditions of the EMH Farms Mitigation Banking Instrument (MBI). The Bank is
designed to provide riparian buffer mitigation credits for unavoidable impacts due to
development within the Randleman watershed of the Cape Fear River Basin per the Randleman
Nutrient Strategy (15A NCAC 02B .0724). The Bank shall be planned and designed according to
the Banking Instrument with NCDWR, and the Consolidated Mitigation Rule 15A NCAC 02B.0295,
which became effective on November 1, 2015.
Stormwater runoff from the Bank drains directly to unnamed tributaries to the Deep River, just
upstream from the Randleman Reservoir. According to the Final Cape Fear River Basin
Restoration Priorities (NCEEP 2009), this watershed should be targeted for restoration to protect
the critical area that ultimately drains into the WS-IV water supply at Randleman Reservoir. The
proposed mitigation activities will reduce sediment and nutrient levels and improve water quality
within the Bank and their downstream watersheds. The Bank includes the restoration,
enhancement, and preservation of riparian areas along three unnamed tributaries in Guilford
County, NC. The sole purpose of the Bank is to provide riparian buffer mitigation credits to
mitigate for buffer impacts within the Randleman Lake Watershed, Hydrologic Unit Code (HUC)
03030003 and the NCDWR Sub -basin 03-06-08 of the Cape Fear River Basin.
All riparian areas were assessed by NCDWR during an onsite visit to determine viability for buffer
mitigation (NCDWR Site Viability Letter, Appendix B). Approximately 26.81 acres will be
protected with a permanent conservation easement. Of those 26.81 acres, 21.39 acres will be
restored, 1.16 acres will be enhanced by supplementally planting partially forested riparian areas,
and 2.90 acres will be preserved. Riparian restoration/enhancement area widths on streams will
extend out to a maximum of 200 feet from the top of bank with a minimum width of 20 from top
of banks. Riparian buffer enhancement and preservation credits generated on this Bank Parcel
are allowed pursuant to 15A NCAC 02B .0295 (n) and 15A NCAC 02B .0295 (o)(5), respectively.
No nutrient offset credit will be generated on the Bank. Figure 8 shows the Credit Determination
Map and Section 3.0 provides details of the mitigation determination on the Bank.
1.1 Bank Location
Located in the South Atlantic/Gulf Region approximately 4 miles east of Archdale, NC in
southwest Guilford County (Figure 1, Appendix A), the Bank is hydrologically situated within the
USGS 14-digit HUC 03030003010050 of the Cape Fear River Basin and Randleman Lake
Watershed (North Carolina Division of Water Quality Subbasin Number 03-06-08).
Directions to the Site from Raleigh, North Carolina.
➢ Head west on 1-40 for 69 miles
➢ Just after Exit 220, stay left, following signs for 1-85 Bus S
➢ Continue onto 1-85BL S/US-29 S/US-70 W, and travel 2.8 miles
Bank Parcel Development Package page 4
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

➢ Take Exit 33 toward 1-73 N/Groometown Road
➢ Keep left at the fork, following signs for Groometown Road
➢ Turn left onto Groometown Road
➢ The Site on the right after 5.7 miles
o Site Latitude, Longitude
35.91949N,-79.89419W (WGS84)
1.2 Bank Overview
The Bank encompasses 26.81 acres of land containing unnamed tributaries to Deep River. It is
located in a region of the state dominated by agriculture and livestock but is also affected by
urban runoff from nearby Archdale and High Point. Restoration of the riparian buffer is expected
to result in immediate water quality benefits within the vicinity of the Bank through the removal
of livestock access to Bank streams, as well as the establishment of riparian vegetation.
UTs 1, 2, and 3 are present onsite and were deemed subject to the Randleman Lake Buffer
Protection Rule (15A NCAC 02B .0724) by NCDWR in correspondence dated September 24, 2021
(NCDWR Site Viability Letter, Appendix B). The upper portion of UT2 (Feature E-1) and Feature
E-2 are ephemeral streams and were determined to be not subject. The drainage areas of site
streams range from 0.007 mil to 0.24 mil. Additional present and historical land use practices
including the maintenance and removal of riparian vegetation and the relocation, dredging and
straightening of onsite streams resulted in degraded water quality and unstable channel
characteristics (stream entrenchment, erosion, bank collapse, and stream aggradation).
1.3 Project Goals
The major goals of the proposed riparian buffer project are to provide ecological and water
quality enhancements to the Randleman watershed by restoring the riparian area to create a
functional riparian corridor. Specific enhancements to water quality and ecological processes are
outlined in Table 1.
Table 1. Ecological and Water Qualitv Goals
Goal
Objective
Nutrient input will be decreased by filtering runoff from the agricultural
Decrease nutrient levels
fields through restored native buffer zones. The off -site nutrient input will also
be absorbed on -site by filtering flood flows through restored floodplain areas,
where flood flows can disperse through native vegetation.
Decrease Sediment Input
Sediment from off -site sources will be captured by deposition on restored
floodplain areas where native vegetation will slow overland flow velocities.
Decrease water temperature
Planted riparian trees will shade the streams as they mature reducing
and increase dissolved oxygen
thermal pollution.
concentration
Create appropriate riparian
Riparian areas adjacent to ditches and streams will be restored by planting
habitat
native vegetation.
Permanently protect the parcel
A conservation easement will be recorded on the Bank.
from harmful uses
Bank Parcel Development Package page 5
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

2.0 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
Situated within the Southern Outer Piedmont portion of the Piedmont Ecoregion of North
Carolina, the Banks's regional physiography is characterized by dissected irregular plains; low
rounded hills and ridges; and low to moderate gradient streams with mostly cobble, gravel, and
sandy substrates. On -site elevations range from a high of 802-feet NGVD above the upper
reaches of UT 2 to a low of approximately 750-feet NGVD at the Bank outfall (USGS High Point
East, North Carolina 7.5-minute topographic quadrangle). Surrounding land use consists
primarily of wooded and agricultural land, with some low -density residential housing (Figure 5,
Appendix A).
Historically, livestock have had indiscriminate access to most of the Parcel streams, resulting in
degradation of stream banks. Riparian vegetation adjacent to tributaries is mainly herbaceous
and disturbed due to livestock grazing and other maintenance activities. Mature forest exists at
the upper reach of UT 1, and a small area of disturbed mature forest is located at the downstream
extent of UT 1 (Figure 5, Appendix A). These conditions were confirmed by Katie Merritt
(NCDWR) during the September 21, 2021 site visit and in the accompanying viability letter
(Appendix B).
2.2 Bank Features
The Bank includes three unnamed tributaries (UT 1-3) and two ephemeral reaches (E 1-2) (Figure
6, Appendix A) which flow to Randleman Reservoir. There is also an existing ditch (E 3) which is
proposed to be plugged and filled as part of Bank restoration activities. The Randleman Reservoir
is a regional water supply and stream buffer protection rules are in place throughout the
watershed. Photos showing current site conditions (as of April 2022) of the Bank are provided in
Exhibit C.
The classification and subjectivity calls for the Bank were approved by NCDWR in an onsite visit
with Sue Homewood on July 1, 2021. A letter dated July 26, 2021 sent by NCDWR indicated UTs
1, 2, and 3 are subject to the Randleman Lake Buffer Protection Rule (15A NCAC 02B .0724). The
upper portion of UT2 (feature E-1) and Feature E-2 are ephemeral streams and were determined
to be not subject (NCDWR Stream Determination Letter, Appendix B). An additional Site visit to
determine viability for buffer mitigation was held with Katie Merritt on September 16, 2021. All
features were determined to be viable for riparian buffer credit generation per rule 15A NCAC
02B .0295 (NCDWR Site Viability Letter, Appendix A).
Bank Parcel Development Package page 6
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

Table 2. Proiect Features
NCDWR Feature ID
In Field Classification
Subject to Buffer Rules
Buffer Credit Viable
UT 1
Intermittent/Perennial
Yes
Yes
UT 2
Intermittent/Perennial
Yes
Yes
UT 3
Intermittent/Perennial
Yes
Yes
E 1
Ephemeral
No
Yes
E 2
Ephemeral
No
Yes
E 3
Ditch < 3' depth
No
Yes*
* Must meet contingencies per rule 15A NCAC 02B .0295 (8), however, no credit is proposed on this feature.
2.3 Soils
Soils that occur within the Site, according to the Web Soil Survey (USDA 2022) are described in
the following table.
Table 3. Web Soil Survev Soils Maaaed within the Site
Map Unit
Map Unit Name
Hydric Status
Description
Symbol
(Classification)
Non-hydric
This series consists of frequently flooded, somewhat poorly
Chewacla loam
but may
drained soils found on floodplains with 0-2 percent slopes. The
ChA
(Fluvaquentic Dystrudepts)
contain hydric
parent material is loamy alluvium derived from igneous and
inclusions
metamorphic rock. Depth to the water table is 6-24 inches and
depth to restrictive features is more than 80 inches.
This series consists of very deep, well drained, slowly
Non-hydric
permeable soils on ridgetops. The parent material is residuum
EnB, EnD
Enon fine sandy loam
but may
weathered from mafic or intermediate igneous and high-
(Ultic Hapludalfs)
contain hydric
grade metamorphic rocks such as diorite, gabbro, diabase, or
inclusions
hornblende gneiss or schist. Depth to bedrock is more than
60 inches. Slopes are 2-15 percent.
This series consists of very deep, moderately well -drained,
Helena-Sedgefield complex
Non-hydric
slowly permeable soils found on Piedmont ridges and hill
HhB
(Aquic Hapludults-Aquultic
but may
slopes. The parent material is residuum weathered from a
Hapludalfs)
contain hydric
mixture of felsic, intermediate, or mafic igneous or high-grade
inclusions
metamorphic rock. Depth to the seasonal high-water table is
1.5 to 2.5 feet.
This series consists of very deep, well drained, slowly
MhB2
Mecklenburg sandy clay loam
Non hydric
permeable soils. The parent material is intermediate and
(Ultic Hapludalfs)
mafic crystalline rocks of the Piedmont uplands. Depth to
bedrock is more than 60 inches. Slopes are 2-25 percent.
2.4 Vegetation
The Bank is characterized primarily by actively grazed pasture with scattered disturbed forest.
Agricultural land is maintained for livestock grazing and has been planted with fescue (Festuca
sp.). Natural recruits of dog fennel (Eupatorium capillifolium), clover (Trifolium spp.), blackberry
(Rubus spp.), as well as other opportunistic herbaceous species grow sporadically throughout the
Bank. The area surrounding the downstream reach of UT 1 is disturbed wetland, which is
characterized by rushes (Juncus spp.), knotweed (polygonum spp), and sedges (Carex spp.).
Disturbed forest is largely cleared of understory species due to livestock pruning and is composed
Bank Parcel Development Package page 7
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

of sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), eastern red cedar (Juniperus
virginiana), various oaks (Quercus spp.), sycamore (Platanus occidentalis), and hornbeam
(Carpinus caroliniana).
2.5 Threatened and Endangered Species
Based on a search of the USFWS Information for Planning and Consultation (IPaC) database on
September 7, 2022, two federally protected species are listed for the project area. Table 4 lists
the federally protected species and indicates if potential habitat exists within the Bank for each;
preliminary biological conclusions and summaries follow. Additionally, the bald eagle (Haliaeetus
leucocephalus) is protected by the Bald and Golden Eagle Protection Act; however, habitat for
the bald eagle is not present within the Bank. The IPaC resource list, NCNHP report, and summary
letter of the federally protected species survey are included in Appendix D.
Table 4. Threatened and Endangered Species
Species
Federal Status
Habitat at Site
Biological
SummarySummary
Small Whorled Pogonia
Habitat exists in or near the project
(Isotria medeoloides)
Threatened
Yes
No Effect
boundaries but will not be affected
by restoration activities.
sunflower
Habitat exists in or near the project
(HelituSchweinitz's
(Helianthus schweinitzii)
Endangered
Yes
No Effect
boundaries, but a survey concluded
that no specimens are present.
Small Whorled Pogonia (Isotria medeoloides)
Small whorled pogonia is found in open, dry deciduous or mixed pine -deciduous forest, or along
stream banks. Examples of areas providing suitable conditions (open canopy and shrub layer
with a sparse herb layer) where small whorled pogonia has been found include old fields,
pastures, windthrow areas, cutover forests, old orchards, and semi -permanent canopy breaks
along roads, streams, lakes, and cliffs. In the Mountains and Piedmont of North Carolina, this
species is usually found in association with white pine (Pinus strobus). Marginally suitable habitat
is present in disturbed mixed hardwood areas within the project boundaries, but these areas will
not be adversely affected by restoration activities; therefore, this project will have No Effect on
small whorled pogonia.
Schweinitz's sunflower (Helianthus schweinitzii)
Schweinitz's sunflower is endemic to the Piedmont of North and South Carolina. The few sites
where this rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric
Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines
and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland
oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny
habitats where disturbances (e.g., mowing, clearing, grazing, storms, frequent fire) help create
open or partially open areas for sunlight penetration to the ground. Suitable habitat is present
within the project boundary, so a survey was conducted on September 15, 2022. The survey
Bank Parcel Development Package page 8
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

determined that no individuals are present, and therefore this project will have No Effect on
Schweinitz's sunflower.
2.6 Cultural Resources
The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or
artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or
potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site
significance are made with reference to the eligibility criteria of the National Register (36 CFR 60)
and in consultation with the North Carolina State Historic Preservation Office (SHPO).
Field visits were conducted at the Bank in the spring and summer of 2022 to ascertain the
presence of structures or other features that may be eligible for inclusion on the National Register
of Historic Places. No structures were identified within proposed easement boundaries;
however, coordination with SHPO will occur prior to construction activities to determine if any
significant cultural resources are present.
2.7 North Carolina Natural Heritage Elements
A search of the North Carolina Natural Heritage Program (NHP) database was conducted to
identify areas within or around the Bank that are already known to support rare species.
According to NHP files, no federally or state -protected species are known to occur within or
within a one -mile radius of the Bank. Additionally, the Randleman Lake managed area (Piedmont
Triad Regional Water Authority) is located within one mile of the Bank (Appendix D).
2.8 FEMA
Inspection of the FEMA Flood Insurance Rate Maps 3710773900J, Panels 7739 and 7738,
effective June 18, 2007, indicates that the project is not located within a flood area. Therefore,
a "Conditional Letter of Map Revision" (CLOMR) is not necessary for this Site.
2.9 Utilities
No utilities are located within easement boundaries. A Duke Energy powerline right-of-way runs
along the roadside adjacent to the eastern edge of the easement boundary, and a transmission
line runs just north of the Bank (Figure 5, Appendix A). Bank restoration activities will not affect
the adjacent utility easements.
2.10 Other Environmental Conditions
An Environmental Data Resources, Inc (EDR) Radius Map Report with Geocheck was ordered for
the Parcel on September 7, 2022. Neither the target property nor the adjacent properties were
listed in any of the Federal, State, or Tribal environmental data bases searched by EDR. The
executive summary of the EDR report is included in the Appendix E.
Bank Parcel Development Package page 9
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

3.0 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION PLAN
The riparian area will be restored through the revegetation of native plant communities. Detailed
analysis of plant communities and the planting plan follow. The riparian restoration areas will be
surveyed and information provided in the As -Built report. Areas where existing mature
vegetation exists are eligible for riparian buffer enhancement and preservation credit, depending
on existing stem density (Figure 8, Appendix A).
3.1 Riparian Area Restoration Activities
Riparian area restoration will involve planting appropriate native tree species along the riparian
corridor throughout Bank riparian restoration areas (21.96 acres). Vegetation management and
herbicide applications may be needed over the first few years of tree establishment in the
riparian restoration areas to prevent encroachment of undesirable species that may out -compete
the planted native vegetation. Tree species planted across the Bank are anticipated to include a
mixture of the species listed in Table 5. Species availability may result in the substitution of
regionally appropriate native species. A minimum of 4 species of trees and shrubs collectively
will be planted. Final species composition and density will be detailed in the As -built Report.
Riparian Buffer Restoration will occur on the site as follows (Figures 8, Appendix A). Note that all
areas of restoration from TOB to 29 feet will extend a minimum of 20 feet from TOB, and all areas
of restoration from TOB to 200 feet will extend a minimum of 30 feet from the TOB.
• UT-1: TOB-29 feet, TOB-200 feet
• UT-2: TOB-200 feet
• UT-3: TOB-200 feet
• E-1: TOB-200 feet
• E-2: TOB-200 feet
Table 5. Proposed Bare -Root Planting Plan
Common Name
Scientific Name
% of Total Planted Trees
Canopy Type
River birch
Betula nigra
15
Canopy
Tulip Poplar
Liriodendron tulipifera
10
Canopy
Red mulberry
Morus rubra
5
Midstory
Black gum
Nyssa sylvatica
10
Midstory
Sycamore
Platanus occidentalis
10
Canopy
Mockernut hickory
Carya tomentosa
5
Canopy
Swamp chestnut oak
Quercus michauxii
10
Canopy
Water oak
Quercus nigra
10
Canopy
Willow oak
Quercus phellos
10
Canopy
Shumard oak
Quercus shumardii
10
Canopy
American elm
Ulmus americana
5
Canopy
Trees will be planted at a density of approximately 680 stems per acre on 8-foot centers,
sufficient to meet the performance standards outlined in Rule 15A NCAC O2B .0295 of 260
planted trees per acre at the end of five years of monitoring. In addition, bare -root tree stock
Bank Parcel Development Package page 10
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

will be sufficient mixed during planting to ensure diversity and that no one tree species will be
greater than 50% of the established stems. An appropriate seed mix of annual and perennial
species will also be applied to provide temporary and permanent ground cover for soil
stabilization and reduction of sediment loss during rain events in areas without existing
herbaceous cover. Planting is tentatively scheduled for February 2023.
3.2 Riparian Buffer Enhancement
Riparian buffer enhancement will include supplementally planting and permanently protecting
existing riparian buffer from livestock via exclusionary fencing, cutting, clearing, filling, grading,
and any similar activities that would affect the functionality of the riparian buffer (Figure 8,
Appendix A). These areas are primarily described as disturbed mixed hardwoods. Buffer credits
sought in the enhancement area are allowed pursuant to 15A NCAC 02B .0295 (n). The
enhancement area will extend a maximum of 200 feet from the top of bank with a minimum
width of 20 from top of banks.
3.3 Riparian Buffer Preservation Activities
Riparian buffer preservation will include permanently protecting existing riparian buffer from
cutting, clearing, filling, grading, and any similar activities that would affect the functionality of
the riparian buffer. Areas specified for Preservation, as defined in 15A NCAC 02B .0295, are
shown in Figure 8 (Appendix A). These areas are primarily described as mixed hardwoods, with
the number of high value species above 200 per acre. They are areas where livestock are
currently fenced out, and there has been little or no historic livestock access.
3.4 Credit Release Schedule
Table 6. Credit Release Schedule
Task
Project Milestone
Credit
Available
for Sale
1
BPDP Approved by NCDWR, Conservation Easement Recorded, and Financial Assurance Posted
20
2
Mitigation Site Earthwork, Planting and Installation of Monitoring Devices Completed
20
3
Monitoring Financial Assurance Posted and NCDWR Approval of As -Built Report
10
4
Monitoring Report #1: Approved by NCDWR** & Financial Assurance renewed
10
5
Monitoring Report #2: Approved by NCDWR** & Financial Assurance renewed
10
6
Monitoring Report #3: Approved by NCDWR** & Financial Assurance renewed
10
7
Transfer or assign the conservation easement and all its interests, in perpetuity, to a land trust
or stewardship program
5
Note: No remaining credits will be released until the conservation easement has been assigned to
an approved land trust or stewardship program
8
Monitoring Report #4: Approved by NCDWR** & Financial Assurance renewed
5
9
Monitoring Report #5 & Project Closeout: Approved by NCDWR**
10
Total
100%
** DWR Approval provided upon determination that the site is meeting performance standards contained within
the approved BPDP.
Bank Parcel Development Package page 11
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

4.0 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the riparian buffer
restoration areas to measure the survival of the planted trees. The plots will be 100 square
meters each and will be randomly placed throughout the planted riparian areas. A total of
nineteen (19) plots (2.08% of the restoration/enhancement credit generating area) will be
established within the riparian restoration areas (Figure 9, Appendix A).
Vegetation assessments will be conducted and follow the Carolina Vegetation Survey (CVS) Level
2 Protocol for Recording Vegetation (Lee et. all, 2008). A reference photo will be taken from the
origin point of each plot and provided in the annual reports. All planted stems will be marked
with flagging tape and recorded.
Planting is scheduled for February 2023. The Sponsor will notify NCDWR within 30 days of
completion, and failure to do so may delay the credit -release schedule. The first annual
monitoring activities will commence at the end of the first growing season, at least five months
after planting has been completed and no earlier than the fall season. Species composition,
height, and survival rates will be evaluated on an annual basis by plot. The total number of
volunteer woody stems will also be documented and reported. The measure of vegetative
success for the Parcel will be the survival of at least four native hardwood tree species, where no
one species is greater than 50% of the established planted stems, and an established density of
at least 260 planted trees per acre at the end of monitoring year five. Appropriate and desirable
native volunteer species may be included in the Bank's density to meet the performance
standards with NCDWR approval.
The Sponsor shall submit the annual monitoring report to NCDWR by December 31 of each year
for five consecutive years and will follow the terms and conditions of the EMH Farms Mitigation
Banking Instrument.
4.2 Bank Maintenance
In the event that the Bank or a specific component of the Bank fails to achieve success criteria as
outlined in section 4.1A remedial action plan will be developed and implemented with the
approval of NCDWR. Other vegetation maintenance and repair activities may include pruning,
mulching, and fertilizing. If exotic invasive plant species require treatment, such species will be
controlled by mechanical (physical removal with the use of a chainsaw) and/or chemical methods
(aquatic approved herbicide) in accordance with North Carolina Department of Agriculture
(NCDA) rules and regulations.
The easement boundary will be checked annually as part of monitoring activities. Easement
boundary conditions and any maintenance performed will be reported in the annual monitoring
reports to NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period,
Bank Parcel Development Package page 12
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

the Sponsor must receive approval from NCDWR prior to conducting any mowing activities within
Randleman Buffer Zones 1 and 2 to ensure that no buffer violations have occurred.
4.3 Long -Term Management Plan
A Permanent Conservation Easement will preserve all areas and prohibit all use of the property
inconsistent with its use as mitigation property including any activity that would materially alter
the biological integrity of the Bank. The sponsor has requested the North Carolina Wildlife
Habitat Foundation (NCWHF) will agree to be holder of the easement. The Sponsor will provide
an endowment to the NCWHF to hold and enforce the Conservation Easement and its interests
in perpetuity. The Conservation Easement was recorded on
at the Guilford County courthouse in Deed Book
,Page (Appendix F.)
4.4 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel
and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post,
tree -blazing, or other means as allowed by site conditions and/or conservation easement.
Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as
needed basis.
5.0 FINANCIAL ASSURANCE
Following approval of the EMH Farms Bank Parcel Development Package, the Sponsor shall
provide a Performance Bond from a surety that is rated no less than an " A-" as rated by A. M.
Best. The performance bond amount shall be 100% of the estimated cost for implementation of
the project as described in the Bank Parcel Development Package, but not less than $ 150,000.
In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to
the first credit release. In that case, no performance bond will be necessary.
After completion of the restoration/ construction, a separate performance/ maintenance bond
will be secured for 100% of the estimated cost to implement the monitoring and maintenance
plan but not less than $ 100,000. The performance/ maintenance bond shall apply at the
inception of the monitoring period for a term of one year and be extended annually for a
minimum of five years. Upon DWR approval, this may be lowered each year based on the
adjusted cost to complete the monitoring.
Performance bonds for monitoring shall be renewed at least annually to cover the next year' s
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.
Bank Parcel Development Package page 13
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

6.0 MITIGATION POTENTIAL
The EMH Farms Mitigation Bank will provide Randleman Lake buffer mitigation credits for
development impacts within the Randleman Lake Watershed (Figure 8 and Table 7, Appendix A
and NCDWR Site Viability Letter, Appendix B). The width of the credit generation areas will begin
at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend
landward a maximum distance of 200 feet where the Sponsor is able. No buffer mitigation credit
generation areas will be less than 20 feet in width from TOB.
The Sponsor will maintain two (2) credit ledgers, if applicable, for the Bank under the MBI: one
(1) for Buffer Restoration mitigation credits and one (1) for Buffer Preservation and Enhancement
mitigation credits, both in square feet and acres.
7.0 REFERENCES
Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F.
MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and
South Carolina. U.S. Geological Survey, Reston, Virginia.
Information for Planning and Consultation (IPaQ. 2022. United States Fish and Wildlife Service
(online). Available: https://ipac.ecosphere.fws.gov/ (September 7, 2022).
Randleman Lake Buffer Protection Rule 15A NCAC 02B .0724
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.
Natural Resources Conservation Service (NRCS). 2022. Web Soil Survey (online). Available:
http://websoilsurvey.nres.usda.gov/app/ [August 31, 2022]. United States Department
of Agriculture.
Schafale, M.P. and A.S. Weakley. 2012. Classification of the Natural Communities of North
Carolina: Fourth Approximation. North Carolina Natural Heritage Program, Division of
Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources.
Raleigh, North Carolina.
Bank Parcel Development Package page 14
EMH Farms Buffer Mitigation Bank Clearwater Mitigation Solutions
Guilford County, North Carolina October 2022

APPENDIX A
FIGURES AND CREDIT DETERMINATION
Figure 1. Site Location and Service Area
Figure 2. USGS Topo Quad
Figure 3. NRCS Soil Survey
Figure 4. Historic Aerial Imagery
Figure 5. Existing Conditions
Figure 6. Restoration Plan
Figure 7. Planting Plan
Figure 8. Credit Determination
Figure 9. Monitoring Plan
Table 7. Project Credits
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

Its A
m
0
0
k 3�
w m rn
o
d
_
cow
c
LLml
U7
6
c�+�
-
o E>
�
o
a
l
fD U
C W D Z

C
Z
Nam
Z
a
y
N
0
O
0
N
M
Cl)
E
w w z
x
OD—
c�
Q
NLU
of
LLLLO
~a
N
�-
=jF
a
NON
a
d
(�
LL
a
m
w
D
3
ui
°'
m
a`
¢
U
aT
F
0
0
in
L
L
O LL
■
_
. ,
1
(oo
1
OIL .
•
.
.
- .
■
,
N
^ U
N
U Q
N
� 0
U 0TONEEN-0
(n O
■ ..
■
■
•
o Z
Z n
o
'
O
Z U)
N U
n
m 7
W Z
_
Lu
co
Z Z
■
,
■
■
■
� 0
O
In
,
■ i
,
•
■
■
o
Z U)
•
•
I,
ON,.1
■
U,
U
■
■
■
1
W D
�
O
■
■
■
�ti •
■
■
■
^ w
� Z
■- ■ ■_
■
NC7
■ ■
■
H U)
INS
r _
• ■
_
,
. `.
ins
—
'r
ti
-
1
■
r
�
�0 •
IF
•
r
M
.0
■
■J
~■
■ ■
�
_
_ ■
c
•
1
■
■
W
�
r
�W
r
On
■■
■

=
a`
Guilford County, NC
0
O
0
0
0

r.
a
Y
fn Q
c
^
CO
o
LL
LL LL O
o
w
_ D Q
CO
N
7K•
U 0 0 0
Z Y
C U
(D w
J N N
x M Qof
U 0 w (7 Q
a y W Q a o
O 2Q� Z LL
45 m
(7 m m m o
o o io L
. i—
rteJ �
N
O N
O LL
O
O
O E
N
w O
U)
_ LL
c w
a �

Prepared for
cP
U
Guilford County, NC
(� Z
0
O
0
0
0
z

Prepared for
U
Guilford County, NC
Z
0
Q Z
cic
oa
0
W
0
O
0
0
0
z
w
CO
C9

Prepared for
E
cF
ems.
U
Guilford County, NC
Z Z
z
Z
a
0
0
0
0
0

U
C
Z
U
Z
Z
O
Y O O O
E
to
CO
d'WZ
FQ
0 N
Z
LU
2_
0Z
Q
M
LL
J
¢
m W F
45
W
3 m m
in a`
O LL
O'
O
M
'
LO
O
4

N O M
C Z Z Y O O O
cn
c L COT Z (D N W
o C
E �� LLLL0 0 o� Q
o F' = F -o d o
C
"' CO=Q `o Z a z LL
< P o W
L U a 0 0 in a
d
O LL
a ' _..
Y U
O
4k O * O
I I
ca
l \
o o
E E
E E
u m a a a
`0 o rn rn
ro F .O a o a o
U) z U)z = =
N — -
II c o
E U _ o
o
E o o o o E E
E
m' m' m' m' m' m'
E E E
U) U) U)
U) en en
4 o d
o o o o o
` ` ` `o `o `o `o `o
M M M F F F F F
.19 :

!!#
;!£
/){�������������������
\}§ff!!
fff
,
R
77,
§2
�}
_0
))
\
\2
--
-
;
����
-o --:
§§§
/
}}Iw
}}}
!!!
\««\zwis
ml
0
CTI
)77
°
o�
(2..«§§%"7)
)|Io
Zf
\)2@§\()
Gƒ!]ƒ�®At
w,
�
§/2

APPENDIX B
AGENCY LETTERS/CORRESPONDENCE
NCDWR Stream Determination Letter, July 26, 2021
NCDWR Site Viability Letter, September 24, 2021
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
July 26, 2021
Kevin Yates
Clearwater Mitigation Solutions
Delivered via email to: [e-mail]
Subject: On -Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC
2B .0250)
Subject Property: EMH Farm Mitigation Site, Guilford County
Dear Mr. Yates:
On July 1, 2021, at your request, Sue Homewood, Caitlin Caudle and Jordan Burbage conducted an on -site
determination to review features located on the subject project for stream determinations with regards
to the above noted state regulations. Kenan Jernigan with Axiom Environmental Inc. was also present
during the site visit.
The attached sketch accurately depicts the channels that were reviewed during the site visit as well as
origin locations which were documented by Kenan Jernigan during the site visit. The channels that were
reviewed and their subjectivity to the above cited rules are described in the table below. Please note
that these regulations may be subject to change in the future.
Feature Identifier
Type of Feature
Randleman Buffer Rules
Subjectivity
UT-1
Perennial Stream
Subject
UT-2
Intermittent Stream
Subject
UT-3
Intermittent Stream
Subject
E-1
Ephemeral Stream
Not Subject
E-2
Ephemeral Stream
Not Subject
E-3
Ditch conveying untreated stormwater to
a buffered stream
Subject
The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in
any future correspondences concerning this property. This on -site determination shall expire five (5)
years from the date of this letter.
NORTH CAROLINAD `�` �v
Dewrtment of[ Iwmon"I Ouaikf
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
336,776.9800

Page 2 of 2
Landowners or affected parties that dispute a determination made by the Division or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that
dispute a determination by the Division or Delegated Local Authority that "exempts" surface water from
the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start
until the affected party (including downstream and adjacent landowners) is notified of this decision. The
Division recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a
hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within
Waters of the United States or Waters of the State or their associated buffers. If you have any additional
questions or require additional information, please contact me at 336-776-9693 or
sue. homewood @ ncdenr.gov.
Sincerely
DocuSigned by:
,;,. wo,-e-Ood
Sue Homewood
Winston-Salem Regional Office
Enclosures: USGS Topo Map
KCI Figure 10. Existing Conditions Map — DWR initialed/dated
Cc: EMH Farm LLC c/o Ms. Emily Hiatt, 7109-A Harlow Dr, High Point NC 27263
Katie Merritt, DWR (via email)
DWR, Winston-Salem Regional Office
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
NORTH CAROI„ NA
ocea^nm^ & a^•iity /"� 336.776.9800

0
� 9 4On 1
=I
I
' � I
VICINITY MAP
dr . f
-
QEasement = 26.6 ac
Prepared for: Project. Title: Drawn by:
KRJ FIGURE
Clearwater EMH FARM LLC USGS Date:
Mitigation RIPARIAN BUFFER TOPOGRAPHIC Mar2021
Solutions MITIGATION SITE MAP Scale: 1
(High Point East, 2019) 1-5000
aebm emnemwnur'r°`' Guilford County, NC Project No.: 19-008

Legend
QPotential Conservation Easement = 26.6 ac
- Intermittent/Perennial Stream Channel
- Ephemeral Channel
.-.M UT3
'.
a -
u- ..
UT-2
E-3 (ditch)
E-1
N
NOTE: Depicted stream determinations were field verified
by Ms. Sue Homewood (NCDWR) on July 1, 2021.
,
I
Feet
0 100 200
400
Prepared for: Project:
Title: Drawn by:
KRJ
FIGURE
Clearwater
EMH FARMS
Date:
Mitigation
RIPARIAN BUFFER
MITIGATION SITE
STREAM Jul2021
DETERMINATION ScaleAft
1
Solutions
:
os 12000
aebm emnei.:wnur'r°`'
Guilford County, NC
f 7/26/2021 Project No.:
19-008

DocuSign Envelope ID: 458687C3-6621-4063-A57B-CA20F98B44F8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 24, 2021
Kevin Yates
Clearwater Mitigation Solutions
(via electronic mail: [e-mail] )
Re: Site Viability for Buffer Mitigation — EMH Farm Site
Near 5862 Groometown Rd, High Point, NC
Randleman Lake Watershed
Guildford County
Dear Mr. Yates,
On July 29, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Clearwater Mitigation Solutions (CMS) for a site visit near the above -
referenced site in the Randleman Lake Watershed. The site visit was to determine the potential for
riparian buffer mitigation within a proposed conservation easement boundary, which is more
accurately depicted in the attached map labeled Figure 1 prepared by EMH. The proposed easement
boundary in Figure 1, includes all riparian areas intended to be proposed as part of the mitigation site.
On September 16, 2021, Ms. Merritt performed a site assessment of the subject site. Staff with CMS
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).
Feature
Classification
1Subiect
Riparian Land uses
Buffer
3Nutrient
','Mitigation Tyne Determination Win
to
riparian areas
onsite
adiacent to Feature
Credit
Offset
Buffer
0( 200')
Viable
Viable
Rule
2,273.02
lbs-N/acre
UTl
Stream
Yes
Mostly non -forested
2Yes
N/A
Non -forested pasture - Restoration Site
pasture. Upstream is fully
per 15A NCAC 02B .0295 (n)
forested and downstream is
partially forested (see map)
Forested Areas - Preservation Site per
15A NCAC 02B .0295 (o)(5)
An old culvert was located
in the stream and needs to
Partially Forested Areas — Enhancement
be removed
Site per 15A NCAC 02B .0295 (n)
DE 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
NORTH CAROLINA -
Dep.�eftaf e.Wrw­m I Qusu\ 919.707.9000

DocuSign Envelope ID: 458687C3-6621-4063-A57B-CA20F98B44F8 EMH Farm Site
Clearwater Mitigation Solutions
September 24, 2021
Feature
Classification
'Subject
Riparian Land uses
Buffer
3Nutrient
4'Mitigation Tyne Determination Win
onsite
to
riparian areas
adjacent to Feature
Credit
Offset
Buffer
0( 200')
Viable
Viable at
Rule
2,273.02
lbs-N/acre
UT2
Stream
Yes
non -forested pasture grazed
Yes
N/A
Restoration Site per 15A NCAC 02B
by cattle.
.0295 (n)
Culvert needs to be
Minor bank stabilization measures where
removed from channel if
erosion was noted onsite.
not being used as a crossing
UT3
Stream
Yes
non -forested pasture grazed
Yes
N/A
Restoration Site per 15A NCAC 02B
by cattle.
.0295 (n)
E-1
Ephemeral
No
non -forested pasture grazed
Yes
N/A
Restoration Site per 15A NCAC 02B
(starts @
by cattle.
.0295 (o)(7)
E-2
Ephemeral
No
non -forested pasture grazed
Yes
N/A
Restoration Site per 15A NCAC 02B
(starts @
by cattle.
.0295 (o)(7)
35.919306,
-79.892575)
E-3
Ditch <3'
Yes
non -forested pasture grazed
*See Note
N/A
Restoration Site per 15A NCAC 02B
(starts @
depth
by cattle.
.0295 (o)(8)
35.918515,
(conveying
-79.892390)
SW to stream)
*Buffer Mitigation Note —
Assessment concludes the ditch meets
15A NCAC 02B .0295 (o)(8) (A, B, C, D
& E). More information on the
watershed is required to be provided
in a mitigation plan for complete
assessment. See rule.
'Subjectivity calls for the features were determined by DWR in correspondence dated July 26, 2021 (DWR# -no ID) 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 preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
3NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment. Credits are calculated differently in the Jordan Lake Watershed. Phosphorus may be calculated separately.
'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area. Easement breaks that disconnect the continuity of riparian restoration/enhancement/preservation result in no credit viable beyond
the break.
'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).
7The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). Cattle
exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule.
Determinations provided in the table above were made using a proposed easement boundary showing
proposed mitigation areas shown in Figure 1. The map representing the proposal for the site is
attached to this letter and initialed by Ms. Merritt on September 24, 2021. Substantial changes to the
Page 2 of 3

DocuSign Envelope ID: 458687C3-6621-4063-A57B-CA20F98B44F8 EMH Farm Site
Clearwater Mitigation Solutions
September 24, 2021
proposed easement boundary as well as any site constraints identified in this letter, could affect the
Site's potential to generate buffer mitigation 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 .0703, 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 .0703.
This viability assessment will expire on September 24, 2021 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,
PW/kym
Attachments: Figure 1: Aerial Map
cc: File Copy (Katie Merritt)
E/P-
DocuSigned by:
awe W10 I �•
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
Page 3 of 3

DocuSign Envelope ID: 458687C3-6621-4063-A57B-CA20F98B44F8
Prepared for: Project: ••• Partially Drawn by: FIGURE
• • Forested glribi KRJ
Clearwater EMH FARMS Date:
Mitigation
RIPARIAN BUFFER „ ! Forested Jul 2021
i
Solutions MITIGATION SITE Scale:
12000
Guilford County, NC Project No.: 19 008

APPENDIX C
DATA
NCDWR SWIT Forms
Site Photos
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

NC DWQ Stream Identification Form Version 4.11 i�'+`"�'1 V' "
Date: t ) IS Z,t
Project/Site: �M R g4L&At�,�
Latitude: M i I l S
Evaluator: �all f t� 11 x+®oA
County: Gµ' C4 fl
Longitude: _�q 15 51?
Total Points:
Stream Determination (c'
Other 4;r' PMA-t
Stream is at least intermittent 3 H S
if 2 19 or perennial if z 30' '
Ephemeral Intermitter erennial
e.g. Quad Name: I 1,110 �`
A. Geomorphology (Subtotal = (4.5 7
Absent
Weak
Moderate
Strong
1 a. Continuity of channel bed and bank
0
1
2
(3
2. Sinuosity of channel along thalweg
0
1
Z.
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
2
3
4. Particle size of stream substrate
0
1
2j
3
5. Active/relict floodplain
0
1)
2
3
6. Depositional bars or benches
0
1
; 2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
6
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No 0
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = it }
12. Presence of Baseflow
0
1
2
13. Iron oxidizing bacteria
0
1
. 2
3
14. Leaf litter
1.
1
0.5
0
15. Sediment on plants or debris
0
' 0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1.5
17. Soil -based evidence of high water table?
No = 0
Yes -.3)
G. Bioloav (Subtotal = 'f ]
18. Fibrous roots in streambed
'.`3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
0
1
1.5
23. Crayfish
0
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
1' 0 j
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: l iwr (u,+.a. �c� �r�� �',rk
uucr�l rt w�bwtti'a . c Jura( ac,�r•��
r + �.Q+irt
t. 00-if
Sketch:

NC DWQ Stream Identification Form Version 4.11 t,,, 'V 2 ()) -Z
Date: I t
Project/Site: -
Latitude:
Evaluator:, �� h�YioV�
County: �w4l„)
Longitude: -, gQZSSZ
Total Points:
Stream is at least intermittent
Stream Det circle one)
Other ��q�► f��^ F
bs
if z 19 or erenniai if a 30•
Ephemeral termi! n Perennial
e.g. Quad Name: 1 G
p,.aS l"
A. Geomor holo (Subtotal = 10 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank PtfLN
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
Q
2
3
4. Particle size of stream substrate
0
1
3
5. Active/relict floodplain
0
(1,
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1,.
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1 1.5
11. Second or greater order channel
No = 0
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 11 . S )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
14. Leaf litter
1 5
1
0.5
0
15. Sediment on plants or debris
0
K5
1
1.5
16. Organic debris lines or piles
0
_0:5.
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3 '
C. Biology (Subtotal = 77
18. Fibrous roots in streambed
63
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
t_ _(�
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0 :
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5
Other = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: MMI,I : )t- S 447&, -" , 0 61M, 4..
Sketch:
af:Ikn

� NC DWQ Stream Identification Form Version 4.11 3 UT-3 �f�
Date: 1 IsizI
Project/Site: 6M R - V!'Z
Latitude: 35,g14��1
Evaluator: '� ,"„,, ' � ►"erie+
County: 6--c- J
Longitude:
Total Points:
Stream is at least intermittent 2g
Stream Dete (circle one)
Ephemeral Intermitter Perennial
Other (,1 k
e.g. Quad Name:�fl
if 2 19 orperennial ifz 30*
A. Geomorphology (Subtotal = 10"S )
I Absent
Weak
Moderate
Strong
1 a. Continuity of channel bed and bank P, %,H
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
2
3
4. Particle size of stream substrate
0
1
IJ
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
(1 ,
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No � oj
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hydrology ..Subtotal = 6,5)
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.755
1
0.5
0
15. Sediment on plants or debris
0
0.
1
1.5
16. Organic debris lines or piles
0
0.5
1
_ 1.5
17. Soil -based evidence of high water table?
No = 0
Yes
3
C. Biology Subtotal =
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3_
2
1
0
20. Macrobenthos (note diversity and abundance)
0
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5
Other = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: Mv,1}, I{ ••a.-«-.� .��►�
��w�
Sketch:

Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
EMH Farms
Site Photos (UT 1)
Taken April 2022
W-M-19ho-1;
,z{
c
Appendices
Clearwater Mitigation Solutions
October 2022

EMH Farms
Site Photos (UT 2, E 1, E 3)
Taken April 2022
—VW:�Wal _
,, a
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

EMH Farms
Site Photos (UT 2, E 1, E 3)
Taken April 2022
—VW:�Wal _
,, a
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

APPENDIX D
THREATENED AND ENDANGERED SPECIES DATA
Summary Letter of Federally Protected Species Survey
North Carolina Natural Heritage Program (NCNHP) Report
USFWS IPaC Resource List
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

Ak
Axiom Environmental, Inc.
September 15, 2022
Mr. Kevin Yates
Clearwater Mitigation Solutions
604 Macon Place
Raleigh, NC 27609
Axiom Environmental, Inc.
218 Snow Avenue, Raleigh, North Carolina 27603 423-400-8882
Re: Federally Protected Species Survey 22-033
EMH Farms Buffer Mitigation Site, Guilford County
Dear Mr. Yates:
Axiom Environmental, Inc. (Axiom) is pleased to provide you with this summary letter of the
results of a federally protected species survey at the EMH Farms Buffer Mitigation Bank (hereafter
referred to as the Site, see figures in Appendix A, BPDP). The survey was conducted by Axiom
biologists Allison Keith and Myles Lance on September 15, 2022.
Protected Species
The U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC)
has identified two federally protected species to occur within or near the Site, Schweinitz's
sunflower (Helianthus schweinitzii) and Small Whorled Pogonia (Isotria medeoloides). In
addition, the USFWS lists one species protected by the Bald and Golden Eagle Protection Act
(BGPA), bald eagle (Haliaeetus leucocephalus). For each species, a brief discussion of habitat is
included below along with the Biological Conclusion rendered based on survey results within the
Site.
Schweinitz's sunflower
• Habitat Description: Schweinitz's sunflower is endemic to the Piedmont of North and
South Carolina. The few sites where this rhizomatous perennial herb occurs in relatively
natural vegetation are found in Xeric Hardpan Forests. The species is also found along
roadside rights -of -way, maintained power lines and other utility rights -of -way, edges of
thickets and old pastures, clearings and edges of upland oak -pine -hickory woods and
Piedmont longleaf pine forests, and other sunny or semi -sunny habitats where disturbances
(e.g., mowing, clearing, grazing, storms, frequent fire) help create open or partially open
areas for sunlight penetration to the ground.
• Biological Conclusion: Suitable habitat for Schweinitz's sunflower occurs within the Site
along the margins of roadways, woodland edges, and the perimeter of agricultural fields.
The USFWS has determined the optimal survey windows for the sunflower is late August

Axiom Environmental, Inc.
Mr. Kevin Yates
Clearwater Mitigation Solutions
September 15, 2022
Page 2
to October (or the first frost). A known population was visited and observed by Axiom
biologist on September 15, 2022, prior to conducting surveys at the Site, and found this
species to be in flower. Systematic surveys of suitable habitat were then conducted on Site
by Axiom biologists on September 15, 2022 and identified no individuals. In addition, a
review of N.C. Natural Heritage Program (NCNHP) records on September 8, 2022,
indicates no known occurrence within 1.0 mile of the Site. This project will therefore have
no effect on Schweinitz's sunflower.
Small Whorled Pogonia
Habitat Description: Small whorled pogonia is found in open, dry deciduous or mixed
pine -deciduous forest, or along stream banks. Examples of areas providing suitable
conditions (open canopy and shrub layer with a sparse herb layer) where small whorled
pogonia has been found include old fields, pastures, windthrow areas, cutover forests, old
orchards, and semi -permanent canopy breaks along roads, streams, lakes, and cliffs. In the
Mountains and Piedmont of North Carolina, this species is usually found in association
with white pine (Pious strobus).
Biological Conclusion: The areas of disturbed mixed hardwoods within project
boundaries are marginally suitable habitat for small whorled pogonia, however, proposed
project activities are not anticipated to impact the understory in these areas. In addition, a
September 8, 2022, review of the N.C. Natural Heritage Program (NCNHP) records
indicates no occurrence of this within 1.0 mile of the Site, therefore, this project will have
no effect on small whorled pogonia.
Bald Eagle
Habitat Description: Habitat for bald eagle primarily consists of mature forest in
proximity to large bodies of open water for foraging. Large, dominant trees are utilized
for nesting sites, typically within 1.0 mile of open water.
Biological Conclusion: A review of aerial photography reveals several small ponds within
one mile of the Site that may be large enough and sufficiently open to be considered
potential feeding and roosting habitat. An investigation of onsite trees found no eagles or
eagle nests. A September 8, 2022 review of the NCNHP records indicates no occurrence
of this species within 1.0 mile of the Site. This project will therefore have no effect on
bald eagle.

Axiom Environmental, Inc.
Mr. Kevin Yates
Clearwater Mitigation Solutions
September 15, 2022
Page 3
Please let us know if you have any questions concerning our findings. We appreciate the
opportunity to provide you with these services.
Yours truly,
AXIOM ENVIRONMENTAL, INC.
Allison Keith
Project Scientist

Roy Cooper, Governor
■ ■■■
■■ ■ INC DEPARTMENT OF
■■■■i NATURAL AND CULTURAL RESOURCES
■ ■■
September 8, 2022
Allison Keith
Axiom Environmental
218 Snow Ave
Raleigh, NC 27603
RE: EMH Farms; 22-033
Dear Allison Keith:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
n[ ►�7�1.1�1��i��:31
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
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 found within the project area or is 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:
httr)s://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.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are 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 rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

/
2 \
j
CO e
s 2
e
s
>
\
nE
/
o e
e
z
0
/
\
u
/ /
%
`CO
e
.0
u
C
E
s/
Clgg
..
©
\
\
/
e
n
0
3
�
\/
\\
32
CO
2
s/
/s
3§
2
Gƒ
E
�\
\/
§
u
%_
=
CO&
m
CO
u
77
\\
<
®
%3
e
= e
s
/
u
/ \
\_\
\\\
c mo
CO
±
E \
CO®
>
6
<
m g
2
-
»
\
\
2
\
\ \
©\ co
/
\.z
z
7
\
ƒ /
/
CC)
z
a
CO CO
xcZ
2
0
/
ƒ \
w 2
mw\e3
±/ 2
5 c
/
/
2\
ET
/.j\\
«^)©\
`\
<
a
3!
\
ƒ~Z
a
t
%
m =
EEu:
c /±\
\ \
\
/
±
O
\
%
Z
e
5 E
%
2
\
\
\\
\
/ /
/
/
m y
3
\ \
m /
\E
CO
D\\
�\
§
z E
\
\
\/
/
\
0
\
O
/
E
s\
E
\
\
`
6
\\
/
ee
\
/
/
\:
\
\ (
7
`
(
COg
Z
CO
.k
/
»
e
\
\
.g
z
z
\
E.±
2
\
\
-
v^
_
//
/
\
\
�\
COc
Z
z
o
E
\/
CC)
§
=
\\\
\
`
\\
\E
/
}
\
±
Lnv
CO CO e
= \
9CO
/
6
/
oCO
\ \
E
/
2 E
°
t\
o = z
CO
=
CO
0) 0) »
.0 2
E o=
u
Z
//\
\ g
/ \ \=
\
CO CO
\
/
/
/
§
/

I
Tom Ball Rd
I
V)
IIe9Wo1 I
I
I
I
I
.\ton Rd
L
LO
o
I
Pb 4s�P
Ind
I
00
N
I
0
�
I
I
eN
I
o
�
s'm
I
I
o,
2
I
a
I
2�
z
I
Pb u °l o°a I
I
ua
3
I
I
I
�a
srn
I
�a
s
I
JZ
I
I
I
I
I
A
O� I
7
r
�a�low
I
I
d`Pdb
I
ti�
(/7UDJg /b�/(nl
T
I
L I
= I
�A
Y
z I
I
m
I
I
I
z
+1
I
3
m U. E -
°nzsm°S.
w c
Q O
ru
aj
O =
N Q O
O O ca
N aj
01 N V
OD f0 (v a)
c �-: .o
a � ru m a
CD ❑ ❑
Q)
M
O
M
N
a

IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as
critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife
Service's (USFWS) jurisdiction that are known or expected to be on or near the project
area referenced below. The list may also include trust resources that occur outside of the
project area, but that could potentially be directly or indirectly affected by activities in the
project area. However, determining the likelihood and extent of effects a project may have
on trust resources typically requires gathering additional site -specific (e.g.,
vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed
activities) information.
Below is a summary of the project information you provided and contact information for
the USFWS office(s) with jurisdiction in the defined project area. Please read the
introduction to each section that follows (Endangered Species, Migratory Birds, USFWS
Facilities, and NWI Wetlands) for additional information applicable to the trust resources
addressed in that section.
Location
Guilford County, North Carolina
i�
1
O
8'.
(�UILFORE)
Local office
Raleigh Ecological Services Field Office
t. [phone]

JEJ [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, INC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, INC 27606-1487
G

Endangered species
This resource list is for informational purposes only and does not constitute an
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI
includes areas outside of the species range if the species could be indirectly affected by
activities in that area (e.g., placing a dam upstream of a fish population even if that fish
does not occur at the dam site, may indirectly impact the species by reducing or
eliminating water flow downstream). Because species can move, and site conditions can
change, the species on this list are not guaranteed to be found on or near the project
area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list
from either the Regulatory Review section in IPaC (see directions below) or from the local
field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program
of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National
Oceanic and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under theirjurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC
also shows species that are candidates, or proposed, for listing. See the listing status
page for more information. IPaC only shows species that are regulated by USFWS (see
FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an

office of the National Oceanic and Atmospheric Administration within the Department
of Commerce.
The following species are potentially affected by activities in this location:
I nsects
NAME
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Schweinitz's Sunflower Helianthus schweinitzii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3849 Xw
Small Whorled Pogonia Isotria medeoloides
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1890
Critical habitats
STATUS
Candidate
STATUS
\0
Endangered
Threatened
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden
Eagle Protection Acts.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and
consider implementing appropriate conservation measures, as described below.

1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library_
/collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files
/documents/nationwide-standard-conservation-measures.pdf
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how
this list is generated, see the FAQ below. This is not a list of every bird you may find in this
location, nor a guarantee that every bird on this list will be found in your project area. To
see exact locations of where birders and the general public have sighted birds in and
around your project area, visit the E-bird data mapping tool (Tip: enter your location,
desired date range and a species on your list). For projects that occur off the Atlantic
Coast, additional maps and models detailing the relative occurrence and abundance of
bird species on your list are available. Links to additional information about Atlantic Coast
birds, and other important information about your migratory bird list, including how to
properly interpret and use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization
measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF
PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be
present and breeding in your project area.
NAME
BREEDING SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug 25
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most
likely to be present in your project area. This information can be used to tailor and
schedule your project activities to avoid or minimize impacts to birds. Please make sure
you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence ( )

Each green bar represents the bird's relative probability of presence in the 10km grid
cell(s) your project overlaps during a particular week of the year. (A year is represented as
12 4-week months.) A taller bar indicates a higher probability of species presence. The
survey effort (see below) can be used to establish a level of confidence in the presence
score. One can have higher confidence in the presence score if the corresponding survey
effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events
in the week where the species was detected divided by the total number of survey
events for that week. For example, if in week 12 there were 20 survey events and the
Spotted Towhee was found in 5 of them, the probability of presence of the Spotted
Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of
presence at week 12 (0.25) is the maximum of any week of the year. The relative
probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a
statistical conversion so that all possible values fall between 0 and 10, inclusive. This is
the probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season (
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in
your project area.
Survey Effort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently
relevant information. The exception to this is areas off the Atlantic coast, where bird
returns are based on all years of available data, since data in these areas is currently
much more sparse.

probability of presence breeding season survey effort — no data
SPECIES ]AN FEB MAR APR MAY
Chimney
Swift
BCC
Rangewide
(CON)
JUN JUL AUG SEP OCT NOV DEC
Tell me more about conservation measures I can implement to avoid or minimize impacts to
migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all
birds at any location year round. Implementation of these measures is particularly important when
birds are most likely to occur in the project area. When birds may be breeding in the area, identifying
the locations of any active nests and avoiding their destruction is a very helpful impact minimization
measure. To see when birds are most likely to occur and be breeding in your project area, view the
Probability of Presence Summary. Additional measures or permits may be advisable depending on the
type of activity you are conducting and the type of infrastructure or bird species present on your project
site.
What does IPaC use to generate the list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC). and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey_, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention
because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species
that has a particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project
area. It is not representative of all birds that may occur in your project area. To get a list of all birds
potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided
by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey,
banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to
interpret them, go the Probability of Presence Summary and then click on the "Tell me about these
graphs" link.

How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a
bird on your migratory bird species list has a breeding season associated with it, if that bird does occur
in your project area, there may be nests present at some point within the timeframe specified. If
"Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout
their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the
Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs)
in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid
and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean
Data Portal. The Portal also offers data and information about other taxa besides birds that may be
helpful to you in your project review. Alternately, you may download the bird model results files
underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive
Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project
webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For
additional information on marine bird tracking data, see the Diving Bird Study_ and the nanotag studies
or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report

The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of
priority concern. To learn more about how your list is generated, and see options for identifying what
other birds may be in your project area, please see the FAQ "What does IPaC use to generate the
migratory birds potentially occurring in my specified location". Please be aware this report provides the
"probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact
project footprint. on the graphs provided, please also look carefully at the survey effort (indicated by
the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high
survey effort is the key component. If the survey effort is high, then the probability of presence score
can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of
data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply
a starting point for identifying what birds of concern have the potential to be in your project area, when
they might be there, and if they might be breeding (which means nests might be present). The list helps
you know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities, should
presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about
conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom
of your migratory bird trust resources page.
Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be
subject to the restrictions on federal expenditures and financial assistance and the
consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et
seq.). For more information, please contact the local Ecological Services Field Office or visit
the CBRA Consultations website. The CBRA website provides tools such as a flow chart to
help determine whether consultation is required and a template to facilitate the
consultation process.
There are no known coastal barriers at this location.
Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are
depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered
authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone"
that appears as a hatched area on either side of the boundary). For projects that are very close to a
CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official
determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-
resources-system-property-documentation
Data exclusions
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the
location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore

projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas
projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional
information, please contact [e-mail].
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands
nve nto ry
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps
of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working
to update our NWI data set. We recommend you verify these results with a site visit to
determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
RIVERINE
Riverine

A full description for each wetland code can be found at the National Wetlands Inventory_
website
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis
of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography.
A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any
particular site may result in revision of the wetland boundaries or classification established through
image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the
image analysts, the amount and quality of the collateral data and the amount of ground truth
verification work conducted. Metadata should be consulted to determine the date of the source
imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.
There may be occasional differences in polygon boundaries or classifications between the information
depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the
design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state,
or local government or to establish the geographical scope of the regulatory programs of government
agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland
areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency
regulatory programs and proprietary jurisdictions that may affect such activities.

APPENDIX E
ENVIRONMENTAL DATA RESOURCES (EDR) REPORT EXECUTIVE SUMMARY
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

EMH Farms
5860 Groometown Road
High Point, NC 27263
Inquiry Number: 7110565.2s
September 07, 2022
6 Armstrong Road, 4th floor
Shelton, CT 06484
(rEDW Toll Free: 800.352.0050
www.edrnet.com
FORM-LBE-MGA

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
GR-1
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, LLC. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist
from other sources. This Report is provided on an "AS IS", "AS AVAILABLE" basis. NO WARRANTY EXPRESS OR IMPLIED IS MADE
WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, LLC AND ITS SUBSIDIARIES,
AFFILIATES AND THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, OF ANY KIND OR NATURE, EXPRESS OR IMPLIED,
ARISING OUT OF OR RELATED TO THIS REPORT OR ANY OF THE DATA AND INFORMATION PROVIDED IN THIS REPORT,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS,
COMPREHENSIVENESS, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON -INFRINGEMENT,
MISAPPROPRIATION, OR OTHERWISE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA
RESOURCES, LLC OR ITS SUBSIDIARIES, AFFILIATES OR THIRD PARTY SUPPLIERS BE LIABLE TO ANYONE FOR ANY DIRECT,
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED
TO LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA) INFORMATION PROVIDED IN THIS REPORT. 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 an assessment performed by a qualified environmental professional can provide findings, opinions or conclusions regarding the
environmental risk or conditions in, on or at any property.
Copyright 2022 by Environmental Data Resources, LLC. All rights reserved. Reproduction in any media or format, in whole or in part, of any
report or map of Environmental Data Resources, LLC, or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, LLC or its affiliates. All other
trademarks used herein are the property of their respective owners.
TC7110565.2s 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 (E1527-21), 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
5860 GROOMETOWN ROAD
HIGH POINT, NC 27263
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator
UTM X (Meters):
UTM Y (Meters):
Elevation:
35.9190560 - 35- 55' 8.60"
79.8943390 - 79- 53' 39.62"
Zone 17
599756.6
3975335.0
801 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map
Version Date:
East Map:
Version Date:
AERIAL PHOTOGRAPHY IN THIS REPORT
13840509 HIGH POINT EAST, NC
2019
13702498 PLEASANT GARDEN, NC
2019
Portions of Photo from: 20140827, 20140705
Source: USDA
TC7110565.2s EXECUTIVE SUMMARY 1

F- MAPPED SITES SUMMARY
Target Property Address:
5860 GROOMETOWN ROAD
HIGH POINT, NC 27263
Click on Map ID to see full detail.
MAP
ID SITE NAME ADDRESS
NO MAPPED SITES FOUND
DATABASE ACRONYMS
RELATIVE DIST (ft. & mi.)
ELEVATION DIRECTION
7110565.2s 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
Lists of Federal NPL (Superfund) sites
NPL___________________________ National Priority List
Proposed NPL________________ Proposed National Priority List Sites
NPL LIENS -------------------- Federal Superfund Liens
Lists of Federal Delisted NPL sites
Delisted NPL__________________ National Priority List Deletions
Lists of Federal sites subject to CERCLA removals and CERCLA orders
FEDERAL FACILITY__________ Federal Facility Site Information listing
SEMS_________________________ Superfund Enterprise Management System
Lists of Federal CERCLA sites with NFRAP
SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive
Lists of Federal RCRA facilities undergoing Corrective Action
CORRACTS__________________ Corrective Action Report
Lists of Federal RCRA TSD facilities
RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal
Lists of Federal RCRA generators
RCRA-LQG------------------- RCRA- Large Quantity Generators
RCRA-SQG------------------- RCRA- Small Quantity Generators
RCRA-VSQG----------------- RCRA- Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity
Generators)
Federal institutional controls / engineering controls registries
LUCIS_________________________ Land Use Control Information System
TC7110565.2s EXECUTIVE SUMMARY 3

EXECUTIVE SUMMARY
US ENG CONTROLS_________ Engineering Controls Sites List
US INST CONTROLS --------- Institutional Controls Sites List
Federal ERNS list
ERNS_________________________ Emergency Response Notification System
Lists of state- and tribal (Supen°und) equivalent sites
NC HSDS_____________________ Hazardous Substance Disposal Site
Lists of state- and tribal hazardous waste facilities
SHWS------------------------- Inactive Hazardous Sites Inventory
Lists of state and tribal landfills and solid waste disposal facilities
SWF/LF_______________________ List of Solid Waste Facilities
OLI____________________________ Old Landfill Inventory
DEBRIS_______________________ Solid Waste Active Disaster Debris Sites Listing
LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications
Lists of state and tribal leaking storage tanks
LAST__________________________ Leaking Aboveground Storage Tanks
LUST -------------------------- Regional UST Database
INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land
LUST TRUST_________________ State Trust Fund Database
Lists of state and tribal registered storage tanks
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
Lists of state and tribal voluntary cleanup sites
VCP___________________________ Responsible Party Voluntary Action Sites
INDIAN VCP__________________ Voluntary Cleanup Priority Listing
Lists of state and tribal brownfield sites
BROWNFIELDS______________ Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS----------- A Listing of Brownfields Sites
TC7110565.2s EXECUTIVE SUMMARY 4

EXECUTIVE SUMMARY
Local Lists of Landfill / Solid Waste Disposal Sites
SWRCY_______________________
Recycling Center Listing
HIST LF_______________________
Solid Waste Facility Listing
INDIAN ODI___________________
Report on the Status of Open Dumps on Indian Lands
ODI___________________________
Open Dump Inventory
DEBRIS REGION 9___________
Torres Martinez Reservation Illegal Dump Site Locations
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
PFAS-------------------------- PFAS Contamination Site Listing
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
TC7110565.2s EXECUTIVE SUMMARY 5

EXECUTIVE SUMMARY
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
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
DOCKET HWC----------------
Hazardous Waste Compliance Docket Listing
UXO ---------------------------
Unexploded Ordnance Sites
ECHO -------------------------
Enforcement & Compliance History Information
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
MINES MRDS-----------------
Mineral Resources Data System
CCB___________________________
Coal Ash Structural Fills (CCB) Listing
SEPT HAULERS______________
Permitted Septage Haulers Listing
PCSRP------------------------
Petroleum -Contaminated Soil Remediation Permits
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
4Q AN=1d11Y=IN=IeZrZeP/=INkiIky,I =Ikik&I:Na19�I
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 not identified.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC7110565.2s EXECUTIVE SUMMARY 6

EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC7110565.2s EXECUTIVE SUMMARY 7

OVERVIEW MAP - 7110565.2S
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
County Boundary
Disposal Sites
Power transmission lines
Special Flood Hazard Area (1%)
0.2% Annual Chance Flood Hazard
❑
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: EMH Farms
CLIENT: Axiom Environmental
ADDRESS: 5860 Groometown Road
CONTACT: Kenan Jernigan
High Point NC 27263
INQUIRY #: 7110565.2s
LAT/LONG: 35.919056 / 79.894339
DATE: September 07, 2022 4:47 pm
Copyright �o 2022 EDR, Inc. (,) 2015 TonnTom Rai. 2015.

DETAIL MAP - 7110565.2S
Target Property
0 1/16 1/9
1/4Mlles
A
Sites at elevations higher than
or equal to the target property
Indian Reservations BIA
Hazardous Substance
♦
Sites at elevations lower than
County Boundary
Disposal Sites
the target property
Power transmission lines
1
Manufactured Gas Plants
ElNational
Wetland Inventory
i
Sensitive Receptors
El
State Wetlands
National Priority List Sites
Dept. Defense Sites
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: EMH Farms
CLIENT: Axiom Environmental
ADDRESS: 5860 Groometown Road
CONTACT: Kenan Jernigan
High Point NC 27263
INQUIRY #: 7110565.2s
LAT/LONG: 35.919056 / 79.894339
DATE: September 07, 2022 4:48 pm
Copyright �o 2022 EDR, Inc. (,) 2015 TonnTom Rai. 2015.

APPENDIX F
CONSERVATION EASEMENT
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
October 2022

X
X
OQ
a ¢
N
z
O
pw _xu'iwuxl� ?w x6o pew
o
W
wwwawwww�w�xw..�aw�waoaUU
0
� zg
p
W
z
aarz
Q
^^�
�
aW2OJHWpKQO
aw��Juwtt'
~
o
O W pZ_
pMop`^u_—i
AAF
�oLL-
w2Z
lo
-�
oz
UariZ
2
U
lw
tlOM NMOAW6a
Z]N
rcMdNMnOQ
I
O4B0
aVON NMO19WO0
0NO�E-
lz1�iU'cYb9a
'
71,
cN2cis>Uo
RE
o
p
to
ZJ
cl
gra
o
O
Q
00O
—N
dwi
a
'u
w'3g_
1
U
o
U
L
L

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
day of , 2012 by and between EMH Farm, LLC, a North
Carolina limited liability company,("Grantor") and Clearwater Mitigation Solutions, LLC,
a North Carolina limited liability company ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine,
feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and
being in Guilford County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property");

WHEREAS, Grantee is a North Carolina limited liability company who will be
assigning its interest to North Carolina Wildlife Habitat Foundation, Inc. a North
Carolina non-profit corporation, who is a charitable, not -for -profit or educational
corporation, association, or trust qualified under § 501 (c)(3) and § 170 (h) of the
Internal Revenue Code, and N.C. Gen. Stat. § 121-34 et seq., the purposes or powers
of which include one or more of the purposes (a) — (d) listed below;
(a) retaining or protecting natural, scenic, or open -space aspects of real
property;
(b) ensuring the availability of real property for recreational, educational,
or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air or water quality.
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following
natural communities: add or delete as appropriate: wetlands, streams, and riparian
buffers. The purpose of this Conservation Easement is to maintain streams, wetlands
and riparian resources and other natural values of approximately acres, more or
less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and
prevent the use or development of the Conservation Easement Area for any purpose
or in any mannerthat would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement and preservation of the Conservation
Easement Area is also a condition of the approval of the EMH Farm Mitigation Banking
Instrument (MBI) and Bank Parcel Development Package (BPDP) forthe EMH Farm
Riparian Buffer Mitigation Bank, North Carolina Division of Water Resources (NCDWR)
Project ID# , which was approved by the NCDWR, and will be made and
entered into by and between Clearwater Mitigation Solutions, LLC, acting as the Bank
Sponsor (Bank Sponsor), and the NCDWR. The EMH Farm Riparian Buffer Mitigation
Site is intended to be used tocompensate for riparian buffer and nutrient impactsto
surface waters.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement
shall be held by the NCDWR and may be exercised through the appropriate
enforcement agency 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#
(Mitigation Banking Instrument) or any permit or certification issued by the Third -
Party.

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

Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of
trees, shrubs, or other vegetation in the Conservation EasementArea except as provided in the
BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteertrees and shrubs approved in the BPDP is allowable oncea 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 soils. Mowing activities shall only be performed by the Bank Sponsor insert name
Clearwater Mitigation Solutions, LLC, and shall not violate any part of Item L of Article II.
E. 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 orwalkways.
F. 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.
G. 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.
H. 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. .
I. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns. In addition,
diverting or causing or permitting the diversion of surface or underground water into,
within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
J. 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.
K. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other than for
temporary or occasional access by the Clearwater Mitigation Solutions, LLC, the
Grantee, its

employees and agents, successors, assigns, and the NCDWR for purposes of
constructing, maintaining and monitoring the restoration, enhancement and
preservation of streams, wetlands and riparian areas within the Conservation
EasementArea..
L. 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.
/_1Ci111144411l
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area, the rights
of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement
Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Area, in whole or in part, provided such sale, transfer or gift conveyance is subject to
the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including Clearwater Mitigation Solutions, LLC, acting as the
Bank Sponsor, the right toconstruct and perform activities related to the
restoration, enhancement, and preservation of riparian areas within the
Conservation Easement Area in accordance with the approved EMH Farm BPDP, and
the UMBI described in the Recitals of this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns and
NCDWR, shall have the right to enter the Property and Conservation Easement Areaat
all reasonable timesforthe purpose of inspectingthe Conservation Easement Area to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Clearwater Mitigation Solutions, LLC, and its authorized
representatives, successors and assigns and NCDWR shall also have the right to enter
and go upon the Conservation Easement Area for purposes of making scientific or
educational observations and studies, and taking samples. The easement rights granted
herein do not include public access rights.

ARTICLE V
ENFORCEMENTAND REMEDIES
To accomplish the purposes of this Easement, Grantee, and NCDWR are allowed to prevent
any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Conservation Easement Area
thatmay bedamaged by such activity or use. Upon any breach of the terms of this Conservation Easement by
Grantor that comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such
breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions constituting
such breach. If the breachremains uncured after 30 days, the Grantee may enforce this Conservation
Easementby appropriate legal proceedings including damages, injunctive and other relief.
Notwithstanding the foregoing, the Grantee reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if
the breach of the terms of this Conservation Easement is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation
Easement. The Grantor and Grantee acknowledge that under such circumstances
damage to the Grantee would be irreparable and remedies at law will be inadequate.
The rights and remedies of the Grantee provided hereunder shall be in addition to,
and not in lieu of, all other rights and remedies available to Grantee in connection
with this Conservation Easement. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by
Grantor, provided Grantor is determined to be responsible for the breach. The
NCDWR shall have the same rights and privileges as the said Grantee to enforce the
terms and conditions of this Conservation easement..
A. 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.
B. Nothing contained in this Conservation Easement shall be construed to
entitle Grantee to bring any action against Grantor for any injury or change in the
Conservation Easement Area resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area resulting from such
causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property

which have not been expressly subordinated to this Conservation Easement. Grantor
further warrants that Grantee shall have the use of and enjoy all the benefits derived
from and arising out of this Conservation Easement, and that Grantor will warrant and
defend title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any
interest in all or a portion of the Conservation Easement Area. The Grantor agrees to
provide written notice of such transfer at least sixty (60) days prior to the date of the
transfer. The Grantor and Grantee agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interests in the Conservation
Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the 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
Conservation Easement, the organization receiving the interest will be a qualified
holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3)
and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or
assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severability. The combined Mitigation Banking
Instruments: MBI with corresponding Mitigation Plan, and MBI with corresponding
BPDP, and this Conservation Easement sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If
any provision is found to be void or unenforceable by a court of competent jurisdiction,
the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the
Property free of any liens or other encumbrances for obligations incurred by Grantor.
Grantee shall not be responsible for any costs or liability of any kind related to the
ownership, operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to
comply with federal, state or local laws, regulations and permits that may apply to the
exercise of the Reserved Rights.
F. Long -Term Management. 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 Grantor:
EMH Farm, LLC
Attn: Emily Hiatt, Manager
7109-A Harlow Road
High Point, NC 27263
To Grantee & Sponsor:
Clearwater Mitigation Solutions, LLC
604 Macon Place
Raleigh, NC 27609
To Assignee of Permanent Conservation Easement:
North Carolina Wildlife Habitat Foundation
c/o Mr. Beau Bethea
8207 Market Street Suite P
PO Box 10743
Wilmington, NC 28404
To NCDEQ-DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601

K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's
interest shall become vested in another qualified grantee in accordance with an
appropriate proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement maybe amended, but only in
a writing signed by all parties hereto, and provided such amendment does not
affect the qualification of this Conservation Easement or the status of the Grantee
under any applicable laws, and is consistent with the conservation purposes of this
grant.
M. Present Condition of the Conservation Easement Area. The wetlands, scenic,
resource, environmental, and other natural characteristics of the Conservation
Easement Area, and its current use and state of improvement, are described in Section
2.0 of the BPDP, prepared by Bank Sponsor and acknowledged by the Grantor and
Grantee to be complete and accurate as of the date hereof. Both Grantor and
Grantee have copies of this report. It will be used by the parties to assure that any
future changes in the use of the Conservation Easement Area will be consistent with
the terms of this Conservation Easement. However, this report is not intended to
preclude the use of other evidence to establish the present condition of the
Conservation Easement Area if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]

IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first
above written.
GRANTOR:
EMH Farm, LLC,
a North Carolina limited liability company
Emily Hiatt, Manager
STATE OF NORTH CAROLINA
COUNTY OF
(SEAL)
I, , a Notary Public in and for the County and State
aforesaid, do hereby certify that Emily Hiatt, Manager of EMH Farms, LLC, a North Carolina limited
liability company, Grantor, personally appeared before me this day and acknowledged that under
authority duly given and as the act of the Company, she voluntarily signed the foregoing document for
the purpose therein expressed and in the representative capacity so indicated.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day
of .2020.
Official Signature of Notary
Notary Public Notary's printed or typed name
My Commission Expires:
[AFFIX NOTARIAL STAMP -SEAL]

Clearwater Mitigation Services, LLC,
a North Carolina limited liability company
am
STATE OF NORTH CAROLINA
COUNTY OF
Kevin Yates, Principal/Member/Manager
I, , the undersigned Notary Public of the County and State
aforesaid, certify that Kevin Yates personally appeared before me this day, acknowledging to me that
he is the Member and Manager of Clearwater Mitigation Solutions, LLC, a North Carolina limited
liability company and that he acknowledged to me that he voluntarily signed the foregoing document
for the purposes therein expressed and in the representative capacity so stated.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day
of , 2020.
Official Signature of Notary
Notary Public Notary's printed or typed name
My Commission Expires:
[AFFIX NOTARIAL STAMP -SEAL]

Exhibit A
Tract Five,
BEGINNING at a point it the center line of North Camlina Secondary road H 29, the Southeast
corner of Tract 3 of the unrccorded map hereinafter referred to; thence with the center line of
North Carolina Sender Road 1 ] 29, H. I... Robertson's property line, the following courses and
distances: South 5 degrees 34 minutes 16 seconds West 122.27 feet; South 3 degrees 32. minutes
16 seconds West 853.50 feet; South 4 degrees 7 minutes 16 seconds West 562,39 feet; South 4
degrees 34 minutes 16 seconds Nest crossing the Randolph County line 1,142,09 feed to a point in
the center lure of North Carolina Seootrdary road 1129, corner with G. F. Robbins; thencewith the
lines of G. F. Robbins and M. W. C.ashatt North 85 degrees 47 minutes 44 seconds Vest 1,108.24
feet to a point, corner with Gashatt and Tract 5; thence with the Eastern property line of Tract 5
North 7 degrees 49 minutes 52 seconds West crossing the Guilford County line 2,724,49 feet to an
iron pin in the 1 ine of 'Tract 3; thence with the South line of Tract 3 the following courses and
distances: North 88 degrees 17 minutes 17 seconds East 521.53 feet to an iron pin; South 83
degrees 54 minutes 14 seconds East {through an iron }yin on the West side of North Carolina
Secondary Road 1129 at (,126,13 feet) 1,157.71 feet to the point and place of BEGI KING, and
being Tract 4, containing 86.617 acres more or less, of an unrecorded map prepared by Davis -
Martin 8& ,Associates, Inc„ entitled "Property of Helen Brooks Millis'. designated Job No, -
132 1, and dated Mareb 9, 1978.
Tract Five hereinabove described was acquired by the Grantor by deed recorded in Book 3372,
Page 539, Guilfwd County registry,
AVE AND EXCEPT FROM THE ABOVE -DESCRIBED 86.617 ACRES MORE OR LESS,
THE FOLLOWING TRACT OF PROPERTY PREVIOUSLY CONVEYED BY THE
GRANTOR:
BEGINNING at a point in New Market Towmhip, Randolph County, North Carolina in the center
line of North Carolina Secondary Road 119, said point being 5,04.23 feet in the southern
direction from the southwest intersection of North Carolina Highway 62 and North Carolina
Secondary Road No. 1129 in Jamestown Towxi tr, Guilford County, forth Carolina, said
b4nning point also being the southeast earner of the tract of 96.617 aurec more or less
hereinabove described; thence north 85 deg_ 47 min_ 44 sec. west 1,108.24 feet to a point, said
point also being the southwest corner of the tract of 86- 17 acres more or less hereinabove
described; thence north 7 deg, 49 min. 52 sec_ west crossing the Guilford Counter lime 1,160. 1 feet
to a point; thence south 85 deg. 25 mi.a 44 sec. east 1,357.59 feet to a point in the center lute of
North Carolina Sevandary Road 1129; thence with the center line of North Carolina Secondary
Road 1129 south 4 deg. 34 min. 16 sec, west crossing the Randolph County line 1,126.72 feet to
the point and place of BEGINNING, +containing 32.0 acres more or less as shown on unrecorded
map prepared by Davis -Martin -Powell and Assoc., Inc. entitled "Property uf` Molly Millis
Hedgecock" designated as Job No. 5-17442 and dated April 219, 1981 and also being all of that
property conveyed by Deed dated May 18, 1981 hom James H. Millis. Jr. (divorced) to Moll}+
Millis Hedgececk and recorded in Deed Book 3161 at Page 27 in the office of the Register of
Deed. of Guilford County, North Carolina_ See also Correction Deed dated April 5, 1983 from
James H, Millis, Jr, and wife, Ann Hall Millis, to Moll} Millis Hedgecock.