20220550 Ver 1_Final Mitigation Plan_20230126

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Katie Merritt
Initial Review Completed Date 01/27/2023
Mitigation Project Submittal - 1/26/2023
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Stream Wetlands Buffer Nutrient Offset
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Kelly Phillips
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• DMS Mitigation Bank
Running Dog Buffer Mitigation Site
Union
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Running Dog_ 100210_MP_2022.pdf 22.11MB
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Kelly Phillips
.el/pi Pps

MITIGATION PLAN Running Dog
Union County, NC
NCDEQ Contract No. 210202-01
DMS ID No. 100210
Final RFP# 16-20200302 (Issued 12/1/2020)
DWR No. 2022-0550v1
Yadkin River Basin
January 2023 Goose Creek Watershed
HUC 03040105
RFP #: 20210202
PREPARED FOR:
NC Department of Environmental Quality
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652

% &V
WILDLANDS
ENGINEEkiNG
January 16, 2023
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
North Carolina Department of Environmental Quality
512 N. Salisbury Street, Raleigh, NC 27620
RE: Draft Mitigation Plan Comments
Running Dog Mitigation Site (DWR #2022-0550v1)
Union County, NC
Dear Ms. Merritt:
Wildlands Engineering, Inc. (Wildlands) has reviewed the Division of Water Resources (DWR) comments
dated January 12, 2023, for the Draft Mitigation Plan for the Running Dog Mitigation Site. The DWR
comments are listed below in bold, while Wildlands' responses are noted in italics lettering.
1. Page 2 — Use DWR Project ID# 2022-0550v1.
The correction has been made throughout the report.
2. Page 10
a. Clarify that the credit Service Area is the Goose Creek Watershed.
The correction has been made.
b. This planting date will likely not happen
The planting date has been updated to March 2023.
3. Page 15 - This table does not appear to be the most up-to-date Table. Use the correct table.
The credit table has been updated to the November 2022 version.
4. Page 16
a. The viability letter also cites active stream bank instability along with active erosional
features. How is the provider addressing this issue beyond just the seeding of rills?
In addition to the erosional features that will be filled in, seeded, and planted, a
combination of coir matting, live stakes, and native seed will be applied in areas along
UT1 that require minor bank stabilization. Language has been added to Section 6.1 to
address this.
b. It is assumed that the provider is planting a minimum of 9 species based on the table.
Please indicate what the minimum will be in this paragraph.
The paragraph has been updated to make it clear that a minimum of 8 species will be
planted.
Wildlands Engineering, Inc. • phone [phone] • fax [phone] • 1430 S. Mint Street, # 104 • Charlotte, NC 28203

% &V
WILDLANDS
ENGINEEkiNG
5. Page 18
a. The planting plan includes both Trees and Shrubs. The performance standards, as
written, do not specify that trees and shrubs can count towards that performance.
.0295(n)(2)(b) allows 2 different performance standards. Please adjust the
performance standards and monitoring protocol appropriately to ensure that both
Trees and Shrubs are wanting to be used towards measuring performance. Otherwise,
remove shrubs from the planting plan and keep language elsewhere as is.
The report has been updated to allow for both Trees and Shrubs to be counted in the
performance standards. Monitoring protocol has also been updated accordingly.
6. Page 22 — From this page forward, with exception of the Figures, it is a duplicate Mitigation
Plan. Please remove duplicate pages.
Wildlands apologizes for the error in the PDF submittal. The extra pages have been removed.
7. Page 40 —Clearly mark the service area as being the Goose Creek Watershed.
The figure has been updated accordingly.
Please contact me at 704-560-2997 if you have any additional questions or concerns.
Sincerely,
Andrea S. Eckardt
Ecological Assessment Team Leader
[e-mail]
Wildlands Engineering, Inc. • phone [phone] • fax [phone] • 1430 S. Mint Street, # 104 • Charlotte, NC 28203

PREPARED FOR:
PREPARED BY:
MITIGATION PLAN
Running Dog
Union County, NC
NCDEQ Contract No. 210202-01
DMS ID No. 100210
RFP# 16-20200302 (Issued 12/1/2020)
DWR No. 2022-0550v1
Yadkin River Basin
Goose Creek Watershed
HUC 03040105
NC Department of Environmental Quality
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
W11S,
WILDLANDS
E N G IN E E R I N G
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Phone: [phone]
This Mitigation Plan has been written in conformance with the requirements of the following:
• 15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian
Buffers.
These documents govern DMS operations and procedures for the delivery of compensatory
mitigation.
Contributing Staff:
Andrea Eckardt, Project Monoger
Shawn Wilkerson, Principal in Charge
Stephanie Erickson, Mitigation Plon Development ond Monitoring Lead
Sam Kirk, Construction Administrator

TABLE OF CONTENTS
1.0
Introduction.............................................................................................................................. 1
2.0
Mitigation Project Summary...................................................................................................... 3
2.1 Existing and Historic Site Conditions............................................................................................
3
2.2 Watershed Characterization.........................................................................................................
4
2.3 Soils...............................................................................................................................................4
Table
4 Project Soil Types and Descriptions................................................................................... 4
2.4 Vegetation....................................................................................................................................
4
2.5 Site Constraints and Access..........................................................................................................
5
2.6 Current Site Resources.................................................................................................................
5
2.7 Alternative Mitigation for Buffer Mitigation................................................................................
5
3.0
Site Protection Instrument........................................................................................................ 6
3.1 Site Protection Instruments and Long -Term Protection..............................................................
6
4.0
Regulatory Considerations........................................................................................................ 6
4.1 Threatened and Endangered Species...........................................................................................
7
4.2 Cultural Resources and Significant Natural Heritage Areas.........................................................
7
4.3 FEMA Floodplain Compliance.......................................................................................................
7
4.4 Other Environmental Issues.........................................................................................................
7
5.0
Determination of Credits........................................................................................................... 7
6.0
Mitigation Work Plan................................................................................................................ 9
6.1 Parcel Preparation........................................................................................................................
9
6.2 Riparian Area Restoration Activities.............................................................................................
9
6.3 Riparian Area Enhancement Activities.......................................................................................
10
6.4 Riparian Area Preservation Activities.........................................................................................
11
7.0
Performance Standards...........................................................................................................
11
7.1 Vegetation..................................................................................................................................
11
7.2 Reference Photographs..............................................................................................................
11
7.3 Visual Assessments.....................................................................................................................
11
7.4 Reporting Performance Criteria.................................................................................................
11
7.5 Maintenance and Contingency Plans.........................................................................................
12
8.0
Monitoring Plan......................................................................................................................
12
8.1 Monitoring Components............................................................................................................
12
9.0
Long -Term Management Plan.................................................................................................
12
10.0 Adaptive Management Plan....................................................................................................
13
11.0 References..............................................................................................................................
14
Running Dog Mitigation Plan
DMS ID No. 100210 Page i January 2023

Table 1
Water Quality, Hydrology, and Habitat Goals
Table 2
Project Attributes
Table 3
Drainage Areas and Associated Land Use
Table 4
Project Soil Types and Descriptions
Table 5
Site Protection Instrument
Table 6
Regulatory Considerations
Table 7
Project Mitigation Credits
Table 8
Total Area of Mitigation
Table 9
Proposed Tree Species
Table 10
Proposed Permanent Riparian Seeding Species
Table 11
Monitoring Components
FIGURES
Figure 1
Vicinity Map
Figure 2
Service Area
Figure 3
Site Map
Figure 4
USGS Topographic Map
Figure 5
Watershed Map
Figure 6
1996 NRCS Soil Survey Map
Figure 7
Buffer Mitigation Concept Map
Figure 8
Riparian Buffer Zones Map
Figure 9
Monitoring Map
APPENDIX
Appendix AHistorical Aerial Photographs
Appendix B Existing Conditions Photographs — March 22, 2022 and May 20, 2022
Appendix C
NC Division of Water Resources Determination for Applicability to the Catawba Riparian Buffer Rule
Letter — February 18, 2022
NC Division of Water Resources Site Viability for Buffer Mitigation Letter— April 29, 2022
Appendix DSite Protection Instrument
Appendix E Categorical Exclusion — March 8, 2021, and Supporting Documentation
Running Dog Mitigation Plan
DMS ID No. 100210 Page ii January 2023

1.0 Introduction
The Running Dog mitigation site (Site) is located in Union County approximately ten miles east of
Charlotte (Figure 1). The Site involves buffer restoration on three unnamed tributaries and three
ephemeral channels that flow to Goose Creek. The Site is being submitted for buffer mitigation credit in
the Goose Creek Watershed — Cataloging Unit 03040105 of the Yadkin River Basin in accordance with
the Consolidated Buffer Mitigation Rules (15A NCAC 02B .0295).
The project is located within the Yadkin River Hydrologic Unit Code (HUC) 03040105030020 and NCDWR
Subbasin 03-07-12 and is also within a Targeted Resource Area (TRA) for hydrology, water quality, and
habitat. Project streams flow approximately 1,000 feet to their confluence with Goose Creek, which
flows to the Rocky River. According to the 2012 Goose Creek and Crooked Creek Local Watershed Plan —
Phase III (LWP), the Goose Creek watershed is "one of only three watersheds in North Carolina to still
support the Carolina heelsplitter (Lasmigona decorata), a federally and state endangered freshwater
mussel." According to the report, improving and protecting the health of the streams in the Goose Creek
watershed was identified as critical in the continued existence of the Carolina heelsplitter. The proposed
riparian buffer restoration project supports that goal of improved stream health by addressing the
primary watershed stressors outlined in the Goose Creek LWP: sediment and bacteria from agricultural
sources and increased peak flows and runoff volumes. The project also addresses nutrient inputs,
thermal pollution, and lack of riparian canopy. More information on the ecological and water quality
goals for the project is included in Table 1.
The area surrounding the project streams and ephemeral channels proposed for buffer restoration is
currently agricultural fields, used to grow corn, wheat or soybeans. Fertilizer, in the form of chicken
litter, is regularly applied to the fields. Restoring the vegetation on the areas up to 70 feet from the
streams and ephemeral channels will remove the crops and fertilizer inputs within the project area. The
restored floodplain areas will filter sediment during high rainfall events. The establishment of riparian
buffers will create shading to minimize thermal heating. Finally, newly planted native vegetation will
provide cover and food for wildlife.
To reach the Site from the City of Charlotte, travel east on US-74 for approximately 4 miles. Take exit
246 for NC-27 E/ Albemarle Rd and continue for 2.5 miles, then turn right onto Lawyers Rd. In
approximately 4 miles, turn left onto Nelson Rd. After 1 mile turn right onto Wilson Mint Hill Rd and
W Running Dog Mitigation Plan
DMS ID No. 100210 Page 1 August 2022

continue onto NC-218 E/Fairview Rd for 4 miles. At the traffic circle, continue straight onto NC-218 for
2.5 miles. Turn right onto Indian Trail Fairview Rd. The parcel will be located on the left.
Table 1: Water Quality, Hydrology, and Habitat Goals
Site Functional
Functional Uplift Potential
Site Goal
Site
Stressors
Objective
Significant sources of sediment include
Water Quality:
eroding channels, streams, and adjacent
Sediment
agricultural fields. Sediment will be
Reduce sediment input
Reduce sediment
captured by deposition on restored
from adjacent agricultural
inputs to waters of
floodplain areas where native vegetation
fields.
Goose Creek.
will slow overland flow velocities.
Planted vegetation will help stabilize
streams and ephemeral channels.
Nutrient input will be decreased by
Water Quality:
filtering runoff from the agricultural
Nutrients
fields through restored native
Reduce nutrient input
Reduce nutrient
vegetation. The off -site nutrient input
from adjacent agricultural
inputs to waters of
will also be absorbed on -site by filtering
fields.
Goose Creek.
flood flows through restored floodplain
areas, where flood flows can disperse
through native vegetation.
These pollutants will be reduced by
Restrict the application of
Water Quality:
converting cropland fertilized with
animal waste in the
Fecal Coliform
chicken litter to forest and filtering
conservation easement
Reduce fecal
runoff from the adjacent fields and
and reduce fecal coliform
coliform inputs
poultry farm through the planted
input from adjacent
waters Goose
vegetated buffers.
agricultural fields.
Creek.
Decrease water
Improve water
Water Quality:
Planted riparian trees will shade the
temperature and increase
quality of Goose
Other
project features as they mature,
dissolved oxygen
Creek through a
(Temperature)
reducing thermal pollution.
concentrations in the Site
reduction of
streams.
thermal pollution.
Diffuse flow will be maintained
Reduce erosion
Hydrology:
throughout the conservation easement
Create diffuse -flow
and filter
Non -Diffuse
area where possible, thereby reducing
discharge through the
Flow
erosion and filtering of
reforested riparian area.
nutrients into
nutrients into the project features.
waters of Goose
Creek through
diffuse flow.
The existing land use of the riparian
Habitat:
buffer of the project features is
Riparian areas will be
Convert
Lack of Riparian
agriculture. The project will include
restored by planting
agricultural fields
Canopy
replanting of riparian zones with native
native vegetation.
to forested riparian
vegetation.
buffers along all
Site streams and
ephemeral
channels.
W Running Dog Mitigation Plan
DMS ID No. 100210 Page 2 August 2022

Mitigation Project Summary
The following section describes the existing riparian conditions at the Site in terms of vegetative
condition, watershed, soils, geology, cultural resources, species of concern, regulated floodplain zones,
and site constraints. The major attributes and timeline of the project are outlined in Table 2.
Table 2: Project Attributes
Project Name
Hydrologic Unit Code
River Basin
Running Dog
03040105030020
Goose Creek Watershed — Yadkin River Basin
Geographic Location (Lat, Long)
35.130655,-80.549511
Site Protection Instrument (DB, PG)
To be recorded
Total Credits
632,250 ftz (Service Area — Goose Creek Watershed)
Types of Credits
Riparian Buffer
Mitigation Plan Date
July 2022
Initial Planting Date
March 2023
Baseline Report Date
April 2023
MY1 Report Date
December 2023
MY2 Report Date
MY3 Report Date
MY4 Report Date
MY5 Report Date*
December 2024
December 2025
December 2026
December 2027 El
*Meets success criteria (schedule progression has been developed assuming that the site meets success criteria each
monitoring year)
2.1 Existing and Historic Site Conditions
The proposed buffer restoration site is approximately 15.7 acres of agricultural fields located on one
parcel. The project includes the restoration of riparian buffers along three unnamed tributaries and
three ephemeral channels: UT1, UT1A, UT2, and EC1-EC3 (Figure 3).
The Site is characterized by a gently sloped valley dominated by agricultural fields and an adjacent
poultry farm. There are few existing trees on Site with all six project features flowing through active
agricultural fields. Based on aerial photos, project streams have been in the same location since 1948.
Historical aerials from 1948 through 2016 are included in the proposal appendix and further document
the Site's long history of agricultural use prior to 2009, the effective date of the Goose Creek Buffer
Rules.
UT1 originates on the Site approximately 200 feet from the southern wood line and flows southwest
through agricultural fields towards Indian Trail -Fairview Road. UT1A flows into UT1 approximately 150
feet east of the property line and is located completely within the conservation easement area. There is
a section of ephemeral channel upstream of UT1A (EC1) also within the conservation easement area.
There is a second ephemeral channel (EC2) approximately 1,200 linear feet upstream on UT1. The third
ephemeral channel (EC3) begins just north of the gas utility line shown on Figure 3 and flows
approximately 450 feet until it transitions to UT2. UT2 continues to flow north through the agricultural
fields to Brent Haigler Road. Other than some very small sections on the right bank of UT1 that have a
thin row of mature trees, the entire project area is cleared and used for agriculture. A photolog from
May 20, 2022 is included in the Appendix.
Running Dog Mitigation Plan
DMS ID No. 100210 Page 3 August 2022

2.2 Watershed Characterization
The Site is located within the NCDWR Subbasin 03-07-12. The project streams flow directly to Goose
Creek which flows to the Rocky River. Goose Creek is protected for Class C uses (recreational use,
agriculture, fishing and fish consumption, and the maintenance of biological integrity for wildlife) and is
home to a known population of the federally listed Carolina heelsplitter.
The Site topography, as indicated on the Midland, INC USGS 7.5-minute topographic quadrangle, shows
gently sloped areas throughout the Site (Figure 3). UT1 and a portion of UT2 are depicted as streams on
the USGS topographic map. Drainage areas for the project reaches (Figure 4) were delineated using 2-
foot contour intervals derived from the USGS Stream Stats website and the North Carolina Floodplain
Mapping Program's 2014 Light Detection and Ranging (LiDAR) data (Figure 5). Land uses draining to the
project reaches are a mixture of agricultural and forest with some residential use. The watershed areas
and current land use are summarized in Table 3, below.
Table 3 Drainage Areas and Associated Land Use
Reach Name
Stream Type
Watershed Area (acres)
Land Use
UT1
Intermittent
82
88% agriculture, 10% forested,
2% residential development
UT1A
Intermittent
11
100% agriculture
UT2
Intermittent
41
95% agriculture, 5% forested
EC1
Ephemeral
11
95% agriculture, 5% residential development
EC2
Ephemeral
13
75% agriculture, 25% residential development
EC3
Ephemeral
15
88% agriculture, 12% forested
2.3 Soils
The project site is mapped by the Union County Soil Survey. Project area soils are mapped primarily as
Cid channery silt, Goldston very channery silt loam, and Goldston-Badin complex. These soils are
described below in Table F.3. An image of the paper copy of the 1996 Soil Survey of Union County is
provided in Figure 6. Both UT1 and UT2 are depicted as streams on the 1996 Soil Survey.
Table 4 Project Soil Types and Descriptions
Soil Name
Description
CmB—Cid channery silt
Cid channery silt loam consists of a moderately deep upland area soils that are
loam, 1-5% slopes
moderately well drained or somewhat poorly drained. Permeability is slow and surface
runoff is slow to moderate.
GoC — Goldston very
Goldston very channery silt loam soils are shallow soils found in the Carolina Slate Belt.
channery silt loam, 4- 15%
The soils are well drained to excessively drained. Permeability is moderately rapid and
slopes
run off is rapid.
GsB—Goldston-Badin
The Goldston-Basin soils are moderately deep soils that are well drained and found in the
complex, 2-8%slopes
Carolina Slate Belt. Permeability is moderate and surface runoff is medium to very rapid.
Source: Union County Soil Survey, 1996, USDA-NRCS and https://websoilsurvey.nres.usda.gov/app/Web5oi15urvey.aspx
2.4 Vegetation
Vegetation communities within the project area are comprised mostly of open agricultural fields (wheat,
rye, soy, and corn). The Site has been maintained as row crops up to the project features. While there
W Running Dog Mitigation Plan
DMS ID No. 100210 Page 4 August 2022

are small patches of early successional trees and shrubs, most of the Site lacks canopy, understory, and
shrub vegetative layers.
The small wooded areas along UT1 contain a mix of native and exotic species. The canopy layer is
dominated by sugarberry (Celtis laevigata), green ash (Fraxinus pennsylvanica), persimmon (Diospyros
virginiana), and boxelder (Acer negundo), but also includes a few American elm (Ulmus americana),
black cherry (Prunus serotina) and a pecan (Carya illinoinensis). The vine layer consists of poison ivy
(Toxicodendron radicans), Virginia creeper (Parthenocissus quinquefolia), trumpet creeper (Campsis
radicans), and muscadine grape (Vitis rotundifolia). The shrub layer minimal, being composed of either
young trees or Chinese privet (Ligustrum sinense). The herbaceous layer includes a mix of johnsongrass
(Sorghum halepense), fescue (Festuca spp.), Japanese honeysuckle (Lonicera japonica), goldenrod
(Solidago canadensis, S. gigantea), wild garlic (Allium vineale), and spiny sowthistle (Sonchus asper).
2.5 Site Constraints and Access
The Site is accessible for construction, monitoring, and long-term stewardship from Brent Haigler Road
and Indian Trail -Fairview Road (Figure 7). Easement break locations and widths were minimized during
the planning of the site. There are now three easement breaks proposed to allow for property owner
access. Two easement breaks on UT1, included one with an existing gas utility line that runs through the
break. One additional easement break is located on UT2. No culverts or crossings will be installed as
part of the project. There is a power utility line that runs parallel to Indian Trail -Fairview Road, but the
line and associated right of way are outside of the proposed conservation easement boundary.
2.6 Current Site Resources
On February 16, 2022, NCDWR assessed the stream origin and issued the official stream origin
determination Letter. NCDWR also performed an onsite visit of the project area to determine viability
for buffer mitigation on March 22, 2022 and issued a site viability letter on April 29, 2022. Seven
features assessed were deemed suitable for riparian buffer credit pursuant to 15A NCAC 02B .0295 by
NCDWR. There have been no changes to land use in the project area since NCDWR's 2022 site visit. A
copy of both the "Determination for Applicability to the Catawba Riparian Buffer Rule" and the "Site
Viability for Buffer Mitigation" letter from NCDWR are included in the Appendix.
2.7 Alternative Mitigation for Buffer Mitigation
In addition to buffer restoration on subject streams, per the Consolidated Buffer Mitigation Rules (15A
NCAC 02B 0.0295 (o)), alternative mitigation is proposed on the Parcel in the form of buffer preservation
on subject streams and buffer restoration on ephemeral channels. The proposed project is in
compliance in the following ways:
Preservation on Subject Streams (15A NCAC 02B .0295 (o)(5):
• The buffer width is at least 30 feet from the stream (See Figure 8 for buffer zones).
• The area meets the requirements of 15A NCAC 02R 0.0403(c)(7), (8), and (11) with no known
structures, infrastructure, hazardous substances, solid waste, or encumbrances within the
mitigation boundary (Appendix D for EDR Radius Report summary).
• Mitigation credits for preservation are being requested on no more than 25% of the total area of
buffer mitigation (See Tables 7 and 8 for credit calculations).
Restoration on Ephemeral Channels - 15A NCAC 02B .0295 (o)(7):
• The topographic crenulation on the ephemeral channel is depicted on Figures 3 and 4.
• The area of mitigation on the Parcel's ephemeral channel is located completely within its
drainage areas (Figure 5).
W Running Dog Mitigation Plan
DMS ID No. 100210 Page 5 August 2022

• The ephemeral channel is directly connected to intermittent or perennial stream channels and
will be protected under the same contiguous easement boundary (Figure 3).
• Mitigation credits on the ephemeral channels are being requested on no more than 25% of the
total area of buffer mitigation on the Parcel (See Tables 7 and 8).
3.0 Site Protection Instrument
3.1 Site Protection Instruments and Long -Term Protection
The land required for planting, management, and stewardship of the mitigation project includes
portions of the parcel listed in Table 5. The conservation easement on this property has not yet been
recorded. A copy of the draft Site Protection Instrument is included in the Appendix. An option
agreement for the project area shown on the Figures have been signed by the property owners and a
Memorandum of Option has been recorded at the Union County Register of Deeds. The option
agreement allows restriction of the land use in perpetuity through a conservation easement. Wildlands
will convey the conservation easement to the State to provide long-term protection of the Site. The
conservation easement agreement will ensure the right of entry abilities of Wildlands, its contractors,
and the future easement holder in any future land transactions. Once the conservation easement has
been recorded, easement boundaries will be identified in the field to ensure clear distinction between
the Site and adjacent areas. Boundary markers that have been disturbed, damaged, or destroyed will be
repaired and/or replaced on an as needed basis.
Table 5: Site Protection Instrument
Site
Deed Book
Acreage
Landowner
PIN
County
Protection
and Page
to be
Instrument
Number
Protected
Conservation
To Be
CF Master Limited Partnership
08225015
Union
15.7
Easement
Recorded
Regulatory Considerations
Table 6, below, is a summary of regulatory considerations for the Site. These considerations are
expanded upon in Sections 4.1-4.4. A copy of the signed Categorical Exclusion Form for the project is
included in the Appendix.
Table 6: Regulatory Considerations
Regulatory Considerations
Parameters
Applicable?
Resolved?
Supporting Docs?
Water of the United States - Section 404
No
N/A
N/A
Water of the United States - Section 401
No
N/A
N/A
Endangered Species Act
Yes
Yes
Appendix
(Categorical Exclusion)
Historic Preservation Act
Yes
Yes
Appendix
(Categorical Exclusion)
Coastal Zone Management Act
No
N/A
N/A
FEMA Floodplain Compliance
No
N/A
N/A
Essential Fisheries Habitat
No
N/A
N/A
Running Dog Mitigation Plan
DMS ID No. 100210 Page 6 August 2022

4.1 Threatened and Endangered Species
The National Heritage Program (NHP) Data Explorer database and the US Fish and Wildlife Service
(USFWS) Information for Planning and Consulting (iPaC) database were searched for sensitive species
and critical habitats within and near the project location in Union County, NC. Three federally listed
endangered species were found to be possible in the area: Carolina heelsplitter, Michaux's sumac (Rhus
michouxii) and Schweinitz's sunflower (Helionthus schweinitzii). No critical habitat or other species of
interest were listed.
Results from pedestrian surveys conducted on September 9, 2021 indicated that the project area
provides no suitable habitat for the federally listed species and no individuals of these species were
located. There are no known critical habitats within the project site or in the area around it. Wildlands
determinations are noted below.
To meet regulatory requirements, a letter with project maps was submitted to the USFWS Asheville field
office requesting comment on January 25, 2022. The USFWS responded in a letter dated February 8,
2022 stating they concur with the determination of No Effect for all federally listed species. North
Carolina Wildlife Resource Commission (NCWRC) was also contacted for comment in a letter dated
January 25, 2022. NCWRC responded on February 24, 2022 stating there are known occurrences of the
Carolina heelsplitter as well as other state species of concern in the Goose Creek and Crooked Creek
watersheds. NCWRC advised that if any in -stream work were to occur, surveys for aquatic species may
be requested. No in -stream work is planned for Running Dog, thereby, no surveys are required at this
time. All correspondence is included in the Appendix as part of the Categorical Exclusion for the project.
4.2 Cultural Resources and Significant Natural Heritage Areas
A scoping letter was submitted to the State Historic Preservation Office (SHPO) requesting comment on
Running Dog on January 25, 2022. SHPO responded on February 23, 2022 and is unaware of any
historical resources within the project boundary that would be affected by the project.
Therefore, SHPO does not have any concerns with the project as proposed. All correspondence related
to Section 106 is included in the Appendix as part of the Categorical Exclusion for the project.
4.3 FEMA Floodplain Compliance
The Site is not located in a FEMA floodplain. No grading activities are planned for the floodplain, so a
floodplain development permit will not be required. No hydraulic modeling is planned for this project.
4.4 Other Environmental Issues
An EDR Radius Map Report with GeoCheck was ordered for the Site through Environmental Data
Resources, Inc. on February 5, 2021. The target property and the adjacent properties are not listed in
any of the Federal, State, or Tribal environmental databases searched by EDR. There were no known or
potential hazardous waste sites identified within one mile of the Site. The executive summary of the EDR
report is included in the Appendix as part of the Categorical Exclusion for the project.
5.0 Determination of Credits
The Site is being restored as a riparian restoration site for 632,250 square feet of riparian buffer credits
(Tables 7 and 8 and Figure 7). The mitigation credit calculations were derived from NCDWR based on the
15A NCAC 02B .0295 rule for Buffer Mitigation Credit, as well as NCDWR's Methodology and Calculations
for Nutrient Reductions on the Site. The buffer zones and subject and non -subject stream designations
are shown on Figure 8. The management objectives, mitigation type, and amount of buffer mitigation
are presented below.
Running Dog Mitigation Plan
DMS ID No. 100210 Page 7 August 2022

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6.0 Mitigation Work Plan
Wildlands proposes to restore a high quality of ecological function to riparian areas of the project
intermittent streams and ephemeral channels. The ecological uplift can be summarized as transforming
an agriculturally impacted area to a protected riparian corridor. The project design will ensure that no
adverse impacts to wetlands or existing riparian buffers occur. Figure 7 illustrates the conceptual design
for the Site. Across most of the Site, riparian restoration will occur at 70 feet. Areas of restoration,
enhancement, and preservation along UT1, UT2, and UT2A will extend to a maximum of 100 feet from
the top of banks on project features. The minimum width of the conservation easement is 50 feet
throughout the project. Figure 8 depicts the riparian buffer zones (30 feet, 50 feet, 100 feet, and 200
feet). Figure 8 also identifies whether the project streams are subject to the buffer rules, based on the
DWR Determination for Applicability to the Catawba Riparian Buffer Rule.
6.1 Parcel Preparation
The land use within 100 feet from top of bank of the project features has been maintained and cleared
for row crop cultivation. Areas slated for buffer restoration will not require disking or ripping because
the land has been maintained in agriculture; therefore, soil disturbance will be minimal across the Site. A
couple of isolated erosional features along UT1 will be filled in, seeded, and planted. Also, along UT1, a
combination of coir matting, live stakes, and native seed will be applied in select areas that require
minor bank stabilization. Within the riparian enhancement areas, Site preparation will include select
herbicide treatments and/or limited mechanical clearing to remove undesirable underbrush or invasive
species within the including Chinese privet. Soil samples will also be collected and analyzed across the
Site prior to planting to determine baseline soil health and used for future reference in the case of poor
tree growth/health later in the project. Agricultural crops or cover crops will be grown on the Site until
the winter of 2022 at which point the crop will be sprayed with an herbicide and the riparian seed mix
will be spread. The cover crop will stabilize the soil while seed mix establishes.
6.2 Riparian Area Restoration Activities
Riparian area restoration will involve planting appropriate native tree species along the riparian corridor.
These revegetation efforts will be coupled with controlling invasive species population. The species
composition to be planted was selected based on the community type, observation of occurrence of
species in riparian areas adjacent to the Site, best professional judgement on species establishment, and
anticipated site conditions in the early years following project implementation. Based on initial
observations of the Site, the Piedmont Levee Forest (Typic subtype) defined by Schafale (2012) is the
appropriate target community. Tree and shrub species planted across the riparian areas of the Site will
include a mixture of the species listed in Table 9 below, based on availability. A minimum of 8 species
will be planted.
Trees and shrubs will be spaced at 7'x12' upon planting, which is equivalent to a stem density of 521
stems per acre and is sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B
.0295 of 260 planted trees and shrubs per acre at the end of five years. Stems will be well mixed prior to
planting to ensure diversity of bare root species across the Site. Due to the nature of random mixing,
some stems of the same species might be planted together in some areas.
W Running Dog Mitigation Plan
DMS ID No. 100210 Page 9 August 2022

Table 9: Proposed Tree Species
Tree & Shrub Species
Common Name
Density
Forest Strata
Betula nigra
River Birch
15%
Canopy
Quercus michauxii
Swamp Chestnut Oak
15%
Canopy
Quercus phellos
Willow oak
15%
Canopy
Platanus occidentalis
Sycamore
13%
Canopy
Liriodendron tulipifera
Tulip Poplar
12%
Canopy
Acer negundo
Boxelder
10%
Sub -Canopy
Diospyros virginiana
Persimmon
10%
Canopy
Celtis laevigata
Sugarberry
5%
Canopy
Viburnum prunifolium
Smooth Blackhaw
5%
Shrub
Alternate Species
Common Name
Density
Strata
Carya ovate
Shagbark Hickory
0%
Canopy
Prunus serotina
Black Cherry
0%
Canopy
Quercus alba
White Oak
0%
Canopy
Sambucus nigra
Elderberry
0%
Shrub
Ulmus americana
American Elm
0%
Canopy
A regionally appropriate seed mix of warm season grasses and wildflowers will also be applied to
provide permanent ground cover for soil stabilization and reduction of sediment loss during rain events.
The riparian seed mix will be selected from the species listed in Table 10. Planting is scheduled for early
2023.
Table 10: Proposed Permanent Riparian Seeding Species
Pure Live Seed (15 Ibs/acre)
Riparian Seeding
Common Name
Density (Ibs/acre)
Strata
Schizachyrium scoparium
Little Bluestem
4.0
Herbaceous
Elymus virginicus
Virginia Wild Rye
3.0
Herbaceous
Panicum virgatum
Switchgrass
3.0
Herbaceous
Chamaecrista fasciculata
Partridge Pea
2.0
Herbaceous
Carex vulpinoidea
Fox Sedge
1.0
Herbaceous
Coreopsis lanceolate
Lanceleaf Coreopsis
1.0
Herbaceous
Rudbeckia hirta
Black-eyed Susan
1.0
Herbaceous
Riparian Alternates
Common Name
Density (Ibs/acre)
Strata
Baptisia australis
Blue False Indigo
0.0
Herbaceous
Chasmanthium latifolium
I River Oats
0.0
Herbaceous
Panicum rigidulum
I Redtop Panicgrass
1 0.0
1 Herbaceous
Post construction, the presence and extents of invasive species will be monitored. Treatment of invasive
species will continue as necessary throughout the life of the project to ensure project stability and
success of the riparian and streambank vegetation.
6.3 Riparian Area Enhancement Activities
The revegetation plan for the buffer enhancement areas under 15A NCAC 02B .0295(n) will include
planting supplemental bare root trees and shrubs listed in Table 9 and controlling invasive species
growth, specifically Chinese privet. Prior to planting, Wildlands will implement a cut stump treatment of
Chinese privet in the enhancement area with an appropriate herbicide. In the spring of 2023, a foliar
W Running Dog Mitigation Plan
DMS ID No. 100210 Page 10 August 2022

application of herbicide will be applied to honeysuckle and the remaining privet within the project area.
The proposed supplemental planting area includes the area identified as Buffer Enhancement on Figure
7.
6.4 Riparian Area Preservation Activities
No work is proposed in the buffer preservation areas, as allowed under 15A NCAC 02B .0295(o). The
preservation area will be protected in perpetuity under a conservation easement.
.0 Performance Standards
The performance criteria for the Site will follow approved performance criteria presented in the
guidance documents outlined in RFP 16-20210202 and the Consolidated Buffer Rule (15A NCAC 02B
.0295). Annual monitoring and semi-annual site visits will be conducted to assess the condition of the
finished project. The buffer mitigation project will be assigned specific performance criteria components
for vegetation. Performance criteria will be evaluated throughout the five-year post -construction
monitoring. An outline of the performance criteria components follows.
7.1 Vegetation
The final vegetative success criteria will be the survival of at least 260 stems per acre at the end of the
fifth year of monitoring, with a minimum of four native hardwood tree and native shrub species where
no one species comprising more than 50 percent of stems for the Site. Vigor, height, species
composition, and density data will all be collected and provided in the annual reports. The extent of
invasive species coverage will also be monitored and controlled as necessary throughout the required
monitoring period.
Permanent vegetation monitoring plots will be installed and evaluated within the riparian restoration
areas to measure the survival of the planted trees and shrubs. The plots will be randomly placed
throughout the planted riparian areas. A total of 12 plots will be established within the riparian buffer
restoration areas which will make up at least 2% of the planted area (Figure 9). The size of individual
quadrants will be 100 square meters.
Vegetation assessments will be conducted and follow the DMS approved protocol outlined in the DMS
Monitoring Report Template (October 2020). A reference photo will be taken from the southwestern
corner of each of the 12 plots. Photos will be taken from all photo points each monitoring year and
provided in the annual reports. All planted stems will be marked with flagging tape and recorded.
7.2 Reference Photographs
Overview photographs will be taken within the project area once a year to visually document stability
for five years following construction.
7.3 Visual Assessments
Visual assessments will be performed within the Site on a semi-annual basis during the five-year
monitoring period. Problem areas with vegetative health will be noted (e.g. low stem density, vegetation
mortality, invasive species or encroachment). Areas of concern will be mapped and photographed
accompanied by a written description in the annual report. Problem areas with be re-evaluated during
each subsequent visual assessment. Should remedial actions be required, recommendations will be
provided in the annual monitoring report.
7.4 Reporting Performance Criteria
Using the DMS Riparian Buffer and Annual Monitoring Report Template version 2.0 (May 2017), a
baseline monitoring document and as -built record drawings of the project will be developed for the
Running Dog Mitigation Plan
DMS ID No. 100210 Page 11 August 2022

constructed Site. Complete monitoring reports will be prepared in the fall of each monitoring year and
submitted to DMS. Annual monitoring reports will be based on the above referenced DMS Template
(May 2017). The monitoring period will extend five years beyond completion of construction or until
performance criteria have been met.
7.5 Maintenance and Contingency Plans
Wildlands will develop necessary adaptive measures or implement appropriate remedial actions in the
event that the Site or a specific component of the Site fails to achieve the success criteria outlined
above. The project -specific monitoring plan developed during the design phase will identify an
appropriate threshold for maintenance intervention based on the monitored items. Any actions
implemented will be designed to achieve the success criteria specified previously and will include a work
schedule and updated monitoring criteria (if applicable).
Monitoring Plan
The Site monitoring plan has been developed to ensure that the required performance standards are
met, and project goals and objectives are achieved. The monitoring report shall provide project data
chronology that will facilitate an understanding of project status and trends, ease population of DMS
databases for analysis and research purposes and assist in close-out decision making.
8.1 Monitoring Components
Project monitoring components are listed in more detail in Table 11 and Figure 9.
Table 11: Monitoring Components
Parameter
Monitoring Feature
Quantity
Frequency
Carolina Vegetation Survey
Vegetation
12
Annual
(CVS) Level 2
Visual Assessment
Yes
Semi -Annual
Exotic and nuisance
Yes
Semi -Annual
vegetation
Project Boundary
Yes
Semi -Annual
Reference Photos
Overview Photographs
Yes
Annual
9.0 Long -Term Management Plan
The Site will be transferred to the NCDEQ Stewardship Program. This party shall serve as conservation
easement holder and long-term steward for the property and will conduct periodic inspection of the Site
to ensure that restrictions required in the conservation easement are upheld. The NCDEQ Stewardship
Program is developing an endowment system within the non -reverting, interest -bearing Conservation
Lands Conservation Fund Account. The use of funds from the Endowment Account will be governed by
North Carolina General Statue GS 113A-232(d)(3). Interest gained by the endowment fund may be used
for stewardship, monitoring, stewardship administration, and land transaction costs, if applicable.
The Stewardship Program will periodically install additional signage as needed to identify boundary
markings. Internal easement crossings planned for the project area will be the responsibility of the
landowner to maintain. The Site Protection Instrument can be found in the Appendix.
Running Dog Mitigation Plan
DMS ID No. 100210 Page 12 August 2022

10.0 Adaptive Management Plan
Upon completion of Site construction, Wildlands will implement the post -construction monitoring
defined in Section 8. Project maintenance will be performed during the monitoring years to address
minor issues as necessary. If, during annual monitoring it is determined the Site's ability to achieve Site
performance standards are jeopardized, Wildlands will notify the members of DMS/NCDWR and work
with the DMS/NCDWR to develop contingency plans and remedial actions. Any actions implemented will
be designed to achieve the success criteria specified previously and will include a work schedule and
updated monitoring criteria (if applicable).
W Running Dog Mitigation Plan
DMS ID No. 100210 Page 13 August 2022

11.0 References
Natural Resources Conservation Service (NRCS), 2019. Web Soil Survey of Union County.
http://websoiIsurvey.nrcs.usda.gov/app/HomePage.htm.
North Carolina Division of Water Quality (NCDWQ), 2011. Surface Water Classifications.
http://deq.nc.gov/about/divisions/water-resources/planning/classification-standards/classifications.
NCGS, 2013. Mineral Resources. http://deq.nc.gov/about/divisions/energy-mineral-land-
resources/north-carolina-geological-survey/mineral-resources.
North Carolina Natural Heritage Program (NHP), 2018. Natural Heritage Element Occurrence Database,
Union County, NC.
Rule 15A NCAC 02B .0295
Schafale, M.P. 2012. Classification of the Natural Communities of North Carolina, Fourth Approximation.
North Carolina Natural Heritage Program, Raleigh, North Carolina.
United States Fish and Wildlife Service (USFWS), 2018. Endangered Species, Threatened Species, Federal
Species of Concern and Candidate Species, Union County, NC.
https://www.fws.gov/raleigh/species/cntylist/wayne.html.
W Running Dog Mitigation Plan
DMS ID No. 100210 Page 14 August 2022

Figures

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Directions: From the City of Charlotte, travel east on US-74
for approximately 4 miles. Take exit 246 for NC-27 E/
Albemarle Rd and continue for 2.5 miles, then turn right
onto Lawyers Rd. In approximately 4 miles, turn left onto
Nelson Rd. After 1 mile turn right onto Wilson Mint Hill Rd,
Wes and continue onto NC-218 E/Fairview Rd for 4 miles. At the
84 traffic circle, continue straight onto NC-218 for 2.5 miles.
Turn right onto Indian Trail Fairview Rd. The parcel will be
located on the left.
Figure 1. Vicinity Map
W I L D L A N D S 0 1.5 3 Miles Running Dog Mitigation Site
E N G I N E E R I N G I I Mitigation Plan
Yadkin River Basin (03040105)
Union County, NC

Pi
Reedy Creek
ature Preserve /
Reedy Cr ek
Greenway%%6-lf
Wilgrove
Oarlwood Acre
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�o
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ENGINEERING I I I I I
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F HUC 03040105030020
Riparian Buffer Credits Service Area
Running Dog Parcel Location
ig way=cv—�=�
Cabarrus
Midland
Y
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=Brief
Fairvi
Unionville
Figure 2. Service Area Map
Running Dog Mitigation Site
Mitigation Plan
Yadkin River Basin (03040105)
Union County, NC

Figure 3. Site Map
kt�W I L D L A N D 5 0 200 400 Feet Running Dog Mitigation Site
ENGINEERING I I I I t Mitigation Plan
Yadkin River Basin (03040105)
Union County, NC

QQ
UT1 UT2
EC1 82 ac 41 ac
11 a,c
rJ
EC2
Jr
13 ac t
i EC3
1 - 15 ac
i
Project Location
Watersheds
1
Subwatersheds •ti
Project Intermittent Streams * s
Project Ephemeral Channels ',• , r"` •=F'��1(I
Non -Project Streams ,s•'
Non -Project Ephemeral Channels i
Topographic Contours (2') -:
0 250 500 Feet
tv'WILDLANDS
ENGINEERING I I I I I
Figure 5. Watershed Map
Running Dog Mitigation Site
Mitigation Plan
Yadkin River Basin (03040105)
Union County, NC

Midland USGS 7.5 Minute Topographic Quadrangle
manu, et
1
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1 1
1 1
1 1
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k 1 1
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Figure 6. USGS Topographic Map
0 200 400 Feet Running Dog Mitigation Site
I i i i I Mitigation Plan
Yadkin River Basin (03040105)
Union County, NC

Privet Removal
O Needed
60' Crossing - �'�`"'�'�'-" _ `. '• 70'
70,90,
i
�. ♦� `� 60' Crossing +70'
` ` ► \
1
50' 1
-
1 60' Crossing '
Project Location !
Conservation Easement !70'
- Riparian Restoration for Buffer Credit (TOB-100') '
' Riparian Enhancement for Buffer Credit (TOB-100') !�-� ►
Riparian Preservation for Buffer Credit (TOB-100')
Privet Removal
- Project Intermittent Streams I Needed
Project Ephemeral Channels ► 1
Non -Project Streams
-- Non -Project Ephemeral Channels
GasLine (Approximate Location)
— Overhead Utility Lines
O Utility Poles
W I L D L A N D 5 0 200 400 Feet
kt� E N G I N E E R I N G I I I I I
Figure 7. Buffer Mitigation Concept Map
Running Dog Mitigation Site
Mitigation Plan
Yadkin River Basin (03040105)
Union County, NC

Brent N
ai9ler Rd
Fct Location
rvation Easement
r Rules- Subject Intermittent Streams
ct Ephemeral Channels
- 30 feet from TOB
F 50 feet from TOB
100 feet from TOB
■ 200 feet from TOB
Non -Project Intermittent Streams
Non -Project Ephemeral Channels
Figure 8. Riparian Buffer Zones Map
WW I L D L A N D S 0 200 400 Feet Running Dog Mitigation Site
ENGINEERING Mitigation Plan
Yadkin River Basin (03040105)
Union County, NC

yT
ki,
a �
Qa
70'
i
��a 1
x �• 1
Project Location
Conservation Easement
Riparian Restoration for Buffer Credit (TOB-100')
Riparian Enhancement for Buffer Credit (TOB-100')
Riparian Preservation for Buffer Credit (TOB-100')
Project Intermittent Streams
Project Ephemeral Channels
Non -Project Streams
Non -Project Ephemeral Channels
Vegetation Plots
W I L D L A N D 5 0 200 400 Feet
E N Cl I N E E R I N G I 1 I I I
Figure 9. Site Overview Map
Running Dog Mitigation Site
Mitigation Plan
Yadkin River Basin (03040105)
Union County, NC

Appendix A
Historical Aerial Photographs

�M
o,
R.a .
- ,i. -� .��� •.T•Cjr�'kis Srli"i'iWFI �„' � �'
i,
• a Y

INQUIRY #: 6358270.5
YEAR' 2012
= 875'
N
EVE R
MOW' OF Wg
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• M.
•
1

y•
INQUIRY #1 6358270.5
YFAR� 2009 U
= 875, (rEDR

s

INQUIRY* 6358270.5 N
YEAR: 1999
= 875' CEDR

INQUIRY #: 6358270.5 1 N
YEAR' 1993
= 875' 'EAR
Subject boundary not shown because it
exceeds image extent or image is not
georeferenced.

INQUIRY #: 6358270.5
YEAR: 1983
875'
EvEOR
•••-•

ram-
_
MAW
x
*14
INQUIRY #: 6358270.5
_
t:
YFAR- 1976
= 875' (CEDR

= 875'
N
ezEDR

1 .1
INQUIRY #: 6358270.5
YFAR: 1951 N
875' (rEDR
k �!f

INQUIRY #: 6358270.5
YEAR' 1948
- 875' ezEDR

Appendix 6
Existing Conditions Photographs

Photo 1— UT1
Photo 3 — UT2
Photo 5 — EC1
Photo 7 — EC3
Photo 2 — UT1A
Photo 4 — UT2A
Photo 6 — EC2
Running Dog Mitigation Plan Existing Conditions Photographs
DMS ID No. 100210 3/22/2022

Appendix C
NCDWR Determination and Site Viability Letters

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Andrea Eckardt
Wildlands Engineering Inc.
aeckardtC)wildlandseng.com
NORTH CAROLINA
Environmental Quality
February 18, 2022
Union County
Subject: Determination for Applicability to the Catawba Riparian Buffer Rule 15A NCAC 02B
.0614
Project Name: Running Dog Mitigation Site
Address: Brent Haigler Rd., Fairview, Union County
Location: Lat., Long: 35.130655,-80.549511
Dear Ms. Eckardt:
On February 16, 2022, staff of the Division of Water Resources (DWR) conducted an on -site
review of features located on the Running Dog Bank Parcel at the request of Wildlands
Engineering Inc. to determine the applicability of features on the site to the Goose Creek Riparian
Buffer Rule.
The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in
the table below. Streams were evaluated for subjectivity to the Catawba Riparian Buffer Rule.
Streams that are considered "Subject" have been located on the most recently published NRCS
Soil Survey of Union County and/or the most recent copy of the USGS Topographic (at 1:24,000
scale) map(s), have been located on the ground at the site, and possess characteristics that
qualify them to be at least intermittent streams. Features that are considered "Not Subject" have
been determined to not be at least intermittent, not present on the property, or not depicted on
the required maps.
This determination only addresses the applicability to the buffer rules within the
proposed easement and does not approve any activity within buffers or within waters of
the state. There may be other streams or features located on the property that appear or
do not appear on the maps referenced above. Any of the features on the site may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the
Clean Water Act.
The following table addresses the features observed and rated during the DWR site visit.
North Carolina Department of Environmental Quality I Division of Water Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 a Mooresville, North Carolina 28115
N40 CA
Mep.rk� d 704.663.1699

Feature
Depicted
Subject
Feature
Stream type, ditch,
to Buffer
Start @
Stop (ODRules
Depicted on
on
ID
swale, wetland, other
Soil Survey
USGS
To o
Beyond site
UT1
Stream
Yes
35.125/-80.549
boundary
Yes
Yes
UTIA
Stream
No
35.131/-80.555
UT1
No
No
Beyond site
UT2
Stream
Yes
35.128/-80.548
No
Yes
bound
UT2A
Stream
Yes
35.1291-80.546
UT2
Yes
Yes
EC2
Ephemeral
na
35.128/-80.552
UT1
Yes
No
EC3
Ephemeral
na
35.127/-80.547
UT2
Yes 7
Yes
This on -site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute this determination made by the DWR may
request an appeal determination by the Director of Water Resources. An appeal request
must be made within sixty (60) calendar days of the date of this letter to the Director in
writing.
If sending via U.S. Postal Service:
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Paul Wojoski - DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This determination is final and binding as detailed above unless an appeal is requested within
sixty (60) calendar days of the date of this letter.
If you have any additional questions or require additional information, please contact Doug
Perez at doug_perez@ncderingove or 704-743-6872. This determination is subject to review as
provided in G.S. 150B.
Sincerely,
EDocuSigned by:
As.d�uvH P;.U" for
F161 F669A2D84A3...
W_ Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments: Site Map with labels
cc: Katie Merritt, 401/Buffer Permitting Branch, email
� North Carolina Department of Environmental Quality j Division of Water Resources
Mooresville Regional Office 1610 East Center Avenue. Suite 301 I Mooresville, North Carolina 28115
noanicraounw �
a�•�m` /�� 704.663.1699

2/16/2022
�F
l �
l�t d•1�. r-� 0p` `
vi
4
+
-/ 0•
Parcels
Project Location
Proposed Conservation Easement - Proposal
Intermittent Project Stream
Ephemeral Channel
Non -Project Stream
-� - - Gas Line (Approximate Location)
Topographic Contours (2')
Overhead Utility Line
Utility Pole
W I L D L A N D S
E N G I N E E R I N G
I
1
1
I
1
70 /
.1
i
i
0 200 400 Feet
I I I I I
Figure 1 Site Map
Running Dog Mitigation Site
Yadkin River Basin (03040105)
Goose Creek Watershed
Union County, NC

DocuSign Envelope ID: 313367A1 F-3932-4EF3-AA14-54DAEOF3C89D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
Apri129, 2022
Andrea Eckardt
Wildlands Engineering, Inc
(via electronic mail: [e-mail] )
Re: Site Viability for Buffer Mitigation — Running Dog Site
Near 35.130655,-80.549511 off Brent Haigler Rd in Indian River, NC
Goose Creek Watershed
Union County
Dear Ms. Eckardt,
On February 18, 2022, Katie Merritt, with the Division of Water Resources (DWR), received a
request from you on behalf of Wildlands Engineering, Inc (Wildlands) for a site visit near the above -
referenced site in the Goose Creek 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-Site Map" (Figure 1") prepared by
Wildlands. The proposed easement boundary in Figure 1, includes all riparian areas intended to be
proposed as part of the mitigation site. On March 22, 2022, Ms. Merritt performed a site assessment
of the subject site. Staff with Wildlands 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
onsite
'Subject
Riparian Land uses
adjacent to Feature
Buffer
Credit
'Nutrient
Offset
4,1Mitigation Type Determination Win
to
riparian areas
Buffer
0( 200')
Viable
Viable at
Rule
2,273.02
lbs-N/acre
UT 1
Stream
Yes
Primarily non -forested
zYeS
N/A
Non -forested fields - Restoration Site
agricultural fields with
per 15A NCAC 02B .0295 (n)
scattered areas of privet and
partially forested areas
Partially forested fields - Enhancement
along the channel. See
Site per 15A NCAC 02B .0295 (n)
Figure 1 for differentiation
between forested and
Forested areas - Preservation Site per
partially forested and where
15A NCAC 02B .0295 (o)(5)
privet removal is required.
Minor bank stabilization efforts and
Erosional rills and gullies
grading needed where bank stability is
observed in the riparian
compromised and where erosional rills,
areas
sinkholes and gullies are observed.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

DocuSign Envelope ID: 313367A1 F-3932-4EF3-AA14-54DAEOF3C89D
Running Dog Site
Wildlands
April 29, 2022
Feature
Classification
'Subject
Riparian Land uses
Buffer
'Nutrient
4,SMitigation Type Determination Win
to
riparian areas
onsite
adjacent to Feature
Credit
Offset
Buffer
0( 200')
Viable
Viable at
Rule
2,273.02
lbs-N/acre
UT1A
Stream
No
Non -forested agricultural
Yes
N/A
Restoration Site per 15A NCAC 02B
fields
.0295 (o)(3)
EC1
Ephemeral
No
Non -forested agricultural
'Yes
N/A
Restoration Site per 15A NCAC 02B
fields
.0295 (o)(7)
This feature is not within
the proposed project
boundary, but was assessed
per the request of
Wildlands
EC2
Ephemeral
No
Non -forested agricultural
'Yes
N/A
Restoration Site per 15A NCAC 02B
fields
.0295 (o)(7)
UT2
Stream
Yes
Non -forested agricultural
Yes
N/A
Restoration Site per 15A NCAC 02B
fields
.0295 (n)
UT2A
Stream
Yes
Non -forested agricultural
Yes
N/A
Restoration Site per 15A NCAC 02B
fields
.0295 (n)
EC3
Ephemeral
No
Non -forested agricultural
'Yes
N/A
Restoration Site per 15A NCAC 02B
fields
.0295 (o)(7)
'Subjectivity calls for the features were determined by DWR in correspondence dated February 18, 2022 (DWR# not assigned) 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.
4 Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
5 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 and features shown in Figure 1. The map representing the proposal for the
site is attached to this letter and initialed by Ms. Merritt on April 29, 2022. Substantial changes to
the proposed easement boundary as well as any site constraints identified in this letter, could affect
the Site's potential to generate buffer mitigation for credits.
Page 2 of 3

DocuSign Envelope ID: 313367A1 F-3932-4EF3-AA14-54DAEOF3C89D
Running Dog Site
Wildlands
April 29, 2022
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 April 29, 2024 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: Site Map
cc: File Copy (Katie Merritt)
DocuSigned by:
G�fl/1 /•�G LAyV�GG
8.FFC85168F4E4...
for Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
Page 3 of 3

DocuSign Envelope ID: 313367A1 F-3932-4EF3-AA14-54DAEOF3C89D
= Forested (Preservation)
= Partially Forested (Enhancement)
. ' = Privet Removal needed
/ ♦`I`I `�91=27
Q9
70
'.� .. 60' Easement
`•� Break
�•�
. �.
60' Easement
Break
'. �..
70'
70'
�•`
60' Easement
.-'Break
�
170'
1
Parcels
Project Location
j
1
16 1 m I w- Proposed Conservation Easement - Proposal
Intermittent Project Stream
1 i
i
Ephemeral Channel
r
Non -Project Stream
---- Gas Line (Approximate Location)
Topographic Contours (2')
Overhead Utility Line
,-
Utility Pole
Figure 1 Site Map
W I L D L A N D S 0 200 400 Feet Running Dog Mitigation Site
E N G I N E E R I N G I I I I I Yadkin River Basin (03040105)
Goose Creek Watershed
3/23/2022 Union County, NC

Appendix D
Site Protection Instrument

STATE OF NORTH CAROLINA
UNION COUNTY
SPO File Numbers: XX
DMS Project Number: I
Prepared by: Office of the
Property Control Section
Return to: NC Departmen
State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
DEED OF CONSERVATION EASEMENT
AND RIGHT OF ACCESS PROVIDED
PITRCITANT Tn
IddIM1111h.- `N% I
THIS DEED OF CO VAq1%1'4EA`ShIENT AND RIGHT OF ACCESS, made
This day of , 2022, by CF Master Limited Partnership, LLC (collectively
"Grantor"), whose mailing address is to the State of North Carolina,
("Grantee"), whose mailing address is State of North Carolina, Department of Administration,
State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations of
Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns,
and shall include sin V
asculine, feminine, or neuter as required by context.
WITNESSETH:
WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State of
North Carolina has established the Division of Mitigation Services (formerly known as the
Ecosystem Enhancement Program and Wetlands Restoration Program) within the Department of
Environmental Quality (formerly Department of Environment and Natural Resources), for the
purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and
riparian resources that contribute to the protection and improvement of water quality, flood
prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and
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WHEREAS, this Conservation Easement from Grantor to Grantee has been negotiated,
arranged and provided for as a condition of a full delivery contract between Wildlands
Engineering, Inc. and the North Carolina Department of Environmental Quality, to provide
stream, wetland and/or buffer mitigation pursuant to the North Carolina Department of
Environment and Natural Resources Purchase and Services Contract Number 210202-01.
WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation
Easement pursuant to N.C. Gen. Stat. § 121-35; and
WHEREAS, the Department of Environment and Natural Resources and the United States
Army Corps of Engineers, Wilmington District entered into a Memorandum of Understanding,
(MOU) duly executed by all parties on November 4, 1998. This MOU recognized that the
Wetlands Restoration Program was to provide effective compensatory mitigation for authorized
impacts to wetlands, streams and other aquatic resources by restoring, enhancing and preserving
the wetland and riparian areas of the State; and
WHEREAS, the Department of Enviro ment and Natural Resou the North Carolina
Department of Transportation and the United States Army Corps of En rs, Wilmington
District entered into a Memorandum of Agreement, (MOA) duly execute all parties in
Greensboro, NC on July 22, 2003, which recognizes that the Division of Mitigation Services
(formerly Ecosystem Enhancement Program) is to provide for compensatory mitigation by
effective protection of the land, water and natural r urces oft State by restoring, enhancing
and preserving ecosystem functions; and
r nment and Na esources, the U.S. Army Corps
WHERFA^e ep�Atment of Envi
of Engineers, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the
North Carolina Wildlife Resources Commission, th North Carolina Division of Water Quality,
the North Carolina Division of Coastal Managemen , and the National Marine Fisheries Service
entered into an agreement to continue the In -Lieu Fee operations of the North Carolina Department
of Natural Resources ivision of Mitigation Services (formerly Ecosystem Enhancement
Program) with an effective date of 28 July, 2010, which supersedes and replaces the previously
effective MOA and MOU referenced above; and
WHEREAS, the acceptance of this instrument for and on behalf of the State of North
Carolina was granted to the Department of Administration by resolution as approved by the
Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina,
on the 8 h day of February 2000; and
WHEREAS, the Division of Mitigation Services in the Department of Environmental
Quality (formerly Department of Environment and Natural Resources), which has been delegated
the authority authorized by the Governor and Council of State to the Department of
Administration, has approved acceptance of this instrument; and
WHEREAS, Grantor owns in fee simple certain real properties situated, lying, and being
in Union County, North Carolina (the "Property"), and being more particularly described as
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o n e parcels of land containing a total of approximately acres and being conveyed to the
Grantor by deed as recorded in of the Union County Registry, North Carolina; and
WHEREAS, Grantor is willing to grant a Conservation Easement and Right of Access
over the herein described areas of the Property, thereby restricting and limiting the use of
the areas of the Property subject to the Conservation Easement to the terms and conditions
and purposes hereinafter set forth, and Grantee is willing to accept said Easement and Access
Rights. The Conservation Easement shall be for the protection and benefit of the waters of
unnamed tributaries to Goose Creek.
NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and
restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and
conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement and Right of Access together with an access easement to and from the Conservation
Easement Area described below.
The Conservation Easement
Total conservation Easement Area containing a tota
survey entitled "A Conservation Easement Survey for
Mitigation Services, Running Dog Site, S P O File No. _
Property of CF Master Limited Partnership, LLC, dated
Surveying (License ), and recorded in th Uni Co
at Plat Book : Pages -
acres as show on the plat of
of North Carolina Division of
DMS Project No. 100210",
prepared by Turner Land
arolina Register of Deeds
See attached "Exhibit A", Legal Description o of the Property hereinafter referred to as the
"Conservation Easement Area"
The purposes of this Conservation Ease'KWt are to maintain, restore, enhance, construct,
create and preserve wetland and/or riparian resources in the Conservation Easement Area that
contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic
habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Conservation
Easement Area in its natural condition, consistent with these purposes; and to prevent any use of
the Easement Area that will significantly impair or interfere with these purposes. To achieve these
purposes, the following conditions and restrictions are set forth:
L DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes, this Conservation Easement and
Right of Access shall be perpetual and it shall run with, and be a continuing restriction upon the
use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against
Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees.
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II. ACCESS EASEMENT
Grantor hereby grants and conveys unto Grantee, its employees, agents, successors and
assigns, a perpetual, non-exclusive easement for ingress and egress over and upon the Property at
all reasonable times and at such location as practically necessary to access the Conservation
Easement Area for the purposes set forth herein ("Access Easement"). This grant of easement
shall not vest any rights in the public and shall not be construed as a public dedication of the Access
Easement. Grantor covenants, represents and warrants that it is the sole owner of and is seized of
the Property in fee simple and has the right to grant and convey this Access Easement.
III. GRANTOR RESERVED USES AND RES#CTED ACTIVITIES
The Conservation Easement Area shall be restricted from any development or usage that
would impair or interfere with the purposes of this Conservation Easement. Unless expressly
reserved as a compatible use herein, any activity in, or use of, the Conservation Easement Area by
the Grantor is prohibited as inconsistent with the purposes of this C servation Easement. Any
rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any
rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation
credits, including, but not limited toj5geam, wetland, and riparian buffer mitigation units, derived
from each site within the area of the Conservation Easement, are conveyed to and belong to the
Grantee. Without limiting the generality of the foregoing, the following specific uses are
prohibited, restricted, or reserved as indicated:
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses,
including hiking, bird watching, Ing and fi hing, and access to the Conservation Easement
Area for the purposes thereof.
B. Motorized Vehicle Use. Motorized vehicle use in the Conservation Easement Area is
prohibited except within a Crossing Area(s) or Road or Trail as shown on the recorded survey plat.
C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage
in educational uses in the Conservation Easement Area not inconsistent with this Conservation
Easement, and the right of access to the Conservation Easement Area for such purposes including
organized educational activities such as site visits and observations. Educational uses of the
property shall not alter egetation, hydrology or topography of the site.
D. Damage to Vege xcept within Crossing Area(s) as shown on the recorded survey
plat and as related to the re oval of non-native plants, diseased or damaged trees, or vegetation
that destabilizes or renders unsafe the Conservation Easement Area to persons or natural habitat,
all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the
Conservation Easement Area is prohibited.
E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial
uses are prohibited in the Conservation Easement Area.
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F. Agricultural Use. All agricultural uses are prohibited within the Conservation Easement
Area including any use for cropland, waste lagoons, or pastureland.
G. New Construction. There shall be no building, facility, mobile home, antenna, utility
pole, tower, or other structure constructed or placed in the Conservation Easement Area.
H. Roads and Trails. There shall be no construction or maintenance of new roads, trails,
walkways, or paving in the Conservation Easement except within a Crossing Area as shown on the
recorded survey plat. All existing roads, trails and crossings within the Conservation Easement
Area shall be shown on the recorded survey plat. IAL
L Signs. No signs shall be permitted in the Conservation Easement Area except interpretive
signs describing restoration activities and the conservation values of the Conservation Easement
Area, signs identifying the owner of the Property and the holder of the Conservation Easement,
signs giving directions, or signs prescribing rule and regulations for e use of the Conservation
Easement Area.
J. Dumping or Storing. Dumping or stora oil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery, ot
other ma erial in the Conservation Easement Area is
prohibited.
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling,
excavation, dredging, mining, drilling, hydraulic fracturing; removal of topsoil, sand, gravel, rock,
peat, minerals, or other materials. VA#F -
L. Water Quality and Drainage Patterns. TherNshal no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting
the diversion of surface or underground water in the Conservation Easement Area. No altering or
tampering with water control structures or devices, or disruption or alteration of the restored,
enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the
Conservation Easement Area is prohibited. In the event of an emergency interruption or shortage
of all other water sources, water from within the Conservation Easement Area may temporarily be
withdrawn for goV se shown needed for the survival of livestock on the Property.
M. Subdivision and Conveyance. Grantor voluntarily agrees that no further subdivision,
partitioning, or dividing of the Conservation Easement Area portion of the Property owned by the
Grantor in fee simple ("fee") that is subject to this Conservation Easement is allowed. Any future
transfer of the Property shall be subject to this Conservation Easement and Right of Access and to the
Grantee's right of unlimited and repeated ingress and egress over and across the Property to the
Conservation Easement Area for the purposes set forth herein.
N. Development Rights. All development rights are permanently removed from the
Conservation Easement Area and are non-transferrable.
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O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any intentional introduction of non-
native plants, trees and/or animal species by Grantor is prohibited.
The Grantor may request permission to vary from the above restrictions for good cause
shown, provided that any such request is not inconsistent with the purposes of this Conservation
Easement, and the Grantor obtains advance written approval from the Division of Mitigation
Services, 1652 Mail Services Center, Raleigh, NC 27699-1652.
IV. GRANTEE RESERVED USES
A. Right of Access, Construction, and Inspection. The Grantee, its employees, agents,
successors and assigns, shall have a perpetual Right of Access over and upon the Conservation
Easement Area to undertake or engage in any activities necessary to construct, maintain, manage,
enhance, repair, restore, protect, monitor and inspect the stream, wetland and any other riparian
resources in the Conservation Easement Area for the purposes set forth herein or any long-term
management plan for the Conservation Easement Area developed pursuant to this Conservation
Easement.
B. Restoration Activities. These activities NinclupAaning of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and
prepare the soil, modification of the hydrology of the site, and installation of natural and manmade
materials as needed to direct in -stream, above ground, and subterraneous water flow.
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to
place signs and witness posts on the Property to include any or all of the following: describe the
project, prohibited activities within the Conservation Easement, or identify the project boundaries
and the holder of the Conservation Easement.
D. ences. Conservation Easements are pur%ased to protect the investments by the State
(Grantee) in natural resources. Livestock within conservations easements damages the investment
and can result in reductions in natural resource value and mitigation credits which would cause
financial harm to the State. Therefore, Landowners (Grantor) with livestock are required to restrict
livestock access to the Conservation Easement area. Repeated failure to do so may result in the
State (Grantee) repairing or installing livestock exclusion devices (fences) within the conservation
area for the purpose of restricting livestock access. In such cases, the landowner (Grantor) must
provide access to the State (Grantee) to make repairs.
E. Crossing Area(s). The Grantee is not responsible for maintenance of crossing area(s),
however, the Grantee, its employees and agents, successors or assigns, reserve the right to repair
crossing area(s), at its sole discretion and to recover the cost of such repairs from the Grantor if
such repairs are needed as a result of activities of the Grantor, his successors or assigns.
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V. ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is
allowed to prevent any activity within the Conservation Easement Area that is inconsistent with
the purposes of this Conservation Easement and to require the restoration of such areas or features
in the Conservation Easement Area that may have been damaged by such unauthorized activity or
use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall,
except as provided below, notify the Grantor in writing of such breach and the Grantor shall have
ninety (90) days after receipt of such notice to correct the damage caused by such breach. If the
breach and damage remains uncured after ninety (90) days, the Grantee may enforce this
Conservation Easement by bringing appropriate legal proceedings including an action to recover
damages, as well as injunctive and other relief. The Grantee shall also have the power and
authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation
Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b)
to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any
appropriate person or entity. 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 is or would irreversibly or otherwise materially impair the benefits to be derived from
this Conservation Easement, and the Grantor and Grantee acknowledge that the damage would be
irreparable and remedies at law 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.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right,
with reasonable notice, to enter the Conservation Easement Area over the Property at reasonable
times for the purpose of inspection to determine whether the Grantor is complying with the terms,
conditions and restrictions of this Conservation Easement.
C. Acts Beyond Grantor's Control. 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 caused by third parties, resulting from causes beyond the Grantor's
control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent
action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to life or damage to the Property resulting from such causes.
11
D. Costs of Enforcement. 'Beyond regular and typical monitoring expenses, any costs
incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor,
including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions
in violation of the terms of this Conservation Easement, shall be borne by Grantor.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and
any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be construed to be a waiver by Grantee.
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VL NHSCELLANEOUS
A. This instrument 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 invalid, the
remainder of the provisions of the Conservation Easement, and the application of such provision
to persons or circumstances other than those as to which it is found to be invalid, shall not be
affected thereby.
B. Grantor is responsible for any real estate taxes, assessme s, fees, or charges levied upon
the Property. 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. Upkeep of any constructed bridges, fences, or other amenities on the Property are
the sole responsibility of the Grantor. Nothing herein shall relieve the Grantor of the obligation to
comply with federal, state or local laws, regu ions and permits that may apply to the exercise of
the Reserved Rights.
C. Any notices shall be sent by egistered or ertified mail, returnNesta
quested to the
parties at their addresses shown he o other addresses as either pshes in writing
upon notification to the other.
D. Grantor shall notify Grantee in writing of the name and address and any parry to whom the
Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor
further agrees that any subsequent lease, deed, or other legal instrument by which any interest in
the Property is conveyed is subject to the Conservation Easement herein created.
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interests in the Property or any portion thereof.
F. This Conservatio asement and Right of Access may be amended, but only in writing
signed by all parties hereto, or their successors or assigns, if 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 purposes of the Conservation Easement. The owner of the Property shall
notify the State Property Office and the U.S. Army Corps of Engineers in writing sixty (60) days
prior to the initiation of any transfer of all or any part of the Property or of any request to void or
modify this Conservation Easement. Such notifications and modification requests shall be
addressed to:
Division of Mitigation Services Program Manager
NC State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
and
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General Counsel
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
G. 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 under N.C. Gen. Stat. § 121-34 et seq. 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.
VIL QUIE �J��
OYN
Grantor reserves all remaining rights accruing from ownership of the Property, including
the right to engage in or permit or invite others to engage in only those uses of the Conservation
Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not
inconsistent with the purposes of thi onservation Easement. Without limiti e generality of
the foregoing, the Grantor expres y reserves to the Grantor, and the Grant is invitees and
licensees, the right of access to the Conservation Easement Area, and the right of quiet enjoyment
of the Conservation Easement Area,
TO HAVE AND TO HOLD, the said rights and easements perpetually unto the State of
North Carolina for the aforesaid purposes,
AND Grantor covenants that Grantor is seized of the Property in fee and has the right to
convey the permanent Conservation Easement herein granted; that the same is free from
encumbrances and that Grantor will warrant and defend title to the same against the claims of all
persons
whomsoever.
NCDMS Full Delivery Conservation Easement Template AG reviewed 11 May 2017
Page 9 of 9

Appendix E
Categorical Exclusion

Appendix A
Categorical Exclusion Form for Division of Mitigation Services Projects
Version 2
Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental
document.
Part 1: General Project Information
Project Name: Running Dog Mitigation Site
Count Name: Union
DMS Number: 100210
Project Sponsor: Wildlands Engineering, Inc.
Project Contact Name: Kirsten Gimbert
Project Contact Address: 1430 S. Mint St, Suite 104, Charlotte, NC 28203
Project Contact E-mail: [e-mail]
DMS Project Mana er: Kelly Phillips
Project Description
The Running Dog Mitigation Site is being developed to provide riparian buffer mitigation within the Goose Creek Watershed in the
Yadkin River Basin. The streams onsite have little to no existing riparian buffers and are surrounded by open agricultural fields
primarily used to grow wheat, soybeans, and corn. Site stressors include sedimentation, nutrient, and fecal coliform input from
adjacent agricultural fields, limited floodplain storage, and lack of riparian canopy. Major goals are to provide ecological and water
quality enhancements by creating a functional riparian corridor and restoring the riparian buffer. This buffer mitigation project will
reduce sediment and nutrient loading, provide and improve terrestrial and in stream habitats, and improve stream and bank stability
by restoring and or preserving the vegetative buffer on the areas along with establishing a conservation easement.
For Official Use Only
Reviewed By:
3/18/2022 Ke tAj PkZUZt9,s,
Date DMS Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
3
Date For Division Administrator
FHWA

2: All Projects
Regulation/QuestionPart
..
Coastal Zone Management Act CZMA
1. Is the project located in a CAMA county?
❑ Yes
❑✓ No
2. Does the project involve ground -disturbing activities within a CAMA Area of
❑ Yes
Environmental Concern (AEC)?
❑ No
❑✓ N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
✓❑ N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
❑ Yes
Program?
❑ No
✓❑ N/A
Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA
1. Is this a "full -delivery" project?
✓❑ Yes
❑ No
2. Has the zoning/land use of the subject property and adjacent properties ever been
❑ Yes
designated as commercial or industrial?
❑✓ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
❑ Yes
hazardous waste sites within or adjacent to the project area?
❑✓ No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑ Yes
waste sites within or adjacent to the project area?
❑ No
❑✓ N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
❑ Yes
waste sites within the project area?
❑ No
❑✓ N/A
6. Is there an approved hazardous mitigation plan?
❑ Yes
❑ No
❑✓ N/A
National Historic Preservation Act Section 106
1. Are there properties listed on, or eligible for listing on, the National Register of
❑ Yes
Historic Places in the project area?
✓❑ No
2. Does the project affect such properties and does the SHPO/THPO concur?
❑ Yes
❑ No
❑✓ N/A
3. If the effects are adverse, have they been resolved?
❑ Yes
❑ No
❑✓ N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform
Act
1. Is this a "full -delivery" project?
❑✓ Yes
❑ No
2. Does the project require the acquisition of real estate?
✓❑ Yes
❑ No
❑ N/A
3. Was the property acquisition completed prior to the intent to use federal funds?
❑ Yes
❑✓ No
❑ N/A
4. Has the owner of the property been informed:
❑✓ Yes
* prior to making an offer that the agency does not have condemnation authority; and
❑ No
* what the fair market value is believed to be?
❑ N/A

3: Ground -Disturbing Activities
Regulation/QuestionPart
..
American Indian Religious Freedom Act AIRFA
1.
Is the project located in a county claimed as "territory" by the Eastern Band of
❑ Yes
Cherokee
Indians?
❑✓ No
2.
Is the site of religious importance to American Indians?
❑ Yes
❑ No
❑✓ N/A
3.
Is the project listed on, or eligible for listing on, the National Register of Historic
❑ Yes
Places?
❑ No
❑✓ N/A
4.
Have the effects of the project on this site been considered?
❑ Yes
❑ No
❑✓ N/A
Antiquities Act AA
1.
Is the project located on Federal lands?
❑ Yes
❑✓ No
2.
Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
❑ Yes
of antiquity?
❑ No
❑✓ N/A
3.
Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
❑✓ N/A
4.
Has a permit been obtained?
❑ Yes
❑ No
✓❑ N/A
Archaeological Resources Protection Act ARPA
1.
Is the project located on federal or Indian lands (reservation)?
❑
Yes
❑✓
No
2.
Will there be a loss or destruction of archaeological resources?
❑
Yes
❑
No
❑✓
N/A
3.
Will a permit from the appropriate Federal agency be required?
❑
Yes
❑
No
❑✓
N/A
4.
Has a permit been obtained?
❑
Yes
❑
No
❑✓
N/A
Endangered Species Act ESA
1.
Are federal Threatened and Endangered species and/or Designated Critical Habitat
❑✓ Yes
listed for the county?
❑ No
2.
Is Designated Critical Habitat or suitable habitat present for listed species?
❑ Yes
❑✓ No
❑ N/A
3.
Are T&E species present or is the project being conducted in Designated Critical
❑ Yes
Habitat?
❑ No
❑✓ N/A
4.
Is the project "likely to adversely affect" the species and/or "likely to adversely modify"
❑ Yes
Designated
Critical Habitat?
❑ No
✓❑ N/A
5.
Does the USFWS/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
✓❑ N/A
6.
Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination?
❑ Yes
❑ No
✓❑ N/A

Executive Order 13007 Indian Sacred Sites
1.
Is the project located on Federal lands that are within a county claimed as "territory"
❑ Yes
by the EBCI?
❑✓ No
2.
Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
❑ Yes
project?
❑ No
✓❑ N/A
3.
Have accommodations been made for access to and ceremonial use of Indian sacred
❑ Yes
sites?
❑ No
✓❑ N/A
Farmland Protection Policy Act FPPA
1.
Will real estate be acquired?
❑✓ Yes
❑ No
2.
Has NRCS determined that the project contains prime, unique, statewide or locally
❑✓ Yes
important farmland?
❑ No
❑ N/A
3.
Has the completed Form AD-1006 been submitted to NRCS?
❑✓ Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act FWCA
1.
Will the project impound, divert, channel deepen, or otherwise control/modify any
❑ Yes
water
body?
✓❑ No
2.
Have the USFWS and the NCWRC been consulted?
❑ Yes
❑ No
❑✓ N/A
Land and Water Conservation Fund Act Section 6 f
1.
Will the project require the conversion of such property to a use other than public,
❑ Yes
outdoor recreation?
❑✓ No
2.
Has the NPS approved of the conversion?
❑ Yes
❑ No
❑✓ N/A
Ma nuson-Stevens Fishery Conservation and Manaciement Act Essential Fish
Habitat
1.
Is the project located in an estuarine system?
❑ Yes
❑✓ No
2.
Is suitable habitat present for EFH-protected species?
❑ Yes
❑ No
❑✓ N/A
3.
Is sufficient design information available to make a determination of the effect of the
❑ Yes
project on EFH?
❑ No
❑✓ N/A
4.
Will the project adversely affect EFH?
❑ Yes
❑ No
❑✓ N/A
5.
Has consultation with NOAA-Fisheries occurred?
❑ Yes
❑ No
❑✓ N/A
Migratory Bird Treat Act MBTA
1.
Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
✓❑ No
2.
Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
✓❑ N/A
Wilderness Act
1.
Is the project in a Wilderness area?
❑ Yes
❑✓ No
2.
Has a special use permit and/or easement been obtained from the maintaining
❑ Yes
federal
agency?
❑ No
❑✓ N/A

Running Dog Mitigation Site
Categorical Exclusion
SUMMARY

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides a
Federal "Superfund" to clean up uncontrolled or abandoned hazardous -waste sites as well as accidents,
spills, and other emergency releases of pollutants and contaminants into the environment.
As the Running Dog Mitigation Site is a full -delivery project; an EDR Radius Map Report with Geocheck
was ordered for the site through Environmental Data Resources, Inc on February 5, 2021. Neither the
target property nor the adjacent properties were listed in any of the Federal, State, or Tribal
environmental databases searched by the EDR.
The Executive Summary of the EDR report is included in the Appendix. The full report is available if
needed.
National Historic Preservation Act (Section 106)
The National Historic Preservation Act declares a national policy of historic preservation to protect,
rehabilitate, restore, and reuse districts, sites, buildings, structures, and objects significant in American
architecture, history, archaeology, and culture, and Section 106 mandates that federal agencies
consider the effect of an undertaking on a property that is included in, or is eligible for inclusion in, the
National Register of Historic Places.
A scoping letter was submitted to the State Historic Preservation Office (SHPO) requesting comment on
the Running Dog Mitigation Site on January 25, 2022. SHPO responded on February 23, 2022 and is
unaware of any historical resources within the project boundary that would be affected by the project.
Therefore, SHPO does not have any concerns with the project as proposed. All correspondence related
to Section 106 is included in the Appendix.
Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act)
These acts, collectively known as the Uniform Act, provide for uniform and equitable treatment of
persons displaced from their homes, businesses, non-profit associations, or farms by federal and
federally assisted programs, and establish uniform and equitable land acquisition policies.
The Running Dog Mitigation Site is a full -delivery project that includes land acquisition. Notification of
the fair market value of the project property and the lack of condemnation authority by Wildlands was
included in the signed Option Agreements for the project properties. A copy of the relevant section of
each of the Option Agreements are included in the Appendix.
Endangered Species Act (ESA)
Section 7 of the ESA requires federal agencies, in consultation with and with the assistance of the
Secretary of the Interior or of Commerce, as appropriate, to ensure that actions they authorize, fund,
or carry out are not likely to jeopardize the continued existence of threatened or endangered species or
result in the destruction or adverse modification of critical habitat for these species.
The United States Fish and Wildlife Service (USFWS) Information for Planning and Consultation
database (IPaC) list of threatened and endangered species for the site includes the Atlantic pigtoe
(Fusconaia masoni), Carolina heelsplitter (Lasmigona decorata), monarch butterfly (Danaus plexippus):
(candidate species), Michaux's sumac (Rhus michauxii), and Schweinitz's sunflower (Helianthus
schweinitzii). Results from pedestrian surveys conducted on September 9, 2021 indicated that the
project area provides no suitable habitat for the federally listed species and no individuals of these
Running Dog Mitigation Site Categorical Exclusion
�: DMS #100210

species were located. There are no known critical habitats within the project site or in the area around
it. Wildlands determinations are noted below.
To meet regulatory requirements, a letter with project maps was submitted to the Asheville field office
requesting comment from USFWS dated January 25, 2022. The USFWS responded in a letter dated
February 8, 2022 stating they concur with the determination of No Effect for all federally listed species.
North Carolina Wildlife Resource Commission (NCWRC) was also contacted for comment in a letter
dated January 25, 2022. NCWRC responded on February 24, 2022 stating there are known occurrences
of the Carolina heelsplitter as well as other state species of concern in the Goose Creek and Crooked
Creek watersheds. NCWRC advised that if any in -stream work were to occur, surveys for aquatic
species may be requested. No in -stream work is planned for the Running Dog Mitigation Site, thereby,
no surveys are required at this time. All correspondence is included in the Appendix.
Farmland Protection Policy Act (FPPA)
The FPPA requires that, before taking or approving any federal action that would result in conversion of
farmland, the agency must examine the effects of the action using the criteria set forth in the FPPA,
and, if there are adverse effects, must consider alternatives to lessen them.
The Running Dog Mitigation Site includes the conversion of prime farmland. As such, Form AD-1006 has
been completed and was submitted to the Natural Resources Conservation Service (NRCS) on March
17, 2022. The completed form and correspondence documenting its submittal is included in the
Appendix.
Migratory Bird Treaty Act (MBTA)
The MBTA makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import,
or export any migratory bird. The indirect killing of birds by destroying their nests and eggs is covered
by the MBTA, so construction in nesting areas during nesting seasons can constitute a taking.
Wildlands requested comment on the Running Dog Mitigation Site from the USFWS in regard to
migratory birds on January 25, 2022. The USFWS responded in a letter dated February 8, 2022 stating
they concur with the determination of No Effect. All correspondence with USWFS is included in the
Appendix.
Running Dog Mitigation Site Categorical Exclusion
�: DMS #100210

Running Dog Mitigation Site
Categorical Exclusion
APPENDIX

Running Dog
9430 INDIAN TRAIL FAIRVIEW RD
INDIAN TRAIL, NC 28079
Inquiry Number: 6358270.2s
February 05, 2021
6 Armstrong Road, 4th floor
Shelton, CT 06484
Toll Free: 800.352.0050
(rEDR www.edrnet.com
FORM-LBD-CCA

TABLE OF CONTENTS
SECTION
PAGE
Executive Summary-------------------------------------------------------
ES1
Overview Map
2
Detail Map
3
Map Findings Summary----------------------------------------------------
4
Map Findings
8
Orphan Summary---------------------------------------------------------
9
Government Records Searched/Data Currency Tracking
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-9
Physical Setting Source Map Findings----------------------------------------
A-11
Physical Setting Source Records Searched------------------------------------.
PSGR-1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL
ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE,
ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor
should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property. Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2020 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other
trademarks used herein are the property of their respective owners.
TC6358270.2s Page 1

EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
9430 INDIAN TRAIL FAIRVIEW RD
INDIAN TRAIL, NC 28079
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator
UTM X (Meters):
UTM Y (Meters):
Elevation:
35.1258910 - 35' 7' 33.20"
80.5485820 - 80' 32' 54.89"
Zone 17
541130.6
3886899.2
579 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map: 5947242 MIDLAND, NC
Version Date: 2013
South Map: 5947220 BAKERS, NC
Version Date: 2013
AERIAL PHOTOGRAPHY IN THIS REPORT
Portions of Photo from: 20140524, 20140517
Source: USDA
TC6358270.2s EXECUTIVE SUMMARY 1

F- MAPPED SITES SUMMARY
Target Property Address:
9430 INDIAN TRAIL FAIRVIEW RD
INDIAN TRAIL, NC 28079
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
6358270.2s Page 2

EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL___________________________ National Priority List
Proposed NPL________________ Proposed National Priority List Sites
NPL LIENS -------------------- Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL__________________ National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY__________ Federal Facility Site Information listing
SEMS_________________________ Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS__________________ Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG------------------- RCRA- Large Quantity Generators
RCRA-SQG------------------- RCRA - Small Quantity Generators
RCRA-VSQG----------------- RCRA - Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity
Generators)
Federal institutional controls / engineering controls registries
LUCIS_________________________ Land Use Control Information System
TC6358270.2s 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
State- and tribal - equivalent NPL
NC HSDS_____________________ Hazardous Substance Disposal Site
State- and tribal - equivalent CERCLIS
SHWS------------------------- Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF_______________________ List of Solid Waste Facilities
DEBRIS_______________________ Solid Waste Active Disaster Debris Sites Listing
OLI____________________________ Old Landfill Inventory
LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications
State and tribal leaking storage tank lists
LAST__________________________ Leaking Aboveground Storage Tanks
LUST -------------------------- Regional UST Database
INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land
LUST TRUST_________________ State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST____________________ Underground Storage Tank Listing
UST___________________________ Petroleum Underground Storage Tank Database
AST___________________________ AST Database
INDIAN UST__________________ Underground Storage Tanks on Indian Land
State and tribal institutional control / engineering control registries
INST CONTROL______________ No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
VCP___________________________ Responsible Party Voluntary Action Sites
INDIAN VCP__________________ Voluntary Cleanup Priority Listing
State and tribal Brownfields sites
BROWNFIELDS______________ Brownfields Projects Inventory
FAQQ III 1[0]ki/e104ki LTA I&QkiIkTAI=I,rIFA0N 001NIR
Local Brownfield lists
US BROWNFIELDS----------- A Listing of Brownfields Sites
TC6358270.2s 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
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/TSCATracking System Administrative Case Listing
DOT OPS_____________________
Incident and Accident Data
CONSENT____________________
Superfund (CERCLA) Consent Decrees
TC6358270.2s EXECUTIVE SUMMARY 5

EXECUTIVE SUMMARY
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
ECHO -------------------------
Enforcement & Compliance History Information
UXO ---------------------------
Unexploded Ordnance Sites
DOCKET HWC----------------
Hazardous Waste Compliance Docket Listing
FUELS PROGRAM___________
EPA Fuels Program Registered Listing
AIRS__________________________
Air Quality Permit Listing
ASBESTOS___________________
ASBESTOS
COAL ASH____________________
Coal Ash Disposal Sites
DRYCLEANERS______________
Drycleaning Sites
Financial Assurance -----------
Financial Assurance Information Listing
NPDES------------------------
NPDES Facility Location Listing
UIC----------------------------
Underground Injection Wells Listing
AOP---------------------------
Animal Operation Permits Listing
SEPT HAULERS______________
Permitted Septage Haulers Listing
MINES MRDS-----------------
Mineral Resources Data System
CCB___________________________
Coal Ash Structural Fills (CCB) Listing
PCSRP------------------------
Petroleum -Contaminated Soil Remediation Permits
EDR Exclusive Records
EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants
EDR Hist Auto ----------------- EDR Exclusive Historical Auto Stations
EDR Hist Cleaner_____________ EDR Exclusive Historical Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS____________________ Recovered Government Archive State Hazardous Waste Facilities List
RGA LF_______________________ Recovered Government Archive Solid Waste Facilities List
RGA LUST____________________ Recovered Government Archive Leaking Underground Storage Tank
14111N:A7111.101.[el&ik1:&�9NFA:0]:1N:Wl0&9
Surrounding sites were not identified.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC6358270.2s EXECUTIVE SUMMARY 6

EXECUTIVE SUMMARY
Due to poor or inadequate address information, the following sites were not mapped. Count: 1 records.
Site Name
PREFERRED CLEANERS
Database(s)
DRYCLEANERS
TC6358270.2s EXECUTIVE SUMMARY 7

OVERVIEW MAP - 6358270.2S
IV
Target Property
A
Sites at elevations higher than
or equal to the target property
♦
Sites at elevations lower than
the target property
1
Manufactured Gas Plants
National Priority List Sites
Dept. Defense Sites
0 1/4 1/2 1 Mlles
Indian Reservations BIA Hazardous Substance
Power transmission lines Disposal Sites
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: Running Dog CLIENT: Wildlands Eng, Inc.
ADDRESS: 9430 INDIAN TRAIL FAIRVIEW RD CONTACT: Andrea Eckardt
INDIAN TRAIL NC 28079 INQUIRY #: 6358270.2s
LAT/LONG: 35.125891 / 80.548582 DATE: February 05, 2021 2:42 pm
Copyright �o 2021 EDR, Inc. (,) 2015 TonnTom Rai. 2015.

DETAIL MAP - 6358270.2S
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
i
Sensitive Receptors
National Priority List Sites
Dept. Defense Sites
0 1 /9 1 /4 1 /2 Mlles
Indian Reservations BIA Hazardous Substance
Power transmission lines Disposal Sites
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: Running Dog CLIENT: Wildlands Eng, Inc.
ADDRESS: 9430 INDIAN TRAIL FAIRVIEW RD CONTACT: Andrea Eckardt
INDIAN TRAIL NC 28079 INQUIRY #: 6358270.2s
LAT/LONG: 35.125891 / 80.548582 DATE: February 05, 2021 2:43 pm
Copyright �o 2021 EDR, Inc. (,) 2015 TonnTom Rai. 2015.

WILDLANDS
E N G I N E E R I N G
January 25, 2022
Renee Gledhill -Earley
State Historic Preservation Office
4617 Mail Service Center
Raleigh, NC 27699-4617
Submitted via email: [e-mail]
Subject: Running Dog Mitigation Site
Union County, North Carolina
Dear Ms. Gledhill -Earley,
Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect
to archaeological or cultural resources associated with a potential riparian buffer restoration project on the
Running Dog Mitigation Site located in Union County, NC. A Site Map and a USGS Topographic Map showing the
approximate project area are enclosed. The topographic figure was prepared from the Midland 7.5-Minute USGS
Topographic Quadrangle, and the site is located at latitude 35.130142, longitude-80.552587.
The Running Dog Mitigation Site is being developed to provide riparian buffer mitigation in the Yadkin River basin.
The project will include buffer restoration of three unnamed tributaries and three ephemeral channels that flow to
Goose Creek. The streams onsite have little to no existing riparian buffers and are surrounded by open agricultural
fields primarily used to grow wheat, soybeans, and corn. Site stressors include sedimentation, nutrient, and fecal
coliform input from adjacent agricultural fields, limited floodplain storage, lack of riparian canopy, as well as non -
diffuse and peak flows.
The major goals of the proposed buffer restoration project are to provide ecological and water quality
enhancements to the Yadkin River Basin by creating a functional riparian corridor and restoring the riparian buffer.
This buffer mitigation project will reduce sediment and nutrient loading, provide and improve terrestrial and in
stream habitats, and improve stream and bank stability. This will be accomplished by restoring and or preserving
the vegetative buffer on the areas up to 70 feet from streams and ephemeral channels, along with permanently
preserving and protecting the site through establishing a conservation easement.
No surveyed sites listed on the North Carolina State Historic Preservation Office (SHPO) or are on the NAtional
Register are located within a mile of the projectNo other architectural structures or archaeological artifacts have
been observed or noted during preliminary surveys of the site. We ask that you review the site based on the
attached information to determine the presence of any historic properties within the conservation easement area
as shown on Figures 1 and 2.
We thank you in advance for your timely response and cooperation. Please feel free to contact us with any
questions that you may have concerning the extent of site disturbance associated with this project.
Sincerely,
t Ji
Kirsten Gimbert, Senior Environmental Scientist
[e-mail]
704.941.9093
Attachments: Figure 1 Site Overview Map and Figure 2 USGS Topographic Map
Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
February 23, 2022
Kirsten Gimbert
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
kgimbell2wildlandseng.com
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, NC 28203
Re: Running Dog Mitigation Site, 35.130142,-80.552587, Union County, ER 22-0384
Dear Ms. Gimbert:
Thank you for your letter of January 25, 2022, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

action under any indemnification or defense provision in this agreement, nor for the award of attorney's fees and costs
in conjunction with any action relating to this agreement.
3.2 Notices. All notices required by this agreement shall be in writing, shall be given only in accordance with
the provisions of this Section, shall be addressed to the Parties in the manner stated below, and shall be conclusively
deemed properly delivered: (a) upon receipt when hand delivered during normal business hours; (b) upon the day of
delivery if the notice has been deposited in an authorized receptacle of the United States Postal Service as first-class,
registered or certified mail, postage prepaid, with a return receipt requested; (c) one business day after the notice has
been deposited with either FedEx or United Parcel Service to be delivered by overnight delivery; or (d) if sent by email,
upon receipt of an acknowledgement email sent to the sender's email address in which the party receiving the email
notice acknowledges having received that email. An automatic "read receipt" is not acknowledgement for purposes of
this section 3.2. The addresses of the parties to receive notices are as follows:
TO BUYER: Wildlands Engineering, Inc.
1430 S. Mint Street, Suite 104
Charlotte, North Carolina 28203
Attention: Matt Covington
e-mail: [e-mail]
TO SELLER: 601 Investments, LLC
13860 Ballantyne Corporate Park, Suite 120
Charlotte, NC 28277
Attention: Glenn Chambers
e-mail: [e-mail]
Notice of change of address shall be given by written notice in the manner described in this paragraph.
3.3 Assignment. Buyer has the right to assign this agreement without the consent of Seller. No assignment
shall be effective unless the assignee has delivered to Seller a written assumption of Buyer's obligations under this
agreement. Seller hereby releases Buyer from any obligations under this agreement arising after the effective date of
any assignment of this agreement by Buyer.
3.4 Value of Conservation Easement; No Power of Eminent Domain. In accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, Buyer hereby notifies Seller that: (i) Buyer
believes that the fair market value of the Conservation Easement is an amount equal to the Purchase Price; and (ii)
Buyer does not have the power of eminent domain.
3.5 Modification; Waiver. No amendment of this agreement will be effective unless it is in writing and
signed by the parties. No waiver of satisfaction of a condition or failure to comply with an obligation under this
agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will
constitute a waiver of satisfaction of any other condition or failure to comply with any otherobligation.
3.6 Attorneys' Fees. If either party commences an action against the other to interpret or enforce any of the
terms of this agreement or because of the breach by the other party of any of the terms of this agreement, the losing
party shall pay to the prevailing party reasonable attorneys' fees, expenses, court costs, litigation costs and any other
expenses incurred in connection with the prosecution or defense of such action, whether or not the action is prosecuted
to a final judgment.
1-27-21 RW B
Buyer
Seller

Each party is signing this agreement on the date stated below that party's signature.
BUYER:
WILDLANDS ENGINEERING, INC.,
a North Carclina corporation
By: b _ w/l-, -
5 awn D. Wilkerson, President
Date: 3 J '2-112.
SELLER:
601 INVESTMENTS, LLC,
a North Car limited liability corn ny
By:
•GI .nn Chambers, Manager
Date: I1O-4-az Q,1
5-21-19 RWB

WILDLANDS
E N GIN EE Pf NCG
January 25, 2022
Holland Youngman
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Submitted via email: holland [e-mail]
Subject: Running Dog Mitigation Site
Union County, North Carolina
Dear Ms. Youngman,
Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect
to endangered species, migratory birds, or other trust resources associated with a potential riparian buffer
restoration project on the Running Dog Mitigation Site located in Union County, NC. This is a North Carolina
Division of Mitigation Services (NCDMS) full -delivery project. A Site Map and a USGS Topographic Map showing the
approximate project area are enclosed. The topographic figure was prepared from the Midland 7.5-Minute USGS
Topographic Quadrangle, and the site is located at latitude 35.130142, longitude-80.552587.
The Running Dog Mitigation Site is being developed to provide riparian buffer mitigation within the Yadkin River
Basin. The streams onsite have little to no existing riparian buffers and are surrounded by open agricultural fields
primarily used to grow wheat, soybeans, and corn. Land disturbance during planting will be limited. The buffer
project will include the restoration of ecological function to riparian areas on the site. Existing site stressors include
sedimentation, nutrient, and fecal coliform input from adjacent agricultural fields, limited floodplain storage, lack
of riparian canopy, as well as non -diffuse and peak flows. Streams and ephemeral channels on the Site have little
to no existing riparian buffer and flow directly into Goose Creek. The absence of well -established riparian buffers
contributes to nutrient loading, habitat fragmentation, and bank instability within the project area.
The major goals of the stream mitigation project are to provide ecological and water quality enhancements in the
Goose Creek Watershed, while protecting the site in perpetuity through establishing a conservation easement. This
will be accomplished by creating a functional riparian corridor through the restoration of riparian buffers. The
project design will be developed to avoid adverse impacts to existing streams, wetland resources, or mature
wooded vegetation. Waters of the United States 404/401 permitting is not required for this buffer mitigation site
as construction activities will only involve planting riparian vegetation and will not impact project streams or
downstream resources.
According to the USFWS Information for Planning and Consultation database (IPaC), the threatened or endangered
species listed within the project area located in Union County, NC consists of five species: the Atlantic pigtoe
(Fusconaia masoni), the Carolina heelsplitter (Lasmigona decorate), the monarch butterfly (Danaus plexippus),
Michaux's sumac (Rhus michauxii), and Schweinitz's sunflower (Helianthus schweinitzii) for similarity of
appearance. A pedestrian survey was conducted on September 9, 2021. No suitable habitat was found for the
federally listed species and no individuals of any species were located. If we have not heard from you in 30 days,
we will assume that you do not have any comments regarding associated laws and that you do not have any
information relevant to this project at the current time.
We thank you in advance for your timely response and cooperation. Please feel free to contact us with any
questions that you may have concerning the extent of site disturbance associated with this project.
Sincerely,
6.Y
Kirsten Gimbert, Senior Environmental Scientist
[e-mail]
704.941.9093
Attachment: Figure 1 Site Overview Map and Figure 2 USGS Topographic Map
Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

Q�eP¢��er►Y o� ryfi'ym F Sf;IAEH ffiCE VolP
United States Department of the Interior
FISH AND WILDLIFE SERVICE ;
Tly9Cry , N Asheville Field Office ' �.
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
February 08, 2022
Kirsten Gimbert
Wildlands Engineering, Inc.
1430 South Mint Street, Ste. 104
Charlotte, North Carolina 28203
kgimbertkwildlandseng.com
Subject: Scoping Request for Running Dog Riparian Restoration Site, North Carolina Division of
Mitigation Services (NCDMS) Full -Delivery Project in Yadkin River Basin, Union County, North
Carolina
Dear Ms. Gimbert:
On January 25, 2022, we received your letter (via email) requesting our comments on the subject project.
We have reviewed the information that you presented, and the following comments are provided in
accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.)
(NEPA); the Bald and Golden Eagle Protection Act (BGEPA, 16 U.S.C. 668-668d); the Fish and
Wildlife Coordination Act, as amended (16 U.S.C. 661 - 667e); and section 7 of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 - 1543) (Act).
Project Description
According to the information provided, Wildlands Engineering (Wildlands), proposes to conduct a stream
enhancement project in Union County, North Carolina consisting of riparian buffer restoration along two
tributaries to Goose Creek, within the Yadkin River Basin. The onsite streams have little to no existing
riparian buffers and are surrounded by open agricultural fields. Existing site stressors include
sedimentation, nutrient, and fecal coliform input from adjacent agricultural fields, limited floodplain
storage, and lack of riparian canopy as well as non -diffuse and peak flows. Land disturbance during
riparian planting will be limited and in -stream work will not occur. The purpose of the project is to
provide ecological and water quality enhancements in the Goose Creek Watershed, while protecting the
site in perpetuity through establishing a conservation easement. You provided this description, a list of
federally designated species and associated considerations, and project site topographic and aerial maps.
Federally Listed Species
In accordance with section 7 (a)(2) of the Act and 50 CFR Part 402.01, before any federal
authorization/permits or funding can be issued for this project, it is the responsibility of the appropriate
federal regulatory/permitting and/or funding agency(ies) to determine whether the project may affect any
federally endangered or threatened species (listed species) or designated critical habitat. If it is
determined that this project may affect any listed species or designated critical habitat, you and the federal
action agency must initiate section 7 consultation with this office.
To determine whether your project may affect a listed species, we recommend surveying the project areas
for suitable habitat for the below listed species prior to any on -the -ground activities. Your letter indicates
that a survey on September 9, 2021 revealed no suitable habitat within the project area for federally listed

Ms. Gimbert — Wildlands Engineering
species. Given the lack of suitable habitat on site, the avoidance of in -stream work, and the minimization
of soil disturbance during riparian plantings, impacts to aquatic organisms would not be expected to
occur. Based on the information provided, we would agree with No Effect determinations from the lead
federal action agency for the federally designated species listed in the table below:
Common Name
Scientific Name
Federal Status'
Atlantic pigtoe
Fusconaia masoni
T
Bald eagle
Haliaeetus leucocephalus
BGEPA
Carolina heelsplitter
Lasmigona decorata
E
Monarch butterfly
Danaus plexippus
CAN
Schweinitz's sunflower
Helianthus schweinitzii
E
'E = endangered, T = threatened, CAN = candidate species, BGEPA = Bald and Golden Eagle Protection
Act
In the interest of a thorough review, the following is provided:
Monarch butterfly is a candidate species (CAN). CAN are not legally protected under the Act and are not
subject to any of its provisions, including section 7, unless they are formally proposed or listed as
endangered or threatened. While lead federal agencies are not prohibited from jeopardizing the continued
existence of a CAN or proposed species until the species becomes listed, the prohibition against jeopardy
and taking a listed species under section 9 of the Act applies as soon as the listing becomes effective,
regardless of the stage of completion of the proposed action. We are including this species in our
response to give you advance notification and request your assistance in protecting it. Although not
required, we recommend that the presence/absence of this species be addressed in any BE/BA prepared
for this or future projects, depending on your expected completion timeline.
Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
Erosion and Sedimentation Control. Construction activities near streams, rivers, and lakes
have the potential to cause water pollution and stream degradation if measures to control site
runoff are not properly installed and maintained. In order to effectively reduce erosion and
sedimentation impacts, best management practices specific to the extent and type of construction
should be designed and installed during land disturbing activities and should be maintained until
the project is complete and appropriate stormwater conveyances and vegetation are reestablished
on the site. A complete design manual, which provides extensive details and procedures for
developing site specific plans to control erosion and sediment and is consistent with the
requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative
Rules, is available at: http://portal.ncdenr.ory/web/lr/publications.
For maximum benefits to water quality and bank stabilization, riparian areas should be forested;
however, if the areas are maintained in grass, they should not be mowed. We recommend
planting disturbed areas with native riparian species. We can provide information on potential
sources of plant material upon request.
Pollinators. Throughout the site, avoid non-native seed mixes and plants. Instead, sow native
seed mixes and plant species that are beneficial to pollinators.
o Avoid seed mixes and plants that have been pre-treated with insecticides, such as
neonictinoids.

Ms. Gimbert — Wildlands Engineering
o Taller -growing pollinator plant species should be planted around the periphery of the site
and anywhere on the site where mowing can be restricted during the summer months.
Taller plants, not mowed during the summer, would provide benefits to pollinators,
habitat for ground-nesting/feeding birds, and cover for small mammals.
o Native low-growing/groundcover species should be planted in areas that need to be
maintained. This would provide benefits to pollinators while also minimizing the amount
of maintenance, such as mowing and herbicide treatment.
o Using a seed mix that includes milkweed species (Asclepias spp.) is especially beneficial
for monarch butterflies. The following website provides additional information and a
comprehensive list of native plant species that benefit pollinators:
http://www.xerces.org/pollinator-resource-center/mid-atlantic. We also offer our
assistance with developing seed mixes that can be used in conjunction with fast growing
erosion control seed mixes for overall soil stability and pollinator benefits.
o Additional information regarding plant species, seed mixes, and pollinator habitat
requirements can be provided upon request.
We appreciate the opportunity to provide these comments. Please contact Ms. Holland Youngman of our
staff at hollandyouungmankfws.gov if you have any questions. In any future correspondence concerning
this project, please reference our Log Number 22-126.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor

%b
W ILDLANDS
E " G I N E E R f N G
February 25, 2022
Laurie F. Muzzy
NRCS-Natural Resource Conservation Service
Resource Soil Scientist
4407 Bland Road Suite #117
Raleigh, NC 27609
Submitted via email: [e-mail]
Subject: Running Dog Mitigation Site
Union County, North Carolina
Dear Ms. Muzzy,
Wildlands Engineering, Inc. requests review and completion of Parts II and IV of the USDA AD-1006 form as
required under the Farmland Protection Policy Act (FPPA) of North Carolina regarding a potential riparian buffer
restoration project on the Running Dog Mitigation Site located in Union County, NC. The project is funded by
North Carolina Division of Mitigation Services (NCDMS) and the lead federal agency is Donnie Brew with Federal
Highway Administration (FHWA). A Site Map and a USGS Topographic Map showing the approximate project area
are enclosed. The topographic figure was prepared from the Midland 7.5-Minute USGS Topographic Quadrangle,
and the site is located at latitude 35.130142, longitude-80.552587.
The Running Dog Mitigation Site is being developed to provide riparian buffer mitigation in the Yadkin River basin.
The project will include buffer restoration of three unnamed tributaries and three ephemeral channels that flow to
Goose Creek. The streams onsite have little to no existing riparian buffers and are surrounded by open agricultural
fields primarily used to grow wheat, soybeans, and corn. Site stressors include sedimentation, nutrient, and fecal
coliform input from adjacent agricultural fields, limited floodplain storage, lack of riparian canopy, as well as non -
diffuse and peak flows.
The major goals of the proposed buffer restoration project are to provide ecological and water quality
enhancements to the Yadkin River Basin by creating a functional riparian corridor and restoring the riparian buffer.
This will be accomplished by restoring and or preserving the vegetative buffer on the areas up to 70 feet from
streams and ephemeral channels, along with permanently preserving and protecting the site through establishing
a conservation easement. Three areas within the proposed conservation easement are proposed to be converted,
totaling 14.75 acres. Waters of the United States 404/401 permitting is not required for this buffer mitigation site
as construction activities will only involve planting riparian vegetation and will not impact project streams or
downstream resources.
We thank you in advance for your timely response and cooperation. Please feel free to contact us with any
questions that you may have concerning the extent of site disturbance associated with this project.
Sincerely,
Kirsten Gimbert, Senior Environmental Scientist
[e-mail]
704.941.9093
Attachments: Figure 1 Site Overview Map, Figure 2 USGS Topographic Map, AD-1006 Form
WWildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

USDA
United States Department of Agriculture
Natural Resources
February 28, 2022
Conservation Service
Kirsten Gimbert, Senior Environmental Scientist
North Carolina
Wildlands Engineering, Inc.
State once
1430 S. Mint St, Suite 104
4407 Bland Rd.
Charlotte, NC 28203
Suite 117
[phone]
Raleigh, NC 27609
Voice [phone]
Dear Kirsten Gimbert,
Fax [phone]
The following information is in response to your request soliciting comments regarding
the Running Dog Mitigation Site project in Union County, NC.
Projects are subject to Farmland Protection Policy Act (FPPA) requirements if they may
irreversibly convert farmland (directly or indirectly) to nonagricultural use and are
completed by a Federal agency or with assistance from a Federal agency.
For the purpose of FPPA, farmland includes prime farmland, unique farmland, and land of
statewide or local importance. Farmland subject to FPPA requirements does not have to
be currently used for cropland. It can be forest land, pastureland, cropland, or other land,
but not water or urban built-up land. Farmland means prime or unique farmlands as
defined in section 1540(c)(1) of the Act or farmland that is determined by the appropriate
state or unit of local government agency or agencies with concurrence of the Secretary to
be farmland of statewide of local importance.
"Farmland" does not include land already in or committed to urban development or water
storage. Farmland "already in" urban development or water storage includes all such
land with a density of 30 structures per 40-acre area. Farmland already in urban
development also includes lands identified as "urbanized area" (UA) on the Census
Bureau Map, or as urban area mapped with a "tint overprint" on the USGS topographical
maps, or as "urban -built-up" on the USDA Important Farmland Maps. See over for more
information.
The area in question does include land classified as Prime or Important Farmland. In
accordance with the Code of Federal Regulations 7CFR 658, Farmland Protection Policy Act,
the AD-1006 was initiated. NRCS has completed Parts II, IV, V of the form, and returned for
completion by the requesting agency. The requesting federal agency will determine next
steps when funding is initiated.
If you have any questions, please feel free to call me at [phone].
Sincerely,
Laurie F. Muzzy
Resource Soil Scientist
cc:
Shauntae Britt, District Conservationist, NRCS, Monroe, NC
Mike Jones, State Soil Scientist, Raleigh, NC
The Natural Resources Conservation Service
is an agency of the Department of Agriculture's
Farm Production and Conservation (FPAC).
An Equal Opportunity Provider, Employer, and Lender

Kirsten Gimbert
From: Kirsten Gimbert
Sent: Friday, March 18, 2022 9:48 AM
To: Muzzy, Laura - FPAC-NRCS, RALEIGH, NC
Subject: Running Dog AD-1006 Form
Attachments: Union - Running Dog Mit_AD-1006_USDA_FINAL.pdf
Hi Laurie,
Attached, please find the completed AD-1006 form for the Running Dog Mitigation Site.
Sincerely,
Kirsten Gimbert I Senior Environmental Scientist
M: 704.941.9093
Wildlands Engineering, Inc.
1430 S. Mint St, Suite 104
Charlotte, NC 28203

U.S. Department of Agriculture
FARMLAND CONVERSION IMPACT RATING
PART I (To be completed by Federal Agency)
Date Of Land Evaluation Request 2/24/2022
Name of ProjectRunning Dog Mitigation Site
Federal Agency Involved FHWA
Proposed Land Use Buffer Restoration
County and State Union County, NC
PART II (To be completed by NRCS)
Date Re uest Received By
NRCS 2/25/2022
Person Co I ti g Form:
Laurie � uzzv
Does the site contain Prime, Unique, Statewide or Local Important Farmland?
(If no, the FPPA does not apply - do not complete additional parts of this form)
YES NO
Acres Irrigated
0
Average Farm Size
195
Major Crop(s)
corn
Farmable Land In Govt. Jurisdiction
Acres: 96.4 % 394,214
Amount of Farmland As Defined in FPPA
Acres: 96.4 % 394,214
Name of Land Evaluation System Used
Union County LESA
Name of State or Local Site Assessment System
NA
Date Land Evaluation Returned by NRCS
2/28/2022
PART III (To be completed by Federal Agency)
Alternative Site Rating
Site A
Site B
Site C
Site D
A. Total Acres To Be Converted Directly
14.8
B. Total Acres To Be Converted Indirectly
0
C. Total Acres In Site
14.8
PART IV (To be completed by NRCS) Land Evaluation Information
A. Total Acres Prime And Unique Farmland
0
B. Total Acres Statewide Important or Local Important Farmland
10.8
C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted
0.00370
D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value
38.03%
PART V (To be completed by NRCS) Land Evaluation Criterion
Relative Value of Farmland To Be Converted Scale of 0 to 100 Points
74.4
PART VI (To be completed by Federal Agency) Site Assessment Criteria
(Criteria are explained in 7 CFR 658.5 b. For Corridor ro ect use form NRCS-CPA-106)
Maximum
Points
Site A
Site B
Site C
Site D
1. Area In Non -urban Use
(15)
0
2. Perimeter In Non -urban Use
(10)
0
3. Percent Of Site Being Farmed
(20)
20
4. Protection Provided By State and Local Government
(20)
20
5. Distance From Urban Built-up Area
(15)
5
6. Distance To Urban Support Services
(15)
0
7. Size Of Present Farm Unit Compared To Average
(10)
1
8. Creation Of Non-farmable Farmland
(10)
0
9. Availability Of Farm Support Services
(5)
5
10. On -Farm Investments
(20)
20
11. Effects Of Conversion On Farm Support Services
(10)
0
12. Compatibility With Existing Agricultural Use
(10)
0
TOTAL SITE ASSESSMENT POINTS
160
71
0
0
0
PART VII (To be completed by Federal Agency)
Relative Value Of Farmland (From Part V)
100
74.4
0
0
0
Total Site Assessment (From Part VI above or local site assessment)
160
71
0
0
0
TOTAL POINTS (Total of above 2 lines)
260
145.4
0
0
0
Site Selected:
Date Of Selection
Was A Local Site Assessment Used?
YES❑ NO ❑
Reason For Selection:
Name of Federal agency representative completing this form: Date:
(See Instructions on reverse side) Form AD-1006 (03-02)

W ILDLANDS
ENGINEERING
January 25, 2022
Olivia Munzer
North Carolina Wildlife Resource Commission
Western Piedmont Coordinator
Rogers Lake Depot
1718NCHwy 56W
Creedmoor, NC 27522
Submitted via email: [e-mail]
Subject: Running Dog Mitigation Site
Union County, North Carolina
Dear Ms. Munzer,
Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect
to fish and wildlife issues associated with a potential riparian buffer restoration project on the Running Dog
Mitigation Site located in Union County, NC. A Site Map and a USGS Topographic Map showing the approximate
project area are enclosed. The topographic figure was prepared from the Midland 7.5-Minute USGS Topographic
Quadrangle, and the site is located at latitude 35.130142, longitude-80.552587.
The Running Dog Mitigation Site is being developed to provide riparian buffer mitigation in the Yadkin River basin.
The project will include buffer restoration of three unnamed tributaries and three ephemeral channels that flow to
Goose Creek. The streams onsite have little to no existing riparian buffers and are surrounded by open agricultural
fields primarily used to grow wheat, soybeans, and corn. Site stressors include sedimentation, nutrient, and fecal
coliform input from adjacent agricultural fields, limited floodplain storage, lack of riparian canopy, as well as non -
diffuse and peak flows.
The major goals of the proposed buffer restoration project are to provide ecological and water quality
enhancements to the Yadkin River Basin by creating a functional riparian corridor and restoring the riparian buffer.
This will be accomplished by restoring and or preserving the vegetative buffer on the areas up to 70 feet from
streams and ephemeral channels, along with permanently preserving and protecting the site through establishing
a conservation easement. Waters of the United States 404/401 permitting is not required for this buffer mitigation
site as construction activities will only involve planting riparian vegetation and will not impact project streams or
downstream resources.
We thank you in advance for your timely response and cooperation. Please feel free to contact us with any
questions that you may have concerning the extent of site disturbance associated with this project.
Sincerely,
Kirsten Gimbert, Senior Environmental Scientist
[e-mail]
704.941.9093
Attachments: Figure 1 Site Overview Map and Figure 2 USGS Topographic Map
Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

9 North Carolina Wildlife Resources Commission 9
Cameron Ingram, Executive Director
24 February 2022
Kirsten Gimbert
Wildlands Engineering
1430 South Mint Street, Suite 104
Charlotte, NC 28203
SUBJECT: Environmental Review of the Running Dog Mitigation Site in Union County, North
Carolina.
Dear Ms. Gimbert,
Biologists with the North Carolina Wildlife Resource Commission (NCWRC) received your request for
review and comments on any possible concerns regarding the Running Dog Mitigation Site. Comments
are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667e) and North Carolina General Statutes (G.S. 113-131 et seq.).
The Running Dog Mitigation Site is located south-southeast of the intersection of Indian Trail -Fairview
Road and Brent Haigler Road in Union County, North Carolina. The proposed project would restore
and/or enhance the riparian buffer of three unnamed tributaries and three ephemeral channels that flow
into Goose Creek. Goose Creek is in the Yadkin -Pee Dee River basin. The riparian buffer will extend up
to 70 feet from the streams and ephemeral channels. The existing land use adjacent to the streams is
agricultural.
We have records for the federal and state endangered Carolina heelsplitter (Lasmigona decorata), state
endangered Carolina creekshell (Villosa vaughaniana), state threatened notched rainbow (Villosa
constricta), state special concern Carolina darter (Etheostoma collis), and state significantly rare eastern
creekshell (Villosa delumbis) in Goose Creek and Crooked Creek. If any instream work may occur,
NCWRC may request surveys for aquatic species.
Buffer restoration projects often improve water quality and aquatic habitat. Establishing native, forested
buffers in riparian areas will help protect water quality, improve aquatic and terrestrial habitats, and
provide a travel corridor for wildlife species. We offer the following general recommendations to
minimize impacts to aquatic and terrestrial wildlife resources:
1. We recommend riparian buffers are as wide as possible, given site constraints and landowner
needs. NCWRC generally recommends a woody buffer of 100 feet on perennial streams to
maximize the benefits of buffers, including bank stability, stream shading, treatment of overland
runoff, and wildlife habitat.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
24 February 2022
Running Dog Mitigation Site
Union County
2. We recommend a plant list that consists of species typically found in reference streams and the
appropriate natural vegetation community, as described by M.P. Schafale in The Guide To The
Natural Communities of North Carolina, Fourth Approximation
(https://www.ncnhp.org/references/nhp-publications/fourth-approximation-descriptions). Also,
ensure the species planted occur naturally within Union County.
3. Avoid using orchard grass, fescue, or cereal rye, which exhibits allelopathic characteristics, or
any other non-native species for soil stabilization. Alternatively, use a grain, such as oats, wheat,
or rye for temporary cover and native seed mixes for permeant seeding. We recommend planting
native, wildflower seed mixes that will create pollinator habitat within the project boundary.
The use of biodegradable and wildlife -friendly sediment and erosion control devices is strongly
recommended. Silt fencing, fiber rolls and/or other products should have loose -weave netting
that is made of natural fiber materials with movable joints between the vertical and horizontal
twines. Silt fencing that has been reinforced with plastic or metal mesh should be avoided as it
impedes the movement of terrestrial wildlife species. Excessive silt and sediment loads can have
detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of
eggs, and clogging of gills.
Thank you for the opportunity to provide comments. If I can be of additional assistance, please call (336)
269-0074 or email olivia.munzerkncwildlife.org.
Sincerely,
Olivia Munzer
Western Piedmont Habitat Conservation Coordinator
Habitat Conservation Program

Running Dog Mitigation Site
Categorical Exclusion
FIGURES

50'
H
Project Parcels
Proposed Conservation Easement
Intermittent Project Stream
Ephemeral Project Channel
Non -Project Stream
Figure 1 Site Overview Map
Q�kv,WILDLANDS 0 200 400 Feet Running Dog Mitigation Site
E N G I N E E R I N G IIi�l t Yadkin River Basin (03040105)
Union County, NC

Midland USGS 7.5 Minute Topographic Quadrangle
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i t �
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55-0
wWILDLANDS
ENGINEERING
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Proposed Conservation Easement
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Figure 2 USGS Topographic Map
0 200 400 Feet Running Dog Mitigation Site
I I I I I t Yadkin River Basin (03040105)
Union County, NC