20221493 Ver 1_2023-03-28 EMH Farm_BPDP Comment Response w.BPDP_MBI (DWR No. 2022-1493v1)_20230328

ID#* 20221493 Version* 1
Select Reviewer:
Blake Hartshorn
Initial Review Completed Date 03/29/2023
Mitigation Project Submittal - 3/28/2023
Is this a Prospectus, Technical Proposal or a New Site?* Yes No
Type of Mitigation Project:*
Stream Wetlands Buffer Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name: * Email Address:
Kevin Yates [e-mail]
Project Information
ID#: * 20221493 Version:* 1
Existing ID# Existing Version
Project Type: DMS Mitigation Bank
Project Name: EMH Farm Buffer Mitigation Bank
County: Randolph
Document Information
Mitigation Document Type:*
Mitigation Plans
File Upload: 2023-03-28 EMH Farm BPDP Comment Response
26.73MB
w.BPDP_MBI (DWR No. 2022-1493v1).pdf
Please upload only one PDF of the complete file that needs to be submitted...
Signature
.................................................. ......... ......... ...... ................................ .............................................
Print Name:* Kevin Yates
Signature:

CLEARWATER MITIGATION
S O L U T z O N S
March 28, 2023
Ms. Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
512 N. Salisbury Street, Raleigh, NC 27620
Raleigh, NC 27603
Re: EMH Farm— BPDP — Response to Comments
DWR Project No. 2022-1493 v1
Dear Ms. Merritt,
Please find below the response to comments on the EMH Farm BPDP provided by March 15, 2023:
1. change ID# to 2022-1493v1
Re: Changed.
2. General Note: February 2023 is the proposed planting date. Please choose a more realistic
planting date.
Re: The site is now proposed to planted in April 2023.
3. in general, please make sure to use "Riparian Buffer Credits" or RBC when referring to
credits from this bank. sometimes it says "credits" "Mitigation credits" or "buffer credits".
please remain consistent and use terminology from MBI template.
Re: All references have been updated to "RBC" or "Riparian Buffer Credits".
4. General Note: Change 'Bank" to be Parcel, Bank Parcel, or Site, as used in the MBI. Correct
throughout the Plan accordingly.
Re: "Bank Parcel' was used in the MBI, and the document has been updated accordingly.
Additionally, "EMH Farms" has been changed to "EMH Farm" throughout to match the
MBI.
5. add LLC to the name
Re: Added.
6. once you declare the acronym for MBI, only refer back to "MBI" throughout. it says
"Banking Instrument", "Instrument", etc ... please remain consistent and use terminology from
MBI template.
Re: All references to the Mitigation Banking Instrument have been updated to "MBl'.
7. proposed
Re: Added.
8. and two ephemeral channels
Re: Added.
9. and ephemeral channels
Re: Added.

CLEARWATER MITIGATION
S D L 1U T 1 O N S
10. add the rule reference that allows riparian restoration for credit on Ephemeral channels. see
viability letter.
Re: A reference to rule 15A NCAC 02B .0295 (o)(7) was added.
11. Number: 1 Author: kymerritt Subject: Cross -Out Date: 3/15/2023 4:53:31 PM
Re: Updated to "Bank Parcel'
12. and ephemeral channels
Re: Added.
13. Number: 3 Author: kymerritt Subject: Inserted Text Date: 3/15/2023 4:53:19 PM
Re: Removed.
14. Mitigation
Re: Added.
15. there are no Ditches...
Re: "Ditches" was removed.
16. ephemeral channels
Re: Added.
17. Photos provided are from APril 2022. Describe these landuses as of today... explaining what
has changed, if anything, to the landuse (are cattle still there, etc)
Re: The following sentence was added: "Bank Parcel conditions in March 2023 remain as
they were at the time the photos were taken with no changes in existing vegetation or land -
use (i.e. active cattle pasture)."
18. Fescue is the dominant herbaceous on this site and is known to be an issue for stem health on
many sites. It is highly recommended that the Sponsor propose a plan for managing the
fescue on this site.
Re: The paragraph was revised to discuss the planned site -wide fescue treatment.
19. , and these areas will also be surveyed and included in the As -Built Report.
Re: Added.
20. explain why it is believed that herbicide may be necessary - what is the Sponsor expecting to
be an issue?
Re: This paragraph was revised to specifically discuss the treatment of fescue and the discing
of pasture areas proposed for planting.
21. Add information about the culverts on UT2 and UT3, and what is going to happen with the
culvert in UT1 noted in the viabilty letter as being needed to be removed? Add those details
here. If removing culverts, please provide how, if necessary, the stream banks will be
stabilized after the culvert removal to prevent sediment or erosive banks.
Clearwater Mitigation Solutions
604 Macon Place
Raleigh, NC 27609
919-624-6901
[e-mail]

CLEARWATER MITIGATION
S D L 1U T 1 O N S
Re: A paragraph describing additional restoration activities and their accompanying
stabilization measures was added at the end of Section 3.1.
22. since Table 5 only shows trees, there is no performance standard for shrubs
Number: 6 Author: kymerritt Subject: Cross -Out Date: 3/15/2023 5:05:37 PM
Re: The reference to "shrubs" was removed.
23. whta is proposed to exclude cattle from the easement area? if fencing is proposed, show that
fence boundary on corresponding figures.
Re: A sentence was added indication that the landowner plans to abandon the surrounding
pasture and will maintain existing fencing to permanently exclude cattle from the easement
area.
24. If 11 species of trees are shown in the table, DWR expects 11 species to be planted. If
anticipating to plant less than 11 species, you need to at least indicate the minimum 9 of
species you will plant. you indicated only a minimum of 4 species ... if that is true, DWR
cannot confirm if the "% of Total Planted Tree" column would comply with the performance
standard of "no one tree species will be greater than 50%". Additionally, with the minimum
proposal of 4, the Sponsor is at risk for not meeting the performance standard for stem
diversity if less than 4 species end up in plots or fail to thrive/survive. The standard in rule is
4, but hopefully the Sponsor is intending to plant more based on the comment above.
However, at this time, the column on'% of total planted trees", which is required to include in
this plan, is not accurate unless the Sponsor truly plants 11 species (all adding up to be
100%). Adjust the table accordingly and only show the number of species the Sponsor truly
intends to plant. If not 11 species, then a minimum of X and of those X species show the %
intending to plant.
If any changes are needed to the planting list before planting, the Sponsor will need to submit
a request to DWR for approval of that modified planting list. DWR will accept a FEW
substitutions if the Sponsor wants to include those few potential substitutions in a Table
5b... but you must include the % those subs are intended to be utilized in the case you need
those substitutions.
Re: Trees have been ordered to be planted in April 2023. 11 species were ordered. Species
and densities in the planting plan have been updated based on the confirmed order.
25. add a table showing anticipated seeding mixes.
Re: Tables were added for proposed permanent and temporary seed mixes.
26. show the boundary of this fencing on supporting figures. and reference here if not on Figure 8
Re: The fencing boundary was added to Figure 6, and a reference to this figure was added.
27. and adjacent riparian areas
Re: Added.
28. Riparian
Re: Added.
Clearwater Mitigation Solutions
604 Macon Place
Raleigh, NC 27609
919-624-6901
[e-mail]

CLEARWATER MITIGATION
S D L 1U T 1 O N S
29. remove this table and refer back to the MBI for this.
Re: The table was removed and a sentence was added referring to the MBI.
30. the Sponsor should take measures to ensure that plots are diverse (have 4 species represented
as much as possible) and where a species does not represent more than 50% of the plot. All
plots need to be representative of the planted diversity and density surrounding the plot and
will be evaluated by DWR during the onsite ASBWIt Walkthru to ensure these criteria are
met.
All DWR comments provided on planting plan & monitoring are being provided under the
following Rule reference 15A NCAC 02B .0295 (n)(24).
Re: Understood. Tree species will be mixed well during planting to ensure maximum
vegetative diversity.
31. add that the plots will be placed in accordance to how they are depicted in Figure 9. DWR
approves the Plot placement at the BPDP review stage to make sure the randomization
adequately represents the buffer credit areas and widths.
Re: A statement was added indicating that the plots will placed in accordance with the
locations depicted on Figure 9.
32. it says there are only plots in the riparian restoration areas, but there are also plots in the
Enhancement areas. Please edit
Re: The paragraph has been edited to include riparian enhancement areas.
33. and enhancement
Re: Added.
34. revise the 30 day note to be more similar to the MBI language below
Within 30 calendar days after completing the establishment of the buffer mitigation areas, the
Sponsor will submit written notification to DWR documenting that all nutrient offset
activities have been completed. Failure to submit written notification within 30 days may
result in a modified credit release schedule or a delay in the issuance of credit releases.
Notification shall include all the items as specified in the UBI.
Re: This language was added and edited to suit this Bank Parcel.
35. add vigor as a parameter to the vegetation data to be collected.
Re: Vigor was added as a collected parameter.
36. add language from the MBI template that speaks to this requirement of assigning the CE to a
long term steward prior to the Year 4 monitoring...
Re: The language regarding long-term stewardship from the MBI was added.
37. Number: 2 Author: kymerritt Subject: Cross -Out Date: 3/15/2023 5:10:37 PM
Re: Removed.
Clearwater Mitigation Solutions
604 Macon Place
Raleigh, NC 27609
919-624-6901
[e-mail]

CLEARWATER MITIGATION
S D L 1U T 1 O N S
38. need to add that the contact information for the site will be on the placards
Re: A sentence was added indicating that boundary markers will contain Bank Parcel contact
information.
39. add that the easement will be clearly marked prior to the site walk by DWR required for the
Task 2 credit release
Re: Added.
40. speak to the 25% caps of the Ephemeral and Preservation credits and how that affected credit
assets in the table.
Re: A paragraph was added indicating that ephemeral and preservation credits account for
9.7% and 9.8% of the total area of buffer mitigation, respectively.
41. perpendicular and
Re: Added.
42. move Table 7 to this section 6.0.
Re: Table 7 was moved from Appendix A to Section 6.0.
43. only 1 credit ledger is necessary for this bank. edit accordingly.
Re: This was revised.
FIGURES —Response to Comments
44. "Credit"
Re: Added.
45. change to Riparian Buffer "Credit" Service Area
Re: Changed.
46. change title to "Riparian Buffer Credit Determination"
Re: Changed.
47. show the Ephemeral & Intermittent Origins on this map.
Re: Ephemeral and Intermittent origins have been depicted by different colors.
48. For this particular site, it is not necessary to depict "Subject vs Non Subject or "Rural" in this
map since it's already broken out in the Table 7, or the duplicative widths since the widths are
already depicted at the bottom of legend. Need to depict "Non Subject" reaches as Ephemeral
Channel. Clean up map accordingly.
Re: The legend and map symbology were simplified to depict only "Riparian Restoration",
Riparian Enhancement", and "Riparian Preservation", with no color differentiation between
buffer zones (distances) or subject vs. non -subject.
49. change "Buffer" to "Riparian" on all descriptions. Example: Riparian Restoration instead of
"Buffer Restoration"
Re: Changed.
Clearwater Mitigation Solutions
604 Macon Place
Raleigh, NC 27609
919-624-6901
[e-mail]

CLEARWATER MITIGATION
s D L 1U T 1 O N S
50. see comments on Figure 8 and apply to Figure 9
Re: The same changes that were made to Figure 8 were applied to Figure 9.
51. this table should show additional cells here for max totals including the 25% credit cap for
Ephemerals. This is not the updated credit table. Replace with the most up-to-date credit table
on the website.
Re: The table was replaced with the most up-to-date credit table.
52. move table to be in Section 6
Re: The table was moved to Section 6.0.
Please do not hesitate to contact me with questions at 919-624-6901.
Sincerely,
Kevin Yates
Clearwater Mitigation Solutions
604 Macon Place
Raleigh, NC 27609
919-624-6901
[e-mail]

BANK PARCEL DEVELOPMENT PACKAGE
EMH Farm Mitigation Bank Parcel
Guilford County, NC
Randleman Watershed — Cape Fear River Basin
NCDWR Project No. 2022-1493v1
Sponsored by:
Clearwater Mitigation Solutions
CLEARWATER MITIGATION
S O L U T I 0 1'
POC: Kevin Yates
Ph: 919-624-6901
604 Macon Place
Raleigh, North Carolina
a '- a
March 2023
Prepared by:
Axiom Environmental, Inc.
POC: Grant Lewis
218 Snow Avenue
Raleigh, North Carolina 27603
This mitigation plan was written in conformance with the following:
North Carolina consolidated buffer mitigation rule 15A NCAC 02B .0295, effective November 1, 2015 and the
Randleman Lake Buffer Protection Rule (15A NCAC 02B .0724)

TABLE OF CONTENTS
1.0 INTRODUCTION............................................................................................................... 4
1.1 BANK PARCEL LOCATION............................................................................................................. 4
1.2 BANK PARCEL OVERVIEW............................................................................................................ 5
1.3 PROJECT GOALS........................................................................................................................ 5
2.0 PROJECTAREA— EXISTING CONDITIONS..........................................................................6
2.1 PHYSIOGRAPHY......................................................................................................................... 6
2.2 BANK PARCEL FEATURES............................................................................................................. 6
2.3 SOILS....................................................................................................................................... 7
2.4 VEGETATION.............................................................................................................................7
2.5 THREATENED AND ENDANGERED SPECIES....................................................................................... 8
2.6 CULTURAL RESOURCES................................................................................................................ 9
2.7 NORTH CAROLINA NATURAL HERITAGE ELEMENTS........................................................................... 9
2.8 FEMA.................................................................................................................................... 9
2.9 UTILITIES..................................................................................................................................9
2.10 OTHER ENVIRONMENTAL CONDITIONS......................................................................................... 9
3.0 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION PLAN .......................... 10
3.1 RIPARIAN AREA RESTORATION ACTIVITIES..................................................................................... 10
3.2 RIPARIAN BUFFER ENHANCEMENT.............................................................................................. 12
3.3 RIPARIAN BUFFER PRESERVATION ACTIVITIES................................................................................ 12
3.4 CREDIT RELEASE SCHEDULE........................................................................................................ 12
4.0 MONITORING AND MAINTENANCE PLAN...................................................................... 12
4.1 MONITORING PROTOCOL.......................................................................................................... 12
4.2 BANK PARCEL MAINTENANCE.................................................................................................... 13
4.3 LONG-TERM MANAGEMENT PLAN.............................................................................................. 13
4.4 EASEMENT BOUNDARIES AND FENCING........................................................................................ 13
5.0 FINANCIAL ASSURANCE................................................................................................. 14
6.0 MITIGATION POTENTIAL............................................................................................... 14
7.0 REFERENCES..................................................................................................................16
Bank Parcel Development Package Table of Contents page i
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

TABLES
Table 1. Ecological and Water Quality Goals................................................................................. 5
Table2. Project Features............................................................................................................... 7
Table 3. Web Soil Survey Soils Mapped within the Site................................................................ 7
Table 4. Threatened and Endangered Species............................................................................... 8
Table 5. Proposed Bare -Root Planting Plan................................................................................. 10
Table6. Proposed Seed Mix......................................................................................................... 11
Table7. Project Credits................................................................................................................ 15
Bank Parcel Development Package
EMH Farm Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Table of Contents page ii
Clearwater Mitigation Solutions
March 2023

APPENDICES
Appendix A. Figures
Figure 1. Site Location and Service Area
Figure 2. USGS Topo Quad
Figure 3. NRCS Soil Survey
Figure 4. Historic Aerial Imagery
Figure 5. Existing Conditions
Figure 6. Restoration Plan
Figure 7. Planting Plan
Figure 8. Credit Determination
Figure 9. Monitoring Plan
Appendix B. Agency Letters/Correspondence
NCDWR Stream Determination Letter, July 26, 2021
NCDWR Site Viability Letter, September 24, 2021
Appendix C. Data
NCDWR SWIT Forms
Site Photos
Appendix D. Threatened and Endangered Species Data
Summary Letter of Federally Protected Species Survey
North Carolina Natural Heritage Program (NCNHP) Report
USFWS IPaC Resource List
Appendix E. Environmental Data Resources (EDR) Report Executive Summary
Appendix F. Conservation Easement
Bank Parcel Development Package
EMH Farm Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Table of Contents page iii
Clearwater Mitigation Solutions
March 2023

1.0 INTRODUCTION
Clearwater Mitigation Solutions, LLC (Sponsor) is pleased to provide this Bank Parcel
Development Package (BPDP) for the EMH Farm Buffer Mitigation Bank (Bank Parcel). The Bank
Parcel was made under terms and conditions of the proposed EMH Farm Mitigation Banking
Instrument (MBI). The Bank Parcel is designed to provide riparian buffer mitigation credits (RBC)
for unavoidable impacts due to development within the Randleman watershed of the Cape Fear
River Basin per the Randleman Nutrient Strategy (15A NCAC 02B .0724). The Bank Parcel shall
be planned and designed according to the approved MBI with NCDWR, and the Consolidated
Mitigation Rule 15A NCAC 02B.0295, which became effective on November 1, 2015.
Stormwater runoff from the Bank Parcel drains directly to unnamed tributaries to the Deep River,
just upstream from the Randleman Reservoir. According to the Final Cape Fear River Basin
Restoration Priorities (NCEEP 2009), this watershed should be targeted for restoration to protect
the critical area that ultimately drains into the WS-IV water supply at Randleman Reservoir. The
proposed mitigation activities will reduce sediment and nutrient levels and improve water quality
within the Bank Parcel and their downstream watersheds. The Bank Parcel includes the
restoration, enhancement, and preservation of riparian areas along three unnamed tributaries
and two ephemeral channels in Guilford County, NC. The sole purpose of the Bank Parcel is to
provide RBC to mitigate for buffer impacts within the Randleman Lake Watershed, Hydrologic
Unit Code (HUC) 03030003 and the NCDWR Sub -basin 03-06-08 of the Cape Fear River Basin.
All riparian areas were assessed by NCDWR during an onsite visit to determine viability for buffer
mitigation (NCDWR Site Viability Letter, Appendix B). Approximately 26.69 acres will be
protected with a permanent conservation easement. Of those 26.69 acres, 21.39 acres will be
restored, 1.16 acres will be enhanced by supplementally planting partially forested riparian areas,
and 2.90 acres will be preserved. Riparian restoration/enhancement area widths on streams and
ephemeral channels will extend out to a maximum of 200 feet from the top of bank with a
minimum width of 20 from top of banks. Riparian buffer enhancement and preservation credits
generated on this Bank Parcel are allowed pursuant to 15A NCAC 02B .0295 (n), 15A NCAC 02B
.0295 (o)(5), and 15A NCAC 02B .0295 (o)(7). No nutrient offset credit will be generated on the
Bank Parcel. Figure 8 shows the Credit Determination Map and Section 3.0 provides details of
the mitigation determination on the Bank Parcel.
1.1 Bank Parcel Location
Located in the South Atlantic/Gulf Region approximately 4 miles east of Archdale, NC in
southwest Guilford County (Figure 1, Appendix A), the Bank Parcel is hydrologically situated
within the USGS 14-digit HUC 03030003010050 of the Cape Fear River Basin and Randleman Lake
Watershed (North Carolina Division of Water Quality Subbasin Number 03-06-08).
Directions to the Site from Raleigh, North Carolina.
➢ Head west on 1-40 for 69 miles
➢ Just after Exit 220, stay left, following signs for 1-85 Bus S
Bank Parcel Development Package page 4
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

➢ Continue onto 1-85BL S/US-29 S/US-70 W, and travel 2.8 miles
➢ Take Exit 33 toward 1-73 N/Groometown Road
➢ Keep left at the fork, following signs for Groometown Road
➢ Turn left onto Groometown Road
➢ The Site on the right after 5.7 miles
o Site Latitude, Longitude
35.91949N, 79.89419W (WGS84)
1.2 Bank Parcel Overview
The Bank Parcel encompasses 26.69 acres of land containing unnamed tributaries to Deep River.
It is located in a region of the state dominated by agriculture and livestock but is also affected by
urban runoff from nearby Archdale and High Point. Restoration of the riparian buffer is expected
to result in immediate water quality benefits within the vicinity of the Bank Parcel through the
removal of livestock access to streams and ephemeral channels, as well as the establishment of
riparian vegetation.
UTs 1, 2, and 3 are present onsite and were deemed subject to the Randleman Lake Buffer
Protection Rule (15A NCAC 02B .0724) by NCDWR in correspondence dated September 24, 2021
(NCDWR Site Viability Letter, Appendix B). The upper portion of UT2 (Feature E-1) and Feature
E-2 are ephemeral streams and were determined to be not subject. The drainage areas of site
streams range from 0.007 mil to 0.24 mil. Additional present and historical land use practices
including the maintenance and removal of riparian vegetation and the relocation, dredging and
straightening of onsite streams resulted in degraded water quality and unstable channel
characteristics (stream entrenchment, erosion, bank collapse, and stream aggradation).
1.3 Project Goals
The major goals of the proposed riparian buffer mitigation project are to provide ecological and
water quality enhancements to the Randleman watershed by restoring the riparian area to create
a functional riparian corridor. Specific enhancements to water quality and ecological processes
are outlined in Table 1.
Table 1. Ecoloeical and Water Qualitv Goals
Goal
Objective
Nutrient input will be decreased by filtering runoff from the agricultural
Decrease nutrient levels
fields through restored native buffer zones. The off -site nutrient input will
also be absorbed on -site by filtering flood flows through restored floodplain
areas, where flood flows can disperse through native vegetation.
Decrease Sediment Input
Sediment from off -site sources will be captured by deposition on restored
floodplain areas where native vegetation will slow overland flow velocities.
Decrease water temperature and
Planted riparian trees will shade the streams as they mature reducing
increase dissolved oxygen concentration
thermal pollution.
Create appropriate riparian habitat
Riparian areas adjacent to streams and ephemeral channels will be restored
by planting native vegetation.
Permanently protect the parcel from
A conservation easement will be recorded on the Bank Parcel.
harmful uses
Bank Parcel Development Package page 5
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

2.0 PROJECT AREA — EXISTING CONDITIONS
2.1 Physiography
Situated within the Southern Outer Piedmont portion of the Piedmont Ecoregion of North
Carolina, the Bank Parcel's regional physiography is characterized by dissected irregular plains;
low rounded hills and ridges; and low to moderate gradient streams with mostly cobble, gravel,
and sandy substrates. On -site elevations range from a high of 802-feet NGVD above the upper
reaches of UT 2 to a low of approximately 750-feet NGVD at the Bank Parcel outfall (USGS High
Point East, North Carolina 7.5-minute topographic quadrangle). Surrounding land use consists
primarily of wooded and agricultural land, with some low -density residential housing (Figure 5,
Appendix A).
Historically, livestock have had indiscriminate access to most of the Parcel streams, resulting in
degradation of stream banks. Riparian vegetation adjacent to tributaries is mainly herbaceous
and disturbed due to livestock grazing and other maintenance activities. Mature forest exists at
the upper reach of UT 1, and a small area of disturbed mature forest is located at the downstream
extent of UT 1 (Figure 5, Appendix A). These conditions were confirmed by Katie Merritt
(NCDWR) during the September 21, 2021 site visit and in the accompanying viability letter
(Appendix B).
2.2 Bank Parcel Features
The Bank Parcel includes three unnamed tributaries (UT 1-3) and two ephemeral reaches (E 1-2)
(Figure 6, Appendix A) which flow to Randleman Reservoir. There is also an existing ditch (E 3)
which is proposed to be plugged and filled as part of Bank Parcel restoration activities. The
Randleman Reservoir is a regional water supply and stream buffer protection rules are in place
throughout the watershed. Photos showing current site conditions (taken April 2022) of the Bank
Parcel are provided in Exhibit C. Bank Parcel conditions in March 2023 remain as they were at the
time the photos were taken with no changes in existing vegetation or land -use (i.e. active cattle
pasture).
The classification and subjectivity calls for the Bank Parcel were approved by NCDWR in an onsite
visit with Sue Homewood on July 1, 2021. A letter dated July 26, 2021 sent by NCDWR indicated
UTs 1, 2, and 3 are subject to the Randleman Lake Buffer Protection Rule (15A NCAC 02B .0724).
The upper portion of UT2 (feature E-1) and Feature E-2 are ephemeral streams and were
determined to be not subject (NCDWR Stream Determination Letter, Appendix B). An additional
Site visit to determine viability for buffer mitigation was held with Katie Merritt on September
16, 2021. All features were determined to be viable for RBC generation per rule 15A NCAC 02B
.0295 (NCDWR Site Viability Letter, Appendix A).
Bank Parcel Development Package page 6
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

Table 2. Proiect Features
NCDWR Feature ID
In Field Classification
Subject to Buffer Rules
Riparian Buffer Credit Viable
UT 1
Intermittent/Perennial
Yes
Yes
UT 2
Intermittent/Perennial
Yes
Yes
UT 3
Intermittent/Perennial
Yes
Yes
E 1
Ephemeral
No
Yes
E 2
Ephemeral
No
Yes
E 3
Ditch < 3' depth
No
Yes*
* Must meet contingencies per rule 15A NCAC 02B .0295 (8), however, no credit is proposed on this feature.
2.3 Soils
Soils that occur within the Site, according to the Web Soil Survey (USDA 2022) are described in
the following table.
Table 3. Web Soil Survev Soils Maaaed within the Site
Map Unit
Map Unit Name
Hydric Status
Description
Symbol
(Classification)
Non-hydric
This series consists of frequently flooded, somewhat poorly
Chewacla loam
but may
drained soils found on floodplains with 0-2 percent slopes. The
ChA
(Fluvaquentic Dystrudepts)
contain hydric
parent material is loamy alluvium derived from igneous and
inclusions
metamorphic rock. Depth to the water table is 6-24 inches and
depth to restrictive features is more than 80 inches.
This series consists of very deep, well drained, slowly
Non-hydric
permeable soils on ridgetops. The parent material is residuum
EnB, EnD
Enon fine sandy loam
but may
weathered from mafic or intermediate igneous and high-
(Ultic Hapludalfs)
contain hydric
grade metamorphic rocks such as diorite, gabbro, diabase, or
inclusions
hornblende gneiss or schist. Depth to bedrock is more than
60 inches. Slopes are 2-15 percent.
This series consists of very deep, moderately well -drained,
Helena-Sedgefield complex
Non-hydric
slowly permeable soils found on Piedmont ridges and hill
HhB
(Aquic Hapludults-Aquultic
but may
slopes. The parent material is residuum weathered from a
Hapludalfs)
contain hydric
mixture of felsic, intermediate, or mafic igneous or high-grade
inclusions
metamorphic rock. Depth to the seasonal high-water table is
1.5 to 2.5 feet.
This series consists of very deep, well drained, slowly
MhB2
Mecklenburg sandy clay loam
Non hydric
permeable soils. The parent material is intermediate and
(Ultic Hapludalfs)
mafic crystalline rocks of the Piedmont uplands. Depth to
bedrock is more than 60 inches. Slopes are 2-25 percent.
2.4 Vegetation
The Bank Parcel is characterized primarily by actively grazed pasture with scattered disturbed
forest. Agricultural land is maintained for livestock grazing and has been planted with fescue
(Festuca sp.). Natural recruits of dog fennel (Eupatorium capillifolium), clover (Trifolium spp.),
blackberry (Rubus spp.), as well as other opportunistic herbaceous species grow sporadically
throughout the Bank Parcel. The area surrounding the downstream reach of UT 1 is disturbed
wetland, which is characterized by rushes (Juncus spp.), knotweed (polygonum spp), and sedges
(Carex spp.). Disturbed forest is largely cleared of understory species due to livestock pruning
Bank Parcel Development Package page 7
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

and is composed of sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), eastern red
cedar (Juniperus virginiana), various oaks (Quercus spp.), sycamore (Platanus occidentalis), and
hornbeam (Carpinus caroliniana).
2.5 Threatened and Endangered Species
Based on a search of the USFWS Information for Planning and Consultation (IPaC) database on
September 7, 2022, two federally protected species are listed for the project area. Table 4 lists
the federally protected species and indicates if potential habitat exists within the Bank Parcel for
each; preliminary biological conclusions and summaries follow. Additionally, the bald eagle
(Haliaeetus leucocephalus) is protected by the Bald and Golden Eagle Protection Act; however,
habitat for the bald eagle is not present within the Bank Parcel. The IPaC resource list, NCNHP
report, and summary letter of the federally protected species survey are included in Appendix D.
Table 4. Threatened and Endangered Species
Species
Federal Status
Habitat at Site
Biological
SummarySummary
Small Whorled Pogonia
Habitat exists in or near the project
(Isotria medeoloides)
Threatened
Yes
No Effect
boundaries but will not be affected
by restoration activities.
sunflower
Habitat exists in or near the project
(HelituSchweinitz's
(Helianthus schweinitzii)
Endangered
Yes
No Effect
boundaries, but a survey concluded
that no specimens are present.
Small Whorled Pogonia (Isotria medeoloides)
Small whorled pogonia is found in open, dry deciduous or mixed pine -deciduous forest, or along
stream banks. Examples of areas providing suitable conditions (open canopy and shrub layer
with a sparse herb layer) where small whorled pogonia has been found include old fields,
pastures, windthrow areas, cutover forests, old orchards, and semi -permanent canopy breaks
along roads, streams, lakes, and cliffs. In the Mountains and Piedmont of North Carolina, this
species is usually found in association with white pine (Pinus strobus). Marginally suitable habitat
is present in disturbed mixed hardwood areas within the project boundaries, but these areas will
not be adversely affected by restoration activities; therefore, this project will have No Effect on
small whorled pogonia.
Schweinitz's sunflower (Helianthus schweinitzii)
Schweinitz's sunflower is endemic to the Piedmont of North and South Carolina. The few sites
where this rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric
Hardpan Forests. The species is also found along roadside rights -of -way, maintained power lines
and other utility rights -of -way, edges of thickets and old pastures, clearings and edges of upland
oak -pine -hickory woods and Piedmont longleaf pine forests, and other sunny or semi -sunny
habitats where disturbances (e.g., mowing, clearing, grazing, storms, frequent fire) help create
open or partially open areas for sunlight penetration to the ground. Suitable habitat is present
within the project boundary, so a survey was conducted on September 15, 2022. The survey
Bank Parcel Development Package page 8
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

determined that no individuals are present, and therefore this project will have No Effect on
Schweinitz's sunflower.
2.6 Cultural Resources
The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or
artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or
potentially eligible for inclusion in the National Register of Historic Places. Evaluations of site
significance are made with reference to the eligibility criteria of the National Register (36 CFR 60)
and in consultation with the North Carolina State Historic Preservation Office (SHPO).
Field visits were conducted at the Bank Parcel in the spring and summer of 2022 to ascertain the
presence of structures or other features that may be eligible for inclusion on the National Register
of Historic Places. No structures were identified within proposed easement boundaries;
however, coordination with SHPO will occur prior to construction activities to determine if any
significant cultural resources are present.
2.7 North Carolina Natural Heritage Elements
A search of the North Carolina Natural Heritage Program (NHP) database was conducted to
identify areas within or around the Bank Parcel that are already known to support rare species.
According to NHP files, no federally or state -protected species are known to occur within or
within a one -mile radius of the Bank Parcel. Additionally, the Randleman Lake managed area
(Piedmont Triad Regional Water Authority) is located within one mile of the Bank Parcel
(Appendix D).
2.8 FEMA
Inspection of the FEMA Flood Insurance Rate Maps 3710773900J, Panels 7739 and 7738,
effective June 18, 2007, indicates that the project is not located within a flood area. Therefore,
a "Conditional Letter of Map Revision" (CLOMR) is not necessary for this Site.
2.9 Utilities
No utilities are located within easement boundaries. A Duke Energy powerline right-of-way runs
along the roadside adjacent to the eastern edge of the easement boundary, and a transmission
line runs just north of the Bank Parcel (Figure 5, Appendix A). Bank Parcel restoration activities
will not affect the adjacent utility easements.
2.10 Other Environmental Conditions
An Environmental Data Resources, Inc (EDR) Radius Map Report with Geocheck was ordered for
the Parcel on September 7, 2022. Neither the target property nor the adjacent properties were
listed in any of the Federal, State, or Tribal environmental data bases searched by EDR. The
executive summary of the EDR report is included in the Appendix E.
Bank Parcel Development Package page 9
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

3.0 RIPARIAN RESTORATION, ENHANCEMENT, AND PRESERVATION PLAN
The riparian area will be restored through the revegetation of native plant communities. Detailed
analysis of plant communities and the planting plan follow. The riparian restoration areas will be
surveyed and information provided in the As -Built report. Areas where existing mature
vegetation exists are eligible for riparian buffer enhancement and preservation credit, depending
on existing stem density (Figure 8, Appendix A), and these areas will also be surveyed and
included in the As -Built Report.
3.1 Riparian Area Restoration Activities
Riparian area restoration will involve an herbaceous treatment of existing fescue grasses, shallow
ripping of pasture areas, which will occur parallel to streams and ephemeral channels promoting
floodwater attenuation by increasing frictional resistance of floodwaters crossing Parcel
floodplains, and planting appropriate native tree species along the riparian corridor throughout
Bank Parcel riparian restoration areas (21.96 acres). Continued herbicide applications may be
needed over the first two years of tree establishment in the riparian restoration areas to prevent
encroachment of undesirable species, such as fescue, that may out -compete the planted native
vegetation. Tree species planted across the Bank Parcel are anticipated to include a mixture of
the species listed in Table 5. Species availability may result in the substitution of regionally
appropriate native species. Eleven species of trees will be planted. Final species composition
and density will be detailed in the As -built Report.
Riparian Buffer Restoration will occur on the site as follows (Figure 8, Appendix A). Note that all
areas of restoration from TOB to 29 feet will extend a minimum of 20 feet from TOB, and all areas
of restoration from TOB to 200 feet will extend a minimum of 30 feet from the TOB.
• UT-1: TOB-29 feet, TOB-200 feet
• UT-2: TOB-200 feet
• UT-3: TOB-200 feet
• E-1: TOB-200 feet
• E-2: TOB-200 feet
Table 5. Proposed Bare -Root Planting Plan
Common Name
Scientific Name
% of Total Planted Trees
Canopy Type
River birch
Betula nigra
17.5
Canopy
Tulip Poplar
Liriodendron tulipifera
10
Canopy
Red mulberry
Morus rubra
5
Midstory
Black willow
Salix nigra
5
Midstory
Sycamore
Platanus occidentalis
17.5
Canopy
Mockernut hickory
Carya tomentosa
5
Canopy
Swamp chestnut oak
Quercus michauxii
10
Canopy
Water oak
Quercus nigra
10
Canopy
Willow oak
Quercus phellos
10
Canopy
Shumard oak
Quercus shumardii
5
Canopy
American elm
Ulmus americana
5
Canopy
Bank Parcel Development Package
EMH Farm Buffer Mitigation Bank Parcel
Guilford County, North Carolina
page 10
Clearwater Mitigation Solutions
March 2023

Trees will be planted at a density of approximately 680 stems per acre on 8-foot centers,
sufficient to meet the performance standards outlined in Rule 15A NCAC 02B .0295 of 260
planted trees per acre at the end of five years of monitoring. In addition, bare -root tree stock
will be sufficient mixed during planting to ensure diversity and that no one tree species will be
greater than 50% of the established stems. Planting is scheduled for April 2023.
Several additional restoration activities are proposed on the Bank Parcel. Three total culverts
will be removed: a non-functioning culvert on UT 1, and two functioning culverts on UT 2 and UT
3. The culverts will be removed mechanically with machinery, and impacted stream banks will
be sloped at 3:1 grade, matted, seeded, and live -staked to ensure future stability. An existing
ditch feature along the eastern boundary of the Bank Parcel (Feature E 3) will be plugged and
filled for diffuse flow into UT 3. Graded/disturbed areas will be strawed and seeded to minimize
sediment inputs. Minor bank stabilization is proposed, as needed, along UT3. This will include
mechanically sloping at 3:1 grade, matting, seeding, and live -staking. Appropriate seed mixes of
pollinator -attracting annual and perennial species will be applied to provide temporary and
permanent ground cover for soil stabilization and reduction of sediment loss during rain events
in areas without existing herbaceous cover, especially where earthwork is performed. Proposed
seed mixes are listed in Tables 6A-B. Species availability may result in the substitution of
regionally appropriate native species. The pasture area surrounding the Bank Parcel will be
abandoned by the landowner after the restoration activities are complete, and existing fencing
will be maintained to permanently exclude cattle from the conservation easement area.
Additionally, a small section of fencing within the easement boundary will be removed. See
Figure 6 (Appendix A) for details regarding additional restoration activities and fencing.
Table 6A. Proposed Permanent Seed Mix
Species
Percent of Total Mix
Purpletop (Tridens flovus)
15%
Little Bluestem (Schizachyrium scoparium)
15%
VA Wild Rye (Elymus virginicus)
10%
Bur Marigold (Bidens cernua)
10%
Lance -leaved Tickseed (Coreopsis lanceolate)
10%
Blackeye Susan (Rudbeckia hirta)
10%
Butterfly milkweed (Asclepias tuberosa)
5%
Purple conef lower (Echinacea purpurea)
5%
PA Smartweed (Polygonum pensylvanicum)
5%
Oxeye sunflower (Heliopsis helianthoides)
5%
Big Bluestem (Andropogon gerardii)
5%
Sensitive Pea (Chomaecristo nictitans)
5%
TOTAL
100%
Table 61B. Proposed Temporary Seed Mix
Species
Application Rate
Grain Rye (Secale cereale)
100 lbs. per acre
Brown Top Millet (Urochloo ramosa)
40 lbs. per acre
German Millet (Setaria italica)
25 lbs. per acre
Bank Parcel Development Package
EMH Farm Buffer Mitigation Bank Parcel
Guilford County, North Carolina
page 11
Clearwater Mitigation Solutions
March 2023

3.2 Riparian Buffer Enhancement
Riparian buffer enhancement will include supplementally planting and permanently protecting
existing riparian buffer and adjacent riparian areas from livestock via exclusionary fencing,
cutting, clearing, filling, grading, and any similar activities that would affect the functionality of
the riparian buffer (Figures 6, 7, and 8, Appendix A). These areas are primarily described as
disturbed mixed hardwoods. Riparian buffer credits sought in the enhancement area are allowed
pursuant to 15A NCAC 02B .0295 (n). The enhancement area will extend a maximum of 200 feet
from the top of bank with a minimum width of 20 from top of banks.
3.3 Riparian Buffer Preservation Activities
Riparian buffer preservation will include permanently protecting existing riparian buffer from
cutting, clearing, filling, grading, and any similar activities that would affect the functionality of
the riparian buffer. Areas specified for Preservation, as defined in 15A NCAC 02B .0295, are
shown in Figure 8 (Appendix A). These areas are primarily described as mixed hardwoods, with
the number of high value species above 200 per acre. They are areas where livestock are
currently fenced out, and there has been little or no historic livestock access.
3.4 Credit Release Schedule
Credit shall be released in accordance with the schedule described in the MBI.
4.0 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol
Permanent vegetation monitoring plots will be installed and evaluated within the riparian buffer
restoration and enhancement areas to measure the survival of the planted trees. The plots will
be 100 square meters each and will be randomly placed throughout the planted riparian areas.
A total of nineteen (19) plots (2.08% of the restoration/enhancement credit generating area) will
be established within the riparian restoration and enhancement areas, and their locations will be
in accordance with the locations depicted on Figure 9 (Appendix A).
Vegetation assessments will be conducted and follow the Carolina Vegetation Survey (CVS) Level
2 Protocol for Recording Vegetation (Lee et. all, 2008). A reference photo will be taken from the
origin point of each plot and provided in the annual reports. All planted stems will be marked
with flagging tape and recorded.
Planting is scheduled for April 2023. Within 30 calendar days after completing the establishment
of the buffer mitigation areas, the Sponsor will submit written notification to DWR documenting
that all riparian buffer restoration and enhancement activities have been completed. Failure to
submit written notification within 30 days may result in a modified credit release schedule or a
delay in the issuance of credit releases. Notification shall include all the items as specified in the
MBI. The first annual monitoring activities will commence at the end of the first growing season,
at least five months after planting has been completed and no earlier than the fall season.
Bank Parcel Development Package page 12
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

Species composition, height, survival rates, and vigor will be evaluated on an annual basis by plot.
The total number of volunteer woody stems will also be documented and reported. The measure
of vegetative success for the Parcel will be the survival of at least four native hardwood tree
species, where no one species is greater than 50% of the established planted stems, and an
established density of at least 260 planted trees per acre at the end of monitoring year five.
Appropriate and desirable native volunteer species may be included in the Bank Parcel's density
to meet the performance standards with NCDWR approval.
The Sponsor shall submit the annual monitoring report to NCDWR by December 31 of each year
for five consecutive years and will follow the terms and conditions of the MBI.
4.2 Bank Parcel Maintenance
In the event that the Bank Parcel or a specific component of the Bank Parcel fails to achieve
success criteria as outlined in section 4.1A remedial action plan will be developed and
implemented with the approval of NCDWR. Other vegetation maintenance and repair activities
may include pruning, mulching, and fertilizing. If exotic invasive plant species require treatment,
such species will be controlled by mechanical (physical removal with the use of a chainsaw)
and/or chemical methods (aquatic approved herbicide) in accordance with North Carolina
Department of Agriculture (NCDA) rules and regulations.
The easement boundary will be checked annually as part of monitoring activities. Easement
boundary conditions and any maintenance performed will be reported in the annual monitoring
reports to NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period,
the Sponsor must receive approval from NCDWR prior to conducting any mowing activities within
Randleman Buffer Zones 1 and 2 to ensure that no buffer violations have occurred.
4.3 Long -Term Management Plan
A Permanent Conservation Easement will preserve all areas and prohibit all use of the property
inconsistent with its use as mitigation property including any activity that would materially alter
the biological integrity of the Bank Parcel. The Sponsor agrees to transfer or assign the
conservation easement and its interests in perpetuity to a qualified holder under NC General
Statute ("GS") 121-34 et seq. and 170(h) of the Internal Revenue Code prior to the submittal of
the Year 4 Monitoring Report. The holder shall be a land trust or stewardship program that will
hold and enforce the conservation easement and the interests in perpetuity. The Sponsor shall
choose a land trust or stewardship program that is accredited by the Land Trust Accreditation
Commission and/or has been approved by DWR prior to the end of the fourth year of monitoring
period. A land trust must be certified under 501(c)(3) of the Internal Revenue Code.
4.4 Easement Boundaries and Fencing
Easement boundaries will be identified in the field to ensure clear distinction between the Parcel
and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post,
tree -blazing, or other means as allowed by site conditions and/or conservation easement.
Boundary markers will contain contact information for the Bank Parcel, and the easement will be
Bank Parcel Development Package page 13
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

clearly marked prior to the Task 2 credit release DWR site -visit. Boundary markers disturbed,
damaged, or destroyed will be repaired and/or replaced on an as needed basis.
5.0 FINANCIAL ASSURANCE
Following approval of the EMH Farm Bank Parcel Development Package, the Sponsor shall
provide a Performance Bond from a surety that is rated no less than an " A-" as rated by A. M.
Best. The performance bond amount shall be 100% of the estimated cost for implementation of
the project as described in the Bank Parcel Development Package, but not less than $ 150,000.
In lieu of posting the performance bond, the Sponsor may elect to construct the project prior to
the first credit release. In that case, no performance bond will be necessary.
After completion of the restoration/ construction, a separate performance/ maintenance bond
will be secured for 100% of the estimated cost to implement the monitoring and maintenance
plan but not less than $ 100,000. The performance/ maintenance bond shall apply at the
inception of the monitoring period for a term of one year and be extended annually for a
minimum of five years. Upon DWR approval, this may be lowered each year based on the
adjusted cost to complete the monitoring.
Performance bonds for monitoring shall be renewed at least annually to cover the next year's
monitoring period, with confirmation of renewal provided to DWR with each annual monitoring
report when applicable. DWR reserves the right to alter the credit release schedule if monitoring
reports are submitted without proof of bond renewals when applicable.
6.0 MITIGATION POTENTIAL
The EMH Farm Mitigation Bank Parcel will provide Randleman Lake RBC for development impacts
within the Randleman Lake Watershed (Figure 8 and Table 7, Appendix A and NCDWR Site
Viability Letter, Appendix B). The width of the credit -generating areas will begin at the most
landward limit of the top of bank or the rooted herbaceous vegetation and extend perpendicular
and landward a maximum distance of 200 feet where the Sponsor is able. No credit -generating
areas will be less than 20 feet in width from TOB.
Consolidated Mitigation Rule 15A NCAC 02B.0295 (o)(7) states that the area of the mitigation site
on ephemeral channels shall comprise no more than 25 percent of the total area of buffer
mitigation. Riparian buffer credit generated on ephemeral channels is 9.7 percent of the Bank
Parcel's total area of buffer mitigation. Additionally, Consolidated Mitigation Rule 15A NCAC
02B.0295 (o)(5) states that the area of preservation credit within a buffer mitigation site shall
comprise of no more than 25 percent of the total area of buffer mitigation. The area of
preservation credit comprises 9.8 percent of the Bank Parcel's total area of buffer mitigation.
The Sponsor will maintain a credit ledger for the Bank Parcel under the MBI for riparian buffer
credits, both in square feet and acres.
Bank Parcel Development Package page 14
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

Table 7. EMH Farm 2022-1493v1, Project Credits
Cape Fear - Randleman
Project Area
N Credit Conversion Ratio (ft2/pound)
P Credit Conversion Ratio (ft2/pound)
N/A
N/A
Credit Type
Location
Subject? (enter
NO if
or
ditch'
Feature Type
Mitigation Activity
Min -Max Buffer
Width (ft)
Feature Name
i
Total Area (ft)
Total (Creditable)
Area of Buffer
i
Mitigation (ft)
Initial Credit
Ratio (x:l)
Y Full Credit
Final Credit
Ratio (x:l)
Convertible to
Riparian
Buffer?
Riparian Buffer
Riparian
Credits
Convertible to
Nutrient Offset?
Delivered
Nut
Offset: N (Ibs)
Delivered
Nutrientephemeral
Offset: P (Ibs)
Buffer
Rural
Yes
I / P
Restoration
0-100
UT1, UT2, UT3
474,646
474,646
1
100%
1.00000
Yes
474,646.000
N/A
—
—
Buffer
Rural
Yes
I / P
Restoration
101-200
UT1, UT2, UT3
350,155
350,155
1
33%
3.03030
Yes
115,551.266
N/A
—
—
Buffer
Rural
Yes
Ephemeral
Restoration
0-100
E1, E2
42,733
42,733
1
100%
1.00000
OW Yes
42,733.000
N/A
—
—
Buffer
Rural
I No
Ephemeral
Restoration
101-200
E1, E2
64,327
64,327
1
1 33%
3.03030
Yes
21,227.931
N/A
—
—
Buffer
Rural
Yes
I/P
Enhancement
0-100
UT1
19,941
19,941
2
100%
2.00000
Yes
9,970.500
N/A
—
—
Buffer
Rural
Yes
I / P
Enhancement
101-200
UT1
30,303
30,303
2
33%
6.06061
Yes
4,999.992
N/A
—
—
Buffer
Rural
Yes
I / P
Enhancement
20-29
UT1
74
74
2
75%
2.66667
Yes
27.750
N/A
—
—
Totals (ft2):
Total Buffer (ft2):
Total Nutrient Offset (ft2):
982,180
982,180
669,156.438 0.000 0.000
982,180
982,180
0
N/A
Total Ephemeral Area (ft2) for Credit
Total Eligible Ephemeral Area (ft)
Enter Preservation Credits Below Total Eligible for Preservation (ft)
Credit Type Location Subject? Feature Type Mitigation Activity Min -Max Buffer
Width (ft) Feature Name
Rural 1
YesI/ P
Rural Yes I/ P
Rural Yes 1 1/ P
TOTAL AREA OF BUFFER MITIGATION (TABM)
Mitigation Totals
Square Feet
C
Restoration:
931,861
654,158.197
Enhancement:
50,318
14,998.242
Preservation:
126,216
9,141.125
Total Riparian Buffer:
1,108,396
678,297.564
TOTAL NUTRIENT OFFSET MITIGATION
Mitigation Totals
Square
Nutrient Offset:
Nitrogen:
0 0.000
0.000
Phosphorus:
0-100 UT1
101-200 UT1
20-29 UT1
Preservation Area Subtotals
1. The Randleman Lake buffer rules allow some ditches to be classified as subject according to 15A NCAC 02B .0250 (5)(a).
107,060
107,060
277,099
9.7%
327,393
9.6%
Total Area (sf)
Total (Creditable)
Area for Buffer
Mitigation (ft)
74,102
74,102
51,850
51,850
265
265
126,216
126,216
-phemeraI Reaches as%TABM
'reservation as %TABM
Initial Credit Final Credit Riparian
Ratio (x:1) �° Full Credit Ratio (x:1) I Buffer Credits
10
100%
10.00000
7,410.200
10
33%
30.30303
1,711.050
10
75%
13.33333
19.875
last updated 08/03/2020

7.0 REFERENCES
Griffith, G.E., J.M. Omernik, J.A. Comstock, M.P. Schafale, W.H. McNab, D.R. Lenat, T.F.
MacPherson, J.B. Glover, and V.B. Shelbourne. 2002. Ecoregions of North Carolina and
South Carolina. U.S. Geological Survey, Reston, Virginia.
Information for Planning and Consultation (IPaQ. 2022. United States Fish and Wildlife Service
(online). Available: https://ipac.ecosphere.fws.gov/ (September 7, 2022).
Randleman Lake Buffer Protection Rule 15A NCAC 02B .0724
Lee, M.T., R.K. Peet, S.D. Roberts, and T.R. Wentworth. 2008. CVS-EEP Protocol for Recording
Vegetation, Level 1-2 Plot Version 4.2. Ecosystem Enhancement Program, North
Carolina Department of Environment and Natural Resources.
Natural Resources Conservation Service (NRCS). 2022. Web Soil Survey (online). Available:
http://websoilsurvey.nres.usda.gov/app/ [August 31, 2022]. United States Department
of Agriculture.
Schafale, M.P. and A.S. Weakley. 2012. Classification of the Natural Communities of North
Carolina: Fourth Approximation. North Carolina Natural Heritage Program, Division of
Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources.
Raleigh, North Carolina.
Bank Parcel Development Package page 16
EMH Farm Buffer Mitigation Bank Parcel Clearwater Mitigation Solutions
Guilford County, North Carolina March 2023

APPENDIX A
FIGURES
Figure 1. Site Location and Service Area
Figure 2. USGS Topo Quad
Figure 3. NRCS Soil Survey
Figure 4. Historic Aerial Imagery
Figure 5. Existing Conditions
Figure 6. Restoration Plan
Figure 7. Planting Plan
Figure 8. Credit Determination
Figure 9. Monitoring Plan
Bank Parcel Development Package
EMH Farm Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
March 2023

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_
Drawn b
-
KRJ
Sa ra'::
�.
Date:
L?
e.•aeway
MAR 2023
Scale:
'
1:400,000
'+
1
Project No.:
lemonsp,;no,
22-033
n
ofimia
FIGURE
Cameron
Hllifles.
Hfeme •, Y�}
�d
rclll
`
r � • � e' 0
5 10
20
Miles

ONE
Legend ■ 1 ■
QEMH Farms Easement = 26.69 ac 0
■ 11!1:
■
ON
vk
1
1
J
• ■■ % ..
3M iiiiii m Oil W?'O I 'ME MMM r
1 6-0No■OWN ;a
• � ti
1 Axiom Environmental, Inc.
r •
■ ■ Prepared for:
- F
LJOIN 1'
1 ■
■�
■ Ci,RAR aATFR 1�'Ti s.4TT(lV
■
1
L ■
■
%■.USGS
Not Depicted
MITIGATION
W'M
1 (Subject)
■
f ■BANK
PARCEL
�UT
■ ■
USGS Depicted
,
-
1
■
'
�
■ ' ■ f ■'
■
Guilford County, NC
1 � J
r
'
■
■ �
UT 3 (Subject)
Title:
1 •
USGS Not Depicted
■
■ 1 ■
USGS TOPO
'
il
1 NO
'
■
' J
'
QUAD
r
■
■
1
ON
(2019)
-
' '
�
■
E 3 (Not Subject)
0
�
�
1
�
USGS Not Depicted
■
NO
'
'
Drawn by:
�
KRJ
■
Date:
�
MAR 2023
•
■
7, % I ■
' 7
E 1 (Not Subject)
■
Scale:
1:2000
■ ■
i
USGS Not Depicted
Project No.:
■ � '
� f
`
-
22-033
■
�
1
■
UT 2 (Subject)
'.1
FIGURE
USGS Not Depicted
a ■
11.
2i
~
0 150
300
600
Feet

Legend
QEMH Farms Easement = 26.69 ac
UT 1 (Subject)
NRCS Depicted
IL
r
L
L
■
■
` `d, Jr
J ■
■
11
l
■ JP
1
qr I
■ E 2 (Not Subject)
' NRCS Not Depicted
■
�1
UT 3 (Subject)
NRCS Not Depicted
E 3 (Not Subject)
NRCS Not Depicted
1
PE (Not Subject)S Not Depicted
N
---------------
Axiom Environmental, Inc.
'
Prepared for:
CLFARWATFR MrTI ATTON
S O L U T 10 h S
Project:
EMH FARM:
BUFFER
MITIGATION
BANK PARCEL
Guilford County, INC
Title:
NRCS
SOIL SURVEY
(1977)
Drawn by:
KRJ
Date:
MAR 2023
Scale:
1:2000
Project No.:
22-033
UT 2 (subject) FIGURE
NRCS Not Depicted EL
�F■
■
3
0 150 300 600
Feet

�x
1964 • {�,7 ' z • 1993 ''1V
POO
Le , ^ 1 i { Axiom Environmental, Inc.
r
■ l
F Prepared for:
1. dTP
r -
•+ y ` • , f L�y- C LFARWATFR MrTI ATTON
■ S O L U T 10 h S
r w i
Project:
�• • y .. EMH FARM
■� �` BUFFER
rr {' �•�` r - MITIGATION
• },■ `� R • BANK PARCEL
16. 1
r,�• > Guilford County, NC
- � Title:
■' �� ■ �;' 2008
HISTORIC
AERIAL
+' c:" '► IMAGERY
r.
. + •11 r
"' , Drawn by:
�. KRJ
♦ Date:
MAR 2023
r: .�■f f. •. +i'I� ` ,� Scale:
y.
r= r** ' '�, . � • �' f�`� • .1 :..�' Project No.:
r �c,� �•' + '� i�r. 22-033
' FIGURE
C Legend r�. -
* {� Q EMH Farms Easement = 26.69 ac :+._ Il
A- 0
-�` Feet
��. ,.

Legend
— Subject Parcel Boundary
EMH Farms Easement = 26.69 ac
Proposed Stream Channel Top of Bank
Hardwood Planting Area (Restoration - Existing Pasture) - 21.96 ac
Hardwood Planting Area (Enhancement - Partially Forested Areas) - 1.17 ac
Duke Energy Right of Way
—'T
UT 1 (Subject)
E 1 (Not Subject)
150
---- ---------
Axiom Environmental, Inc.
Prepared for:
CY.FARWATER MrTIGATTON
S 0 L U T 10 Y S
Project:
EMH FARM
BUFFER
E 2 (Not Subject) MITIGATION
BANK PARCEL
Guilford County, NC
Title:
LIT 3 (Subject)
F " j
IRA";
300 600
PLANTING
PLAN
Drawn by:
KRJ
Date:
MAR 2023
Scale:
1:2000
Project No.:
22-033
FIGURE
7

Legend
QEMH Farms Easement = 26.69 ac
0 Intermittent/Perennial Stream Channel Top of Bank
0 Ephemeral Channel Top of Bank
Riparian Restoration
Riparian Enhancement
Riparian Preservation
Top of Bank to 20-Feet
- - - Top of Bank to 30-Feet
— Top of Bank to 50-Feet
— Top of Bank to 100-Feet
— Top of Bank to 200-Feet
0 fe
NC Center
Information
_
---------------
1
Axiom Environmental, Inc.
r
Prepared for:
-
a.
CLEARWATER 1IVITTI ATTON
0 L u r 1G h s
,.
Project:
-
EMH FARM
BUFFER
MITIGATION
BANK PARCEL
U T 3.�
Y4
1"?If
0 150 300
k _
W
Guilford County, NC
' Title:
600
m Feet
RIPARIAN BUFFER
CREDIT
DETERMINATION
Drawn by:
KRJ
Date:
MAR 2023
Scale:
1:2000
Project No.:
22-033
FIGURE
[:1

Legend _•. ems..
O EMH Farms Easement = 26.69 ac _4.
j +
0 Intermittent/Perennial Stream Channel Top of Bank
Ephemeral Channel Top of Bank
Riparian Restoration e, / , ;-' 19 y-•
Riparian Enhancement ��' � .•-�� ,� r; ' / x'• =- ,
Riparian Preservation j / / ;, ,��.'/ / �} - ~.�.. Axiom Environmental, Inc.
Proposed Vegetation Monitoring Plots (19 Total)
Top of Bank to 20-Feet :.: ,? / ;� ' / 18 Prepared for:
i
- - - Top of Bank to 30-Feet
— — Top of Bank to 50-Feet
Top of Bank to 100-Feet / ❑
Top of Bank to 200-Feet . / 1 ; ,,/ / C■�
! LEARWATER 11'iiTI ATTON
S 0 L u r 1 o x s
IT IL
+ ,.i R " . r ` f'r'� • `�
X" Project:
t►.: / \. EMH FARMS
YIN / / -' \ \. BUFFER
UT
MITIGATION
�3'
BANK PARCEL
®
_� �-� �.• �'Guilford County, NC
14
Title:
_ -.F MONITORING
PLAN
TP
©
Drawn by:
KRJ
\ .-
/' Date:
sl .i •`..-._� ' MAR 2023
Scale:
t Project No.:
22-033
14' .
\ ❑ t FIGURE
0 150 300 600
t �, Feet

APPENDIX B
AGENCY LETTERS/CORRESPONDENCE
NCDWR Stream Determination Letter, July 26, 2021
NCDWR Site Viability Letter, September 24, 2021
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
March 2023

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

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

17 1
r _
a �.
Rana'
.ti . .' . . •• , • ake
eIr
y
• :r -
• . --- , -
•r '
rr
• � 1
' •' I
CD r ��
Y'.
VICINITY MAP
,l-" 4
Nall
r
LEt or •�, r„JJ
;'' •1 _ � -�u� . •, _�
SITE-
j .
Legend
Easement = 26.6 ac - I ■ sr.
IL
Prepared for: Project: Title: Drawn by:
KRJ FIGURE
Clearwater EMH FARM LLC USGS Date:
Mitigation RIPARIAN BUFFER TOPOGRAPHIC Mar 2021
Solutions MITIGATION SITE MAP scale:
(High Point East, 2019) 1:5000
Axiom Ernwmn-enlal,inc. Guilford County, NC Project No.: 19-008

Legend
Potential Conservation Easement = 26.6 ac
Intermittent/Perennial Stream Channel
- Ephemeral Channel
i
ys d y A
. F I •1 fl ,4, {�
S I.k .
•
�b1. iy " �'af1... 'M1 � •f' �' P, -
-fib 1 • � 1: +'-'�' °:'� T. .
-, Y �i
:5�• c'TI
.'.Fy 1�=I
41 .."'. i. 'li .., I•
-
I
11r
UT-3
OP
UT - 1
�w
UT-2
E-3 (ditch)
��.
E-1
A.
.
ter,
*4101
�'.. .. :. .. .. _
21
4 NOTE: Depicted stream determinations were field verified
N
+: by Ms. Sue Homewood (NCDWR) on July 1, 2021.
��`'� �i�,_^�-� V•IJ is � � �
0 100 200
Feet
400
r
Prepared for:
Project:
Title:
Drawn by:
KRJ
FIGURE
Clearwater
EMH FARMS
Date:
Mitigation
RIPARIAN BUFFER
STREAM
Jul 2021
Scale:
Solutions
MITIGATION SITE
DETERMINATION
1
A` VL
os
1:2000
Project No.:
19-008
Axiom Envitor— nl [no..
Guilford County, NC
Guilford
7/26/2021

DocuSign Envelope ID: 458687C3-6621-4063-A57B-CA20F98B44F8
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 24, 2021
Kevin Yates
Clearwater Mitigation Solutions
(via electronic mail: [e-mail] )
Re: Site Viability for Buffer Mitigation — EMH Farm Site
Near 5862 Groometown Rd, High Point, NC
Randleman Lake Watershed
Guildford County
Dear Mr. Yates,
On July 29, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Clearwater Mitigation Solutions (CMS) for a site visit near the above -
referenced site in the Randleman Lake Watershed. The site visit was to determine the potential for
riparian buffer mitigation within a proposed conservation easement boundary, which is more
accurately depicted in the attached map labeled Figure 1 prepared by EMH. The proposed easement
boundary in Figure 1, includes all riparian areas intended to be proposed as part of the mitigation site.
On September 16, 2021, Ms. Merritt performed a site assessment of the subject site. Staff with CMS
were also present.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015).
Feature
Classification
1Subiect
Riparian Land uses
Buffer
3Nutrient
','Mitigation Tyne Determination Win
to
riparian areas
onsite
adiacent to Feature
Credit
Offset
Buffer
0( 200')
Viable
Viable
Rule
2,273.02
lbs-N/acre
UTl
Stream
Yes
Mostly non -forested
2Yes
N/A
Non -forested pasture - Restoration Site
pasture. Upstream is fully
per 15A NCAC 02B .0295 (n)
forested and downstream is
partially forested (see map)
Forested Areas - Preservation Site per
15A NCAC 02B .0295 (o)(5)
An old culvert was located
in the stream and needs to
Partially Forested Areas — Enhancement
be removed
Site per 15A NCAC 02B .0295 (n)
DE Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA -
Dep.�eftaf e.Wrw­m I Qusu\ 919.707.9000

DocuSign Envelope ID: 458687C3-6621-4063-A57B-CA20F98B44F8 EMH Farm Site
Clearwater Mitigation Solutions
September 24, 2021
Feature
Classification
'Subject
Riparian Land uses
Buffer
3Nutrient
4'Mitigation Tyne Determination Win
onsite
to
riparian areas
adjacent to Feature
Credit
Offset
Buffer
0( 200')
Viable
Viable at
Rule
2,273.02
lbs-N/acre
UT2
Stream
Yes
non -forested pasture grazed
Yes
N/A
Restoration Site per 15A NCAC 02B
by cattle.
.0295 (n)
Culvert needs to be
Minor bank stabilization measures where
removed from channel if
erosion was noted onsite.
not being used as a crossing
UT3
Stream
Yes
non -forested pasture grazed
Yes
N/A
Restoration Site per 15A NCAC 02B
by cattle.
.0295 (n)
E-1
Ephemeral
No
non -forested pasture grazed
Yes
N/A
Restoration Site per 15A NCAC 02B
(starts @
by cattle.
.0295 (o)(7)
E-2
Ephemeral
No
non -forested pasture grazed
Yes
N/A
Restoration Site per 15A NCAC 02B
(starts @
by cattle.
.0295 (o)(7)
35.919306,
-79.892575)
E-3
Ditch <3'
Yes
non -forested pasture grazed
*See Note
N/A
Restoration Site per 15A NCAC 02B
(starts @
depth
by cattle.
.0295 (o)(8)
35.918515,
(conveying
-79.892390)
SW to stream)
*Buffer Mitigation Note —
Assessment concludes the ditch meets
15A NCAC 02B .0295 (o)(8) (A, B, C, D
& E). More information on the
watershed is required to be provided
in a mitigation plan for complete
assessment. See rule.
'Subjectivity calls for the features were determined by DWR in correspondence dated July 26, 2021 (DWR# -no ID) using the 1:24,000
scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the
NRCS.
2The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
3NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment. Credits are calculated differently in the Jordan Lake Watershed. Phosphorus may be calculated separately.
'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area. Easement breaks that disconnect the continuity of riparian restoration/enhancement/preservation result in no credit viable beyond
the break.
'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
7The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). Cattle
exclusion fencing is required to be installed around the mitigation area to get buffer credit under this part of the rule.
Determinations provided in the table above were made using a proposed easement boundary showing
proposed mitigation areas shown in Figure 1. The map representing the proposal for the site is
attached to this letter and initialed by Ms. Merritt on September 24, 2021. Substantial changes to the
Page 2 of 3

DocuSign Envelope ID: 458687C3-6621-4063-A57B-CA20F98B44F8 EMH Farm Site
Clearwater Mitigation Solutions
September 24, 2021
proposed easement boundary as well as any site constraints identified in this letter, could affect the
Site's potential to generate buffer mitigation and nutrient offset credits.
This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits.
Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to
DWR for written approval prior to conducting any mitigation activities in riparian areas and/or
surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a
proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for
approval prior to any mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0703.
This viability assessment will expire on September 24, 2021 or upon approval of a mitigation
plan by the DWR, whichever comes first. This letter should be provided in any nutrient offset,
buffer, stream or wetland mitigation plan for this Site.
Please contact Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
PW/kym
Attachments: Figure 1: Aerial Map
cc: File Copy (Katie Merritt)
E/P-
DocuSigned by:
awe W10 I �•
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
Page 3 of 3

DocuSign Envelope ID: 458687C3-6621-4063-A57B-CA20F98B44F8
Legend a
Potential Conservation Easement = 26.6 ac
Intermittent/Perennial Stream Channel
- Ephemeral Channel
i
r is
#
to / r
V
,��}� tt• �.' tt•''7ky 4,
H.
NOTE: Depicted stream determinations were field verified
by Ms. Sue Homewood (NCDWR) on July 1, 2021.
Prepared for: Project:
Clearwater
Mitigation
Solutions
Axiom &L"vr—emus. iw.
UT-3
UT-1
E-2
UT-2 ,
E-3 (ditch)
EMH FARMS
RIPARIAN BUFFER
MITIGATION SITE
Guilford County, NC
- N
Feet
0 100 200 400
r
Partially
Forested
Forested
Drawn by:
KRJ
FIGURE
Date:
Jul 2021
Scale:
1:2000
Project No.:
19-008

APPENDIX C
DATA
NCDWR SWIT Forms
Site Photos
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
March 2023

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

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

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

EMH Farm:
Site Photos (UT 1)
Taken April 2022
.r.
Bank Parcel Development Package
EMH Farm. Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Note: Site Conditions in March
2023 Identical or Very Similar
Appendices
Clearwater Mitigation Solutions
March 2023

Bank Parcel Development Package
EMH Farm.- Buffer Mitigation Bank Parcel
Guilford County, North Carolina
EMH Farm
Site Photos (UT 2, E 1,E3) Note: Site Conditions in March
Taken April 2022 2023 Identical or Very Similar
Appendices
Clearwater Mitigation Solutions
March 2023

Bank Parcel Development Package
EMH Farm. Buffer Mitigation Bank Parcel
Guilford County, North Carolina
EMH Farm
Site Photos (UT 3 and E 2) Note: Site Conditions in March
Taken April 2022 2023 Identical or Very Similar
Appendices
Clearwater Mitigation Solutions
March 2023

APPENDIX D
THREATENED AND ENDANGERED SPECIES DATA
Summary Letter of Federally Protected Species Survey
North Carolina Natural Heritage Program (NCNHP) Report
USFWS IPaC Resource List
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
March 2023

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

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

Axiom Environmental, Inc.
Mr. Kevin Yates
Clearwater Mitigation Solutions
September 15, 2022
Page 3
Please let us know if you have any questions concerning our findings. We appreciate the
opportunity to provide you with these services.
Yours truly,
AXIOM ENVIRONMENTAL, INC.
Allison Keith
Project Scientist
Attachments: Figure 1, NCNHP report, & IPaC report

APPENDIX E
ENVIRONMENTAL DATA RESOURCES (EDR) REPORT EXECUTIVE SUMMARY
Bank Parcel Development Package
EMH Farms Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
March 2023

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

TABLE OF CONTENTS
SECTION
PAGE
Executive Summary-------------------------------------------------------
ES1
Overview Map
2
Detail Map
3
Map Findings Summary----------------------------------------------------
4
Map Findings
8
Orphan Summary---------------------------------------------------------
9
Government Records Searched/Data Currency Tracking
GR-1
GEOCHECK ADDENDUM
Physical Setting Source Addendum------------------------------------------
A-1
Physical Setting Source Summary-------------------------------------------.
A-2
Physical Setting SSURGO Soil Map-------------------------------------------
A-5
Physical Setting Source Map
A-13
Physical Setting Source Map Findings----------------------------------------
A-15
Physical Setting Source Records Searched------------------------------------.
PSGR-1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, LLC. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist
from other sources. This Report is provided on an "AS IS", "AS AVAILABLE" basis. NO WARRANTY EXPRESS OR IMPLIED IS MADE
WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, LLC AND ITS SUBSIDIARIES,
AFFILIATES AND THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, OF ANY KIND OR NATURE, EXPRESS OR IMPLIED,
ARISING OUT OF OR RELATED TO THIS REPORT OR ANY OF THE DATA AND INFORMATION PROVIDED IN THIS REPORT,
INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS,
COMPREHENSIVENESS, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON -INFRINGEMENT,
MISAPPROPRIATION, OR OTHERWISE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA
RESOURCES, LLC OR ITS SUBSIDIARIES, AFFILIATES OR THIRD PARTY SUPPLIERS BE LIABLE TO ANYONE FOR ANY DIRECT,
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING BUT NOT LIMITED
TO LOSS OF PROFITS, LOSS OF USE, OR LOSS OF DATA) INFORMATION PROVIDED IN THIS REPORT. Any analyses, estimates,
ratings, environmental risk levels, or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to
provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property.
Only an assessment performed by a qualified environmental professional can provide findings, opinions or conclusions regarding the
environmental risk or conditions in, on or at any property.
Copyright 2022 by Environmental Data Resources, LLC. All rights reserved. Reproduction in any media or format, in whole or in part, of any
report or map of Environmental Data Resources, LLC, or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, LLC or its affiliates. All other
trademarks used herein are the property of their respective owners.
TC7110565.2s Page 1

EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E1527-21), the ASTM Standard Practice for Environmental Site
Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited
Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed
for the evaluation of environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
5860 GROOMETOWN ROAD
HIGH POINT, NC 27263
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator
UTM X (Meters):
UTM Y (Meters):
Elevation:
35.9190560 - 35- 55' 8.60"
79.8943390 - 79- 53' 39.62"
Zone 17
599756.6
3975335.0
801 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map
Version Date:
East Map:
Version Date:
AERIAL PHOTOGRAPHY IN THIS REPORT
13840509 HIGH POINT EAST, NC
2019
13702498 PLEASANT GARDEN, NC
2019
Portions of Photo from: 20140827, 20140705
Source: USDA
TC7110565.2s EXECUTIVE SUMMARY 1

F- MAPPED SITES SUMMARY
Target Property Address:
5860 GROOMETOWN ROAD
HIGH POINT, NC 27263
Click on Map ID to see full detail.
MAP
ID SITE NAME ADDRESS
NO MAPPED SITES FOUND
DATABASE ACRONYMS
RELATIVE DIST (ft. & mi.)
ELEVATION DIRECTION
7110565.2s Page 2

EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Lists of Federal NPL (Superfund) sites
NPL___________________________ National Priority List
Proposed NPL________________ Proposed National Priority List Sites
NPL LIENS -------------------- Federal Superfund Liens
Lists of Federal Delisted NPL sites
Delisted NPL__________________ National Priority List Deletions
Lists of Federal sites subject to CERCLA removals and CERCLA orders
FEDERAL FACILITY__________ Federal Facility Site Information listing
SEMS_________________________ Superfund Enterprise Management System
Lists of Federal CERCLA sites with NFRAP
SEMS-ARCHIVE-------------- Superfund Enterprise Management System Archive
Lists of Federal RCRA facilities undergoing Corrective Action
CORRACTS__________________ Corrective Action Report
Lists of Federal RCRA TSD facilities
RCRA-TSDF------------------ RCRA- Treatment, Storage and Disposal
Lists of Federal RCRA generators
RCRA-LQG------------------- RCRA- Large Quantity Generators
RCRA-SQG------------------- RCRA- Small Quantity Generators
RCRA-VSQG----------------- RCRA- Very Small Quantity Generators (Formerly Conditionally Exempt Small Quantity
Generators)
Federal institutional controls / engineering controls registries
LUCIS_________________________ Land Use Control Information System
TC7110565.2s EXECUTIVE SUMMARY 3

EXECUTIVE SUMMARY
US ENG CONTROLS_________ Engineering Controls Sites List
US INST CONTROLS --------- Institutional Controls Sites List
Federal ERNS list
ERNS_________________________ Emergency Response Notification System
Lists of state- and tribal (Supen°und) equivalent sites
NC HSDS_____________________ Hazardous Substance Disposal Site
Lists of state- and tribal hazardous waste facilities
SHWS------------------------- Inactive Hazardous Sites Inventory
Lists of state and tribal landfills and solid waste disposal facilities
SWF/LF_______________________ List of Solid Waste Facilities
OLI____________________________ Old Landfill Inventory
DEBRIS_______________________ Solid Waste Active Disaster Debris Sites Listing
LCID__________________________ Land -Clearing and Inert Debris (LCID) Landfill Notifications
Lists of state and tribal leaking storage tanks
LAST__________________________ Leaking Aboveground Storage Tanks
LUST -------------------------- Regional UST Database
INDIAN LUST_________________ Leaking Underground Storage Tanks on Indian Land
LUST TRUST_________________ State Trust Fund Database
Lists of state and tribal registered storage tanks
FEMA UST____________________ Underground Storage Tank Listing
UST___________________________ Petroleum Underground Storage Tank Database
AST___________________________ AST Database
INDIAN UST__________________ Underground Storage Tanks on Indian Land
State and tribal institutional control / engineering control registries
INST CONTROL______________ No Further Action Sites With Land Use Restrictions Monitoring
Lists of state and tribal voluntary cleanup sites
VCP___________________________ Responsible Party Voluntary Action Sites
INDIAN VCP__________________ Voluntary Cleanup Priority Listing
Lists of state and tribal brownfield sites
BROWNFIELDS______________ Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS----------- A Listing of Brownfields Sites
TC7110565.2s EXECUTIVE SUMMARY 4

EXECUTIVE SUMMARY
Local Lists of Landfill / Solid Waste Disposal Sites
SWRCY_______________________
Recycling Center Listing
HIST LF_______________________
Solid Waste Facility Listing
INDIAN ODI___________________
Report on the Status of Open Dumps on Indian Lands
ODI___________________________
Open Dump Inventory
DEBRIS REGION 9___________
Torres Martinez Reservation Illegal Dump Site Locations
IHS OPEN DUMPS___________
Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL_________________ Delisted National Clandestine Laboratory Register
US CDL_______________________ National Clandestine Laboratory Register
PFAS-------------------------- PFAS Contamination Site Listing
Local Land Records
LIENS 2_______________________ CERCLA Lien Information
Records of Emergency Release Reports
HMIRS________________________
Hazardous Materials Information Reporting System
SPILLS________________________
Spills Incident Listing
IMD___________________________
Incident Management Database
SPILLS 90____________________
SPILLS 90 data from FirstSearch
SPILLS 80____________________
SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen / NLR_________
RCRA- Non Generators / No Longer Regulated
FUDS_________________________
Formerly Used Defense Sites
DOD__________________________
Department of Defense Sites
SCRD DRYCLEANERS_______
State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR_______________
Financial Assurance Information
EPA WATCH LIST____________
EPA WATCH LIST
2020 COR ACTION_ _ _ _ _ _ _ _
_ _ _ 2020 Corrective Action Program List
TSCA_________________________
Toxic Substances Control Act
TRIS__________________________
Toxic Chemical Release Inventory System
SSTS--------------------------
Section 7 Tracking Systems
ROD__________________________
Records Of Decision
RMP__________________________
Risk Management Plans
RAATS________________________
RCRA Administrative Action Tracking System
PRP___________________________
Potentially Responsible Parties
PADS_________________________
PCB Activity Database System
ICIS___________________________
Integrated Compliance Information System
FTTS__________________________
FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS_________________________
Material Licensing Tracking System
COAL ASH DOE______________
Steam -Electric Plant Operation Data
COAL ASH EPA______________
Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER________
PCB Transformer Registration Database
RADINFO ---------------------
Radiation Information Database
HIST FTTS____________________
FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS_____________________
Incident and Accident Data
TC7110565.2s EXECUTIVE SUMMARY 5

EXECUTIVE SUMMARY
CONSENT____________________
Superfund (CERCLA) Consent Decrees
INDIAN RESERV_____________
Indian Reservations
FUSRAP______________________
Formerly Utilized Sites Remedial Action Program
UMTRA_______________________
Uranium Mill Tailings Sites
LEAD SMELTERS____________
Lead Smelter Sites
US AIRS______________________
Aerometric Information Retrieval System Facility Subsystem
US MINES____________________
Mines Master Index File
ABANDONED MINES ---------
Abandoned Mines
FINDS -------------------------
Facility Index System/Facility Registry System
DOCKET HWC----------------
Hazardous Waste Compliance Docket Listing
UXO ---------------------------
Unexploded Ordnance Sites
ECHO -------------------------
Enforcement & Compliance History Information
FUELS PROGRAM___________
EPA Fuels Program Registered Listing
AIRS__________________________
Air Quality Permit Listing
ASBESTOS___________________
ASBESTOS
COAL ASH____________________
Coal Ash Disposal Sites
DRYCLEANERS______________
Drycleaning Sites
Financial Assurance -----------
Financial Assurance Information Listing
NPDES------------------------
NPDES Facility Location Listing
UIC----------------------------
Underground Injection Wells Listing
AOP---------------------------
Animal Operation Permits Listing
MINES MRDS-----------------
Mineral Resources Data System
CCB___________________________
Coal Ash Structural Fills (CCB) Listing
SEPT HAULERS______________
Permitted Septage Haulers Listing
PCSRP------------------------
Petroleum -Contaminated Soil Remediation Permits
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP_____________________ EDR Proprietary Manufactured Gas Plants
EDR Hist Auto ----------------- EDR Exclusive Historical Auto Stations
EDR Hist Cleaner_____________ EDR Exclusive Historical Cleaners
4Q AN=1d11Y=IN=IeZrZeP/=INkiIky,I =Ikik&I:Na19�I
Exclusive Recovered Govt. Archives
RGA HWS____________________ Recovered Government Archive State Hazardous Waste Facilities List
RGA LF_______________________ Recovered Government Archive Solid Waste Facilities List
RGA LUST____________________ Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were not identified.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC7110565.2s EXECUTIVE SUMMARY 6

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

OVERVIEW MAP - 7110565.2S
IV
Target Property
A
Sites at elevations higher than
or equal to the target property
♦
Sites at elevations lower than
the target property
1
Manufactured Gas Plants
National Priority List Sites
Dept. Defense Sites
0 1/4
1/2 1 Mlles
Indian Reservations BIA
Hazardous Substance
County Boundary
Disposal Sites
Power transmission lines
Special Flood Hazard Area (1%)
0.2% Annual Chance Flood Hazard
❑
National Wetland Inventory
0
State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: EMH Farms
CLIENT: Axiom Environmental
ADDRESS: 5860 Groometown Road
CONTACT: Kenan Jernigan
High Point NC 27263
INQUIRY #: 7110565.2s
LAT/LONG: 35.919056 / 79.894339
DATE: September 07, 2022 4:47 pm
Copyright �o 2022 EDR, Inc. (,) 2015 TonnTom Rai. 2015.

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

APPENDIX F
CONSERVATION EASEMENT
Bank Parcel Development Package
EMH Farm Buffer Mitigation Bank Parcel
Guilford County, North Carolina
Appendices
Clearwater Mitigation Solutions
March 2023

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Clearwater Mitigation Solutions
604 Macon Place
Raleigh, NC 27609
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this
_27th day of March , 2023 by and between EMH Farm, LLC, a North Carolina limited
liability company,("Grantor") and Clearwater Mitigation Solutions, LLC, a North Carolina
limited liability company ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties,
their heirs, successors and assigns, and shall include singular, plural, masculine,
feminine or neuter as required by context.
I113Xy1111FAM
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Guilford County, North Carolina, more particularly described in Exhibit A attached hereto
and incorporated herein (the "Property") and being a portion of certain real properties
owned by Grantor identified in Deed Book 7037, Page 2922, Deed Book 3277 Page 377,
Parcel Identification Number (PIN) 7739510219 Parcel Number 158537 and Deed
Book 7037, Page 2922, Parcel Identification Number (PIN), 7739500530, Parcel
Number 158534 of the Guilford County Registry;
1

WHEREAS, Grantee agrees to transfer or assign the conservation easement and
its interests in perpetuity to a non-profit corporation, who is a charitable, not -for -profit
or educational corporation, association, or trust qualified to be Grantee pursuant to
501 (c)(3) and 170 (h) of the Internal Revenue Code, and N.C. Gen. Statute 121-34 ;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or
aesthetic value of the property in its natural state, which includes the following natural
communities: unnamed tributaries and riparian buffers to Randleman Lake. The
purpose of this Conservation Easement is to maintain streams, riparian resources and
other natural values of approximately 26.81 acres, more or less, and being more
particularly described in Exhibit B attached hereto and incorporated fully herein by
reference (the "Conservation Easement Area 1" recorded in the Guilford County
Register of Deeds at Plat Book Page ), and prevent the use
or development of the Conservation Easement Area 1 for any purposeor in any
mannerthat would conflict with the maintenance of its natural condition.
WHEREAS, the restoration, enhancement, and preservation of the Conservation
Easement Area 1 is also a condition of the approval of the EMH Farm Mitigation Banking
Instrument (MBI) and Bank Parcel Development Package (BPDP) for the EMH Farm
Mitigation Bank Parcel, North Carolina Division of Water Resources (NCDWR) Project
ID# 2022-1493 v.1, which was approved by NCDWR, and will be made and entered
into by and between Clearwater Mitigation Solutions, LLC, acting as the Bank Sponsor
(Bank Sponsor), and NCDWR. The EMH Farm Mitigation Bank Parcel is intended to be
used to compensate for riparian buffer and nutrient impacts within the Randleman Lake
Watershed.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement
shall be held by the NCDWR and may be exercised through the appropriate enforcement
agency of the State of North Carolina, and that these rights are in addition to, and do not
limit, the rights of enforcement under the NC DWR Project ID# 2022-1493 v.1
(Mitigation Banking Instrument) or any permit or certification issued by the Third- Party.
NOW, THEREFORE, for and in consideration of the covenants and
representations contained herein and for other good and valuable consideration, the
receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby
unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors
and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area 1
described on Exhibit B, together with the right to preserve and protect the conservation
values thereof, as follows:
2

ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an
easement in gross, runs with the land and is enforceable by Grantee against Grantor,
Grantor's personal representatives, heirs, successors and assigns, lessees, agents and
licensees.
/_1Ci1[y111114l1
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area 1 inconsistent withthe
purpose of this Conservation Easement is prohibited. The Conservation Easement Area
1 shall be preserved in its natural condition and restricted from any development that
would impair or interfere with the conservation values of the Conservation Easement
Area 1.
Without limiting the generality of the foregoing, the following activities anduses
are expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Conservation Easement Area 1 or any
introduction of non-native plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna,
utility pole, tower, conduit, line, pier, landing, dock or any othertemporary or permanent
structure or facility on or above the Conservation Easement Area 1.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any rights of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Conservation Easement Area 1 are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming,
cutting or mowing of trees, shrubs, or other vegetation in the Conservation Easement
Area 1 except as provided in the BPDP. Mowing of invasive and herbaceous vegetation
for purposes of enhancing planted or volunteer trees and shrubs approved in the BPDP is
allowable oncea year for no more than five consecutive years from the date on page 1 of this
Conservation Easement, except where mowing will negatively impact vegetation or disturb soils.
Mowing activities shall only be performed by the Bank Sponsor Clearwater Mitigation Solutions,
LLC, and shall not violate any part of Item L of Article II.
3

F. Roads and Trails. There shall be no construction of roads, trails or walkwayson
the Conservation Easement Area 1; nor enlargement or modification to existing roads,
trails or walkways.
G. Signage. No signs shall be permitted on or over the Conservation Easement
Area 1, except the posting of no trespassing signs, signs identifying the conservation
values of the Conservation Easement Area 1, signs giving directions or proscribing rules
and regulations for the use of the Conservation Easement Area 1 and/or signs identifying
the Grantor as owner of the Conservation Easement Area 1.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage,
waste, abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or
other materials on the Conservation Easement Area 1 is prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any
manner on the Conservation Easement Area 1, except to restore natural topography
ordrainage patterns. .
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or
alteration of the restored, enhanced, or created drainage patterns. In addition,
diverting or causing or permitting the diversion of surface or underground water into,
within or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Rights. No development rights that have been encumbered
or extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited
to,motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited other
than for temporary or occasional access by the Clearwater Mitigation Solutions,
LLC, the_Grantee, its
0

employees and agents, successors, assigns, and the NCDWR for purposes of
constructing, maintaining and monitoring the restoration, enhancement and
preservation of streams, wetlands and riparian areas within the Conservation
Easement Area 1.
M. Other Prohibitions. Any other use of, or activity on, the Conservation
Easement Area 1 which is or may become inconsistent with the purposes ofthis grant,
the preservation of the Conservation Easement Area 1 substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs,
successors or assigns, the right to continue the use of the Conservation Easement Area
1 for all purposes not inconsistent with this Conservation Easement, including, but not
limited to, the right to quiet enjoyment of the Conservation Easement Area 1, the rights
of ingress and egress, the right to hunt, fish, and hike on the Conservation Easement
Area 1, the right to sell, transfer, gift or otherwise convey the Conservation Easement
Area 1, in whole or in part, provided such sale, transfer or gift conveyance is subject to
the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its
successors and assigns, including Clearwater Mitigation Solutions, LLC, acting as the
Bank Sponsor, the right to construct and perform activities related to the restoration,
enhancement, and preservation of riparian areas within the Conservation Easement
Area 1 in accordance with the approved EMH Farm Bank Parcel Development Package
(BPDP), and the EMH Farm Mitigation Banking Instrument (MBI) described in the Recitals of
this Conservation Easement.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns and
NCDWR, shall have the right to enter the Property and Conservation Easement Area tat
all reasonable times for the purpose of inspecting the Conservation Easement Area 1 to
determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation
Easement. The Grantee, Clearwater Mitigation Solutions, LLC, and its authorized
representatives, successors and assigns and NCDWR shall also have the right to enter
and go upon the Conservation Easement Area 1 for purposes of making scientific or
educational observations and studies, and taking samples. The easement rights granted
herein do not include public access rights.
k,

ARTICLE V
ENFORCEMENTAND REMEDIES
A. To accomplish the purposes of this Easement, Grantee, and NCDWR are
allowed to prevent any activity on or use of the Conservation Easement Area 1 that is
inconsistent with the purposes of this Easement and to require the restoration of such
areas or features of the Conservation Easement Area 1 thatmay bedamaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor
that comes to the attention of the Grantee, the Grantee shall notify the Grantor in
writing of such breach. The Grantor shall have 30 days after receipt of such notice to
correct the conditions constituting such breach. If the breachremains uncured after 30
days, the Grantee may enforce this Conservation Easement by appropriate legal
proceedings including damages, injunctive and other relief. Notwithstanding the
foregoing, the Grantee reserves the immediate right, without notice, to obtain a
temporary restraining order, injunctive or other appropriate relief ifthe breach of the
terms of this Conservation Easement is or would irreversibly or otherwise materially
impair the benefits to be derived from this Conservation Easement. The Grantor and
Grantee acknowledge that under such circumstances damage to the Grantee would
be irreparable and remedies at law will be inadequate.The rights and remedies of the
Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights
and remedies available to Grantee in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's expenses,
court costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is
determined to be responsible for the breach. The NCDWR shall have the same rights
and privileges as the said Grantee to enforce the terms and conditions of this
Conservation Easement.
B. No failure on the part of the Grantee to enforce any covenant or
provisionhereof shall discharge or invalidate such covenant or any other covenant,
condition, or provision hereof or affect the right to Grantee to enforce the same in the
event ofa subsequent breach or default.
C. 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 1 resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, war, acts of God or third parties, except
Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor
under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Conservation Easement Area 1 resulting from such
causes.
11

ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the
Property in fee simple, and that Grantor either owns all interests in the Property which
may be impaired by the granting of this Conservation Easement or that there are no
outstanding mortgages, tax liens, encumbrances, or other interests in the Property
which have not been expressly subordinated to this Conservation Easement. Grantor further
warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend
title to the Property against the claims of all persons. _
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any
interest in all or a portion of the Conservation Easement Area 1. The Grantor agrees to
provide written notice of such transfer at least sixty (60) days prior to the date of the
transfer. The Grantor and Grantee agree that the terms of this Conservation Easement
shall survive any merger of the fee and easement interests in the Conservation
Easement Area 1 or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of the NCDWR.
C. Assignment. The parties recognize and agree that the benefits of this
Conservation Easement are in gross and assignable provided, however that the
Grantee hereby covenants and agrees, that in the event it transfers or assigns this
Conservation Easement, the organization receiving the interest will be a qualified
holder pursuant to 33 CFR 332.7 (a)(1), N.C. Gen. Stat. § 121-34 et seq. and § 501 (c)(3)
and § 170 (h) of the Internal Revenue Code, and the Grantee further covenants and
agrees that the terms of the transfer or assignment will be such that the transferee or
assignee will be required to continue in perpetuity the conservation purposes
described in this document.
D. Entire Agreement and Severability. The combined MBI with corresponding
BPDP, and this Conservation Easement sets forth the entire agreement of the parties
with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If
any provision is found to be void or unenforceable by a court of competent jurisdiction,
the remainder shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property
free of any liens or other encumbrances for obligations incurred by Grantor. Grantee
shall not be responsible for any costs or liability of any kind related to the ownership,
operation, insurance, upkeep, or maintenance of the Property, except as expressly
7

provided herein. Nothing herein shall relieve the Grantor of the obligation tocomply
with federal, state or local laws, regulations and permits that may apply to theexercise
of the Reserved Rights.
F. Long -Term Management. If livestock operations will be maintained on the
property, Grantor is responsible for all long-term management activities associated
with fencing to ensure livestock do not have access to the Protected Property. These
activities include the maintenance and/or replacement of fence structures, as deemed
necessary by the Grantee, to ensure the aquatic resource functions within the
boundaries of the Protected Property are sustained.
G. Extinguishment. In the event that changed conditions render impossible the
continued use of the Conservation Easement Area 1 for the conservation purposes,
thisConservation Easement may only be extinguished, in whole or in part, by judicial
proceeding.
H. Eminent Domain. Whenever all or part of the Conservation Easement Area
1 is taken in the exercise of eminent domain so as to substantially abrogate the
Restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in
appropriate actions at the time of such taking to recover the full value of the taking,
and all incidental and direct damages due to the taking.
I. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of the Conservation
Easement Area 1 is sold, exchanged, or involuntarily converted following an
extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair
market value of this Conservation Easement as determined at the time of the
extinguishment or condemnation.
J. Notification. Any notice, request for approval, or other communication
required underthis Conservation Easement shall be sent by registered or certified mail,
postage prepaid, to the following addresses (or such address as may be hereafter
specified by notice pursuant to this paragraph):
To Grantor:
EMH Farm, LLC
Attn: Emily Hiatt, Manager
7109-A Harlow Road
High Point, NC 27263
To Grantee & Sponsor:
Clearwater Mitigation Solutions, LLC
Attn: Kevin Yates
604 Macon Place
Raleigh, NC 27609
E3

To NCDEQ-DWR:
NCDEQ— Division of Water Resources
401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1601
K. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a
reasonable period of time after the occurrence of one of these events Grantee fails to
make an assignment pursuant to this Conservation Easement, then the Grantee's
interest shall become vested in another qualified grantee in accordance with an
appropriate proceeding in a court of competent jurisdiction.
L. Amendment. This Conservation Easement may be amended, but only in
a writing signed by all parties hereto, and provided such amendment does not
affect the qualification of this Conservation Easement or the status of the Grantee
under any applicable laws, and is consistent with the conservation purposes of this
grant.
M. Present Condition of the Conservation Easement Area 1. The wetlands,
scenic, resource, environmental, and other natural characteristics of the Conservation
Easement Area 1, and its current use and state of improvement, are described in Section
2.0 of the EMH Farm BPDP, prepared by Bank Sponsor and acknowledged by the Grantor
and Grantee to be complete and accurate as of the date hereof. Both Grantor and
Grantee have copies of this report. It will be used by the parties to assure that any
future changes in the use of the Conservation Easement Area 1 will be consistent with
the terms of this Conservation Easement. However, this report is not intended to
preclude the use of other evidence to establish the present condition of the
Conservation Easement Area 1 if there is a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written.
[Signatures of the Grantor and Grantee in appropriate form]
P]

DEED REFERENCE(S):
BEING ALL OF THE PROPERTIES RECORDED
IN D.B. 3277, PG. 377 & D.B. 7037, PG. 2922 OF
THE GUILFORD COUNTY REGISTER OF DEEDS.
MAP REFERENCE(S):
P.B. 175, PG. 63
P.B. 175, PG. 64
P.B. 175, PG. 65
CERTIFICATE OF OWNERSHIP AND DEDICATION
(PIN NUMBERS (PIN NUMBERS 7739500530 & 7739510219):
The undersigned hereby acknowledge that the land shown on this plat is within the subdivision
regulation jurisdiction of the Board of Commissioners of Guilford County and this plat and allotment
to be our free act and deed and hereby dedicate(s) to public use as streets and easements, forever
all areas so shown or indicated on said plat.
Date EMH Farm, LLC (Representative)
CERTIFICATE STATING NO APPROVAL IS REQUIRED BY DIVISION OF HIGHWAYS OF THE NCDOT:
This plat does not require certificate approval by the Division of Highways as provided in N.C.G.S.
136-102.6, subsection (g).
Date Planning Director
STATE OF NORTH CAROLINA
COUNTY OF GUILFORD
Filed for registration at
Office. Recorded in P.B.
Register of Deeds
FEMA FLOOD STATEMENT:
THE AREA REPRESENTED BY THIS
PLAT IS NOT LOCATED IN A
SPECIAL FLOOD HAZARD AREA
(SFHA) ACCORDING TO FEMA MAP
NUMBER(S) 3710773900J, ZONE(S):
X, DATED: JUNE 18, 2007. (SEE
GENERAL NOTE 6)
CONSERVATION EASEMENT
ACREAGE DATA:
CONSERVATION
PORTION OF PIN:
26.81 ACRES±
EASEMENT AREA 1
7739500530 AND
26.81 ACRES±
PIN:7739510219
TOTAL CONSERVATION EASEMENT 1
EXCLUDING ALL EASEMENTS AND
26.81 ACRES±
RIGHT-OF-WAYS BY COORDINATE
COMPUTATION
EMH FARM LLC.
D.B. 7037, PG. 2922
e1 so ISS
EIP S88°01'42"W — — _ _ _ _ _ N84°07'05"W
521.17' _
— — — — (TIE DOWN) 668.63 — — — _ _ _ _ ISS O
I (TIE DOWN) N37°45'39"E
I EMH FARM LLC. 47.24 ss ISS
S84°07'05"E
D.B. 3277 PG. 377 44214'
I D.B. 7037, PG. 2922
Al
SO4°00'18"W
I PIN No. 7739510219
° 1' P�
S33°31'25"W ISS
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56.24'
Oa ISS
I _ _ PROPERTY LINE PER GUILFORD COUNTY GIS (D.B.
NOTE:
3277 P
_ G 377)
PIN No. 7739510219 IS A PART
AA,
'�
OF p.g. 7037, PG. 2922
— — °j
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CONSERVATION
;
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I
M. 2022 in the Register of Deeds I as ISS
UT-2
I 12" CPP
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PG. I 102.98' �N
I 30 ISS 3z I$$
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129 ISS N31°11'42"E N82°30'24"E
ISS s1 55.31' (TIE DOWN) 97.38 zz �E-1
By I N65°38'31"E ISS N29°51'54"W
95.76' 88.56'
N44°33'30"E
zs ISS 54 ISS
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,.' , 88 51,
^
STATE OF NORTH CAROLINA
E=1,735,006.0782 1p 21 ISS 7s
COUNTY OF GUILFORD EMH FARM LLC. o ISS, REFERENCE POINT 0 4'ss° sss,
D.B. 7037, PG. 2922 a ca ONLY (SUITABLE FOR ISS z3
^' GNSS OBSERVATION) S22°19'54"W
I, Review Officer of Guilford County, certify that the map or plat to CD ISS
which this certification is affixed meets all statutory requirements for recording. 111.49' zo
S43°46'45"W
87 10' ISS z4 EMH FARM LLC.
S71°19'34"W D.B. 7037, PG. 2922
15" CPP
Date Review Officer
SURVEYORS CERTIFICATIONS
Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands, hazardous material
sites, underground utilities or any other features above, or below ground other than those shown.
However, no visible evidence of cemeteries or utilities, aboveground or otherwise, was observed by
the undersigned (other than those shown).
I certify that this survey is of another category, such as the recombination of existing parcels, a
court -ordered survey, or other exemption or exception to the definition of subdivision (conservation easement).
I JOHN A. RUDOLPH , certify that this plat was drawn under my supervision from an actual survey
made under my supervision (deed description recorded in Book SEE. Page REFS. etc.) (other);
that the boundaries not surveyed are clearly indicated as drawn from information from in Book____
page____; that the ratio of precision or positional accuracy as calculated is 1/10,000+; that this plat
was prepared in accordance with G.S. 47-30 as amended. Witness my original signature, license
number and seal this 26th day of September, A.D., 2022.
SEAL OR STAMP
L-4194
Professional Land Surveyor License Number
"PRELIMINARY PLAT"
NOT FOR RECORDATION,
CONVEYANCES OR SALES
E-3(DITCH)J a 3ulp
I
N77°23'40"W
105.63'
1s ISS
S51 °28' 13"W
104.44'
ISS n
ISS 1a
1s ISS
S80°2339"W
68' DUKE
e 7 PROGRESS
RIGHT OF WAY
30' DUKE PROGRESS
—RIGHT-OF-WAY (OVERHEAD
LINES NOT SHOWN)
I
I ACCESS EASEMENT 1
NEW 20' WIDE NON-EXCLUSIVE
ACCESS EASEMENT (10' ON EACH
SIDE OF CENTERLINE) FOR
INGRESS, EGRESS & REGRESS
TO CONSERVATION EASEMENTS
(AREA = 0.01 ACRES± BY
COORDINATE COMPUTATION)
S 53
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zs EIP sz
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(LOCATED ON
RIGHT OF WAY
OR N.C.S.R. 1129)
HEDGECOCK
D.B. 3277, PG. 374
w
w
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PROGRESS
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I
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ACCESS EASEMENT 1
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NEW 20' WIDE NON-EXCLUSIVE
0 m I
ACCESS EASEMENT (10- ON EACH
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SIDE OF CENTERLINE (L7)) FOR
" (j
z z
INGRESS, EGRESS & REGRESS
���
Z
0
TO CONSERVATION EASEMENT z
ISS L7 ISS 53
0
FROM RAN (AREA = 0.01 ACRES±
L4
C9
BY COORDINATE COMPUTATION)
(HATCHED IN GRAY) 13
ISS Up
p
E2 \
O
112" RCP
INSET "A"
50 25' 0 50'
GRAPHIC SCALE 1" = 50'
LINE DATA ALONG
CONSERVATION
EASEMENT AREA 1
LINE
BEARING
DISTANCE
L1
N79°55'56"E
135.07'
L2
S80°46'10"E
78.33'
L3
S03°21'38"W
141.66'
L4
S03°21'38"W
14.24'
L5
SO4°24'50"W
320.86'
L6
SO4°37'33"W
173.44'
L7
N86038'22"W
15.32'
It
ISS - IRON STAKE SET
ECM - EXISTING CONCRETE MARKER
EIP - EXISTING IRON PIPE
ERRR - EXISTING RAILROAD RAIL
PTI - PINCHED -TOP IRON
EA - EXISTING AXLE
EDS - EXISTING DRIVE SHAFT
EMN - EXISTING MAG NAIL
EDS - EXISTING DRIVE SHAFT
CPP - CORRUGATED PLASTIC PIPE
EMN - EXISTING MAG NAIL
MNS - MAG NAIL SET
EIS - EXISTING IRON STAKE
EPP - EXISTING PUMP PIPE
PPS - PUMP PIPE SET
NMC - NON-MONUMENTED CORNER
RAN - RIGHT OF WAY
EOP - EDGE OF PAVEMENT
UT - UNNAMED TRIBUTARY
E-EPHEMERAL
PB - PLAT BOOK
D.B. - DEED BOOK
PG. - PAGE
- NON-MONUMENTED CORNER
UNLESS OTHERWISE NOTED
O - No. 5 REBAR FLUSH WITH
GRADE WITH YELLOW
PLASTIC CAP INSCRIBED:
"CONSERVATION EASEMENT"
CONSERVATION EASEMENT
LINE
— — — — — TIE DOWN LINE
— ADJOINER OR RAN LINE
DUKE PROGRESS
ENERGY EASEMENT
CORNER
DESCRIPTIONS
CORNER
DESCRIPTION
No. 5 REBAR FLUSH WITH GRADE WITH AYELLOW
1OTHRU zs
PLASTIC CAP INSCRIBED: "CONSERVATION
EASEMENT"
z7
1.0" O.D. PINCHED -TOP IRON 0.4' ABOVE GRADE
No. 5 REBAR FLUSH WITH GRADE WITH AYELLOW
z8 THRU 3s
PLASTIC CAP INSCRIBED: "CONSERVATION
EASEMENT"
50
No. 5 REBAR FLUSH WITH GRADE
51
0.5" O.D. IRON PIPE 0.4' BELOW GRADE
5z
1.0" O.D. IRON PIPE 0.1' BELOW GRADE
53
No. 5 REBAR FLUSH WITH GRADE
54
No. 5 REBAR WITH BLUE PLASTIC CAP
INSCRIBED: "K2 DESIGN CONTROL POINT" FLUSH
WITH GRADE SUITABLE FOR GNSS
OBSERVATIONS
DATUM DESCRIPTION
THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PLAT IS BASED
ON NORTH CAROLINA STATE PLANE COORDINATES ESTABLISHED BY USING
THE NORTH CAROLINA REAL TIME NETWORK (VRS).
ISS 54 NC GRID COORDINATES NAD 83 (2011)
N=790,197.0497'
E=1, 735, 006.0782'
THE AVERAGE COMBINED GRID FACTOR USED ON THIS PLAT IS 0.99991225924
(GROUND TO GRID) OR 1.00008774076 (GRID TO GROUND). THE N.C. LAMBERT
GRID BEARING AND LOCALIZED HORIZONTAL GROUND DISTANCE FROM
ISS 54 TO ISS 22 IS N82°30'24"E 97.38 FEET.
ALL LINEAR DIMENSIONS ARE LOCALIZED HORIZONTAL DISTANCES.
GEOID-2012B CONUS
GNSS RECEIVER - TOPCON HIPER HR WITH MINIMUM TIME OF
220 SECONDS COMPLETED DURING JUNE OF 2022.
1) THERE ARE CREEKS AND WETLANDS ON SITE THAT WERE NOT LOCATED NOR SHOWN.
2) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES
3) SITE CONSISTS OF PASTURE AND WOODLANDS.
4) ALL COORDINATES SHOWN ARE NORTH CAROLINA STATE PLANE COORDINATES,
NAD '83(2011).
5) CONSERVATION EASEMENT RUNS WITH AND ALONG THE WESTERN EDGE OF
DUKE PROGRESS 30' RIGHT-OF-WAY.
6) A NON -ENCROACHMENT AREA (NEA), NOT SHOWN ON THE EFFECTIVE FIRM MAP, EXISTS WITHIN THE FLOODPLAIN BASED ON
CROSS-SECTIONALAND DIMENSIONAL INFORMATION IN THE LIMITED DETAIL FLOOD HAZARD DATAAVAILABLE FROM FRIS.
THE NEA SERVES AS THE SAME FUNCTION AND ADHERES TO THE SAME FLOODWAY RULES.
SHEET 1 OF 1
CONSERVATION EASEMENT FOR
CLEARWATER HOLDINGS I, LLC
OVER A PORTION OF THE LANDS RECORDED IN
D.B. 3277, PG. 377 AND D.B. 7037 PG. 2922
(PIN NO.'S 7739500530 & 7739510219)
(CURRENT OWNER: EMH FARM, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY)
JAMESTOWN TOWNSHIP GUILFORD COUNTY NORTH CAROLINA
(THE FIELD SURVEY TOOK PLACE DURING JUNE 2022)
200 100 0 200 400 600
GRAPHIC SCALE 1 " = 200'
CASE NUMBER 22-XX-XXXX-XXXX

AGREEMENT TO ESTABLISH THE EMH FARM MITIGATION BANKING
INSTRUMENT IN THE RANDLEMAN LAKE WATERSHED RIVER BASIN FOR
RIPARIAN BUFFER MITIGATION CREDITS PURSUANT TO THE RANDLEMAN
LAKE WATER SUPPLY NUTRIENT STRATEGY
TABLE OF CONTENTS
i.
PREAMBLE.........................................................................................................................2
II.
LOCATION AND GEOGRAPHIC SERVICE AREA ...................................................
2
III.
AUTHORITIES..................................................................................................................
3
Iv.
ESTABLISHMENT OF THE BANK PARCELS.............................................................3
V.
BANK PARCEL DEVELOPMENT PACKAGE.............................................................4
Property Disposition & Long Term Management for Each Bank Parcel .............................5
Financial Assurances for Each Bank Parcel...........................................................................5
vi.
POST CONSTRUCTION DOCUMENTATION FOR EACH BANK PARCEL ..........
6
As -Built Report ......................................................................................................................6
Financial Assurances for each Bank Parcel...........................................................................6
Monitoring and Maintenance.................................................................................................7
Contingency Plans/Remedial Actions....................................................................................8
vii.
CALCULATION OF MITIGATION CREDITS FOR EACH BANK PARCEL ..........
8
RiparianBuffer Credits..........................................................................................................8
vIII.
CREDIT RELEASE SCHEDULE.....................................................................................9
Ix.
PROCEDURE FOR DEBITING AND CREDITING....................................................10
CreditLedger.......................................................................................................................10
CreditProcessing.................................................................................................................10
Mitigation Credit Transfer Certificates................................................................................10
X.
BANK PARCEL CLOSURE............................................................................................11
Xi.
GENERAL PROVISIONS FOR EACH BANK PARCEL............................................11
ATTACHMENTS
A Division of Water Resources Authority Document
B Rule Text 15A NCAC 02B .0295 (Effective November 1, 2015)
C EMH Farm Buffer Ledger Template

L PREAMBLE
This Clearwater EMH Farm Mitigation Banking Instrument ("Instrument") regarding the
establishment, use, operation, and maintenance of mitigation of the EMH Farm Mitigation Bank
Parcel (`Bank Parcel") to provide Randleman Lake Riparian Buffer mitigation credits ("Riparian
Buffer Credits") is made and entered into by and among Clearwater Mitigation Solutions, LLC,
acting as the Bank Sponsor ("Sponsor"), and the North Carolina Department of Environment and
Natural Resources — Division of Water Resources ("DWR"). This Instrument is in accordance
with the Consolidated Mitigation Rule 15A NCAC 02B .0295, which became effective
November 1, 2015 (Attachment B).
The purpose of this Bank is:
A. To restore and preserve riparian vegetation adjacent to streams and/or agricultural ditches with
the intent to improve water quality within the Randleman Lake Watershed.
B. To convert agricultural land uses within riparian areas adjacent to streams, ponds, and/or
agricultural ditches into a dense, hardwood vegetated state with the intent to significantly reduce
nutrient loadings associated with agricultural practices into streams and ditches.
C. To provide mitigation and sell any resulting Riparian Buffer Credits to third parties in the
Randleman Lake Watershed, for development (both existing and proposed) requiring such
mitigation.
IL LOCATION AND GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area ("GSA") is the designated area wherein a Bank can reasonably be
expected to sell Riparian Buffer Credits and/or Nutrient Offset Credits for impacts due to
development activities.
B. The GSA for this Instrument is limited to the Randleman Lake Water Supply Watershed, in the
Cape Fear River Basin.
C. Sale or transfer of Riparian Buffer Credits shall be limited to the Randleman Lake Water Supply
Watershed as defined in rule 15A NCAC 2B .0724, unless otherwise authorized by the DWR or
delegated local government in accordance with 15A NCAC 02B .0295.
D. The following table provides site -specific details of the Bank Parcel proposed under this Instrument,
which is within the Randleman Lake Watershed (8-digit HUC 03030003):
Table 1.0 — Site -specific Details
Bank Parcel
County
14-Digit USGS
DWR Project #
Project
Named Receiving
Primary Land
Name
HUC
Location
Stream
Use/s
EMH Farm
Guilford
03030003010070
2022-1493v1
35.9194°N
UT to Randleman
Lake
Cattle Pasture
-79.8941°W
2

IILAUTHORITIES
A. The Bank will be used to provide Riparian Buffer Credit in accordance with the requirements in
the DWR Authority document referenced herein as "Attachment A" and attached to this
Instrument.
B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Attachment A and any new approved North Carolina ("State") statutes and rules
for the Randleman Lake Water Supply Watershed.
C. The selling of mitigation credits generated from the Bank Parcel approved under this Instrument,
shall be consistent with approved State statues and rules for the Randleman Lake Water Supply
Watershed.
D. All mitigation activities proposed under this Instrument and corresponding Bank Parcel
Development Package (BPDP) to generate Riparian Buffer Credits shall be consistent with
approved North Carolina ("State") statutes and rules for the Randleman Lake Water Supply
Watershed that are in place at the time a complete Plan is submitted to DWR.
ESTABLISHMENT OF BANK PARCEL
A. In accordance with 15A NCAC 02B .0295, DWR has provided a "Site Viability Letter" for the
Bank Parcel proposed under this Instrument. The site viability letter is not an approval of the site
to generate Riparian Buffer Credits, but is a preliminary review of the Bank Parcel that details and
confirms existing land -use conditions, defines the riparian sites (Enhancement, Preservation or
Restoration), and identifies features (streams, ditches, ponds, etc.) that meet general criteria to be
suitable to generate Riparian Buffer Credits. Table 2.0 below outlines when a Site Viability Letter
was issued by DWR for the mitigation site proposed under this Instrument:
Table 2.0 — Site Viability Letter
Bank Parcel
NC DWR Site Visit
Viability Letter
Received
Viability Letter
Expiration Date
EMH Farm
September 16, 2021
September 24, 2021
September 24, 2023
B. A valid Site Viability Letter is required prior to submittal of the Plan. Site Viability Letters
will either expire on the dates listed in the table above or upon the submittal of an
individual As -Built Report to the DWR, whichever comes first. If the Site Viability Letter
expires prior to submittal of a complete Plan as described in Section V to DWR, then the
Sponsor must submit a formal request to DWR for a new Site Viability Letter for that
Bank Parcel.
C. The Bank Parcel proposed for inclusion under this Instrument shall require a BPDP be
submitted to, and approved by, the DWR prior to use of the individual Bank Parcel for
mitigation purposes or for any sale or transfer of any associated credits. The contents of the
Plan are provided in Section V.
D. The BPDP submitted under this instrument will be placed on public notice and made available
for public commenting for 15 calendar days.
3

E. The Bank Parcel is intended to provide Randleman Riparian Buffer Credit as follows:
1. Planting hardwood trees and shrubs on a Restoration Site as defined in 15A NCAC 02B
.0295(b) adjacent to mitigated streams.
2. Maintaining a Preservation Site as defined in 15A NCAC 02B .0295(b) by placing a
conservation easement around riparian areas along streams as allowed by 15A NCAC
02B .0295 (o).
3. Enhancing riparian areas that are being grazed by cattle by installing fencing to
permanently excluding cattle from the streams and their associated riparian areas as
allowed in 15A NCAC 02B .0295 (o)(6).
4. Diffused flow will be maintained onsite to the maximum extent practicable.
IV. BANK PARCEL DEVELOPMENT PACKAGE
A. All Bank Parcel Development Packages (BPDP) submitted under this Instrument shall be
submitted to DWR for review and must be approved by DWR prior to any construction on
the Bank Parcel. The BPDP must describe any changes that have occurred to the site
between the date of the Site Viability Letter and the date the BPDP is submitted to DWR.
The BPDP shall include detailed information consistent with the sections below
concerning; 1) site location (14-digit HUC is required); 2) existing conditions with current
photos; 3) proposed buffer mitigation and nutrient offset activities including a detailed
vegetation plan; 4) monitoring and maintenance plans; 5) financial assurances; 6)
associated buffer mitigation/nutrient credit calculations, which shall include credit
generation, service area, and accounting as appropriate for each regulatory authority; 7)
stream buffer determination letter from DWR; 8) Site Viability Letter from DWR; and 9)
service area figure for each mitigation type.
B. The Sponsor will obtain all applicable federal, state and local documentation, permits, or
authorizations needed to construct and maintain the Bank Parcel. This Instrument does not
qualify as, or substitute for, such documentation, permit, or authorization.
C. Any restoration and/or enhancement activities or proposed construction within the
riparian buffers and other riparian areas on the Bank Parcel to produce Riparian Buffer
Credit must be approved by DWR in writing prior to implementation. The failure of the
Sponsor to comply with this requirement may result in a revised or reduced credit
release schedule for that specific Bank Parcels..
D. Requests for deviation from the approved BPDP must be submitted to DWR in writing.
Written approval from the DWR must be received prior to implementing any deviation
from the approved BPDP.
N

Property Disposition & Long -Term Management for Each Bank Parcel
E. Prior to the release of any credits, the Sponsor shall record permanent conservation easements
at the County Register of Deed's office in the county in which the Bank Parcel is located that
is sufficient to ensure protection, operation, and maintenance of restored riparian buffers and
other riparian areas for the duration specified in the approved BPDP.
F. The form of the conservation easement shall be consistent with the standards employed
by the State of North Carolina in the protection of restored riparian buffers and riparian
areas and shall be approved by the DWR and Army Corps of Engineers (ACOE) prior
to the release of any credits.
G. The Sponsor shall not grant additional easements, right of ways, or any other property interest
in or to the project areas, without prior approval from the DWR.
H. The Sponsor agrees to transfer or assign the conservation easement and its interests in
perpetuity to a qualified holder under NC General Statute ("GS") 121-34 et seq. and
170(h) of the Internal Revenue Code prior to the submittal of the Year 4 Monitoring
Report. The holder shall be a land trust or stewardship program that will hold and
enforce the conservation easement and the interests in perpetuity. The Sponsor shall
choose a land trust or stewardship program that is accredited by the Land Trust
Accreditation Commission and/or has been approved by DWR prior to the end of the
fourth year monitoring period. A land trust must be certified under 501(c)(3) of the
Internal Revenue Code.
I. In the event the Sponsor is also the owner of the underlying fee interest in the
property the conveyance of the conservation easement to a land trust or stewardship
fund must be arranged at the outset of the approved BPDP.
Financial Assurances for Each Bank Parcel
J. Following approval of the BPDP, the Sponsor shall provide
Performance/Maintenance Bonds from a surety company that is rated no less than an
"A-" as rated by A.M. Best, to construct the sites according to the approved BPDP5.
It is the Sponsor's responsibility to confirm that the surety company is rated no less
than an "A-" with each annual bond renewal.
K. The amount of each Performance Bond shall be 100% of the estimated cost for
implementation of the mitigation activities of the Bank Parcel as described in the approved
BPDP. No bond shall be less than $150,000.00 to cover construction costs.
L. Alternatively, in lieu of posting a Performance Bond, the Sponsor may elect to construct the
project prior to the first credit release.
M.For each Bank Parcel, once DWR has released all credits for completion of all the
items listed below, then the Bank Sponsor will be released from its performance
obligations under the performance bond required in Item J and K of this section:
1. Instrument and BPDP Approved by DWR, Conservation Easement Recorded,
Financial Assurance Posted;
5

2. Mitigation Site Earthwork and Planting and Installation of Monitoring Devices
Completed;
3. As -Built Report as described in Section VI has been received by DWR; and
4. DWR has submitted a written approval of the As -Built Report
N. To comply with this section, DWR must be the Obligee on all performance bonds.
VI. POST CONSTRUCTION DOCUMENTATION FOR EACH BANK PARCEL
As -Built Report
A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of
this Instrument and corresponding BPDPs, to establish, maintain, and monitor Randleman
Lake Riparian Buffers or other riparian areas until Items B (1) and (2) of Section X have
been satisfied.
B. When all buffer mitigation activities have commenced, the Sponsor will submit an as -built
plan and report for each Bank Parcel separately within 30 calendar days after completing the
riparian buffer mitigation activities. Each As -Built report will describe any deviation from the
approved BPDP and will document the following:
Buffer restoration and enhancement planting details, confirmation of fence
installation, invasive species control, monitoring device locations, vegetation plot
locations, and photo point locations.
2. Provide confirmation that the construction of all stream and wetland mitigation
activities have been completed.
3. Boundary Survey of the conservation easement area, signed and sealed by a licensed
surveyor, including an inventory of the final mitigation areas for riparian buffer
mitigation credits in both square feet and acres.
4. As -built map of the mitigation area showing where riparian restoration, enhancement
and preservation were performed and any deviations to the Bank Parcel from what was
approved in the BPDP.
5. Aerial map of the mitigation that was included in the approved BPDP.
Financial Assurances for each Bank Parcel
C. After completion of the restoration/construction on each Bank Parcel, a separate
Performance/ Maintenance Bond will be secured for 100% of the estimated cost to implement
the monitoring and maintenance plan as described in the approved BPDP and As -Built
Report. The Bond must be from a surety company that is rated no less than an "A-' as rated
by A.M. Best, and it is the Sponsor's responsibility to confirm the surety company is still
rated no less than an "A-" with each annual bond renewals.
D. A Performance/Maintenance Bond shall be secured each year for a minimum of five years,
and until DWR has released all mitigation credits to the Bank Sponsor. Upon DWR approval,
the bond may be lowered each year based on the adjusted cost to complete the monitoring.
No bond shall be less than $100,000 to cover monitoring and maintenance costs.
0

E. For each Bank Parcel, once DWR has released 100% of all credits for completion of all
Bank Parcel milestones described in Table 5 of Section VIII and in the corresponding
BPDP, the Bank Sponsor will be released from its performance obligations under the
performance bond required in C and D in this section.
F. To comply with this section, DWR must be the Obligee on all performance bonds.
Monitoring and Maintenance
G. The Sponsor shall monitor the Bank Parcel as described in the BPDP until such time
as DWR determines that the performance standards described below have been met.
The monitoring period shall be a minimum of five consecutive years.
H. Performance Standards for Vegetation: Native hardwood trees or native hardwood
tree and shrub species should be planted at a density sufficient to provide 260 stems
per acre after five years. A minimum of four (4) native hardwood trees or four (4)
native hardwood tree and shrub species must be planted. No one species shall be
greater than 50% of the planted stems. A list of species for planting will be detailed
in the BPDP for approval. Native hardwood tree volunteer species may be included
to meet performance standards as determined by the DWR.
L A "stem" means a woody seedling, sapling, shrub or tree, no less than 10 centimeters
in height.
J. If the performance standards of the vegetation are not met, supplemental plantings
may be required. Supplemental plantings will be utilized until the required densities
have been achieved and maintained for five years. Bank Parcel maintenance, such as
ensuring diffused flow, managing invasive species, and pest control will be included
in the BPDP.
Monitoring Reports for Riparian Buffer Credit
K. Reporting criteria of the vegetation shall be based on the Carolina Vegetation Survey
(CVS) - EEP Protocol for Recording Vegetation Level 2 Plot Sampling only version
4.0 or any updated versions of this protocol in place at the date of acceptance of the
BPDP. The Sponsor shall submit to the DWR an annual monitoring report no later
than December 31 of each year for a minimum of five consecutive years after the first
full growing season. This report will describe the conditions of the Bank Parcel,
including an evaluation of the performance standards of the vegetation contained
within the approved BPDP. Reports shall contain the following:
I. A U.S. Geological Survey map showing location of the Bank Parcel;
2. A detailed narrative with supporting photos summarizing the condition of the Bank
Parcel along with any maintenance or remediation performed that year; and
3. A map, survey, or other figures showing locations of sampling plots, permanent photo
points, and location of transects, Etc.; and
4. Monitoring data, including specific vegetation counts showing that the trees or tree
and shrub species planted are meeting performance standards and updated
photographs; and
5. A copy of the most recent Bank credit/debit lodgers; and
7

6. Corresponding verification letters from designated local governments upon
request; and
7. Corresponding Mitigation Transfer Certificates upon request; and
8. Proof of performance bond renewal to cover the next monitoring year (when
applicable).
Contingency Plans/Remedial Actions
L. In the event a Bank Parcel fails to achieve the performance criteria described in this
Instrument and in the approved BPDP, the Bank Sponsor shall develop necessary
contingency plans in coordination with the DWR and implement appropriate
remedial actions for the Bank Parcels and the Bank. Depending on the degree of
remedial actions required, the DWR may modify the monitoring period.
VIL CALCULATION OF MITIGATION CREDITS FOR EACH BANK PARCEL
Riparian Buffer Credits
A. All Riparian Buffer Credits shall be determined based on the ratios and percentages provided
in 15A NCAC 02B .0295 (m) and (n).
B. Riparian buffer restoration on the Bank Parcel covered under this Instrument, as defined
in 15A NCAC 02B .0295 and can be used for Riparian Buffer Credit.
C. Riparian buffer enhancement on the Bank Parcel covered under this Instrument , as
defined in 15A NCAC 02B .0295, can only be used for Riparian Buffer Credit.
D. Riparian buffer preservation on the Bank Parcel covered under this Instrument , as
defined in 15A NCAC 02B .0295and described in 15A NCAC 02B .0295 (o)(5) can
only be used for Riparian Buffer Credit.
E. Riparian Buffer Credit is defined as one (1) buffer credit per one square foot or 43,560 buffer
credits per one acre.

VIII. CREDIT RELEASE SCHEDULE
A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent
approval by DWR, it is agreed that the mitigation credits associated with each
individual Bank Parcel will become available for sale to a third party in accordance
with Credit Release Schedules.
B. A Credit Release Schedule shall be provided in each site -specific BPDP included in
this Instrument and shall outline Bank Parcel milestones expected to be completed for
each mitigation bank. Credit Release Schedules approved in the BPDP will be based
on the completion of these Bank Parcel milestones.
C. In general, Bank Parcel milestones and the percentage of credits most often released upon
completion are described in Table 5.0 below:
Table 5.0 - Credit Release Schedule for Riparian Buffer Offset Credits
Task
Project Milestone
% Credit Available
for Sale
1
Instrument and BPDP Approved by DWR Conservation
20
Easement Recorded* andFinancial Assurance Posted
2
Mitigation Site Earthwork, Planting and Installation of
20
Monitoring Devices Completed
3
Monitoring Financial Assurance Posted and Approval of As-
10
Built Report
Monitoring Report 91: Approved by the DWR** &
4
financial assurance renewed
10
Monitoring Report 92: Approved by the DWR** &
5
financial assurance renewed
10
Monitoring Report 93: Approved by the DWR** &
6
financial assurance renewed
10
Item B(1) of Section X in this Instrument has been completed
and approved by DWR
5
No remaining credits will be released until the conservation easement has been assigned
to an approved land trust or stewardship
Monitoring Report 94: Approved by the DWR** &
5
financial assurance renewed
9
Monitoring Report 95: Approved by the DWR** and final site
10
visit by DWR has been conducted
Total
100%
* For specification, please see Section V in this Instrument
** DWR approval provided upon a determination that the site is meeting success criteria contained
within the approved BPDP.
D. DWR may modify Credit Release Schedules based on the information submitted or the
order in which required information is received. DWR will notify the Sponsor of any
modification to the credit release schedule.
E. DWR may consider a Credit Release Schedule for a Bank Parcel based on the extent of
change between current onsite conditions and proposed post construction conditions.
0

IX. PROCEDURE FOR DEBITING AND CREDITING NHTIGATION CREDITS
Credit Ledger
A. The Bank Sponsor shall maintain one credit ledger for each mitigation type for each Bank
Parcel under this Instrument: Credit ledgers shall provide the accounting for Riparian
Buffer Credits in square feet and acres.
B. Each credit ledger shall be submitted on a separate 8 Y2 in. x 1 lin. spreadsheet with
legible font style and font size. All ledgers shall be submitted using the templates provided
in Attachment C of this Instrument or any updated versions to these templates as provided
by DWR.
Credit Processing
C. Riparian Buffer Credits generated on these Bank Parcels will be used to provide
mitigation for authorized buffer impacts within the Randleman Lake Watershed in
accordance with 15A NCAC 02B .0295 (g).
D. Riparian Buffer Restoration, Enhancement and Preservation credits generated on these two
(2) Bank Parcels are not transferrable into nutrient offset credits.
E. The Bank Sponsor shall obtain written verification of buffer mitigation required from
the delegated local government in the Randleman Lake Watershed or DWR prior to
debiting Riparian Buffer Credit from the individual Bank Parcel.
F. All credit and debit transactions for each Bank Parcel under this Instrument shall be
accurately depicted in the credit ledgers. The Sponsor shall submit accurate and up-to-
date credit ledgers for each Bank Parcel by the tenth (loth) of each month. At a
minimum and only upon request, DWR shall receive a hard copy of updated credit
ledgers along with corresponding Mitigation Credit Transfer Certificates and all
corresponding letters from the designated local governments or DWR where applicable
once a year. Notification of all credit sales shall be provided to DWR until all credits
that have been released have been sold.
Mitigation Credit Transfer Certificates
G. All credit sales will include a Mitigation Credit Transfer Certificate ("Certificate") that is
required to be provided to the buyer of Riparian Buffer credits, that will include, at a
minimum, the following information;
1. Bank Details: (1) Sponsor Name, (2) Bank Parcel name as it appears in this
Instrument and, (3) DWR project number for the BPDP as it appears in Table 1.0.
2. Credit Details: (1) date of receipt, (2) identify if full or partial payment„ and (3))
amount of Riparian Buffer Credits purchased in square feet and the confirmation
from DWR or the local government of the amount required.
10

3. Project Details: (1) project name as it appears on DWR or local government permits
and/or certifications, (2) 14-digit HUC, (3) river basin, (4) nutrient strategy
applicable to the project with impacts, and/or (5) DWR authorization number
or delegated local government requiring Riparian Butter Credits for this
project.
H. If the DWR determines the Bank is operating at a deficit (e.g. the Sponsor is closing
on sales and/or transferring credit that is not available), or the Bank is selling
credits out of compliance with statutes, rules or this Agreement, the sale/transfer
of credits will immediately cease, and the DWR, in consultation with the Sponsor,
will determine what remedial actions are necessary.
X. BANK PARCEL CLOSURE
A. Bank Parcel Closure shall be identified as the event when the Sponsor is relieved
of all its responsibilities to the Bank Parcel and there are no mitigation credits left
to sell.
B. Bank Parcel Closure shall commence only after all the following events have
occurred;
1. Transfer or assign the conservation easement and all its interests, in perpetuity, to a
land trust or stewardship program as described in Section V of this instrument.
2. All five years of monitoring completed and all monitoring reports
submitted and approved by DWR.
3. All credits have been released and debited and updated ledgers showing
zero credit balances have been submitted and approved by DWR.
Xl. GENERAL PROVISIONS FOR EACH BANK PARCEL
A. Upon the presentation of proper credentials, and during normal business hours, the
Sponsor and the landowner shall grant permission to the Director of DWR, or an
authorized representative of the Director of DWR to enter the property containing
the Bank Parcel(s).
B. Amendments: This Banking Instrument may be amended or modified only with written
approval of all signatory parties, including the USACE if it is applicable to the amendment.
C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument or any
other agreement referenced in this Instrument to a third party must be approved by
DWR prior to the transfer.
D. Force Majeure: After 100% of all the credits have been released in accordance with
the credit release schedule in the BPDP and confirmation has been received by the
DWR that the Conservation Easement has been successfully assigned in compliance
with Item H of Section V, the Sponsor will not be responsible for Bank failure that
is attributed to natural catastrophes including but not limited to flood, drought,
disease, regional pest infestation, etc. that are beyond the control of the Sponsor.
11

E. However, if an event occurs before 100% of all the credits have been released in
accordance with the credit release schedule in Section VIII, the Sponsor shall take
remedial action to restore the property to its condition prior to the event, in a manner
sufficient to provide adequate mitigation to cover credits that were sold prior to the
occurrence of the event. Such remedial action shall be taken by the Sponsor only to
the extent necessary and appropriate, as determined by DWR and the Sponsor.
DWR must concur in writing that a force majeure event has occurred for this provision to apply.
F. Oversight: Actions taken by DWR may include, but are not limited to, the following:
1. Site visits,
2. Issuance of Site Viability Letters,
3. BPDP review and approval of items listed in Section V of this Instrument,
4. As -Built report review and approval of items listed in Section VI of this
Instrument,
5. Monitoring Report review and approval of items listen in Section VI of this
Instrument,
6. Credit Ledger review and approval of items listen in Section IX of this
Instrument,
7. Certificate review of items listed in Section IX of this Instrument and cross
analysis to credit ledgers and,
8. Information requests, file reviews and audits.
Reports, ledgers, files and other information shall be made available to DWR upon request,
unless otherwise specified in this or any other document.
G. Validity of this Instrument: This Instrument will become valid on the date of the last
party's signature.
H. Specific Language of this Instrument Shall Be Controlling: To the extent that specific
language in this document changes, modifies, or deletes terms and conditions
contained in those documents that are incorporated into the Instrument by reference,
and that are not legally binding, the specific language within the Instrument shall be
controlling.
I. Any disputes over decisions regarding this Instrument, shall be referred to the Director
of DWR for a decision. The Director's decision is subject to review as provided in
Articles 3 and 4 of G.S. 150B.
This Agreement shall be binding upon the parties and is entered into knowingly,
intelligently and voluntarily.
K. Notices: All Notices and other communication which may be or are required to be
given or made by any party to the other shall be in writing and shall be deemed to have
been properly given and received on the date delivered in person, received via email with a
delivery receipt requested, or deposited in the United States mail, registered or certified,
return receipt requested, to the addresses set out below or at such other addresses as
specified by written notice delivered in accordance herewith.
12

If to Bank Sponsor: Clearwater Mitigation Solutions, LLC
604 Macon Place
Raleigh, NC 27609
[e-mail]
If to DWR: NC Division of Water Resources - 401 & Buffer Permitting Branch
Attn: Nutrient Offset & Buffer Banking Coordinator
1617 Mail Service Center Raleigh, NC 27699-1617
L. Applicable Law: This Agreement shall be construed under the laws of the State of North Carolina.
SPONSOR NAME
By: J. Kevin Yates (Print)
(Signature)
Title: Principal
Date:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
By: (Print)
(Signature)
Title:
Date:
13

Updated
Riparian Buffer Mitigation Program September 29, 2020
Authorities for Randleman Lake Watershed
ATTACHMENT A
Authorities pertaining to the EMH Farm Mitigation Banking Instrument
All Basins
General Statutes:
G.S. §143-214.11 Ecosystem Enhancement Program
G.S. § 143-214.20-24 Riparian Buffer Protection Program
G.S. § 143-214.7 Stormwater runoff rules and programs
G.S. §143-215.8B Basinwide Water Quality Management Plans
Session Laws
S.L. 2016-94
S.L.2015-246
S.L.2015-149
S.L. 2014-90
S.L.2014-120
S.L.2013-413
S.L. 2013-121
S.L.2013-265
S.L. 2012-200 (Amendment to G.S. § 143-214.23 and G.S. § 143-215.1)
S.L. 2011-343 (Amendment to G.S. §143-214.11)
S.L. 2009- 337 (Amendment to G.S. §143-214.11)
Administrative Rules.
15A NCAC 02B .0202 Definitions
15A NCAC 02B .0223 Nutrient Sensitive Waters
15A NCAC 02B .0240 Nutrient Offset Payments
15A NCAC 02B .0295 Mitigation Program Requirements for Protection and Maintenance of Riparian Buffers
Randleman Lake Water Supply Watershed Buffer Nutrient Strategy
Session Laws
S.L.2011-394
S.L. 1999-329 (part of G.S. 143B-282)
Administrative Rules:
15A NCAC 02B .0610 Managing Activities within Riparian Buffers: Definitions
15A NCAC 02B .0611 Managing Activities within Riparian Buffers: Authorization Certificates
15A NCAC 02B .0612 Managing Activities within Riparian Buffers: Forest Harvesting Requirements
15A NCAC 02B .0724 Protection & Maintenance of Existing Riparian Buffers

Attachment B
(1) The applicant has received an authorization certificate for impacts pursuant to Rule .0233, .0243,
.0250, .0259, .0267, or .0607 of this Subchapter and is required to perform mitigation as a
condition of the authorization certificate; or
(2) The applicant has received a variance pursuant to Rule .0233, .0243, .0250, .0259, .0267, or .0607
of this Subchapter and is required to perform mitigation as a condition of a variance approval.
Any applicant covered under this Paragraph shall submit to the Authority a written mitigation proposal that
calculates the required area of mitigation and describes the area and location of each type of proposed mitigation.
The applicant shall not impact buffers until the Authority approves the mitigation plan and issues written approval.
(d) AREA OF IMPACT. The Authority shall determine the area of impact in square feet to each Zone as defined
by the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter of the proposed riparian buffer
by adding the following:
(1) The area of the footprint of the use impacting the riparian buffer;
(2) The area of the boundary of any clearing and grading activities within the riparian buffer
necessary to accommodate the use; and
(3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use.
The Authority shall deduct from this total the area of any wetlands that are subject to and compliant with riparian
wetland mitigation requirements under 15A NCAC 02H .0506 and are located within the proposed riparian buffer
impact area.
(e) AREA OF MITIGATION REQUIRED ON ZONAL MITIGATION RATIOS. The Authority shall determine
the required area of mitigation for each Zone by applying each of the following ratios to the area of impact
calculated under Paragraph d of this Rule:
Basin/Watershed
Zone 1 Ratio
Zone 2 Ratio
Neuse River Basin 15A NCAC 02B .0233
3:1
1.5:1
Catawba River Basin 15A NCAC 02B .0243
2:1
1.5:1
Randleman Lake Watershed 15A NCAC 02B .0250
3:1
1.5:1
Tar -Pamlico River Basin 15A NCAC 02B .0259
3:1
1.5:1
Jordan Lake Watershed 15A NCAC 02B .0267
3:1
1.5. 1
Goose Creek Watershed 15A NCAC O2B .0607
3:1^
The Goose Creek Watershed does not have a Zone 1 and Zone 2. The mitigation ratio in the Goose
Creek Watershed is 3:1 for the entire buffer.
(f) AREA OF MITIGATION REQUIRED ON LOCATIONAL MITIGATION RATIOS. The applicant or
mitigation provider shall use the following locational ratios as applicable based on location of the proposed
mitigation site relative to that of the proposed impact site. Locational ratios shall be as follows:
Location
Ratio
Within the 12-di it HUCA
0.75:1
Within the eight -digit HUCB
1:1
Outside of the eight -digit HUCB
2:1
Except within the Randleman Lake Watershed. Within the Randleman Lake Watershed
the ratio is 1: 1.
B Except as provided in Paragraph (g) of this Rule.
(g) GEOGRAPHIC RESTRICTIONS ON LOCATION OF MITIGATION. Mitigation shall be performed in the
same river basin where the impact is located with the following additional specifications:
(1) In the following cases, mitigation shall be performed in the same watershed where the impact is
located:
(A) Falls Lake Watershed, as defined in Rule .0275 of this Section;
(B) Goose Creek Watershed, as defined in Rule .0601 of this Subchapter;
(C) Randleman Lake Water Supply Watershed, as defined in Rule .0248 of this Section;
(D) Each subwatershed of the Jordan Lake watershed, as defined in Rule .0262 of this
Section; and
(E) Other watersheds as specified in riparian buffer protection rules adopted by the
Commission.
(2) Buffer mitigation for impacts within watersheds with riparian buffer rules that also have federally
listed threatened or endangered aquatic species may be done within other watersheds with the

Attachment B
same federally listed threatened or endangered aquatic species as long as the impacts are in the
same river basin as the mitigation site.
(h) MITIGATION OPTIONS FOR APPLICANTS. The applicant may propose any of the following types of
mitigation:
(1) Riparian buffer restoration or enhancement pursuant to Paragraph (n) of this Rule;
(2) Payment of a compensatory mitigation fee to a compensatory buffer mitigation bank pursuant to
Paragraph (i) of this Rule or payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to Paragraph 0) of this Rule. Payment shall conform to the
requirements of G.S. 143-214.20;
(3) Donation of real property or of an interest in real property pursuant to Paragraph (k) of this Rule;
(4) Alternative buffer mitigation pursuant to Paragraph (o) of this Rule; or
(5) Other buffer mitigation as approved by the Environmental Management Commission as a
condition of a variance approval.
(i) PURCHASE OF BUFFER MITIGATION CREDITS FROM A PRIVATE OR PUBLIC COMPENSATORY
BUFFER MITIGATION BANK. Applicants who choose to satisfy some or all of their mitigation by purchasing
mitigation credits from a private or public compensatory buffer mitigation bank shall meet the following
requirements:
(1) The compensatory buffer mitigation bank from which credits are purchased shall have available
riparian buffer credits approved by the Division;
(2) The compensatory buffer mitigation bank from which credits are purchased shall be located as
described in Paragraphs (e), (f), and (g) of this Rule; and
(3) After receiving a mitigation acceptance letter from the compensatory buffer mitigation bank, proof
of payment for the credits shall be provided to the Authority prior to any activity that results in the
removal or degradation of the protected riparian buffer.
0) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Applicants who choose to satisfy some or
all of their mitigation requirement by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund
shall meet the requirements of Rule .0269 of this Section. Payment made to the NC Division of Mitigation Services
(DMS) shall be contingent upon acceptance of the payment by the DMS. The DMS shall consider their financial,
temporal, and technical ability to satisfy the mitigation request to determine whether they shall accept or deny the
request.
(k) DONATION OF PROPERTY. Applicants who choose to satisfy their mitigation requirement by donating real
property or an interest in real property to fully or partially offset an approved payment into the Riparian Buffer
Restoration Fund pursuant to Paragraph 0) of this Rule shall do so in accordance with 15A NCAC 02R .0403.
(1) MITIGATION SITE REQUIREMENTS FOR APPLICANTS AND MITIGATION PROVIDERS. For each
mitigation site proposed by an applicant or mitigation provider under Paragraphs (n) or (o) of this Rule, the
Authority shall identify functional criteria to measure the anticipated benefits of the mitigation to the adjacent water.
The Authority shall issue a mitigation determination that specifies the area, type, and location of mitigation and the
water quality benefits to be provided by the mitigation site. All mitigation proposals shall meet the following
criteria:
(1) The location of the buffer mitigation site shall comply with the requirements of Paragraphs (f) and
(g) of this Rule. In the Catawba watershed, buffer mitigation may be done along the lake
shoreline as well as along intermittent and perennial stream channels throughout the watershed.
(2) The mitigation proposal shall include a commitment to provide:
(A) a perpetual conservation easement or similar preservation mechanism to ensure perpetual
stewardship that protects the mitigation site's nutrient removal and other water quality
functions;
(B) a non -wasting endowment or other dedicated financial surety to provide for the perpetual
land management and hydrological maintenance of lands and maintenance of structures
as applicable; and
(C) financial assurance in the form of a completion bond, credit insurance, letter of credit,
escrow, or other vehicle acceptable to the Authority payable to, or for the benefit of, the
Authority in an amount sufficient to ensure that the property is secured in fee title or by
easement, and that planting or construction, monitoring and maintenance are completed
as necessary to meet success criteria as specified in the approved mitigation plan. This
financial assurance obligation shall not apply to the NC DMS.

Attachment B
(3) Diffuse flow of runoff shall be maintained in the riparian buffer. Any existing impervious cover
or stormwater conveyances such as ditches, pipes, or drain tiles shall be eliminated and the flow
converted to diffuse flow. If the applicant or mitigation provider determines that elimination of
existing stormwater conveyances is not feasible, then they shall include a justification and shall
provide a delineation of the watershed draining to the stormwater outfall and the percentage of the
total drainage by area treated by the riparian buffer with the mitigation plan specified in Paragraph
(n) or (o) of this Rule for Authority approval. During mitigation plan review and approval, the
Authority may reduce credit proportionally.
(4) Sewer easement within the buffer. If the proposed mitigation site contains a sewer easement in
Zone 1, that portion of the sewer easement within Zone 1 shall not be suitable for buffer
mitigation credit. If the proposed mitigation site contains a sewer easement in Zone 2, the portion
of the sewer easement in Zone 2 may be suitable for buffer mitigation credit if.
(A) the applicant or mitigation provider restores or enhances the forested buffer in Zone 1
adjacent to the sewer easement;
(B) the sewer easement is required to be maintained in a condition that meets the vegetative
requirements of the collection system permit; and
(C) diffuse flow is provided across the entire buffer width.
(5) The applicant or mitigation provider shall provide a site specific credit/debit ledger to the
Authority at regular intervals as specified in the mitigation plan approval or mitigation banking
instrument once credits are established and until they are exhausted.
(6) Buffer mitigation credit, nutrient offset credit, wetland mitigation credit, and stream mitigation
credit shall be accounted for in accordance with the following:
(A) Buffer mitigation used for buffer mitigation credit shall not be used for nutrient offset
credits;
(B) Buffer mitigation credit shall not be generated within wetlands that provide wetland
mitigation credit required by 15A NCAC 02H .0506; and
(C) Buffer mitigation credit may be generated on stream mitigation sites as long as the width
of the restored or enhanced riparian buffer meets the requirements of Subparagraph (n)(1)
of this Rule.
(m) RIPARIAN BUFFER MITIGATION UNITS. Mitigation activities shall generate riparian buffer mitigation
units as follows:
Mitigation Activity
Square Feet of
Mitigation Buffer
Riparian Buffer
Mitigation Units Generated
Restoration Site
1
1
Enhancement Site
2
1
Preservation Site on Non -Subject Urban Streams
3
1
Preservation Site on Subject Urban Streams
3
1
Preservation Site on Non -Subject Rural Streams
5
1
Preservation Site on Subject Rural Streams
10
1
(n) RIPARIAN BUFFER RESTORATION SITE OR ENHANCEMENT SITE. Authority staff shall make an on -
site determination as to whether a potential mitigation site qualifies as a restoration site or enhancement site as
defined in Paragraph (b) of this Rule. Riparian buffer restoration sites or enhancement sites shall meet the following
requirements:
(1) Buffer restoration sites or enhancement sites may be proposed as follows:
Buffer width (ft)
Proposed
Percentage
of Full Credit
Less than 20
0 %
20-29
75 %
30-100
100 %
101-200
33%

Attachment B
(2) The applicant or mitigation provider shall submit a restoration or enhancement mitigation plan to
the Authority for written approval. The plan shall demonstrate compliance with the requirements
of this Paragraph and Paragraphs (1) and (m) of this Rule and shall also contain the following:
(A) A map of the proposed restoration or enhancement site;
(B) A vegetation plan that shall detail the activities proposed to ensure a final performance
standard of 260 stems per acre at the completion of monitoring. The final performance
standard shall include a minimum of four native hardwood tree species or four native
hardwood tree and native shrub species, where no one species is greater than 50 percent
of stems. Native hardwood and native shrub volunteer species may be included to meet
the final performance standard of 260 stems per acre. The Authority may approve
alternative vegetation plans upon consideration of factors, including site wetness and
plant availability, to meet the requirements of this Part;
(C) A grading plan (if applicable). The site shall be graded in a manner to ensure diffuse
flow through the entire riparian buffer;
(D) A schedule for implementation, including a fertilization and herbicide plan if applicable;
and
(E) A monitoring plan to document whether the site is expected to meet the final performance
standards as defined in Part (n)(2)(B) of this Rule and other anticipated benefits to the
adjacent water. The plan shall include a proposed schedule and method for monitoring
the vegetative status of the restoration or enhancement site for five years, including the
health and average stem densities of native hardwood tree or tree and shrub species that
are to be counted toward the final performance standard.
(3) Within one year after Authority approval of the mitigation plan, the applicant or mitigation
provider shall present documentation to the Authority that the riparian buffer has been restored or
enhanced unless the applicant or mitigation provider requests, and the Authority agrees in writing
prior to that date, to a longer time period.
(4) The applicant or mitigation provider shall submit written annual reports; unless an alternative
schedule has been approved by the Authority during the mitigation plan approval, for a period of
five years after completion of the activities identified in Part (n)(2)(B) of this Rule at the
restoration site or enhancement site showing:
(A) compliance with the monitoring plan approved pursuant to Part (n)(2)(E) of this Rule;
and
(B) that diffuse flow through the riparian buffer has been maintained.
If the Authority determines that the native hardwood tree or tree and shrub species at the site are not
expected to meet the final performance standards listed in Part (n)(2)(B) of this Rule, then the Authority
may require that the applicant or mitigation provider replace trees or trees and shrubs as needed during that
five-year period. If the Authority determines that diffuse flow through the buffer is not being maintained,
then the Authority may require that the applicant or mitigation provider restore diffuse flow. If the
Authority determines that the final performance standards listed in Part (n)(2)(B) of this Rule have not been
achieved at the end of the five-year monitoring period, the Authority may require additional years of
monitoring. The Authority shall make determinations referenced in this Subparagraph on a site specific
basis based on the annual reports, any supplemental information submitted by the applicant or mitigation
provider, or a site evaluation by the Authority,
(o) ALTERNATIVE BUFFER MITIGATION OPTIONS. Alternative buffer mitigation options are detailed in this
Paragraph. Any proposal for alternative buffer mitigation shall be provided in writing to the Division, shall meet the
content and procedural requirements for approval by the Division, shall meet the requirements set out in Paragraphs
(1) and (m) of this Rule and the requirements set out in the named Subparagraph of this Paragraph addressing that
applicable alternative buffer mitigation option:
(1) Retroactive Credit. Alternative buffer mitigation sites constructed and within the required
monitoring period on the effective date of this Rule shall be eligible for use as alternative buffer
mitigation sites. Alternative buffer mitigation sites that have completed monitoring and were
released by the Division on or within the past 10 years of the effective date of this Rule shall be
eligible for use as alternative buffer mitigation sites. All alternative buffer mitigation site
proposals submitted under this Subparagraph shall meet the following:
(A) A map or maps of the proposed alternative buffer mitigation site;

Attachment B
(B) Documentation of pre-existing conditions showing that the proposed alternative buffer
mitigation site met the criteria to qualify for the applicable alternative buffer mitigation
type identified in the applicable Subparagraph of this Paragraph;
(C) Documentation of the activities that were conducted at the proposed alternative buffer
mitigation site to meet success criteria identified in the applicable Subparagraph of this
Paragraph; and
(D) Documentation that the proposed alternative buffer mitigation site met the success
criteria identified in the applicable Subparagraph of this Paragraph.
These alternative buffer mitigation sites shall receive credit in accordance with the criteria set
forth in Paragraph (m) and Subparagraph (n)(1) of this Rule.
(2) Coastal Headwater Stream Mitigation. Wooded buffers planted along Outer Coastal Plain
headwater stream mitigation sites may also be approved as riparian buffer mitigation credit if the
site meets all applicable requirements of Paragraph (n) of this Rule. In addition, all success
criteria specified in the approval of the stream mitigation site by the Division shall be met. The
area of the buffer shall be measured perpendicular to the length of the valley being restored. The
area within the proposed buffer mitigation site shall not also be used as wetland mitigation.
(3) Buffer Restoration and Enhancement on Non -Subject Streams. Restoration or enhancement of
buffers may be conducted on intermittent or perennial streams that are not subject to the applicable
Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter. These streams shall be
confirmed as intermittent or perennial streams by Division staff certified per G.S. 143-214.25A
using the Division publication, "Methodology for Identification of Intermittent and Perennial
Streams and Their Origins (v.4.11, 2010)" available at no cost at
http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdeterminations. The proposal
shall meet all applicable requirements of Paragraph (n) of this Rule.
(4) Preservation of Buffer on Non -Subject Streams. Preservation of buffers on intermittent or
perennial streams that are not subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or
.0607 of this Subchapter may be proposed in order to permanently protect the buffer from cutting,
clearing, filling, grading, and similar activities that would affect the functioning of the buffer.
These streams shall be confirmed as intermittent or perennial streams by Division staff certified
per G.S. 143-214.25A using the Division publication, "Methodology for Identification of
Intermittent and Perennial Streams and Their Origins (v4.11, 2010)." The preservation site shall
meet the requirements of Subparagraph (n)(1) of this Rule and the requirements set forth in 15A
NCAC 02R .0403(c)(7), (8), and (11). The area of preservation credit within a buffer mitigation
site shall comprise of no more than 25 percent of the total area of buffer mitigation.
(5) Preservation of Buffers on Subject Streams. Buffer preservation may be proposed on streams that
are subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter in
order to permanently protect the buffer from cutting, clearing, filling, grading, and similar
activities that would affect the functioning of the buffer beyond the protection afforded by the
existing buffer rules on sites that meet the definition of a preservation site. The preservation site
shall meet the requirements of Subparagraph (n)(1) and the requirements set forth in 15A NCAC
02R .0403(c)(7), (8), and (11). The area of preservation credit within a buffer mitigation site shall
comprise of no more than 25 percent of the total area of buffer mitigation.
(6) Enhancement of grazing areas adjacent to streams. Buffer credit at a 2:1 ratio shall be available
for an applicant or mitigation provider who proposes permanent exclusion of grazing livestock
that otherwise degrade the stream and .riparian zone through trampling, grazing, or waste
deposition by fencing the livestock out of the stream and its adjacent buffer. The applicant or
mitigation provider shall provide an enhancement plan as set forth in Paragraph (n) of this Rule.
The applicant or mitigation provider shall demonstrate that grazing was the predominant land use
since the effective date of the applicable buffer rule.
(7) Mitigation on ephemeral channels. For purposes of riparian buffer mitigation as described in this
Part, an "ephemeral channel' is defined as a natural channel exhibiting discernible banks within a
topographic crenulation (V-shaped contour lines) indicative of natural drainage on the 1:24,000
scale (7.5 minute) quadrangle topographic map prepared by the U.S. Geologic Survey, or as seen
on digital elevation models with contours developed from the most recent available LiDAR data,
available at no cost at http://www.ncfloodmaps.com/lidar.com. Ephemeral channels only flow for
a short period of time after precipitation in the drainage area and do not have periods of base flow

Attachment B
sustained by groundwater discharge. The applicant or mitigation provider shall provide a
delineation of the watershed draining to the ephemeral channel. The entire area proposed for
mitigation shall be within the contributing drainage area to the ephemeral channel. The ephemeral
channel shall be directly connected to an intermittent or perennial stream and contiguous with the
rest of the mitigation site protected under a perpetual conservation easement. The area of the
mitigation site on ephemeral channels shall comprise no more than 25 percent of the total area of
buffer mitigation. The proposal shall meet all applicable requirements of Paragraph (n) of this
Rule for restoration or enhancement. The proposal shall meet all applicable requirements of
Subparagraph (o)(4) or (o)(5) of this Rule for preservation.
(8) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described
in this Part, a "ditch" is defined as a man-made channel other than a modified natural stream that
was constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of the
following criteria:
(A) be directly connected with and draining towards an intermittent or perennial stream;
(B) be contiguous with the rest of the mitigation site protected under a perpetual conservation
easement;
(C) stormwater runoff from overland flow shall drain towards the ditch;
(D) be between one and three feet in depth; and
(E) the entire length of the ditch shall have been in place prior to the effective date of the
applicable buffer rule.
The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50
feet for crediting purposes. The applicant or mitigation provider shall provide a delineation of the
watershed draining to the ditch. The watershed draining to the ditch shall be at least four times
larger than the restored or enhanced area along the ditch. The perpetual conservation easement
shall include the ditch and the confluence of the ditch with the intermittent or perennial stream,
and provide language that prohibits future maintenance of the ditch. The proposal shall meet all
applicable requirements of Paragraph (n) of this Rule for restoration or enhancement.
(9) Stormwater Treatment Options. All stormwater treatment options shall meet the following
requirements:
(A) Structural options already required by other local, state, or federal rule or permit cannot
be used as alternative buffer mitigation credit, except to the extent such measure(s)
exceed the requirements of such rule or permit. Stormwater Best Management Practices
(BMPs), including bioretention facilities, constructed wetlands, infiltration devices and
sand filters are all potentially approvable BMPs by the Division for alternative buffer
mitigation credit. Other BMPs may be approved only if they meet the nutrient removal
levels outlined in Part (o)(9)(B) of this Rule. Existing or planned BMPs for a local, state,
or federal rule or permit may be retrofitted or expanded to improve their nutrient removal
if this level of treatment is not required by other local, state, or federal rules. In this case,
the predicted increase in nutrient removal may be counted toward alternative buffer
mitigation credit;
(B) Minimum treatment levels: Any structural BUT shall provide at least 30 percent total
nitrogen and 35 percent total phosphorus removal as demonstrated by a scientific and
engineering literature review as approved by the Division. The mitigation proposal shall
demonstrate that the proposed alternative removes an equal or greater annual mass load
of nutrients to surface waters as the buffer impact authorized in the authorization
certificate or variance, following the calculation of impact and mitigation areas pursuant
to Paragraphs (d), (e), and (f) of this Rule. To estimate the rate of nutrient removal of the
impacted buffer, the applicant or mitigation provider may use the "NC Division of Water
Quality — Methodology and Calculation for determining nutrient reductions associated
with Riparian Buffer Establishment" available at no cost at
http://portal.ncdenr.org/c/document_library/get_file?uuid=55c3 758f-5e27-46cf-8237-
47f890d9329a&groupId=38364. The applicant or mitigation provider may propose an
alternative method of estimating the rate of nutrient removal for consideration and review
by the Division;
(C) All proposed structural BMPs shall follow the Division's "2009 Stormwater Best
Management Practice Design Manual" available at no cost at

Attachment B
http://portal.nedenr.org/web/Ir/bmp-manual. If a specific proposed structural BMP is not
addressed in this Manual, the applicant or mitigation provider shall follow Chapter 20 in
this Manual for approval;
(D) All structural options are required to have Division approved operation and maintenance
plans;
(E) All structural options are required to have continuous and perpetual maintenance and
shall follow the Division's "2009 Stormwater Best Management Practice Design
Manual";
(F) Upon completion of construction, the designer for the type of BMP installed shall certify
that the system was inspected during construction and that the BUT was constructed in
conformity with plans and specifications approved by the Division;
(G) Removal and replacement of structural options: If a structural option is proposed to be
removed and cannot be replaced on -site, then a structural or non-structural measure of
equal or better nutrient removal capacity, as determined by calculations submitted to and
approved by the Division, in a location as specified by Paragraphs (f) and (g) of this Rule
shall be constructed as a replacement;
(I� Renovation or repair of structural options: If the applicant, mitigation provider, or the
Division determines that a structural option must be renovated or repaired, it shall be
renovated to provide equal or better nutrient removal capacity than as originally
designed; and
(I) Structural options, as well as their operation and maintenance, are the responsibility of
the landowner or easement holder unless the Division gives written approval for another
responsible party to operate and maintain them. Structural options shall be located in
recorded drainage easements for the purposes of operation and maintenance and shall
have recorded access easements to the nearest public right-of-way. These easements
shall be granted in favor of the party responsible for operating and maintaining the
structure, with a note that operation and maintenance is the responsibility of the
landowner, easement holder, or other responsible party.
(10) Approval for other alternative buffer mitigation options. Other alternative riparian buffer
mitigation options not specified within this Rule may be submitted to the Division for review and
recommendation to the Environmental Management Commission on a case -by -case basis. Any
proposal submitted under this Paragraph shall provide documentation or calculations to
demonstrate that the proposed alternative mitigation option removes an equal or greater annual
mass load of nutrients to surface waters as a riparian buffer. Upon completion of the Division's
review, and prior to recommendation to the Environmental Management Commission, the
Division shall issue a 30-calendar day public notice through the Division's website and the
DWRwetlands Listserve. Division staff shall present their recommendations, including comments
received during the public notice period, to the Environmental Management Commission for a
final decision. If approved by the Environmental Management Commission, the alternative buffer
mitigation option may be proposed by other applicants and mitigation providers.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.20; 143-215.3(a)(1); 143-215.6A; 143-
215.6B; 143-215.6C,• 143-215.8A; 143-215.8B; 143-282(c); 143B-282(d); S.L. 1998-221; S.L.
1999-329, s. 7.1; S.L. 2001-418, s. 4.(a); S.L. 2003-340, s. 5; S.L. 2005-190; S.L. 2006-259; S.L.
2009-337; S.L. 2009-486; S.L. 2014-95;
Temporary Adoption Eff.' October 24, 2014;
Eff. November 1, 2015.

*Credits shown below are only for mitigation credits approved by the UMBI, BPDP, and As -Built.
EMH Farm Mitigation Banking Instrument
Buffer Credit Ledger
Date Last Updated:
CLEARWATER MITIGATION DWR Bank Parcel Project #:
III L ° T ' ° x s Total Credits Released To Date:
Sale/
Release Date
Purchaser or % Credit
Release
Project w/ HUC #
Credits
Released/Available to
Bank
Credits Debited/Sold
From Bank
Buffer Credit Balance
Gov't
Requiring
Square Feet
Acres
Square Feet
Acres
SquareAcres
Feet